[Congressional Record Volume 166, Number 138 (Tuesday, August 4, 2020)]
[Senate]
[Pages S4737-S4881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2505. Mr. RUBIO (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the end of the amendment, add the following:

     SEC. 3. SMALL BUSINESS RECOVERY.

       (a) Short Title.--This section may be cited as the 
     ``Continuing Small Business Recovery and Paycheck Protection 
     Program Act''.
       (b) Definitions.--In this section:
       (1) Administration; administrator.--The terms 
     ``Administration'' and ``Administrator'' mean the Small 
     Business Administration and the Administrator thereof, 
     respectively.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (c) Emergency Rulemaking Authority.-- Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator shall issue regulations to carry out this 
     section and the amendments made by this section without 
     regard to the notice requirements under section 553(b) of 
     title 5, United States Code.
       (d) Additional Eligible Expenses.--
       (1) Allowable use of ppp loan.--Section 7(a)(36)(F)(i) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
     amended--
       (A) in subclause (VI), by striking ``and'' at the end;
       (B) in subclause (VII), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:

       ``(VIII) covered operations expenditures, as defined in 
     section 1106(a) of the CARES Act (15 U.S.C. 9005(a));
       ``(IX) covered property damage costs, as defined in such 
     section 1106(a);
       ``(X) covered supplier costs, as defined in such section 
     1106(a); and
       ``(XI) covered worker protection expenditures, as defined 
     in such section 1106(a).''.

       (2) Loan forgiveness.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (10), (11), and (12), respectively;
       (ii) by redesignating paragraph (5) as paragraph (8);
       (iii) by redesignating paragraph (4) as paragraph (6);
       (iv) by redesignating paragraph (3) as paragraph (4);
       (v) by inserting after paragraph (2) the following:
       ``(3) the term `covered operations expenditure' means a 
     payment for any business software or cloud computing service 
     that facilitates business operations, product or service 
     delivery, the processing, payment, or tracking of payroll 
     expenses, human resources, sales and billing functions, or 
     accounting or tracking of supplies, inventory, records and 
     expenses;'';
       (vi) by inserting after paragraph (4), as so redesignated, 
     the following:
       ``(5) the term `covered property damage cost' means a cost 
     related to property damage and vandalism or looting due to 
     public disturbances that occurred during 2020 that was not 
     covered by insurance or other compensation;'';
       (vii) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(5) the term `covered supplier cost' means an expenditure 
     made by an entity to a supplier of goods pursuant to a 
     contract in effect before February 15, 2020 for the supply of 
     goods that are essential to the operations of the entity at 
     the time at which the expenditure is made;'';
       (viii) by inserting after paragraph (8), as so 
     redesignated, the following:
       ``(9) the term `covered worker protection expenditure'--
       ``(A) means an operating or a capital expenditure that is 
     required to facilitate the adaptation of the business 
     activities of an entity to comply with requirements 
     established or guidance issued by the Department of Health 
     and Human Services, the Centers for Disease Control, or the 
     Occupational Safety and Health Administration during the 
     period beginning on March 1, 2020 and ending December 31, 
     2020 related to the maintenance of standards for sanitation, 
     social distancing, or any other worker or customer safety 
     requirement related to COVID-19;
       ``(B) may include--
       ``(i) the purchase, maintenance, or renovation of assets 
     that create or expand--

       ``(I) a drive-through window facility;
       ``(II) an indoor, outdoor, or combined air or air pressure 
     ventilation or filtration system;
       ``(III) a physical barrier such as a sneeze guard;
       ``(IV) an indoor, outdoor, or combined commercial real 
     property;
       ``(V) an onsite or offsite health screening capability; or
       ``(VI) other assets relating to the compliance with the 
     requirements or guidance described in subparagraph (A), as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(ii) the purchase of--

       ``(I) covered materials described in section 328.103(a) of 
     title 44, Code of Federal Regulations, or any successor 
     regulation;
       ``(II) particulate filtering facepiece respirators approved 
     by the National Institute for Occupational Safety and Health, 
     including those approved only for emergency use 
     authorization; or
       ``(III) other kinds of personal protective equipment, as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(C) does not include residential real property or 
     intangible property;''; and
       (ix) in paragraph (11), as so redesignated--

       (I) in subparagraph (C), by striking ``and'' at the end;
       (II) in subparagraph (D), by striking ``and'' at the end; 
     and
       (III) by adding at the end the following:

       ``(E) covered operations expenditures;
       ``(F) covered property damage costs;
       ``(G) covered supplier costs; and
       ``(H) covered worker protection expenditures; and'';
       (B) in subsection (b), by adding at the end the following:
       ``(5) Any covered operations expenditure.
       ``(6) Any covered property damage cost.
       ``(7) Any covered supplier cost.
       ``(8) Any covered worker protection expenditure.'';
       (C) in subsection (d)(8), by inserting ``any payment on any 
     covered operations expenditure, any payment on any covered 
     property damage cost, any payment on any covered supplier 
     cost, any payment on any covered worker protection 
     expenditure,'' after ``rent obligation,''; and
       (D) in subsection (e)--

[[Page S4738]]

       (i) in paragraph (2), by inserting ``payments on covered 
     operations expenditures, payments on covered property damage 
     costs, payments on covered supplier costs, payments on 
     covered worker protection expenditures,'' after ``lease 
     obligations,''; and
       (ii) in paragraph (3)(B), by inserting ``make payments on 
     covered operations expenditures, make payments on covered 
     property damage costs, make payments on covered supplier 
     costs, make payments on covered worker protection 
     expenditures,'' after ``rent obligation,''.
       (e) Lender Safe Harbor.--Subsection (h) of section 1106 of 
     the CARES Act (15 U.S.C. 9005) is amended to read as follows:
       ``(h) Hold Harmless.--
       ``(1) In general.--A lender may rely on any certification 
     or documentation submitted by an applicant for a covered loan 
     or an eligible recipient of a covered loan that--
       ``(A) is submitted pursuant to any statutory requirement 
     relating to covered loans or any rule or guidance issued to 
     carry out any action relating to covered loans; and
       ``(B) attests that the applicant or eligible recipient, as 
     applicable, has accurately verified any certification or 
     documentation provided to the lender.
       ``(2) No enforcement action.--With respect to a lender that 
     relies on a certification or documentation described in 
     paragraph (1)--
       ``(A) an enforcement action may not be taken against the 
     lender acting in good faith relating to origination or 
     forgiveness of a covered loan based on such reliance; and
       ``(B) the lender acting in good faith shall not be subject 
     to any penalties relating to origination or forgiveness of a 
     covered loan based on such reliance.''.
       (f) Selection of Covered Period for Forgiveness.--Section 
     1106 of the CARES Act (15 U.S.C. 9005) is amended--
       (1) by amending paragraph (4) of subsection (a), as so 
     redesignated by subsection (d) of this section, to read as 
     follows:
       ``(4) the term `covered period' means the period--
       ``(A) beginning on the date of the origination of a covered 
     loan; and
       ``(B) ending on a date selected by the eligible recipient 
     of the covered loan that occurs during the period--
       ``(i) beginning on the date that is 8 weeks after such date 
     of origination; and
       ``(ii) ending on December 31, 2020;''; and
       (2) by striking subsection (l).
       (g) Simplified Application.--Section 1106 of the CARES Act 
     (15 U.S.C. 9005), as amended by subsection (f) of this 
     section, is amended--
       (1) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``An eligible'' and inserting ``Except as 
     provided in subsection (l), an eligible'';
       (2) in subsection (f), by inserting ``or the information 
     required under subsection (l), as applicable'' after 
     ``subsection (e)''; and
       (3) by adding at the end the following:
       ``(l) Simplified Application.--
       ``(1) Covered loans under $150,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is not more than $150,000, the covered loan amount shall be 
     forgiven under this section if the eligible recipient--
       ``(i) signs and submits to the lender an attestation that 
     the eligible recipient made a good faith effort to comply 
     with the requirements under section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)); and
       ``(ii) for the 1-year period following submission of the 
     attestation under clause (i), retains records relevant to the 
     attestation that prove compliance with those requirements.
       ``(B) Demographic information.--An eligible recipient of a 
     covered loan described in subparagraph (A) may complete and 
     submit any form related to borrower demographic information.
       ``(C) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(2) Covered loans between $150,000 and $2,000,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is more than $150,000 and not more than $2,000,000--
       ``(i) the eligible recipient seeking loan forgiveness under 
     this section--

       ``(I) is not required to submit the supporting 
     documentation described in paragraph (1) or (2) of subsection 
     (e) or the certification described in subsection (e)(3)(A);
       ``(II) shall retain all relevant schedules, worksheets, and 
     supporting documentation for the 3-year period following 
     submission of the application for loan forgiveness; and
       ``(III) may complete and submit any form related to 
     borrower demographic information;

       ``(ii) review by the lender of an application submitted by 
     the eligible recipient for loan forgiveness under this 
     section shall be limited to whether the lender received a 
     complete application, with all fields completed, initialed, 
     or signed, as applicable; and
       ``(iii) the lender shall--

       ``(I) accept the application submitted by the eligible 
     recipient for loan forgiveness under this section; and
       ``(II) submit the application to the Administrator.

       ``(B) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(3) Audit plan.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of the Continuing Small Business Recovery and 
     Paycheck Protection Program Act, 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 an audit plan that 
     details--
       ``(i) the policies and procedures of the Administrator for 
     conducting reviews and audits of covered loans; and
       ``(ii) the metrics that the Administrator shall use to 
     determine which covered loans will be audited for each 
     category of covered loans described in paragraphs (1) and 
     (2).
       ``(B) Reports.--Not later than 30 days after the date on 
     which the Administrator submits the audit plan required under 
     subparagraph (A), and each month 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 on the 
     review and audit activities of the Administrator under this 
     subsection, which shall include--
       ``(i) the number of active reviews and audits;
       ``(ii) the number of reviews and audits that have been 
     ongoing for more than 60 days; and
       ``(iii) any substantial changes made to the audit plan 
     submitted under subparagraph (A).''.
       (h) Group Insurance Payments as Payroll Costs.--Section 
     7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by 
     inserting ``and other group insurance'' before ``benefits''.
       (i) Paycheck Protection Program Second Draw Loans.--Section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended 
     by adding at the end the following:
       ``(37) Paycheck protection program second draw loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `community financial institutions', `credit 
     union', `eligible self-employed individual', `insured 
     depository institution', `nonprofit organization', `payroll 
     costs', `seasonal employer', and `veterans organization' have 
     the meanings given those terms in paragraph (36), except that 
     `eligible entity' shall be substituted for `eligible 
     recipient' each place it appears in the definitions of those 
     terms;
       ``(ii) the term `covered loan' means a loan made under this 
     paragraph;
       ``(iii) the terms `covered mortgage obligation', `covered 
     operating expenditure', `covered property damage cost', 
     `covered rent obligation', `covered supplier cost', `covered 
     utility payment', and `covered worker protection expenditure' 
     have the meanings given those terms in section 1106(a) of the 
     CARES Act (15 U.S.C. 9005(a));
       ``(iv) the term `covered period' means the period beginning 
     on the date of the origination of a covered loan and ending 
     on December 31, 2020;
       ``(v) the term `eligible entity'--

       ``(I) means any business concern, nonprofit organization, 
     veterans organization, Tribal business concern, eligible 
     self-employed individual, sole proprietor, independent 
     contractor, or small agricultural cooperative that--

       ``(aa)(AA) with respect to a business concern, would 
     qualify as a small business concern by the annual receipts 
     size standard (if applicable) established by section 121.201 
     of title 13, Code of Federal Regulations, or any successor 
     regulation; or
       ``(BB) if the entity does not qualify as a small business 
     concern, meets the alternative size standard established 
     under section 3(a)(5);
       ``(bb) employs not more than 300 employees; and
       ``(cc)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first or second quarter 
     in 2020 that are not less than 35 percent less than the gross 
     receipts of the entity during the same quarter in 2019;
       ``(BB) if the entity was not in business during the first 
     or second quarter of 2019, but was in business during the 
     third and fourth quarter of 2019, had gross receipts during 
     the first or second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the third or fourth quarter of 2019;
       ``(CC) if the entity was not in business during the first, 
     second, or third quarter of 2019, but was in business during 
     the fourth quarter of 2019, had gross receipts during the 
     first or second quarter of 2020 that are less than 35 percent 
     of the amount of the gross receipts of the entity during the 
     fourth quarter of 2019; or
       ``(DD) if the entity was not in business during 2019, but 
     was in operation on February

[[Page S4739]]

     15, 2020, had gross receipts during the second quarter of 
     2020 that are less than 35 percent of the amount of the gross 
     receipts of the entity during the first quarter of 2020;

       ``(II) includes an organization described in subparagraph 
     (D)(vii) of paragraph (36) that is eligible to receive a loan 
     under that paragraph and that meets the requirements 
     described in items (aa) and (cc) of subclause (I); and
       ``(III) does not include--

       ``(aa) an issuer, the securities of which are listed on an 
     exchange registered a national securities exchange under 
     section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f);
       ``(bb) any entity that--
       ``(AA) is a type of business concern described in 
     subsection (b), (c), (d), (e), (f), (h), (l) (m), (p), (q), 
     (r), or (s) of section 120.110 of title 13, Code of Federal 
     Regulations, or any successor regulation;
       ``(BB) is a type of business concern described in section 
     120.110(g) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Criteria and Requirements for Certain 
     Pledges of Loans' (85 Fed. Reg. 21747 (April 20, 2020));
       ``(CC) is a type of business concern described in section 
     120.110(i) of title 13, Code of Federal Regulations, or any 
     successor regulation, except if the business concern is an 
     organization described in paragraph (36)(D)(vii);
       ``(DD) is a type of business concern described in section 
     120.110(j) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rules of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Eligibility of Certain Electric Cooperatives' (85 Fed. Reg. 
     29847 (May 19, 2020)) and `Business Loan Program Temporary 
     Changes; Paycheck Protection Program--Eligibility of Certain 
     Telephone Cooperatives' (85 Fed. Reg. 35550 (June 11, 2020)) 
     or any other guidance or rule issued or that may be issued by 
     the Administrator;
       ``(EE) is a type of business concern described in section 
     120.110(n) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Revisions to First Interim Final Rule' 
     (85 Fed. Reg. 38301 (June 26, 2020)) or any other guidance or 
     rule issued or that may be issued by the Administrator;
       ``(FF) is a type of business concern described in section 
     120.110(o) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in any 
     guidance or rule issued or that may be issued by the 
     Administrator; or
       ``(GG) is an entity that is organized for research or for 
     engaging in advocacy in areas such as public policy or 
     political strategy or otherwise describes itself as a think 
     tank in any public documents;
       ``(HH) is an entity that would be described in the 
     subsections listed in subitems (AA) through (GG) if the 
     entity were a business concern; or
       ``(II) is assigned, or was approved for a loan under 
     paragraph (36) with, a North American Industry Classification 
     System code beginning with 52;
       ``(cc) any business concern or entity primarily engaged in 
     political or lobbying activities, which shall include any 
     entity that is organized for research or for engaging in 
     advocacy in areas such as public policy or political strategy 
     or otherwise describes itself as a think tank in any public 
     documents; or
       ``(dd) any business concern or entity--
       ``(AA) for which an entity created in or organized under 
     the laws of the People's Republic of China or the Special 
     Administrative Region of Hong Kong, or that has significant 
     operations in the People's Republic of China or the Special 
     Administrative Region of Hong Kong, owns or holds, directly 
     or indirectly, not less than 20 percent of the economic 
     interest of the business concern or entity, including as 
     equity shares or a capital or profit interest in a limited 
     liability company or partnership; or
       ``(BB) that retains, as a member of the board of directors 
     of the business concern, a person who is a resident of the 
     People's Republic of China;
       ``(vi) the terms `exchange', `issuer', and `security' have 
     the meanings given those terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
       ``(vii) the term `Tribal business concern' means a Tribal 
     business concern described in section 31(b)(2)(C).
       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans to 
     eligible entities under the same terms, conditions, and 
     processes as a loan made under paragraph (36).
       ``(C) Maximum loan amount.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the maximum amount of a covered loan made to an 
     eligible entity is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payment for payroll costs incurred or paid by 
     the eligible entity during--
       ``(AA) the 1-year period before the date on which the loan 
     is made; or
       ``(BB) calendar year 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(ii) Seasonal employers.--The maximum amount of a covered 
     loan made to an eligible entity that is a seasonal employer 
     is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payments for payroll costs incurred or paid by 
     the eligible entity--
       ``(AA) for a 12-week period beginning February 15, 2019 or 
     March 1, 2019 and ending June 30, 2019; or
       ``(BB) for a consecutive 12-week period between May 1, 2019 
     and September 15, 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iii) New entities.--The maximum amount of a covered loan 
     made to an eligible entity that did not exist during the 1-
     year period preceding February 15, 2020 is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) the quotient obtained by dividing--
       ``(AA) the sum of the total monthly payments by the 
     eligible entity for payroll costs paid or incurred by the 
     eligible entity as of the date on which the eligible entity 
     applies for the covered loan; by
       ``(BB) the number of months in which those payroll costs 
     were paid or incurred; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iv) Limit for multiple locations.--With respect to an 
     eligible entity with more than 1 physical location, the total 
     amount of all covered loans shall be not more than 
     $2,000,000.
       ``(v) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(vi) 90 day rule for maximum loan amount.--The maximum 
     aggregate loan amount of loans guaranteed under this 
     subsection that are approved for an eligible entity 
     (including any affiliates) within 90 days of approval of 
     another loan under this subsection for the eligible entity 
     (including any affiliates) shall not exceed $10,000,000.
       ``(D) Exception from certain certification requirements.--
     An eligible entity applying for a covered loan shall not be 
     required to make the certification described in subclause 
     (III) or (IV) of paragraph (36)(G)(i).
       ``(E) Fee waiver.--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.
       ``(F) Eligible churches and religious organizations.--
       ``(i) Sense of congress.--It is the sense of Congress that 
     the interim final rule of the Administration entitled 
     `Business Loan Program Temporary Changes; Paycheck Protection 
     Program' (85 Fed. Reg. 20817 (April 15, 2020)) properly 
     clarified the eligibility of churches and religious 
     organizations for loans made under paragraph (36).
       ``(ii) Applicability of prohibition.--The prohibition on 
     eligibility established by section 120.110(k) of title 13, 
     Code of Federal Regulations, or any successor regulation, 
     shall not apply to a covered loan.
       ``(G) Gross receipts for nonprofit and veterans 
     organizations.--For purposes of calculating gross receipts 
     under subparagraph (A)(v)(I)(cc) for an eligible entity that 
     is a nonprofit organization, a veterans organization, or an 
     organization described in subparagraph (A)(v)(II), gross 
     receipts--
       ``(i) shall include proceeds from fundraising events, 
     federated campaigns, gifts, donor-advised funds, and funds 
     from similar sources; and
       ``(ii) shall not include--

       ``(I) Federal grants (excluding any loan forgiveness on 
     loans received under paragraph (36) or this paragraph);
       ``(II) revenues from a supporting organization;
       ``(III) grants from private foundations that are disbursed 
     over the course of more than 1 calendar year; or
       ``(IV) any contribution of property other than money, 
     stocks, bonds, and other securities, provided that the non-
     cash contribution is not sold by the organization in a 
     transaction unrelated to the tax-exempt purpose of the 
     organization.

       ``(H) Loan forgiveness.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, an eligible entity shall be eligible for 
     forgiveness of indebtedness on a covered loan in the same 
     manner as an eligible recipient with respect to a loan made 
     under paragraph (36), as described in section 1106 of the 
     CARES Act (15 U.S.C. 9005).
       ``(ii) Forgiveness amount.--An eligible entity shall be 
     eligible for forgiveness of indebtedness on a covered loan in 
     an amount equal to the sum of the following costs incurred or 
     expenditures made during the covered period:

       ``(I) Payroll costs.
       ``(II) 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).
       ``(III) Any covered operations expenditure.
       ``(IV) Any covered property damage cost.
       ``(V) Any payment on any covered rent obligation.
       ``(VI) Any covered utility payment.
       ``(VII) Any covered supplier cost.
       ``(VIII) Any covered worker protection expenditure.

[[Page S4740]]

       ``(iii) Limitation on forgiveness for all eligible 
     entities.--The forgiveness amount under this subparagraph 
     shall be equal to the lesser of--

       ``(I) the amount described in clause (ii); and
       ``(II) the amount equal to the quotient obtained by 
     dividing--

       ``(aa) the amount of the covered loan used for payroll 
     costs during the covered period; and
       ``(bb) 0.60.
       ``(I) Lender eligibility.--Except as otherwise provided in 
     this paragraph, a lender approved to make loans under 
     paragraph (36) may make covered loans under the same terms 
     and conditions as in paragraph (36).
       ``(J) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan in an amount that is--
       ``(i) 3 percent of the principal amount of the financing of 
     the covered loan up to $350,000; and
       ``(ii) 1 percent of the principal amount of the financing 
     of the covered loan above $350,000, if applicable.
       ``(K) Set aside for small entities.--Not less than 
     $25,000,000,000 of the total amount of covered loans 
     guaranteed by the Administrator shall be made to eligible 
     entities with not more than 10 employees as of February 15, 
     2020.
       ``(L) Set aside for community financial institutions, small 
     insured depository institutions, credit unions, and farm 
     credit system institutions.--Not less than $10,000,000,000 of 
     the total amount of covered loans guaranteed by the 
     Administrator shall be made by--
       ``(i) community financial institutions;
       ``(ii) insured depository institutions with consolidated 
     assets of less than $10,000,000,000;
       ``(iii) credit unions with consolidated assets of less than 
     $10,000,000,000; and
       ``(iv) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000 (not 
     including the Federal Agricultural Mortgage Corporation).
       ``(M) Publication of guidance.--Not later than 10 days 
     after the date of enactment of this paragraph, the 
     Administrator shall issue guidance addressing barriers to 
     accessing capital for minority, underserved, veteran, and 
     women-owned business concerns for the purpose of ensuring 
     equitable access to covered loans.
       ``(N) Standard operating procedure.--The Administrator 
     shall, to the maximum extent practicable, allow a lender 
     approved to make covered loans to use existing program 
     guidance and standard operating procedures for loans made 
     under this subsection.
       ``(O) Prohibition on use of proceeds for lobbying 
     activities.--None of the proceeds of a covered loan may be 
     used for--
       ``(i) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(ii) lobbying expenditures related to a State or local 
     election; or
       ``(iii) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.
       (j) Continued Access to the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36)(E)(ii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(E)(ii)) is amended by 
     striking ``$10,000,000'' and inserting ``$2,000,000''.
       (2) Applicability of maximum loan amount calculation.--
       (A) Definitions.--In this paragraph, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (B) Applicability.--The amendment made by paragraph (1) 
     shall apply only with respect to a covered loan applied for 
     by an eligible recipient on or after the date of enactment of 
     this Act.
       (k) Increased Ability for Paycheck Protection Program 
     Borrowers to Request an Increase in Loan Amount Due to 
     Updated Regulations.--
       (1) Definitions.--In this subsection, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (2) Increased amount.--Notwithstanding the interim final 
     rule issued by the Administration entitled ``Business Loan 
     Program Temporary Changes; Paycheck Protection Program--Loan 
     Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
     recipient of a covered loan that is eligible for an increased 
     covered loan amount as a result of any interim final rule 
     that allows for covered loan increases may submit a request 
     for an increase in the covered loan amount even if--
       (A) the initial covered loan amount has been fully 
     disbursed; or
       (B) the lender of the initial covered loan has submitted to 
     the Administration a Form 1502 report related to the covered 
     loan.
       (l) Calculation of Maximum Loan Amount for Farmers and 
     Ranchers Under the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by subsection (j) of this 
     section, is amended--
       (A) in subparagraph (E), in the matter preceding clause 
     (i), by striking ``During'' and inserting ``Except as 
     provided in subparagraph (T), during''; and
       (B) by adding at the end the following:
       ``(T) Calculation of maximum loan amount for farmers and 
     ranchers.--
       ``(i) Definition.--In this subparagraph, the term `covered 
     recipient' means an eligible recipient that--

       ``(I) operates as a sole proprietorship or as an 
     independent contractor, or is an eligible self-employed 
     individual;
       ``(II) reports farm income or expenses on a Schedule F (or 
     any equivalent successor schedule); and
       ``(III) was in business during the period beginning on 
     February 15, 2019 and ending on June 30, 2019.

       ``(ii) No employees.--With respect to covered recipient 
     without employees, the maximum covered loan amount shall be 
     the lesser of--

       ``(I) the sum of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the gross income of the covered recipient in 2019, 
     as reported on a Schedule F (or any equivalent successor 
     schedule), that is not more than $100,000, divided by 12; and
       ``(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 April 3, 2020 that the borrower 
     intends to refinance under the covered loan, not including 
     any amount of any advance under the loan that is not required 
     to be repaid; or

       ``(II) $2,000,000.

       ``(iii) With employees.--With respect to a covered 
     recipient with employees, the maximum covered loan amount 
     shall be calculated using the formula described in 
     subparagraph (E), except that the gross income of the covered 
     recipient described in clause (ii)(I)(aa)(AA) of this 
     subparagraph, as divided by 12, shall be added to the sum 
     calculated under subparagraph (E)(i)(I).
       ``(iv) Recalculation.--A lender that made a covered loan to 
     a covered recipient before the date of enactment of this 
     subparagraph may, at the request of the covered recipient--

       ``(I) recalculate the maximum loan amount applicable to 
     that covered loan based on the formula described in clause 
     (ii) or (iii), as applicable, if doing so would result in a 
     larger covered loan amount; and
       ``(II) provide the covered recipient with additional 
     covered loan amounts based on that recalculation.''.

       (m) Farm Credit System Institutions.--
       (1) Definition of farm credit system institution.--In this 
     subsection, the term ``Farm Credit System institution''--
       (A) means an institution of the Farm Credit System 
     chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 
     et seq.); and
       (B) does not include the Federal Agricultural Mortgage 
     Corporation.
       (2) Facilitation of participation in ppp and second draw 
     loans.--
       (A) Applicable rules.--Solely with respect to loans under 
     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), Farm Credit Administration 
     regulations and guidance issued as of July 14, 2020, and 
     compliance with such regulations and guidance, shall be 
     deemed functionally equivalent to requirements referenced in 
     section 3(a)(iii)(II) of the interim final rule of the 
     Administration entitled ``Business Loan Program Temporary 
     Changes; Paycheck Protection Program'' (85 Fed. Reg. 20811 
     (April 15, 2020)) or any similar requirement referenced in 
     that interim final rule in implementing such paragraph (37).
       (B) Applicability of certain loan requirements.--For 
     purposes of making loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgiving those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm 
     Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including 
     regulations issued under those sections) shall not apply.
       (C) Risk weight.--
       (i) In general.--With respect to the application of Farm 
     Credit Administration capital requirements, a loan described 
     in clause (ii)--

       (I) shall receive a risk weight of zero percent; and
       (II) shall not be included in the calculation of any 
     applicable leverage ratio or other applicable capital ratio 
     or calculation.

       (ii) Loans described.--A loan referred to in clause (i) 
     is--

       (I) a loan made by a Farm Credit Bank described in section 
     1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to 
     a Federal Land Bank Association, a Production Credit 
     Association, or an agricultural credit association described 
     in that section to make loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgive those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37); or
       (II) a loan made by a Federal Land Bank Association, a 
     Production Credit Association, an agricultural credit 
     association, or the bank for cooperatives described in 
     section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 
     2002(a)) under paragraph (36) or (37) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)).

[[Page S4741]]

       (D) Reservation of loan guarantees.--Section 7(a)(36)(S) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(S)) is amended--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end;
       (II) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(III) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of not less than $10,000,000,000 and 
     less than $50,000,000,000.''; and

       (ii) in clause (ii)--

       (I) in subclause (II), by striking ``and'' at the end;
       (II) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(IV) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000.''.

       (n) Definition of Seasonal Employer.--
       (1) PPP loans.--Section 7(a)(36)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(A)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) the term `seasonal employer' means an eligible 
     recipient that--

       ``(I) does not operate for more than 7 months in any 
     calendar year; or
       ``(II) during the preceding calendar year, had gross 
     receipts for any 6 months of that year that were not more 
     than 33.33 percent of the gross receipts of the employer for 
     the other 6 months of that year.''.

       (2) Loan forgiveness.--Paragraph (12) of section 1106(a) of 
     the CARES Act (15 U.S.C. 9005(a)), as so redesignated by 
     subsection (d)(2) of this section, is amended to read as 
     follows:
       ``(12) the terms `payroll costs' and `seasonal employer' 
     have the meanings given those terms in section 7(a)(36) of 
     the Small Business Act (15 U.S.C. 636(a)(36)).''.
       (o) Changes to the 7(a) Loan Guaranty Program for Recovery 
     Sector Business Concerns.--Section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended by subsection (i) of this 
     section, is amended by adding at the end the following:
       ``(38) Recovery sector loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered loan' means a loan made under this 
     paragraph;
       ``(ii) the term `covered population census tract' means a 
     population census tract for which--

       ``(I) in the case of a tract that is not located within a 
     metropolitan area, the median income does not exceed 80 
     percent of the statewide (or, with respect to a possession or 
     territory of the United States, the possession- or territory-
     wide) median family income; or
       ``(II) in the case of a tract that is located within a 
     metropolitan area, the median family income does not exceed 
     80 percent of the greater of the statewide (or, with respect 
     to a possession or territory of the United States, the 
     possession- or territory-wide) median family income and the 
     metropolitan area median family income;

       ``(iii) the term `covered seasonal employer' means a small 
     business concern that--

       ``(I) is a seasonal employer, as defined in paragraph (36); 
     and
       ``(II) during the preceding calendar year--

       ``(aa) had gross receipts as described in paragraph 
     (36)(A)(xiii)(II); and
       ``(bb) employed not more than 250 employees during not 
     fewer than 5 months out of that year;
       ``(iv) the term `eligible entity'--

       ``(I) means any small business concern that--

       ``(aa) except with respect to a covered seasonal employer, 
     employs not more than 500 employees;
       ``(bb)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first or second quarter 
     in 2020 that are less than 50 percent of the gross receipts 
     of the business concern during the same quarter in 2019;
       ``(BB) if the small business concern was not in business 
     during the first or second quarter of 2019, but was in 
     business during the third and fourth quarter of 2019, had 
     gross receipts during the first or second quarter of 2020 
     that are less than 50 percent of the amount of the gross 
     receipts of the small business concern during the third or 
     fourth quarter of 2019;
       ``(CC) if the small business concern was not in business 
     during the first, second, or third quarter of 2019, but was 
     in business during the fourth quarter of 2019, had gross 
     receipts during the first or second quarter of 2020 that are 
     less than 50 percent of the amount of the gross receipts of 
     the small business concern during the fourth quarter of 2019; 
     or
       ``(DD) if the small business concern was not in business 
     during the first or second quarter of 2020, had gross 
     receipts during any 2-month period during 2020 that are less 
     than 50 percent of the amount of the gross receipts of the 
     small business concern during any other 2-month period during 
     2020; and
       ``(cc)(AA) is a covered seasonal employer seeking a covered 
     loan of not more than $2,000,000; or
       ``(BB) is a small business concern the principal place of 
     business of which is in, and not less than 50 percent of the 
     total gross income of which is derived from the active 
     conduct of the business concern within, a small business low-
     income census tract; and

       ``(II) does not include--

       ``(aa) an entity described in paragraph (37)(A)(v)(II);
       ``(bb) any entity that received a loan under paragraph 
     (37); or
       ``(cc) any entity that received a loan under paragraph (36) 
     after the date of enactment of this paragraph; and
       ``(v) the term `small business low-income census tract'--

       ``(I) means--

       ``(aa) a covered population census tract for which the 
     poverty rate is not less than 20 percent; or
       ``(bb) an area--
       ``(AA) that is not tracted as a population census tract;
       ``(BB) for which the poverty rate in the equivalent county 
     division (as defined by the Bureau of the Census) is not less 
     than 20 percent; and
       ``(CC) for which the median income in the equivalent county 
     division (as defined by the Bureau of the Census) does not 
     exceed 80 percent of the statewide (or, with respect to a 
     possession or territory of the United States, the possession- 
     or territory-wide) median income; and

       ``(II) does not include any area or population census tract 
     with a median family income that is not less than 120 percent 
     of the median family income in the United States, according 
     to the most recent American Communities Survey data from the 
     Bureau of the Census.

       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans made 
     to eligible entities--
       ``(i) under the same terms, conditions, and processes as a 
     loan made under this subsection; and
       ``(ii) to meet working capital needs, acquire fixed assets, 
     or refinance existing indebtedness while recovering from the 
     COVID-19 pandemic.
       ``(C) Maximum loan amount.--The maximum amount of a covered 
     loan made to an eligible entity shall be the lesser of--
       ``(i) $10,000,000; or
       ``(ii) the amount equal to 200 percent of the average 
     annual receipts of the eligible entity.
       ``(D) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(E) 90 day rule for maximum loan amount.--The maximum 
     aggregate loan amount of loans guaranteed under this 
     subsection that are approved for an eligible entity 
     (including any affiliates) within 90 days of approval of 
     another loan under this subsection for the eligible entity 
     (including any affiliates) shall not exceed $10,000,000.
       ``(F) Application deadline.--An eligible entity desiring a 
     covered loan shall submit an application not later than 
     December 31, 2020.
       ``(G) Fee waiver.--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.
       ``(H) Loan terms.--
       ``(i) In general.--In order to receive a covered loan, an 
     eligible entity shall not be required to show that the 
     eligible entity is unable to obtain credit elsewhere.
       ``(ii) Maturity and interest rate.--A covered loan shall--

       ``(I) have a maturity of 20 years; and
       ``(II) bear an interest rate of equal to the sum of--

       ``(aa) the Secured Overnight Financing Rate in effect for 
     each of the days in the relevant quarter that interest is 
     charged, as compiled and released by the Federal Reserve Bank 
     of New York; and
       ``(bb) 300 basis points.
       ``(iii) Guarantee.--In an agreement to participate in a 
     covered loan on a deferred basis, the participation by the 
     Administration shall be 100 percent of the covered loan.
       ``(iv) Subsidy for interest payments.--

       ``(I) In general.--The Administrator shall pay the amount 
     of interest that is owed on a covered loan in regular 
     servicing status for the maturity of the loan such that the 
     interest rate paid by the eligible entity is, at all times, 
     equal to a rate of 1 percent.
       ``(II) Timing of payment.--The Administrator shall--

       ``(aa) begin making payments under subclause (I) not later 
     than 30 days after the date on which the first such payment 
     is due; and
       ``(bb) make payments without regard to the payment deferral 
     described in clause (iv).

       ``(III) Application of payment.--Any payment made by the 
     Administrator under subclause (I) shall be applied to the 
     covered loan such that the eligible entity is relieved of the 
     obligation to pay that amount.

       ``(v) Payment deferral.--

       ``(I) In general.--No payment of principal or interest 
     shall be due on a covered loan for the first 2 years of the 
     covered loan.
       ``(II) Additional deferral.--After the 2-year deferral 
     period under subclause (I), the Administrator may grant not 
     more than an additional 2 years of principal deferral to the 
     eligible entity if the eligible entity is certified by the 
     Administrator and the Secretary as economically distressed 
     based on

[[Page S4742]]

     publicly available criteria established by the Administrator.

       ``(vi) Limitation on changes in terms.--Notwithstanding any 
     other provision of this subsection, for a covered loan, the 
     Administrator shall not approve any increase in loan amount 
     or change in guaranty percentage, interest rate, interest 
     accrual method, or maturity, except for such changes as may 
     be necessary for prepayment and the deferment of payment 
     under clause (v).
       ``(I) Prohibition on use of proceeds for disaster loans.--
     An eligible entity shall not use the proceeds of a covered 
     loan to refinance any loan made under subsection (b).
       ``(J) Secondary market.--In order to increase the liquidity 
     of the secondary market for covered loans, the Administrator 
     shall, not later than 60 days after the date of enactment of 
     this paragraph, substantially reduce barriers to the sale of 
     covered loans on the secondary market.
       ``(K) Lender eligibility.--In order to increase access to 
     and the equitable distribution of covered loans, the 
     Administrator shall establish a process by which a lender 
     approved to make loans under paragraph (36) may make covered 
     loans.
       ``(L) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan in an amount that is--
       ``(i) 3 percent of the principal amount of the financing of 
     the covered loan up to $350,000; and
       ``(ii) 1 percent of the principal amount of the financing 
     of the covered loan above $350,000, if applicable.
       ``(M) Standard operating procedure.--The Administrator 
     shall, to the maximum extent practicable, allow a lender 
     approved to make covered loans to use existing program 
     guidance and standard operating procedures for loans made 
     under this subsection.''.
       (p) Eligibility of 501(c)(6) Organizations for Loans Under 
     the Paycheck Protection Program.--Section 7(a)(36)(D) of the 
     Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended--
       (1) in clause (v), by inserting ``or whether an 
     organization described in clause (vii) employs not more than 
     150 employees,'' after ``clause (i)(I),'';
       (2) in clause (vi), by inserting ``, an organization 
     described in clause (vii),'' after ``nonprofit 
     organization''; and
       (3) by adding at the end the following:
       ``(vii) Eligibility for certain 501(c)(6) organizations.--

       ``(I) In general.--Except as provided in subclause (II), 
     any organization that is described in section 501(c)(6) of 
     the Internal Revenue Code and that is exempt from taxation 
     under section 501(a) of such Code (excluding professional 
     sports leagues and organizations with the purpose of 
     promoting or participating in a political campaign or other 
     activity) shall be eligible to receive a covered loan if--

       ``(aa) the organization does not receive more than 10 
     percent of its receipts from lobbying activities;
       ``(bb) the lobbying activities of the organization do not 
     comprise more than 10 percent of the total activities of the 
     organization; and
       ``(cc) the organization employs not more than 150 
     employees.

       ``(II) Destination marketing organizations.--
     Notwithstanding subclause (I), during the covered period, any 
     destination marketing organization shall be eligible to 
     receive a covered loan if--

       ``(aa) the destination marketing organization does not 
     receive more than 10 percent of its receipts from lobbying 
     activities;
       ``(bb) the lobbying activities of the destination marketing 
     organization do not comprise more than 10 percent of the 
     total activities of the organization;
       ``(cc) the destination marketing organization employs not 
     more than 150 employees; and
       ``(dd) the destination marketing organization--
       ``(AA) is described in section 501(c) of the Internal 
     Revenue Code and is exempt from taxation under section 501(a) 
     of such Code; or
       ``(BB) is a quasi-governmental entity or is a political 
     subdivision of a State or local government, including any 
     instrumentality of those entities.''.
       (q) Prohibition on Use of Loan Proceeds for Lobbying 
     Activities.--Section 7(a)(36)(F) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(F)) is amended by adding at the end the 
     following:
       ``(vi) Prohibition.--None of the proceeds of a covered loan 
     may be used for--

       ``(I) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(II) lobbying expenditures related to a State or local 
     election; or
       ``(III) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.

       (r) Effective Date; Applicability.--The amendments made to 
     paragraph (36) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) and title I of the CARES Act (Public Law 116-
     136) under this section shall be effective as if included in 
     the CARES Act and shall apply to any loan made pursuant to 
     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)).
       (s) Bankruptcy Provisions.--
       (1) In general.--Section 364 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(g)(1) The court, after notice and a hearing, may 
     authorize a debtor in possession or a trustee that is 
     authorized to operate the business of the debtor under 
     section 1183, 1184, 1203, 1204, or 1304 of this title to 
     obtain a loan under paragraph (36) or (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), and such loan 
     shall be treated as a debt to the extent the loan is not 
     forgiven in accordance with section 1106 of the CARES Act (15 
     U.S.C. 9005) or subparagraph (H) of such paragraph (37), as 
     applicable, with priority equal to a claim of the kind 
     specified in subsection (c)(1) of this section.
       ``(2) The trustee may incur debt described in paragraph (1) 
     notwithstanding any provision in a contract, prior order 
     authorizing the trustee to incur debt under this section, 
     prior order authorizing the trustee to use cash collateral 
     under section 363, or applicable law that prohibits the 
     debtor from incurring additional debt.
       ``(3) The court shall hold a hearing within 7 days after 
     the filing and service of the motion to obtain a loan 
     described in paragraph (1).''.
       (2) Allowance of administrative expenses.--Section 503(b) 
     of title 11, United States Code, is amended--
       (A) in paragraph (8)(B), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) any debt incurred under section 364(g)(1) of this 
     title.''.
       (3) Confirmation of plan for reorganization.--Section 1191 
     of title 11, United States Code, is amended by adding at the 
     end the following:
       ``(f) Special Provision Related to COVID-19 Pandemic.--
     Notwithstanding section 1129(a)(9)(A) of this title and 
     subsection (e) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed under subsection (b) of this 
     section if the plan proposes to make payments on account of 
     such claim when due under the terms of the loan giving rise 
     to such claim.''.
       (4) Confirmation of plan for family farmers and 
     fishermen.--Section 1225 of title 11, United States Code, is 
     amended by adding at the end the following:
       ``(d) Notwithstanding section 1222(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (5) Confirmation of plan for individuals.--Section 1325 of 
     title 11, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notwithstanding section 1322(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (6) Effective date; sunset.--
       (A) Effective date.--The amendments made by paragraphs (1) 
     through (5) shall--
       (i) take effect on the date on which the Administrator 
     submits to the Director of the Executive Office for United 
     States Trustees a written determination that, subject to 
     satisfying any other eligibility requirements, any debtor in 
     possession or trustee that is authorized to operate the 
     business of the debtor under section 1183, 1184, 1203, 1204, 
     or 1304 of title 11, United States Code, would be eligible 
     for a loan under paragraphs (36) and (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)); and
       (ii) apply to any case pending on or commenced on or after 
     the date described in clause (i).
       (B) Sunset.--
       (i) In general.--If the amendments made by this subsection 
     take effect under subparagraph (A), effective on the date 
     that is 2 years after the date of enactment of this Act--

       (I) section 364 of title 11, United States Code, is amended 
     by striking subsection (g);
       (II) section 503(b) of title 11, United States Code, is 
     amended--

       (aa) in paragraph (8)(B), by adding ``and'' at the end;
       (bb) in paragraph (9), by striking ``; and'' at the end and 
     inserting a period; and
       (cc) by striking paragraph (10);

       (III) section 1191 of title 11, United States Code, is 
     amended by striking subsection (f);
       (IV) section 1225 of title 11, United States Code, is 
     amended by striking subsection (d); and
       (V) section 1325 of title 11, United States Code, is 
     amended by striking subsection (d).

       (ii) Applicability.--Notwithstanding the amendments made by 
     clause (i) of this subparagraph, if the amendments made by 
     paragraphs (1), (2), (3), (4), and (5) take effect under 
     subparagraph (A) of this paragraph, such amendments shall 
     apply to any case under title 11, United States Code, 
     commenced before the date that is 2 years after the date of 
     enactment of this Act.
       (t) Oversight.--
       (1) Compliance with oversight requirements.--
       (A) In general.--Except as provided in subparagraph (B), on 
     and after the date of enactment of this Act, the 
     Administrator shall comply with any data or information

[[Page S4743]]

     requests or inquiries made by the Comptroller General of the 
     United States not later than 30 days (or such later date as 
     the Comptroller General may specify) after receiving the 
     request or inquiry.
       (B) Exception.--If the Administrator is unable to comply 
     with a request or inquiry described in subparagraph (A) 
     within the 30-day period or, if applicable, later period 
     described in that clause, the Administrator shall, during 
     that 30-day (or later) period, submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     notification that includes a detailed justification for the 
     inability of the Administrator to comply with the request or 
     inquiry.
       (2) Testimony.--Not later than the date that is 30 days 
     after the date of enactment of this Act, and every quarter 
     thereafter until the date that is 2 years after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     the Treasury shall testify before the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives regarding 
     implementation of this section and the amendments made by 
     this section.
       (u) Conflicts of Interest.--
       (1) Definitions.--In this subsection:
       (A) 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.
       (B) Covered entity.--
       (i) Definition.--The term ``covered entity'' means an 
     entity in which a covered individual directly or indirectly 
     holds a controlling interest.
       (ii) Treatment of securities.--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 subparagraph 
     (C)(ii) shall be aggregated.
       (C) Covered individual.--The term ``covered individual'' 
     means--
       (i) the President, the Vice President, the head of an 
     Executive department, or a Member of Congress; and
       (ii) the spouse, child, son-in-law, or daughter-in-law, as 
     determined under applicable common law, of an individual 
     described in clause (i).
       (D) Executive department.--The term ``Executive 
     department'' has the meaning given the term in section 101 of 
     title 5, United States Code.
       (E) 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.
       (F) Equity interest.--The term ``equity interest'' means--
       (i) a share in an entity, without regard to whether the 
     share is--

       (I) transferable; or
       (II) classified as stock or anything similar;

       (ii) a capital or profit interest in a limited liability 
     company or partnership; or
       (iii) a warrant or right, other than a right to convert, to 
     purchase, sell, or subscribe to a share or interest described 
     in clause (i) or (ii), respectively.
       (2) Requirement.--The principal executive officer and the 
     principal financial officer, or individuals performing 
     similar functions, of an entity seeking to enter a 
     transaction made under paragraph (36), (37), or (38) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
     added and amended by this section, shall, before that 
     transaction is approved, disclose to the Administrator 
     whether the entity is a covered entity.
       (3) Applicability.--The requirement under paragraph (2)--
       (A) shall apply with respect to any transaction made under 
     paragraph (36), (37), or (38) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), as added and amended by this 
     section, on or after the date of enactment of this Act; and
       (B) shall not apply with respect to--
       (i) any transaction described in subparagraph (A) that was 
     made before the date of enactment of this Act; or
       (ii) forgiveness under section 1106 of the CARES Act (15 
     U.S.C. 9005) or any other provision of law of any loan 
     associated with any transaction described in subparagraph (A) 
     that was made before the date of enactment of this Act.
       (v) Small Business Investment Company Program.--
       (1) In general.--Part A of title III of the Small Business 
     Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended--
       (A) in section 302(a) (15 U.S.C. 682(a))--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``or'' at the end;
       (II) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (III) by adding at the end the following:

       ``(C) $20,000,000, adjusted every 5 years for inflation, 
     with respect to each licensee authorized or seeking authority 
     to sell bonds to Administration as a participating investment 
     company under section 321.''; and
       (B) by adding at the end the following:

     ``SEC. 321. SMALL BUSINESS AND DOMESTIC PRODUCTION RECOVERY 
                   INVESTMENT FACILITY.

       ``(a) Definitions.--In this section:
       ``(1) Eligible small business concern.--The term `eligible 
     small business concern'--
       ``(A) means a small business concern that--
       ``(i) meets the revenue reduction requirements established 
     by paragraph (37)(A)(v)(I)(cc) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a));
       ``(ii) is a manufacturing business that is assigned a North 
     American Industry Classification System code beginning with 
     31, 32, or 33 at the time at which the small business concern 
     receives an investment from a participating investment 
     company under the facility; or
       ``(iii) is located in a small business low-income census 
     tract; and
       ``(B) does not include an entity described in paragraph 
     (37)(A)(v)(II) of such section 7(a).
       ``(2) Facility.--The term `facility' means the facility 
     established under subsection (b).
       ``(3) Fund.--The term `Fund' means the fund established 
     under subsection (h).
       ``(4) Participating investment company.--The term 
     `participating investment company' means a small business 
     investment company approved under subsection (d) to 
     participate in the facility
       ``(5) Protege investment company.--The term `protege 
     investment company' means a small business investment company 
     that--
       ``(A) is majority managed by new, inexperienced, or 
     otherwise underrepresented fund managers; and
       ``(B) elects and is selected by the Administration to 
     participate in the pathway-protege program under subsection 
     (g).
       ``(6) Small business concern.--The term `small business 
     concern' has the meaning given the term in section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       ``(7) Small business low-income census tract.--The term 
     `small business low-income census tract' has the meaning 
     given the term in section 7(a)(38)(A) of the Small Business 
     Act.
       ``(b) Establishment.--
       ``(1) Facility.--The Administrator shall establish and 
     carry out a facility to improve the recovery of eligible 
     small business concerns from the COVID-19 pandemic, increase 
     resiliency in the manufacturing supply chain of eligible 
     small business concerns, and increase the economic 
     development of small business low-income census tracts by 
     providing financial assistance to participating investment 
     companies that facilitate equity financings to eligible small 
     business concerns in accordance with this section.
       ``(2) Administration of facility.--The facility shall be 
     administered by the Administrator acting through the 
     Associate Administrator described in section 201.
       ``(c) Applications.--
       ``(1) In general.--Any small business investment company 
     may submit to the Administrator an application to participate 
     in the facility.
       ``(2) Requirements for application.--An application to 
     participate in the facility shall include the following:
       ``(A) A business plan describing how the applicant intends 
     to make successful equity investments in eligible small 
     business concerns.
       ``(B) Information regarding the relevant investment 
     qualifications and backgrounds of the individuals responsible 
     for the management of the applicant.
       ``(C) A description of the extent to which the applicant 
     meets the selection criteria under subsection (d)(2).
       ``(3) Exceptions to application for new licensees.--Not 
     later than 90 days after the date of enactment of this 
     section, the Administrator shall reduce requirements for 
     applicants applying to operate as a participating investment 
     company under this section in order to encourage the 
     participation of new small business investment companies in 
     the facility under this section, which may include the 
     requirements established under part 107 of title 13, Code of 
     Federal Regulations, or any successor regulation, relating 
     to--
       ``(A) the approval of initial management expenses;
       ``(B) the management ownership diversity requirement;
       ``(C) the disclosure of general compensatory practices and 
     fee structures; or
       ``(D) any other requirement that the Administrator 
     determines to be an obstacle to achieving the purposes 
     described in this paragraph.
       ``(d) Selection of Participating Investment Companies.--
       ``(1) Determination.--
       ``(A) In general.--Except as provided in paragraph (3), not 
     later than 60 days after the date on which the Administrator 
     receives an application under subsection (c), the 
     Administrator shall--
       ``(i) make a final determination to approve or disapprove 
     such applicant to participate in the facility; and
       ``(ii) transmit the determination to the applicant in 
     writing.
       ``(B) Commitment amount.--Except as provided in paragraph 
     (3), at the time of approval of an applicant, the 
     Administrator shall make a determination of the amount of the 
     commitment that may be awarded to the applicant under this 
     section.
       ``(2) Selection criteria.--In making a determination under 
     paragraph (1), the Administrator shall consider--
       ``(A) the probability that the investment strategy of the 
     applicant will successfully repay any financial assistance 
     provided by the Administration, including the probability of 
     a return significantly in excess thereof;

[[Page S4744]]

       ``(B) the probability that the investments made by the 
     applicant will--
       ``(i) provide capital to eligible small business concerns; 
     or
       ``(ii) create or preserve jobs in the United States;
       ``(C) the probability that the applicant will meet the 
     objectives in the business plan of the applicant, including 
     the financial goals, and, if applicable, the pathway-protege 
     program in accordance with subsection (g); and
       ``(D) the probability that the applicant will assist 
     eligible small business concerns in achieving profitability.
       ``(3) Approval of participating investment companies.--
       ``(A) Provisional approval.--
       ``(i) In general.--Notwithstanding paragraph (1), with 
     respect to an application submitted by an applicant to 
     operate as a participating investment company under this 
     section, the Administrator may provide provisional approval 
     for the applicant in lieu of a final determination of 
     approval and determination of the amount of the commitment 
     under that paragraph.
       ``(ii) Purpose.--The purpose of a provisional approval 
     under clause (i) is to--

       ``(I) encourage applications from investment companies with 
     an investment mandate from the committed private market 
     capital of the investment company that does not conform to 
     the requirements described in this section at the time of 
     application;
       ``(II) allow the applicant to more effectively raise 
     capital commitments in the private markets by referencing the 
     intent of the Administrator to award the applicant a 
     commitment; and
       ``(III) allow the applicant to more precisely request the 
     desired amount of commitment pending the securing of capital 
     from private market investors.

       ``(iii) Limit on period of the time.--The period between a 
     provisional approval under clause (i) and the final 
     determination of approval under paragraph (1) shall not 
     exceed 12 months.
       ``(e) Commitments and SBIC Bonds.--
       ``(1) In general.--The Administrator may, out of amounts 
     available in the Fund, purchase or commit to purchase from a 
     participating investment company 1 or more accruing bonds 
     that include equity features as described in this subsection.
       ``(2) Bond terms.--A bond purchased by the Administrator 
     from a participating investment company under this subsection 
     shall have the following terms and conditions:
       ``(A) Term and interest.--
       ``(i) In general.--The bond shall be issued for a term of 
     not less than 15 years and shall bear interest at a rate 
     determined by the Administrator of not more than 2 percent.
       ``(ii) Accrual of interest.--Interest on the bond shall 
     accrue and shall be payable in accordance with subparagraph 
     (D).
       ``(iii) Prepayment.--The bond shall be prepayable without 
     penalty after the end of the 1-year period beginning on the 
     date on which the bond was purchased.
       ``(B) Profits.--
       ``(i) In general.--The Administration shall be entitled to 
     receive a share of the profits net of any profit sharing 
     performance compensation of the participating investment 
     company equal to the quotient obtained by dividing--

       ``(I) one-third of the commitment that the participating 
     investment company is approved for under subsection (d); by
       ``(II) the commitment approved under subsection (d) plus 
     the regulatory capital of the participating investment 
     company at the time of approval under that subsection.

       ``(ii) Determination of percentage.--The share to which the 
     Administration is entitled under clause (i)--

       ``(I) shall be determined at the time of approval under 
     subsection (d); and
       ``(II) without the approval of the Administration, shall 
     not be revised, including to reflect subsequent distributions 
     of profits, returns of capital, or repayments of bonds, or 
     otherwise.

       ``(C) Profit sharing performance compensation.--
       ``(i) Receipt by administration.--The Administration shall 
     receive a share of profits of not more than 2 percent, which 
     shall be deposited into the Fund and be available to make 
     commitments under this subsection.
       ``(ii) Receipt by managers.--The managers of the 
     participating investment company may receive a maximum profit 
     sharing performance compensation of 25 percent minus the 
     share of profits paid to the Administration under clause (i).
       ``(D) Prohibition on distributions.--No distributions on 
     capital, including profit distributions, shall be made by the 
     participating investment company to the investors or managers 
     of the participating investment company until the 
     Administration has received payment of all accrued interest 
     on the bond committed under this section.
       ``(E) Repayment of principal.--Except as described in 
     subparagraph (F), repayments of principal of the bond of a 
     participating investment company shall be--
       ``(i) made at the same time as returns of private capital; 
     and
       ``(ii) in amounts equal to the pro rata share of the 
     Administration of the total amount being repaid or returned 
     at such time.
       ``(F) Liquidation or default.--Upon any liquidation event 
     or default, as defined by the Administration, any unpaid 
     principal or accrued interest on the bond shall--
       ``(i) have a priority over all equity of the participating 
     investment company; and
       ``(ii) be paid before any return of equity or any other 
     distributions to the investors or managers of the 
     participating investment company.
       ``(3) Amount of commitments and purchases.--
       ``(A) Maximum amount.--The maximum amount of outstanding 
     bonds and commitments to purchase bonds for any participating 
     investment company under the facility shall be the lesser 
     of--
       ``(i) twice the amount of the regulatory capital of the 
     participating investment company; or
       ``(ii) $200,000,000.
       ``(4) Commitment process.--Commitments by the 
     Administration to purchase bonds under the facility shall 
     remain available to be sold by a participating investment 
     company until the end of the fourth fiscal year following the 
     year in which the commitment is made, subject to review and 
     approval by the Administration based on regulatory 
     compliance, financial status, change in management, deviation 
     from business plan, and such other limitations as may be 
     determined by the Administration by regulation or otherwise.
       ``(5) Commitment conditions.--
       ``(A) In general.--As a condition of receiving a commitment 
     under the facility, not less than 50 percent of amounts 
     invested by the participating investment company shall be 
     invested in eligible small business concerns.
       ``(B) Examinations.--In addition to the matters set forth 
     in section 310(c), the Administration shall examine each 
     participating investment company in such detail so as to 
     determine whether the participating investment company has 
     complied with the requirements under this subsection.
       ``(f) Distributions and Fees.--
       ``(1) Distribution requirements.--
       ``(A) Distributions.--As a condition of receiving a 
     commitment under the facility, a participating investment 
     company shall make all distributions to the Administrator in 
     the same form and in a manner as are made to investors, or 
     otherwise at a time and in a manner consistent with 
     regulations or policies of the Administration.
       ``(B) Allocations.--A participating investment company 
     shall make allocations of income, gain, loss, deduction, and 
     credit to the Administrator with respect to any outstanding 
     bonds as if the Administrator were an investor.
       ``(2) Fees.--The Administrator may not charge fees for 
     participating investment companies other than examination 
     fees that are consistent with the license of the 
     participating investment company.
       ``(3) Bifurcation.--Losses on bonds issued by participating 
     investment companies shall not be offset by fees or any other 
     charges on debenture small business investment companies.
       ``(g) Protege Program.--The Administrator shall establish a 
     pathway-protege program in which a protege investment company 
     may receive technical assistance and program support from a 
     participating investment company on a voluntary basis and 
     without penalty for non-participation.
       ``(h) Loss Limiting Fund.--
       ``(1) In general.--There is established in the Treasury a 
     fund for making commitments and purchasing bonds with equity 
     features under the facility and receiving capital returned by 
     participating investment companies.
       ``(2) Use of funds.--Amounts appropriated to the Fund or 
     deposited in the Fund under paragraph (3) shall be available 
     to the Administrator, without further appropriation, for 
     making commitments and purchasing bonds under the facility 
     and expenses and payments, excluding administrative expenses, 
     relating to the operations of the Administrator under the 
     facility.
       ``(3) Depositing of amounts.--
       ``(A) In general.--All amounts received by the 
     Administrator from a participating investment company 
     relating to the facility, including any moneys, property, or 
     assets derived by the Administrator from operations in 
     connection with the facility, shall be deposited in the Fund.
       ``(B) Period of availability.--Amounts deposited under 
     subparagraph (A) shall remain available until expended.
       ``(i) Application of Other Sections.--To the extent not 
     inconsistent with requirements under this section, the 
     Administrator may apply sections 309, 311, 312, 313, and 314 
     to activities under this section and an officer, director, 
     employee, agent, or other participant in a participating 
     investment company shall be subject to the requirements under 
     such sections.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated for the first fiscal year beginning after 
     the date of enactment of this part $10,000,000,000 to carry 
     out the facility. Amounts appropriated pursuant to this 
     subsection shall remain available until the end of the second 
     fiscal year beginning after the date of enactment of this 
     section.''.
       (2) Approval of bank-owned, non-leveraged applicants.--
     Section 301(c)(2) of the Small Business Investment Act of 
     1958 (15 U.S.C. 681(c)(2)) is amended--
       (A) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``Within'' and inserting ``Except as 
     provided in subparagraph (C), within''; and
       (B) by adding at the end the following:
       ``(C) Exception for bank-owned, non-leveraged applicants.--
     Notwithstanding subparagraph (B), not later than 45 days 
     after

[[Page S4745]]

     the date on which the Administrator receives a completed 
     application submitted by a bank-owned, non-leveraged 
     applicant in accordance with this subsection and in 
     accordance with such requirements as the Administrator may 
     prescribe by regulation, the Administrator shall--
       ``(i) review the application in its entirety; and
       ``(ii)(I) approve the application and issue a license for 
     such operation to the applicant if the requirements of this 
     section are satisfied; or
       ``(II) disapprove the application and notify the applicant 
     in writing of the disapproval.''.
       (3) Electronic submissions.--Part A of title III of the 
     Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.), as amended by paragraph (1) of this subsection, is 
     amended by adding at the end the following:

     ``SEC. 322. ELECTRONIC SUBMISSIONS.

       ``The Administration shall permit any document submitted 
     under this title, or pursuant to a regulation carrying out 
     this title, to be submitted electronically, including by 
     permitting an electronic signature for any signature that is 
     required on such a document.''.
       (w) Commitment Authority and Appropriations.--
       (1) Commitment authority.--
       (A) CARES act amendments.--Section 1102(b) of the CARES Act 
     (Public Law 116-136) is amended--
       (i) in paragraph (1)--

       (I) in the paragraph heading, by inserting ``and second 
     draw'' after ``PPP'';
       (II) by striking ``August 8, 2020'' and inserting 
     ``December 31, 2020'';
       (III) by striking ``paragraph (36)'' and inserting 
     ``paragraphs (36) and (37)''; and
       (IV) by striking ``$659,000,000,000'' and inserting 
     ``$748,990,000,000''; and

       (ii) by amending paragraph (2) to read as follows:
       ``(B) Other 7(a) loans.--During fiscal year 2020, the 
     amount authorized for commitments for section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) under the heading 
     `Small Business Administration--Business Loans Program 
     Account' in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-193) 
     shall apply with respect to any commitments under such 
     section 7(a) other than under paragraphs (36), (37), and (38) 
     of such section 7(a).''.
       (B) Recovery sector loans.--During the period beginning on 
     the date of enactment of this Act and ending on December 31, 
     2020, the amount authorized for commitments under paragraph 
     (38) of section 7(a) of the Small Business Act (15 U.S.C. 
     636(a)), as added by this section, shall be $100,000,000,000.
       (2) Direct appropriations.--
       (A) Rescission.--With respect to unobligated balances under 
     the heading `` `Small Business Administration--Business Loans 
     Program Account, CARES Act'' as of the day before the date of 
     enactment of this Act, $100,000,000,000 shall be rescinded 
     and deposited into the general fund of the Treasury.
       (B) New direct appropriations.--There is appropriated, out 
     of amounts in the Treasury not otherwise appropriated, for 
     the fiscal year ending September 30, 2020--
       (i) to remain available until September 30, 2021, for 
     additional amounts--

       (I) $189,990,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'' 
     for the cost of guaranteed loans as authorized under 
     paragraph (36) and (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended and added by this section;
       (II) $57,700,000,000 under the heading ``Small Business 
     Administration--Recovery Sector Loans'' for the cost of 
     guaranteed loans as authorized under paragraph (38) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
     added by this section; and
       (III) $10,000,000 under the heading 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; and

       (ii) to remain available until September 30, 2023, 
     $10,000,000,000 under the heading ``Small Business 
     Administration--SBIC'' to carry out part D of title III of 
     the Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.), as added by this section.
       (C) Availability of amounts appropriated for the office of 
     inspector general.--Section 1107(a)(3) of the CARES Act (15 
     U.S.C. 9006(a)(3)) is amended by striking ``September 20, 
     2024'' and inserting ``expended''.
       (x) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     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)).
       (2) Designation in senate.--In the Senate, this section 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.
                                 ______
                                 
  SA 2506. Mr. RUBIO (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS RECOVERY.

       (a) Short Title.--This section may be cited as the 
     ``Continuing Small Business Recovery and Paycheck Protection 
     Program Act''.
       (b) Definitions.--In this section:
       (1) Administration; administrator.--The terms 
     ``Administration'' and ``Administrator'' mean the Small 
     Business Administration and the Administrator thereof, 
     respectively.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (c) Emergency Rulemaking Authority.-- Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator shall issue regulations to carry out this 
     section and the amendments made by this section without 
     regard to the notice requirements under section 553(b) of 
     title 5, United States Code.
       (d) Additional Eligible Expenses.--
       (1) Allowable use of ppp loan.--Section 7(a)(36)(F)(i) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
     amended--
       (A) in subclause (VI), by striking ``and'' at the end;
       (B) in subclause (VII), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:

       ``(VIII) covered operations expenditures, as defined in 
     section 1106(a) of the CARES Act (15 U.S.C. 9005(a));
       ``(IX) covered property damage costs, as defined in such 
     section 1106(a);
       ``(X) covered supplier costs, as defined in such section 
     1106(a); and
       ``(XI) covered worker protection expenditures, as defined 
     in such section 1106(a).''.

       (2) Loan forgiveness.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (10), (11), and (12), respectively;
       (ii) by redesignating paragraph (5) as paragraph (8);
       (iii) by redesignating paragraph (4) as paragraph (6);
       (iv) by redesignating paragraph (3) as paragraph (4);
       (v) by inserting after paragraph (2) the following:
       ``(3) the term `covered operations expenditure' means a 
     payment for any business software or cloud computing service 
     that facilitates business operations, product or service 
     delivery, the processing, payment, or tracking of payroll 
     expenses, human resources, sales and billing functions, or 
     accounting or tracking of supplies, inventory, records and 
     expenses;'';
       (vi) by inserting after paragraph (4), as so redesignated, 
     the following:
       ``(5) the term `covered property damage cost' means a cost 
     related to property damage and vandalism or looting due to 
     public disturbances that occurred during 2020 that was not 
     covered by insurance or other compensation;'';
       (vii) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(5) the term `covered supplier cost' means an expenditure 
     made by an entity to a supplier of goods pursuant to a 
     contract in effect before February 15, 2020 for the supply of 
     goods that are essential to the operations of the entity at 
     the time at which the expenditure is made;'';
       (viii) by inserting after paragraph (8), as so 
     redesignated, the following:
       ``(9) the term `covered worker protection expenditure'--
       ``(A) means an operating or a capital expenditure that is 
     required to facilitate the adaptation of the business 
     activities of an entity to comply with requirements 
     established or guidance issued by the Department of Health 
     and Human Services, the Centers for Disease Control, or the 
     Occupational Safety and Health Administration during the 
     period beginning on March 1, 2020 and ending December 31, 
     2020 related to the maintenance of standards for sanitation, 
     social distancing, or any other worker or customer safety 
     requirement related to COVID-19;
       ``(B) may include--
       ``(i) the purchase, maintenance, or renovation of assets 
     that create or expand--

       ``(I) a drive-through window facility;
       ``(II) an indoor, outdoor, or combined air or air pressure 
     ventilation or filtration system;
       ``(III) a physical barrier such as a sneeze guard;
       ``(IV) an indoor, outdoor, or combined commercial real 
     property;
       ``(V) an onsite or offsite health screening capability; or
       ``(VI) other assets relating to the compliance with the 
     requirements or guidance described in subparagraph (A), as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(ii) the purchase of--

       ``(I) covered materials described in section 328.103(a) of 
     title 44, Code of Federal Regulations, or any successor 
     regulation;
       ``(II) particulate filtering facepiece respirators approved 
     by the National Institute for Occupational Safety and Health, 
     including those approved only for emergency use 
     authorization; or

[[Page S4746]]

       ``(III) other kinds of personal protective equipment, as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(C) does not include residential real property or 
     intangible property;''; and
       (ix) in paragraph (11), as so redesignated--

       (I) in subparagraph (C), by striking ``and'' at the end;
       (II) in subparagraph (D), by striking ``and'' at the end; 
     and
       (III) by adding at the end the following:

       ``(E) covered operations expenditures;
       ``(F) covered property damage costs;
       ``(G) covered supplier costs; and
       ``(H) covered worker protection expenditures; and'';
       (B) in subsection (b), by adding at the end the following:
       ``(5) Any covered operations expenditure.
       ``(6) Any covered property damage cost.
       ``(7) Any covered supplier cost.
       ``(8) Any covered worker protection expenditure.'';
       (C) in subsection (d)(8), by inserting ``any payment on any 
     covered operations expenditure, any payment on any covered 
     property damage cost, any payment on any covered supplier 
     cost, any payment on any covered worker protection 
     expenditure,'' after ``rent obligation,''; and
       (D) in subsection (e)--
       (i) in paragraph (2), by inserting ``payments on covered 
     operations expenditures, payments on covered property damage 
     costs, payments on covered supplier costs, payments on 
     covered worker protection expenditures,'' after ``lease 
     obligations,''; and
       (ii) in paragraph (3)(B), by inserting ``make payments on 
     covered operations expenditures, make payments on covered 
     property damage costs, make payments on covered supplier 
     costs, make payments on covered worker protection 
     expenditures,'' after ``rent obligation,''.
       (e) Lender Safe Harbor.--Subsection (h) of section 1106 of 
     the CARES Act (15 U.S.C. 9005) is amended to read as follows:
       ``(h) Hold Harmless.--
       ``(1) In general.--A lender may rely on any certification 
     or documentation submitted by an applicant for a covered loan 
     or an eligible recipient of a covered loan that--
       ``(A) is submitted pursuant to any statutory requirement 
     relating to covered loans or any rule or guidance issued to 
     carry out any action relating to covered loans; and
       ``(B) attests that the applicant or eligible recipient, as 
     applicable, has accurately verified any certification or 
     documentation provided to the lender.
       ``(2) No enforcement action.--With respect to a lender that 
     relies on a certification or documentation described in 
     paragraph (1)--
       ``(A) an enforcement action may not be taken against the 
     lender acting in good faith relating to origination or 
     forgiveness of a covered loan based on such reliance; and
       ``(B) the lender acting in good faith shall not be subject 
     to any penalties relating to origination or forgiveness of a 
     covered loan based on such reliance.''.
       (f) Selection of Covered Period for Forgiveness.--Section 
     1106 of the CARES Act (15 U.S.C. 9005) is amended--
       (1) by amending paragraph (4) of subsection (a), as so 
     redesignated by subsection (d) of this section, to read as 
     follows:
       ``(4) the term `covered period' means the period--
       ``(A) beginning on the date of the origination of a covered 
     loan; and
       ``(B) ending on a date selected by the eligible recipient 
     of the covered loan that occurs during the period--
       ``(i) beginning on the date that is 8 weeks after such date 
     of origination; and
       ``(ii) ending on December 31, 2020;''; and
       (2) by striking subsection (l).
       (g) Simplified Application.--Section 1106 of the CARES Act 
     (15 U.S.C. 9005), as amended by subsection (f) of this 
     section, is amended--
       (1) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``An eligible'' and inserting ``Except as 
     provided in subsection (l), an eligible'';
       (2) in subsection (f), by inserting ``or the information 
     required under subsection (l), as applicable'' after 
     ``subsection (e)''; and
       (3) by adding at the end the following:
       ``(l) Simplified Application.--
       ``(1) Covered loans under $150,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is not more than $150,000, the covered loan amount shall be 
     forgiven under this section if the eligible recipient--
       ``(i) signs and submits to the lender an attestation that 
     the eligible recipient made a good faith effort to comply 
     with the requirements under section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)); and
       ``(ii) for the 1-year period following submission of the 
     attestation under clause (i), retains records relevant to the 
     attestation that prove compliance with those requirements.
       ``(B) Demographic information.--An eligible recipient of a 
     covered loan described in subparagraph (A) may complete and 
     submit any form related to borrower demographic information.
       ``(C) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(2) Covered loans between $150,000 and $2,000,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is more than $150,000 and not more than $2,000,000--
       ``(i) the eligible recipient seeking loan forgiveness under 
     this section--

       ``(I) is not required to submit the supporting 
     documentation described in paragraph (1) or (2) of subsection 
     (e) or the certification described in subsection (e)(3)(A);
       ``(II) shall retain all relevant schedules, worksheets, and 
     supporting documentation for the 3-year period following 
     submission of the application for loan forgiveness; and
       ``(III) may complete and submit any form related to 
     borrower demographic information;

       ``(ii) review by the lender of an application submitted by 
     the eligible recipient for loan forgiveness under this 
     section shall be limited to whether the lender received a 
     complete application, with all fields completed, initialed, 
     or signed, as applicable; and
       ``(iii) the lender shall--

       ``(I) accept the application submitted by the eligible 
     recipient for loan forgiveness under this section; and
       ``(II) submit the application to the Administrator.

       ``(B) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(3) Audit plan.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of the Continuing Small Business Recovery and 
     Paycheck Protection Program Act, 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 an audit plan that 
     details--
       ``(i) the policies and procedures of the Administrator for 
     conducting reviews and audits of covered loans; and
       ``(ii) the metrics that the Administrator shall use to 
     determine which covered loans will be audited for each 
     category of covered loans described in paragraphs (1) and 
     (2).
       ``(B) Reports.--Not later than 30 days after the date on 
     which the Administrator submits the audit plan required under 
     subparagraph (A), and each month 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 on the 
     review and audit activities of the Administrator under this 
     subsection, which shall include--
       ``(i) the number of active reviews and audits;
       ``(ii) the number of reviews and audits that have been 
     ongoing for more than 60 days; and
       ``(iii) any substantial changes made to the audit plan 
     submitted under subparagraph (A).''.
       (h) Group Insurance Payments as Payroll Costs.--Section 
     7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by 
     inserting ``and other group insurance'' before ``benefits''.
       (i) Paycheck Protection Program Second Draw Loans.--Section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended 
     by adding at the end the following:
       ``(37) Paycheck protection program second draw loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `community financial institutions', `credit 
     union', `eligible self-employed individual', `insured 
     depository institution', `nonprofit organization', `payroll 
     costs', `seasonal employer', and `veterans organization' have 
     the meanings given those terms in paragraph (36), except that 
     `eligible entity' shall be substituted for `eligible 
     recipient' each place it appears in the definitions of those 
     terms;
       ``(ii) the term `covered loan' means a loan made under this 
     paragraph;
       ``(iii) the terms `covered mortgage obligation', `covered 
     operating expenditure', `covered property damage cost', 
     `covered rent obligation', `covered supplier cost', `covered 
     utility payment', and `covered worker protection expenditure' 
     have the meanings given those terms in section 1106(a) of the 
     CARES Act (15 U.S.C. 9005(a));
       ``(iv) the term `covered period' means the period beginning 
     on the date of the origination of a covered loan and ending 
     on December 31, 2020;
       ``(v) the term `eligible entity'--

       ``(I) means any business concern, nonprofit organization, 
     veterans organization, Tribal business concern, eligible 
     self-employed individual, sole proprietor, independent 
     contractor, or small agricultural cooperative that--

[[Page S4747]]

       ``(aa)(AA) with respect to a business concern, would 
     qualify as a small business concern by the annual receipts 
     size standard (if applicable) established by section 121.201 
     of title 13, Code of Federal Regulations, or any successor 
     regulation; or
       ``(BB) if the entity does not qualify as a small business 
     concern, meets the alternative size standard established 
     under section 3(a)(5);
       ``(bb) employs not more than 300 employees; and
       ``(cc)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first or second quarter 
     in 2020 that are not less than 35 percent less than the gross 
     receipts of the entity during the same quarter in 2019;
       ``(BB) if the entity was not in business during the first 
     or second quarter of 2019, but was in business during the 
     third and fourth quarter of 2019, had gross receipts during 
     the first or second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the third or fourth quarter of 2019;
       ``(CC) if the entity was not in business during the first, 
     second, or third quarter of 2019, but was in business during 
     the fourth quarter of 2019, had gross receipts during the 
     first or second quarter of 2020 that are less than 35 percent 
     of the amount of the gross receipts of the entity during the 
     fourth quarter of 2019; or
       ``(DD) if the entity was not in business during 2019, but 
     was in operation on February 15, 2020, had gross receipts 
     during the second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the first quarter of 2020;

       ``(II) includes an organization described in subparagraph 
     (D)(vii) of paragraph (36) that is eligible to receive a loan 
     under that paragraph and that meets the requirements 
     described in items (aa) and (cc) of subclause (I); and
       ``(III) does not include--

       ``(aa) an issuer, the securities of which are listed on an 
     exchange registered a national securities exchange under 
     section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f);
       ``(bb) any entity that--
       ``(AA) is a type of business concern described in 
     subsection (b), (c), (d), (e), (f), (h), (l) (m), (p), (q), 
     (r), or (s) of section 120.110 of title 13, Code of Federal 
     Regulations, or any successor regulation;
       ``(BB) is a type of business concern described in section 
     120.110(g) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Criteria and Requirements for Certain 
     Pledges of Loans' (85 Fed. Reg. 21747 (April 20, 2020));
       ``(CC) is a type of business concern described in section 
     120.110(i) of title 13, Code of Federal Regulations, or any 
     successor regulation, except if the business concern is an 
     organization described in paragraph (36)(D)(vii);
       ``(DD) is a type of business concern described in section 
     120.110(j) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rules of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Eligibility of Certain Electric Cooperatives' (85 Fed. Reg. 
     29847 (May 19, 2020)) and `Business Loan Program Temporary 
     Changes; Paycheck Protection Program--Eligibility of Certain 
     Telephone Cooperatives' (85 Fed. Reg. 35550 (June 11, 2020)) 
     or any other guidance or rule issued or that may be issued by 
     the Administrator;
       ``(EE) is a type of business concern described in section 
     120.110(n) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Revisions to First Interim Final Rule' 
     (85 Fed. Reg. 38301 (June 26, 2020)) or any other guidance or 
     rule issued or that may be issued by the Administrator;
       ``(FF) is a type of business concern described in section 
     120.110(o) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in any 
     guidance or rule issued or that may be issued by the 
     Administrator; or
       ``(GG) is an entity that is organized for research or for 
     engaging in advocacy in areas such as public policy or 
     political strategy or otherwise describes itself as a think 
     tank in any public documents;
       ``(HH) is an entity that would be described in the 
     subsections listed in subitems (AA) through (GG) if the 
     entity were a business concern; or
       ``(II) is assigned, or was approved for a loan under 
     paragraph (36) with, a North American Industry Classification 
     System code beginning with 52;
       ``(cc) any business concern or entity primarily engaged in 
     political or lobbying activities, which shall include any 
     entity that is organized for research or for engaging in 
     advocacy in areas such as public policy or political strategy 
     or otherwise describes itself as a think tank in any public 
     documents; or
       ``(dd) any business concern or entity--
       ``(AA) for which an entity created in or organized under 
     the laws of the People's Republic of China or the Special 
     Administrative Region of Hong Kong, or that has significant 
     operations in the People's Republic of China or the Special 
     Administrative Region of Hong Kong, owns or holds, directly 
     or indirectly, not less than 20 percent of the economic 
     interest of the business concern or entity, including as 
     equity shares or a capital or profit interest in a limited 
     liability company or partnership; or
       ``(BB) that retains, as a member of the board of directors 
     of the business concern, a person who is a resident of the 
     People's Republic of China;
       ``(vi) the terms `exchange', `issuer', and `security' have 
     the meanings given those terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
       ``(vii) the term `Tribal business concern' means a Tribal 
     business concern described in section 31(b)(2)(C).
       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans to 
     eligible entities under the same terms, conditions, and 
     processes as a loan made under paragraph (36).
       ``(C) Maximum loan amount.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the maximum amount of a covered loan made to an 
     eligible entity is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payment for payroll costs incurred or paid by 
     the eligible entity during--
       ``(AA) the 1-year period before the date on which the loan 
     is made; or
       ``(BB) calendar year 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(ii) Seasonal employers.--The maximum amount of a covered 
     loan made to an eligible entity that is a seasonal employer 
     is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payments for payroll costs incurred or paid by 
     the eligible entity--
       ``(AA) for a 12-week period beginning February 15, 2019 or 
     March 1, 2019 and ending June 30, 2019; or
       ``(BB) for a consecutive 12-week period between May 1, 2019 
     and September 15, 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iii) New entities.--The maximum amount of a covered loan 
     made to an eligible entity that did not exist during the 1-
     year period preceding February 15, 2020 is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) the quotient obtained by dividing--
       ``(AA) the sum of the total monthly payments by the 
     eligible entity for payroll costs paid or incurred by the 
     eligible entity as of the date on which the eligible entity 
     applies for the covered loan; by
       ``(BB) the number of months in which those payroll costs 
     were paid or incurred; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iv) Limit for multiple locations.--With respect to an 
     eligible entity with more than 1 physical location, the total 
     amount of all covered loans shall be not more than 
     $2,000,000.
       ``(v) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(vi) 90 day rule for maximum loan amount.--The maximum 
     aggregate loan amount of loans guaranteed under this 
     subsection that are approved for an eligible entity 
     (including any affiliates) within 90 days of approval of 
     another loan under this subsection for the eligible entity 
     (including any affiliates) shall not exceed $10,000,000.
       ``(D) Exception from certain certification requirements.--
     An eligible entity applying for a covered loan shall not be 
     required to make the certification described in subclause 
     (III) or (IV) of paragraph (36)(G)(i).
       ``(E) Fee waiver.--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.
       ``(F) Eligible churches and religious organizations.--
       ``(i) Sense of congress.--It is the sense of Congress that 
     the interim final rule of the Administration entitled 
     `Business Loan Program Temporary Changes; Paycheck Protection 
     Program' (85 Fed. Reg. 20817 (April 15, 2020)) properly 
     clarified the eligibility of churches and religious 
     organizations for loans made under paragraph (36).
       ``(ii) Applicability of prohibition.--The prohibition on 
     eligibility established by section 120.110(k) of title 13, 
     Code of Federal Regulations, or any successor regulation, 
     shall not apply to a covered loan.
       ``(G) Gross receipts for nonprofit and veterans 
     organizations.--For purposes of calculating gross receipts 
     under subparagraph (A)(v)(I)(cc) for an eligible entity that 
     is a nonprofit organization, a veterans organization, or an 
     organization described in subparagraph (A)(v)(II), gross 
     receipts--
       ``(i) shall include proceeds from fundraising events, 
     federated campaigns, gifts, donor-advised funds, and funds 
     from similar sources; and
       ``(ii) shall not include--

       ``(I) Federal grants (excluding any loan forgiveness on 
     loans received under paragraph (36) or this paragraph);
       ``(II) revenues from a supporting organization;

[[Page S4748]]

       ``(III) grants from private foundations that are disbursed 
     over the course of more than 1 calendar year; or
       ``(IV) any contribution of property other than money, 
     stocks, bonds, and other securities, provided that the non-
     cash contribution is not sold by the organization in a 
     transaction unrelated to the tax-exempt purpose of the 
     organization.

       ``(H) Loan forgiveness.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, an eligible entity shall be eligible for 
     forgiveness of indebtedness on a covered loan in the same 
     manner as an eligible recipient with respect to a loan made 
     under paragraph (36), as described in section 1106 of the 
     CARES Act (15 U.S.C. 9005).
       ``(ii) Forgiveness amount.--An eligible entity shall be 
     eligible for forgiveness of indebtedness on a covered loan in 
     an amount equal to the sum of the following costs incurred or 
     expenditures made during the covered period:

       ``(I) Payroll costs.
       ``(II) 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).
       ``(III) Any covered operations expenditure.
       ``(IV) Any covered property damage cost.
       ``(V) Any payment on any covered rent obligation.
       ``(VI) Any covered utility payment.
       ``(VII) Any covered supplier cost.
       ``(VIII) Any covered worker protection expenditure.

       ``(iii) Limitation on forgiveness for all eligible 
     entities.--The forgiveness amount under this subparagraph 
     shall be equal to the lesser of--

       ``(I) the amount described in clause (ii); and
       ``(II) the amount equal to the quotient obtained by 
     dividing--

       ``(aa) the amount of the covered loan used for payroll 
     costs during the covered period; and
       ``(bb) 0.60.
       ``(I) Lender eligibility.--Except as otherwise provided in 
     this paragraph, a lender approved to make loans under 
     paragraph (36) may make covered loans under the same terms 
     and conditions as in paragraph (36).
       ``(J) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan in an amount that is--
       ``(i) 3 percent of the principal amount of the financing of 
     the covered loan up to $350,000; and
       ``(ii) 1 percent of the principal amount of the financing 
     of the covered loan above $350,000, if applicable.
       ``(K) Set aside for small entities.--Not less than 
     $25,000,000,000 of the total amount of covered loans 
     guaranteed by the Administrator shall be made to eligible 
     entities with not more than 10 employees as of February 15, 
     2020.
       ``(L) Set aside for community financial institutions, small 
     insured depository institutions, credit unions, and farm 
     credit system institutions.--Not less than $10,000,000,000 of 
     the total amount of covered loans guaranteed by the 
     Administrator shall be made by--
       ``(i) community financial institutions;
       ``(ii) insured depository institutions with consolidated 
     assets of less than $10,000,000,000;
       ``(iii) credit unions with consolidated assets of less than 
     $10,000,000,000; and
       ``(iv) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000 (not 
     including the Federal Agricultural Mortgage Corporation).
       ``(M) Publication of guidance.--Not later than 10 days 
     after the date of enactment of this paragraph, the 
     Administrator shall issue guidance addressing barriers to 
     accessing capital for minority, underserved, veteran, and 
     women-owned business concerns for the purpose of ensuring 
     equitable access to covered loans.
       ``(N) Standard operating procedure.--The Administrator 
     shall, to the maximum extent practicable, allow a lender 
     approved to make covered loans to use existing program 
     guidance and standard operating procedures for loans made 
     under this subsection.
       ``(O) Prohibition on use of proceeds for lobbying 
     activities.--None of the proceeds of a covered loan may be 
     used for--
       ``(i) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(ii) lobbying expenditures related to a State or local 
     election; or
       ``(iii) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.
       (j) Continued Access to the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36)(E)(ii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(E)(ii)) is amended by 
     striking ``$10,000,000'' and inserting ``$2,000,000''.
       (2) Applicability of maximum loan amount calculation.--
       (A) Definitions.--In this paragraph, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (B) Applicability.--The amendment made by paragraph (1) 
     shall apply only with respect to a covered loan applied for 
     by an eligible recipient on or after the date of enactment of 
     this Act.
       (k) Increased Ability for Paycheck Protection Program 
     Borrowers to Request an Increase in Loan Amount Due to 
     Updated Regulations.--
       (1) Definitions.--In this subsection, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (2) Increased amount.--Notwithstanding the interim final 
     rule issued by the Administration entitled ``Business Loan 
     Program Temporary Changes; Paycheck Protection Program--Loan 
     Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
     recipient of a covered loan that is eligible for an increased 
     covered loan amount as a result of any interim final rule 
     that allows for covered loan increases may submit a request 
     for an increase in the covered loan amount even if--
       (A) the initial covered loan amount has been fully 
     disbursed; or
       (B) the lender of the initial covered loan has submitted to 
     the Administration a Form 1502 report related to the covered 
     loan.
       (l) Calculation of Maximum Loan Amount for Farmers and 
     Ranchers Under the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by subsection (j) of this 
     section, is amended--
       (A) in subparagraph (E), in the matter preceding clause 
     (i), by striking ``During'' and inserting ``Except as 
     provided in subparagraph (T), during''; and
       (B) by adding at the end the following:
       ``(T) Calculation of maximum loan amount for farmers and 
     ranchers.--
       ``(i) Definition.--In this subparagraph, the term `covered 
     recipient' means an eligible recipient that--

       ``(I) operates as a sole proprietorship or as an 
     independent contractor, or is an eligible self-employed 
     individual;
       ``(II) reports farm income or expenses on a Schedule F (or 
     any equivalent successor schedule); and
       ``(III) was in business during the period beginning on 
     February 15, 2019 and ending on June 30, 2019.

       ``(ii) No employees.--With respect to covered recipient 
     without employees, the maximum covered loan amount shall be 
     the lesser of--

       ``(I) the sum of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the gross income of the covered recipient in 2019, 
     as reported on a Schedule F (or any equivalent successor 
     schedule), that is not more than $100,000, divided by 12; and
       ``(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 April 3, 2020 that the borrower 
     intends to refinance under the covered loan, not including 
     any amount of any advance under the loan that is not required 
     to be repaid; or

       ``(II) $2,000,000.

       ``(iii) With employees.--With respect to a covered 
     recipient with employees, the maximum covered loan amount 
     shall be calculated using the formula described in 
     subparagraph (E), except that the gross income of the covered 
     recipient described in clause (ii)(I)(aa)(AA) of this 
     subparagraph, as divided by 12, shall be added to the sum 
     calculated under subparagraph (E)(i)(I).
       ``(iv) Recalculation.--A lender that made a covered loan to 
     a covered recipient before the date of enactment of this 
     subparagraph may, at the request of the covered recipient--

       ``(I) recalculate the maximum loan amount applicable to 
     that covered loan based on the formula described in clause 
     (ii) or (iii), as applicable, if doing so would result in a 
     larger covered loan amount; and
       ``(II) provide the covered recipient with additional 
     covered loan amounts based on that recalculation.''.

       (m) Farm Credit System Institutions.--
       (1) Definition of farm credit system institution.--In this 
     subsection, the term ``Farm Credit System institution''--
       (A) means an institution of the Farm Credit System 
     chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 
     et seq.); and
       (B) does not include the Federal Agricultural Mortgage 
     Corporation.
       (2) Facilitation of participation in ppp and second draw 
     loans.--
       (A) Applicable rules.--Solely with respect to loans under 
     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), Farm Credit Administration 
     regulations and guidance issued as of July 14, 2020, and 
     compliance with such regulations and guidance, shall be 
     deemed functionally equivalent to requirements referenced in 
     section 3(a)(iii)(II) of the interim final rule of the 
     Administration entitled ``Business Loan Program Temporary 
     Changes; Paycheck Protection Program'' (85 Fed. Reg. 20811 
     (April 15, 2020)) or any similar requirement referenced in 
     that interim final rule in implementing such paragraph (37).
       (B) Applicability of certain loan requirements.--For 
     purposes of making loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or

[[Page S4749]]

     forgiving those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm 
     Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including 
     regulations issued under those sections) shall not apply.
       (C) Risk weight.--
       (i) In general.--With respect to the application of Farm 
     Credit Administration capital requirements, a loan described 
     in clause (ii)--

       (I) shall receive a risk weight of zero percent; and
       (II) shall not be included in the calculation of any 
     applicable leverage ratio or other applicable capital ratio 
     or calculation.

       (ii) Loans described.--A loan referred to in clause (i) 
     is--

       (I) a loan made by a Farm Credit Bank described in section 
     1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to 
     a Federal Land Bank Association, a Production Credit 
     Association, or an agricultural credit association described 
     in that section to make loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgive those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37); or
       (II) a loan made by a Federal Land Bank Association, a 
     Production Credit Association, an agricultural credit 
     association, or the bank for cooperatives described in 
     section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 
     2002(a)) under paragraph (36) or (37) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)).

       (D) Reservation of loan guarantees.--Section 7(a)(36)(S) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(S)) is amended--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end;
       (II) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(III) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of not less than $10,000,000,000 and 
     less than $50,000,000,000.''; and

       (ii) in clause (ii)--

       (I) in subclause (II), by striking ``and'' at the end;
       (II) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(IV) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000.''.

       (n) Definition of Seasonal Employer.--
       (1) PPP loans.--Section 7(a)(36)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(A)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) the term `seasonal employer' means an eligible 
     recipient that--

       ``(I) does not operate for more than 7 months in any 
     calendar year; or
       ``(II) during the preceding calendar year, had gross 
     receipts for any 6 months of that year that were not more 
     than 33.33 percent of the gross receipts of the employer for 
     the other 6 months of that year.''.

       (2) Loan forgiveness.--Paragraph (12) of section 1106(a) of 
     the CARES Act (15 U.S.C. 9005(a)), as so redesignated by 
     subsection (d)(2) of this section, is amended to read as 
     follows:
       ``(12) the terms `payroll costs' and `seasonal employer' 
     have the meanings given those terms in section 7(a)(36) of 
     the Small Business Act (15 U.S.C. 636(a)(36)).''.
       (o) Changes to the 7(a) Loan Guaranty Program for Recovery 
     Sector Business Concerns.--Section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended by subsection (i) of this 
     section, is amended by adding at the end the following:
       ``(38) Recovery sector loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered loan' means a loan made under this 
     paragraph;
       ``(ii) the term `covered population census tract' means a 
     population census tract for which--

       ``(I) in the case of a tract that is not located within a 
     metropolitan area, the median income does not exceed 80 
     percent of the statewide (or, with respect to a possession or 
     territory of the United States, the possession- or territory-
     wide) median family income; or
       ``(II) in the case of a tract that is located within a 
     metropolitan area, the median family income does not exceed 
     80 percent of the greater of the statewide (or, with respect 
     to a possession or territory of the United States, the 
     possession- or territory-wide) median family income and the 
     metropolitan area median family income;

       ``(iii) the term `covered seasonal employer' means a small 
     business concern that--

       ``(I) is a seasonal employer, as defined in paragraph (36); 
     and
       ``(II) during the preceding calendar year--

       ``(aa) had gross receipts as described in paragraph 
     (36)(A)(xiii)(II); and
       ``(bb) employed not more than 250 employees during not 
     fewer than 5 months out of that year;
       ``(iv) the term `eligible entity'--

       ``(I) means any small business concern that--

       ``(aa) except with respect to a covered seasonal employer, 
     employs not more than 500 employees;
       ``(bb)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first or second quarter 
     in 2020 that are less than 50 percent of the gross receipts 
     of the business concern during the same quarter in 2019;
       ``(BB) if the small business concern was not in business 
     during the first or second quarter of 2019, but was in 
     business during the third and fourth quarter of 2019, had 
     gross receipts during the first or second quarter of 2020 
     that are less than 50 percent of the amount of the gross 
     receipts of the small business concern during the third or 
     fourth quarter of 2019;
       ``(CC) if the small business concern was not in business 
     during the first, second, or third quarter of 2019, but was 
     in business during the fourth quarter of 2019, had gross 
     receipts during the first or second quarter of 2020 that are 
     less than 50 percent of the amount of the gross receipts of 
     the small business concern during the fourth quarter of 2019; 
     or
       ``(DD) if the small business concern was not in business 
     during the first or second quarter of 2020, had gross 
     receipts during any 2-month period during 2020 that are less 
     than 50 percent of the amount of the gross receipts of the 
     small business concern during any other 2-month period during 
     2020; and
       ``(cc)(AA) is a covered seasonal employer seeking a covered 
     loan of not more than $2,000,000; or
       ``(BB) is a small business concern the principal place of 
     business of which is in, and not less than 50 percent of the 
     total gross income of which is derived from the active 
     conduct of the business concern within, a small business low-
     income census tract; and

       ``(II) does not include--

       ``(aa) an entity described in paragraph (37)(A)(v)(II);
       ``(bb) any entity that received a loan under paragraph 
     (37); or
       ``(cc) any entity that received a loan under paragraph (36) 
     after the date of enactment of this paragraph; and
       ``(v) the term `small business low-income census tract'--

       ``(I) means--

       ``(aa) a covered population census tract for which the 
     poverty rate is not less than 20 percent; or
       ``(bb) an area--
       ``(AA) that is not tracted as a population census tract;
       ``(BB) for which the poverty rate in the equivalent county 
     division (as defined by the Bureau of the Census) is not less 
     than 20 percent; and
       ``(CC) for which the median income in the equivalent county 
     division (as defined by the Bureau of the Census) does not 
     exceed 80 percent of the statewide (or, with respect to a 
     possession or territory of the United States, the possession- 
     or territory-wide) median income; and

       ``(II) does not include any area or population census tract 
     with a median family income that is not less than 120 percent 
     of the median family income in the United States, according 
     to the most recent American Communities Survey data from the 
     Bureau of the Census.

       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans made 
     to eligible entities--
       ``(i) under the same terms, conditions, and processes as a 
     loan made under this subsection; and
       ``(ii) to meet working capital needs, acquire fixed assets, 
     or refinance existing indebtedness while recovering from the 
     COVID-19 pandemic.
       ``(C) Maximum loan amount.--The maximum amount of a covered 
     loan made to an eligible entity shall be the lesser of--
       ``(i) $10,000,000; or
       ``(ii) the amount equal to 200 percent of the average 
     annual receipts of the eligible entity.
       ``(D) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(E) 90 day rule for maximum loan amount.--The maximum 
     aggregate loan amount of loans guaranteed under this 
     subsection that are approved for an eligible entity 
     (including any affiliates) within 90 days of approval of 
     another loan under this subsection for the eligible entity 
     (including any affiliates) shall not exceed $10,000,000.
       ``(F) Application deadline.--An eligible entity desiring a 
     covered loan shall submit an application not later than 
     December 31, 2020.
       ``(G) Fee waiver.--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.
       ``(H) Loan terms.--
       ``(i) In general.--In order to receive a covered loan, an 
     eligible entity shall not be required to show that the 
     eligible entity is unable to obtain credit elsewhere.
       ``(ii) Maturity and interest rate.--A covered loan shall--

       ``(I) have a maturity of 20 years; and
       ``(II) bear an interest rate of equal to the sum of--

       ``(aa) the Secured Overnight Financing Rate in effect for 
     each of the days in the relevant quarter that interest is 
     charged, as compiled and released by the Federal Reserve Bank 
     of New York; and
       ``(bb) 300 basis points.

[[Page S4750]]

       ``(iii) Guarantee.--In an agreement to participate in a 
     covered loan on a deferred basis, the participation by the 
     Administration shall be 100 percent of the covered loan.
       ``(iv) Subsidy for interest payments.--

       ``(I) In general.--The Administrator shall pay the amount 
     of interest that is owed on a covered loan in regular 
     servicing status for the maturity of the loan such that the 
     interest rate paid by the eligible entity is, at all times, 
     equal to a rate of 1 percent.
       ``(II) Timing of payment.--The Administrator shall--

       ``(aa) begin making payments under subclause (I) not later 
     than 30 days after the date on which the first such payment 
     is due; and
       ``(bb) make payments without regard to the payment deferral 
     described in clause (iv).

       ``(III) Application of payment.--Any payment made by the 
     Administrator under subclause (I) shall be applied to the 
     covered loan such that the eligible entity is relieved of the 
     obligation to pay that amount.

       ``(v) Payment deferral.--

       ``(I) In general.--No payment of principal or interest 
     shall be due on a covered loan for the first 2 years of the 
     covered loan.
       ``(II) Additional deferral.--After the 2-year deferral 
     period under subclause (I), the Administrator may grant not 
     more than an additional 2 years of principal deferral to the 
     eligible entity if the eligible entity is certified by the 
     Administrator and the Secretary as economically distressed 
     based on publicly available criteria established by the 
     Administrator.

       ``(vi) Limitation on changes in terms.--Notwithstanding any 
     other provision of this subsection, for a covered loan, the 
     Administrator shall not approve any increase in loan amount 
     or change in guaranty percentage, interest rate, interest 
     accrual method, or maturity, except for such changes as may 
     be necessary for prepayment and the deferment of payment 
     under clause (v).
       ``(I) Prohibition on use of proceeds for disaster loans.--
     An eligible entity shall not use the proceeds of a covered 
     loan to refinance any loan made under subsection (b).
       ``(J) Secondary market.--In order to increase the liquidity 
     of the secondary market for covered loans, the Administrator 
     shall, not later than 60 days after the date of enactment of 
     this paragraph, substantially reduce barriers to the sale of 
     covered loans on the secondary market.
       ``(K) Lender eligibility.--In order to increase access to 
     and the equitable distribution of covered loans, the 
     Administrator shall establish a process by which a lender 
     approved to make loans under paragraph (36) may make covered 
     loans.
       ``(L) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan in an amount that is--
       ``(i) 3 percent of the principal amount of the financing of 
     the covered loan up to $350,000; and
       ``(ii) 1 percent of the principal amount of the financing 
     of the covered loan above $350,000, if applicable.
       ``(M) Standard operating procedure.--The Administrator 
     shall, to the maximum extent practicable, allow a lender 
     approved to make covered loans to use existing program 
     guidance and standard operating procedures for loans made 
     under this subsection.''.
       (p) Eligibility of 501(c)(6) Organizations for Loans Under 
     the Paycheck Protection Program.--Section 7(a)(36)(D) of the 
     Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended--
       (1) in clause (v), by inserting ``or whether an 
     organization described in clause (vii) employs not more than 
     150 employees,'' after ``clause (i)(I),'';
       (2) in clause (vi), by inserting ``, an organization 
     described in clause (vii),'' after ``nonprofit 
     organization''; and
       (3) by adding at the end the following:
       ``(vii) Eligibility for certain 501(c)(6) organizations.--

       ``(I) In general.--Except as provided in subclause (II), 
     any organization that is described in section 501(c)(6) of 
     the Internal Revenue Code and that is exempt from taxation 
     under section 501(a) of such Code (excluding professional 
     sports leagues and organizations with the purpose of 
     promoting or participating in a political campaign or other 
     activity) shall be eligible to receive a covered loan if--

       ``(aa) the organization does not receive more than 10 
     percent of its receipts from lobbying activities;
       ``(bb) the lobbying activities of the organization do not 
     comprise more than 10 percent of the total activities of the 
     organization; and
       ``(cc) the organization employs not more than 150 
     employees.

       ``(II) Destination marketing organizations.--
     Notwithstanding subclause (I), during the covered period, any 
     destination marketing organization shall be eligible to 
     receive a covered loan if--

       ``(aa) the destination marketing organization does not 
     receive more than 10 percent of its receipts from lobbying 
     activities;
       ``(bb) the lobbying activities of the destination marketing 
     organization do not comprise more than 10 percent of the 
     total activities of the organization;
       ``(cc) the destination marketing organization employs not 
     more than 150 employees; and
       ``(dd) the destination marketing organization--
       ``(AA) is described in section 501(c) of the Internal 
     Revenue Code and is exempt from taxation under section 501(a) 
     of such Code; or
       ``(BB) is a quasi-governmental entity or is a political 
     subdivision of a State or local government, including any 
     instrumentality of those entities.''.
       (q) Prohibition on Use of Loan Proceeds for Lobbying 
     Activities.--Section 7(a)(36)(F) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(F)) is amended by adding at the end the 
     following:
       ``(vi) Prohibition.--None of the proceeds of a covered loan 
     may be used for--

       ``(I) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(II) lobbying expenditures related to a State or local 
     election; or
       ``(III) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.

       (r) Effective Date; Applicability.--The amendments made to 
     paragraph (36) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) and title I of the CARES Act (Public Law 116-
     136) under this section shall be effective as if included in 
     the CARES Act and shall apply to any loan made pursuant to 
     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)).
       (s) Bankruptcy Provisions.--
       (1) In general.--Section 364 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(g)(1) The court, after notice and a hearing, may 
     authorize a debtor in possession or a trustee that is 
     authorized to operate the business of the debtor under 
     section 1183, 1184, 1203, 1204, or 1304 of this title to 
     obtain a loan under paragraph (36) or (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), and such loan 
     shall be treated as a debt to the extent the loan is not 
     forgiven in accordance with section 1106 of the CARES Act (15 
     U.S.C. 9005) or subparagraph (H) of such paragraph (37), as 
     applicable, with priority equal to a claim of the kind 
     specified in subsection (c)(1) of this section.
       ``(2) The trustee may incur debt described in paragraph (1) 
     notwithstanding any provision in a contract, prior order 
     authorizing the trustee to incur debt under this section, 
     prior order authorizing the trustee to use cash collateral 
     under section 363, or applicable law that prohibits the 
     debtor from incurring additional debt.
       ``(3) The court shall hold a hearing within 7 days after 
     the filing and service of the motion to obtain a loan 
     described in paragraph (1).''.
       (2) Allowance of administrative expenses.--Section 503(b) 
     of title 11, United States Code, is amended--
       (A) in paragraph (8)(B), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) any debt incurred under section 364(g)(1) of this 
     title.''.
       (3) Confirmation of plan for reorganization.--Section 1191 
     of title 11, United States Code, is amended by adding at the 
     end the following:
       ``(f) Special Provision Related to COVID-19 Pandemic.--
     Notwithstanding section 1129(a)(9)(A) of this title and 
     subsection (e) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed under subsection (b) of this 
     section if the plan proposes to make payments on account of 
     such claim when due under the terms of the loan giving rise 
     to such claim.''.
       (4) Confirmation of plan for family farmers and 
     fishermen.--Section 1225 of title 11, United States Code, is 
     amended by adding at the end the following:
       ``(d) Notwithstanding section 1222(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (5) Confirmation of plan for individuals.--Section 1325 of 
     title 11, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notwithstanding section 1322(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (6) Effective date; sunset.--
       (A) Effective date.--The amendments made by paragraphs (1) 
     through (5) shall--
       (i) take effect on the date on which the Administrator 
     submits to the Director of the Executive Office for United 
     States Trustees a written determination that, subject to 
     satisfying any other eligibility requirements, any debtor in 
     possession or trustee that is authorized to operate the 
     business of the debtor under section 1183, 1184, 1203, 1204, 
     or 1304 of title 11, United States Code, would be eligible 
     for a loan under paragraphs (36) and (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)); and
       (ii) apply to any case pending on or commenced on or after 
     the date described in clause (i).
       (B) Sunset.--
       (i) In general.--If the amendments made by this subsection 
     take effect under subparagraph (A), effective on the date 
     that is 2

[[Page S4751]]

     years after the date of enactment of this Act--

       (I) section 364 of title 11, United States Code, is amended 
     by striking subsection (g);
       (II) section 503(b) of title 11, United States Code, is 
     amended--

       (aa) in paragraph (8)(B), by adding ``and'' at the end;
       (bb) in paragraph (9), by striking ``; and'' at the end and 
     inserting a period; and
       (cc) by striking paragraph (10);

       (III) section 1191 of title 11, United States Code, is 
     amended by striking subsection (f);
       (IV) section 1225 of title 11, United States Code, is 
     amended by striking subsection (d); and
       (V) section 1325 of title 11, United States Code, is 
     amended by striking subsection (d).

       (ii) Applicability.--Notwithstanding the amendments made by 
     clause (i) of this subparagraph, if the amendments made by 
     paragraphs (1), (2), (3), (4), and (5) take effect under 
     subparagraph (A) of this paragraph, such amendments shall 
     apply to any case under title 11, United States Code, 
     commenced before the date that is 2 years after the date of 
     enactment of this Act.
       (t) Oversight.--
       (1) Compliance with oversight requirements.--
       (A) In general.--Except as provided in subparagraph (B), on 
     and after the date of enactment of this Act, the 
     Administrator shall comply with any data or information 
     requests or inquiries made by the Comptroller General of the 
     United States not later than 30 days (or such later date as 
     the Comptroller General may specify) after receiving the 
     request or inquiry.
       (B) Exception.--If the Administrator is unable to comply 
     with a request or inquiry described in subparagraph (A) 
     within the 30-day period or, if applicable, later period 
     described in that clause, the Administrator shall, during 
     that 30-day (or later) period, submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     notification that includes a detailed justification for the 
     inability of the Administrator to comply with the request or 
     inquiry.
       (2) Testimony.--Not later than the date that is 30 days 
     after the date of enactment of this Act, and every quarter 
     thereafter until the date that is 2 years after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     the Treasury shall testify before the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives regarding 
     implementation of this section and the amendments made by 
     this section.
       (u) Conflicts of Interest.--
       (1) Definitions.--In this subsection:
       (A) 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.
       (B) Covered entity.--
       (i) Definition.--The term ``covered entity'' means an 
     entity in which a covered individual directly or indirectly 
     holds a controlling interest.
       (ii) Treatment of securities.--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 subparagraph 
     (C)(ii) shall be aggregated.
       (C) Covered individual.--The term ``covered individual'' 
     means--
       (i) the President, the Vice President, the head of an 
     Executive department, or a Member of Congress; and
       (ii) the spouse, child, son-in-law, or daughter-in-law, as 
     determined under applicable common law, of an individual 
     described in clause (i).
       (D) Executive department.--The term ``Executive 
     department'' has the meaning given the term in section 101 of 
     title 5, United States Code.
       (E) 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.
       (F) Equity interest.--The term ``equity interest'' means--
       (i) a share in an entity, without regard to whether the 
     share is--

       (I) transferable; or
       (II) classified as stock or anything similar;

       (ii) a capital or profit interest in a limited liability 
     company or partnership; or
       (iii) a warrant or right, other than a right to convert, to 
     purchase, sell, or subscribe to a share or interest described 
     in clause (i) or (ii), respectively.
       (2) Requirement.--The principal executive officer and the 
     principal financial officer, or individuals performing 
     similar functions, of an entity seeking to enter a 
     transaction made under paragraph (36), (37), or (38) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
     added and amended by this section, shall, before that 
     transaction is approved, disclose to the Administrator 
     whether the entity is a covered entity.
       (3) Applicability.--The requirement under paragraph (2)--
       (A) shall apply with respect to any transaction made under 
     paragraph (36), (37), or (38) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), as added and amended by this 
     section, on or after the date of enactment of this Act; and
       (B) shall not apply with respect to--
       (i) any transaction described in subparagraph (A) that was 
     made before the date of enactment of this Act; or
       (ii) forgiveness under section 1106 of the CARES Act (15 
     U.S.C. 9005) or any other provision of law of any loan 
     associated with any transaction described in subparagraph (A) 
     that was made before the date of enactment of this Act.
       (v) Small Business Investment Company Program.--
       (1) In general.--Part A of title III of the Small Business 
     Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended--
       (A) in section 302(a) (15 U.S.C. 682(a))--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``or'' at the end;
       (II) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (III) by adding at the end the following:

       ``(C) $20,000,000, adjusted every 5 years for inflation, 
     with respect to each licensee authorized or seeking authority 
     to sell bonds to Administration as a participating investment 
     company under section 321.''; and
       (B) by adding at the end the following:

     ``SEC. 321. SMALL BUSINESS AND DOMESTIC PRODUCTION RECOVERY 
                   INVESTMENT FACILITY.

       ``(a) Definitions.--In this section:
       ``(1) Eligible small business concern.--The term `eligible 
     small business concern'--
       ``(A) means a small business concern that--
       ``(i) meets the revenue reduction requirements established 
     by paragraph (37)(A)(v)(I)(cc) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a));
       ``(ii) is a manufacturing business that is assigned a North 
     American Industry Classification System code beginning with 
     31, 32, or 33 at the time at which the small business concern 
     receives an investment from a participating investment 
     company under the facility; or
       ``(iii) is located in a small business low-income census 
     tract; and
       ``(B) does not include an entity described in paragraph 
     (37)(A)(v)(II) of such section 7(a).
       ``(2) Facility.--The term `facility' means the facility 
     established under subsection (b).
       ``(3) Fund.--The term `Fund' means the fund established 
     under subsection (h).
       ``(4) Participating investment company.--The term 
     `participating investment company' means a small business 
     investment company approved under subsection (d) to 
     participate in the facility
       ``(5) Protege investment company.--The term `protege 
     investment company' means a small business investment company 
     that--
       ``(A) is majority managed by new, inexperienced, or 
     otherwise underrepresented fund managers; and
       ``(B) elects and is selected by the Administration to 
     participate in the pathway-protege program under subsection 
     (g).
       ``(6) Small business concern.--The term `small business 
     concern' has the meaning given the term in section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       ``(7) Small business low-income census tract.--The term 
     `small business low-income census tract' has the meaning 
     given the term in section 7(a)(38)(A) of the Small Business 
     Act.
       ``(b) Establishment.--
       ``(1) Facility.--The Administrator shall establish and 
     carry out a facility to improve the recovery of eligible 
     small business concerns from the COVID-19 pandemic, increase 
     resiliency in the manufacturing supply chain of eligible 
     small business concerns, and increase the economic 
     development of small business low-income census tracts by 
     providing financial assistance to participating investment 
     companies that facilitate equity financings to eligible small 
     business concerns in accordance with this section.
       ``(2) Administration of facility.--The facility shall be 
     administered by the Administrator acting through the 
     Associate Administrator described in section 201.
       ``(c) Applications.--
       ``(1) In general.--Any small business investment company 
     may submit to the Administrator an application to participate 
     in the facility.
       ``(2) Requirements for application.--An application to 
     participate in the facility shall include the following:
       ``(A) A business plan describing how the applicant intends 
     to make successful equity investments in eligible small 
     business concerns.
       ``(B) Information regarding the relevant investment 
     qualifications and backgrounds of the individuals responsible 
     for the management of the applicant.
       ``(C) A description of the extent to which the applicant 
     meets the selection criteria under subsection (d)(2).
       ``(3) Exceptions to application for new licensees.--Not 
     later than 90 days after the date of enactment of this 
     section, the Administrator shall reduce requirements for 
     applicants applying to operate as a participating investment 
     company under this section in order to encourage the 
     participation of new small business investment companies in 
     the facility under this section, which may include the 
     requirements established under part 107 of title 13, Code of 
     Federal Regulations, or any successor regulation, relating 
     to--
       ``(A) the approval of initial management expenses;
       ``(B) the management ownership diversity requirement;

[[Page S4752]]

       ``(C) the disclosure of general compensatory practices and 
     fee structures; or
       ``(D) any other requirement that the Administrator 
     determines to be an obstacle to achieving the purposes 
     described in this paragraph.
       ``(d) Selection of Participating Investment Companies.--
       ``(1) Determination.--
       ``(A) In general.--Except as provided in paragraph (3), not 
     later than 60 days after the date on which the Administrator 
     receives an application under subsection (c), the 
     Administrator shall--
       ``(i) make a final determination to approve or disapprove 
     such applicant to participate in the facility; and
       ``(ii) transmit the determination to the applicant in 
     writing.
       ``(B) Commitment amount.--Except as provided in paragraph 
     (3), at the time of approval of an applicant, the 
     Administrator shall make a determination of the amount of the 
     commitment that may be awarded to the applicant under this 
     section.
       ``(2) Selection criteria.--In making a determination under 
     paragraph (1), the Administrator shall consider--
       ``(A) the probability that the investment strategy of the 
     applicant will successfully repay any financial assistance 
     provided by the Administration, including the probability of 
     a return significantly in excess thereof;
       ``(B) the probability that the investments made by the 
     applicant will--
       ``(i) provide capital to eligible small business concerns; 
     or
       ``(ii) create or preserve jobs in the United States;
       ``(C) the probability that the applicant will meet the 
     objectives in the business plan of the applicant, including 
     the financial goals, and, if applicable, the pathway-protege 
     program in accordance with subsection (g); and
       ``(D) the probability that the applicant will assist 
     eligible small business concerns in achieving profitability.
       ``(3) Approval of participating investment companies.--
       ``(A) Provisional approval.--
       ``(i) In general.--Notwithstanding paragraph (1), with 
     respect to an application submitted by an applicant to 
     operate as a participating investment company under this 
     section, the Administrator may provide provisional approval 
     for the applicant in lieu of a final determination of 
     approval and determination of the amount of the commitment 
     under that paragraph.
       ``(ii) Purpose.--The purpose of a provisional approval 
     under clause (i) is to--

       ``(I) encourage applications from investment companies with 
     an investment mandate from the committed private market 
     capital of the investment company that does not conform to 
     the requirements described in this section at the time of 
     application;
       ``(II) allow the applicant to more effectively raise 
     capital commitments in the private markets by referencing the 
     intent of the Administrator to award the applicant a 
     commitment; and
       ``(III) allow the applicant to more precisely request the 
     desired amount of commitment pending the securing of capital 
     from private market investors.

       ``(iii) Limit on period of the time.--The period between a 
     provisional approval under clause (i) and the final 
     determination of approval under paragraph (1) shall not 
     exceed 12 months.
       ``(e) Commitments and SBIC Bonds.--
       ``(1) In general.--The Administrator may, out of amounts 
     available in the Fund, purchase or commit to purchase from a 
     participating investment company 1 or more accruing bonds 
     that include equity features as described in this subsection.
       ``(2) Bond terms.--A bond purchased by the Administrator 
     from a participating investment company under this subsection 
     shall have the following terms and conditions:
       ``(A) Term and interest.--
       ``(i) In general.--The bond shall be issued for a term of 
     not less than 15 years and shall bear interest at a rate 
     determined by the Administrator of not more than 2 percent.
       ``(ii) Accrual of interest.--Interest on the bond shall 
     accrue and shall be payable in accordance with subparagraph 
     (D).
       ``(iii) Prepayment.--The bond shall be prepayable without 
     penalty after the end of the 1-year period beginning on the 
     date on which the bond was purchased.
       ``(B) Profits.--
       ``(i) In general.--The Administration shall be entitled to 
     receive a share of the profits net of any profit sharing 
     performance compensation of the participating investment 
     company equal to the quotient obtained by dividing--

       ``(I) one-third of the commitment that the participating 
     investment company is approved for under subsection (d); by
       ``(II) the commitment approved under subsection (d) plus 
     the regulatory capital of the participating investment 
     company at the time of approval under that subsection.

       ``(ii) Determination of percentage.--The share to which the 
     Administration is entitled under clause (i)--

       ``(I) shall be determined at the time of approval under 
     subsection (d); and
       ``(II) without the approval of the Administration, shall 
     not be revised, including to reflect subsequent distributions 
     of profits, returns of capital, or repayments of bonds, or 
     otherwise.

       ``(C) Profit sharing performance compensation.--
       ``(i) Receipt by administration.--The Administration shall 
     receive a share of profits of not more than 2 percent, which 
     shall be deposited into the Fund and be available to make 
     commitments under this subsection.
       ``(ii) Receipt by managers.--The managers of the 
     participating investment company may receive a maximum profit 
     sharing performance compensation of 25 percent minus the 
     share of profits paid to the Administration under clause (i).
       ``(D) Prohibition on distributions.--No distributions on 
     capital, including profit distributions, shall be made by the 
     participating investment company to the investors or managers 
     of the participating investment company until the 
     Administration has received payment of all accrued interest 
     on the bond committed under this section.
       ``(E) Repayment of principal.--Except as described in 
     subparagraph (F), repayments of principal of the bond of a 
     participating investment company shall be--
       ``(i) made at the same time as returns of private capital; 
     and
       ``(ii) in amounts equal to the pro rata share of the 
     Administration of the total amount being repaid or returned 
     at such time.
       ``(F) Liquidation or default.--Upon any liquidation event 
     or default, as defined by the Administration, any unpaid 
     principal or accrued interest on the bond shall--
       ``(i) have a priority over all equity of the participating 
     investment company; and
       ``(ii) be paid before any return of equity or any other 
     distributions to the investors or managers of the 
     participating investment company.
       ``(3) Amount of commitments and purchases.--
       ``(A) Maximum amount.--The maximum amount of outstanding 
     bonds and commitments to purchase bonds for any participating 
     investment company under the facility shall be the lesser 
     of--
       ``(i) twice the amount of the regulatory capital of the 
     participating investment company; or
       ``(ii) $200,000,000.
       ``(4) Commitment process.--Commitments by the 
     Administration to purchase bonds under the facility shall 
     remain available to be sold by a participating investment 
     company until the end of the fourth fiscal year following the 
     year in which the commitment is made, subject to review and 
     approval by the Administration based on regulatory 
     compliance, financial status, change in management, deviation 
     from business plan, and such other limitations as may be 
     determined by the Administration by regulation or otherwise.
       ``(5) Commitment conditions.--
       ``(A) In general.--As a condition of receiving a commitment 
     under the facility, not less than 50 percent of amounts 
     invested by the participating investment company shall be 
     invested in eligible small business concerns.
       ``(B) Examinations.--In addition to the matters set forth 
     in section 310(c), the Administration shall examine each 
     participating investment company in such detail so as to 
     determine whether the participating investment company has 
     complied with the requirements under this subsection.
       ``(f) Distributions and Fees.--
       ``(1) Distribution requirements.--
       ``(A) Distributions.--As a condition of receiving a 
     commitment under the facility, a participating investment 
     company shall make all distributions to the Administrator in 
     the same form and in a manner as are made to investors, or 
     otherwise at a time and in a manner consistent with 
     regulations or policies of the Administration.
       ``(B) Allocations.--A participating investment company 
     shall make allocations of income, gain, loss, deduction, and 
     credit to the Administrator with respect to any outstanding 
     bonds as if the Administrator were an investor.
       ``(2) Fees.--The Administrator may not charge fees for 
     participating investment companies other than examination 
     fees that are consistent with the license of the 
     participating investment company.
       ``(3) Bifurcation.--Losses on bonds issued by participating 
     investment companies shall not be offset by fees or any other 
     charges on debenture small business investment companies.
       ``(g) Protege Program.--The Administrator shall establish a 
     pathway-protege program in which a protege investment company 
     may receive technical assistance and program support from a 
     participating investment company on a voluntary basis and 
     without penalty for non-participation.
       ``(h) Loss Limiting Fund.--
       ``(1) In general.--There is established in the Treasury a 
     fund for making commitments and purchasing bonds with equity 
     features under the facility and receiving capital returned by 
     participating investment companies.
       ``(2) Use of funds.--Amounts appropriated to the Fund or 
     deposited in the Fund under paragraph (3) shall be available 
     to the Administrator, without further appropriation, for 
     making commitments and purchasing bonds under the facility 
     and expenses and payments, excluding administrative expenses, 
     relating to the operations of the Administrator under the 
     facility.
       ``(3) Depositing of amounts.--
       ``(A) In general.--All amounts received by the 
     Administrator from a participating investment company 
     relating to the facility, including any moneys, property, or 
     assets

[[Page S4753]]

     derived by the Administrator from operations in connection 
     with the facility, shall be deposited in the Fund.
       ``(B) Period of availability.--Amounts deposited under 
     subparagraph (A) shall remain available until expended.
       ``(i) Application of Other Sections.--To the extent not 
     inconsistent with requirements under this section, the 
     Administrator may apply sections 309, 311, 312, 313, and 314 
     to activities under this section and an officer, director, 
     employee, agent, or other participant in a participating 
     investment company shall be subject to the requirements under 
     such sections.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated for the first fiscal year beginning after 
     the date of enactment of this part $10,000,000,000 to carry 
     out the facility. Amounts appropriated pursuant to this 
     subsection shall remain available until the end of the second 
     fiscal year beginning after the date of enactment of this 
     section.''.
       (2) Approval of bank-owned, non-leveraged applicants.--
     Section 301(c)(2) of the Small Business Investment Act of 
     1958 (15 U.S.C. 681(c)(2)) is amended--
       (A) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``Within'' and inserting ``Except as 
     provided in subparagraph (C), within''; and
       (B) by adding at the end the following:
       ``(C) Exception for bank-owned, non-leveraged applicants.--
     Notwithstanding subparagraph (B), not later than 45 days 
     after the date on which the Administrator receives a 
     completed application submitted by a bank-owned, non-
     leveraged applicant in accordance with this subsection and in 
     accordance with such requirements as the Administrator may 
     prescribe by regulation, the Administrator shall--
       ``(i) review the application in its entirety; and
       ``(ii)(I) approve the application and issue a license for 
     such operation to the applicant if the requirements of this 
     section are satisfied; or
       ``(II) disapprove the application and notify the applicant 
     in writing of the disapproval.''.
       (3) Electronic submissions.--Part A of title III of the 
     Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.), as amended by paragraph (1) of this subsection, is 
     amended by adding at the end the following:

     ``SEC. 322. ELECTRONIC SUBMISSIONS.

       ``The Administration shall permit any document submitted 
     under this title, or pursuant to a regulation carrying out 
     this title, to be submitted electronically, including by 
     permitting an electronic signature for any signature that is 
     required on such a document.''.
       (w) Commitment Authority and Appropriations.--
       (1) Commitment authority.--
       (A) CARES act amendments.--Section 1102(b) of the CARES Act 
     (Public Law 116-136) is amended--
       (i) in paragraph (1)--

       (I) in the paragraph heading, by inserting ``and second 
     draw'' after ``PPP'';
       (II) by striking ``August 8, 2020'' and inserting 
     ``December 31, 2020'';
       (III) by striking ``paragraph (36)'' and inserting 
     ``paragraphs (36) and (37)''; and
       (IV) by striking ``$659,000,000,000'' and inserting 
     ``$748,990,000,000''; and

       (ii) by amending paragraph (2) to read as follows:
       ``(B) Other 7(a) loans.--During fiscal year 2020, the 
     amount authorized for commitments for section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) under the heading 
     `Small Business Administration--Business Loans Program 
     Account' in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-193) 
     shall apply with respect to any commitments under such 
     section 7(a) other than under paragraphs (36), (37), and (38) 
     of such section 7(a).''.
       (B) Recovery sector loans.--During the period beginning on 
     the date of enactment of this Act and ending on December 31, 
     2020, the amount authorized for commitments under paragraph 
     (38) of section 7(a) of the Small Business Act (15 U.S.C. 
     636(a)), as added by this section, shall be $100,000,000,000.
       (2) Direct appropriations.--
       (A) Rescission.--With respect to unobligated balances under 
     the heading `` `Small Business Administration--Business Loans 
     Program Account, CARES Act'' as of the day before the date of 
     enactment of this Act, $100,000,000,000 shall be rescinded 
     and deposited into the general fund of the Treasury.
       (B) New direct appropriations.--There is appropriated, out 
     of amounts in the Treasury not otherwise appropriated, for 
     the fiscal year ending September 30, 2020--
       (i) to remain available until September 30, 2021, for 
     additional amounts--

       (I) $189,990,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'' 
     for the cost of guaranteed loans as authorized under 
     paragraph (36) and (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended and added by this section;
       (II) $57,700,000,000 under the heading ``Small Business 
     Administration--Recovery Sector Loans'' for the cost of 
     guaranteed loans as authorized under paragraph (38) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
     added by this section; and
       (III) $10,000,000 under the heading 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; and

       (ii) to remain available until September 30, 2023, 
     $10,000,000,000 under the heading ``Small Business 
     Administration--SBIC'' to carry out part D of title III of 
     the Small Business Investment Act of 1958 (15 U.S.C. 681 et 
     seq.), as added by this section.
       (C) Availability of amounts appropriated for the office of 
     inspector general.--Section 1107(a)(3) of the CARES Act (15 
     U.S.C. 9006(a)(3)) is amended by striking ``September 20, 
     2024'' and inserting ``expended''.
       (x) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     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)).
       (2) Designation in senate.--In the Senate, this section 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.
                                 ______
                                 
  SA 2507. Mr. RUBIO (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the end of the amendment, add the following:

     SEC. 3. SMALL BUSINESS RECOVERY.

       (a) Short Title.--This section may be cited as the 
     ``Continuing the Paycheck Protection Program Act''.
       (b) Definitions.--In this section:
       (1) Administration; administrator.--The terms 
     ``Administration'' and ``Administrator'' mean the Small 
     Business Administration and the Administrator thereof, 
     respectively.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (c) Emergency Rulemaking Authority.-- Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator shall issue regulations to carry out this 
     section and the amendments made by this section without 
     regard to the notice requirements under section 553(b) of 
     title 5, United States Code.
       (d) Additional Eligible Expenses.--
       (1) Allowable use of ppp loan.--Section 7(a)(36)(F)(i) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
     amended--
       (A) in subclause (VI), by striking ``and'' at the end;
       (B) in subclause (VII), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:

       ``(VIII) covered operations expenditures, as defined in 
     section 1106(a) of the CARES Act (15 U.S.C. 9005(a));
       ``(IX) covered property damage costs, as defined in such 
     section 1106(a);
       ``(X) covered supplier costs, as defined in such section 
     1106(a); and
       ``(XI) covered worker protection expenditures, as defined 
     in such section 1106(a).''.

       (2) Loan forgiveness.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (10), (11), and (12), respectively;
       (ii) by redesignating paragraph (5) as paragraph (8);
       (iii) by redesignating paragraph (4) as paragraph (6);
       (iv) by redesignating paragraph (3) as paragraph (4);
       (v) by inserting after paragraph (2) the following:
       ``(3) the term `covered operations expenditure' means a 
     payment for any business software or cloud computing service 
     that facilitates business operations, product or service 
     delivery, the processing, payment, or tracking of payroll 
     expenses, human resources, sales and billing functions, or 
     accounting or tracking of supplies, inventory, records and 
     expenses;'';
       (vi) by inserting after paragraph (4), as so redesignated, 
     the following:
       ``(5) the term `covered property damage cost' means a cost 
     related to property damage and vandalism or looting due to 
     public disturbances that occurred during 2020 that was not 
     covered by insurance or other compensation;'';
       (vii) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(5) the term `covered supplier cost' means an expenditure 
     made by an entity to a supplier of goods pursuant to a 
     contract in effect before February 15, 2020 for the supply of 
     goods that are essential to the operations of the entity at 
     the time at which the expenditure is made;'';
       (viii) by inserting after paragraph (8), as so 
     redesignated, the following:
       ``(9) the term `covered worker protection expenditure'--
       ``(A) means an operating or a capital expenditure that is 
     required to facilitate the adaptation of the business 
     activities of an

[[Page S4754]]

     entity to comply with requirements established or guidance 
     issued by the Department of Health and Human Services, the 
     Centers for Disease Control, or the Occupational Safety and 
     Health Administration during the period beginning on March 1, 
     2020 and ending December 31, 2020 related to the maintenance 
     of standards for sanitation, social distancing, or any other 
     worker or customer safety requirement related to COVID-19;
       ``(B) may include--
       ``(i) the purchase, maintenance, or renovation of assets 
     that create or expand--

       ``(I) a drive-through window facility;
       ``(II) an indoor, outdoor, or combined air or air pressure 
     ventilation or filtration system;
       ``(III) a physical barrier such as a sneeze guard;
       ``(IV) an indoor, outdoor, or combined commercial real 
     property;
       ``(V) an onsite or offsite health screening capability; or
       ``(VI) other assets relating to the compliance with the 
     requirements or guidance described in subparagraph (A), as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(ii) the purchase of--

       ``(I) covered materials described in section 328.103(a) of 
     title 44, Code of Federal Regulations, or any successor 
     regulation;
       ``(II) particulate filtering facepiece respirators approved 
     by the National Institute for Occupational Safety and Health, 
     including those approved only for emergency use 
     authorization; or
       ``(III) other kinds of personal protective equipment, as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(C) does not include residential real property or 
     intangible property;''; and
       (ix) in paragraph (11), as so redesignated--

       (I) in subparagraph (C), by striking ``and'' at the end;
       (II) in subparagraph (D), by striking ``and'' at the end; 
     and
       (III) by adding at the end the following:

       ``(E) covered operations expenditures;
       ``(F) covered property damage costs;
       ``(G) covered supplier costs; and
       ``(H) covered worker protection expenditures; and'';
       (B) in subsection (b), by adding at the end the following:
       ``(5) Any covered operations expenditure.
       ``(6) Any covered property damage cost.
       ``(7) Any covered supplier cost.
       ``(8) Any covered worker protection expenditure.'';
       (C) in subsection (d)(8), by inserting ``any payment on any 
     covered operations expenditure, any payment on any covered 
     property damage cost, any payment on any covered supplier 
     cost, any payment on any covered worker protection 
     expenditure,'' after ``rent obligation,''; and
       (D) in subsection (e)--
       (i) in paragraph (2), by inserting ``payments on covered 
     operations expenditures, payments on covered property damage 
     costs, payments on covered supplier costs, payments on 
     covered worker protection expenditures,'' after ``lease 
     obligations,''; and
       (ii) in paragraph (3)(B), by inserting ``make payments on 
     covered operations expenditures, make payments on covered 
     property damage costs, make payments on covered supplier 
     costs, make payments on covered worker protection 
     expenditures,'' after ``rent obligation,''.
       (e) Lender Safe Harbor.--Subsection (h) of section 1106 of 
     the CARES Act (15 U.S.C. 9005) is amended to read as follows:
       ``(h) Hold Harmless.--
       ``(1) In general.--A lender may rely on any certification 
     or documentation submitted by an applicant for a covered loan 
     or an eligible recipient of a covered loan that--
       ``(A) is submitted pursuant to any statutory requirement 
     relating to covered loans or any rule or guidance issued to 
     carry out any action relating to covered loans; and
       ``(B) attests that the applicant or eligible recipient, as 
     applicable, has accurately verified any certification or 
     documentation provided to the lender.
       ``(2) No enforcement action.--With respect to a lender that 
     relies on a certification or documentation described in 
     paragraph (1)--
       ``(A) an enforcement action may not be taken against the 
     lender acting in good faith relating to origination or 
     forgiveness of a covered loan based on such reliance; and
       ``(B) the lender acting in good faith shall not be subject 
     to any penalties relating to origination or forgiveness of a 
     covered loan based on such reliance.''.
       (f) Selection of Covered Period for Forgiveness.--Section 
     1106 of the CARES Act (15 U.S.C. 9005) is amended--
       (1) by amending paragraph (4) of subsection (a), as so 
     redesignated by subsection (d) of this section, to read as 
     follows:
       ``(4) the term `covered period' means the period--
       ``(A) beginning on the date of the origination of a covered 
     loan; and
       ``(B) ending on a date selected by the eligible recipient 
     of the covered loan that occurs during the period--
       ``(i) beginning on the date that is 8 weeks after such date 
     of origination; and
       ``(ii) ending on December 31, 2020;''; and
       (2) by striking subsection (l).
       (g) Simplified Application.--Section 1106 of the CARES Act 
     (15 U.S.C. 9005), as amended by subsection (f) of this 
     section, is amended--
       (1) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``An eligible'' and inserting ``Except as 
     provided in subsection (l), an eligible'';
       (2) in subsection (f), by inserting ``or the information 
     required under subsection (l), as applicable'' after 
     ``subsection (e)''; and
       (3) by adding at the end the following:
       ``(l) Simplified Application.--
       ``(1) Covered loans under $150,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is not more than $150,000, the covered loan amount shall be 
     forgiven under this section if the eligible recipient--
       ``(i) signs and submits to the lender an attestation that 
     the eligible recipient made a good faith effort to comply 
     with the requirements under section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)); and
       ``(ii) for the 1-year period following submission of the 
     attestation under clause (i), retains records relevant to the 
     attestation that prove compliance with those requirements.
       ``(B) Demographic information.--An eligible recipient of a 
     covered loan described in subparagraph (A) may complete and 
     submit any form related to borrower demographic information.
       ``(C) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(2) Covered loans between $150,000 and $2,000,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is more than $150,000 and not more than $2,000,000--
       ``(i) the eligible recipient seeking loan forgiveness under 
     this section--

       ``(I) is not required to submit the supporting 
     documentation described in paragraph (1) or (2) of subsection 
     (e) or the certification described in subsection (e)(3)(A);
       ``(II) shall retain all relevant schedules, worksheets, and 
     supporting documentation for the 3-year period following 
     submission of the application for loan forgiveness; and
       ``(III) may complete and submit any form related to 
     borrower demographic information;

       ``(ii) review by the lender of an application submitted by 
     the eligible recipient for loan forgiveness under this 
     section shall be limited to whether the lender received a 
     complete application, with all fields completed, initialed, 
     or signed, as applicable; and
       ``(iii) the lender shall--

       ``(I) accept the application submitted by the eligible 
     recipient for loan forgiveness under this section; and
       ``(II) submit the application to the Administrator.

       ``(B) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(3) Audit plan.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of the Continuing the Paycheck Protection Program 
     Act, 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 an audit 
     plan that details--
       ``(i) the policies and procedures of the Administrator for 
     conducting reviews and audits of covered loans; and
       ``(ii) the metrics that the Administrator shall use to 
     determine which covered loans will be audited for each 
     category of covered loans described in paragraphs (1) and 
     (2).
       ``(B) Reports.--Not later than 30 days after the date on 
     which the Administrator submits the audit plan required under 
     subparagraph (A), and each month 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 on the 
     review and audit activities of the Administrator under this 
     subsection, which shall include--
       ``(i) the number of active reviews and audits;
       ``(ii) the number of reviews and audits that have been 
     ongoing for more than 60 days; and
       ``(iii) any substantial changes made to the audit plan 
     submitted under subparagraph (A).''.
       (h) Group Insurance Payments as Payroll Costs.--Section 
     7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by 
     inserting ``and other group insurance'' before ``benefits''.
       (i) Paycheck Protection Program Second Draw Loans.--Section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended 
     by adding at the end the following:

[[Page S4755]]

       ``(37) Paycheck protection program second draw loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `community financial institutions', `credit 
     union', `eligible self-employed individual', `insured 
     depository institution', `nonprofit organization', `payroll 
     costs', `seasonal employer', and `veterans organization' have 
     the meanings given those terms in paragraph (36), except that 
     `eligible entity' shall be substituted for `eligible 
     recipient' each place it appears in the definitions of those 
     terms;
       ``(ii) the term `covered loan' means a loan made under this 
     paragraph;
       ``(iii) the terms `covered mortgage obligation', `covered 
     operating expenditure', `covered property damage cost', 
     `covered rent obligation', `covered supplier cost', `covered 
     utility payment', and `covered worker protection expenditure' 
     have the meanings given those terms in section 1106(a) of the 
     CARES Act (15 U.S.C. 9005(a));
       ``(iv) the term `covered period' means the period beginning 
     on the date of the origination of a covered loan and ending 
     on December 31, 2020;
       ``(v) the term `eligible entity'--

       ``(I) means any business concern, nonprofit organization, 
     veterans organization, Tribal business concern, eligible 
     self-employed individual, sole proprietor, independent 
     contractor, or small agricultural cooperative that--

       ``(aa)(AA) with respect to a business concern, would 
     qualify as a small business concern by the annual receipts 
     size standard (if applicable) established by section 121.201 
     of title 13, Code of Federal Regulations, or any successor 
     regulation; or
       ``(BB) if the entity does not qualify as a small business 
     concern, meets the alternative size standard established 
     under section 3(a)(5);
       ``(bb) employs not more than 300 employees; and
       ``(cc)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first or second quarter 
     in 2020 that are not less than 35 percent less than the gross 
     receipts of the entity during the same quarter in 2019;
       ``(BB) if the entity was not in business during the first 
     or second quarter of 2019, but was in business during the 
     third and fourth quarter of 2019, had gross receipts during 
     the first or second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the third or fourth quarter of 2019;
       ``(CC) if the entity was not in business during the first, 
     second, or third quarter of 2019, but was in business during 
     the fourth quarter of 2019, had gross receipts during the 
     first or second quarter of 2020 that are less than 35 percent 
     of the amount of the gross receipts of the entity during the 
     fourth quarter of 2019; or
       ``(DD) if the entity was not in business during 2019, but 
     was in operation on February 15, 2020, had gross receipts 
     during the second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the first quarter of 2020;

       ``(II) includes an organization described in subparagraph 
     (D)(vii) of paragraph (36) that is eligible to receive a loan 
     under that paragraph and that meets the requirements 
     described in items (aa) and (cc) of subclause (I); and
       ``(III) does not include--

       ``(aa) an issuer, the securities of which are listed on an 
     exchange registered a national securities exchange under 
     section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f);
       ``(bb) any entity that--
       ``(AA) is a type of business concern described in 
     subsection (b), (c), (d), (e), (f), (h), (l) (m), (p), (q), 
     (r), or (s) of section 120.110 of title 13, Code of Federal 
     Regulations, or any successor regulation;
       ``(BB) is a type of business concern described in section 
     120.110(g) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Criteria and Requirements for Certain 
     Pledges of Loans' (85 Fed. Reg. 21747 (April 20, 2020));
       ``(CC) is a type of business concern described in section 
     120.110(i) of title 13, Code of Federal Regulations, or any 
     successor regulation, except if the business concern is an 
     organization described in paragraph (36)(D)(vii);
       ``(DD) is a type of business concern described in section 
     120.110(j) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rules of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Eligibility of Certain Electric Cooperatives' (85 Fed. Reg. 
     29847 (May 19, 2020)) and `Business Loan Program Temporary 
     Changes; Paycheck Protection Program--Eligibility of Certain 
     Telephone Cooperatives' (85 Fed. Reg. 35550 (June 11, 2020)) 
     or any other guidance or rule issued or that may be issued by 
     the Administrator;
       ``(EE) is a type of business concern described in section 
     120.110(n) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Revisions to First Interim Final Rule' 
     (85 Fed. Reg. 38301 (June 26, 2020)) or any other guidance or 
     rule issued or that may be issued by the Administrator;
       ``(FF) is a type of business concern described in section 
     120.110(o) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in any 
     guidance or rule issued or that may be issued by the 
     Administrator; or
       ``(GG) is an entity that is organized for research or for 
     engaging in advocacy in areas such as public policy or 
     political strategy or otherwise describes itself as a think 
     tank in any public documents;
       ``(HH) is an entity that would be described in the 
     subsections listed in subitems (AA) through (GG) if the 
     entity were a business concern; or
       ``(II) is assigned, or was approved for a loan under 
     paragraph (36) with, a North American Industry Classification 
     System code beginning with 52;
       ``(cc) any business concern or entity primarily engaged in 
     political or lobbying activities, which shall include any 
     entity that is organized for research or for engaging in 
     advocacy in areas such as public policy or political strategy 
     or otherwise describes itself as a think tank in any public 
     documents; or
       ``(dd) any business concern or entity--
       ``(AA) for which an entity created in or organized under 
     the laws of the People's Republic of China or the Special 
     Administrative Region of Hong Kong, or that has significant 
     operations in the People's Republic of China or the Special 
     Administrative Region of Hong Kong, owns or holds, directly 
     or indirectly, not less than 20 percent of the economic 
     interest of the business concern or entity, including as 
     equity shares or a capital or profit interest in a limited 
     liability company or partnership; or
       ``(BB) that retains, as a member of the board of directors 
     of the business concern, a person who is a resident of the 
     People's Republic of China;
       ``(vi) the terms `exchange', `issuer', and `security' have 
     the meanings given those terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
       ``(vii) the term `Tribal business concern' means a Tribal 
     business concern described in section 31(b)(2)(C).
       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans to 
     eligible entities under the same terms, conditions, and 
     processes as a loan made under paragraph (36).
       ``(C) Maximum loan amount.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the maximum amount of a covered loan made to an 
     eligible entity is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payment for payroll costs incurred or paid by 
     the eligible entity during--
       ``(AA) the 1-year period before the date on which the loan 
     is made; or
       ``(BB) calendar year 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(ii) Seasonal employers.--The maximum amount of a covered 
     loan made to an eligible entity that is a seasonal employer 
     is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payments for payroll costs incurred or paid by 
     the eligible entity--
       ``(AA) for a 12-week period beginning February 15, 2019 or 
     March 1, 2019 and ending June 30, 2019; or
       ``(BB) for a consecutive 12-week period between May 1, 2019 
     and September 15, 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iii) New entities.--The maximum amount of a covered loan 
     made to an eligible entity that did not exist during the 1-
     year period preceding February 15, 2020 is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) the quotient obtained by dividing--
       ``(AA) the sum of the total monthly payments by the 
     eligible entity for payroll costs paid or incurred by the 
     eligible entity as of the date on which the eligible entity 
     applies for the covered loan; by
       ``(BB) the number of months in which those payroll costs 
     were paid or incurred; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iv) Limit for multiple locations.--With respect to an 
     eligible entity with more than 1 physical location, the total 
     amount of all covered loans shall be not more than 
     $2,000,000.
       ``(v) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(vi) 90 day rule for maximum loan amount.--The maximum 
     aggregate loan amount of loans guaranteed under this 
     subsection that are approved for an eligible entity 
     (including any affiliates) within 90 days of approval of 
     another loan under this subsection for the eligible entity 
     (including any affiliates) shall not exceed $10,000,000.
       ``(D) Exception from certain certification requirements.--
     An eligible entity applying for a covered loan shall not be 
     required to make the certification described in subclause 
     (III) or (IV) of paragraph (36)(G)(i).
       ``(E) Fee waiver.--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

[[Page S4756]]

       ``(ii) in lieu of the fee otherwise applicable under 
     paragraph (18)(A), the Administrator shall collect no fee.
       ``(F) Eligible churches and religious organizations.--
       ``(i) Sense of congress.--It is the sense of Congress that 
     the interim final rule of the Administration entitled 
     `Business Loan Program Temporary Changes; Paycheck Protection 
     Program' (85 Fed. Reg. 20817 (April 15, 2020)) properly 
     clarified the eligibility of churches and religious 
     organizations for loans made under paragraph (36).
       ``(ii) Applicability of prohibition.--The prohibition on 
     eligibility established by section 120.110(k) of title 13, 
     Code of Federal Regulations, or any successor regulation, 
     shall not apply to a covered loan.
       ``(G) Gross receipts for nonprofit and veterans 
     organizations.--For purposes of calculating gross receipts 
     under subparagraph (A)(v)(I)(cc) for an eligible entity that 
     is a nonprofit organization, a veterans organization, or an 
     organization described in subparagraph (A)(v)(II), gross 
     receipts--
       ``(i) shall include proceeds from fundraising events, 
     federated campaigns, gifts, donor-advised funds, and funds 
     from similar sources; and
       ``(ii) shall not include--

       ``(I) Federal grants (excluding any loan forgiveness on 
     loans received under paragraph (36) or this paragraph);
       ``(II) revenues from a supporting organization;
       ``(III) grants from private foundations that are disbursed 
     over the course of more than 1 calendar year; or
       ``(IV) any contribution of property other than money, 
     stocks, bonds, and other securities, provided that the non-
     cash contribution is not sold by the organization in a 
     transaction unrelated to the tax-exempt purpose of the 
     organization.

       ``(H) Loan forgiveness.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, an eligible entity shall be eligible for 
     forgiveness of indebtedness on a covered loan in the same 
     manner as an eligible recipient with respect to a loan made 
     under paragraph (36), as described in section 1106 of the 
     CARES Act (15 U.S.C. 9005).
       ``(ii) Forgiveness amount.--An eligible entity shall be 
     eligible for forgiveness of indebtedness on a covered loan in 
     an amount equal to the sum of the following costs incurred or 
     expenditures made during the covered period:

       ``(I) Payroll costs.
       ``(II) 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).
       ``(III) Any covered operations expenditure.
       ``(IV) Any covered property damage cost.
       ``(V) Any payment on any covered rent obligation.
       ``(VI) Any covered utility payment.
       ``(VII) Any covered supplier cost.
       ``(VIII) Any covered worker protection expenditure.

       ``(iii) Limitation on forgiveness for all eligible 
     entities.--The forgiveness amount under this subparagraph 
     shall be equal to the lesser of--

       ``(I) the amount described in clause (ii); and
       ``(II) the amount equal to the quotient obtained by 
     dividing--

       ``(aa) the amount of the covered loan used for payroll 
     costs during the covered period; and
       ``(bb) 0.60.
       ``(I) Lender eligibility.--Except as otherwise provided in 
     this paragraph, a lender approved to make loans under 
     paragraph (36) may make covered loans under the same terms 
     and conditions as in paragraph (36).
       ``(J) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan in an amount that is--
       ``(i) 3 percent of the principal amount of the financing of 
     the covered loan up to $350,000; and
       ``(ii) 1 percent of the principal amount of the financing 
     of the covered loan above $350,000, if applicable.
       ``(K) Set aside for small entities.--Not less than 
     $25,000,000,000 of the total amount of covered loans 
     guaranteed by the Administrator shall be made to eligible 
     entities with not more than 10 employees as of February 15, 
     2020.
       ``(L) Set aside for community financial institutions, small 
     insured depository institutions, credit unions, and farm 
     credit system institutions.--Not less than $10,000,000,000 of 
     the total amount of covered loans guaranteed by the 
     Administrator shall be made by--
       ``(i) community financial institutions;
       ``(ii) insured depository institutions with consolidated 
     assets of less than $10,000,000,000;
       ``(iii) credit unions with consolidated assets of less than 
     $10,000,000,000; and
       ``(iv) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000 (not 
     including the Federal Agricultural Mortgage Corporation).
       ``(M) Publication of guidance.--Not later than 10 days 
     after the date of enactment of this paragraph, the 
     Administrator shall issue guidance addressing barriers to 
     accessing capital for minority, underserved, veteran, and 
     women-owned business concerns for the purpose of ensuring 
     equitable access to covered loans.
       ``(N) Standard operating procedure.--The Administrator 
     shall, to the maximum extent practicable, allow a lender 
     approved to make covered loans to use existing program 
     guidance and standard operating procedures for loans made 
     under this subsection.
       ``(O) Prohibition on use of proceeds for lobbying 
     activities.--None of the proceeds of a covered loan may be 
     used for--
       ``(i) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(ii) lobbying expenditures related to a State or local 
     election; or
       ``(iii) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.
       (j) Continued Access to the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36)(E)(ii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(E)(ii)) is amended by 
     striking ``$10,000,000'' and inserting ``$2,000,000''.
       (2) Applicability of maximum loan amount calculation.--
       (A) Definitions.--In this paragraph, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (B) Applicability.--The amendment made by paragraph (1) 
     shall apply only with respect to a covered loan applied for 
     by an eligible recipient on or after the date of enactment of 
     this Act.
       (k) Increased Ability for Paycheck Protection Program 
     Borrowers to Request an Increase in Loan Amount Due to 
     Updated Regulations.--
       (1) Definitions.--In this subsection, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (2) Increased amount.--Notwithstanding the interim final 
     rule issued by the Administration entitled ``Business Loan 
     Program Temporary Changes; Paycheck Protection Program--Loan 
     Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
     recipient of a covered loan that is eligible for an increased 
     covered loan amount as a result of any interim final rule 
     that allows for covered loan increases may submit a request 
     for an increase in the covered loan amount even if--
       (A) the initial covered loan amount has been fully 
     disbursed; or
       (B) the lender of the initial covered loan has submitted to 
     the Administration a Form 1502 report related to the covered 
     loan.
       (l) Calculation of Maximum Loan Amount for Farmers and 
     Ranchers Under the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by subsection (j) of this 
     section, is amended--
       (A) in subparagraph (E), in the matter preceding clause 
     (i), by striking ``During'' and inserting ``Except as 
     provided in subparagraph (T), during''; and
       (B) by adding at the end the following:
       ``(T) Calculation of maximum loan amount for farmers and 
     ranchers.--
       ``(i) Definition.--In this subparagraph, the term `covered 
     recipient' means an eligible recipient that--

       ``(I) operates as a sole proprietorship or as an 
     independent contractor, or is an eligible self-employed 
     individual;
       ``(II) reports farm income or expenses on a Schedule F (or 
     any equivalent successor schedule); and
       ``(III) was in business during the period beginning on 
     February 15, 2019 and ending on June 30, 2019.

       ``(ii) No employees.--With respect to covered recipient 
     without employees, the maximum covered loan amount shall be 
     the lesser of--

       ``(I) the sum of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the gross income of the covered recipient in 2019, 
     as reported on a Schedule F (or any equivalent successor 
     schedule), that is not more than $100,000, divided by 12; and
       ``(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 April 3, 2020 that the borrower 
     intends to refinance under the covered loan, not including 
     any amount of any advance under the loan that is not required 
     to be repaid; or

       ``(II) $2,000,000.

       ``(iii) With employees.--With respect to a covered 
     recipient with employees, the maximum covered loan amount 
     shall be calculated using the formula described in 
     subparagraph (E), except that the gross income of the covered 
     recipient described in clause (ii)(I)(aa)(AA) of this 
     subparagraph, as divided by 12, shall be added to the sum 
     calculated under subparagraph (E)(i)(I).
       ``(iv) Recalculation.--A lender that made a covered loan to 
     a covered recipient before the date of enactment of this 
     subparagraph may, at the request of the covered recipient--

       ``(I) recalculate the maximum loan amount applicable to 
     that covered loan based on the formula described in clause 
     (ii) or (iii), as applicable, if doing so would result in a 
     larger covered loan amount; and

[[Page S4757]]

       ``(II) provide the covered recipient with additional 
     covered loan amounts based on that recalculation.''.

       (m) Farm Credit System Institutions.--
       (1) Definition of farm credit system institution.--In this 
     subsection, the term ``Farm Credit System institution''--
       (A) means an institution of the Farm Credit System 
     chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 
     et seq.); and
       (B) does not include the Federal Agricultural Mortgage 
     Corporation.
       (2) Facilitation of participation in ppp and second draw 
     loans.--
       (A) Applicable rules.--Solely with respect to loans under 
     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), Farm Credit Administration 
     regulations and guidance issued as of July 14, 2020, and 
     compliance with such regulations and guidance, shall be 
     deemed functionally equivalent to requirements referenced in 
     section 3(a)(iii)(II) of the interim final rule of the 
     Administration entitled ``Business Loan Program Temporary 
     Changes; Paycheck Protection Program'' (85 Fed. Reg. 20811 
     (April 15, 2020)) or any similar requirement referenced in 
     that interim final rule in implementing such paragraph (37).
       (B) Applicability of certain loan requirements.--For 
     purposes of making loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgiving those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm 
     Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including 
     regulations issued under those sections) shall not apply.
       (C) Risk weight.--
       (i) In general.--With respect to the application of Farm 
     Credit Administration capital requirements, a loan described 
     in clause (ii)--

       (I) shall receive a risk weight of zero percent; and
       (II) shall not be included in the calculation of any 
     applicable leverage ratio or other applicable capital ratio 
     or calculation.

       (ii) Loans described.--A loan referred to in clause (i) 
     is--

       (I) a loan made by a Farm Credit Bank described in section 
     1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to 
     a Federal Land Bank Association, a Production Credit 
     Association, or an agricultural credit association described 
     in that section to make loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgive those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37); or
       (II) a loan made by a Federal Land Bank Association, a 
     Production Credit Association, an agricultural credit 
     association, or the bank for cooperatives described in 
     section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 
     2002(a)) under paragraph (36) or (37) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)).

       (D) Reservation of loan guarantees.--Section 7(a)(36)(S) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(S)) is amended--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end;
       (II) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(III) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of not less than $10,000,000,000 and 
     less than $50,000,000,000.''; and

       (ii) in clause (ii)--

       (I) in subclause (II), by striking ``and'' at the end;
       (II) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(IV) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000.''.

       (n) Definition of Seasonal Employer.--
       (1) PPP loans.--Section 7(a)(36)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(A)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) the term `seasonal employer' means an eligible 
     recipient that--

       ``(I) does not operate for more than 7 months in any 
     calendar year; or
       ``(II) during the preceding calendar year, had gross 
     receipts for any 6 months of that year that were not more 
     than 33.33 percent of the gross receipts of the employer for 
     the other 6 months of that year.''.

       (2) Loan forgiveness.--Paragraph (12) of section 1106(a) of 
     the CARES Act (15 U.S.C. 9005(a)), as so redesignated by 
     subsection (d)(2) of this section, is amended to read as 
     follows:
       ``(12) the terms `payroll costs' and `seasonal employer' 
     have the meanings given those terms in section 7(a)(36) of 
     the Small Business Act (15 U.S.C. 636(a)(36)).''.
       (o) Eligibility of 501(c)(6) Organizations for Loans Under 
     the Paycheck Protection Program.--Section 7(a)(36)(D) of the 
     Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended--
       (1) in clause (v), by inserting ``or whether an 
     organization described in clause (vii) employs not more than 
     150 employees,'' after ``clause (i)(I),'';
       (2) in clause (vi), by inserting ``, an organization 
     described in clause (vii),'' after ``nonprofit 
     organization''; and
       (3) by adding at the end the following:
       ``(vii) Eligibility for certain 501(c)(6) organizations.--

       ``(I) In general.--Except as provided in subclause (II), 
     any organization that is described in section 501(c)(6) of 
     the Internal Revenue Code and that is exempt from taxation 
     under section 501(a) of such Code (excluding professional 
     sports leagues and organizations with the purpose of 
     promoting or participating in a political campaign or other 
     activity) shall be eligible to receive a covered loan if--

       ``(aa) the organization does not receive more than 10 
     percent of its receipts from lobbying activities;
       ``(bb) the lobbying activities of the organization do not 
     comprise more than 10 percent of the total activities of the 
     organization; and
       ``(cc) the organization employs not more than 150 
     employees.

       ``(II) Destination marketing organizations.--
     Notwithstanding subclause (I), during the covered period, any 
     destination marketing organization shall be eligible to 
     receive a covered loan if--

       ``(aa) the destination marketing organization does not 
     receive more than 10 percent of its receipts from lobbying 
     activities;
       ``(bb) the lobbying activities of the destination marketing 
     organization do not comprise more than 10 percent of the 
     total activities of the organization;
       ``(cc) the destination marketing organization employs not 
     more than 150 employees; and
       ``(dd) the destination marketing organization--
       ``(AA) is described in section 501(c) of the Internal 
     Revenue Code and is exempt from taxation under section 501(a) 
     of such Code; or
       ``(BB) is a quasi-governmental entity or is a political 
     subdivision of a State or local government, including any 
     instrumentality of those entities.''.
       (p) Prohibition on Use of Loan Proceeds for Lobbying 
     Activities.--Section 7(a)(36)(F) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(F)) is amended by adding at the end the 
     following:
       ``(vi) Prohibition.--None of the proceeds of a covered loan 
     may be used for--

       ``(I) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(II) lobbying expenditures related to a State or local 
     election; or
       ``(III) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.

       (q) Effective Date; Applicability.--The amendments made to 
     paragraph (36) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) and title I of the CARES Act (Public Law 116-
     136) under this section shall be effective as if included in 
     the CARES Act and shall apply to any loan made pursuant to 
     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)).
       (r) Bankruptcy Provisions.--
       (1) In general.--Section 364 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(g)(1) The court, after notice and a hearing, may 
     authorize a debtor in possession or a trustee that is 
     authorized to operate the business of the debtor under 
     section 1183, 1184, 1203, 1204, or 1304 of this title to 
     obtain a loan under paragraph (36) or (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), and such loan 
     shall be treated as a debt to the extent the loan is not 
     forgiven in accordance with section 1106 of the CARES Act (15 
     U.S.C. 9005) or subparagraph (H) of such paragraph (37), as 
     applicable, with priority equal to a claim of the kind 
     specified in subsection (c)(1) of this section.
       ``(2) The trustee may incur debt described in paragraph (1) 
     notwithstanding any provision in a contract, prior order 
     authorizing the trustee to incur debt under this section, 
     prior order authorizing the trustee to use cash collateral 
     under section 363, or applicable law that prohibits the 
     debtor from incurring additional debt.
       ``(3) The court shall hold a hearing within 7 days after 
     the filing and service of the motion to obtain a loan 
     described in paragraph (1).''.
       (2) Allowance of administrative expenses.--Section 503(b) 
     of title 11, United States Code, is amended--
       (A) in paragraph (8)(B), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) any debt incurred under section 364(g)(1) of this 
     title.''.
       (3) Confirmation of plan for reorganization.--Section 1191 
     of title 11, United States Code, is amended by adding at the 
     end the following:
       ``(f) Special Provision Related to COVID-19 Pandemic.--
     Notwithstanding section 1129(a)(9)(A) of this title and 
     subsection (e) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed under subsection (b) of this 
     section if the plan proposes to make payments on account of 
     such claim when due under the terms of the loan giving rise 
     to such claim.''.

[[Page S4758]]

       (4) Confirmation of plan for family farmers and 
     fishermen.--Section 1225 of title 11, United States Code, is 
     amended by adding at the end the following:
       ``(d) Notwithstanding section 1222(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (5) Confirmation of plan for individuals.--Section 1325 of 
     title 11, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notwithstanding section 1322(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (6) Effective date; sunset.--
       (A) Effective date.--The amendments made by paragraphs (1) 
     through (5) shall--
       (i) take effect on the date on which the Administrator 
     submits to the Director of the Executive Office for United 
     States Trustees a written determination that, subject to 
     satisfying any other eligibility requirements, any debtor in 
     possession or trustee that is authorized to operate the 
     business of the debtor under section 1183, 1184, 1203, 1204, 
     or 1304 of title 11, United States Code, would be eligible 
     for a loan under paragraphs (36) and (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)); and
       (ii) apply to any case pending on or commenced on or after 
     the date described in clause (i).
       (B) Sunset.--
       (i) In general.--If the amendments made by this subsection 
     take effect under subparagraph (A), effective on the date 
     that is 2 years after the date of enactment of this Act--

       (I) section 364 of title 11, United States Code, is amended 
     by striking subsection (g);
       (II) section 503(b) of title 11, United States Code, is 
     amended--

       (aa) in paragraph (8)(B), by adding ``and'' at the end;
       (bb) in paragraph (9), by striking ``; and'' at the end and 
     inserting a period; and
       (cc) by striking paragraph (10);

       (III) section 1191 of title 11, United States Code, is 
     amended by striking subsection (f);
       (IV) section 1225 of title 11, United States Code, is 
     amended by striking subsection (d); and
       (V) section 1325 of title 11, United States Code, is 
     amended by striking subsection (d).

       (ii) Applicability.--Notwithstanding the amendments made by 
     clause (i) of this subparagraph, if the amendments made by 
     paragraphs (1), (2), (3), (4), and (5) take effect under 
     subparagraph (A) of this paragraph, such amendments shall 
     apply to any case under title 11, United States Code, 
     commenced before the date that is 2 years after the date of 
     enactment of this Act.
       (s) Oversight.--
       (1) Compliance with oversight requirements.--
       (A) In general.--Except as provided in subparagraph (B), on 
     and after the date of enactment of this Act, the 
     Administrator shall comply with any data or information 
     requests or inquiries made by the Comptroller General of the 
     United States not later than 30 days (or such later date as 
     the Comptroller General may specify) after receiving the 
     request or inquiry.
       (B) Exception.--If the Administrator is unable to comply 
     with a request or inquiry described in subparagraph (A) 
     within the 30-day period or, if applicable, later period 
     described in that clause, the Administrator shall, during 
     that 30-day (or later) period, submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     notification that includes a detailed justification for the 
     inability of the Administrator to comply with the request or 
     inquiry.
       (2) Testimony.--Not later than the date that is 30 days 
     after the date of enactment of this Act, and every quarter 
     thereafter until the date that is 2 years after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     the Treasury shall testify before the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives regarding 
     implementation of this section and the amendments made by 
     this section.
       (t) Conflicts of Interest.--
       (1) Definitions.--In this subsection:
       (A) 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.
       (B) Covered entity.--
       (i) Definition.--The term ``covered entity'' means an 
     entity in which a covered individual directly or indirectly 
     holds a controlling interest.
       (ii) Treatment of securities.--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 subparagraph 
     (C)(ii) shall be aggregated.
       (C) Covered individual.--The term ``covered individual'' 
     means--
       (i) the President, the Vice President, the head of an 
     Executive department, or a Member of Congress; and
       (ii) the spouse, child, son-in-law, or daughter-in-law, as 
     determined under applicable common law, of an individual 
     described in clause (i).
       (D) Executive department.--The term ``Executive 
     department'' has the meaning given the term in section 101 of 
     title 5, United States Code.
       (E) 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.
       (F) Equity interest.--The term ``equity interest'' means--
       (i) a share in an entity, without regard to whether the 
     share is--

       (I) transferable; or
       (II) classified as stock or anything similar;

       (ii) a capital or profit interest in a limited liability 
     company or partnership; or
       (iii) a warrant or right, other than a right to convert, to 
     purchase, sell, or subscribe to a share or interest described 
     in clause (i) or (ii), respectively.
       (2) Requirement.--The principal executive officer and the 
     principal financial officer, or individuals performing 
     similar functions, of an entity seeking to enter a 
     transaction made under paragraph (36) or (37) of section 7(a) 
     of the Small Business Act (15 U.S.C. 636(a)), as added and 
     amended by this section, shall, before that transaction is 
     approved, disclose to the Administrator whether the entity is 
     a covered entity.
       (3) Applicability.--The requirement under paragraph (2)--
       (A) shall apply with respect to any transaction made under 
     paragraph (36) or (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as added and amended by this section, 
     on or after the date of enactment of this Act; and
       (B) shall not apply with respect to--
       (i) any transaction described in subparagraph (A) that was 
     made before the date of enactment of this Act; or
       (ii) forgiveness under section 1106 of the CARES Act (15 
     U.S.C. 9005) or any other provision of law of any loan 
     associated with any transaction described in subparagraph (A) 
     that was made before the date of enactment of this Act.
       (u) Commitment Authority and Appropriations.--
       (1) Commitment authority.--Section 1102(b) of the CARES Act 
     (Public Law 116-136) is amended--
       (A) in paragraph (1)--
       (i) in the paragraph heading, by inserting ``and second 
     draw'' after ``PPP'';
       (ii) by striking ``August 8, 2020'' and inserting 
     ``December 31, 2020'';
       (iii) by striking ``paragraph (36)'' and inserting 
     ``paragraphs (36) and (37)''; and
       (iv) by striking ``$659,000,000,000'' and inserting 
     ``$816,690,000,000''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Other 7(a) loans.--During fiscal year 2020, the 
     amount authorized for commitments for section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) under the heading 
     `Small Business Administration--Business Loans Program 
     Account' in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-193) 
     shall apply with respect to any commitments under such 
     section 7(a) other than under paragraphs (36) and (37) of 
     such section 7(a).''.
       (2) Direct appropriations.--
       (A) Rescission.--With respect to unobligated balances under 
     the heading `` `Small Business Administration--Business Loans 
     Program Account, CARES Act'' as of the day before the date of 
     enactment of this Act, $100,000,000,000 shall be rescinded 
     and deposited into the general fund of the Treasury.
       (B) New direct appropriations for ppp loans, second draw 
     loans, and the mbda.--
       (i) PPP and second draw loans.--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--

       (I) $257,690,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'' 
     for the cost of guaranteed loans as authorized under 
     paragraph (36) and (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended and added by this Act; and
       (II) $10,000,000 under the heading 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.

       (C) Availability of amounts appropriated for the office of 
     inspector general.--Section 1107(a)(3) of the CARES Act (15 
     U.S.C. 9006(a)(3)) is amended by striking ``September 20, 
     2024'' and inserting ``expended''.
       (v) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     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)).
       (2) Designation in senate.--In the Senate, this section 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.

[[Page S4759]]

  

                                 ______
                                 
  SA 2508. Mr. RUBIO (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS RECOVERY.

       (a) Short Title.--This section may be cited as the 
     ``Continuing the Paycheck Protection Program Act''.
       (b) Definitions.--In this section:
       (1) Administration; administrator.--The terms 
     ``Administration'' and ``Administrator'' mean the Small 
     Business Administration and the Administrator thereof, 
     respectively.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (c) Emergency Rulemaking Authority.-- Not later than 30 
     days after the date of enactment of this Act, the 
     Administrator shall issue regulations to carry out this 
     section and the amendments made by this section without 
     regard to the notice requirements under section 553(b) of 
     title 5, United States Code.
       (d) Additional Eligible Expenses.--
       (1) Allowable use of ppp loan.--Section 7(a)(36)(F)(i) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
     amended--
       (A) in subclause (VI), by striking ``and'' at the end;
       (B) in subclause (VII), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:

       ``(VIII) covered operations expenditures, as defined in 
     section 1106(a) of the CARES Act (15 U.S.C. 9005(a));
       ``(IX) covered property damage costs, as defined in such 
     section 1106(a);
       ``(X) covered supplier costs, as defined in such section 
     1106(a); and
       ``(XI) covered worker protection expenditures, as defined 
     in such section 1106(a).''.

       (2) Loan forgiveness.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (10), (11), and (12), respectively;
       (ii) by redesignating paragraph (5) as paragraph (8);
       (iii) by redesignating paragraph (4) as paragraph (6);
       (iv) by redesignating paragraph (3) as paragraph (4);
       (v) by inserting after paragraph (2) the following:
       ``(3) the term `covered operations expenditure' means a 
     payment for any business software or cloud computing service 
     that facilitates business operations, product or service 
     delivery, the processing, payment, or tracking of payroll 
     expenses, human resources, sales and billing functions, or 
     accounting or tracking of supplies, inventory, records and 
     expenses;'';
       (vi) by inserting after paragraph (4), as so redesignated, 
     the following:
       ``(5) the term `covered property damage cost' means a cost 
     related to property damage and vandalism or looting due to 
     public disturbances that occurred during 2020 that was not 
     covered by insurance or other compensation;'';
       (vii) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(5) the term `covered supplier cost' means an expenditure 
     made by an entity to a supplier of goods pursuant to a 
     contract in effect before February 15, 2020 for the supply of 
     goods that are essential to the operations of the entity at 
     the time at which the expenditure is made;'';
       (viii) by inserting after paragraph (8), as so 
     redesignated, the following:
       ``(9) the term `covered worker protection expenditure'--
       ``(A) means an operating or a capital expenditure that is 
     required to facilitate the adaptation of the business 
     activities of an entity to comply with requirements 
     established or guidance issued by the Department of Health 
     and Human Services, the Centers for Disease Control, or the 
     Occupational Safety and Health Administration during the 
     period beginning on March 1, 2020 and ending December 31, 
     2020 related to the maintenance of standards for sanitation, 
     social distancing, or any other worker or customer safety 
     requirement related to COVID-19;
       ``(B) may include--
       ``(i) the purchase, maintenance, or renovation of assets 
     that create or expand--

       ``(I) a drive-through window facility;
       ``(II) an indoor, outdoor, or combined air or air pressure 
     ventilation or filtration system;
       ``(III) a physical barrier such as a sneeze guard;
       ``(IV) an indoor, outdoor, or combined commercial real 
     property;
       ``(V) an onsite or offsite health screening capability; or
       ``(VI) other assets relating to the compliance with the 
     requirements or guidance described in subparagraph (A), as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(ii) the purchase of--

       ``(I) covered materials described in section 328.103(a) of 
     title 44, Code of Federal Regulations, or any successor 
     regulation;
       ``(II) particulate filtering facepiece respirators approved 
     by the National Institute for Occupational Safety and Health, 
     including those approved only for emergency use 
     authorization; or
       ``(III) other kinds of personal protective equipment, as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(C) does not include residential real property or 
     intangible property;''; and
       (ix) in paragraph (11), as so redesignated--

       (I) in subparagraph (C), by striking ``and'' at the end;
       (II) in subparagraph (D), by striking ``and'' at the end; 
     and
       (III) by adding at the end the following:

       ``(E) covered operations expenditures;
       ``(F) covered property damage costs;
       ``(G) covered supplier costs; and
       ``(H) covered worker protection expenditures; and'';
       (B) in subsection (b), by adding at the end the following:
       ``(5) Any covered operations expenditure.
       ``(6) Any covered property damage cost.
       ``(7) Any covered supplier cost.
       ``(8) Any covered worker protection expenditure.'';
       (C) in subsection (d)(8), by inserting ``any payment on any 
     covered operations expenditure, any payment on any covered 
     property damage cost, any payment on any covered supplier 
     cost, any payment on any covered worker protection 
     expenditure,'' after ``rent obligation,''; and
       (D) in subsection (e)--
       (i) in paragraph (2), by inserting ``payments on covered 
     operations expenditures, payments on covered property damage 
     costs, payments on covered supplier costs, payments on 
     covered worker protection expenditures,'' after ``lease 
     obligations,''; and
       (ii) in paragraph (3)(B), by inserting ``make payments on 
     covered operations expenditures, make payments on covered 
     property damage costs, make payments on covered supplier 
     costs, make payments on covered worker protection 
     expenditures,'' after ``rent obligation,''.
       (e) Lender Safe Harbor.--Subsection (h) of section 1106 of 
     the CARES Act (15 U.S.C. 9005) is amended to read as follows:
       ``(h) Hold Harmless.--
       ``(1) In general.--A lender may rely on any certification 
     or documentation submitted by an applicant for a covered loan 
     or an eligible recipient of a covered loan that--
       ``(A) is submitted pursuant to any statutory requirement 
     relating to covered loans or any rule or guidance issued to 
     carry out any action relating to covered loans; and
       ``(B) attests that the applicant or eligible recipient, as 
     applicable, has accurately verified any certification or 
     documentation provided to the lender.
       ``(2) No enforcement action.--With respect to a lender that 
     relies on a certification or documentation described in 
     paragraph (1)--
       ``(A) an enforcement action may not be taken against the 
     lender acting in good faith relating to origination or 
     forgiveness of a covered loan based on such reliance; and
       ``(B) the lender acting in good faith shall not be subject 
     to any penalties relating to origination or forgiveness of a 
     covered loan based on such reliance.''.
       (f) Selection of Covered Period for Forgiveness.--Section 
     1106 of the CARES Act (15 U.S.C. 9005) is amended--
       (1) by amending paragraph (4) of subsection (a), as so 
     redesignated by subsection (d) of this section, to read as 
     follows:
       ``(4) the term `covered period' means the period--
       ``(A) beginning on the date of the origination of a covered 
     loan; and
       ``(B) ending on a date selected by the eligible recipient 
     of the covered loan that occurs during the period--
       ``(i) beginning on the date that is 8 weeks after such date 
     of origination; and
       ``(ii) ending on December 31, 2020;''; and
       (2) by striking subsection (l).
       (g) Simplified Application.--Section 1106 of the CARES Act 
     (15 U.S.C. 9005), as amended by subsection (f) of this 
     section, is amended--
       (1) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``An eligible'' and inserting ``Except as 
     provided in subsection (l), an eligible'';
       (2) in subsection (f), by inserting ``or the information 
     required under subsection (l), as applicable'' after 
     ``subsection (e)''; and
       (3) by adding at the end the following:
       ``(l) Simplified Application.--
       ``(1) Covered loans under $150,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is not more than $150,000, the covered loan amount shall be 
     forgiven under this section if the eligible recipient--
       ``(i) signs and submits to the lender an attestation that 
     the eligible recipient made a good faith effort to comply 
     with the requirements under section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)); and
       ``(ii) for the 1-year period following submission of the 
     attestation under clause (i), retains records relevant to the 
     attestation that prove compliance with those requirements.
       ``(B) Demographic information.--An eligible recipient of a 
     covered loan described in subparagraph (A) may complete and 
     submit

[[Page S4760]]

     any form related to borrower demographic information.
       ``(C) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(2) Covered loans between $150,000 and $2,000,000.--
       ``(A) In general.--Notwithstanding subsection (e), with 
     respect to a covered loan made to an eligible recipient that 
     is more than $150,000 and not more than $2,000,000--
       ``(i) the eligible recipient seeking loan forgiveness under 
     this section--

       ``(I) is not required to submit the supporting 
     documentation described in paragraph (1) or (2) of subsection 
     (e) or the certification described in subsection (e)(3)(A);
       ``(II) shall retain all relevant schedules, worksheets, and 
     supporting documentation for the 3-year period following 
     submission of the application for loan forgiveness; and
       ``(III) may complete and submit any form related to 
     borrower demographic information;

       ``(ii) review by the lender of an application submitted by 
     the eligible recipient for loan forgiveness under this 
     section shall be limited to whether the lender received a 
     complete application, with all fields completed, initialed, 
     or signed, as applicable; and
       ``(iii) the lender shall--

       ``(I) accept the application submitted by the eligible 
     recipient for loan forgiveness under this section; and
       ``(II) submit the application to the Administrator.

       ``(B) Audit.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A); and
       ``(ii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(3) Audit plan.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of the Continuing the Paycheck Protection Program 
     Act, 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 an audit 
     plan that details--
       ``(i) the policies and procedures of the Administrator for 
     conducting reviews and audits of covered loans; and
       ``(ii) the metrics that the Administrator shall use to 
     determine which covered loans will be audited for each 
     category of covered loans described in paragraphs (1) and 
     (2).
       ``(B) Reports.--Not later than 30 days after the date on 
     which the Administrator submits the audit plan required under 
     subparagraph (A), and each month 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 on the 
     review and audit activities of the Administrator under this 
     subsection, which shall include--
       ``(i) the number of active reviews and audits;
       ``(ii) the number of reviews and audits that have been 
     ongoing for more than 60 days; and
       ``(iii) any substantial changes made to the audit plan 
     submitted under subparagraph (A).''.
       (h) Group Insurance Payments as Payroll Costs.--Section 
     7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by 
     inserting ``and other group insurance'' before ``benefits''.
       (i) Paycheck Protection Program Second Draw Loans.--Section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended 
     by adding at the end the following:
       ``(37) Paycheck protection program second draw loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `community financial institutions', `credit 
     union', `eligible self-employed individual', `insured 
     depository institution', `nonprofit organization', `payroll 
     costs', `seasonal employer', and `veterans organization' have 
     the meanings given those terms in paragraph (36), except that 
     `eligible entity' shall be substituted for `eligible 
     recipient' each place it appears in the definitions of those 
     terms;
       ``(ii) the term `covered loan' means a loan made under this 
     paragraph;
       ``(iii) the terms `covered mortgage obligation', `covered 
     operating expenditure', `covered property damage cost', 
     `covered rent obligation', `covered supplier cost', `covered 
     utility payment', and `covered worker protection expenditure' 
     have the meanings given those terms in section 1106(a) of the 
     CARES Act (15 U.S.C. 9005(a));
       ``(iv) the term `covered period' means the period beginning 
     on the date of the origination of a covered loan and ending 
     on December 31, 2020;
       ``(v) the term `eligible entity'--

       ``(I) means any business concern, nonprofit organization, 
     veterans organization, Tribal business concern, eligible 
     self-employed individual, sole proprietor, independent 
     contractor, or small agricultural cooperative that--

       ``(aa)(AA) with respect to a business concern, would 
     qualify as a small business concern by the annual receipts 
     size standard (if applicable) established by section 121.201 
     of title 13, Code of Federal Regulations, or any successor 
     regulation; or
       ``(BB) if the entity does not qualify as a small business 
     concern, meets the alternative size standard established 
     under section 3(a)(5);
       ``(bb) employs not more than 300 employees; and
       ``(cc)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first or second quarter 
     in 2020 that are not less than 35 percent less than the gross 
     receipts of the entity during the same quarter in 2019;
       ``(BB) if the entity was not in business during the first 
     or second quarter of 2019, but was in business during the 
     third and fourth quarter of 2019, had gross receipts during 
     the first or second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the third or fourth quarter of 2019;
       ``(CC) if the entity was not in business during the first, 
     second, or third quarter of 2019, but was in business during 
     the fourth quarter of 2019, had gross receipts during the 
     first or second quarter of 2020 that are less than 35 percent 
     of the amount of the gross receipts of the entity during the 
     fourth quarter of 2019; or
       ``(DD) if the entity was not in business during 2019, but 
     was in operation on February 15, 2020, had gross receipts 
     during the second quarter of 2020 that are less than 35 
     percent of the amount of the gross receipts of the entity 
     during the first quarter of 2020;

       ``(II) includes an organization described in subparagraph 
     (D)(vii) of paragraph (36) that is eligible to receive a loan 
     under that paragraph and that meets the requirements 
     described in items (aa) and (cc) of subclause (I); and
       ``(III) does not include--

       ``(aa) an issuer, the securities of which are listed on an 
     exchange registered a national securities exchange under 
     section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f);
       ``(bb) any entity that--
       ``(AA) is a type of business concern described in 
     subsection (b), (c), (d), (e), (f), (h), (l) (m), (p), (q), 
     (r), or (s) of section 120.110 of title 13, Code of Federal 
     Regulations, or any successor regulation;
       ``(BB) is a type of business concern described in section 
     120.110(g) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Criteria and Requirements for Certain 
     Pledges of Loans' (85 Fed. Reg. 21747 (April 20, 2020));
       ``(CC) is a type of business concern described in section 
     120.110(i) of title 13, Code of Federal Regulations, or any 
     successor regulation, except if the business concern is an 
     organization described in paragraph (36)(D)(vii);
       ``(DD) is a type of business concern described in section 
     120.110(j) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rules of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Eligibility of Certain Electric Cooperatives' (85 Fed. Reg. 
     29847 (May 19, 2020)) and `Business Loan Program Temporary 
     Changes; Paycheck Protection Program--Eligibility of Certain 
     Telephone Cooperatives' (85 Fed. Reg. 35550 (June 11, 2020)) 
     or any other guidance or rule issued or that may be issued by 
     the Administrator;
       ``(EE) is a type of business concern described in section 
     120.110(n) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in the 
     interim final rule of the Administration entitled `Business 
     Loan Program Temporary Changes; Paycheck Protection Program--
     Additional Eligibility Revisions to First Interim Final Rule' 
     (85 Fed. Reg. 38301 (June 26, 2020)) or any other guidance or 
     rule issued or that may be issued by the Administrator;
       ``(FF) is a type of business concern described in section 
     120.110(o) of title 13, Code of Federal Regulations, or any 
     successor regulation, except as otherwise provided in any 
     guidance or rule issued or that may be issued by the 
     Administrator; or
       ``(GG) is an entity that is organized for research or for 
     engaging in advocacy in areas such as public policy or 
     political strategy or otherwise describes itself as a think 
     tank in any public documents;
       ``(HH) is an entity that would be described in the 
     subsections listed in subitems (AA) through (GG) if the 
     entity were a business concern; or
       ``(II) is assigned, or was approved for a loan under 
     paragraph (36) with, a North American Industry Classification 
     System code beginning with 52;
       ``(cc) any business concern or entity primarily engaged in 
     political or lobbying activities, which shall include any 
     entity that is organized for research or for engaging in 
     advocacy in areas such as public policy or political strategy 
     or otherwise describes itself as a think tank in any public 
     documents; or
       ``(dd) any business concern or entity--

[[Page S4761]]

       ``(AA) for which an entity created in or organized under 
     the laws of the People's Republic of China or the Special 
     Administrative Region of Hong Kong, or that has significant 
     operations in the People's Republic of China or the Special 
     Administrative Region of Hong Kong, owns or holds, directly 
     or indirectly, not less than 20 percent of the economic 
     interest of the business concern or entity, including as 
     equity shares or a capital or profit interest in a limited 
     liability company or partnership; or
       ``(BB) that retains, as a member of the board of directors 
     of the business concern, a person who is a resident of the 
     People's Republic of China;
       ``(vi) the terms `exchange', `issuer', and `security' have 
     the meanings given those terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
       ``(vii) the term `Tribal business concern' means a Tribal 
     business concern described in section 31(b)(2)(C).
       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans to 
     eligible entities under the same terms, conditions, and 
     processes as a loan made under paragraph (36).
       ``(C) Maximum loan amount.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the maximum amount of a covered loan made to an 
     eligible entity is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payment for payroll costs incurred or paid by 
     the eligible entity during--
       ``(AA) the 1-year period before the date on which the loan 
     is made; or
       ``(BB) calendar year 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(ii) Seasonal employers.--The maximum amount of a covered 
     loan made to an eligible entity that is a seasonal employer 
     is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payments for payroll costs incurred or paid by 
     the eligible entity--
       ``(AA) for a 12-week period beginning February 15, 2019 or 
     March 1, 2019 and ending June 30, 2019; or
       ``(BB) for a consecutive 12-week period between May 1, 2019 
     and September 15, 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iii) New entities.--The maximum amount of a covered loan 
     made to an eligible entity that did not exist during the 1-
     year period preceding February 15, 2020 is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) the quotient obtained by dividing--
       ``(AA) the sum of the total monthly payments by the 
     eligible entity for payroll costs paid or incurred by the 
     eligible entity as of the date on which the eligible entity 
     applies for the covered loan; by
       ``(BB) the number of months in which those payroll costs 
     were paid or incurred; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iv) Limit for multiple locations.--With respect to an 
     eligible entity with more than 1 physical location, the total 
     amount of all covered loans shall be not more than 
     $2,000,000.
       ``(v) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(vi) 90 day rule for maximum loan amount.--The maximum 
     aggregate loan amount of loans guaranteed under this 
     subsection that are approved for an eligible entity 
     (including any affiliates) within 90 days of approval of 
     another loan under this subsection for the eligible entity 
     (including any affiliates) shall not exceed $10,000,000.
       ``(D) Exception from certain certification requirements.--
     An eligible entity applying for a covered loan shall not be 
     required to make the certification described in subclause 
     (III) or (IV) of paragraph (36)(G)(i).
       ``(E) Fee waiver.--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.
       ``(F) Eligible churches and religious organizations.--
       ``(i) Sense of congress.--It is the sense of Congress that 
     the interim final rule of the Administration entitled 
     `Business Loan Program Temporary Changes; Paycheck Protection 
     Program' (85 Fed. Reg. 20817 (April 15, 2020)) properly 
     clarified the eligibility of churches and religious 
     organizations for loans made under paragraph (36).
       ``(ii) Applicability of prohibition.--The prohibition on 
     eligibility established by section 120.110(k) of title 13, 
     Code of Federal Regulations, or any successor regulation, 
     shall not apply to a covered loan.
       ``(G) Gross receipts for nonprofit and veterans 
     organizations.--For purposes of calculating gross receipts 
     under subparagraph (A)(v)(I)(cc) for an eligible entity that 
     is a nonprofit organization, a veterans organization, or an 
     organization described in subparagraph (A)(v)(II), gross 
     receipts--
       ``(i) shall include proceeds from fundraising events, 
     federated campaigns, gifts, donor-advised funds, and funds 
     from similar sources; and
       ``(ii) shall not include--

       ``(I) Federal grants (excluding any loan forgiveness on 
     loans received under paragraph (36) or this paragraph);
       ``(II) revenues from a supporting organization;
       ``(III) grants from private foundations that are disbursed 
     over the course of more than 1 calendar year; or
       ``(IV) any contribution of property other than money, 
     stocks, bonds, and other securities, provided that the non-
     cash contribution is not sold by the organization in a 
     transaction unrelated to the tax-exempt purpose of the 
     organization.

       ``(H) Loan forgiveness.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, an eligible entity shall be eligible for 
     forgiveness of indebtedness on a covered loan in the same 
     manner as an eligible recipient with respect to a loan made 
     under paragraph (36), as described in section 1106 of the 
     CARES Act (15 U.S.C. 9005).
       ``(ii) Forgiveness amount.--An eligible entity shall be 
     eligible for forgiveness of indebtedness on a covered loan in 
     an amount equal to the sum of the following costs incurred or 
     expenditures made during the covered period:

       ``(I) Payroll costs.
       ``(II) 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).
       ``(III) Any covered operations expenditure.
       ``(IV) Any covered property damage cost.
       ``(V) Any payment on any covered rent obligation.
       ``(VI) Any covered utility payment.
       ``(VII) Any covered supplier cost.
       ``(VIII) Any covered worker protection expenditure.

       ``(iii) Limitation on forgiveness for all eligible 
     entities.--The forgiveness amount under this subparagraph 
     shall be equal to the lesser of--

       ``(I) the amount described in clause (ii); and
       ``(II) the amount equal to the quotient obtained by 
     dividing--

       ``(aa) the amount of the covered loan used for payroll 
     costs during the covered period; and
       ``(bb) 0.60.
       ``(I) Lender eligibility.--Except as otherwise provided in 
     this paragraph, a lender approved to make loans under 
     paragraph (36) may make covered loans under the same terms 
     and conditions as in paragraph (36).
       ``(J) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan in an amount that is--
       ``(i) 3 percent of the principal amount of the financing of 
     the covered loan up to $350,000; and
       ``(ii) 1 percent of the principal amount of the financing 
     of the covered loan above $350,000, if applicable.
       ``(K) Set aside for small entities.--Not less than 
     $25,000,000,000 of the total amount of covered loans 
     guaranteed by the Administrator shall be made to eligible 
     entities with not more than 10 employees as of February 15, 
     2020.
       ``(L) Set aside for community financial institutions, small 
     insured depository institutions, credit unions, and farm 
     credit system institutions.--Not less than $10,000,000,000 of 
     the total amount of covered loans guaranteed by the 
     Administrator shall be made by--
       ``(i) community financial institutions;
       ``(ii) insured depository institutions with consolidated 
     assets of less than $10,000,000,000;
       ``(iii) credit unions with consolidated assets of less than 
     $10,000,000,000; and
       ``(iv) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000 (not 
     including the Federal Agricultural Mortgage Corporation).
       ``(M) Publication of guidance.--Not later than 10 days 
     after the date of enactment of this paragraph, the 
     Administrator shall issue guidance addressing barriers to 
     accessing capital for minority, underserved, veteran, and 
     women-owned business concerns for the purpose of ensuring 
     equitable access to covered loans.
       ``(N) Standard operating procedure.--The Administrator 
     shall, to the maximum extent practicable, allow a lender 
     approved to make covered loans to use existing program 
     guidance and standard operating procedures for loans made 
     under this subsection.
       ``(O) Prohibition on use of proceeds for lobbying 
     activities.--None of the proceeds of a covered loan may be 
     used for--
       ``(i) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(ii) lobbying expenditures related to a State or local 
     election; or
       ``(iii) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.
       (j) Continued Access to the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36)(E)(ii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(E)(ii)) is amended by 
     striking ``$10,000,000'' and inserting ``$2,000,000''.
       (2) Applicability of maximum loan amount calculation.--
       (A) Definitions.--In this paragraph, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in

[[Page S4762]]

     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)).
       (B) Applicability.--The amendment made by paragraph (1) 
     shall apply only with respect to a covered loan applied for 
     by an eligible recipient on or after the date of enactment of 
     this Act.
       (k) Increased Ability for Paycheck Protection Program 
     Borrowers to Request an Increase in Loan Amount Due to 
     Updated Regulations.--
       (1) Definitions.--In this subsection, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given 
     those terms in section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
       (2) Increased amount.--Notwithstanding the interim final 
     rule issued by the Administration entitled ``Business Loan 
     Program Temporary Changes; Paycheck Protection Program--Loan 
     Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
     recipient of a covered loan that is eligible for an increased 
     covered loan amount as a result of any interim final rule 
     that allows for covered loan increases may submit a request 
     for an increase in the covered loan amount even if--
       (A) the initial covered loan amount has been fully 
     disbursed; or
       (B) the lender of the initial covered loan has submitted to 
     the Administration a Form 1502 report related to the covered 
     loan.
       (l) Calculation of Maximum Loan Amount for Farmers and 
     Ranchers Under the Paycheck Protection Program.--
       (1) In general.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by subsection (j) of this 
     section, is amended--
       (A) in subparagraph (E), in the matter preceding clause 
     (i), by striking ``During'' and inserting ``Except as 
     provided in subparagraph (T), during''; and
       (B) by adding at the end the following:
       ``(T) Calculation of maximum loan amount for farmers and 
     ranchers.--
       ``(i) Definition.--In this subparagraph, the term `covered 
     recipient' means an eligible recipient that--

       ``(I) operates as a sole proprietorship or as an 
     independent contractor, or is an eligible self-employed 
     individual;
       ``(II) reports farm income or expenses on a Schedule F (or 
     any equivalent successor schedule); and
       ``(III) was in business during the period beginning on 
     February 15, 2019 and ending on June 30, 2019.

       ``(ii) No employees.--With respect to covered recipient 
     without employees, the maximum covered loan amount shall be 
     the lesser of--

       ``(I) the sum of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the gross income of the covered recipient in 2019, 
     as reported on a Schedule F (or any equivalent successor 
     schedule), that is not more than $100,000, divided by 12; and
       ``(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 April 3, 2020 that the borrower 
     intends to refinance under the covered loan, not including 
     any amount of any advance under the loan that is not required 
     to be repaid; or

       ``(II) $2,000,000.

       ``(iii) With employees.--With respect to a covered 
     recipient with employees, the maximum covered loan amount 
     shall be calculated using the formula described in 
     subparagraph (E), except that the gross income of the covered 
     recipient described in clause (ii)(I)(aa)(AA) of this 
     subparagraph, as divided by 12, shall be added to the sum 
     calculated under subparagraph (E)(i)(I).
       ``(iv) Recalculation.--A lender that made a covered loan to 
     a covered recipient before the date of enactment of this 
     subparagraph may, at the request of the covered recipient--

       ``(I) recalculate the maximum loan amount applicable to 
     that covered loan based on the formula described in clause 
     (ii) or (iii), as applicable, if doing so would result in a 
     larger covered loan amount; and
       ``(II) provide the covered recipient with additional 
     covered loan amounts based on that recalculation.''.

       (m) Farm Credit System Institutions.--
       (1) Definition of farm credit system institution.--In this 
     subsection, the term ``Farm Credit System institution''--
       (A) means an institution of the Farm Credit System 
     chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 
     et seq.); and
       (B) does not include the Federal Agricultural Mortgage 
     Corporation.
       (2) Facilitation of participation in ppp and second draw 
     loans.--
       (A) Applicable rules.--Solely with respect to loans under 
     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), Farm Credit Administration 
     regulations and guidance issued as of July 14, 2020, and 
     compliance with such regulations and guidance, shall be 
     deemed functionally equivalent to requirements referenced in 
     section 3(a)(iii)(II) of the interim final rule of the 
     Administration entitled ``Business Loan Program Temporary 
     Changes; Paycheck Protection Program'' (85 Fed. Reg. 20811 
     (April 15, 2020)) or any similar requirement referenced in 
     that interim final rule in implementing such paragraph (37).
       (B) Applicability of certain loan requirements.--For 
     purposes of making loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgiving those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm 
     Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including 
     regulations issued under those sections) shall not apply.
       (C) Risk weight.--
       (i) In general.--With respect to the application of Farm 
     Credit Administration capital requirements, a loan described 
     in clause (ii)--

       (I) shall receive a risk weight of zero percent; and
       (II) shall not be included in the calculation of any 
     applicable leverage ratio or other applicable capital ratio 
     or calculation.

       (ii) Loans described.--A loan referred to in clause (i) 
     is--

       (I) a loan made by a Farm Credit Bank described in section 
     1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to 
     a Federal Land Bank Association, a Production Credit 
     Association, or an agricultural credit association described 
     in that section to make loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgive those loans in accordance with section 1106 of the 
     CARES Act (15 U.S.C. 9005) and subparagraph (H) of such 
     paragraph (37); or
       (II) a loan made by a Federal Land Bank Association, a 
     Production Credit Association, an agricultural credit 
     association, or the bank for cooperatives described in 
     section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 
     2002(a)) under paragraph (36) or (37) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)).

       (D) Reservation of loan guarantees.--Section 7(a)(36)(S) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(S)) is amended--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end;
       (II) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(III) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of not less than $10,000,000,000 and 
     less than $50,000,000,000.''; and

       (ii) in clause (ii)--

       (I) in subclause (II), by striking ``and'' at the end;
       (II) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(IV) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000.''.

       (n) Definition of Seasonal Employer.--
       (1) PPP loans.--Section 7(a)(36)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(A)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) the term `seasonal employer' means an eligible 
     recipient that--

       ``(I) does not operate for more than 7 months in any 
     calendar year; or
       ``(II) during the preceding calendar year, had gross 
     receipts for any 6 months of that year that were not more 
     than 33.33 percent of the gross receipts of the employer for 
     the other 6 months of that year.''.

       (2) Loan forgiveness.--Paragraph (12) of section 1106(a) of 
     the CARES Act (15 U.S.C. 9005(a)), as so redesignated by 
     subsection (d)(2) of this section, is amended to read as 
     follows:
       ``(12) the terms `payroll costs' and `seasonal employer' 
     have the meanings given those terms in section 7(a)(36) of 
     the Small Business Act (15 U.S.C. 636(a)(36)).''.
       (o) Eligibility of 501(c)(6) Organizations for Loans Under 
     the Paycheck Protection Program.--Section 7(a)(36)(D) of the 
     Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended--
       (1) in clause (v), by inserting ``or whether an 
     organization described in clause (vii) employs not more than 
     150 employees,'' after ``clause (i)(I),'';
       (2) in clause (vi), by inserting ``, an organization 
     described in clause (vii),'' after ``nonprofit 
     organization''; and
       (3) by adding at the end the following:
       ``(vii) Eligibility for certain 501(c)(6) organizations.--

       ``(I) In general.--Except as provided in subclause (II), 
     any organization that is described in section 501(c)(6) of 
     the Internal Revenue Code and that is exempt from taxation 
     under section 501(a) of such Code (excluding professional 
     sports leagues and organizations with the purpose of 
     promoting or participating in a political campaign or other 
     activity) shall be eligible to receive a covered loan if--

       ``(aa) the organization does not receive more than 10 
     percent of its receipts from lobbying activities;
       ``(bb) the lobbying activities of the organization do not 
     comprise more than 10 percent of the total activities of the 
     organization; and
       ``(cc) the organization employs not more than 150 
     employees.

       ``(II) Destination marketing organizations.--
     Notwithstanding subclause (I), during the covered period, any 
     destination marketing organization shall be eligible to 
     receive a covered loan if--

[[Page S4763]]

       ``(aa) the destination marketing organization does not 
     receive more than 10 percent of its receipts from lobbying 
     activities;
       ``(bb) the lobbying activities of the destination marketing 
     organization do not comprise more than 10 percent of the 
     total activities of the organization;
       ``(cc) the destination marketing organization employs not 
     more than 150 employees; and
       ``(dd) the destination marketing organization--
       ``(AA) is described in section 501(c) of the Internal 
     Revenue Code and is exempt from taxation under section 501(a) 
     of such Code; or
       ``(BB) is a quasi-governmental entity or is a political 
     subdivision of a State or local government, including any 
     instrumentality of those entities.''.
       (p) Prohibition on Use of Loan Proceeds for Lobbying 
     Activities.--Section 7(a)(36)(F) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(F)) is amended by adding at the end the 
     following:
       ``(vi) Prohibition.--None of the proceeds of a covered loan 
     may be used for--

       ``(I) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(II) lobbying expenditures related to a State or local 
     election; or
       ``(III) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.

       (q) Effective Date; Applicability.--The amendments made to 
     paragraph (36) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) and title I of the CARES Act (Public Law 116-
     136) under this section shall be effective as if included in 
     the CARES Act and shall apply to any loan made pursuant to 
     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)).
       (r) Bankruptcy Provisions.--
       (1) In general.--Section 364 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(g)(1) The court, after notice and a hearing, may 
     authorize a debtor in possession or a trustee that is 
     authorized to operate the business of the debtor under 
     section 1183, 1184, 1203, 1204, or 1304 of this title to 
     obtain a loan under paragraph (36) or (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), and such loan 
     shall be treated as a debt to the extent the loan is not 
     forgiven in accordance with section 1106 of the CARES Act (15 
     U.S.C. 9005) or subparagraph (H) of such paragraph (37), as 
     applicable, with priority equal to a claim of the kind 
     specified in subsection (c)(1) of this section.
       ``(2) The trustee may incur debt described in paragraph (1) 
     notwithstanding any provision in a contract, prior order 
     authorizing the trustee to incur debt under this section, 
     prior order authorizing the trustee to use cash collateral 
     under section 363, or applicable law that prohibits the 
     debtor from incurring additional debt.
       ``(3) The court shall hold a hearing within 7 days after 
     the filing and service of the motion to obtain a loan 
     described in paragraph (1).''.
       (2) Allowance of administrative expenses.--Section 503(b) 
     of title 11, United States Code, is amended--
       (A) in paragraph (8)(B), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(10) any debt incurred under section 364(g)(1) of this 
     title.''.
       (3) Confirmation of plan for reorganization.--Section 1191 
     of title 11, United States Code, is amended by adding at the 
     end the following:
       ``(f) Special Provision Related to COVID-19 Pandemic.--
     Notwithstanding section 1129(a)(9)(A) of this title and 
     subsection (e) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed under subsection (b) of this 
     section if the plan proposes to make payments on account of 
     such claim when due under the terms of the loan giving rise 
     to such claim.''.
       (4) Confirmation of plan for family farmers and 
     fishermen.--Section 1225 of title 11, United States Code, is 
     amended by adding at the end the following:
       ``(d) Notwithstanding section 1222(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (5) Confirmation of plan for individuals.--Section 1325 of 
     title 11, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notwithstanding section 1322(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (6) Effective date; sunset.--
       (A) Effective date.--The amendments made by paragraphs (1) 
     through (5) shall--
       (i) take effect on the date on which the Administrator 
     submits to the Director of the Executive Office for United 
     States Trustees a written determination that, subject to 
     satisfying any other eligibility requirements, any debtor in 
     possession or trustee that is authorized to operate the 
     business of the debtor under section 1183, 1184, 1203, 1204, 
     or 1304 of title 11, United States Code, would be eligible 
     for a loan under paragraphs (36) and (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)); and
       (ii) apply to any case pending on or commenced on or after 
     the date described in clause (i).
       (B) Sunset.--
       (i) In general.--If the amendments made by this subsection 
     take effect under subparagraph (A), effective on the date 
     that is 2 years after the date of enactment of this Act--

       (I) section 364 of title 11, United States Code, is amended 
     by striking subsection (g);
       (II) section 503(b) of title 11, United States Code, is 
     amended--

       (aa) in paragraph (8)(B), by adding ``and'' at the end;
       (bb) in paragraph (9), by striking ``; and'' at the end and 
     inserting a period; and
       (cc) by striking paragraph (10);

       (III) section 1191 of title 11, United States Code, is 
     amended by striking subsection (f);
       (IV) section 1225 of title 11, United States Code, is 
     amended by striking subsection (d); and
       (V) section 1325 of title 11, United States Code, is 
     amended by striking subsection (d).

       (ii) Applicability.--Notwithstanding the amendments made by 
     clause (i) of this subparagraph, if the amendments made by 
     paragraphs (1), (2), (3), (4), and (5) take effect under 
     subparagraph (A) of this paragraph, such amendments shall 
     apply to any case under title 11, United States Code, 
     commenced before the date that is 2 years after the date of 
     enactment of this Act.
       (s) Oversight.--
       (1) Compliance with oversight requirements.--
       (A) In general.--Except as provided in subparagraph (B), on 
     and after the date of enactment of this Act, the 
     Administrator shall comply with any data or information 
     requests or inquiries made by the Comptroller General of the 
     United States not later than 30 days (or such later date as 
     the Comptroller General may specify) after receiving the 
     request or inquiry.
       (B) Exception.--If the Administrator is unable to comply 
     with a request or inquiry described in subparagraph (A) 
     within the 30-day period or, if applicable, later period 
     described in that clause, the Administrator shall, during 
     that 30-day (or later) period, submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     notification that includes a detailed justification for the 
     inability of the Administrator to comply with the request or 
     inquiry.
       (2) Testimony.--Not later than the date that is 30 days 
     after the date of enactment of this Act, and every quarter 
     thereafter until the date that is 2 years after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     the Treasury shall testify before the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives regarding 
     implementation of this section and the amendments made by 
     this section.
       (t) Conflicts of Interest.--
       (1) Definitions.--In this subsection:
       (A) 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.
       (B) Covered entity.--
       (i) Definition.--The term ``covered entity'' means an 
     entity in which a covered individual directly or indirectly 
     holds a controlling interest.
       (ii) Treatment of securities.--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 subparagraph 
     (C)(ii) shall be aggregated.
       (C) Covered individual.--The term ``covered individual'' 
     means--
       (i) the President, the Vice President, the head of an 
     Executive department, or a Member of Congress; and
       (ii) the spouse, child, son-in-law, or daughter-in-law, as 
     determined under applicable common law, of an individual 
     described in clause (i).
       (D) Executive department.--The term ``Executive 
     department'' has the meaning given the term in section 101 of 
     title 5, United States Code.
       (E) 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.
       (F) Equity interest.--The term ``equity interest'' means--
       (i) a share in an entity, without regard to whether the 
     share is--

       (I) transferable; or
       (II) classified as stock or anything similar;

       (ii) a capital or profit interest in a limited liability 
     company or partnership; or
       (iii) a warrant or right, other than a right to convert, to 
     purchase, sell, or subscribe to a share or interest described 
     in clause (i) or (ii), respectively.
       (2) Requirement.--The principal executive officer and the 
     principal financial officer, or individuals performing 
     similar functions, of an entity seeking to enter a 
     transaction made under paragraph (36) or (37) of section

[[Page S4764]]

     7(a) of the Small Business Act (15 U.S.C. 636(a)), as added 
     and amended by this section, shall, before that transaction 
     is approved, disclose to the Administrator whether the entity 
     is a covered entity.
       (3) Applicability.--The requirement under paragraph (2)--
       (A) shall apply with respect to any transaction made under 
     paragraph (36) or (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as added and amended by this section, 
     on or after the date of enactment of this Act; and
       (B) shall not apply with respect to--
       (i) any transaction described in subparagraph (A) that was 
     made before the date of enactment of this Act; or
       (ii) forgiveness under section 1106 of the CARES Act (15 
     U.S.C. 9005) or any other provision of law of any loan 
     associated with any transaction described in subparagraph (A) 
     that was made before the date of enactment of this Act.
       (u) Commitment Authority and Appropriations.--
       (1) Commitment authority.--Section 1102(b) of the CARES Act 
     (Public Law 116-136) is amended--
       (A) in paragraph (1)--
       (i) in the paragraph heading, by inserting ``and second 
     draw'' after ``PPP'';
       (ii) by striking ``August 8, 2020'' and inserting 
     ``December 31, 2020'';
       (iii) by striking ``paragraph (36)'' and inserting 
     ``paragraphs (36) and (37)''; and
       (iv) by striking ``$659,000,000,000'' and inserting 
     ``$816,690,000,000''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Other 7(a) loans.--During fiscal year 2020, the 
     amount authorized for commitments for section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) under the heading 
     `Small Business Administration--Business Loans Program 
     Account' in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-193) 
     shall apply with respect to any commitments under such 
     section 7(a) other than under paragraphs (36) and (37) of 
     such section 7(a).''.
       (2) Direct appropriations.--
       (A) Rescission.--With respect to unobligated balances under 
     the heading `` `Small Business Administration--Business Loans 
     Program Account, CARES Act'' as of the day before the date of 
     enactment of this Act, $100,000,000,000 shall be rescinded 
     and deposited into the general fund of the Treasury.
       (B) New direct appropriations for ppp loans, second draw 
     loans, and the mbda.--
       (i) PPP and second draw loans.--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--

       (I) $257,690,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'' 
     for the cost of guaranteed loans as authorized under 
     paragraph (36) and (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended and added by this Act; and
       (II) $10,000,000 under the heading 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.

       (C) Availability of amounts appropriated for the office of 
     inspector general.--Section 1107(a)(3) of the CARES Act (15 
     U.S.C. 9006(a)(3)) is amended by striking ``September 20, 
     2024'' and inserting ``expended''.
       (v) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     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)).
       (2) Designation in senate.--In the Senate, this section 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.
                                 ______
                                 
  SA 2509. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

     SEC. __. TANF CORONAVIRUS EMERGENCY FUND.

       (a) Temporary Fund.--
       (1) In general.--Section 403 of the Social Security Act (42 
     U.S.C. 603) is amended by adding at the end the following:
       ``(c) TANF Coronavirus Emergency Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a fund which shall be known as the 
     `Coronavirus Emergency Fund for State Temporary Assistance 
     for Needy Families Programs' (in this subsection referred to 
     as the `TANF Coronavirus Emergency Fund').
       ``(2) Deposits into fund.--
       ``(A) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for the period of fiscal years 2020 through 
     2021, $2,000,000,000 for payment to the TANF Coronavirus 
     Emergency Fund.
       ``(B) Use of funds.--Subject to subparagraph (C), the 
     amounts appropriated to the TANF Coronavirus Emergency Fund 
     under subparagraph (A) shall be used to make grants to States 
     in fiscal years 2020 and 2021 in accordance with the 
     requirements of paragraph (3).
       ``(C) Administration.--The Secretary may reserve up to 
     $4,000,000 of the amount appropriated for the period of 
     fiscal years 2020 through 2021 under subparagraph (A) for 
     expenses related to administering this subsection.
       ``(D) Limitation.--In no case may the Secretary make a 
     grant from the TANF Coronavirus Emergency Fund for a fiscal 
     year after fiscal year 2021.
       ``(3) Grants to states for increased expenditures for basic 
     assistance, non-recurrent short term benefits, and work 
     supports.--
       ``(A) In general.--For each of the 3rd and 4th quarters of 
     fiscal year 2020 and each quarter of fiscal year 2021, the 
     Secretary shall make a grant from the TANF Coronavirus 
     Emergency Fund to each State that--
       ``(i) requests a grant under this paragraph for the 
     quarter; and
       ``(ii) meets the requirements of subparagraph (B) for the 
     quarter.
       ``(B) Increased expenditures.--A State meets the 
     requirements of this subparagraph for a quarter if--
       ``(i) the total amount expended by the State for the 
     quarter under the State program funded under this part or any 
     other State program funded with qualified State expenditures 
     (as defined in section 409(a)(7)(B)(i)) for basic assistance, 
     non-recurrent short-term benefits, and work supports for 
     eligible families, exceeds
       ``(ii) the total amount expended by the State for the 1st 
     quarter of fiscal year 2020 under the State program funded 
     under this part or any other State program funded with 
     qualified State expenditures (as so defined) for basic 
     assistance, non-recurrent short-term benefits, and work 
     supports for eligible families.
       ``(C) Amount of grant.--Subject to paragraph (4), the 
     amount of the grant payable to a State under this paragraph 
     for a quarter shall be the amount equal to 80 percent of the 
     excess of the expenditures for the quarter described in 
     clause (i) of subparagraph (B) over the expenditures for the 
     1st quarter of fiscal year 2020 described in clause (ii) of 
     that subparagraph.
       ``(D) Authority to make necessary adjustments to data and 
     collect needed data.--In determining the expenditures of a 
     State for basic assistance, non-recurrent short-term 
     benefits, and work supports during any quarter for which the 
     State requests funds under this subsection, and for the 1st 
     quarter of fiscal year 2020, the Secretary may make 
     appropriate adjustments to the data, on a State-by-State 
     basis, to ensure that the data are comparable. The Secretary 
     may develop a mechanism for collecting expenditure data, 
     including procedures which allow States to make reasonable 
     estimates, and may set deadlines for making revisions to the 
     data.
       ``(E) Availability of funds.-- Funds paid to a State from a 
     grant made for any quarter of fiscal year 2020 or 2021 shall 
     remain available for use by the State through September 30, 
     2022.
       ``(4) Grant limited to state proportional share of children 
     in poverty.--
       ``(A) In general.--With respect to a State, the aggregate 
     amount of the grants payable to the State under paragraph (3) 
     for the 3rd and 4th quarters of fiscal year 2020 and each 
     quarter of fiscal year 2021 shall not exceed the State child 
     poverty proportion amount determined for the State for fiscal 
     year 2020 under subparagraph (B).
       ``(B) State child poverty proportion amount.--The State 
     child poverty proportion amount determined under this 
     subparagraph for a State for fiscal year 2020 is the product 
     of--
       ``(i) $2,000,000,000; and
       ``(ii) the quotient of--

       ``(I) the number of children in families with income below 
     the poverty line in the State (as determined under 
     subparagraph (C)); and
       ``(II) the number of children in families with income below 
     the poverty line in all States (as so determined).

       ``(C) Data.--
       ``(i) In general.--For purposes of subparagraph (B)(ii), 
     subject to clause (ii) of this subparagraph, the number of 
     children in families with income below the poverty line shall 
     be determined based on the most recent data available from 
     the Bureau of the Census.
       ``(ii) Other data.--The number of children in families with 
     income below the poverty line in the case of--

       ``(I) Puerto Rico, the United States Virgin Islands, Guam, 
     and American Samoa may be determined on the basis of the most 
     recent data are available from the Bureau of the Census or 
     such other poverty data as the Secretary determines 
     appropriate); and
       ``(II) an Indian tribe, shall be determined in proportion 
     to the tribal family assistance grant paid to the Indian 
     tribe for fiscal year 2020.

       ``(5) Definitions.--In this subsection:
       ``(A) Basic assistance.--The term `basic assistance' means 
     assistance including cash,

[[Page S4765]]

     payments, vouchers, and other forms of benefits designed to 
     meet a family's ongoing basic needs as defined by the 
     Secretary.
       ``(B) Eligible families.--
       ``(i) In general.--The term `eligible family' means a 
     family (including a family of one) that--

       ``(I) has 1 or more children who have not attained 18 years 
     of age; and
       ``(II) is in need as a result of the public health 
     emergency with respect to the Coronavirus Disease 2019 
     (COVID-19) as determined by the State in accordance with 
     clause (ii).

       ``(ii) Criteria for need based on covid-19 public health 
     emergency.--A State shall define and publish on a publicly 
     available website maintained by the State the criteria for 
     determining a family is in need as a result of the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19) and shall report such criteria to the Secretary. 
     The Secretary shall publish all the State criteria reported 
     under this clause on a publicly available website maintained 
     by the Secretary.
       ``(C) Non-recurrent short-term benefits.--The term `non-
     recurrent short-term benefits' means benefits intended to 
     address a specific crisis or need as defined by the 
     Secretary.
       ``(D) Poverty line.--The term `poverty line' means the 
     income official poverty line, as defined by the Office of 
     Management and Budget, and revised annually in accordance 
     with section 673(2) of the Community Services Block Grant Act 
     (42 U.S.C. 9902(2)).
       ``(E) State.--The term `State' has the meaning given that 
     term in section 419(5) and includes Indian tribes, as defined 
     in section 419(4).
       ``(F) Work supports.--The term `work supports' means 
     benefits provided to help families obtain, retain, or advance 
     in employment as defined by the Secretary.''.
       (2) Repeal.--Effective October 1, 2021, subsection (c) of 
     section 403 of the Social Security Act (42 U.S.C. 603) (as 
     added by paragraph (1)) is repealed.
       (b) Disregard From Limitation on Total Payments to 
     Territories.--
       (1) In general.--Section 1108(a)(2) of the Social Security 
     Act (42 U.S.C. 1308(a)(2)) is amended by inserting 
     ``403(c)(3),'' after ``403(a)(5),''.
       (2) Sunset.--Effective October 1, 2021, section 1108(a)(2) 
     of the Social Security Act (42 U.S.C. 1308(a)(2)) is amended 
     by striking ``403(c)(3),'' (as added by paragraph (1)).
                                 ______
                                 
  SA 2510. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

     SEC. __. SUPPLEMENTAL EMERGENCY UNEMPLOYMENT RELIEF FOR 
                   GOVERNMENTAL ENTITIES AND NONPROFIT 
                   ORGANIZATIONS.

       (a) In General.--Section 903(i)(1)(B) of the Social 
     Security Act (42 U.S.C. 1103(i)(1)(B)) is amended by striking 
     ``one-half'' and inserting ``75 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Relief for Workers Affected by Coronavirus Act (contained in 
     subtitle A of title II of division A of the CARES Act (Public 
     Law 116-136)).
                                 ______
                                 
  SA 2511. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

 TITLE II--SUPPORTING PATIENTS, PROVIDERS, OLDER AMERICANS, AND FOSTER 
                    YOUTH IN RESPONDING TO COVID-19

           Subtitle A--Promoting Access to Care and Services

     SEC. 201. MAINTAINING 2021 MEDICARE PART B PREMIUM AND 
                   DEDUCTIBLE AT 2020 LEVELS CONSISTENT WITH 
                   ACTUARIALLY FAIR RATES.

       (a) 2021 Premium and Deductible and Repayment Through 
     Future Premiums.--Section 1839(a) of the Social Security Act 
     (42 U.S.C. 1395r(a)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``(5) and (6)'' and inserting ``(5), (6), and (7)'';
       (2) in paragraph (6)(C)--
       (A) in clause (i), by striking ``section 1844(d)(1)'' and 
     inserting ``subsections (d)(1) and (e)(1) of section 1844''; 
     and
       (B) in clause (ii), by striking ``paragraph (5)'' and 
     inserting ``paragraphs (5) and (7)''; and
       (3) by adding at the end the following:
       ``(7) In applying this part (including subsection (i) and 
     section 1833(b)), the monthly actuarial rate for enrollees 
     age 65 and over for 2021 shall be the same as the monthly 
     actuarial rate for enrollees age 65 and over for 2020.''.
       (b) Transitional Government Contribution.--Section 1844 of 
     the Social Security Act (42 U.S.C. 1395w) is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``In applying paragraph (1), the amounts 
     transferred under subsection (e)(1) with respect to enrollees 
     described in subparagraphs (A) and (B) of such subsection 
     shall be treated as premiums payable and deposited in the 
     Trust Fund under subparagraphs (A) and (B), respectively, of 
     paragraph (1).''; and
       (2) by adding at the end the following:
       ``(e)(1) For 2021, there shall be transferred from the 
     General Fund to the Trust Fund an amount, as estimated by the 
     Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to the reduction in aggregate premiums 
     payable under this part for a month in such year (excluding 
     any changes in amounts collected under section 1839(i)) that 
     are attributable to the application of section 1839(a)(7) 
     with respect to--
       ``(A) enrollees age 65 and over; and
       ``(B) enrollees under age 65.
     Such amounts shall be transferred from time to time as 
     appropriate.
       ``(2) Premium increases affected under section 1839(a)(6) 
     shall not be taken into account in applying subsection (a).
       ``(3) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the 
     additional premiums payable as a result of the application of 
     section 1839(a)(6), excluding the aggregate payments 
     attributable to the application of section 
     1839(i)(3)(A)(ii)(II).''.
       (c) Additional Transitional Government Contribution.--
     Section 1844 of the Social Security Act (42 U.S.C. 1395w), as 
     amended by subsection (b)(2), is amended by adding at the end 
     the following:
       ``(f)(1) There shall be transferred from the General Fund 
     of the Treasury to the Trust Fund an amount, as estimated by 
     the Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to amounts paid under the advance payment 
     program under section 421.214 of title 42, Code of Federal 
     Regulations (or any successor regulation) during the period 
     beginning on March 28, 2020, and ending on July 9, 2020.
       ``(2) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the sum 
     of--
       ``(A) the amounts by which claims have offset (in whole or 
     in part) the amount of such advance payments described in 
     paragraph (1); and
       ``(B) the amount of such advance payments that has been 
     repaid (in whole or in part), under the advance payment 
     program under such section 421.214 (or any such successor 
     regulation).
       ``(3) Amounts described in paragraphs (1) and (2) shall be 
     transferred from time to time as appropriate.''.
       (d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is 
     amended by moving the indentation of subclause (I) two ems to 
     the right.

     SEC. 202. IMPROVEMENTS TO THE MEDICARE HOSPITAL ACCELERATED 
                   AND ADVANCE PAYMENTS PROGRAMS DURING THE COVID-
                   19 PUBLIC HEALTH EMERGENCY.

       (a) Part A.--
       (1) Repayment periods.--Section 1815(f)(2)(C) of the Social 
     Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended--
       (A) in clause (i), by striking ``120 days'' and inserting 
     ``270 days''; and
       (B) in clause (ii), by striking ``12 months'' and inserting 
     ``18 months''.
       (2) Authority for discretion.--Section 1815(f)(2)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is 
     amended by inserting ``(or, with respect to requests 
     submitted to the Secretary on or after July 9, 2020, 
     may)''after ``shall.''.
       (b) Part B.--In carrying out the advance payments program 
     described in section 421.214 of title 42, Code of Federal 
     Regulations (or a successor regulation), the Secretary of 
     Health and Human Services, in the case of a payment made 
     under such program 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)), upon request of the supplier receiving 
     such payment, shall--
       (1) provide up to 270 days before claims are offset to 
     recoup the payment; and
       (2) allow not less than 14 months from the date of the 
     first advance payment before requiring that the outstanding 
     balance be paid in full.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (d) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, and the amendments made by, this section 
     by program instruction or otherwise.

     SEC. 203. AUTHORITY TO EXTEND MEDICARE TELEHEALTH WAIVERS.

       (a) Authority.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Authority to extend telehealth waivers and 
     policies.--
       ``(A) Authority.--Notwithstanding the preceding provisions 
     of this subsection and section 1135, subject to subparagraph 
     (B), if the emergency period under section 1135(g)(1)(B) 
     expires prior to December 31,

[[Page S4766]]

     2021, the authority provided the Secretary under section 
     1135(b)(8) to waive or modify requirements with respect to a 
     telehealth service, and modifications of policies with 
     respect to telehealth services made by interim final rule 
     applicable to such period, shall be extended through December 
     31, 2021.
       ``(B) No requirement to extend.-- Nothing in subparagraph 
     (A) shall require the Secretary to extend any specific waiver 
     or modification or modifications of policies that the 
     Secretary does not find appropriate for extension.
       ``(C) Implementation.--Notwithstanding any provision of 
     law, the provisions of this paragraph may be implemented by 
     interim final rule, program instructions or otherwise.''.
       (b) MedPAC Evaluation and Report.--
       (1) Study.--
       (A) In general.--The Medicare Payment Advisory Commission 
     (in this subsection referred to as the ``Commission'') shall 
     conduct an evaluation of--
       (i) the expansions of telehealth services under part B of 
     title XVII of the Social Security Act related to the COVID-19 
     public health emergency described in section 1135(g)(1)(B) of 
     such Act (42 U.S.C. 1320b-5(g)(1)(B)); and
       (ii) the appropriate treatment of such expansions after the 
     expiration of such public health emergency.
       (B) Analysis.--The evaluation under subparagraph (A) shall 
     include an analysis of each the following:
       (i) Which, if any, of such expansions should be continued 
     after the expiration of the such public health emergency,
       (ii) Whether any such continued expansions should be 
     limited to, or differentially applied to, clinicians 
     participating in certain value-based payment models.
       (iii) How Medicare should pay for telehealth services after 
     the expiration of such public health emergency, and the 
     implications of payment approaches on aggregate Medicare 
     program spending,
       (iv) Medicare program integrity and beneficiary safeguards 
     that may be warranted with the coverage of telehealth 
     services.
       (v) The implications of expanded Medicare coverage of 
     telehealth services for beneficiary access to care and the 
     quality of care provided via telehealth.
       (vi) Other areas determined appropriate by the Commission.
       (2) Report.--Not later than June 15, 2021, the Commission 
     shall submit to Congress a report containing the results of 
     the evaluation conducted under paragraph (1), together with 
     recommendations for such legislation and administrative 
     action as the Commission determines appropriate.
       (c) HHS Provision of Information and Study and Report.--
       (1) Pre-covid-19 public health emergency telehealth 
     authority.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') shall make available on the internet website 
     of the Centers for Medicare & Medicaid Services information 
     describing the requirements applicable to telehealth services 
     and other virtual services under the original Medicare fee-
     for-service program under parts A and B of title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) and the Medicare 
     Advantage program under part C of such title prior to the 
     waiver or modification of such requirements 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)), as 
     established by statute, regulation, and sub-regulatory 
     guidance under such title.
       (2) Study and report.--
       (A) Study.--The Secretary shall conduct a study on the 
     impact of telehealth and other virtual services furnished 
     under the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.) during the emergency 
     period described in section 1135(g)(1)(B) of such Act (42 
     U.S.C. 1320b-5(g)(1)(B)). In conducting such study, the 
     Secretary shall--
       (i) assess the impact of such services on access to care, 
     health outcomes, and spending by type of physician, 
     practitioner, or other entity, and by patient demographics 
     and other characteristics that include--

       (I) age, gender, race, and type of eligibility for the 
     Medicare program;
       (II) dual eligibility for both the Medicare program and the 
     Medicaid program under title XIX of such Act (42 U.S.C. 1396 
     et seq.);
       (III) residing in an area of low-population density or a 
     health professional shortage area (as defined in section 
     332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)(A))) ;
       (IV) diagnoses, such as a diagnosis of COVID-19, a chronic 
     condition, or a mental health disorder or substance use 
     disorder;
       (V) telecommunication modality used, including extent to 
     which the services are furnished using audio-only technology;
       (VI) residing in a State other than the State in which the 
     furnishing physician, practitioner, or other entity is 
     located; and
       (VII) other characteristics and information determined 
     appropriate by the Secretary; and

       (ii) to the extent feasible, assess such impact based on--

       (I) the type of technology used to furnish the service;
       (II) the extent to which patient privacy is protected;
       (III) the extent to which documented or suspected fraud or 
     abuse occurred; and
       (IV) patient satisfaction.

       (B) Use of information.--The Secretary may use reliable 
     non-governmental sources of information in assessing the 
     impact of characteristics described in subparagraph (A) under 
     the study.
       (C) Report.--
       (i) Interim provision of information.--The Secretary shall, 
     as determined appropriate, periodically during such emergency 
     period, post on the internet website of the Centers for 
     Medicare & Medicaid services data on utilization of 
     telehealth and other virtual services under the Medicare 
     program and the impact of characteristics described in 
     subparagraph (A) on such utilization.
       (ii) Report.--Not later than 15 months after date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study conducted under subparagraph (A), 
     together with recommendations for such legislation and 
     administrative action as the Secretary determines 
     appropriate.

     SEC. 204. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES FOR 
                   FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL 
                   HEALTH CLINICS.

       (a) In General.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended--
       (1) in paragraph (4)(C)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``and (7)'' and inserting ``(7), and (8)''; and
       (B) in clause (ii)(X), by inserting ``or paragraph 
     (8)(A)(i)'' before the period; and
       (2) in paragraph (8)--
       (A) in the paragraph heading by inserting ``and for an 
     additional period after'' after ``during '';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by inserting ``and 
     the 5-year period beginning on the first day after the end of 
     such emergency period'' after ``1135(g)(1)(B)'';
       (ii) in clause (ii), by striking ``and'' at the end;
       (iii) by redesignating clause (iii) as clause (iv); and
       (iv) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the geographic requirements described in paragraph 
     (4)(C)(i) shall not apply with respect to such a telehealth 
     service; and'';
       (C) in subparagraph (B)(i)--
       (i) in the first sentence, by inserting ``and the 5-year 
     period beginning on the first day after the end of such 
     emergency period'' before the period; and
       (ii) in the third sentence, by striking ``program 
     instruction or otherwise'' and inserting ``interim final 
     rule, program instruction, or otherwise''; and
       (D) by adding at the end the following new subparagraph:
       ``(C) Requirement during additional period.--
       ``(i) In general.--During the 5-year period beginning on 
     the first day after the end of the emergency period described 
     in section 1135(g)(1)(B), payment may only be made under this 
     paragraph for a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth individual 
     if such service is furnished by a qualified provider (as 
     defined in clause (ii)).
       ``(ii) Definition of qualified provider.--For purposes of 
     this subparagraph, the term `qualified provider' means, with 
     respect to a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth 
     individual, a Federally qualified health center or rural 
     health clinic that furnished to such individual, during the 
     3-year period ending on the date the telehealth service was 
     furnished, an item or service in person for which--

       ``(I) payment was made under this title; or
       ``(II) such payment would have been made if such individual 
     were entitled to, or enrolled for, benefits under this title 
     at the time such item or service was furnished.''.

       (b) Effective Date.--The amendments made by this section 
     (other than the amendment made by subsection (a)(2)(D)) shall 
     take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).

     SEC. 205. TEMPORARY CARRYOVER FOR HEALTH AND DEPENDENT CARE 
                   FLEXIBLE SPENDING ARRANGEMENTS.

       (a) Increase in Carryover for Health Flexible Spending 
     Arrangements.--A plan or other arrangement that otherwise 
     satisfies all of the applicable requirements of sections 106 
     and 125 of the Internal Revenue Code of 1986 (including any 
     rules or regulations thereunder) shall not fail to be treated 
     as a cafeteria plan or health flexible spending arrangement 
     merely because such plan or arrangement permits participants 
     to carry over an amount not in excess of $2,750 of unused 
     benefits or contributions remaining in a health flexible 
     spending arrangement from the plan year ending in 2020 to the 
     plan year ending in 2021.
       (b) Carryover for Dependent Care Flexible Spending 
     Arrangements.--A plan or other arrangement that otherwise 
     satisfies all applicable requirements of sections 106, 125, 
     and 129 of the Internal Revenue Code of 1986 (including any 
     rules or regulations thereunder) shall not fail to be treated 
     as a cafeteria plan or dependent care flexible spending 
     arrangement merely because such plan or arrangement permits 
     participants to carry over (under rules similar to the rules 
     applicable to health flexible spending arrangements) an 
     amount, not in excess of the amount in effect under section 
     129(a)(2)(A) of

[[Page S4767]]

     such Code, of unused benefits or contributions remaining in a 
     dependent care flexible spending arrangement from the plan 
     year ending in 2020 to the plan year ending in 2021.
       (c) Retroactive Application.--An employer shall be 
     permitted to amend its cafeteria plan to effectuate the carry 
     over allowed under subsection (a) or (b), provided that such 
     amendment--
       (1) is adopted not later than the last day of the plan year 
     ending in 2020; and
       (2) provides that the carry over allowed under subsection 
     (a) or (b) shall be in effect as of the first day of the plan 
     year ending in 2020.
       (d) Definitions.--Any term used in this section which is 
     also used in section 106, 125, or 129 of the Internal Revenue 
     Code of 1986 or the rules or regulations thereunder shall 
     have the same meaning as when used in such section or rules 
     or regulations.

     SEC. 206. ON-SITE EMPLOYEE CLINICS.

       (a) In General.--Paragraph (1) of section 223(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(D) Special rule for qualified items and services.--
       ``(i) In general.--For purposes of subparagraph (A)(ii), an 
     individual shall not be treated as covered under a health 
     plan described in subclauses (I) and (II) of such 
     subparagraph merely because the individual is eligible to 
     receive, or receives, qualified items and services--

       ``(I) at a healthcare facility located at a facility owned 
     or leased by the employer of the individual (or of the 
     individual's spouse), or
       ``(II) at a healthcare facility operated primarily for the 
     benefit of employees of the employer of the individual (or of 
     the individual's spouse).

       ``(ii) Qualified items and services defined.--For purposes 
     of this subparagraph, the term `qualified items and services' 
     means the following:

       ``(I) Physical examination.
       ``(II) Immunizations, including injections of antigens 
     provided by employees.
       ``(III) Drugs or biologicals other than a prescribed drug 
     (as such term is defined in section 213(d)(3)).
       ``(IV) Treatment for injuries occurring in the course of 
     employment.
       ``(V) Preventive care for chronic conditions (as defined in 
     clause (iv)).
       ``(VI) Management of chronic conditions or diseases.
       ``(VII) Drug testing.
       ``(VIII) Hearing or vision screenings and related services.
       ``(IX) Testing, vaccines, or treatments for the virus SARS-
     CoV-2 or coronavirus disease 2019 (COVID-19).

       ``(iii) Aggregation.--For purposes of clause (i), all 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 shall be treated as a single 
     employer.
       ``(iv) Preventive care for chronic conditions.--For 
     purposes of this subparagraph, the term `preventive care for 
     chronic conditions' means any item or service specified in 
     the Appendix of Internal Revenue Service Notice 2019-45 which 
     is prescribed to treat an individual diagnosed with the 
     associated chronic condition specified in such Appendix for 
     the purpose of preventing the exacerbation of such chronic 
     condition or the development of a secondary condition, 
     including any amendment, addition, removal, or other 
     modification made by the Secretary (pursuant to the authority 
     granted to the Secretary under paragraph (2)(C)) to the items 
     or services specified in such Appendix subsequent to the date 
     of enactment of this subparagraph.
       ``(v) Termination.--This subparagraph shall not apply to 
     any taxable year beginning after December 31, 2021.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 207. SUPPORT FOR OLDER FOSTER YOUTH.

       (a) Funding Increases.--The dollar amount specified in 
     section 477(h)(1) of the Social Security Act (42 U.S.C. 
     677(h)(1)) for fiscal year 2020 is deemed to be $193,000,000.
       (b) Programmatic Flexibility.--During the COVID-19 public 
     health emergency:
       (1) Suspension of certain requirements under the education 
     and training voucher program.--The Secretary may allow a 
     State to waive the applicability of the requirement in 
     section 477(i)(3) of the Social Security Act (42 U.S.C. 
     677(i)(3)) that a youth must be enrolled in a postsecondary 
     education or training program or making satisfactory progress 
     toward completion of that program if a youth is unable to 
     meet these requirements due to the public health emergency.
       (2) Authority to waive limitations on percentage of funds 
     used for housing assistance and eligibility for such 
     assistance.--Notwithstanding subsections (b)(3)(B) and 
     (b)(3)(C) of section 477 of the Social Security Act (42 
     U.S.C. 677), a State may--
       (A) use more than 30 percent of the amounts paid to the 
     State from its allotment under subsection (c) of such section 
     for a fiscal year for room or board payments; and
       (B) expend amounts paid to the State from its allotment 
     under subsection (c) of such section for a fiscal year for 
     room or board for youth who have attained age 18, are no 
     longer in foster care or otherwise eligible for services 
     under such section, and experienced foster care at 14 years 
     of age or older.
       (c) Special Rules.--
       (1) Nonapplication of matching funds requirement for 
     increased funding.--With respect to the amount allotted to a 
     State under section 477(c)(1) of the Social Security Act (42 
     U.S.C. 677(c)(1)) for fiscal year 2020, the Secretary shall 
     apply section 474(a)(4)(A)(i) of such Act (42 U.S.C. 
     674(a)(4)(A)(i)) to the additional amount of such allotment 
     resulting from the deemed increase in the dollar amount 
     specified in section 477(h)(1) of such Act (42 U.S.C. 
     677(h)(1)) for fiscal year 2020 under subsection (a) by 
     substituting ``100 percent'' for ``80 percent''.
       (2) No reservation for evaluation, technical assistance, 
     performance measurement, and data collection activities.--
     Section 477(g)(2) of such Act (42 U.S.C. 677(g)(2)) shall not 
     apply to the portion of the deemed dollar amount for section 
     477(h)(1) of such Act (42 U.S.C. 677(h)(1)) for fiscal year 
     2020 under subsection (a) that exceeds the dollar amount 
     specified in that section for such fiscal year.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act on January 31, 2020, entitled 
     ``Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus'' and 
     includes any renewal of such declaration pursuant to such 
     section 319.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 208. COURT IMPROVEMENT PROGRAM.

       (a) Temporary Funding Increases.--Out of any money in the 
     Treasury of the United States not otherwise appropriated, 
     there are appropriated to the Secretary, $10,000,000 for 
     fiscal year 2020 for making grants in accordance with this 
     section to the highest State courts described in section 438 
     of the Social Security Act (42 U.S.C. 629h). Grants made 
     under this section shall be considered to be Court 
     Improvement Program grants made under such section 438, 
     subject to the succeeding provisions of this section.
       (b) Distribution of Funds.--
       (1) In general.--From the amount appropriated under 
     subsection (a), the Secretary shall--
       (A) reserve up to $500,000 for Tribal court improvement 
     activities; and
       (B) pay from the amount remaining after the application of 
     subparagraph (A), a grant to each highest State court that is 
     approved to receive a grant under section 438 of the Social 
     Security Act for the purpose described in subsection (a)(3) 
     of that section for fiscal year 2020 .
       (2) Amount.--The amount of the grant awarded to a highest 
     State court under this section is equal to the sum of--
       (A) $85,000; and
       (B) the amount that bears the same ratio to the amount 
     appropriated under subsection (a) that remains after the 
     application of paragraph (1)(A) and subparagraph (A) of this 
     paragraph, as the number of individuals in the State who have 
     not attained 21 years of age bears to the total number of 
     such individuals in all States (based on the most recent year 
     for which data are available from the Bureau of the Census).
       (3) Other rules.--
       (A) In general.--The grants awarded to the highest State 
     courts under this section shall be in addition to any grants 
     made to such courts under section 438 of such Act for any 
     fiscal year.
       (B) No matching requirement.--The limitation on the use of 
     funds specified in section 438(d) of such Act (42 U.S.C. 
     629h(d)) shall not apply to the grants awarded under this 
     section.
       (C) No additional application.--The Secretary shall award 
     grants to the highest State courts under this section without 
     requiring such courts to submit an additional application.
       (D) Reports.--The Secretary may establish reporting 
     criteria specific to the grants awarded under this section.
       (E) Redistribution of funds.--If a highest State court does 
     not accept a grant awarded under this section, or does not 
     agree to comply with any reporting requirements imposed under 
     subparagraph (D) or the use of funds requirements specified 
     in subsection (c), the Secretary shall redistribute the grant 
     funds that would have been awarded to that court among the 
     other highest State courts that are awarded grants under this 
     section and agree to comply with such reporting and use of 
     funds requirements.
       (c) Use of Funds.--A highest State court awarded a grant 
     under this section shall use the grant funds to address needs 
     stemming from the COVID-19 public health emergency, which may 
     include any of the following:
       (1) Technology investments to facilitate the transition to 
     remote hearings for dependency courts when necessary as a 
     direct result of the COVID-19 public health emergency.
       (2) Training for judges, attorneys, and caseworkers on 
     facilitating and participating in remote technology hearings 
     that still comply with due process, meet Congressionally 
     mandated requirements, ensure child safety and well-being, 
     and help inform judicial decision-making.
       (3) Programs to help families address aspects of the case 
     plan to avoid delays in legal proceedings that would occur as 
     a direct result of the COVID-19 public health emergency.

[[Page S4768]]

       (4) Other purposes to assist courts, court personnel, or 
     related staff related to the COVID-19 public health 
     emergency.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act on January 31, 2020, entitled 
     ``Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus'' and 
     includes any renewal of such declaration pursuant to such 
     section 319.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

Subtitle B--Emergency Support and COVID-19 Protection for Nursing Homes

     SEC. 211. DEFINITIONS.

       In this subtitle:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (4) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (7) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).

     SEC. 212. ESTABLISHING COVID-19 STRIKE TEAMS FOR NURSING 
                   FACILITIES.

       (a) In General.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (b) Mission and Composition of Strike Teams.--
       (1) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (2) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (A) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (B) the mission of the team;
       (C) the authority of the individual to perform the team 
     mission;
       (D) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (E) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (F) the required security background checks that the 
     individual has passed.
       (3) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (4) Team and member authority.--A team and team member may 
     not use the letter of authorization described in paragraph 
     (2) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (5) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this section and any other procedures deemed necessary for 
     the team's operation.
       (6) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this section shall 
     supplement and not supplant response efforts carried out by a 
     State strike team or a technical assistance team established 
     by the Secretary during the COVID-19 public health emergency 
     period

     SEC. 213. PROMOTING COVID-19 TESTING AND INFECTION CONTROL IN 
                   NURSING FACILITIES.

       (a) Nursing Home Protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council, is 
     authorized during the COVID-19 public health emergency period 
     to enhance efforts by participating providers to respond to 
     COVID-19, including through--
       (1) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of subsection (b);
       (2) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (3) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and other individuals to facilitate the implementation 
     of subsection (c); and
       (4) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (b) Training on Best Practices in Infection Control and 
     Prevention.--
       (1) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (2) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (3) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (4) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.

     SEC. 214. PROMOTING TRANSPARENCY IN COVID-19 REPORTING BY 
                   NURSING FACILITIES.

       Not later than 10 days after the date of enactment of this 
     Act, and at least weekly thereafter during the COVID-19 
     public health emergency period, the Secretary shall provide 
     the Governor of each State with a list of all participating 
     providers in the State with respect to which the reported 
     cases of COVID-19 in visitors to, personnel of, and residents 
     of, such providers increased during the previous week (or, in 
     the case of the first such list, during the 10-day period 
     beginning on the date of enactment of this Act).

     SEC. 215. FUNDING.

       The Secretary may use amounts appropriated for COVID-19 
     response and related activities pursuant to the CARES Act 
     (Public Law 116-136) and subsequently enacted legislation to 
     carry out this subtitle.
                                 ______
                                 
  SA 2512. Mr. MORAN (for himself and Mr. Blumenthal) proposed an 
amendment to the bill S. 2330, to amend the Ted Stevens Olympic and 
Amateur Sports Act to provide for congressional oversight of the board 
of directors of the United States Olympic and Paralympic Committee and 
to protect amateur athletes from emotional, physical, and sexual abuse, 
and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Empowering Olympic, 
     Paralympic, and Amateur Athletes Act of 2020''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
                                 ______
                                 
  SA 2513. Mr. CASSIDY (for himself, Mr. Daines, Mr. Romney, and Mr. 
Rubio) submitted an amendment intended to be proposed to amendment SA 
2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross 
human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SUPPLEMENTARY 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 6428 the following new section:

     ``SEC. 6428A. SUPPLEMENTARY 2020 RECOVERY REBATES FOR 
                   INDIVIDUALS.

       ``(a) In General.--In addition to the credit allowed under 
     section 6428, 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--

[[Page S4769]]

       ``(1) $1,000 ($2,000 in the case of eligible individuals 
     filing a joint return), plus
       ``(2) an amount equal to the product of $1,000 multiplied 
     by the number of dependents (as defined in section 152(a)) 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.--In the case of any taxpayer who does not 
     include the valid identification number of such taxpayer on 
     the return of tax for the taxable year, subsection (a)(1) 
     shall be applied by substituting `$0' for `$1,000'.
       ``(2) Joint returns.--In the case of a joint return--
       ``(A) if the valid identification number of only 1 spouse 
     is included on the return of tax for the taxable year--
       ``(i) subsection (a)(1) shall be applied by substituting 
     `$1,000' for `$2,000', and
       ``(ii) subsection (c)(1) shall be applied by substituting 
     `$75,000' for `$150,000', or
       ``(B) if the valid identification number of neither spouse 
     is included on the return of tax for the taxable year, 
     subsection (a)(1) shall be applied by substituting `$0' for 
     `$2,000'.
       ``(3) Dependent.--A dependent of a taxpayer shall not be 
     taken into account under subsection (a)(2) unless--
       ``(A) the taxpayer includes the valid identification number 
     of such taxpayer (or, in the case of a joint return, the 
     valid identification number of at least 1 spouse) on the 
     return of tax for the taxable year, and
       ``(B) the valid identification number of such dependent is 
     included on the return of tax for the taxable year.
       ``(4) Valid identification number.--
       ``(A) In general.--For purposes of this subsection, 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 (3)(B), in the case of a dependent who 
     is adopted or placed for adoption, the term `valid 
     identification number' shall include the adoption taxpayer 
     identification number of such dependent.
       ``(5) Special rule for members of the armed forces.--
     Paragraph (2) 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 the valid 
     identification number of at least 1 spouse is included on the 
     return of tax for the taxable year.
       ``(6) 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) Definition of Deficiency.--Section 6211(b)(4)(A) of the 
     Internal Revenue Code of 1986 is amended by striking ``and 
     6428'' and inserting ``6428, and 6428A''.
       (c) Treatment of Possessions.--Rules similar to the rules 
     of subsection (c) of section 2201 of the CARES Act (Public 
     Law 116-136) shall apply for purposes of this section.
       (d) Exception From Reduction or Offset.--Any credit or 
     refund allowed or made to any individual by reason of section 
     6428A 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 6428A 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) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``6428A,'' after 
     ``6428,''.
       (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 6428 the 
     following:

``Sec. 6428A. Supplementary 2020 Recovery Rebates for individuals.''.
                                 ______
                                 
  SA 2514. Ms. McSALLY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF COVID-19 RELIEF FUNDS TO 
                   PURCHASE GOODS OR SERVICES FROM COMMUNIST 
                   CHINESE MILITARY COMPANIES.

       (a) In General.--None of the funds described in subsection 
     (b) may be obligated or expended to purchase goods or 
     services from a person on the list required by section

[[Page S4770]]

     1237(b) of the Strom Thurmond National Defense Authorization 
     Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 
     note).
       (b) Funds Described.--Funds described in this subsection 
     are--
       (1) funds made available under this Act;
       (2) funds made available, and available for obligation as 
     of the date of the enactment of this Act, under--
       (A) the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123; 134 Stat. 146);
       (B) the Families First Coronavirus Response Act (Public Law 
     116-127; 134 Stat. 177);
       (C) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136); or
       (D) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620); or
       (3) funds made available under any Act enacted after the 
     date of the enactment of this Act to provide additional 
     funding relating to the COVID-19 pandemic.
       (c) Application to Private Entities and State and Local 
     Governments.--
       (1) In general.--The prohibition under subsection (a) 
     includes a prohibition on the obligation or expenditure of 
     funds described in subsection (b) for the purchase of goods 
     or services from persons described in subsection (a) by a 
     private entity or a State or local government that received 
     such funds through a grant or any other means.
       (2) Certification required to receive future funds.--On and 
     after the date of the enactment of this Act, the head of an 
     executive agency may not provide funds described in 
     subsection (b) to a private entity or a State or local 
     government unless the entity or government certifies that the 
     entity or government, as the case may be, is not purchasing 
     goods or services from a person described in subsection (a).
       (d) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given that term in 
     section 133 of title 41, United States Code.
                                 ______
                                 
  SA 2515. Ms. McSALLY (for herself, Mr. Daines, Mr. Cornyn, and Mr. 
Sullivan) submitted an amendment intended to be proposed to amendment 
SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross 
human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

          Subtitle __--Continuous Health Coverage for Workers

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Continuous Health 
     Coverage for Workers Act''.

     SEC. 202. PRESERVING HEALTH BENEFITS FOR WORKERS.

       (a) Provision of Premium Assistance.--
       (1) Reduction of premiums payable.--
       (A) COBRA continuation coverage.--In the case of any 
     premium for a period of coverage during the period beginning 
     on the first day of the first month that begins after the 
     date of enactment of this Act and ending on December 31, 
     2020, for COBRA continuation coverage with respect to any 
     assistance eligible individual described in subsection 
     (c)(1), such individual shall be treated for purposes of any 
     COBRA continuation provision as having paid the amount of 
     such premium if such individual pays (and any person other 
     than such individual's employer pays on behalf of such 
     individual) the greater of 15 percent of the amount of such 
     premium owed by such individual (as determined without regard 
     to this subsection) or the amount of the premium that a 
     similarly situated individual enrolled in the plan who is not 
     an assistance eligible individual is (or would be, if so 
     enrolled) required to pay with respect to the plan (after any 
     employer contribution).
       (B) Church plans.--In the case of any premium for a period 
     of coverage during the period beginning on the first day of 
     the first month that begins after the date of enactment of 
     this Act and ending on December 31, 2020, for coverage under 
     a church plan with respect to any assistance eligible 
     individual described in subsection (c)(2), such individual 
     shall be treated for purposes of the individual's coverage 
     under such plan as having paid the amount of such premium if 
     such individual pays (and any person other than such 
     individual's employer pays on behalf of such individual) the 
     greater of 15 percent of the amount of such premium owed by 
     such individual (as determined without regard to this 
     subsection) or the amount of the premium that a similarly 
     situated individual enrolled in the plan who is not an 
     assistance eligible individual is (or would be, if so 
     enrolled) required to pay with respect to the plan (after any 
     employer contribution).
       (C) Furloughed continuation coverage.--In the case of any 
     premium for a period of coverage during the period beginning 
     on the first day of the first month that begins after the 
     date of enactment of this Act and ending on December 31, 
     2020, for coverage under a group health plan with respect to 
     any assistance eligible individual described in subsection 
     (c)(3), such individual shall be treated for purposes of the 
     individual's coverage under such plan as having paid the 
     amount of such premium if such individual pays (and any 
     person other than such individual's employer pays on behalf 
     of such individual) the greater of 15 percent of the amount 
     of such premium owed by such individual (as determined 
     without regard to this subsection) or the amount of the 
     premium that a similarly situated individual enrolled in the 
     plan who is not an assistance eligible individual is (or 
     would be, if so enrolled) required to pay with respect to the 
     plan (after any employer contribution).
       (2) Plan enrollment option.--
       (A) In general.--Any assistance eligible individual who is 
     enrolled in a group health plan offered by a plan sponsor 
     may, not later than 90 days after the date of notice of the 
     plan enrollment option described in this paragraph, elect to 
     enroll in coverage under a plan offered by such plan sponsor 
     that is different than coverage under the plan in which such 
     individual was enrolled at the time--
       (i) in the case of any assistance eligible individual 
     described in subsection (c)(1), the qualifying event 
     specified in section 603(2) of the Employee Retirement Income 
     Security Act of 1974, section 4980B(f)(3)(B) of the Internal 
     Revenue Code of 1986, section 2203(2) of the Public Health 
     Service Act, or section 8905a of title 5, United States Code 
     (except for the voluntary termination of such individual's 
     employment by such individual), occurred, and such coverage 
     shall be treated as COBRA continuation coverage for purposes 
     of the applicable COBRA continuation provision;
       (ii) in the case of an assistance eligible individual 
     described in subsection (c)(2), the termination or reduction 
     of hours of employment of such individual occurred; or
       (iii) in the case of any assistance eligible individual 
     described in subsection (c)(3), the furlough period began 
     with respect to such individual.
       (B) Requirements.--Any assistance eligible individual may 
     elect to enroll in different coverage as described in 
     subparagraph (A) only if--
       (i) the employer involved has made a determination that 
     such employer will permit such assistance eligible individual 
     to enroll in different coverage as provided under this 
     paragraph;
       (ii) the premium for such different coverage does not 
     exceed the premium for coverage in which such individual was 
     enrolled at the time such qualifying event occurred or 
     immediately before such furlough began;
       (iii) the different coverage in which the individual elects 
     to enroll is coverage that is also offered to the active 
     employees of the employer, who are not in a furlough period, 
     at the time at which such election is made; and
       (iv) the different coverage in which the individual elects 
     to enroll is not--

       (I) coverage that provides only dental, vision, counseling, 
     or referral services (or a combination of such services);
       (II) a qualified small employer health reimbursement 
     arrangement (as defined in section 9831(d)(2) of the Internal 
     Revenue Code of 1986);
       (III) a flexible spending arrangement (as defined in 
     section 106(c)(2) of the Internal Revenue Code of 1986); or
       (IV) benefits that provide coverage for services or 
     treatments furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination of such care).

       (3) Premium reimbursement.--For provisions providing the 
     payment of such premium, see section 6432 of the Internal 
     Revenue Code of 1986, as added by section 203(a).
       (b) Limitation of Period of Premium Assistance.--
       (1) Eligibility for additional coverage.--Subsection (a)(1) 
     shall not apply with respect to--
       (A) any assistance eligible individual described in 
     subsection (c)(1) for months of coverage beginning on or 
     after the earlier of--
       (i) the first date that such individual is eligible for 
     coverage under any other group health plan (other than 
     coverage consisting of only dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination thereof)), or eligible for benefits 
     under the Medicare program under title XVIII of the Social 
     Security Act; or
       (ii) the earlier of--

       (I) the date following the expiration of the maximum period 
     of continuation coverage required under the applicable COBRA 
     continuation coverage provision; or
       (II) the date following the expiration of the period of 
     continuation coverage allowed under subsection (d)(2)(B);

       (B) any assistance eligible individual described in 
     subsection (c)(2) for months of coverage beginning on or 
     after the earlier of--
       (i) the first date that such individual is eligible for 
     coverage under any other group health plan (other than 
     coverage consisting of only dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or

[[Page S4771]]

     a combination thereof)), or eligible for benefits under the 
     Medicare program under title XVIII of the Social Security 
     Act; or
       (ii) the first date on which the church plan is no longer 
     available to such individual; or
       (C) any assistance eligible individual described in 
     paragraph (3)(C) for months of coverage beginning on or after 
     the earlier of--
       (i) the first date that such individual is eligible for 
     coverage under any other group health plan (other than 
     coverage consisting of only dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination thereof)), or eligible for benefits 
     under the Medicare program under title XVIII of the Social 
     Security Act; or
       (ii) the first date that such individual is no longer in 
     the furlough period.
       (2) Notification requirement.--Any assistance eligible 
     individual shall notify the group health plan with respect to 
     which subsection (a)(1) applies if such paragraph ceases to 
     apply by reason of subparagraph (A)(i), (B)(i), or (C)(i) of 
     paragraph (1) (as applicable). Such notice shall be provided 
     to the group health plan in such time and manner as may be 
     specified by the Secretary of Labor.
       (3) Special enrollment period following expiration of 
     premium assistance.--Notwithstanding section 1311 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 18031), 
     the expiration of premium assistance pursuant to a limitation 
     specified under paragraph (1) shall be treated as a 
     qualifying event for which any assistance eligible individual 
     is eligible to enroll in a qualified health plan offered 
     through an Exchange under title I of such Act (42 U.S.C. 
     18001 et seq.) during a special enrollment period.
       (c) Assistance Eligible Individual.--For purposes of this 
     section, the term ``assistance eligible individual'' means, 
     with respect to a period of coverage during the period 
     beginning on the first day of the first month that begins 
     after the date of enactment of this Act and ending on 
     December 31, 2020--
       (1) any individual that is a qualified beneficiary that--
       (A) is eligible for COBRA continuation coverage by reason 
     of a qualifying event specified in section 603(2) of the 
     Employee Retirement Income Security Act of 1974, section 
     4980B(f)(3)(B) of the Internal Revenue Code of 1986, section 
     2203(2) of the Public Health Service Act, or section 8905a of 
     title 5, United States Code (except for the voluntary 
     termination of such individual's employment by such 
     individual); and
       (B) elects such coverage;
       (2) any individual who--
       (A) is terminated from (other than by reason of such 
     employee's gross misconduct or voluntary termination), or is 
     subject to a reduction in hours with respect to, employment 
     with an employer who offers a church plan, if the employer 
     voluntarily offers coverage under such plan to such 
     individual after the termination or reduction of hours, or is 
     a beneficiary of such an individual who is terminated or 
     subject to a reduction of hours, if the employer voluntarily 
     offers coverage under such plan to such beneficiary; and
       (B) elects such coverage; or
       (3) any covered employee that is in a furlough period that 
     remains eligible for coverage under a group health plan 
     offered by the employer of such covered employee.
       (d) Extension of Election Period and Effect on Coverage.--
       (1) In general.--For purposes of applying section 605(a) of 
     the Employee Retirement Income Security Act of 1974, section 
     4980B(f)(5)(A) of the Internal Revenue Code of 1986, section 
     2205(a) of the Public Health Service Act, and section 
     8905a(c)(2) of title 5, United States Code, in the case of--
       (A) an individual who does not have an election of COBRA 
     continuation coverage in effect on the date of the enactment 
     of this Act but who would be an assistance eligible 
     individual described in subsection (c)(1) if such election 
     were so in effect; or
       (B) an individual who elected COBRA continuation coverage 
     on or after March 1, 2020, and discontinued from such 
     coverage before the date of the enactment of this Act,
     such individual may elect the COBRA continuation coverage 
     under the COBRA continuation coverage provisions containing 
     such provisions during the period beginning on the date of 
     the enactment of this Act and ending 60 days after the date 
     on which the notification required under subsection (g)(3) is 
     provided to such individual.
       (2) Commencement of cobra continuation coverage.--Any COBRA 
     continuation coverage elected by a qualified beneficiary 
     during an extended election period under paragraph (1)--
       (A) shall apply as if such qualified beneficiary had been 
     covered as of the date of a qualifying event specified in 
     section 603(2) of the Employee Retirement Income Security Act 
     of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code 
     of 1986, section 2203(2) of the Public Health Service Act, or 
     section 8905a of title 5, United States Code, except for the 
     voluntary termination of such beneficiary's employment by 
     such beneficiary, that occurs no earlier than March 1, 2020 
     (including the treatment of premium payments under subsection 
     (a)(1) and any cost-sharing requirements for items and 
     services under a group health plan); and
       (B) shall not extend beyond the period of COBRA 
     continuation coverage that would have been required under the 
     applicable COBRA continuation coverage provision if the 
     coverage had been elected as required under such provision.
       (e) Expedited Review of Denials of Premium Assistance.--In 
     any case in which an individual requests treatment as an 
     assistance eligible individual described in paragraph (1), 
     (2), or (3) of subsection (c) and is denied such treatment by 
     the group health plan, the Secretary of Labor (or the 
     Secretary of Health and Human Services in connection with 
     COBRA continuation coverage or a church plan which is 
     provided other than pursuant to part 6 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974), in 
     consultation with the Secretary of the Treasury, shall 
     provide for expedited review of such denial. An individual 
     shall be entitled to such review upon application to such 
     Secretary in such form and manner as shall be provided by 
     such Secretary, in consultation with the Secretary of 
     Treasury. Such Secretary shall make a determination regarding 
     such individual's eligibility within 15 business days after 
     receipt of such individual's application for review under 
     this subsection. Either Secretary's determination upon review 
     of the denial shall be de novo and shall be the final 
     determination of such Secretary. A reviewing court shall 
     grant deference to such Secretary's determination. The 
     provisions of this subsection, subsections (a) through (e), 
     and subsections (g) through (i) shall be treated as 
     provisions of title I of the Employee Retirement Income 
     Security Act of 1974 for purposes of part 5 of subtitle B of 
     such title.
       (f) Disregard of Subsidies for Purposes of Federal and 
     State Programs.--Notwithstanding any other provision of law, 
     any premium assistance with respect to an assistance eligible 
     individual under this section shall not be considered income, 
     in-kind support, or resources for purposes of determining the 
     eligibility of the recipient (or the recipient's spouse or 
     family) for benefits or assistance, or the amount or extent 
     of benefits or assistance, or any other benefit provided 
     under any Federal program or any program of a State or 
     political subdivision thereof financed in whole or in part 
     with Federal funds.
       (g) COBRA-specific Notice.--
       (1) General notice.--
       (A) In general.--In the case of notices provided under 
     section 606(a)(4) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 
     the Internal Revenue Code of 1986, section 2206(4) of the 
     Public Health Service Act (42 U.S.C. 300bb-6(4)), or section 
     8905a(f)(2)(A) of title 5, United States Code, with respect 
     to individuals who, during the period described in subsection 
     (c), become entitled to elect COBRA continuation coverage, 
     the requirements of such provisions shall not be treated as 
     met unless such notices include an additional notification to 
     the recipient, in writing, in clear and understandable 
     language of--
       (i) the availability of premium assistance with respect to 
     such coverage under this section; and
       (ii) the option to enroll in different coverage if the 
     employer permits assistance eligible individuals described in 
     subsection (c)(1) to elect enrollment in different coverage 
     (as described in subsection (a)(2)).
       (B) Alternative notice.--In the case of COBRA continuation 
     coverage to which the notice provision under such sections 
     does not apply, the Secretary of Labor, in consultation with 
     the Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall, in consultation with administrators of 
     the group health plans (or other entities) that provide or 
     administer the COBRA continuation coverage involved, provide 
     rules requiring the provision of such notice.
       (C) Form.--The requirement of the additional notification 
     under this paragraph may be met by amendment of existing 
     notice forms or by inclusion of a separate document with the 
     notice otherwise required.
       (2) Specific requirements.--Each additional notification 
     under paragraph (1) shall include--
       (A) the forms necessary for establishing eligibility for 
     premium assistance under this section;
       (B) the name, address, and telephone number necessary to 
     contact the plan administrator and any other person 
     maintaining relevant information in connection with such 
     premium assistance;
       (C) a description of the extended election period provided 
     for in subsection (d)(1);
       (D) a description of the obligation of the qualified 
     beneficiary under subsection (b)(2) and the penalty provided 
     under section 6720C of the Internal Revenue Code of 1986 for 
     failure to carry out the obligation;
       (E) a description, displayed in a prominent manner, of the 
     qualified beneficiary's right to a reduced premium and any 
     conditions on entitlement to the reduced premium;
       (F) a description of the option of the qualified 
     beneficiary to enroll in different coverage if the employer 
     permits such beneficiary to elect to enroll in such different 
     coverage under subsection (a)(2); and
       (G) information regarding any Exchange established under 
     title I of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18001 et seq.) through which a qualified beneficiary 
     may be eligible to enroll in a qualified health plan, 
     including--
       (i) the publicly accessible internet website address for 
     such Exchange;

[[Page S4772]]

       (ii) the publicly accessible internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov internet 
     website (or a successor website);
       (iii) a clear explanation that--

       (I) an individual who is eligible for continuation coverage 
     may also be eligible to enroll, with financial assistance, in 
     a qualified health plan offered through such Exchange, but, 
     in the case that such individual elects to enroll in such 
     continuation coverage and subsequently elects to terminate 
     such continuation coverage before the period of such 
     continuation coverage expires, such termination does not 
     initiate a special enrollment period (absent a qualifying 
     event specified in section 603(2) of the Employee Retirement 
     Income Security Act of 1974, section 4980B(f)(3)(B) of the 
     Internal Revenue Code of 1986, section 2203(2) of the Public 
     Health Service Act, or section 8905a of title 5, United 
     States Code, with respect to such individual); and
       (II) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;

       (iv) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of such Act (42 U.S.C. 
     18022(b))) and the requirements applicable to such a 
     qualified health plan under part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg et seq.);
       (v) information on the availability of financial assistance 
     with respect to enrolling in a qualified health plan, 
     including the maximum income limit for eligibility for the 
     premium tax credit under section 36B of the Internal Revenue 
     Code of 1986; and
       (vi) information on any special enrollment periods during 
     which any assistance eligible individual described in 
     subsection (c)(1)(A) may be eligible to enroll, with 
     financial assistance, in a qualified health plan offered 
     through such Exchange (including a special enrollment period 
     for which an individual may be eligible due to the expiration 
     of premium assistance pursuant to a limitation specified 
     under subsection (b)(1)); and
       (H) information regarding compliance with the requirements 
     of subsection (n).
       (3) Notice in connection with extended election periods.--
     In the case of any assistance eligible individual described 
     in subsection (c)(1) (or any individual described in 
     subsection (d)(1)) who became entitled to elect COBRA 
     continuation coverage before the date of the enactment of 
     this Act, the administrator of the applicable group health 
     plan (or other entity) shall provide (within 60 days after 
     the date of enactment of this Act) for the additional 
     notification required to be provided under paragraph (1) and 
     failure to provide such notice shall be treated as a failure 
     to meet the notice requirements under the applicable COBRA 
     continuation provision.
       (4) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual described in subsection (c)(1)--
       (A) the Secretary of Labor, in consultation with the 
     Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall prescribe models for the additional 
     notification required under this paragraph (other than the 
     additional notification described in subparagraph (B)); and
       (B) in the case of any additional notification provided 
     pursuant to paragraph (1) under section 8905a(f)(2)(A) of 
     title 5, United States Code, the Office of Personnel 
     Management shall prescribe a model for such additional 
     notification.
       (h) Furlough-specific Notice.--
       (1) In general.--With respect to any assistance eligible 
     individual described in subsection (c)(3) who, during the 
     period described in such paragraph, becomes eligible for 
     assistance pursuant to subsection (a)(1)(C), the requirements 
     of section 606(a)(4) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1166(4)), section 
     4980B(f)(6)(D) of the Internal Revenue Code of 1986, section 
     2206(4) of the Public Health Service Act (42 U.S.C. 300bb-
     6(4)), or section 8905a(f)(2)(A) of title 5, United States 
     Code, shall not be treated as met unless the group health 
     plan administrator, in accordance with the timing requirement 
     specified under paragraph (2), provides to the individual a 
     written notice in clear and understandable language of--
       (A) the availability of premium assistance with respect to 
     such coverage under this section;
       (B) the option of the qualified beneficiary to enroll in 
     different coverage if the employer permits such beneficiary 
     to elect to enroll in such different coverage under 
     subsection (a)(2); and
       (C) the information specified under subsection (g)(2) (as 
     applicable).
       (2) Timing specified.--For purposes of paragraph (1), the 
     timing requirement specified in this paragraph is--
       (A) with respect to such an individual who is within a 
     furlough period during the period beginning on March 1, 2020, 
     and ending on the date of the enactment of this Act, 30 days 
     after the date of such enactment; and
       (B) with respect to such an individual who is within a 
     furlough period during the period beginning on the first day 
     after the date of the enactment of this Act and ending on 
     December 31, 2020, 30 days after the date of the beginning of 
     such furlough period.
       (3) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual described in subsection (c)(3)--
       (A) the Secretary of Labor, in consultation with the 
     Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall prescribe models for the notification 
     required under this paragraph (other than the notification 
     described in subparagraph (B)); and
       (B) in the case of any notification provided pursuant to 
     paragraph (1) under section 8905a(f)(2)(A) of title 5, United 
     States Code, the Office of Personnel Management shall 
     prescribe a model for such notification.
       (i) Notice of Expiration of Period of Premium Assistance.--
       (1) In general.--With respect to any assistance eligible 
     individual (as applicable), subject to paragraph (2), the 
     requirements of section 606(a)(4) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1166(4)), section 
     4980B(f)(6)(D) of the Internal Revenue Code of 1986, section 
     2206(4) of the Public Health Service Act (42 U.S.C. 300bb-
     6(4)), or section 8905a(f)(2)(A) of title 5, United States 
     Code, shall not be treated as met unless the employer of the 
     individual, during the period specified under paragraph (3), 
     provides to such individual a written notice in clear and 
     understandable language--
       (A) that the premium assistance for such individual will 
     expire soon and the prominent identification of the date of 
     such expiration;
       (B) that such individual may be eligible for coverage 
     without any premium assistance through--
       (i) COBRA continuation coverage; or
       (ii) coverage under a group health plan;
       (C) that the expiration of premium assistance is treated as 
     a qualifying event for which any assistance eligible 
     individual is eligible to enroll in a qualified health plan 
     offered through an Exchange under title I of such Act (42 
     U.S.C. 18001 et seq.) during a special enrollment period; and
       (D) the information specified in subsection (g)(2)(G).
       (2) Exception.--The requirement for the group health plan 
     administrator to provide the written notice under paragraph 
     (1) shall be waived in the case the premium assistance for 
     such individual expires pursuant to subparagraph (A)(i) or 
     (C)(i) of subsection (b)(1).
       (3) Period specified.--For purposes of paragraph (1), the 
     period specified in this paragraph is, with respect to the 
     date of expiration of premium assistance for any assistance 
     eligible individual pursuant to a limitation requiring a 
     notice under this subsection, the period beginning on the day 
     that is 45 days before the date of such expiration and ending 
     on the day that is 15 days before the date of such 
     expiration.
       (4) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual--
       (A) the Secretary of Labor, in consultation with the 
     Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall prescribe models for the notification 
     required under this subsection (other than the notification 
     described in subparagraph (B)); and
       (B) in the case of any notification provided pursuant to 
     paragraph (1) under section 8905a(f)(2)(A) of title 5, United 
     States Code, the Office of Personnel Management shall 
     prescribe a model for such notification.
       (j) Regulations.--The Secretary of the Treasury and the 
     Secretary of Labor may jointly prescribe such regulations or 
     other guidance as may be necessary or appropriate to carry 
     out the provisions of this section, including the prevention 
     of fraud and abuse under this section, except that the 
     Secretary of Labor and the Secretary of Health and Human 
     Services may prescribe such regulations (including interim 
     final regulations) or other guidance as may be necessary or 
     appropriate to carry out the provisions of subsections (e), 
     (g), (h), (i), and (k).
       (k) Outreach.--
       (1) In general.--The Secretary of Labor, in consultation 
     with the Secretary of the Treasury and the Secretary of 
     Health and Human Services, shall provide outreach consisting 
     of public education and enrollment assistance relating to 
     premium assistance provided under this section. Such outreach 
     shall target employers, group health plan administrators, 
     public assistance programs, States, insurers, and other 
     entities as determined appropriate by such Secretaries. Such 
     outreach shall include an initial focus on those individuals 
     electing continuation coverage who are referred to in 
     subsection (g)(3). Information on such premium assistance, 
     including enrollment, shall also be made available on 
     websites of the Departments of Labor, Treasury, and Health 
     and Human Services.
       (2) Enrollment under medicare.--The Secretary of Health and 
     Human Services shall provide outreach consisting of public 
     education. Such outreach shall target individuals who lose 
     health insurance coverage. Such outreach shall include 
     information regarding enrollment for benefits under title 
     XVIII of the Social Security Act (42 U.S.C.

[[Page S4773]]

     1395 et seq.) for purposes of preventing mistaken delays of 
     such enrollment by such individuals, including lifetime 
     penalties for failure of timely enrollment.
       (l) Definitions.--For purposes of this section:
       (1) Administrator.--The term ``administrator'' has the 
     meaning given such term in section 3(16)(A) of the Employee 
     Retirement Income Security Act of 1974.
       (2) Church plan.--The term ``church plan'' means a plan, as 
     described in section 414(e) of the Internal Revenue Code of 
     1986, that provides medical care to employees or their 
     dependents.
       (3) COBRA continuation coverage.--The term ``COBRA 
     continuation coverage'' means continuation coverage provided 
     pursuant to part 6 of subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (other than under 
     section 609), title XXII of the Public Health Service Act, 
     section 4980B of the Internal Revenue Code of 1986 (other 
     than subsection (f)(1) of such section insofar as it relates 
     to pediatric vaccines), or section 8905a of title 5, United 
     States Code, or under a State program that provides 
     comparable continuation coverage. Such term does not include 
     coverage under a health flexible spending arrangement under a 
     cafeteria plan within the meaning of section 125 of the 
     Internal Revenue Code of 1986.
       (4) COBRA continuation provision.--The term ``COBRA 
     continuation provision'' means the provisions of law 
     described in paragraph (3).
       (5) Covered employee.--The term ``covered employee'' has 
     the meaning given such term in section 607(2) of the Employee 
     Retirement Income Security Act of 1974.
       (6) Qualified beneficiary.--The term ``qualified 
     beneficiary'' has the meaning given such term in section 
     607(3) of the Employee Retirement Income Security Act of 
     1974.
       (7) Group health plan.--The term ``group health plan'' has 
     the meaning given such term in section 607(1) of the Employee 
     Retirement Income Security Act of 1974.
       (8) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (9) Period of coverage.--Any reference in this section to a 
     period of coverage shall be treated as a reference to a 
     monthly or shorter period of coverage with respect to which 
     premiums are charged with respect to such coverage.
       (10) Plan sponsor.--The term ``plan sponsor'' has the 
     meaning given such term in section 3(16)(B) of the Employee 
     Retirement Income Security Act of 1974.
       (11) Furlough period.--
       (A) In general.--The term ``furlough period'' means, with 
     respect to an individual and an employer of such individual, 
     a period--
       (i) beginning with the first month beginning on or after 
     March 1, 2020, and before December 31, 2020, during which 
     such individual's employer reduces such individual's work 
     hours (due to a lack of work, funds, or other nondisciplinary 
     reason) to an amount that is less than 70 percent of the base 
     month amount; and
       (ii) ending with the earlier of--

       (I) the first month beginning after December 31, 2020; or
       (II) the month following the first month during which work 
     hours of such employee are greater than 80 percent of work 
     hours of the base month amount.

       (B) Base month amount.--For purposes of subparagraph (A), 
     the term ``base month amount'' means, with respect to an 
     individual and an employer of such individual, the greater 
     of--
       (i) such individual's work hours in the month prior (or in 
     the case such individual had no work hours in the month prior 
     and had work hours in the 3 months prior, the last month with 
     work hours within the prior 3 months); and
       (ii) such individual's work hours during the period 
     beginning January 1, 2020, and ending January 31, 2020.
       (m) Reports.--
       (1) Interim report.--The Secretary of the Treasury and the 
     Secretary of Labor shall jointly submit an interim report to 
     the Committee on Education and Labor, the Committee on Ways 
     and Means, and the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Finance 
     of the Senate regarding the premium assistance provided under 
     this section that includes--
       (A) the number of individuals provided such assistance as 
     of the date of the report; and
       (B) the total amount of expenditures incurred (with 
     administrative expenditures noted separately) in connection 
     with such assistance as of the date of the report.
       (2) Final report.--As soon as practicable after the last 
     period of COBRA continuation coverage for which premium 
     assistance is provided under this section, the Secretary of 
     the Treasury and the Secretary of Labor shall jointly submit 
     a final report to each Committee referred to in paragraph (1) 
     that includes--
       (A) the number of individuals provided premium assistance 
     under this section;
       (B) the average dollar amount (monthly and annually) of 
     premium assistance provided to such individuals; and
       (C) the total amount of expenditures incurred (with 
     administrative expenditures noted separately) in connection 
     with premium assistance under this section.
       (n) Limitation.--
       (1) In general.--Notwithstanding section 602(1) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1162(1)) or any other provision of part 6 of subtitle B of 
     title I of such Act of 1974 (29 U.S.C. 1161 et seq.), section 
     2202(1) of the Public Health Service Act (42 U.S.C. 300bb-2) 
     or any other provision of such Act (42 U.S.C. 201 et seq.), 
     section 4980B(f)(2)(A) of the Internal Revenue Code of 1986 
     or any other provision of such Code, section 8905a of title 
     5, United States Code, or any provision of State law, in the 
     case of coverage described in subsection (a)(1) for an 
     assistance eligible individual--
       (A) such coverage shall exclude coverage of an abortion 
     (except to the extent described in section 507(a) of division 
     A of Public Law 116-94) for any period of coverage beginning 
     on or after the date of enactment of this Act, for which 
     subsection (a)(1) applies to the individual; and
       (B) if such coverage would, but for the requirement under 
     subparagraph (A), include coverage of abortion (except to the 
     extent described in such subparagraph) for such individual, 
     the coverage shall be modified for such individual so that 
     the coverage excludes abortion (except to the extent 
     described in such subparagraph) for any period of coverage as 
     described in such subparagraph.
       (2) Rule of construction.--Nothing in this subtitle, or any 
     amendment made by this subtitle, may be construed to require 
     a health plan, including any COBRA continuation coverage, to 
     provide coverage of any abortion.
       (o) Deadlines With Respect to Notices.--Notwithstanding 
     section 518 of the Employee Retirement Income Security Act of 
     1974 and section 7508A of the Internal Revenue Code of 1986, 
     the Secretary of Labor and the Secretary of the Treasury, 
     respectively, may not waive or extend any deadline with 
     respect to the provision of notices described in subsections 
     (g), (h), and (i).

     SEC. 203. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

       (a) COBRA Premium Assistance.--
       (1) In general.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSISTANCE.

       ``(a) In General.--The person to whom premiums are payable 
     for continuation coverage under section 202(a)(1) of the 
     Continuous Health Coverage for Workers Act shall be allowed 
     as a credit against the tax imposed by section 3111(a), or so 
     much of the taxes imposed under section 3221(a) as are 
     attributable to the rate in effect under section 3111(a), for 
     each calendar quarter an amount equal to the premiums not 
     paid by assistance eligible individuals for such coverage by 
     reason of such section 202(a)(1) with respect to such 
     calendar quarter.
       ``(b) Person to Whom Premiums Are Payable.--For purposes of 
     subsection (a), except as otherwise provided by the 
     Secretary, the person to whom premiums are payable under such 
     continuation coverage shall be treated as being--
       ``(1) in the case of any group health plan which is a 
     multiemployer plan (as defined in section 3(37) of the 
     Employee Retirement Income Security Act of 1974), the plan,
       ``(2) in the case of any group health plan not described in 
     paragraph (1)--
       ``(A) which provides church plan continuation coverage 
     described in section 202(a)(1)(A)(ii), furlough continuation 
     coverage described in section 202(a)(1)(A)(iii) of the 
     Continuous Health Coverage for Workers Act or subject to the 
     COBRA continuation provisions contained in--
       ``(i) this title,
       ``(ii) the Employee Retirement Income Security Act of 1974,
       ``(iii) the Public Health Service Act, or
       ``(iv) title 5, United States Code, or
       ``(B) under which some or all of the coverage is not 
     provided by insurance,
     the employer maintaining the plan, and
       ``(3) in the case of any group health plan not described in 
     paragraph (1) or (2), the insurer providing the coverage 
     under the group health plan.
       ``(c) Limitations and Refundability.--
       ``(1) Credit limited to certain employment taxes.--The 
     credit allowed by subsection (a) with respect to any calendar 
     quarter shall not exceed the tax imposed by section 3111(a), 
     or so much of the taxes imposed under section 3221(a) as are 
     attributable to the rate in effect under section 3111(a), for 
     such calendar quarter (reduced by any credits allowed under 
     subsections (e) and (f) of section 3111, sections 7001 and 
     7003 of the Families First Coronavirus Response Act, section 
     2301 of the CARES Act, and sections 20204 and 20212 of the 
     COVID-19 Tax Relief Act of 2020 for such quarter) on the 
     wages paid with respect to the employment of all employees of 
     the employer.
       ``(2) Refundability of excess credit.--
       ``(A) Credit is refundable.--If the amount of the credit 
     under subsection (a) exceeds the limitation of paragraph (1) 
     for any calendar quarter, such excess shall be treated as an 
     overpayment that shall be refunded under sections 6402(a) and 
     6413(b).
       ``(B) Credit may be advanced.--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

[[Page S4774]]

     an amount calculated under subsection (a) through the end of 
     the most recent payroll period in the quarter.
       ``(C) Treatment of deposits.--The Secretary shall waive any 
     penalty under section 6656 for any failure to make a deposit 
     of the tax imposed by section 3111(a), or so much of the 
     taxes imposed under section 3221(a) as are attributable to 
     the rate in effect under section 3111(a), if the Secretary 
     determines that such failure was due to the anticipation of 
     the credit allowed under this section.
       ``(D) Treatment of payments.--For purposes of section 1324 
     of title 31, United States Code, any amounts due to an 
     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.
       ``(3) Limitation on reimbursement for certain employees.--
     In the case of an individual who for any month is an 
     assistance eligible individual described in subparagraph (B) 
     or (C) of section 202(a)(3) of the Continuous Health Coverage 
     for Workers Act with respect to any coverage, the credit 
     determined with respect to such individual under subsection 
     (a) for any such month ending during a calendar quarter shall 
     not exceed the amount of premium the individual would have 
     paid for a full month of such coverage for the month 
     preceding the first month for which an individual is such an 
     assistance eligible individual.
       ``(d) Governmental Entities.--For purposes of this section, 
     the term `person' includes any governmental entity or Indian 
     tribal government (as defined in section 139E(c)(1)).
       ``(e) Denial of Double Benefit.--For purposes of chapter 1, 
     the gross income of any person allowed a credit under this 
     section shall be increased for the taxable year which 
     includes the last day of any calendar quarter with respect to 
     which such credit is allowed by the amount of such credit. No 
     amount for which a credit is allowed under this section shall 
     be taken into account as qualified wages under section 2301 
     of the CARES Act or as qualified health plan expenses under 
     section 7001(d) or 7003(d) of the Families First Coronavirus 
     Response Act.
       ``(f) Reporting.--Each person entitled to reimbursement 
     under subsection (a) for any period shall submit such reports 
     (at such time and in such manner) as the Secretary may 
     require, including--
       ``(1) an attestation of involuntary termination of 
     employment, reduction of hours, or furloughing, for each 
     assistance eligible individual on the basis of whose 
     termination, reduction of hours, or furloughing entitlement 
     to reimbursement is claimed under subsection (a),
       ``(2) a report of the amount of payroll taxes offset under 
     subsection (a) for the reporting period, and
       ``(3) a report containing the TINs of all covered 
     employees, the amount of subsidy reimbursed with respect to 
     each employee, and a designation with respect to each 
     employee as to whether the subsidy reimbursement is for 
     coverage of 1 individual or 2 or more individuals.
       ``(g) Regulations.--The Secretary shall issue such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out this section, including--
       ``(1) the requirement to report information or the 
     establishment of other methods for verifying the correct 
     amounts of reimbursements under this section,
       ``(2) the application of this section to group health plans 
     that are multiemployer plans (as defined in section 3(37) of 
     the Employee Retirement Income Security Act of 1974),
       ``(3) to allow the advance payment of the credit determined 
     under subsection (a), subject to the limitations provided in 
     this section, based on such information as the Secretary 
     shall require,
       ``(4) to provide for the reconciliation of such advance 
     payment with the amount of the credit at the time of filing 
     the return of tax for the applicable quarter or taxable year, 
     and
       ``(5) with respect to the application of the credit to 
     third party payors (including professional employer 
     organizations, certified professional employer organizations, 
     or agents under section 3504).
       ``(h) Limitation.--In the case of any period of coverage 
     (as defined in section 202(l) of the Continuous Health 
     Coverage for Workers Act) beginning on or after the date of 
     enactment of this section, no credit shall be allowed under 
     this section with respect to any coverage that includes 
     coverage of an abortion (except as described in section 
     507(a) of division A of Public Law 116-94).''.
       (2) Social security trust funds held harmless.--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. 231n-1(a)) 
     amounts equal to the reduction in revenues to the Treasury by 
     reason of this subsection (without regard to this paragraph). 
     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.
       (3) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 6432. Continuation coverage premium assistance.''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to premiums to which section 202(a)(1)(A) 
     applies.
       (5) Special rule in case of employee payment that is not 
     required under this section.--
       (A) In general.--In the case of an assistance eligible 
     individual who pays, with respect any period of coverage to 
     which section 202(a)(1)(A) applies, the amount of the premium 
     for such coverage that the individual would have (but for 
     this subtitle) been required to pay, the person to whom such 
     payment is payable shall reimburse such individual for the 
     amount of such premium paid.
       (B) Credit of reimbursement.--A person to which 
     subparagraph (A) applies shall be allowed a credit in the 
     manner provided under section 6432 of the Internal Revenue 
     Code of 1986 for any payment made to the employee under such 
     subparagraph.
       (C) Payment of credits.--Any person to which subparagraph 
     (A) applies shall make the payment required under such clause 
     to the individual not later than 60 days after the date on 
     which such individual elects continuation coverage under 
     section 202(a)(1) of the Continuous Health Coverage for 
     Workers Act.
       (b) Penalty for Failure to Notify Health Plan of Cessation 
     of Eligibility for Premium Assistance.--
       (1) In general.--Part I of subchapter B of chapter 68 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF 
                   CESSATION OF ELIGIBILITY FOR CONTINUATION 
                   COVERAGE PREMIUM ASSISTANCE.

       ``(a) In General.--Except in the case of failure described 
     in subsection (b) or (c), any person required to notify a 
     group health plan under section 202(a)(2)(B) of the 
     Continuous Health Coverage for Workers Act who fails to make 
     such a notification at such time and in such manner as the 
     Secretary of Labor may require shall pay a penalty of $250.
       ``(b) Intentional Failure.--In the case of any such failure 
     that is fraudulent, such person shall pay a penalty equal to 
     the greater of--
       ``(1) $250, or
       ``(2) 110 percent of the premium assistance provided under 
     section 202(a)(1)(A) of the Continuous Health Coverage for 
     Workers Act after termination of eligibility under such 
     section.
       ``(c) Reasonable Cause Exception.--No penalty shall be 
     imposed under this section with respect to any failure if it 
     is shown that such failure is due to reasonable cause and not 
     to willful neglect.''.
       (2) Clerical amendment.--The table of sections of part I of 
     subchapter B of chapter 68 of such Code is amended by adding 
     at the end the following new item:

``Sec. 6720C. Penalty for failure to notify health plan of cessation of 
              eligibility for continuation coverage premium 
              assistance.''.
       (c) Coordination With HCTC.--
       (1) In general.--Section 35(g)(9) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(9) Continuation coverage premium assistance.--In the 
     case of an assistance eligible individual who receives 
     premium assistance for continuation coverage under section 
     202(a)(1) of the Continuous Health Coverage for Workers Act 
     for any month during the taxable year, such individual shall 
     not be treated as an eligible individual, a certified 
     individual, or a qualifying family member for purposes of 
     this section or section 7527 with respect to such month.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
       (d) Exclusion of Continuation Coverage Premium Assistance 
     From Gross Income.--
       (1) In general.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after section 139H the following new section:

     ``SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSISTANCE.

       ``In the case of an assistance eligible individual (as 
     defined in subsection (a)(3) of section 202 of the Continuous 
     Health Coverage for Workers Act), gross income does not 
     include any premium assistance provided under subsection 
     (a)(1) of such section.''.
       (2) Clerical amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of such Code is amended by 
     inserting after the item relating to section 139H the 
     following new item:

``Sec. 139I. Continuation coverage premium assistance.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 204. RULE OF CONSTRUCTION.

       In all matters of interpretation, rules, and operational 
     procedures, the language of this subtitle shall be 
     interpreted broadly for the benefit of workers and their 
     families.
                                 ______
                                 
  SA 2516. Ms. McSALLY submitted an amendment intended to be proposed 
by

[[Page S4775]]

her to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $16,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be for necessary expenses for testing, contact 
     tracing, surveillance, containment, and mitigation to monitor 
     and suppress COVID-19, including tests for both active 
     infection and prior exposure, including molecular, antigen, 
     and serological tests, the manufacturing, procurement and 
     distribution of tests, testing equipment and testing 
     supplies, including personal protective equipment needed for 
     administering tests, the development and validation of rapid, 
     molecular point-of-care tests, and other tests, support for 
     workforce, epidemiology, to scale up academic, commercial, 
     public health, and hospital laboratories, to conduct 
     surveillance and contact tracing, support development of 
     COVID-19 testing plans, and other related activities related 
     to COVID-19 testing:  Provided, That of the amount 
     appropriated under this paragraph in this Act, not less than 
     $15,000,000,000 shall be for States, localities, territories, 
     tribes, tribal organizations, urban Indian health 
     organizations, or health service providers to tribes for 
     necessary expenses for testing, contact tracing, 
     surveillance, containment, and mitigation, including support 
     for workforce, epidemiology, use by employers, elementary and 
     secondary schools, child care facilities, institutions of 
     higher education, long-term care facilities, or in other 
     settings, scale up of testing by public health, academic, 
     commercial, and hospital laboratories, and community-based 
     testing sites, health care facilities, and other entities 
     engaged in COVID-19 testing, and other related activities 
     related to COVID-19 testing, contact tracing, surveillance, 
     containment, and mitigation:  Provided further, That the 
     amount identified in the preceding proviso shall be allocated 
     to States, localities, and territories according to the 
     formula that applied to the Public Health Emergency 
     Preparedness cooperative agreement in fiscal year 2019:  
     Provided further, That not less than $500,000,000 shall be 
     allocated in coordination with the Director of the Indian 
     Health Service, to tribes, tribal organizations, urban Indian 
     health organizations, or health service providers to tribes:  
     Provided further, That the Secretary of Health and Human 
     Services (referred to in this paragraph as the ``Secretary'') 
     may satisfy the funding thresholds outlined in the first and 
     third provisos under this paragraph in this Act by making 
     awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That the Governor or designee 
     of each State, locality, territory, tribe, or tribal 
     organization receiving funds pursuant to this title shall 
     update their plans, as applicable, for COVID-19 testing and 
     contact tracing submitted to the Secretary pursuant to the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139) and submit such updates to the Secretary 
     not later than 60 days after funds appropriated in this 
     paragraph in this Act have been awarded to such recipient:  
     Provided further, That funds an entity receives from amounts 
     described in the first proviso in this paragraph may also be 
     used for the rent, lease, purchase, acquisition, 
     construction, alteration, renovation, or equipping of non-
     federally owned facilities to improve coronavirus 
     preparedness and response capability at the State and local 
     level:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2517. Ms. McSALLY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $16,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be for necessary expenses for testing, contact 
     tracing, surveillance, containment, and mitigation to monitor 
     and suppress COVID-19, including tests for both active 
     infection and prior exposure, including molecular, antigen, 
     and serological tests, the manufacturing, procurement and 
     distribution of tests, testing equipment and testing 
     supplies, including personal protective equipment needed for 
     administering tests, the development and validation of rapid, 
     molecular point-of-care tests, and other tests, support for 
     workforce, epidemiology, to scale up academic, commercial, 
     public health, and hospital laboratories, to conduct 
     surveillance and contact tracing, support development of 
     COVID-19 testing plans, and other related activities related 
     to COVID-19 testing:  Provided, That of the amount 
     appropriated under this paragraph in this Act, not less than 
     $15,000,000,000 shall be for States, localities, territories, 
     tribes, tribal organizations, urban Indian health 
     organizations, or health service providers to tribes for 
     necessary expenses for testing, contact tracing, 
     surveillance, containment, and mitigation, including support 
     for workforce, epidemiology, use by employers, elementary and 
     secondary schools, child care facilities, institutions of 
     higher education, long-term care facilities, or in other 
     settings, scale up of testing by public health, academic, 
     commercial, and hospital laboratories, and community-based 
     testing sites, health care facilities, and other entities 
     engaged in COVID-19 testing, and other related activities 
     related to COVID-19 testing, contact tracing, surveillance, 
     containment, and mitigation:  Provided further, That the 
     amount identified in the preceding proviso shall be allocated 
     to States, localities, and territories according to the 
     formula that applied to the Public Health Emergency 
     Preparedness cooperative agreement in fiscal year 2019:  
     Provided further, That not less than $500,000,000 shall be 
     allocated in coordination with the Director of the Indian 
     Health Service, to tribes, tribal organizations, urban Indian 
     health organizations, or health service providers to tribes:  
     Provided further, That the Secretary of Health and Human 
     Services (referred to in this paragraph as the ``Secretary'') 
     may satisfy the funding thresholds outlined in the first and 
     third provisos under this paragraph in this Act by making 
     awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That the Governor or designee 
     of each State, locality, territory, tribe, or tribal 
     organization receiving funds pursuant to this title shall 
     update their plans, as applicable, for COVID-19 testing and 
     contact tracing submitted to the Secretary pursuant to the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139) and submit such updates to the Secretary 
     not later than 60 days after funds appropriated in this 
     paragraph in this Act have been awarded to such recipient:  
     Provided further, That funds an entity receives from amounts 
     described in the first proviso in this paragraph may also be 
     used for the rent, lease, purchase, acquisition, 
     construction, alteration, renovation, or equipping of non-
     federally owned facilities to improve coronavirus 
     preparedness and response capability at the State and local 
     level:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2518. Mr. BLUNT (for himself, Mrs. Capito, and Mrs. Hyde-Smith) 
submitted an amendment intended to be proposed by him to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

               national heart, lung, and blood institute

       For an additional amount for ``National Heart, Lung, and 
     Blood Institute'', $290,000,000, 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 institute of diabetes and digestive and kidney diseases

       For an additional amount for ``National Institute of 
     Diabetes and Digestive and Kidney Diseases'', $200,000,000, 
     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 institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'',

[[Page S4776]]

     $480,555,000, to remain available until September 30, 2024, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That $55,000,000 
     shall be for Regional Biocontainment Laboratories:  Provided 
     further, That funding provided in the previous proviso shall 
     be divided evenly among the eleven laboratories:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

  eunice kennedy shriver national institute of child health and human 
                              development

       For an additional amount for ``Eunice Kennedy Shriver 
     National Institute of Child Health and Human Development'', 
     $172,680,000, 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 mental health

       For an additional amount for ``National Institute of Mental 
     Health'', $200,000,000, 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 institute on minority health and health disparities

       For an additional amount for ``National Institute on 
     Minority Health and Health Disparities'', $64,334,000, 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'', $1,224,750,000, 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

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $12,905,337,000, to remain available until September 30, 
     2024, to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That not less 
     than $10,100,000,000 of the amount provided under this 
     heading in this Act shall be for offsetting the costs related 
     to reductions in lab productivity resulting from the 
     coronavirus pandemic or public health measures related to the 
     coronavirus pandemic:  Provided further, That $1,325,337,000 
     of the amount provided under this heading in this Act shall 
     be to support additional scientific research or the programs 
     and platforms that support research:  Provided further, That 
     $1,240,000,000 of the amount provided under this heading in 
     this Act shall be provided to accelerate the research and 
     development of therapeutic interventions and vaccines in 
     partnership:  Provided further, that no less than 
     $240,000,000 of the amount provided under this heading in 
     this Act shall be for supplements to existing research 
     training awards for extensions and other costs:  Provided 
     further, That funds available under this heading in this Act 
     may be transferred to the accounts of Institutes and Centers 
     of the NIH:  Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the NIH:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2519. Mr. BLUNT (for himself and Mr. Daines) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $26,000,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, the purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, as 
     well as medical surge capacity, addressing blood supply 
     chain, workforce modernization, telehealth access and 
     infrastructure, initial advanced manufacturing, novel 
     dispensing, enhancements to the U.S. Commissioned Corps, and 
     other preparedness and response activities:  Provided, That 
     funds appropriated under this paragraph in this Act may be 
     used to develop and demonstrate innovations and enhancements 
     to manufacturing platforms to support such capabilities:  
     Provided further, That the Secretary of Health and Human 
     Services shall purchase vaccines developed using funds made 
     available under this paragraph in this Act to respond to an 
     outbreak or pandemic related to coronavirus in quantities 
     determined by the Secretary to be adequate to address the 
     public health need:  Provided further, That products 
     purchased by the Federal government with funds made available 
     under this paragraph in this Act, including vaccines, 
     therapeutics, and diagnostics, shall be purchased in 
     accordance with Federal Acquisition Regulation guidance on 
     fair and reasonable pricing:  Provided further, That the 
     Secretary may take such measures authorized under current law 
     to ensure that vaccines, therapeutics, and diagnostics 
     developed from funds provided in this title 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 the Secretary shall ensure that 
     protections remain for individuals enrolled in group or 
     individual health care coverage with pre-existing conditions, 
     including those linked to coronavirus:  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 funds appropriated under 
     this paragraph in this Act may be transferred to, and merged 
     with, the fund authorized by section 319F-4, the Covered 
     Counter measure Process Fund, of the Public Health Service 
     Act:  Provided further, That of the amount appropriated under 
     this paragraph in this Act, $20,000,000,000 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 provided 
     under this heading in this Act, $6,000,000,000 shall be for 
     activities to plan, prepare for, promote, distribute, 
     administer, monitor, and track coronavirus vaccines to ensure 
     broad-based distribution, access, and vaccine coverage:  
     Provided further, That the Secretary shall coordinate funding 
     and activities outlined in the previous proviso through the 
     Director of CDC:  Provided further, That the Secretary, 
     through the Director of CDC, shall report to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate within 60 days of enactment of this Act on a 
     comprehensive coronavirus vaccine distribution strategy and 
     spend plan that includes how existing infrastructure will be 
     leveraged, enhancements or new infrastructure that may be 
     built, considerations for moving and storing vaccines, 
     guidance for how States and health care providers should 
     prepare for, store, and administer vaccines, nationwide 
     vaccination targets, funding that will be distributed to 
     States, how an informational campaign to both the public and 
     health care providers will be executed, and how the vaccine 
     distribution plan will focus efforts on high risk, 
     underserved, and minority populations:  Provided further, 
     That such plan shall be updated and provided to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 90 days after submission of the first plan:  
     Provided further, That the Secretary shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 2 days in advance of any obligation in excess 
     of $50,000,000, including but not limited to contracts and 
     interagency agreements, from funds provided in this paragraph 
     in this Act:  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, diagnostics, 
     and medical supplies where the Secretary determines that such 
     a contract is necessary to secure sufficient amounts of such 
     supplies:  Provided further, That the not later than 30 days 
     after enactment of this Act, and every 30 days thereafter 
     until funds are expended, the Secretary shall report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on uses of funding for Operation Warp Speed, 
     detailing current obligations by Department or Agency, or 
     component thereof broken out by the coronavirus supplemental 
     appropriations Act that provided the source of funds:

[[Page S4777]]

      Provided further, That the plan outlined in the previous 
     proviso shall include funding by contract, grant, or other 
     transaction in excess of $20,000,000 with a notation of which 
     Department or Agency, and component thereof is managing the 
     contract: Provided further, That the Secretary shall enter 
     into an agreement with the National Academies of Sciences, 
     Engineering, and Medicine (``Academies'') to develop a 
     decision framework to assist domestic and global health 
     authorities in planning an equitable distribution of 
     coronavirus vaccines: Provided further, That the Academies, 
     in developing the framework, shall consider equity criteria 
     which may include consideration of risk factors related to 
     health disparities and health care access, underlying health 
     conditions, conditions faced by racial and ethnic minorities, 
     individuals in higher-risk occupations, and first responders, 
     geographic distribution of the coronavirus, and vaccine 
     hesitancy: Provided further, That the Academies shall provide 
     recommendations on vaccine distribution to the Advisory 
     Committee on Immunization Practices not later than September 
     18, 2020: Provided further, That the agreement shall provide 
     for an ongoing assessment by the Academies of how vaccine 
     distribution meets equity criteria and recommendations for 
     how vaccine distribution may better align with such criteria 
     as applicable, which shall inform the Advisory Committee on 
     Immunization Practices's prioritization recommendations and 
     vaccine distribution 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.
                                 ______
                                 
  SA 2520. Mr. BLUNT (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                               TITLE __--

                        DEPARTMENT OF EDUCATION

                      education stabilization fund

       For an additional amount for ``Education Stabilization 
     Fund'', $105,000,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                           General Provisions

                      education stabilization fund

       Sec. __11. (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 one half of 1 percent to the outlying 
     areas on the basis of the terms and conditions for funding 
     provided under this heading in the Coronavirus Aid, Relief, 
     and Economic Security (CARES) Act (Public Law 116-136); and
       (2) one-half of 1 percent for the Secretary of the Interior 
     for programs operated or funded by the Bureau of Indian 
     Education, under the terms and conditions established for 
     funding provided under this heading in the CARES Act (Public 
     Law 116-136).
       (b) Reservations.--After carrying out subsection (a), the 
     Secretary shall reserve the remaining funds made available as 
     follows:
       (1) 5 percent to carry out section __12 of this title.
       (2) 67 percent to carry out section __13 of this title.
       (3) 28 percent to carry out section __14 of this title.

               governor's emergency education relief fund

       Sec. __12. (a) Grants.--From funds reserved under section 
     __11(b)(1) of this title, the Secretary shall make 
     supplemental Emergency Education Relief grants to the 
     Governor of each State with an approved application under 
     section 18002 of division B of the CARES Act (Public Law 116-
     136). The Secretary shall award funds under this section to 
     the Governor of each State with an approved application 
     within 30 calendar days of enactment of this Act.
       (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 __13(e) of this 
     title, the ESEA of 1965, the Higher Education Act of 1965, 
     the provision of child care and early childhood education, 
     social and emotional support, career and technical education, 
     adult education, 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 6 months of receiving such 
     funds and the Secretary shall reallocate such funds to the 
     remaining States in accordance with subsection (b).
       (e) Report.--A Governor receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.

         elementary and secondary school emergency relief fund

       Sec. __13. (a) Grants.--From funds reserved under section 
     __11(b)(2) of this title, the Secretary shall make 
     supplemental elementary and secondary school emergency relief 
     grants to each State educational agency with an approved 
     application under section 18003 of division B of the CARES 
     Act (Public Law 116-136). The Secretary shall award funds 
     under this section to each State educational agency with an 
     approved application within 15 calendar days of enactment of 
     this Act.
       (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.--From the payment provided by the Secretary 
     under subsection (b), the State educational agency shall 
     provide services and assistance to local educational agencies 
     and non-public schools, consistent with the provisions of 
     this title relating to the Department of Education. After 
     carrying out the reservation of funds in section __15 of this 
     title, each State shall allocate not less than 90 percent of 
     the remaining 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. The state 
     educational agency shall make such subgrants to local 
     educational agencies as follows--
       (1) one-third of funds shall be awarded not less than 15 
     calendar days after receiving an award from the Secretary 
     under this section; and
       (2) the remaining two-thirds of funds shall be awarded only 
     after the local educational agency submits to the Governor 
     and the Governor approves a comprehensive school reopening 
     plan for the 2020-2021 school-year, based on criteria 
     determined by the Governor in consultation with the state 
     educational agency (including criteria for the Governor to 
     carry out subparagraph (A) through (C)), that describes how 
     the local educational agency will safely reopen schools with 
     the physical presence of students, consistent with 
     maintaining safe and continuous operations aligned with 
     challenging state academic standards. The Governor shall 
     approve such plans within 30 days after the plan is 
     submitted, subject to the requirements in subparagraphs (A) 
     through (C).
       (A) A local educational agency that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as it was defined by the local educational 
     agency prior to the coronavirus emergency, shall have its 
     plan automatically approved.
       (B) A local educational agency that does not provide in-
     person instruction to any students where the students 
     physically attend school in-person shall not be eligible to 
     receive a subgrant under paragraph (2).
       (C) A local educational agency that provides in-person 
     instruction to at least some students where the students 
     physically attend school in-person but does not satisfy the 
     requirements in subparagraph (A) shall have its allocation 
     reduced on a pro rata basis as determined by the Governor.
       (d) Plan Contents.--A school reopening plan submitted to a 
     Governor under subsection (c)(2) shall include, in addition 
     to any other information necessary to meet the criteria 
     determined by the Governor--
       (1) A detailed timeline for when the local educational 
     agency will provide in-person instruction, including the 
     goals and criteria

[[Page S4778]]

     used for providing full-time in-person instruction to all 
     students;
       (2) A description of how many days of in-person instruction 
     per calendar week the local educational agency plans to offer 
     to students during the 2020-2021 school year; and
       (3) An assurance that the local educational agency will 
     offer students as much in-person instruction as is safe and 
     practicable, consistent with maintaining safe and continuous 
     operations aligned with challenging state academic standards.
       (e) Uses of Funds.--
       (1) A local educational agency or non-public school that 
     receives funds under subsection (c)(1) or section __15 may 
     use funds for any of the following:
       (A) Activities to support returning to in-person 
     instruction, including purchasing personal protective 
     equipment, implementing flexible schedules to keep children 
     in isolated groups, purchasing box lunches so that children 
     can eat in their classroom, purchasing physical barriers, 
     providing additional transportation services, repurposing 
     existing school rooms and space, and improving ventilation 
     systems.
       (B) Developing and implementing procedures and systems to 
     improve the preparedness and response efforts of local 
     educational agencies or non-public schools including 
     coordination 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.
       (C) Providing principals and other school leaders with the 
     resources necessary to address the needs of their individual 
     schools directly related to coronavirus.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) 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.
       (H) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (I) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (J) 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.
       (2) A local educational agency that receives funds under 
     subsection (c)(2) may use the funds for activities to carry 
     out a comprehensive school reopening plan as described in 
     this section, including:
       (A) Purchasing personal protective equipment, implementing 
     flexible schedules to keep children in isolated groups, 
     purchasing box lunches so that children can eat in their 
     classroom, purchasing physical barriers, providing additional 
     transportation services, repurposing existing school rooms 
     and space, and improving ventilation systems.
       (B) Developing and implementation of procedures and systems 
     to improve the preparedness and response efforts of local 
     educational agencies or non-public schools, including 
     coordination 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.
       (C) Providing principals and others school leaders with the 
     resources necessary to address the needs of their individual 
     schools.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (H) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (I) Planning and implementing activities related to summer 
     learning and supplemental afterschool programs, including 
     providing classroom instruction 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.
       (f) State Funding.--A State may reserve not more than 5 
     percent of the funds not otherwise allocated under subsection 
     (c) and section __15 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.
       (g) Assurances.--A State, state educational agency, or 
     local educational agency receiving funding under this section 
     shall provide assurances, as applicable, that:
       (1) A State, State educational agency, or local educational 
     agency will maintain and expand access to high-quality 
     schools, including high-quality public charter schools, and 
     will not--
       (A) enact policies to close or prevent the expansion of 
     such schools to address revenue shortfalls that result in the 
     disproportionate closure or denial of expansion of public 
     charter schools that are otherwise meeting the terms of their 
     charter for academic achievement; or
       (B) disproportionally reduce funding to charter schools or 
     otherwise increase funding gaps between charter schools and 
     other public schools in the local educational agency.
       (2) Allocations of funding and services provided from funds 
     provided in this section to public charter schools are made 
     on the same basis as is used for all public schools, 
     consistent with state law and in consultation with charter 
     school leaders.
       (h) Report.--A State receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (i) Reallocation.--A State shall return to the Secretary 
     any funds received under this section that the State does not 
     award within 4 months of receiving such funds and the 
     Secretary shall deposit such funds into the general fund of 
     the Treasury.
       (j) Rule of Construction.--
       (1) The receipt of any funds authorized or appropriated 
     under this section, including pursuant to section __15 of 
     this Act, by a nonprofit entity, or by any individual who has 
     been admitted or applied for admission to such entity (or any 
     parent or guardian of such individual), shall not be 
     construed to render such entity or person a recipient of 
     Federal financial assistance for any purpose, nor shall any 
     such person or entity be required to make any alteration to 
     its existing programs, facilities, or employment practices 
     except as required under this section.
       (2) No State participating in any program under this 
     section, including pursuant to section __15 of this Act, 
     shall impose any penalty or additional requirement upon, or 
     otherwise disadvantage, such entity or person as a 
     consequence or condition of its receipt of such funds.
       (3) No State participating in any program under this 
     section shall authorize any person or entity to use any funds 
     authorized or appropriated under this section, including 
     pursuant to section __15 of this Act, except as provided by 
     subsection (e), nor shall any such State impose any limits 
     upon the use of any such funds except as provided by 
     subsection (e).

                 higher education emergency relief fund

       Sec. __14. (a) In General.--From funds reserved under 
     section __11(b)(3) of this title the Secretary shall allocate 
     amounts as follows:
       (1) 85 percent to each institution of higher education 
     described in section 101 or section 102(c) of the Higher 
     Education Act of 1965 to prevent, prepare for, and respond to 
     coronavirus, by apportioning it--
       (A) 90 percent according to the relative share of full-time 
     equivalent enrollment of Federal Pell Grant recipients who 
     were not exclusively enrolled in distance education courses 
     prior to the coronavirus emergency; and
       (B) 10 percent according to the relative share of full-time 
     equivalent enrollment of students who were not Federal Pell 
     Grant recipients who were not exclusively enrolled in 
     distance education courses prior to the coronavirus 
     emergency.
       (2) 10 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

[[Page S4779]]

     in addition to awards made in section __14(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 distributed to eligible 
     institutions of higher education, except as otherwise 
     provided in subparagraphs (A)-(D), on the basis of the 
     formula described in section __14(a)(1) of this title:
       (A) Except as otherwise provided in subparagraph (B), for 
     eligible institutions under part B of title III and subpart 4 
     of part A of title VII of the Higher Education Act, the 
     Secretary shall allot to each eligible institution an amount 
     using the following formula:
       (i) 70 percent according to a ratio equivalent to the 
     number of Pell Grant recipients in attendance at such 
     institution at the end of the school year preceding the 
     beginning of the most recent fiscal year and the total number 
     of Pell Grant recipients at all such institutions;
       (ii) 20 percent according to a ratio equivalent to the 
     total number of students enrolled at such institution at the 
     end of the school year preceding the beginning of that fiscal 
     year and the number of students enrolled at all such 
     institutions; and
       (iii) 10 percent according to a ratio equivalent to the 
     total endowment size at all eligible institutions at the end 
     of the school year preceding the beginning of that fiscal 
     year and the total endowment size at such institutions;
       (B) For eligible institutions under section 326 of the 
     Higher Education Act, the Secretary shall allot to each 
     eligible institution an amount in proportion to the award 
     received from funding for such institutions in the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94);
       (C) For eligible institutions under section 316 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 316(d)(3) of the Higher 
     Education Act; and
       (D) Notwithstanding section 318(f) of the Higher Education 
     Act, for eligible institutions under section 318 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 318(e) of the Higher 
     Education Act.
       (3) 5 percent for grants to institutions of higher 
     education that the Secretary determines, through an 
     application process and after allocating funds under 
     paragraphs __14(a)(1) and (2) of this Act, have the greatest 
     unmet needs related to coronavirus. In awarding funds to 
     institutions of higher education under this paragraph the 
     Secretary shall prioritize institutions of higher education--
       (A) described under title I of the Higher Education Act of 
     1965 that were not eligible to receive an award under section 
     __14(a)(1) of this title, including institutions described in 
     section 102(b) of the Higher Education Act of 1965; and
       (B) that otherwise demonstrate significant needs related to 
     coronavirus that were not addressed by funding allocated 
     under subsections (a)(1) or (a)(2) of this section.
       (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.--An institution of higher education 
     receiving funds under this section may use the funds received 
     to:
       (1) defray expenses associated with coronavirus (including 
     lost revenue, reimbursement for expenses already incurred, 
     technology costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll); and
       (2) provide financial aid grants to students (including 
     students exclusively enrolled in distance education), which 
     may be used for any component of the student's cost of 
     attendance or for emergency costs that arise due to 
     coronavirus.
       (d) Special Provisions.--
       (1) 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.
       (2) An institution of higher education receiving funds 
     under section 18004 of division B of the CARES Act (Public 
     Law 116-136) may use those funds under the terms and 
     conditions of section __14(c) of this Act. Amounts repurposed 
     pursuant to this paragraph 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.
       (3) No funds received by an institution of higher education 
     under this section shall be used to fund contractors for the 
     provision of pre-enrollment recruitment activities; 
     endowments; or capital outlays associated with facilities 
     related to athletics, sectarian instruction, or religious 
     worship.
       (4) An institution of higher education that was required to 
     remit payment to the Internal Revenue Service for the excise 
     tax based on investment income of private colleges and 
     universities under section 4968 of the Internal Revenue Code 
     of 1986 for tax year 2019 shall have their allocation under 
     this section reduced by 50 percent and may only use funds for 
     activities described in paragraph (c)(2). This paragraph 
     shall not apply to an institution of higher education 
     designated by the Secretary as an eligible institution under 
     section 448 of the Higher Education Act of 1965.
       (e) Report.--An institution receiving funds under this 
     section shall submit a report to the Secretary, not later 
     than 6 months after receiving funding provided in this title, 
     in such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (f) Reallocation.--Any funds allocated to an institution of 
     higher education under this section on the basis of a formula 
     described in subsection (a)(1) or (a)(2) but for which an 
     institution does not apply for funding within 60 days of the 
     publication of the notice inviting applications, shall be 
     reallocated to eligible institutions that had submitted an 
     application by such date.

                    assistance to non-public schools

       Sec. __15. (a) Funds Availability.--From the payment 
     provided by the Secretary under section __13 of this title to 
     a State educational agency, the State educational agency 
     shall reserve an amount of funds equal to the percentage of 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency. Upon 
     reserving funds under this section, the Governor of the State 
     shall award such funds equally to each non-public school 
     accredited or otherwise located in and licensed to operate in 
     the State based on the number of low-income students enrolled 
     in the non-public school as a share of all low-income 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency, 
     subject to the requirements in subsection (b).
       (b)(1) A non-public school that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as determined by the non-public school 
     prior to the coronavirus emergency, shall be eligible for the 
     full amount of assistance per student as prescribed under 
     this section.
       (2) A non-public school that does not provide in-person 
     instruction to any students where the students physically 
     attend school in-person shall only be eligible for one-third 
     of the amount of assistance per student as prescribed under 
     this section.
       (3) A non-public school that provides in-person instruction 
     to at least some students where the students physically 
     attend school in-person but does not satisfy the requirements 
     in paragraph (1) shall have its amount of assistance as 
     prescribed under this section reduced on a pro rata basis, 
     which shall be calculated using the same methodology as is 
     used under section __13(c)(2)(C) of this title.
       (4) A Governor shall allocate not less than 50 percent of 
     the funds reserved in this section to non-public schools 
     within 30 days of receiving an award from the Secretary and 
     the remaining 50 percent not less than 4 months after 
     receiving an award from the Secretary.

                     continued payment to employees

       Sec. __16.  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. __17.  Except as otherwise provided in sections __11-
     __16 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. __18.  A State's application for funds to carry out 
     sections __12 or __13 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

[[Page S4780]]

     2021 at least at the proportional levels of such State's 
     support for elementary and secondary education and for higher 
     education relative to such States overall spending in fiscal 
     year 2019.

                       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.

                    Institute of Education Sciences

       For an additional amount for ``Institute of Education 
     Sciences'', $65,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for carrying 
     out the National Assessment of Educational Progress 
     Authorization Act (title III of Public Law 107-279):  
     Provided, That such amount is designated by the Congress as 
     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 inspector general

       For an additional amount for ``Office of 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 title 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.

                           General Provisions

       Sec. __19.  Funds made available in Public Law 115-245 
     under the heading ``National Technical Institute for the 
     Deaf'' that were available for obligation through fiscal year 
     2019, and where a valid obligation was incurred in such 
     fiscal year, are to remain available for obligation and 
     expenditure by educational agencies or institutions through 
     fiscal year 2021, notwithstanding section 412(b) of the 
     General Education Provisions Act (20 U.S.C. 1225):  Provided, 
     That such amount is designated by the Congress as 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. __20.  Funds made available in Public Law 115-245 
     under the heading ``Gallaudet University'' that were 
     available for obligation through fiscal year 2019, and where 
     a valid obligation was incurred in such fiscal year, are to 
     remain available for obligation and expenditure by 
     educational agencies or institutions through fiscal year 
     2021, notwithstanding section 412(b) of the General Education 
     Provisions Act (20 U.S.C. 1225):  Provided, That such amount 
     is designated by the Congress as 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. __21.  Funds made available in Public Law 113-76 under 
     the heading ``Innovation and Improvement'' that were 
     available for obligation through December 31, 2014 for the 
     Investing in Innovation program pursuant to the eighth and 
     ninth provisos under that heading in that Act are to remain 
     available through fiscal year 2021 for the liquidation of 
     valid obligations incurred in fiscal years 2014 or 2015:  
     Provided, That such amount is designated by the Congress as 
     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. __22.  Funds made available in Public Law 113-76 under 
     the heading ``Rehabilitation Services and Disability 
     Research'' that were available for obligation through fiscal 
     year 2015 for the Automated Personalization Computing Project 
     pursuant to the first four provisos under that heading in 
     that Act are to remain available through fiscal year 2021 for 
     the liquidation of valid obligations incurred in fiscal years 
     2014 or 2015:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2521. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

   TITLE __----DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
                    EDUCATION, AND RELATED AGENCIES

                           Subtitle A--Labor

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For an additional amount for ``Training and Employment 
     Services'', $950,000,000, to remain available through 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which shall be 
     used as follows:
       (1) $500,000,000 for grants to States for dislocated worker 
     employment and training activities, including training 
     services provided through individual training accounts, 
     incumbent worker training, transitional jobs, customized 
     training, on-the-job training, the identification of training 
     providers including online providers, and activities to 
     facilitate remote access to employment and training services 
     through a one-stop center that lead to employment in high-
     skill, high-wage, or in-demand industry sectors or 
     occupations, including health care, direct care, and 
     manufacturing;
       (2) $150,000,000 for grants to States for youth workforce 
     investment activities:  Provided, That a local board shall 
     not be required to meet the requirements of section 
     129(a)(4)(A) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3164(a)(4)(A)):  Provided further, That each State 
     and local area receiving funds under this paragraph in this 
     Act for youth workforce investment activities shall give 
     priority to out-of-school youth and eligible youth who are 
     members of one or more populations listed in section 3(24) of 
     such Act (29 U.S.C. 3102(24));
       (3) $150,000,000 for adult employment and training 
     activities; and
       (4) $150,000,000 for the dislocated workers assistance 
     national reserve:
       Provided further, That notwithstanding section 128(a) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3163(a)), the Governor may reserve up to 25 percent of the 
     funds allotted under each of paragraphs (1), (2), and (3) 
     under this heading in this Act for statewide activities 
     described in sections 129(b) and 134(a) of such Act:  
     Provided further, That notwithstanding section 128(b)(4) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3163(b)(4)), local areas may use not more than 20 percent of 
     the funds allocated to the local area under each of 
     paragraphs (1), (2), and (3) under this heading in this Act 
     for administrative costs:  Provided further, That such amount 
     is designated by the Congress as 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 unemployment insurance and employment service operations

       For an additional amount for ``State Unemployment Insurance 
     and Employment Service Operations'', $1,504,000,000, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, which may be expended from 
     the Employment Security Administration Account in the 
     Unemployment Trust Fund (``The Trust Fund''), of which:
       (1) $1,115,500,000 from the Trust Fund to remain available 
     through December 31, 2021, is for grants to States for the 
     administration of State unemployment insurance laws as 
     authorized under title III of the Social Security Act 
     including grants to upgrade information technology to improve 
     the administration and processing of unemployment 
     compensation claims:  Provided, That, the Secretary may 
     distribute such amounts, with respect to upgrading 
     information technology, based on the condition and needs of 
     the State information technology systems or other appropriate 
     factors, which may include the ratio described under section 
     903(a)(2)(B) of the Social Security Act:  Provided further, 
     That funds provided for information technology under this 
     heading in this Act shall be available for obligation by the 
     States through September 30, 2027 and available for 
     expenditure by the States through September 30, 2028;
       (2) $38,500,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system, to remain 
     available through September 30, 2021; and
       (3) $350,000,000 from the Trust Fund is for grants to 
     States in accordance with section 6 of the Wagner-Peyser Act, 
     to remain available through June 30, 2021:
       Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Departmental Management'', 
     $15,600,000, to remain available until 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

[[Page S4781]]

     of Public Law 116-127, and activities under Public Law 116-
     136:  Provided, That the Secretary of Labor may transfer the 
     amounts provided under this heading in this Act as necessary 
     to ``Employment and Training Administration--Program 
     Administration'', ``Employee Benefits Security 
     Administration'', ``Wage and Hour Division'', Office of 
     Workers' Compensation Programs'', ``Occupational Safety and 
     Health Administration'', and ``Mine Safety and Health 
     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, 
     $5,000,000, to remain available until expended, shall be 
     transferred to ``Office of Inspector General'', for oversight 
     of activities related to Public Law 116-127 and Public Law 
     116-136 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.

                           General Provision

       Sec. __01.  Paragraph (1) under the heading ``Department of 
     Labor--Veterans Employment and Training'' of title I of 
     division A of Public Law 116-94 is amended by striking 
     ``obligation by the States through December 31, 2020'' and 
     inserting ``expenditure by the States through September 30, 
     2022'':  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                 Subtitle B--Health and Human Services

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $3,400,000,000, to remain available until 
     September 30, 2024, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     of the amount provided under this heading in this Act, not 
     less than $1,500,000,000 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, immunization activity, 
     mitigation, communications, and other preparedness and 
     response activities:  Provided further, That the amounts 
     included in the previous proviso shall be allocated to 
     States, localities, and territories according to the formula 
     that applied to the Public Health Emergency Preparedness 
     cooperative agreement in fiscal year 2019:  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 
     first and third provisos by making awards through other grant 
     or cooperative agreement mechanisms:  Provided further, That 
     of the amount provided under this heading in this Act, up to 
     $500,000,000 shall be for activities to plan, prepare for, 
     promote, distribute, administer, monitor, and track seasonal 
     influenza vaccines to ensure broad-based distribution, 
     access, and vaccine coverage:  Provided further, That funds 
     provided under this heading in this Act may reimburse CDC 
     obligations incurred for coronavirus vaccine planning, 
     preparation, promotion, and distribution prior to the 
     enactment of this Act:  Provided further, That CDC shall 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate within 60 days of enactment of 
     this Act on an enhanced seasonal influenza vaccination 
     strategy to include nationwide vaccination goals and specific 
     actions that CDC will take to achieve such goals:  Provided 
     further, That of the amount provided under this heading in 
     this Act, not less than $200,000,000 shall be for global 
     disease detection and emergency response to be coordinated 
     with funds provided in Public Law 116-123 and Public Law 116-
     136 to global disease detection and emergency response to 
     support CDC-led global health security response including CDC 
     regional planning efforts:  Provided further, That CDC shall 
     provide an update to the global health security report 
     required in Public Law 116-94 within 90 days of enactment of 
     this Act that shall include a spend plan for funds 
     appropriated in the previous proviso and funds appropriated 
     for global disease detection and emergency response in Public 
     Law 116-123 and Public Law 116-136:  Provided further, That 
     such spend plan shall describe the regions and countries that 
     CDC will prioritize and describe how CDC and USAID are 
     coordinating during planning and implementation:  Provided 
     further, That within one year of enactment of this Act and 
     every 365 days thereafter until funds provided in the eighth 
     proviso in this paragraph and in Public Law 116-123 and 
     Public Law 116-136 for global disease detection and emergency 
     response are expended, CDC shall provide an evaluation 
     outlining how investments in countering global health 
     threats, as well as investments made by region or country, as 
     applicable, have improved infectious disease response 
     capability in the region or country and additional progress 
     needed:  Provided further, That of the amount provided under 
     this heading in this Act, not less than $200,000,000 shall be 
     for public health data surveillance and analytics 
     modernization to be coordinated with funds provided in Public 
     Law 116-136 to support CDC-led data modernization efforts to 
     improve disease reporting across the country:  Provided 
     further, That CDC shall update the public health data 
     surveillance and IT systems modernization report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate required by Public Law 116-94 within 180 days 
     of enactment of this Act and every 365 days thereafter until 
     funds provided under this heading in this Act and in Public 
     Law 116-136 for public health surveillance and data 
     collection modernization are expended:  Provided further, 
     That such report shall include an assessment of the progress 
     State and territorial public health lab grantees have had in 
     meeting data modernization goals, an assessment of the 
     progress CDC internal public health data systems have had 
     meeting data modernization goals, and a detailed plan for 
     CDC's long-term data modernization goals, including how CDC 
     will receive near real-time data across the disease reporting 
     platforms:  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, 
     territorial, tribal, 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 of the amount provided 
     under this heading in this Act, $1,000,000 shall be to 
     develop and maintain a data system to be known as the Public 
     Safety Officer Suicide Reporting System, to collect data on 
     the suicide incidence among public safety officers; and 
     facilitate the study of successful interventions to reduce 
     suicide among public safety officers:  Provided further, That 
     such system shall be integrated into the National Violent 
     Death Reporting System:  Provided further, That amounts 
     repurposed under this heading in this Act 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:  Provided further, That such amount is designated by 
     the Congress as 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'', $290,000,000, 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 institute of diabetes and digestive and kidney diseases

       For an additional amount for ``National Institute of 
     Diabetes and Digestive and Kidney Diseases'', $200,000,000, 
     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 institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $480,555,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That $55,000,000 shall be for Regional 
     Biocontainment Laboratories:  Provided further, That funding 
     provided in the previous proviso shall be divided evenly 
     among the eleven laboratories:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

  eunice kennedy shriver national institute of child health and human 
                              development

       For an additional amount for ``Eunice Kennedy Shriver 
     National Institute of Child Health and Human Development'', 
     $172,680,000, 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

[[Page S4782]]

     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  national institute of mental health

       For an additional amount for ``National Institute of Mental 
     Health'', $200,000,000, 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 institute on minority health and health disparities

       For an additional amount for ``National Institute on 
     Minority Health and Health Disparities'', $64,334,000, 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'', $1,224,750,000, 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

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $12,905,337,000, to remain available until September 30, 
     2024, to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That not less 
     than $10,100,000,000 of the amount provided under this 
     heading in this Act shall be for offsetting the costs related 
     to reductions in lab productivity resulting from the 
     coronavirus pandemic or public health measures related to the 
     coronavirus pandemic:  Provided further, That $1,325,337,000 
     of the amount provided under this heading in this Act shall 
     be to support additional scientific research or the programs 
     and platforms that support research:  Provided further, That 
     $1,240,000,000 of the amount provided under this heading in 
     this Act shall be provided to accelerate the research and 
     development of therapeutic interventions and vaccines in 
     partnership:  Provided further, that no less than 
     $240,000,000 of the amount provided under this heading in 
     this Act shall be for supplements to existing research 
     training awards for extensions and other costs:  Provided 
     further, That funds available under this heading in this Act 
     may be transferred to the accounts of Institutes and Centers 
     of the NIH:  Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the NIH:  Provided further, That the Director shall enter 
     into an agreement with the National Academies of Sciences, 
     Engineering, and Medicine (``Academies'') to develop a 
     decision framework to assist domestic and global health 
     authorities in planning an equitable allocation of 
     coronavirus vaccines:  Provided further, That the Academies 
     shall consider equity criteria which may include 
     consideration of risk factors related to health disparities 
     and health care access, underlying health conditions, racial 
     and ethnic minorities, higher-risk occupations, first 
     responders, geographic distribution of the virus, and vaccine 
     hesitancy:  Provided further, That the Academies shall 
     provide recommendations to the Advisory Committee on 
     Immunization Practices no later than September 18, 2020:  
     Provided further, That the agreement shall include an ongoing 
     assessment of how vaccine distribution meets equity criteria 
     and recommendations for how vaccine distribution may better 
     align with such criteria as applicable which shall inform the 
     Advisory Committee on Immunization Practices prioritization 
     recommendations and vaccine distribution 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.

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

       For an additional amount for ``Heath Surveillance and 
     Program Support'', $4,500,000,000, 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, $1,500,000,000 shall be for grants for the 
     substance abuse prevention and treatment block grant program 
     under subpart II of part B of title XIX of the Public Health 
     Service Act (``PHS Act''):  Provided further, That of the 
     amount appropriated under this heading in this Act, 
     $2,000,000,000 shall be for grants for the community mental 
     health services block grant program under subpart I of part B 
     of title XIX of the PHS Act:  Provided further, That of the 
     amount appropriated in the previous proviso, the Assistant 
     Secretary is directed to provide no less than 50 percent of 
     funds directly to facilities defined in section 1913(c) of 
     the PHS Act:  Provided further, That of the amount 
     appropriated under this heading in this Act, not less than 
     $600,000,000 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, $100,000,000 
     shall be for activities and services under Project AWARE:  
     Provided further, That of the amount appropriated under this 
     heading in this Act, not less than $250,000,000 is available 
     for activities authorized under section 501(o) of the PHS 
     Act:  Provided further, That from within the amount 
     appropriated under this heading in this Act in the previous 
     provisos, a total of 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 with respect to 
     the amount appropriated under this heading in this Act the 
     Substance Abuse and Mental Health Services Administration may 
     waive requirements with respect to allowable activities, 
     timelines, or reporting requirements for the Substance Abuse 
     Prevention and Treatment Block Grant and the Community Mental 
     Health Services Block Grant as deemed necessary to facilitate 
     a grantee's response 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.

                Centers for Medicare & Medicaid Services

                           program management

       For an additional amount for ``Program Management'', 
     $150,000,000, to remain available through September 30, 2023, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically and internationally:  Provided, That amounts 
     appropriated under this heading in this Act shall be for 
     Centers for Medicare and Medicaid Services (``CMS'') strike 
     teams for resident and employee safety in skilled nursing 
     facilities and nursing facilities, including activities to 
     support clinical care, infection control, and staffing:  
     Provided further, That CMS shall provide a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 30 days after enactment of this Act outlining 
     a plan for executing strike team efforts, including how 
     safety and infection control measures will be assessed, how 
     facilities will be chosen, and the frequency by which skilled 
     nursing facilities and nursing facilities will be visited:  
     Provided further, That CMS shall administer section 223 of 
     Public Law 113-93 and consult with the Substance Abuse and 
     Mental Health Services Administration, as necessary:  
     Provided further, That such amount is designated by the 
     Congress as 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'', $1,500,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, or respond to 
     coronavirus, domestically or internationally, which shall be 
     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, $375,000,000 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'', $5,000,000,000, 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

[[Page S4783]]

     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 and any renewal of 
     such declaration pursuant to such section 319, 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'', $190,000,000, 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 as follows:
       (1) $65,000,000 for Family Violence Prevention and Services 
     grants as authorized by section 303(a) and 303(b) 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, of which 
     $2,000,000 shall be for the National Domestic Violence 
     Hotline:  Provided, That the Secretary may make such funds 
     available for providing temporary housing and assistance to 
     victims of family, domestic, and dating violence;
       (2) $75,000,000 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
       (3) $50,000,000 for necessary expenses for community-based 
     grants for the prevention of child abuse and neglect under 
     section 209 of the Child Abuse Prevention and Treatment Act, 
     which the Secretary shall make available without regard to 
     section 203(b)(1) and 204(4) of such Act:
       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.

                     back to work child care grants

       For an additional amount for ``Back to Work Child Care 
     Grants'', $10,000,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which shall be 
     for activities to carry out Back to Work Child Care Grants to 
     qualified child care providers, for a transition period of 
     not more than 9 months to assist in paying for fixed costs 
     and increased operating expenses due to COVID-19, and to 
     reenroll children in an environment that supports the health 
     and safety of children and staff:  Provided, That such amount 
     is designated by the Congress as 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'', $75,000,000, 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, 
     $58,000,000 shall be for activities authorized under the 
     Older Americans Act of 1965 (``OAA''), including $3,000,000 
     to implement a demonstration program on strategies to 
     recruit, retain, and advance direct care workers under 
     section 411(a)(13) of the OAA; $35,000,000 for supportive 
     services under part B of title III of the OAA; and 
     $20,000,000 for support services for family caregivers under 
     part E of title III of the OAA:  Provided further, That of 
     the amount made available under this heading in this Act, 
     $10,000,000 shall be available to support protection and 
     advocacy systems, as described under subtitle C of title I of 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act of 2000 (42 U.S.C. 15041 et seq.):  Provided further, 
     That of the amount made available under this heading in this 
     Act, $2,000,000 shall be for training, technical assistance, 
     and resource centers authorized under sections 202(a) and 411 
     of the OAA; training and technical assistance to centers for 
     independent living as authorized under section 721(b) of the 
     Rehabilitation Act of 1973 (except that the reservations 
     under paragraph (1) of such section shall not apply); 
     technical assistance by the Secretary of Health and Human 
     Services (``Secretary'') to State Councils on Developmental 
     Disabilities as authorized under subtitle B of title I of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (except that the reservations under section 129(b) of 
     such Act shall not apply); technical assistance by the 
     Secretary to protection and advocacy systems as authorized 
     under subtitle C of such title (except that the limits under 
     section 142(a)(6) of such Act shall not apply); and technical 
     assistance to University Centers for Excellence in 
     Developmental Disabilities Education, Research, and Service 
     as authorized under section 151(c) of such Act (except that 
     the reservations under section 156(a)(3)(B) of such Act shall 
     not apply):  Provided further, That of the amount made 
     available under this heading in this Act, $5,000,000 shall be 
     for activities authorized in the Assistive Technology Act of 
     2004:  Provided further, That such amount is designated by 
     the Congress as 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'', $29,000,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, the purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, as 
     well as medical surge capacity, addressing blood supply 
     chain, workforce modernization, telehealth access and 
     infrastructure, initial advanced manufacturing, novel 
     dispensing, enhancements to the U.S. Commissioned Corps, and 
     other preparedness and response activities:  Provided, That 
     funds appropriated under this paragraph in this Act may be 
     used to develop and demonstrate innovations and enhancements 
     to manufacturing platforms to support such capabilities:  
     Provided further, That the Secretary of Health and Human 
     Services shall purchase vaccines developed using funds made 
     available under this paragraph in this Act to respond to an 
     outbreak or pandemic related to coronavirus in quantities 
     determined by the Secretary to be adequate to address the 
     public health need:  Provided further, That products 
     purchased by the Federal government with funds made available 
     under this paragraph in this Act, including vaccines, 
     therapeutics, and diagnostics, shall be purchased in 
     accordance with Federal Acquisition Regulation guidance on 
     fair and reasonable pricing:  Provided further, That the 
     Secretary may take such measures authorized under current law 
     to ensure that vaccines, therapeutics, and diagnostics 
     developed from funds provided in this title 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 the Secretary shall ensure that 
     protections remain for individuals enrolled in group or 
     individual health care coverage with pre-existing conditions, 
     including those linked to coronavirus:  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 
     $2,000,000,000 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 Counter measure Process Fund, of 
     the Public Health Service Act:  Provided further, That of the 
     amount appropriated under this paragraph in this Act, 
     $20,000,000,000 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 provided under this heading in this Act, 
     $6,000,000,000 shall be for activities to plan, prepare for, 
     promote, distribute, administer, monitor, and track 
     coronavirus vaccines to ensure broad-based distribution, 
     access, and vaccine coverage:  Provided further, That the 
     Secretary shall coordinate

[[Page S4784]]

     funding and activities outlined in the previous proviso 
     through the Director of CDC:  Provided further, That the 
     Secretary, through the Director of CDC, shall report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate within 60 days of enactment of this Act on a 
     comprehensive coronavirus vaccine distribution strategy and 
     spend plan that includes how existing infrastructure will be 
     leveraged, enhancements or new infrastructure that may be 
     built, considerations for moving and storing vaccines, 
     guidance for how States and health care providers should 
     prepare for, store, and administer vaccines, nationwide 
     vaccination targets, funding that will be distributed to 
     States, how an informational campaign to both the public and 
     health care providers will be executed, and how the vaccine 
     distribution plan will focus efforts on high risk, 
     underserved, and minority populations:  Provided further, 
     That such plan shall be updated and provided to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 90 days after submission of the first plan:  
     Provided further, That the Secretary shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 2 days in advance of any obligation in excess 
     of $50,000,000, including but not limited to contracts and 
     interagency agreements, from funds provided in this paragraph 
     in this Act:  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, diagnostics, 
     and medical supplies where the Secretary determines that such 
     a contract is necessary to secure sufficient amounts of such 
     supplies:  Provided further, That the not later than 30 days 
     after enactment of this Act, and every 30 days thereafter 
     until funds are expended, the Secretary shall report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on uses of funding for Operation Warp Speed, 
     detailing current obligations by Department or Agency, or 
     component thereof broken out by the coronavirus supplemental 
     appropriations Act that provided the source of funds:  
     Provided further, That the plan outlined in the previous 
     proviso shall include funding by contract, grant, or other 
     transaction in excess of $20,000,000 with a notation of which 
     Department or Agency, and component thereof is managing the 
     contract:  Provided further, That such amount is designated 
     by the Congress as 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'', $8,085,000,000, to remain 
     available until September 30, 2022, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That $7,600,000,000 of the funds appropriated under 
     this paragraph in this Act shall be transferred to ``Health 
     Resources and Services Administration--Primary Health Care'' 
     for grants, cooperative agreements, and other necessary 
     expenses under the Health Centers Program, as defined by 
     section 330 of the PHS Act, including funding for alteration, 
     renovation, construction, equipment, and other capital 
     improvement costs, and including funding to support, 
     maintain, or increase health center capacity and staffing 
     levels, as necessary, to meet the needs of areas affected by 
     coronavirus:  Provided further, That sections 330(r)(2)(B), 
     330(e)(3), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) of the 
     PHS Act shall not apply to funds in the preceding proviso:  
     Provided further, That funding made available under this 
     paragraph in this Act shall not be subject to requirements 
     under the National Environmental Policy Act of 1969 or the 
     National Historic Preservation Act of 1966:  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 
     current health center capacity and staffing levels during a 
     public health emergency as a result of the coronavirus and 
     any renewal of such declaration pursuant to such section 319 
     shall be deemed a cost of prevention, diagnosis, and 
     treatment of coronavirus:  Provided further, That 
     $250,000,000 of the funds appropriated under this paragraph 
     in this Act shall be transferred to ``Health Resources and 
     Services Administration--Bureau of Health Workforce'', to 
     remain available until September 30, 2022, for supplements to 
     existing payments under subsections 340E(a) and (h)(1) 
     notwithstanding the cap imposed by subsection (h)(1) and 
     notwithstanding subsection (h)(6), for Children's Hospitals 
     Graduate Medical Education, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided further, That $5,000,000 of the funds appropriated 
     under this paragraph in this Act 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 of the amount 
     appropriated under this paragraph in this Act, $225,000,000 
     shall be for grants or other mechanisms, to rural health 
     clinics as defined in section 1861(aa)(2) of the Social 
     Security Act with such funds also available to such entities 
     for building or construction of temporary structures, leasing 
     of properties, and retrofitting facilities as necessary to 
     support COVID-19 testing:  Provided further, That such funds 
     shall be distributed using the procedures developed for the 
     Provider Relief Fund authorized under the third paragraph 
     under this heading in division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136); may 
     be distributed using contracts or agreements established for 
     such program; and shall be subject to the process 
     requirements applicable to such program:  Provided further, 
     That the Secretary may specify a minimum amount for each 
     eligible entity accepting assistance under the two previous 
     provisos:  Provided further, That of the amount made 
     available under this heading in this Act to prevent, prepare 
     for, and respond to coronavirus, $5,000,000, shall be 
     available to implement section 747A of the PHS Act and 
     section 747A(c) shall not apply to these 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.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $16,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be for necessary expenses for testing, contact 
     tracing, surveillance, containment, and mitigation to monitor 
     and suppress COVID-19, including tests for both active 
     infection and prior exposure, including molecular, antigen, 
     and serological tests, the manufacturing, procurement and 
     distribution of tests, testing equipment and testing 
     supplies, including personal protective equipment needed for 
     administering tests, the development and validation of rapid, 
     molecular point-of-care tests, and other tests, support for 
     workforce, epidemiology, to scale up academic, commercial, 
     public health, and hospital laboratories, to conduct 
     surveillance and contact tracing, support development of 
     COVID-19 testing plans, and other related activities related 
     to COVID-19 testing:  Provided, That of the amount 
     appropriated under this paragraph in this Act, not less than 
     $15,000,000,000 shall be for States, localities, territories, 
     tribes, tribal organizations, urban Indian health 
     organizations, or health service providers to tribes for 
     necessary expenses for testing, contact tracing, 
     surveillance, containment, and mitigation, including support 
     for workforce, epidemiology, use by employers, elementary and 
     secondary schools, child care facilities, institutions of 
     higher education, long-term care facilities, or in other 
     settings, scale up of testing by public health, academic, 
     commercial, and hospital laboratories, and community-based 
     testing sites, health care facilities, and other entities 
     engaged in COVID-19 testing, and other related activities 
     related to COVID-19 testing, contact tracing, surveillance, 
     containment, and mitigation:  Provided further, That the 
     amount identified in the preceding proviso shall be allocated 
     to States, localities, and territories according to the 
     formula that applied to the Public Health Emergency 
     Preparedness cooperative agreement in fiscal year 2019:  
     Provided further, That not less than $500,000,000 shall be 
     allocated in coordination with the Director of the Indian 
     Health Service, to tribes, tribal organizations, urban Indian 
     health organizations, or health service providers to tribes:  
     Provided further, That the Secretary of Health and Human 
     Services (referred to in this paragraph as the ``Secretary'') 
     may satisfy the funding thresholds outlined in the first and 
     third provisos under this paragraph in this Act by making 
     awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That the Governor or designee 
     of each State, locality, territory, tribe, or tribal 
     organization receiving funds pursuant to this title shall 
     update their plans, as applicable, for COVID-19 testing and 
     contact tracing submitted to the Secretary pursuant to the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139) and submit such updates to the Secretary 
     not later than 60 days after funds appropriated in this 
     paragraph in this Act have been awarded to such recipient:  
     Provided further, That funds an entity receives from amounts 
     described in the first proviso in this paragraph may also be 
     used for the rent, lease, purchase, acquisition, 
     construction, alteration, renovation, or equipping of non-
     federally owned facilities to improve coronavirus 
     preparedness and response capability at the State and local 
     level:  Provided further, That such amount is designated by 
     the Congress as 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'', $25,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be 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

[[Page S4785]]

     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.

                           General Provisions

                     (including transfer of funds)

       Sec. __10.  Funds appropriated by this subtitle 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. __11.  Funds made available by this subtitle 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. __12. (a) If services performed by an employee during 
     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. __13.  The paragraph codified at 42 U.S.C. 231 shall 
     be applied in this and all other fiscal years as though the 
     phrase ``central services'' referred to central services for 
     any Federal agency, and this section shall be effective as if 
     enacted on the date of enactment of such paragraph.
       Sec. __14.  Funds appropriated by this subtitle to the 
     heading ``Department of Health and Human Services'' except 
     for the amounts specified in the third, and fourth paragraphs 
     under the heading ``Public Health and Social Services 
     Emergency Fund'', 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 subtitle are not necessary, such 
     amounts may be transferred back to that appropriation:  
     Provided further, That none of the funds made available by 
     this subtitle 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. __15.  Of the funds appropriated by this subtitle 
     under the heading ``Public Health and Social Services 
     Emergency Fund'', up to $6,000,000 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. __16.  Funds made available in Public Law 113-235 to 
     the accounts of the National Institutes of Health that were 
     available for obligation through fiscal year 2015 are to 
     remain available through fiscal year 2021 for the liquidation 
     of valid obligations incurred in fiscal year 2015:  Provided, 
     That such amount is designated by the Congress as 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. __17.  Section 675B(b)(3) of the Community Services 
     Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply with 
     respect to funds appropriated by the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) to carry out 
     the Community Services Block Grant Act (42 U.S.C. 9901 et 
     seq.):  Provided, That 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.

                         Subtitle C--Education

                        DEPARTMENT OF EDUCATION

                      education stabilization fund

       For an additional amount for ``Education Stabilization 
     Fund'', $105,000,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                           General Provisions

                      education stabilization fund

       Sec. __21. (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--

[[Page S4786]]

       (1) not more than one half of 1 percent to the outlying 
     areas on the basis of the terms and conditions for funding 
     provided under this heading in the Coronavirus Aid, Relief, 
     and Economic Security (CARES) Act (Public Law 116-136); and
       (2) one-half of 1 percent for the Secretary of the Interior 
     for programs operated or funded by the Bureau of Indian 
     Education, under the terms and conditions established for 
     funding provided under this heading in the CARES Act (Public 
     Law 116-136).
       (b) Reservations.--After carrying out subsection (a), the 
     Secretary shall reserve the remaining funds made available as 
     follows:
       (1) 5 percent to carry out section __22 of this title.
       (2) 67 percent to carry out section __23 of this title.
       (3) 28 percent to carry out section __24 of this title.

               governor's emergency education relief fund

       Sec. __22. (a) Grants.--From funds reserved under section 
     __21(b)(1) of this title, the Secretary shall make 
     supplemental Emergency Education Relief grants to the 
     Governor of each State with an approved application under 
     section 18002 of division B of the CARES Act (Public Law 116-
     136). The Secretary shall award funds under this section to 
     the Governor of each State with an approved application 
     within 30 calendar days of enactment of this Act.
       (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 __23(e) of this 
     title, the ESEA of 1965, the Higher Education Act of 1965, 
     the provision of child care and early childhood education, 
     social and emotional support, career and technical education, 
     adult education, 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 6 months of receiving such 
     funds and the Secretary shall reallocate such funds to the 
     remaining States in accordance with subsection (b).
       (e) Report.--A Governor receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.

         elementary and secondary school emergency relief fund

       Sec. __23. (a) Grants.--From funds reserved under section 
     __21(b)(2) of this title, the Secretary shall make 
     supplemental elementary and secondary school emergency relief 
     grants to each State educational agency with an approved 
     application under section 18003 of division B of the CARES 
     Act (Public Law 116-136). The Secretary shall award funds 
     under this section to each State educational agency with an 
     approved application within 15 calendar days of enactment of 
     this Act.
       (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.--From the payment provided by the Secretary 
     under subsection (b), the State educational agency shall 
     provide services and assistance to local educational agencies 
     and non-public schools, consistent with the provisions of 
     this subtitle. After carrying out the reservation of funds in 
     section __25 of this title, each State shall allocate not 
     less than 90 percent of the remaining 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. The state educational agency shall make such 
     subgrants to local educational agencies as follows--
       (1) one-third of funds shall be awarded not less than 15 
     calendar days after receiving an award from the Secretary 
     under this section; and
       (2) the remaining two-thirds of funds shall be awarded only 
     after the local educational agency submits to the Governor 
     and the Governor approves a comprehensive school reopening 
     plan for the 2020-2021 school-year, based on criteria 
     determined by the Governor in consultation with the state 
     educational agency (including criteria for the Governor to 
     carry out subparagraph (A) through (C)), that describes how 
     the local educational agency will safely reopen schools with 
     the physical presence of students, consistent with 
     maintaining safe and continuous operations aligned with 
     challenging state academic standards. The Governor shall 
     approve such plans within 30 days after the plan is 
     submitted, subject to the requirements in subparagraphs (A) 
     through (C).
       (A) A local educational agency that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as it was defined by the local educational 
     agency prior to the coronavirus emergency, shall have its 
     plan automatically approved.
       (B) A local educational agency that does not provide in-
     person instruction to any students where the students 
     physically attend school in-person shall not be eligible to 
     receive a subgrant under paragraph (2).
       (C) A local educational agency that provides in-person 
     instruction to at least some students where the students 
     physically attend school in-person but does not satisfy the 
     requirements in subparagraph (A) shall have its allocation 
     reduced on a pro rata basis as determined by the Governor.
       (d) Plan Contents.--A school reopening plan submitted to a 
     Governor under subsection (c)(2) shall include, in addition 
     to any other information necessary to meet the criteria 
     determined by the Governor--
       (1) A detailed timeline for when the local educational 
     agency will provide in-person instruction, including the 
     goals and criteria used for providing full-time in-person 
     instruction to all students;
       (2) A description of how many days of in-person instruction 
     per calendar week the local educational agency plans to offer 
     to students during the 2020-2021 school year; and
       (3) An assurance that the local educational agency will 
     offer students as much in-person instruction as is safe and 
     practicable, consistent with maintaining safe and continuous 
     operations aligned with challenging state academic standards.
       (e) Uses of Funds.--
       (1) A local educational agency or non-public school that 
     receives funds under subsection (c)(1) or section __25 may 
     use funds for any of the following:
       (A) Activities to support returning to in-person 
     instruction, including purchasing personal protective 
     equipment, implementing flexible schedules to keep children 
     in isolated groups, purchasing box lunches so that children 
     can eat in their classroom, purchasing physical barriers, 
     providing additional transportation services, repurposing 
     existing school rooms and space, and improving ventilation 
     systems.
       (B) Developing and implementing procedures and systems to 
     improve the preparedness and response efforts of local 
     educational agencies or non-public schools including 
     coordination 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.
       (C) Providing principals and other school leaders with the 
     resources necessary to address the needs of their individual 
     schools directly related to coronavirus.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) 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.
       (H) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.

[[Page S4787]]

       (I) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (J) 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.
       (2) A local educational agency that receives funds under 
     subsection (c)(2) may use the funds for activities to carry 
     out a comprehensive school reopening plan as described in 
     this section, including:
       (A) Purchasing personal protective equipment, implementing 
     flexible schedules to keep children in isolated groups, 
     purchasing box lunches so that children can eat in their 
     classroom, purchasing physical barriers, providing additional 
     transportation services, repurposing existing school rooms 
     and space, and improving ventilation systems.
       (B) Developing and implementation of procedures and systems 
     to improve the preparedness and response efforts of local 
     educational agencies or non-public schools, including 
     coordination 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.
       (C) Providing principals and others school leaders with the 
     resources necessary to address the needs of their individual 
     schools.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (H) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (I) Planning and implementing activities related to summer 
     learning and supplemental afterschool programs, including 
     providing classroom instruction 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.
       (f) State Funding.--A State may reserve not more than 5 
     percent of the funds not otherwise allocated under subsection 
     (c) and section __25 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.
       (g) Assurances.--A State, state educational agency, or 
     local educational agency receiving funding under this section 
     shall provide assurances, as applicable, that:
       (1) A State, State educational agency, or local educational 
     agency will maintain and expand access to high-quality 
     schools, including high-quality public charter schools, and 
     will not--
       (A) enact policies to close or prevent the expansion of 
     such schools to address revenue shortfalls that result in the 
     disproportionate closure or denial of expansion of public 
     charter schools that are otherwise meeting the terms of their 
     charter for academic achievement; or
       (B) disproportionally reduce funding to charter schools or 
     otherwise increase funding gaps between charter schools and 
     other public schools in the local educational agency.
       (2) Allocations of funding and services provided from funds 
     provided in this section to public charter schools are made 
     on the same basis as is used for all public schools, 
     consistent with state law and in consultation with charter 
     school leaders.
       (h) Report.--A State receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (i) Reallocation.--A State shall return to the Secretary 
     any funds received under this section that the State does not 
     award within 4 months of receiving such funds and the 
     Secretary shall deposit such funds into the general fund of 
     the Treasury.
       (j) Rule of Construction.--
       (1) The receipt of any funds authorized or appropriated 
     under this section, including pursuant to section __25 of 
     this Act, by a nonprofit entity, or by any individual who has 
     been admitted or applied for admission to such entity (or any 
     parent or guardian of such individual), shall not be 
     construed to render such entity or person a recipient of 
     Federal financial assistance for any purpose, nor shall any 
     such person or entity be required to make any alteration to 
     its existing programs, facilities, or employment practices 
     except as required under this section.
       (2) No State participating in any program under this 
     section, including pursuant to section __25 of this Act, 
     shall impose any penalty or additional requirement upon, or 
     otherwise disadvantage, such entity or person as a 
     consequence or condition of its receipt of such funds.
       (3) No State participating in any program under this 
     section shall authorize any person or entity to use any funds 
     authorized or appropriated under this section, including 
     pursuant to section __25 of this Act, except as provided by 
     subsection (e), nor shall any such State impose any limits 
     upon the use of any such funds except as provided by 
     subsection (e).

                 higher education emergency relief fund

       Sec. __24. (a) In General.--From funds reserved under 
     section __21(b)(3) of this title the Secretary shall allocate 
     amounts as follows:
       (1) 85 percent to each institution of higher education 
     described in section 101 or section 102(c) of the Higher 
     Education Act of 1965 to prevent, prepare for, and respond to 
     coronavirus, by apportioning it--
       (A) 90 percent according to the relative share of full-time 
     equivalent enrollment of Federal Pell Grant recipients who 
     were not exclusively enrolled in distance education courses 
     prior to the coronavirus emergency; and
       (B) 10 percent according to the relative share of full-time 
     equivalent enrollment of students who were not Federal Pell 
     Grant recipients who were not exclusively enrolled in 
     distance education courses prior to the coronavirus 
     emergency.
       (2) 10 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 __24(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 distributed to eligible institutions 
     of higher education, except as otherwise provided in 
     subparagraphs (A)-(D), on the basis of the formula described 
     in section __24(a)(1) of this title:
       (A) Except as otherwise provided in subparagraph (B), for 
     eligible institutions under part B of title III and subpart 4 
     of part A of title VII of the Higher Education Act, the 
     Secretary shall allot to each eligible institution an amount 
     using the following formula:
       (i) 70 percent according to a ratio equivalent to the 
     number of Pell Grant recipients in attendance at such 
     institution at the end of the school year preceding the 
     beginning of the most recent fiscal year and the total number 
     of Pell Grant recipients at all such institutions;
       (ii) 20 percent according to a ratio equivalent to the 
     total number of students enrolled at such institution at the 
     end of the school year preceding the beginning of that fiscal 
     year and the number of students enrolled at all such 
     institutions; and
       (iii) 10 percent according to a ratio equivalent to the 
     total endowment size at all eligible institutions at the end 
     of the school year preceding the beginning of that fiscal 
     year and the total endowment size at such institutions;
       (B) For eligible institutions under section 326 of the 
     Higher Education Act, the Secretary shall allot to each 
     eligible institution an amount in proportion to the award 
     received from funding for such institutions in the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94);
       (C) For eligible institutions under section 316 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 316(d)(3) of the Higher 
     Education Act; and
       (D) Notwithstanding section 318(f) of the Higher Education 
     Act, for eligible institutions under section 318 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 318(e) of the Higher 
     Education Act.
       (3) 5 percent for grants to institutions of higher 
     education that the Secretary determines, through an 
     application process and after allocating funds under 
     paragraphs __24(a)(1) and (2) of this Act, have the greatest 
     unmet needs related to coronavirus. In awarding funds to 
     institutions of higher education under this paragraph the 
     Secretary shall prioritize institutions of higher education--
       (A) described under title I of the Higher Education Act of 
     1965 that were not eligible to receive an award under section 
     __24(a)(1) of this title, including institutions described in 
     section 102(b) of the Higher Education Act of 1965; and
       (B) that otherwise demonstrate significant needs related to 
     coronavirus that were not addressed by funding allocated 
     under subsections (a)(1) or (a)(2) of this section.
       (b) Distribution.--The funds made available to each 
     institution under subsection (a)(1) shall be distributed by 
     the Secretary

[[Page S4788]]

     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.--An institution of higher education 
     receiving funds under this section may use the funds received 
     to:
       (1) defray expenses associated with coronavirus (including 
     lost revenue, reimbursement for expenses already incurred, 
     technology costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll); and
       (2) provide financial aid grants to students (including 
     students exclusively enrolled in distance education), which 
     may be used for any component of the student's cost of 
     attendance or for emergency costs that arise due to 
     coronavirus.
       (d) Special Provisions.--
       (1) 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.
       (2) An institution of higher education receiving funds 
     under section 18004 of division B of the CARES Act (Public 
     Law 116-136) may use those funds under the terms and 
     conditions of section __24(c) of this Act. Amounts repurposed 
     pursuant to this paragraph 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.
       (3) No funds received by an institution of higher education 
     under this section shall be used to fund contractors for the 
     provision of pre-enrollment recruitment activities; 
     endowments; or capital outlays associated with facilities 
     related to athletics, sectarian instruction, or religious 
     worship.
       (4) An institution of higher education that was required to 
     remit payment to the Internal Revenue Service for the excise 
     tax based on investment income of private colleges and 
     universities under section 4968 of the Internal Revenue Code 
     of 1986 for tax year 2019 shall have their allocation under 
     this section reduced by 50 percent and may only use funds for 
     activities described in paragraph (c)(2). This paragraph 
     shall not apply to an institution of higher education 
     designated by the Secretary as an eligible institution under 
     section 448 of the Higher Education Act of 1965.
       (e) Report.--An institution receiving funds under this 
     section shall submit a report to the Secretary, not later 
     than 6 months after receiving funding provided in this title, 
     in such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (f) Reallocation.--Any funds allocated to an institution of 
     higher education under this section on the basis of a formula 
     described in subsection (a)(1) or (a)(2) but for which an 
     institution does not apply for funding within 60 days of the 
     publication of the notice inviting applications, shall be 
     reallocated to eligible institutions that had submitted an 
     application by such date.

                    assistance to non-public schools

       Sec. __25. (a) Funds Availability.--From the payment 
     provided by the Secretary under section __23 of this title to 
     a State educational agency, the State educational agency 
     shall reserve an amount of funds equal to the percentage of 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency. Upon 
     reserving funds under this section, the Governor of the State 
     shall award such funds equally to each non-public school 
     accredited or otherwise located in and licensed to operate in 
     the State based on the number of low-income students enrolled 
     in the non-public school as a share of all low-income 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency, 
     subject to the requirements in subsection (b).
       (b)(1) A non-public school that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as determined by the non-public school 
     prior to the coronavirus emergency, shall be eligible for the 
     full amount of assistance per student as prescribed under 
     this section.
       (2) A non-public school that does not provide in-person 
     instruction to any students where the students physically 
     attend school in-person shall only be eligible for one-third 
     of the amount of assistance per student as prescribed under 
     this section.
       (3) A non-public school that provides in-person instruction 
     to at least some students where the students physically 
     attend school in-person but does not satisfy the requirements 
     in paragraph (1) shall have its amount of assistance as 
     prescribed under this section reduced on a pro rata basis, 
     which shall be calculated using the same methodology as is 
     used under section __23(c)(2)(C) of this title.
       (4) A Governor shall allocate not less than 50 percent of 
     the funds reserved in this section to non-public schools 
     within 30 days of receiving an award from the Secretary and 
     the remaining 50 percent not less than 4 months after 
     receiving an award from the Secretary.

                     continued payment to employees

       Sec. __26.  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. __27.  Except as otherwise provided in sections __21-
     __26 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. __28.  A State's application for funds to carry out 
     sections __22 or __23 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 proportional levels of 
     such State's support for elementary and secondary education 
     and for higher education relative to such States overall 
     spending in fiscal year 2019.

                       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.

                    Institute of Education Sciences

       For an additional amount for ``Institute of Education 
     Sciences'', $65,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for carrying 
     out the National Assessment of Educational Progress 
     Authorization Act (title III of Public Law 107-279):  
     Provided, That such amount is designated by the Congress as 
     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 inspector general

       For an additional amount for ``Office of 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 title 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.

                           General Provisions

       Sec. __29.  Funds made available in Public Law 115-245 
     under the heading ``National Technical Institute for the 
     Deaf'' that were available for obligation through fiscal year 
     2019, and where a valid obligation was incurred in such 
     fiscal year, are to remain available for obligation and 
     expenditure by educational agencies or institutions through 
     fiscal year 2021, notwithstanding section 412(b) of the 
     General Education Provisions Act (20 U.S.C. 1225):  Provided, 
     That such amount is designated by the Congress as 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 S4789]]

       Sec. __30.  Funds made available in Public Law 115-245 
     under the heading ``Gallaudet University'' that were 
     available for obligation through fiscal year 2019, and where 
     a valid obligation was incurred in such fiscal year, are to 
     remain available for obligation and expenditure by 
     educational agencies or institutions through fiscal year 
     2021, notwithstanding section 412(b) of the General Education 
     Provisions Act (20 U.S.C. 1225):  Provided, That such amount 
     is designated by the Congress as 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. __31.  Funds made available in Public Law 113-76 under 
     the heading ``Innovation and Improvement'' that were 
     available for obligation through December 31, 2014 for the 
     Investing in Innovation program pursuant to the eighth and 
     ninth provisos under that heading in that Act are to remain 
     available through fiscal year 2021 for the liquidation of 
     valid obligations incurred in fiscal years 2014 or 2015:  
     Provided, That such amount is designated by the Congress as 
     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. __32.  Funds made available in Public Law 113-76 under 
     the heading ``Rehabilitation Services and Disability 
     Research'' that were available for obligation through fiscal 
     year 2015 for the Automated Personalization Computing Project 
     pursuant to the first four provisos under that heading in 
     that Act are to remain available through fiscal year 2021 for 
     the liquidation of valid obligations incurred in fiscal years 
     2014 or 2015:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                      Subtitle D--Related Matters

                            RELATED AGENCIES

                  Corporation for Public Broadcasting

       For an additional amount for ``Corporation for Public 
     Broadcasting,'' $175,000,000, to remain available until 
     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.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. __41.  Not later than 30 days after the date of 
     enactment of this Act, the Secretaries of Labor, Health and 
     Human Services, and Education shall provide a detailed spend 
     plan of anticipated uses of funds made available in this 
     title, 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. __42. (a) The remaining unobligated balances of funds 
     as of September 30, 2020, from amounts provided under the 
     heading ``Corporation for National and Community Service--
     Operating Expenses'' in title IV of division A of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94), 
     are hereby permanently rescinded, and an amount of additional 
     new budget authority equivalent to the amount rescinded is 
     hereby appropriated on September 30, 2020, to remain 
     available until September 30, 2021, and shall be available 
     for the same purposes, in addition to other funds as may be 
     available for such purposes, and under the same authorities 
     for which the funds were originally provided in Public Law 
     116-94:  Provided, That any amounts appropriated by the 
     preceding proviso shall not be subject to the allotment 
     requirements otherwise applicable under sections 129(a), (b), 
     (d), and (e) of the National and Community Service Act of 
     1993:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       (b)(1) Subsection (b) of section 3514 of title III of 
     division A of the CARES Act (Public Law 116-136) is hereby 
     repealed, and shall be applied hereafter as if such 
     subsection had never been enacted.
       (2)(A) In general.--The amounts provided under this 
     subsection 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 subsection 
     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.
       (C) Classification of budgetary effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(7) 
     and (c)(8) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the budgetary effects of this 
     subsection--
       (i) shall not be estimated for purposes of section 251 of 
     such Act;
       (ii) shall not be estimated for purposes of paragraph 
     (4)(C) of section 3 of the Statutory Pay As-You-Go Act of 
     2010 as being included in an appropriation Act; and
       (iii) shall be treated as if they were contained in a PAYGO 
     Act, as defined by section 3(7) of the Statutory Pay-As-You-
     Go Act of 2010 (2 U.S.C. 932(7)).
                                 ______
                                 
  SA 2522. Mr. BLUNT (for himself, Mrs. Capito, and Mrs. Hyde-Smith) 
submitted an amendment intended to be proposed to amendment SA 2499 
proposed by Mr. McConnell to the bill S. 178, to condemn gross human 
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for 
an end to arbitrary detention, torture, and harassment of these 
communities inside and outside China; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

               national heart, lung, and blood institute

       For an additional amount for ``National Heart, Lung, and 
     Blood Institute'', $290,000,000, 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 institute of diabetes and digestive and kidney diseases

       For an additional amount for ``National Institute of 
     Diabetes and Digestive and Kidney Diseases'', $200,000,000, 
     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 institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $480,555,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That $55,000,000 shall be for Regional 
     Biocontainment Laboratories:  Provided further, That funding 
     provided in the previous proviso shall be divided evenly 
     among the eleven laboratories:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

  eunice kennedy shriver national institute of child health and human 
                              development

       For an additional amount for ``Eunice Kennedy Shriver 
     National Institute of Child Health and Human Development'', 
     $172,680,000, 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 mental health

       For an additional amount for ``National Institute of Mental 
     Health'', $200,000,000, 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 institute on minority health and health disparities

       For an additional amount for ``National Institute on 
     Minority Health and Health Disparities'', $64,334,000, 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'', $1,224,750,000, 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.

[[Page S4790]]

  


                         office of the director

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $12,905,337,000, to remain available until September 30, 
     2024, to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That not less 
     than $10,100,000,000 of the amount provided under this 
     heading in this Act shall be for offsetting the costs related 
     to reductions in lab productivity resulting from the 
     coronavirus pandemic or public health measures related to the 
     coronavirus pandemic:  Provided further, That $1,325,337,000 
     of the amount provided under this heading in this Act shall 
     be to support additional scientific research or the programs 
     and platforms that support research:  Provided further, That 
     $1,240,000,000 of the amount provided under this heading in 
     this Act shall be provided to accelerate the research and 
     development of therapeutic interventions and vaccines in 
     partnership:  Provided further, that no less than 
     $240,000,000 of the amount provided under this heading in 
     this Act shall be for supplements to existing research 
     training awards for extensions and other costs:  Provided 
     further, That funds available under this heading in this Act 
     may be transferred to the accounts of Institutes and Centers 
     of the NIH:  Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the NIH:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2523. Mr. BLUNT (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $26,000,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, the purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, as 
     well as medical surge capacity, addressing blood supply 
     chain, workforce modernization, telehealth access and 
     infrastructure, initial advanced manufacturing, novel 
     dispensing, enhancements to the U.S. Commissioned Corps, and 
     other preparedness and response activities:  Provided, That 
     funds appropriated under this paragraph in this Act may be 
     used to develop and demonstrate innovations and enhancements 
     to manufacturing platforms to support such capabilities:  
     Provided further, That the Secretary of Health and Human 
     Services shall purchase vaccines developed using funds made 
     available under this paragraph in this Act to respond to an 
     outbreak or pandemic related to coronavirus in quantities 
     determined by the Secretary to be adequate to address the 
     public health need:  Provided further, That products 
     purchased by the Federal government with funds made available 
     under this paragraph in this Act, including vaccines, 
     therapeutics, and diagnostics, shall be purchased in 
     accordance with Federal Acquisition Regulation guidance on 
     fair and reasonable pricing:  Provided further, That the 
     Secretary may take such measures authorized under current law 
     to ensure that vaccines, therapeutics, and diagnostics 
     developed from funds provided in this title 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 the Secretary shall ensure that 
     protections remain for individuals enrolled in group or 
     individual health care coverage with pre-existing conditions, 
     including those linked to coronavirus:  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 funds appropriated under 
     this paragraph in this Act may be transferred to, and merged 
     with, the fund authorized by section 319F-4, the Covered 
     Counter measure Process Fund, of the Public Health Service 
     Act:  Provided further, That of the amount appropriated under 
     this paragraph in this Act, $20,000,000,000 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 provided 
     under this heading in this Act, $6,000,000,000 shall be for 
     activities to plan, prepare for, promote, distribute, 
     administer, monitor, and track coronavirus vaccines to ensure 
     broad-based distribution, access, and vaccine coverage:  
     Provided further, That the Secretary shall coordinate funding 
     and activities outlined in the previous proviso through the 
     Director of CDC:  Provided further, That the Secretary, 
     through the Director of CDC, shall report to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate within 60 days of enactment of this Act on a 
     comprehensive coronavirus vaccine distribution strategy and 
     spend plan that includes how existing infrastructure will be 
     leveraged, enhancements or new infrastructure that may be 
     built, considerations for moving and storing vaccines, 
     guidance for how States and health care providers should 
     prepare for, store, and administer vaccines, nationwide 
     vaccination targets, funding that will be distributed to 
     States, how an informational campaign to both the public and 
     health care providers will be executed, and how the vaccine 
     distribution plan will focus efforts on high risk, 
     underserved, and minority populations:  Provided further, 
     That such plan shall be updated and provided to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 90 days after submission of the first plan:  
     Provided further, That the Secretary shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 2 days in advance of any obligation in excess 
     of $50,000,000, including but not limited to contracts and 
     interagency agreements, from funds provided in this paragraph 
     in this Act:  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, diagnostics, 
     and medical supplies where the Secretary determines that such 
     a contract is necessary to secure sufficient amounts of such 
     supplies:  Provided further, That the not later than 30 days 
     after enactment of this Act, and every 30 days thereafter 
     until funds are expended, the Secretary shall report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on uses of funding for Operation Warp Speed, 
     detailing current obligations by Department or Agency, or 
     component thereof broken out by the coronavirus supplemental 
     appropriations Act that provided the source of funds:  
     Provided further, That the plan outlined in the previous 
     proviso shall include funding by contract, grant, or other 
     transaction in excess of $20,000,000 with a notation of which 
     Department or Agency, and component thereof is managing the 
     contract: Provided further, That the Secretary shall enter 
     into an agreement with the National Academies of Sciences, 
     Engineering, and Medicine (``Academies'') to develop a 
     decision framework to assist domestic and global health 
     authorities in planning an equitable distribution of 
     coronavirus vaccines: Provided further, That the Academies, 
     in developing the framework, shall consider equity criteria 
     which may include consideration of risk factors related to 
     health disparities and health care access, underlying health 
     conditions, conditions faced by racial and ethnic minorities, 
     individuals in higher-risk occupations, and first responders, 
     geographic distribution of the coronavirus, and vaccine 
     hesitancy: Provided further, That the Academies shall provide 
     recommendations on vaccine distribution to the Advisory 
     Committee on Immunization Practices not later than September 
     18, 2020: Provided further, That the agreement shall provide 
     for an ongoing assessment by the Academies of how vaccine 
     distribution meets equity criteria and recommendations for 
     how vaccine distribution may better align with such criteria 
     as applicable, which shall inform the Advisory Committee on 
     Immunization Practices's prioritization recommendations and 
     vaccine distribution 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.
                                 ______
                                 
  SA 2524. Mr. BLUNT (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

                               TITLE __--

                        DEPARTMENT OF EDUCATION

                      education stabilization fund

       For an additional amount for ``Education Stabilization 
     Fund'', $105,000,000,000, to remain available through 
     September 30, 2021,

[[Page S4791]]

     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. __11. (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 one half of 1 percent to the outlying 
     areas on the basis of the terms and conditions for funding 
     provided under this heading in the Coronavirus Aid, Relief, 
     and Economic Security (CARES) Act (Public Law 116-136); and
       (2) one-half of 1 percent for the Secretary of the Interior 
     for programs operated or funded by the Bureau of Indian 
     Education, under the terms and conditions established for 
     funding provided under this heading in the CARES Act (Public 
     Law 116-136).
       (b) Reservations.--After carrying out subsection (a), the 
     Secretary shall reserve the remaining funds made available as 
     follows:
       (1) 5 percent to carry out section __12 of this title.
       (2) 67 percent to carry out section __13 of this title.
       (3) 28 percent to carry out section __14 of this title.

               governor's emergency education relief fund

       Sec. __12. (a) Grants.--From funds reserved under section 
     __11(b)(1) of this title, the Secretary shall make 
     supplemental Emergency Education Relief grants to the 
     Governor of each State with an approved application under 
     section 18002 of division B of the CARES Act (Public Law 116-
     136). The Secretary shall award funds under this section to 
     the Governor of each State with an approved application 
     within 30 calendar days of enactment of this Act.
       (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 __13(e) of this 
     title, the ESEA of 1965, the Higher Education Act of 1965, 
     the provision of child care and early childhood education, 
     social and emotional support, career and technical education, 
     adult education, 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 6 months of receiving such 
     funds and the Secretary shall reallocate such funds to the 
     remaining States in accordance with subsection (b).
       (e) Report.--A Governor receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.

         elementary and secondary school emergency relief fund

       Sec. __13. (a) Grants.--From funds reserved under section 
     __11(b)(2) of this title, the Secretary shall make 
     supplemental elementary and secondary school emergency relief 
     grants to each State educational agency with an approved 
     application under section 18003 of division B of the CARES 
     Act (Public Law 116-136). The Secretary shall award funds 
     under this section to each State educational agency with an 
     approved application within 15 calendar days of enactment of 
     this Act.
       (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.--From the payment provided by the Secretary 
     under subsection (b), the State educational agency shall 
     provide services and assistance to local educational agencies 
     and non-public schools, consistent with the provisions of 
     this title relating to the Department of Education. After 
     carrying out the reservation of funds in section __15 of this 
     title, each State shall allocate not less than 90 percent of 
     the remaining 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. The state 
     educational agency shall make such subgrants to local 
     educational agencies as follows--
       (1) one-third of funds shall be awarded not less than 15 
     calendar days after receiving an award from the Secretary 
     under this section; and
       (2) the remaining two-thirds of funds shall be awarded only 
     after the local educational agency submits to the Governor 
     and the Governor approves a comprehensive school reopening 
     plan for the 2020-2021 school-year, based on criteria 
     determined by the Governor in consultation with the state 
     educational agency (including criteria for the Governor to 
     carry out subparagraph (A) through (C)), that describes how 
     the local educational agency will safely reopen schools with 
     the physical presence of students, consistent with 
     maintaining safe and continuous operations aligned with 
     challenging state academic standards. The Governor shall 
     approve such plans within 30 days after the plan is 
     submitted, subject to the requirements in subparagraphs (A) 
     through (C).
       (A) A local educational agency that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as it was defined by the local educational 
     agency prior to the coronavirus emergency, shall have its 
     plan automatically approved.
       (B) A local educational agency that does not provide in-
     person instruction to any students where the students 
     physically attend school in-person shall not be eligible to 
     receive a subgrant under paragraph (2).
       (C) A local educational agency that provides in-person 
     instruction to at least some students where the students 
     physically attend school in-person but does not satisfy the 
     requirements in subparagraph (A) shall have its allocation 
     reduced on a pro rata basis as determined by the Governor.
       (d) Plan Contents.--A school reopening plan submitted to a 
     Governor under subsection (c)(2) shall include, in addition 
     to any other information necessary to meet the criteria 
     determined by the Governor--
       (1) A detailed timeline for when the local educational 
     agency will provide in-person instruction, including the 
     goals and criteria used for providing full-time in-person 
     instruction to all students;
       (2) A description of how many days of in-person instruction 
     per calendar week the local educational agency plans to offer 
     to students during the 2020-2021 school year; and
       (3) An assurance that the local educational agency will 
     offer students as much in-person instruction as is safe and 
     practicable, consistent with maintaining safe and continuous 
     operations aligned with challenging state academic standards.
       (e) Uses of Funds.--
       (1) A local educational agency or non-public school that 
     receives funds under subsection (c)(1) or section __15 may 
     use funds for any of the following:
       (A) Activities to support returning to in-person 
     instruction, including purchasing personal protective 
     equipment, implementing flexible schedules to keep children 
     in isolated groups, purchasing box lunches so that children 
     can eat in their classroom, purchasing physical barriers, 
     providing additional transportation services, repurposing 
     existing school rooms and space, and improving ventilation 
     systems.
       (B) Developing and implementing procedures and systems to 
     improve the preparedness and response efforts of local 
     educational agencies or non-public schools including 
     coordination 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.
       (C) Providing principals and other school leaders with the 
     resources necessary to address the needs of their individual 
     schools directly related to coronavirus.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) 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

[[Page S4792]]

     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.
       (H) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (I) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (J) 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.
       (2) A local educational agency that receives funds under 
     subsection (c)(2) may use the funds for activities to carry 
     out a comprehensive school reopening plan as described in 
     this section, including:
       (A) Purchasing personal protective equipment, implementing 
     flexible schedules to keep children in isolated groups, 
     purchasing box lunches so that children can eat in their 
     classroom, purchasing physical barriers, providing additional 
     transportation services, repurposing existing school rooms 
     and space, and improving ventilation systems.
       (B) Developing and implementation of procedures and systems 
     to improve the preparedness and response efforts of local 
     educational agencies or non-public schools, including 
     coordination 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.
       (C) Providing principals and others school leaders with the 
     resources necessary to address the needs of their individual 
     schools.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (H) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (I) Planning and implementing activities related to summer 
     learning and supplemental afterschool programs, including 
     providing classroom instruction 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.
       (f) State Funding.--A State may reserve not more than 5 
     percent of the funds not otherwise allocated under subsection 
     (c) and section __15 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.
       (g) Assurances.--A State, state educational agency, or 
     local educational agency receiving funding under this section 
     shall provide assurances, as applicable, that:
       (1) A State, State educational agency, or local educational 
     agency will maintain and expand access to high-quality 
     schools, including high-quality public charter schools, and 
     will not--
       (A) enact policies to close or prevent the expansion of 
     such schools to address revenue shortfalls that result in the 
     disproportionate closure or denial of expansion of public 
     charter schools that are otherwise meeting the terms of their 
     charter for academic achievement; or
       (B) disproportionally reduce funding to charter schools or 
     otherwise increase funding gaps between charter schools and 
     other public schools in the local educational agency.
       (2) Allocations of funding and services provided from funds 
     provided in this section to public charter schools are made 
     on the same basis as is used for all public schools, 
     consistent with state law and in consultation with charter 
     school leaders.
       (h) Report.--A State receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (i) Reallocation.--A State shall return to the Secretary 
     any funds received under this section that the State does not 
     award within 4 months of receiving such funds and the 
     Secretary shall deposit such funds into the general fund of 
     the Treasury.
       (j) Rule of Construction.--
       (1) The receipt of any funds authorized or appropriated 
     under this section, including pursuant to section __15 of 
     this Act, by a nonprofit entity, or by any individual who has 
     been admitted or applied for admission to such entity (or any 
     parent or guardian of such individual), shall not be 
     construed to render such entity or person a recipient of 
     Federal financial assistance for any purpose, nor shall any 
     such person or entity be required to make any alteration to 
     its existing programs, facilities, or employment practices 
     except as required under this section.
       (2) No State participating in any program under this 
     section, including pursuant to section __15 of this Act, 
     shall impose any penalty or additional requirement upon, or 
     otherwise disadvantage, such entity or person as a 
     consequence or condition of its receipt of such funds.
       (3) No State participating in any program under this 
     section shall authorize any person or entity to use any funds 
     authorized or appropriated under this section, including 
     pursuant to section __15 of this Act, except as provided by 
     subsection (e), nor shall any such State impose any limits 
     upon the use of any such funds except as provided by 
     subsection (e).

                 higher education emergency relief fund

       Sec. __14. (a) In General.--From funds reserved under 
     section __11(b)(3) of this title the Secretary shall allocate 
     amounts as follows:
       (1) 85 percent to each institution of higher education 
     described in section 101 or section 102(c) of the Higher 
     Education Act of 1965 to prevent, prepare for, and respond to 
     coronavirus, by apportioning it--
       (A) 90 percent according to the relative share of full-time 
     equivalent enrollment of Federal Pell Grant recipients who 
     were not exclusively enrolled in distance education courses 
     prior to the coronavirus emergency; and
       (B) 10 percent according to the relative share of full-time 
     equivalent enrollment of students who were not Federal Pell 
     Grant recipients who were not exclusively enrolled in 
     distance education courses prior to the coronavirus 
     emergency.
       (2) 10 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 __14(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 distributed to eligible institutions 
     of higher education, except as otherwise provided in 
     subparagraphs (A)-(D), on the basis of the formula described 
     in section __14(a)(1) of this title:
       (A) Except as otherwise provided in subparagraph (B), for 
     eligible institutions under part B of title III and subpart 4 
     of part A of title VII of the Higher Education Act, the 
     Secretary shall allot to each eligible institution an amount 
     using the following formula:
       (i) 70 percent according to a ratio equivalent to the 
     number of Pell Grant recipients in attendance at such 
     institution at the end of the school year preceding the 
     beginning of the most recent fiscal year and the total number 
     of Pell Grant recipients at all such institutions;
       (ii) 20 percent according to a ratio equivalent to the 
     total number of students enrolled at such institution at the 
     end of the school year preceding the beginning of that fiscal 
     year and the number of students enrolled at all such 
     institutions; and
       (iii) 10 percent according to a ratio equivalent to the 
     total endowment size at all eligible institutions at the end 
     of the school year preceding the beginning of that fiscal 
     year and the total endowment size at such institutions;
       (B) For eligible institutions under section 326 of the 
     Higher Education Act, the Secretary shall allot to each 
     eligible institution an amount in proportion to the award 
     received from funding for such institutions in the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94);
       (C) For eligible institutions under section 316 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 316(d)(3) of the Higher 
     Education Act; and
       (D) Notwithstanding section 318(f) of the Higher Education 
     Act, for eligible institutions under section 318 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 318(e) of the Higher 
     Education Act.
       (3) 5 percent for grants to institutions of higher 
     education that the Secretary determines, through an 
     application process and after allocating funds under 
     paragraphs __14(a)(1) and (2) of this Act, have the greatest 
     unmet needs related to coronavirus. In awarding funds to 
     institutions of higher education under this paragraph the 
     Secretary shall prioritize institutions of higher education--

[[Page S4793]]

       (A) described under title I of the Higher Education Act of 
     1965 that were not eligible to receive an award under section 
     __14(a)(1) of this title, including institutions described in 
     section 102(b) of the Higher Education Act of 1965; and
       (B) that otherwise demonstrate significant needs related to 
     coronavirus that were not addressed by funding allocated 
     under subsections (a)(1) or (a)(2) of this section.
       (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.--An institution of higher education 
     receiving funds under this section may use the funds received 
     to:
       (1) defray expenses associated with coronavirus (including 
     lost revenue, reimbursement for expenses already incurred, 
     technology costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll); and
       (2) provide financial aid grants to students (including 
     students exclusively enrolled in distance education), which 
     may be used for any component of the student's cost of 
     attendance or for emergency costs that arise due to 
     coronavirus.
       (d) Special Provisions.--
       (1) 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.
       (2) An institution of higher education receiving funds 
     under section 18004 of division B of the CARES Act (Public 
     Law 116-136) may use those funds under the terms and 
     conditions of section __14(c) of this Act. Amounts repurposed 
     pursuant to this paragraph 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.
       (3) No funds received by an institution of higher education 
     under this section shall be used to fund contractors for the 
     provision of pre-enrollment recruitment activities; 
     endowments; or capital outlays associated with facilities 
     related to athletics, sectarian instruction, or religious 
     worship.
       (4) An institution of higher education that was required to 
     remit payment to the Internal Revenue Service for the excise 
     tax based on investment income of private colleges and 
     universities under section 4968 of the Internal Revenue Code 
     of 1986 for tax year 2019 shall have their allocation under 
     this section reduced by 50 percent and may only use funds for 
     activities described in paragraph (c)(2). This paragraph 
     shall not apply to an institution of higher education 
     designated by the Secretary as an eligible institution under 
     section 448 of the Higher Education Act of 1965.
       (e) Report.--An institution receiving funds under this 
     section shall submit a report to the Secretary, not later 
     than 6 months after receiving funding provided in this title, 
     in such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (f) Reallocation.--Any funds allocated to an institution of 
     higher education under this section on the basis of a formula 
     described in subsection (a)(1) or (a)(2) but for which an 
     institution does not apply for funding within 60 days of the 
     publication of the notice inviting applications, shall be 
     reallocated to eligible institutions that had submitted an 
     application by such date.

                    assistance to non-public schools

       Sec. __15. (a) Funds Availability.--From the payment 
     provided by the Secretary under section __13 of this title to 
     a State educational agency, the State educational agency 
     shall reserve an amount of funds equal to the percentage of 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency. Upon 
     reserving funds under this section, the Governor of the State 
     shall award such funds equally to each non-public school 
     accredited or otherwise located in and licensed to operate in 
     the State based on the number of low-income students enrolled 
     in the non-public school as a share of all low-income 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency, 
     subject to the requirements in subsection (b).
       (b)(1) A non-public school that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as determined by the non-public school 
     prior to the coronavirus emergency, shall be eligible for the 
     full amount of assistance per student as prescribed under 
     this section.
       (2) A non-public school that does not provide in-person 
     instruction to any students where the students physically 
     attend school in-person shall only be eligible for one-third 
     of the amount of assistance per student as prescribed under 
     this section.
       (3) A non-public school that provides in-person instruction 
     to at least some students where the students physically 
     attend school in-person but does not satisfy the requirements 
     in paragraph (1) shall have its amount of assistance as 
     prescribed under this section reduced on a pro rata basis, 
     which shall be calculated using the same methodology as is 
     used under section __13(c)(2)(C) of this title.
       (4) A Governor shall allocate not less than 50 percent of 
     the funds reserved in this section to non-public schools 
     within 30 days of receiving an award from the Secretary and 
     the remaining 50 percent not less than 4 months after 
     receiving an award from the Secretary.

                     continued payment to employees

       Sec. __16.  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. __17.  Except as otherwise provided in sections __11-
     __16 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. __18.  A State's application for funds to carry out 
     sections __12 or __13 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 proportional levels of 
     such State's support for elementary and secondary education 
     and for higher education relative to such States overall 
     spending in fiscal year 2019.

                       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.

                    Institute of Education Sciences

       For an additional amount for ``Institute of Education 
     Sciences'', $65,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for carrying 
     out the National Assessment of Educational Progress 
     Authorization Act (title III of Public Law 107-279):  
     Provided, That such amount is designated by the Congress as 
     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 inspector general

       For an additional amount for ``Office of 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 title 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.

                           General Provisions

       Sec. __19.  Funds made available in Public Law 115-245 
     under the heading ``National

[[Page S4794]]

     Technical Institute for the Deaf'' that were available for 
     obligation through fiscal year 2019, and where a valid 
     obligation was incurred in such fiscal year, are to remain 
     available for obligation and expenditure by educational 
     agencies or institutions through fiscal year 2021, 
     notwithstanding section 412(b) of the General Education 
     Provisions Act (20 U.S.C. 1225):  Provided, That such amount 
     is designated by the Congress as 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. __20.  Funds made available in Public Law 115-245 
     under the heading ``Gallaudet University'' that were 
     available for obligation through fiscal year 2019, and where 
     a valid obligation was incurred in such fiscal year, are to 
     remain available for obligation and expenditure by 
     educational agencies or institutions through fiscal year 
     2021, notwithstanding section 412(b) of the General Education 
     Provisions Act (20 U.S.C. 1225):  Provided, That such amount 
     is designated by the Congress as 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. __21.  Funds made available in Public Law 113-76 under 
     the heading ``Innovation and Improvement'' that were 
     available for obligation through December 31, 2014 for the 
     Investing in Innovation program pursuant to the eighth and 
     ninth provisos under that heading in that Act are to remain 
     available through fiscal year 2021 for the liquidation of 
     valid obligations incurred in fiscal years 2014 or 2015:  
     Provided, That such amount is designated by the Congress as 
     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. __22.  Funds made available in Public Law 113-76 under 
     the heading ``Rehabilitation Services and Disability 
     Research'' that were available for obligation through fiscal 
     year 2015 for the Automated Personalization Computing Project 
     pursuant to the first four provisos under that heading in 
     that Act are to remain available through fiscal year 2021 for 
     the liquidation of valid obligations incurred in fiscal years 
     2014 or 2015:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2525. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

   TITLE __----DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
                    EDUCATION, AND RELATED AGENCIES

                           Subtitle A--Labor

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For an additional amount for ``Training and Employment 
     Services'', $950,000,000, to remain available through 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which shall be 
     used as follows:
       (1) $500,000,000 for grants to States for dislocated worker 
     employment and training activities, including training 
     services provided through individual training accounts, 
     incumbent worker training, transitional jobs, customized 
     training, on-the-job training, the identification of training 
     providers including online providers, and activities to 
     facilitate remote access to employment and training services 
     through a one-stop center that lead to employment in high-
     skill, high-wage, or in-demand industry sectors or 
     occupations, including health care, direct care, and 
     manufacturing;
       (2) $150,000,000 for grants to States for youth workforce 
     investment activities:  Provided, That a local board shall 
     not be required to meet the requirements of section 
     129(a)(4)(A) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3164(a)(4)(A)):  Provided further, That each State 
     and local area receiving funds under this paragraph in this 
     Act for youth workforce investment activities shall give 
     priority to out-of-school youth and eligible youth who are 
     members of one or more populations listed in section 3(24) of 
     such Act (29 U.S.C. 3102(24));
       (3) $150,000,000 for adult employment and training 
     activities; and
       (4) $150,000,000 for the dislocated workers assistance 
     national reserve:
       Provided further, That notwithstanding section 128(a) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3163(a)), the Governor may reserve up to 25 percent of the 
     funds allotted under each of paragraphs (1), (2), and (3) 
     under this heading in this Act for statewide activities 
     described in sections 129(b) and 134(a) of such Act:  
     Provided further, That notwithstanding section 128(b)(4) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3163(b)(4)), local areas may use not more than 20 percent of 
     the funds allocated to the local area under each of 
     paragraphs (1), (2), and (3) under this heading in this Act 
     for administrative costs:  Provided further, That such amount 
     is designated by the Congress as 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 unemployment insurance and employment service operations

       For an additional amount for ``State Unemployment Insurance 
     and Employment Service Operations'', $1,504,000,000, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, which may be expended from 
     the Employment Security Administration Account in the 
     Unemployment Trust Fund (``The Trust Fund''), of which:
       (1) $1,115,500,000 from the Trust Fund to remain available 
     through December 31, 2021, is for grants to States for the 
     administration of State unemployment insurance laws as 
     authorized under title III of the Social Security Act 
     including grants to upgrade information technology to improve 
     the administration and processing of unemployment 
     compensation claims:  Provided, That, the Secretary may 
     distribute such amounts, with respect to upgrading 
     information technology, based on the condition and needs of 
     the State information technology systems or other appropriate 
     factors, which may include the ratio described under section 
     903(a)(2)(B) of the Social Security Act:  Provided further, 
     That funds provided for information technology under this 
     heading in this Act shall be available for obligation by the 
     States through September 30, 2027 and available for 
     expenditure by the States through September 30, 2028;
       (2) $38,500,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system, to remain 
     available through September 30, 2021; and
       (3) $350,000,000 from the Trust Fund is for grants to 
     States in accordance with section 6 of the Wagner-Peyser Act, 
     to remain available through June 30, 2021:
       Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Departmental Management'', 
     $15,600,000, to remain available until 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, 
     and activities under Public Law 116-136:  Provided, That the 
     Secretary of Labor may transfer the amounts provided under 
     this heading in this Act as necessary to ``Employment and 
     Training Administration--Program Administration'', ``Employee 
     Benefits Security Administration'', ``Wage and Hour 
     Division'', Office of Workers' Compensation Programs'', 
     ``Occupational Safety and Health Administration'', and ``Mine 
     Safety and Health 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, $5,000,000, to remain available until 
     expended, shall be transferred to ``Office of Inspector 
     General'', for oversight of activities related to Public Law 
     116-127 and Public Law 116-136 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.

                           General Provision

       Sec. __01.  Paragraph (1) under the heading ``Department of 
     Labor--Veterans Employment and Training'' of title I of 
     division A of Public Law 116-94 is amended by striking 
     ``obligation by the States through December 31, 2020'' and 
     inserting ``expenditure by the States through September 30, 
     2022'':  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                 Subtitle B--Health and Human Services

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $3,400,000,000, to remain available until 
     September 30, 2024, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     of the amount provided under this heading in this Act, not 
     less than $1,500,000,000 shall be for grants to or 
     cooperative agreements with States, localities, territories, 
     tribes, tribal

[[Page S4795]]

     organizations, urban Indian health organizations, or health 
     service providers to tribes, including to carry out 
     surveillance, epidemiology, laboratory capacity, infection 
     control, immunization activity, mitigation, communications, 
     and other preparedness and response activities:  Provided 
     further, That the amounts included in the previous proviso 
     shall be allocated to States, localities, and territories 
     according to the formula that applied to the Public Health 
     Emergency Preparedness cooperative agreement in fiscal year 
     2019:  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 first and third provisos 
     by making awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That of the amount provided 
     under this heading in this Act, up to $500,000,000 shall be 
     for activities to plan, prepare for, promote, distribute, 
     administer, monitor, and track seasonal influenza vaccines to 
     ensure broad-based distribution, access, and vaccine 
     coverage:  Provided further, That funds provided under this 
     heading in this Act may reimburse CDC obligations incurred 
     for coronavirus vaccine planning, preparation, promotion, and 
     distribution prior to the enactment of this Act:  Provided 
     further, That CDC shall report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 60 days of enactment of this Act on an enhanced 
     seasonal influenza vaccination strategy to include nationwide 
     vaccination goals and specific actions that CDC will take to 
     achieve such goals:  Provided further, That of the amount 
     provided under this heading in this Act, not less than 
     $200,000,000 shall be for global disease detection and 
     emergency response to be coordinated with funds provided in 
     Public Law 116-123 and Public Law 116-136 to global disease 
     detection and emergency response to support CDC-led global 
     health security response including CDC regional planning 
     efforts:  Provided further, That CDC shall provide an update 
     to the global health security report required in Public Law 
     116-94 within 90 days of enactment of this Act that shall 
     include a spend plan for funds appropriated in the previous 
     proviso and funds appropriated for global disease detection 
     and emergency response in Public Law 116-123 and Public Law 
     116-136:  Provided further, That such spend plan shall 
     describe the regions and countries that CDC will prioritize 
     and describe how CDC and USAID are coordinating during 
     planning and implementation:  Provided further, That within 
     one year of enactment of this Act and every 365 days 
     thereafter until funds provided in the eighth proviso in this 
     paragraph and in Public Law 116-123 and Public Law 116-136 
     for global disease detection and emergency response are 
     expended, CDC shall provide an evaluation outlining how 
     investments in countering global health threats, as well as 
     investments made by region or country, as applicable, have 
     improved infectious disease response capability in the region 
     or country and additional progress needed:  Provided further, 
     That of the amount provided under this heading in this Act, 
     not less than $200,000,000 shall be for public health data 
     surveillance and analytics modernization to be coordinated 
     with funds provided in Public Law 116-136 to support CDC-led 
     data modernization efforts to improve disease reporting 
     across the country:  Provided further, That CDC shall update 
     the public health data surveillance and IT systems 
     modernization report to the Committees on Appropriations of 
     the House of Representatives and the Senate required by 
     Public Law 116-94 within 180 days of enactment of this Act 
     and every 365 days thereafter until funds provided under this 
     heading in this Act and in Public Law 116-136 for public 
     health surveillance and data collection modernization are 
     expended:  Provided further, That such report shall include 
     an assessment of the progress State and territorial public 
     health lab grantees have had in meeting data modernization 
     goals, an assessment of the progress CDC internal public 
     health data systems have had meeting data modernization 
     goals, and a detailed plan for CDC's long-term data 
     modernization goals, including how CDC will receive near 
     real-time data across the disease reporting platforms:  
     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, 
     territorial, tribal, 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 of the amount provided 
     under this heading in this Act, $1,000,000 shall be to 
     develop and maintain a data system to be known as the Public 
     Safety Officer Suicide Reporting System, to collect data on 
     the suicide incidence among public safety officers; and 
     facilitate the study of successful interventions to reduce 
     suicide among public safety officers:  Provided further, That 
     such system shall be integrated into the National Violent 
     Death Reporting System:  Provided further, That amounts 
     repurposed under this heading in this Act 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:  Provided further, That such amount is designated by 
     the Congress as 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'', $290,000,000, 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 institute of diabetes and digestive and kidney diseases

       For an additional amount for ``National Institute of 
     Diabetes and Digestive and Kidney Diseases'', $200,000,000, 
     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 institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $480,555,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That $55,000,000 shall be for Regional 
     Biocontainment Laboratories:  Provided further, That funding 
     provided in the previous proviso shall be divided evenly 
     among the eleven laboratories:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

  eunice kennedy shriver national institute of child health and human 
                              development

       For an additional amount for ``Eunice Kennedy Shriver 
     National Institute of Child Health and Human Development'', 
     $172,680,000, 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 mental health

       For an additional amount for ``National Institute of Mental 
     Health'', $200,000,000, 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 institute on minority health and health disparities

       For an additional amount for ``National Institute on 
     Minority Health and Health Disparities'', $64,334,000, 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'', $1,224,750,000, 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

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $12,905,337,000, to remain available until September 30, 
     2024, to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That not less 
     than $10,100,000,000 of the amount provided under this 
     heading in this Act shall be for offsetting the costs related 
     to reductions in lab productivity resulting from the 
     coronavirus pandemic or public health measures related to the 
     coronavirus pandemic:  Provided further, That $1,325,337,000 
     of the amount provided under this heading in this Act shall 
     be to support additional scientific research or the programs 
     and platforms that support research:  Provided further, That 
     $1,240,000,000 of the amount provided under this heading in 
     this Act shall be provided to accelerate the research and 
     development of therapeutic interventions and vaccines in 
     partnership:  Provided further, that no less than 
     $240,000,000 of the amount provided under this heading in 
     this Act shall be for supplements to existing research 
     training

[[Page S4796]]

     awards for extensions and other costs:  Provided further, 
     That funds available under this heading in this Act may be 
     transferred to the accounts of Institutes and Centers of the 
     NIH:  Provided further, That this transfer authority is in 
     addition to any other transfer authority available to the 
     NIH:  Provided further, That the Director shall enter into an 
     agreement with the National Academies of Sciences, 
     Engineering, and Medicine (``Academies'') to develop a 
     decision framework to assist domestic and global health 
     authorities in planning an equitable allocation of 
     coronavirus vaccines:  Provided further, That the Academies 
     shall consider equity criteria which may include 
     consideration of risk factors related to health disparities 
     and health care access, underlying health conditions, racial 
     and ethnic minorities, higher-risk occupations, first 
     responders, geographic distribution of the virus, and vaccine 
     hesitancy:  Provided further, That the Academies shall 
     provide recommendations to the Advisory Committee on 
     Immunization Practices no later than September 18, 2020:  
     Provided further, That the agreement shall include an ongoing 
     assessment of how vaccine distribution meets equity criteria 
     and recommendations for how vaccine distribution may better 
     align with such criteria as applicable which shall inform the 
     Advisory Committee on Immunization Practices prioritization 
     recommendations and vaccine distribution 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.

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

       For an additional amount for ``Heath Surveillance and 
     Program Support'', $4,500,000,000, 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, $1,500,000,000 shall be for grants for the 
     substance abuse prevention and treatment block grant program 
     under subpart II of part B of title XIX of the Public Health 
     Service Act (``PHS Act''):  Provided further, That of the 
     amount appropriated under this heading in this Act, 
     $2,000,000,000 shall be for grants for the community mental 
     health services block grant program under subpart I of part B 
     of title XIX of the PHS Act:  Provided further, That of the 
     amount appropriated in the previous proviso, the Assistant 
     Secretary is directed to provide no less than 50 percent of 
     funds directly to facilities defined in section 1913(c) of 
     the PHS Act:  Provided further, That of the amount 
     appropriated under this heading in this Act, not less than 
     $600,000,000 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, $100,000,000 
     shall be for activities and services under Project AWARE:  
     Provided further, That of the amount appropriated under this 
     heading in this Act, not less than $250,000,000 is available 
     for activities authorized under section 501(o) of the PHS 
     Act:  Provided further, That from within the amount 
     appropriated under this heading in this Act in the previous 
     provisos, a total of 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 with respect to 
     the amount appropriated under this heading in this Act the 
     Substance Abuse and Mental Health Services Administration may 
     waive requirements with respect to allowable activities, 
     timelines, or reporting requirements for the Substance Abuse 
     Prevention and Treatment Block Grant and the Community Mental 
     Health Services Block Grant as deemed necessary to facilitate 
     a grantee's response 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.

                Centers for Medicare & Medicaid Services

                           program management

       For an additional amount for ``Program Management'', 
     $150,000,000, to remain available through September 30, 2023, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically and internationally:  Provided, That amounts 
     appropriated under this heading in this Act shall be for 
     Centers for Medicare and Medicaid Services (``CMS'') strike 
     teams for resident and employee safety in skilled nursing 
     facilities and nursing facilities, including activities to 
     support clinical care, infection control, and staffing:  
     Provided further, That CMS shall provide a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 30 days after enactment of this Act outlining 
     a plan for executing strike team efforts, including how 
     safety and infection control measures will be assessed, how 
     facilities will be chosen, and the frequency by which skilled 
     nursing facilities and nursing facilities will be visited:  
     Provided further, That CMS shall administer section 223 of 
     Public Law 113-93 and consult with the Substance Abuse and 
     Mental Health Services Administration, as necessary:  
     Provided further, That such amount is designated by the 
     Congress as 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'', $1,500,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, or respond to 
     coronavirus, domestically or internationally, which shall be 
     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, $375,000,000 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'', $5,000,000,000, 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 and any renewal of 
     such declaration pursuant to such section 319, 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'', $190,000,000, 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 as follows:
       (1) $65,000,000 for Family Violence Prevention and Services 
     grants as authorized by section 303(a) and 303(b) 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, of which 
     $2,000,000 shall be for the National Domestic Violence 
     Hotline:  Provided, That the Secretary may make such funds 
     available for providing temporary housing and assistance to 
     victims of family, domestic, and dating violence;
       (2) $75,000,000 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
       (3) $50,000,000 for necessary expenses for community-based 
     grants for the prevention

[[Page S4797]]

     of child abuse and neglect under section 209 of the Child 
     Abuse Prevention and Treatment Act, which the Secretary shall 
     make available without regard to section 203(b)(1) and 204(4) 
     of such Act:
       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.

                     back to work child care grants

       For an additional amount for ``Back to Work Child Care 
     Grants'', $10,000,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which shall be 
     for activities to carry out Back to Work Child Care Grants to 
     qualified child care providers, for a transition period of 
     not more than 9 months to assist in paying for fixed costs 
     and increased operating expenses due to COVID-19, and to 
     reenroll children in an environment that supports the health 
     and safety of children and staff:  Provided, That such amount 
     is designated by the Congress as 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'', $75,000,000, 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, 
     $58,000,000 shall be for activities authorized under the 
     Older Americans Act of 1965 (``OAA''), including $3,000,000 
     to implement a demonstration program on strategies to 
     recruit, retain, and advance direct care workers under 
     section 411(a)(13) of the OAA; $35,000,000 for supportive 
     services under part B of title III of the OAA; and 
     $20,000,000 for support services for family caregivers under 
     part E of title III of the OAA:  Provided further, That of 
     the amount made available under this heading in this Act, 
     $10,000,000 shall be available to support protection and 
     advocacy systems, as described under subtitle C of title I of 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act of 2000 (42 U.S.C. 15041 et seq.):  Provided further, 
     That of the amount made available under this heading in this 
     Act, $2,000,000 shall be for training, technical assistance, 
     and resource centers authorized under sections 202(a) and 411 
     of the OAA; training and technical assistance to centers for 
     independent living as authorized under section 721(b) of the 
     Rehabilitation Act of 1973 (except that the reservations 
     under paragraph (1) of such section shall not apply); 
     technical assistance by the Secretary of Health and Human 
     Services (``Secretary'') to State Councils on Developmental 
     Disabilities as authorized under subtitle B of title I of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (except that the reservations under section 129(b) of 
     such Act shall not apply); technical assistance by the 
     Secretary to protection and advocacy systems as authorized 
     under subtitle C of such title (except that the limits under 
     section 142(a)(6) of such Act shall not apply); and technical 
     assistance to University Centers for Excellence in 
     Developmental Disabilities Education, Research, and Service 
     as authorized under section 151(c) of such Act (except that 
     the reservations under section 156(a)(3)(B) of such Act shall 
     not apply):  Provided further, That of the amount made 
     available under this heading in this Act, $5,000,000 shall be 
     for activities authorized in the Assistive Technology Act of 
     2004:  Provided further, That such amount is designated by 
     the Congress as 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'', $29,000,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, the purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, as 
     well as medical surge capacity, addressing blood supply 
     chain, workforce modernization, telehealth access and 
     infrastructure, initial advanced manufacturing, novel 
     dispensing, enhancements to the U.S. Commissioned Corps, and 
     other preparedness and response activities:  Provided, That 
     funds appropriated under this paragraph in this Act may be 
     used to develop and demonstrate innovations and enhancements 
     to manufacturing platforms to support such capabilities:  
     Provided further, That the Secretary of Health and Human 
     Services shall purchase vaccines developed using funds made 
     available under this paragraph in this Act to respond to an 
     outbreak or pandemic related to coronavirus in quantities 
     determined by the Secretary to be adequate to address the 
     public health need:  Provided further, That products 
     purchased by the Federal government with funds made available 
     under this paragraph in this Act, including vaccines, 
     therapeutics, and diagnostics, shall be purchased in 
     accordance with Federal Acquisition Regulation guidance on 
     fair and reasonable pricing:  Provided further, That the 
     Secretary may take such measures authorized under current law 
     to ensure that vaccines, therapeutics, and diagnostics 
     developed from funds provided in this title 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 the Secretary shall ensure that 
     protections remain for individuals enrolled in group or 
     individual health care coverage with pre-existing conditions, 
     including those linked to coronavirus:  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 
     $2,000,000,000 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 Counter measure Process Fund, of 
     the Public Health Service Act:  Provided further, That of the 
     amount appropriated under this paragraph in this Act, 
     $20,000,000,000 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 provided under this heading in this Act, 
     $6,000,000,000 shall be for activities to plan, prepare for, 
     promote, distribute, administer, monitor, and track 
     coronavirus vaccines to ensure broad-based distribution, 
     access, and vaccine coverage:  Provided further, That the 
     Secretary shall coordinate funding and activities outlined in 
     the previous proviso through the Director of CDC:  Provided 
     further, That the Secretary, through the Director of CDC, 
     shall report to the Committees on Appropriations of the House 
     of Representatives and the Senate within 60 days of enactment 
     of this Act on a comprehensive coronavirus vaccine 
     distribution strategy and spend plan that includes how 
     existing infrastructure will be leveraged, enhancements or 
     new infrastructure that may be built, considerations for 
     moving and storing vaccines, guidance for how States and 
     health care providers should prepare for, store, and 
     administer vaccines, nationwide vaccination targets, funding 
     that will be distributed to States, how an informational 
     campaign to both the public and health care providers will be 
     executed, and how the vaccine distribution plan will focus 
     efforts on high risk, underserved, and minority populations:  
     Provided further, That such plan shall be updated and 
     provided to the Committees on Appropriations of the House of 
     Representatives and the Senate 90 days after submission of 
     the first plan:  Provided further, That the Secretary shall 
     notify the Committees on Appropriations of the House of 
     Representatives and the Senate 2 days in advance of any 
     obligation in excess of $50,000,000, including but not 
     limited to contracts and interagency agreements, from funds 
     provided in this paragraph in this Act:  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, diagnostics, and medical supplies 
     where the Secretary determines that such a contract is 
     necessary to secure sufficient amounts of such supplies:  
     Provided further, That the not later than 30 days after 
     enactment of this Act, and every 30 days thereafter until 
     funds are expended, the Secretary shall report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on uses of funding for Operation Warp Speed, 
     detailing current obligations by Department or Agency, or 
     component thereof broken out by the coronavirus supplemental 
     appropriations Act that provided the source of funds:  
     Provided further, That the plan outlined in the previous 
     proviso shall include funding by contract, grant, or other 
     transaction in excess of $20,000,000 with a notation of which 
     Department or Agency, and component thereof is managing the 
     contract:  Provided further, That such amount is designated 
     by the Congress as 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'', $8,085,000,000, to remain 
     available until September 30, 2022, to prevent, prepare for, 
     and respond to coronavirus, domestically

[[Page S4798]]

     or internationally:  Provided, That $7,600,000,000 of the 
     funds appropriated under this paragraph in this Act shall be 
     transferred to ``Health Resources and Services 
     Administration--Primary Health Care'' for grants, cooperative 
     agreements, and other necessary expenses under the Health 
     Centers Program, as defined by section 330 of the PHS Act, 
     including funding for alteration, renovation, construction, 
     equipment, and other capital improvement costs, and including 
     funding to support, maintain, or increase health center 
     capacity and staffing levels, as necessary, to meet the needs 
     of areas affected by coronavirus:  Provided further, That 
     sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), and 
     330(e)(6)(B)(iii) of the PHS Act shall not apply to funds in 
     the preceding proviso:  Provided further, That funding made 
     available under this paragraph in this Act shall not be 
     subject to requirements under the National Environmental 
     Policy Act of 1969 or the National Historic Preservation Act 
     of 1966:  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 current health center capacity and 
     staffing levels during a public health emergency as a result 
     of the coronavirus and any renewal of such declaration 
     pursuant to such section 319 shall be deemed a cost of 
     prevention, diagnosis, and treatment of coronavirus:  
     Provided further, That $250,000,000 of the funds appropriated 
     under this paragraph in this Act shall be transferred to 
     ``Health Resources and Services Administration--Bureau of 
     Health Workforce'', to remain available until September 30, 
     2022, for supplements to existing payments under subsections 
     340E(a) and (h)(1) notwithstanding the cap imposed by 
     subsection (h)(1) and notwithstanding subsection (h)(6), for 
     Children's Hospitals Graduate Medical Education, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided further, That $5,000,000 of the 
     funds appropriated under this paragraph in this Act 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 of the amount appropriated under this paragraph 
     in this Act, $225,000,000 shall be for grants or other 
     mechanisms, to rural health clinics as defined in section 
     1861(aa)(2) of the Social Security Act with such funds also 
     available to such entities for building or construction of 
     temporary structures, leasing of properties, and retrofitting 
     facilities as necessary to support COVID-19 testing:  
     Provided further, That such funds shall be distributed using 
     the procedures developed for the Provider Relief Fund 
     authorized under the third paragraph under this heading in 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136); may be distributed using 
     contracts or agreements established for such program; and 
     shall be subject to the process requirements applicable to 
     such program:  Provided further, That the Secretary may 
     specify a minimum amount for each eligible entity accepting 
     assistance under the two previous provisos:  Provided 
     further, That of the amount made available under this heading 
     in this Act to prevent, prepare for, and respond to 
     coronavirus, $5,000,000, shall be available to implement 
     section 747A of the PHS Act and section 747A(c) shall not 
     apply to these 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.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $16,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be for necessary expenses for testing, contact 
     tracing, surveillance, containment, and mitigation to monitor 
     and suppress COVID-19, including tests for both active 
     infection and prior exposure, including molecular, antigen, 
     and serological tests, the manufacturing, procurement and 
     distribution of tests, testing equipment and testing 
     supplies, including personal protective equipment needed for 
     administering tests, the development and validation of rapid, 
     molecular point-of-care tests, and other tests, support for 
     workforce, epidemiology, to scale up academic, commercial, 
     public health, and hospital laboratories, to conduct 
     surveillance and contact tracing, support development of 
     COVID-19 testing plans, and other related activities related 
     to COVID-19 testing:  Provided, That of the amount 
     appropriated under this paragraph in this Act, not less than 
     $15,000,000,000 shall be for States, localities, territories, 
     tribes, tribal organizations, urban Indian health 
     organizations, or health service providers to tribes for 
     necessary expenses for testing, contact tracing, 
     surveillance, containment, and mitigation, including support 
     for workforce, epidemiology, use by employers, elementary and 
     secondary schools, child care facilities, institutions of 
     higher education, long-term care facilities, or in other 
     settings, scale up of testing by public health, academic, 
     commercial, and hospital laboratories, and community-based 
     testing sites, health care facilities, and other entities 
     engaged in COVID-19 testing, and other related activities 
     related to COVID-19 testing, contact tracing, surveillance, 
     containment, and mitigation:  Provided further, That the 
     amount identified in the preceding proviso shall be allocated 
     to States, localities, and territories according to the 
     formula that applied to the Public Health Emergency 
     Preparedness cooperative agreement in fiscal year 2019:  
     Provided further, That not less than $500,000,000 shall be 
     allocated in coordination with the Director of the Indian 
     Health Service, to tribes, tribal organizations, urban Indian 
     health organizations, or health service providers to tribes:  
     Provided further, That the Secretary of Health and Human 
     Services (referred to in this paragraph as the ``Secretary'') 
     may satisfy the funding thresholds outlined in the first and 
     third provisos under this paragraph in this Act by making 
     awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That the Governor or designee 
     of each State, locality, territory, tribe, or tribal 
     organization receiving funds pursuant to this title shall 
     update their plans, as applicable, for COVID-19 testing and 
     contact tracing submitted to the Secretary pursuant to the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139) and submit such updates to the Secretary 
     not later than 60 days after funds appropriated in this 
     paragraph in this Act have been awarded to such recipient:  
     Provided further, That funds an entity receives from amounts 
     described in the first proviso in this paragraph may also be 
     used for the rent, lease, purchase, acquisition, 
     construction, alteration, renovation, or equipping of non-
     federally owned facilities to improve coronavirus 
     preparedness and response capability at the State and local 
     level:  Provided further, That such amount is designated by 
     the Congress as 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'', $25,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be 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.

[[Page S4799]]

  


                           General Provisions

                     (including transfer of funds)

       Sec. __10.  Funds appropriated by this subtitle 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. __11.  Funds made available by this subtitle 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. __12. (a) If services performed by an employee during 
     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. __13.  The paragraph codified at 42 U.S.C. 231 shall 
     be applied in this and all other fiscal years as though the 
     phrase ``central services'' referred to central services for 
     any Federal agency, and this section shall be effective as if 
     enacted on the date of enactment of such paragraph.
       Sec. __14.  Funds appropriated by this subtitle to the 
     heading ``Department of Health and Human Services'' except 
     for the amounts specified in the third, and fourth paragraphs 
     under the heading ``Public Health and Social Services 
     Emergency Fund'', 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 subtitle are not necessary, such 
     amounts may be transferred back to that appropriation:  
     Provided further, That none of the funds made available by 
     this subtitle 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. __15.  Of the funds appropriated by this subtitle 
     under the heading ``Public Health and Social Services 
     Emergency Fund'', up to $6,000,000 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. __16.  Funds made available in Public Law 113-235 to 
     the accounts of the National Institutes of Health that were 
     available for obligation through fiscal year 2015 are to 
     remain available through fiscal year 2021 for the liquidation 
     of valid obligations incurred in fiscal year 2015:  Provided, 
     That such amount is designated by the Congress as 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. __17.  Section 675B(b)(3) of the Community Services 
     Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply with 
     respect to funds appropriated by the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) to carry out 
     the Community Services Block Grant Act (42 U.S.C. 9901 et 
     seq.):  Provided, That 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.

                         Subtitle C--Education

                        DEPARTMENT OF EDUCATION

                      education stabilization fund

       For an additional amount for ``Education Stabilization 
     Fund'', $105,000,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                           General Provisions

                      education stabilization fund

       Sec. __21. (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 one half of 1 percent to the outlying 
     areas on the basis of the terms and conditions for funding 
     provided under this heading in the Coronavirus Aid, Relief, 
     and Economic Security (CARES) Act (Public Law 116-136); and
       (2) one-half of 1 percent for the Secretary of the Interior 
     for programs operated or funded by the Bureau of Indian 
     Education, under the terms and conditions established for 
     funding provided under this heading in the CARES Act (Public 
     Law 116-136).
       (b) Reservations.--After carrying out subsection (a), the 
     Secretary shall reserve the remaining funds made available as 
     follows:
       (1) 5 percent to carry out section __22 of this title.
       (2) 67 percent to carry out section __23 of this title.
       (3) 28 percent to carry out section __24 of this title.

               governor's emergency education relief fund

       Sec. __22. (a) Grants.--From funds reserved under section 
     __21(b)(1) of this title, the Secretary shall make 
     supplemental Emergency Education Relief grants to the 
     Governor of each State with an approved application under 
     section 18002 of division B of the CARES Act (Public Law 116-
     136). The Secretary shall award funds under this section to 
     the Governor of each State with an approved application 
     within 30 calendar days of enactment of this Act.
       (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

[[Page S4800]]

     State that the Governor deems essential for carrying out 
     emergency educational services to students for authorized 
     activities described in section __23(e) of this title, the 
     ESEA of 1965, the Higher Education Act of 1965, the provision 
     of child care and early childhood education, social and 
     emotional support, career and technical education, adult 
     education, 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 6 months of receiving such 
     funds and the Secretary shall reallocate such funds to the 
     remaining States in accordance with subsection (b).
       (e) Report.--A Governor receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.

         elementary and secondary school emergency relief fund

       Sec. __23. (a) Grants.--From funds reserved under section 
     __21(b)(2) of this title, the Secretary shall make 
     supplemental elementary and secondary school emergency relief 
     grants to each State educational agency with an approved 
     application under section 18003 of division B of the CARES 
     Act (Public Law 116-136). The Secretary shall award funds 
     under this section to each State educational agency with an 
     approved application within 15 calendar days of enactment of 
     this Act.
       (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.--From the payment provided by the Secretary 
     under subsection (b), the State educational agency shall 
     provide services and assistance to local educational agencies 
     and non-public schools, consistent with the provisions of 
     this subtitle. After carrying out the reservation of funds in 
     section __25 of this title, each State shall allocate not 
     less than 90 percent of the remaining 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. The state educational agency shall make such 
     subgrants to local educational agencies as follows--
       (1) one-third of funds shall be awarded not less than 15 
     calendar days after receiving an award from the Secretary 
     under this section; and
       (2) the remaining two-thirds of funds shall be awarded only 
     after the local educational agency submits to the Governor 
     and the Governor approves a comprehensive school reopening 
     plan for the 2020-2021 school-year, based on criteria 
     determined by the Governor in consultation with the state 
     educational agency (including criteria for the Governor to 
     carry out subparagraph (A) through (C)), that describes how 
     the local educational agency will safely reopen schools with 
     the physical presence of students, consistent with 
     maintaining safe and continuous operations aligned with 
     challenging state academic standards. The Governor shall 
     approve such plans within 30 days after the plan is 
     submitted, subject to the requirements in subparagraphs (A) 
     through (C).
       (A) A local educational agency that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as it was defined by the local educational 
     agency prior to the coronavirus emergency, shall have its 
     plan automatically approved.
       (B) A local educational agency that does not provide in-
     person instruction to any students where the students 
     physically attend school in-person shall not be eligible to 
     receive a subgrant under paragraph (2).
       (C) A local educational agency that provides in-person 
     instruction to at least some students where the students 
     physically attend school in-person but does not satisfy the 
     requirements in subparagraph (A) shall have its allocation 
     reduced on a pro rata basis as determined by the Governor.
       (d) Plan Contents.--A school reopening plan submitted to a 
     Governor under subsection (c)(2) shall include, in addition 
     to any other information necessary to meet the criteria 
     determined by the Governor--
       (1) A detailed timeline for when the local educational 
     agency will provide in-person instruction, including the 
     goals and criteria used for providing full-time in-person 
     instruction to all students;
       (2) A description of how many days of in-person instruction 
     per calendar week the local educational agency plans to offer 
     to students during the 2020-2021 school year; and
       (3) An assurance that the local educational agency will 
     offer students as much in-person instruction as is safe and 
     practicable, consistent with maintaining safe and continuous 
     operations aligned with challenging state academic standards.
       (e) Uses of Funds.--
       (1) A local educational agency or non-public school that 
     receives funds under subsection (c)(1) or section __25 may 
     use funds for any of the following:
       (A) Activities to support returning to in-person 
     instruction, including purchasing personal protective 
     equipment, implementing flexible schedules to keep children 
     in isolated groups, purchasing box lunches so that children 
     can eat in their classroom, purchasing physical barriers, 
     providing additional transportation services, repurposing 
     existing school rooms and space, and improving ventilation 
     systems.
       (B) Developing and implementing procedures and systems to 
     improve the preparedness and response efforts of local 
     educational agencies or non-public schools including 
     coordination 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.
       (C) Providing principals and other school leaders with the 
     resources necessary to address the needs of their individual 
     schools directly related to coronavirus.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) 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.
       (H) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (I) Expanding healthcare and other health services 
     (including mental health services and supports), including 
     for children at risk of abuse or neglect.
       (J) 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.
       (2) A local educational agency that receives funds under 
     subsection (c)(2) may use the funds for activities to carry 
     out a comprehensive school reopening plan as described in 
     this section, including:
       (A) Purchasing personal protective equipment, implementing 
     flexible schedules to keep children in isolated groups, 
     purchasing box lunches so that children can eat in their 
     classroom, purchasing physical barriers, providing additional 
     transportation services, repurposing existing school rooms 
     and space, and improving ventilation systems.
       (B) Developing and implementation of procedures and systems 
     to improve the preparedness and response efforts of local 
     educational agencies or non-public schools, including 
     coordination 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.
       (C) Providing principals and others school leaders with the 
     resources necessary to address the needs of their individual 
     schools.
       (D) Providing additional services 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.
       (E) Training and professional development for staff of the 
     local educational agency or non-public school on sanitation 
     and minimizing the spread of infectious diseases.
       (F) Purchasing supplies to sanitize, clean, and disinfect 
     the facilities of a local educational agency or non-public 
     school, including buildings operated by such agency.
       (G) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency or non-public school 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.
       (H) Expanding healthcare and other health services 
     (including mental health services

[[Page S4801]]

     and supports), including for children at risk of abuse or 
     neglect.
       (I) Planning and implementing activities related to summer 
     learning and supplemental afterschool programs, including 
     providing classroom instruction 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.
       (f) State Funding.--A State may reserve not more than 5 
     percent of the funds not otherwise allocated under subsection 
     (c) and section __25 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.
       (g) Assurances.--A State, state educational agency, or 
     local educational agency receiving funding under this section 
     shall provide assurances, as applicable, that:
       (1) A State, State educational agency, or local educational 
     agency will maintain and expand access to high-quality 
     schools, including high-quality public charter schools, and 
     will not--
       (A) enact policies to close or prevent the expansion of 
     such schools to address revenue shortfalls that result in the 
     disproportionate closure or denial of expansion of public 
     charter schools that are otherwise meeting the terms of their 
     charter for academic achievement; or
       (B) disproportionally reduce funding to charter schools or 
     otherwise increase funding gaps between charter schools and 
     other public schools in the local educational agency.
       (2) Allocations of funding and services provided from funds 
     provided in this section to public charter schools are made 
     on the same basis as is used for all public schools, 
     consistent with state law and in consultation with charter 
     school leaders.
       (h) Report.--A State receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this title, in 
     such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (i) Reallocation.--A State shall return to the Secretary 
     any funds received under this section that the State does not 
     award within 4 months of receiving such funds and the 
     Secretary shall deposit such funds into the general fund of 
     the Treasury.
       (j) Rule of Construction.--
       (1) The receipt of any funds authorized or appropriated 
     under this section, including pursuant to section __25 of 
     this Act, by a nonprofit entity, or by any individual who has 
     been admitted or applied for admission to such entity (or any 
     parent or guardian of such individual), shall not be 
     construed to render such entity or person a recipient of 
     Federal financial assistance for any purpose, nor shall any 
     such person or entity be required to make any alteration to 
     its existing programs, facilities, or employment practices 
     except as required under this section.
       (2) No State participating in any program under this 
     section, including pursuant to section __25 of this Act, 
     shall impose any penalty or additional requirement upon, or 
     otherwise disadvantage, such entity or person as a 
     consequence or condition of its receipt of such funds.
       (3) No State participating in any program under this 
     section shall authorize any person or entity to use any funds 
     authorized or appropriated under this section, including 
     pursuant to section __25 of this Act, except as provided by 
     subsection (e), nor shall any such State impose any limits 
     upon the use of any such funds except as provided by 
     subsection (e).

                 higher education emergency relief fund

       Sec. __24. (a) In General.--From funds reserved under 
     section __21(b)(3) of this title the Secretary shall allocate 
     amounts as follows:
       (1) 85 percent to each institution of higher education 
     described in section 101 or section 102(c) of the Higher 
     Education Act of 1965 to prevent, prepare for, and respond to 
     coronavirus, by apportioning it--
       (A) 90 percent according to the relative share of full-time 
     equivalent enrollment of Federal Pell Grant recipients who 
     were not exclusively enrolled in distance education courses 
     prior to the coronavirus emergency; and
       (B) 10 percent according to the relative share of full-time 
     equivalent enrollment of students who were not Federal Pell 
     Grant recipients who were not exclusively enrolled in 
     distance education courses prior to the coronavirus 
     emergency.
       (2) 10 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 __24(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 distributed to eligible institutions 
     of higher education, except as otherwise provided in 
     subparagraphs (A)-(D), on the basis of the formula described 
     in section __24(a)(1) of this title:
       (A) Except as otherwise provided in subparagraph (B), for 
     eligible institutions under part B of title III and subpart 4 
     of part A of title VII of the Higher Education Act, the 
     Secretary shall allot to each eligible institution an amount 
     using the following formula:
       (i) 70 percent according to a ratio equivalent to the 
     number of Pell Grant recipients in attendance at such 
     institution at the end of the school year preceding the 
     beginning of the most recent fiscal year and the total number 
     of Pell Grant recipients at all such institutions;
       (ii) 20 percent according to a ratio equivalent to the 
     total number of students enrolled at such institution at the 
     end of the school year preceding the beginning of that fiscal 
     year and the number of students enrolled at all such 
     institutions; and
       (iii) 10 percent according to a ratio equivalent to the 
     total endowment size at all eligible institutions at the end 
     of the school year preceding the beginning of that fiscal 
     year and the total endowment size at such institutions;
       (B) For eligible institutions under section 326 of the 
     Higher Education Act, the Secretary shall allot to each 
     eligible institution an amount in proportion to the award 
     received from funding for such institutions in the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94);
       (C) For eligible institutions under section 316 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 316(d)(3) of the Higher 
     Education Act; and
       (D) Notwithstanding section 318(f) of the Higher Education 
     Act, for eligible institutions under section 318 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 318(e) of the Higher 
     Education Act.
       (3) 5 percent for grants to institutions of higher 
     education that the Secretary determines, through an 
     application process and after allocating funds under 
     paragraphs __24(a)(1) and (2) of this Act, have the greatest 
     unmet needs related to coronavirus. In awarding funds to 
     institutions of higher education under this paragraph the 
     Secretary shall prioritize institutions of higher education--
       (A) described under title I of the Higher Education Act of 
     1965 that were not eligible to receive an award under section 
     __24(a)(1) of this title, including institutions described in 
     section 102(b) of the Higher Education Act of 1965; and
       (B) that otherwise demonstrate significant needs related to 
     coronavirus that were not addressed by funding allocated 
     under subsections (a)(1) or (a)(2) of this section.
       (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.--An institution of higher education 
     receiving funds under this section may use the funds received 
     to:
       (1) defray expenses associated with coronavirus (including 
     lost revenue, reimbursement for expenses already incurred, 
     technology costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll); and
       (2) provide financial aid grants to students (including 
     students exclusively enrolled in distance education), which 
     may be used for any component of the student's cost of 
     attendance or for emergency costs that arise due to 
     coronavirus.
       (d) Special Provisions.--
       (1) 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.
       (2) An institution of higher education receiving funds 
     under section 18004 of division B of the CARES Act (Public 
     Law 116-136) may use those funds under the terms and 
     conditions of section __24(c) of this Act. Amounts repurposed 
     pursuant to this paragraph 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.
       (3) No funds received by an institution of higher education 
     under this section shall be used to fund contractors for the 
     provision of pre-enrollment recruitment activities; 
     endowments; or capital outlays associated with facilities 
     related to athletics, sectarian instruction, or religious 
     worship.
       (4) An institution of higher education that was required to 
     remit payment to the Internal Revenue Service for the excise 
     tax based on investment income of private colleges and 
     universities under section 4968 of the Internal Revenue Code 
     of 1986 for tax year 2019 shall have their allocation under 
     this section reduced by 50 percent and may only use funds for 
     activities described in paragraph (c)(2). This paragraph 
     shall not apply to an institution of higher education 
     designated by the Secretary as an eligible institution under 
     section 448 of the Higher Education Act of 1965.
       (e) Report.--An institution receiving funds under this 
     section shall submit a report to the Secretary, not later 
     than 6 months after receiving funding provided in

[[Page S4802]]

     this title, in such manner and with such subsequent frequency 
     as the Secretary may require, that provides a detailed 
     accounting of the use of funds provided under this section.
       (f) Reallocation.--Any funds allocated to an institution of 
     higher education under this section on the basis of a formula 
     described in subsection (a)(1) or (a)(2) but for which an 
     institution does not apply for funding within 60 days of the 
     publication of the notice inviting applications, shall be 
     reallocated to eligible institutions that had submitted an 
     application by such date.

                    assistance to non-public schools

       Sec. __25. (a) Funds Availability.--From the payment 
     provided by the Secretary under section __23 of this title to 
     a State educational agency, the State educational agency 
     shall reserve an amount of funds equal to the percentage of 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency. Upon 
     reserving funds under this section, the Governor of the State 
     shall award such funds equally to each non-public school 
     accredited or otherwise located in and licensed to operate in 
     the State based on the number of low-income students enrolled 
     in the non-public school as a share of all low-income 
     students enrolled in non-public elementary and secondary 
     schools in the State prior to the coronavirus emergency, 
     subject to the requirements in subsection (b).
       (b)(1) A non-public school that provides in-person 
     instruction for at least 50 percent of its students where the 
     students physically attend school no less than 50 percent of 
     each school-week, as determined by the non-public school 
     prior to the coronavirus emergency, shall be eligible for the 
     full amount of assistance per student as prescribed under 
     this section.
       (2) A non-public school that does not provide in-person 
     instruction to any students where the students physically 
     attend school in-person shall only be eligible for one-third 
     of the amount of assistance per student as prescribed under 
     this section.
       (3) A non-public school that provides in-person instruction 
     to at least some students where the students physically 
     attend school in-person but does not satisfy the requirements 
     in paragraph (1) shall have its amount of assistance as 
     prescribed under this section reduced on a pro rata basis, 
     which shall be calculated using the same methodology as is 
     used under section __23(c)(2)(C) of this title.
       (4) A Governor shall allocate not less than 50 percent of 
     the funds reserved in this section to non-public schools 
     within 30 days of receiving an award from the Secretary and 
     the remaining 50 percent not less than 4 months after 
     receiving an award from the Secretary.

                     continued payment to employees

       Sec. __26.  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. __27.  Except as otherwise provided in sections __21-
     __26 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. __28.  A State's application for funds to carry out 
     sections __22 or __23 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 proportional levels of 
     such State's support for elementary and secondary education 
     and for higher education relative to such States overall 
     spending in fiscal year 2019.

                       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.

                    Institute of Education Sciences

       For an additional amount for ``Institute of Education 
     Sciences'', $65,000,000, to remain available through 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for carrying 
     out the National Assessment of Educational Progress 
     Authorization Act (title III of Public Law 107-279):  
     Provided, That such amount is designated by the Congress as 
     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 inspector general

       For an additional amount for ``Office of 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 title 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.

                           General Provisions

       Sec. __29.  Funds made available in Public Law 115-245 
     under the heading ``National Technical Institute for the 
     Deaf'' that were available for obligation through fiscal year 
     2019, and where a valid obligation was incurred in such 
     fiscal year, are to remain available for obligation and 
     expenditure by educational agencies or institutions through 
     fiscal year 2021, notwithstanding section 412(b) of the 
     General Education Provisions Act (20 U.S.C. 1225):  Provided, 
     That such amount is designated by the Congress as 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. __30.  Funds made available in Public Law 115-245 
     under the heading ``Gallaudet University'' that were 
     available for obligation through fiscal year 2019, and where 
     a valid obligation was incurred in such fiscal year, are to 
     remain available for obligation and expenditure by 
     educational agencies or institutions through fiscal year 
     2021, notwithstanding section 412(b) of the General Education 
     Provisions Act (20 U.S.C. 1225):  Provided, That such amount 
     is designated by the Congress as 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. __31.  Funds made available in Public Law 113-76 under 
     the heading ``Innovation and Improvement'' that were 
     available for obligation through December 31, 2014 for the 
     Investing in Innovation program pursuant to the eighth and 
     ninth provisos under that heading in that Act are to remain 
     available through fiscal year 2021 for the liquidation of 
     valid obligations incurred in fiscal years 2014 or 2015:  
     Provided, That such amount is designated by the Congress as 
     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. __32.  Funds made available in Public Law 113-76 under 
     the heading ``Rehabilitation Services and Disability 
     Research'' that were available for obligation through fiscal 
     year 2015 for the Automated Personalization Computing Project 
     pursuant to the first four provisos under that heading in 
     that Act are to remain available through fiscal year 2021 for 
     the liquidation of valid obligations incurred in fiscal years 
     2014 or 2015:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                      Subtitle D--Related Matters

                            RELATED AGENCIES

                  Corporation for Public Broadcasting

       For an additional amount for ``Corporation for Public 
     Broadcasting,'' $175,000,000, to remain available until 
     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

[[Page S4803]]

     Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. __41.  Not later than 30 days after the date of 
     enactment of this Act, the Secretaries of Labor, Health and 
     Human Services, and Education shall provide a detailed spend 
     plan of anticipated uses of funds made available in this 
     title, 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. __42. (a) The remaining unobligated balances of funds 
     as of September 30, 2020, from amounts provided under the 
     heading ``Corporation for National and Community Service--
     Operating Expenses'' in title IV of division A of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94), 
     are hereby permanently rescinded, and an amount of additional 
     new budget authority equivalent to the amount rescinded is 
     hereby appropriated on September 30, 2020, to remain 
     available until September 30, 2021, and shall be available 
     for the same purposes, in addition to other funds as may be 
     available for such purposes, and under the same authorities 
     for which the funds were originally provided in Public Law 
     116-94:  Provided, That any amounts appropriated by the 
     preceding proviso shall not be subject to the allotment 
     requirements otherwise applicable under sections 129(a), (b), 
     (d), and (e) of the National and Community Service Act of 
     1993:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       (b)(1) Subsection (b) of section 3514 of title III of 
     division A of the CARES Act (Public Law 116-136) is hereby 
     repealed, and shall be applied hereafter as if such 
     subsection had never been enacted.
       (2)(A) In general.--The amounts provided under this 
     subsection 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 subsection 
     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.
       (C) Classification of budgetary effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(7) 
     and (c)(8) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the budgetary effects of this 
     subsection--
       (i) shall not be estimated for purposes of section 251 of 
     such Act;
       (ii) shall not be estimated for purposes of paragraph 
     (4)(C) of section 3 of the Statutory Pay As-You-Go Act of 
     2010 as being included in an appropriation Act; and
       (iii) shall be treated as if they were contained in a PAYGO 
     Act, as defined by section 3(7) of the Statutory Pay-As-You-
     Go Act of 2010 (2 U.S.C. 932(7)).
                                 ______
                                 
  SA 2526. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PARTNERSHIPS WITH STATE ACADEMIC CENTERS AND PUBLIC 
                   HEALTH DEPARTMENTS.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     partner with State-based institutions of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) and public health departments to perform 
     statewide, regional seroprevalence studies in States with a 
     prevalence of COVID-19 that is greater than 1,000 per 100,000 
     people. Any such study shall involve, at minimum, the number 
     of State residents required to achieve statistical 
     significance to estimate seroprevalence across the State.
       (b) Funding.--The Secretary shall allocate funds to carry 
     out this section from any unobligated amounts of the 
     additional amount of $25,000,000,000 appropriated to the 
     Public Health and Social Services Emergency Fund, under the 
     heading ``Public Health and Social Services Emergency Fund'' 
     under the heading ``Office of the Secretary'' under the 
     heading ``Department of Health and Human Services'' under 
     title I of division B of the Paycheck Protection Program and 
     Health Care Enhancement Act (Public Law 116-139) for 
     necessary expenses to research, develop, validate, 
     manufacture, purchase, administer, and expand capacity for 
     COVID-19 tests to effectively monitor and suppress COVID-19.
                                 ______
                                 
  SA 2527. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PARTNERSHIPS WITH STATE ACADEMIC CENTERS AND PUBLIC 
                   HEALTH DEPARTMENTS.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     partner with State-based institutions of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) and public health departments to perform 
     statewide, regional seroprevalence studies in States with a 
     prevalence of COVID-19 that is greater than 1,000 per 100,000 
     people. Any such study shall involve, at minimum, the number 
     of State residents required to achieve statistical 
     significance to estimate seroprevalence across the State.
       (b) Funding.--The Secretary shall allocate funds to carry 
     out this section from any unobligated amounts of the 
     additional amount of $25,000,000,000 appropriated to the 
     Public Health and Social Services Emergency Fund, under the 
     heading ``Public Health and Social Services Emergency Fund'' 
     under the heading ``Office of the Secretary'' under the 
     heading ``Department of Health and Human Services'' under 
     title I of division B of the Paycheck Protection Program and 
     Health Care Enhancement Act (Public Law 116-139) for 
     necessary expenses to research, develop, validate, 
     manufacture, purchase, administer, and expand capacity for 
     COVID-19 tests to effectively monitor and suppress COVID-19.
                                 ______
                                 
  SA 2528. Mr. TOOMEY (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENSURING PROCESSING OF APPROVED AND PENDING 
                   APPLICATIONS UNDER MEDICARE HOSPITAL 
                   ACCELERATED AND ADVANCE PAYMENTS PROGRAMS.

       (a) In General.--
       (1) Part a.--Section 1815(f) of the Social Security Act (42 
     U.S.C. 1395g(f)) is amended--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) In the case of any request for an accelerated payment 
     under the program under subsection (e)(3) pursuant to 
     paragraph (2) that was submitted prior to April 26, 2020, and 
     for which such payment has not been issued as of the date of 
     enactment of this paragraph, the Secretary shall--
       ``(A) in the case of any such request that was approved, 
     not later than 15 days after such date of enactment, provide 
     for the issuance of such payment to such hospital; and
       ``(B) in the case of any such request for which no 
     determination has been made regarding eligibility of a 
     hospital for such payment as of the date of enactment of this 
     paragraph, not later than 15 days after such date of 
     enactment, review the request and, if the hospital is 
     eligible for such payment, issue such payment to such 
     hospital.''.
       (2) Part b.--In the case of any request for an advance 
     payment under the advance payments program described in 
     section 421.214 of title 42, Code of Federal Regulations (or 
     a successor regulation) that was submitted prior to April 26, 
     2020, and for which such payment has not been issued as of 
     the date of enactment of this paragraph, the Secretary of 
     Health and Human Services shall--
       (A) in the case of any such request that was approved, not 
     later than 15 days after such date of enactment, provide for 
     the issuance of such payment to such supplier; and
       (B) in the case of any such request for which no 
     determination has been made regarding eligibility of a 
     supplier for such payment as of the date of enactment of this 
     paragraph, not later than 15 days after such date of 
     enactment, review the request and, if the supplier is 
     eligible for such payment, issue such payment to such 
     supplier.
       (3) Additional transitional government contribution.--
     Section 1844 of the Social Security Act (42 U.S.C. 1395w) is 
     amended by adding at the end the following:
       ``(e)(1) There shall be transferred from the General Fund 
     of the Treasury to the Trust Fund an amount, as estimated by 
     the Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to amounts paid under the advance payment 
     program under section 421.214 of title 42, Code of Federal 
     Regulations (or any successor regulation) pursuant to section 
     __(a)(2) of the __ Act of 2020.
       ``(2) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the sum 
     of--

[[Page S4804]]

       ``(A) the amounts by which claims have offset (in whole or 
     in part) the amount of such advance payments described in 
     paragraph (1); and
       ``(B) the amount of such advance payments that has been 
     repaid (in whole or in part), under the advance payment 
     program under such section 421.214 (or any such successor 
     regulation).
       ``(3) Amounts described in paragraphs (1) and (2) shall be 
     transferred from time to time as appropriate.''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, and the amendments made by, this section 
     by program instruction or otherwise.
                                 ______
                                 
  SA 2529. Mr. TOOMEY (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. ENSURING PROCESSING OF APPROVED AND PENDING 
                   APPLICATIONS UNDER MEDICARE HOSPITAL 
                   ACCELERATED AND ADVANCE PAYMENTS PROGRAMS.

       (a) In General.--
       (1) Part a.--Section 1815(f) of the Social Security Act (42 
     U.S.C. 1395g(f)) is amended--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) In the case of any request for an accelerated payment 
     under the program under subsection (e)(3) pursuant to 
     paragraph (2) that was submitted prior to April 26, 2020, and 
     for which such payment has not been issued as of the date of 
     enactment of this paragraph, the Secretary shall--
       ``(A) in the case of any such request that was approved, 
     not later than 15 days after such date of enactment, provide 
     for the issuance of such payment to such hospital; and
       ``(B) in the case of any such request for which no 
     determination has been made regarding eligibility of a 
     hospital for such payment as of the date of enactment of this 
     paragraph, not later than 15 days after such date of 
     enactment, review the request and, if the hospital is 
     eligible for such payment, issue such payment to such 
     hospital.''.
       (2) Part b.--In the case of any request for an advance 
     payment under the advance payments program described in 
     section 421.214 of title 42, Code of Federal Regulations (or 
     a successor regulation) that was submitted prior to April 26, 
     2020, and for which such payment has not been issued as of 
     the date of enactment of this paragraph, the Secretary of 
     Health and Human Services shall--
       (A) in the case of any such request that was approved, not 
     later than 15 days after such date of enactment, provide for 
     the issuance of such payment to such supplier; and
       (B) in the case of any such request for which no 
     determination has been made regarding eligibility of a 
     supplier for such payment as of the date of enactment of this 
     paragraph, not later than 15 days after such date of 
     enactment, review the request and, if the supplier is 
     eligible for such payment, issue such payment to such 
     supplier.
       (3) Additional transitional government contribution.--
     Section 1844 of the Social Security Act (42 U.S.C. 1395w) is 
     amended by adding at the end the following:
       ``(e)(1) There shall be transferred from the General Fund 
     of the Treasury to the Trust Fund an amount, as estimated by 
     the Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to amounts paid under the advance payment 
     program under section 421.214 of title 42, Code of Federal 
     Regulations (or any successor regulation) pursuant to section 
     __(a)(2) of the __ Act of 2020.
       ``(2) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the sum 
     of--
       ``(A) the amounts by which claims have offset (in whole or 
     in part) the amount of such advance payments described in 
     paragraph (1); and
       ``(B) the amount of such advance payments that has been 
     repaid (in whole or in part), under the advance payment 
     program under such section 421.214 (or any such successor 
     regulation).
       ``(3) Amounts described in paragraphs (1) and (2) shall be 
     transferred from time to time as appropriate.''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, and the amendments made by, this section 
     by program instruction or otherwise.
                                 ______
                                 
  SA 2530. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __PANDEMIC PREPARATION

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Preparing for the Next 
     Pandemic Act''.

     SEC. _02. SUSTAINED ON-SHORE MANUFACTURING CAPACITY FOR 
                   PUBLIC HEALTH EMERGENCIES.

       (a) In General.--Section 319L of the Public Health Service 
     Act (42 U.S.C. 247d-7e) is amended--
       (1) in subsection (a)(6)(B)--
       (A) by redesignating clauses (iv) and (v) as clauses (v) 
     and (vi), respectively;
       (B) by inserting after clause (iii), the following:
       ``(iv) activities to support domestic manufacturing surge 
     capacity of products or platform technologies, including 
     manufacturing capacity and capabilities to utilize platform 
     technologies to provide for flexible manufacturing 
     initiatives;''; and
       (C) in clause (vi) (as so redesginated), by inserting 
     ``manufacture,'' after ``improvement,'';
       (2) in subsection (b)--
       (A) in the first sentence of paragraph (1), by inserting 
     ``support for domestic manufacturing surge capacity,'' after 
     ``initiatives for innovation,''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (iii) by inserting after subparagraph (B), the following:
       ``(C) activities to support manufacturing surge capacities 
     and capabilities to increase the availability of existing 
     medical countermeasures and utilize existing novel platforms 
     to manufacture new medical countermeasures to meet 
     manufacturing demands to address threats that pose a 
     significant level of risk to national security; and'';
       (3) in subsection (c)--
       (A) in paragraph (2)--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) promoting domestic manufacturing surge capacity and 
     capabilities for countermeasure advanced research and 
     development, including facilitating contracts to support 
     flexible or surge manufacturing.'';
       (B) in paragraph (4)--
       (i) in subparagraph (B)--

       (I) in clause (iii), by striking ``and'' at the end;
       (II) in clause (iv), by striking the period and inserting 
     ``; and''; and
       (III) by adding at the end the following:

       ``(v) support and maintain domestic manufacturing surge 
     capacity and capabilities, including through contracts to 
     support flexible or surge manufacturing, to ensure that 
     additional production of countermeasures is available in the 
     event that the Secretary determines there is such a need for 
     additional production.'';
       (ii) in subparagraph (D)--

       (I) in clause (ii), by striking ``and'' at the end;
       (II) by redesignating clause (iii) as clause (iv); and
       (III) by inserting after clause (ii) the following:

       ``(iii) research to advance manufacturing capacities and 
     capabilities for medical countermeasures and platform 
     technologies that may be utilized for medical 
     countermeasures; and''; and
       (iii) in subparagraph (E), by striking clause (ix); and
       (C) in paragraph (7)(C)(i), by striking ``up to 100 highly 
     qualified individuals, or up to 50 percent of the total 
     number of employees, whichever is less,'' and inserting ``75 
     percent of the total number of employees'';
       (4) in subsection (d), by adding at the end the following:
       ``(3) Additional funding.--For necessary expenses to 
     improve and expand manufacturing surge capacity and 
     capabilities pursuant to subsection (c)(4)(B)(v), there is 
     authorized to be appropriated $5,000,000,000 for fiscal year 
     2021, to remain available until September 30, 2030.
       ``(4) Advance appropriation.--
       ``(A) In general.--There is appropriated, out of amounts in 
     the Treasury not otherwise appropriated for the fiscal year 
     ending September 30, 2021, for necessary expenses to improve 
     and expand manufacturing surge capacity and capabilities 
     pursuant to subsection (c)(4)(B)(v), $5,000,000,000, to 
     remain available until September 30, 2030.
       ``(B) Emergency designation.--
       ``(i) In general.--The amounts provided by this paragraph 
     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)).
       ``(ii) Designation in senate.--In the Senate, this 
     paragraph 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.
       ``(C) Application of provisions.--Amounts appropriated 
     pursuant to this paragraph for fiscal year 2021 shall be 
     subject to the requirements contained in Public Law 116-94 
     for funds for programs authorized under section 319L of this 
     Act.'';

[[Page S4805]]

       (5) in subsection (e)(1)--
       (A) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (B) by inserting after subparagraph (A), the following:
       ``(B) Temporary flexibility.--During a public health 
     emergency under section 319, the Secretary shall be provided 
     with an additional 60 business days to comply with 
     information requests for the disclosure of information under 
     section 552 of title 5, United States Code, related to the 
     activities under this section (unless such activities are 
     otherwise exempt under subparagraph (A)).''; and
       (6) in subsection (f)--
       (A) in paragraph (1), by striking ``Not later than 180 days 
     after the date of enactment of this subsection'' and 
     inserting ``Not later than 180 days after the date of 
     enactment of the Preparing for the Next Pandemic Act''; and
       (B) in paragraph (2), by striking ``Not later than 1 year 
     after the date of enactment of this subsection'' and 
     inserting ``Not later than 1 year after the date of enactment 
     of the Preparing for the Next Pandemic Act''.
       (b) Medical Countermeasure Innovation Partner.--The 
     restrictions under section 202 of division A of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94), or 
     any other provision of law imposing a restriction on salaries 
     of individuals related to a previous appropriation to the 
     Department of Health and Human Services, shall not apply with 
     respect to salaries paid pursuant to an agreement under the 
     medical countermeasure innovation partner program under 
     section 319L(c)(4)(E) of the Public Health Service Act (42 
     U.S.C. 247d-7e(c)(4)(E)).

     SEC. _03. IMPROVING AND SUSTAINING STATE MEDICAL STOCKPILES.

       Section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) is amended by adding at the end the following:
       ``(i) Improving and Maintaining State Medical Stockpiles.--
       ``(1) In general.--The Secretary, acting through the 
     Assistant Secretary for Preparedness and Response, shall 
     award grants, contracts, or cooperative agreements to 
     eligible entities to maintain a stockpile of appropriate 
     drugs, vaccines and other biological products, medical 
     devices, and other medical supplies (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) to be used during a public health emergency 
     declared by the Governor of a State or by the Secretary under 
     section 319, or a major disaster or emergency declared by the 
     President under section 401 or 501, respectively, of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act, in order to support the preparedness goals described in 
     paragraphs (2), (3), and (8) of section 2802(b).
       ``(2) Eligible entities.--
       ``(A) In general.--To be eligible to receive an award under 
     paragraph (1), an entity shall--
       ``(i) be a State or consortium of States that is a 
     recipient of an award under section 319C-1(b); and
       ``(ii) prepare, in consultation with appropriate health 
     care providers and health officials within the State or 
     consortium of States, and submit to the Secretary an 
     application that contains such information as the Secretary 
     may require, including a plan for the State stockpile and a 
     description of the activities such entity will carry out 
     under the agreement, consistent with the requirements of 
     paragraph (3).
       ``(B) Limitation.--The Secretary may make an award under 
     this subsection to not more than one eligible entity in each 
     State.
       ``(C) Supplement not supplant.--Awards, contracts, or 
     grants awarded under this subsection shall supplement, not 
     supplant, the reserve amounts of medical supplies procured by 
     and for the Strategic National Stockpile under subsection 
     (a).
       ``(D) Administrative expenses.--Not more than 5 percent of 
     amounts received by an entity pursuant to an award under this 
     subsection may be used for administrative expenses.
       ``(E) Clarification.--An eligible entity receiving an award 
     under this subsection may assign a lead entity to manage the 
     State stockpile, which may be a recipient of an award under 
     section 319C-2(b).
       ``(F) Requirement of matching funds.--
       ``(i) In general.--Subject to clause (ii), the Secretary 
     may not make an award under this subsection unless the 
     applicant agrees, with respect to the costs to be incurred by 
     the applicant in carrying out the purpose described in this 
     subsection, to make available non-Federal contributions 
     toward such costs in an amount equal to--

       ``(I) for each of fiscal years 2023 and 2024, not less than 
     $1 for each $10 of Federal funds provided in the award;
       ``(II) for each of fiscal years 2025 and 2026, not less 
     than $1 for each $5 of Federal funds provided in the award; 
     and
       ``(III) for fiscal year 2027 and each fiscal year 
     thereafter, not less than $1 for each $3 of Federal funds 
     provided in the award.

       ``(ii) Waiver.--

       ``(I) In general.--The Secretary may, upon the request of a 
     State, waive the requirement under clause (i) in whole or in 
     part if the Secretary determines that extraordinary economic 
     conditions in the State in the fiscal year involved or in the 
     previous fiscal year justify the waiver.
       ``(II) Applicability of waiver.--A waiver provided by the 
     Secretary under this subparagraph shall apply only to the 
     fiscal year involved.

       ``(3) Stockpiling activities and requirements.--A recipient 
     of a grant, contract, or cooperative agreement under this 
     subsection shall use such funds to carry out the following:
       ``(A) Maintaining a stockpile of appropriate drugs, 
     vaccines and other biological products, medical devices, and 
     other supplies (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) 
     to be used during a public health emergency in such numbers, 
     types, and amounts as the State determines necessary, 
     consistent with such State's stockpile plan. Such a recipient 
     may not use funds to support the stockpiling of 
     countermeasures as defined under subsection (c), unless the 
     eligible entity provides justification for maintaining such 
     products and the Secretary determines such appropriate and 
     applicable.
       ``(B) Deploying the stockpile as required by the State to 
     respond to an actual or potential public health emergency.
       ``(C) Replenishing and making necessary additions or 
     modifications to the contents of such stockpile or 
     stockpiles, including to address potential depletion.
       ``(D) In consultation with Federal, State, and local 
     officials, take into consideration the availability, 
     deployment, dispensing, and administration requirements of 
     medical products within the stockpile.
       ``(E) Ensuring that procedures are followed for inventory 
     management and accounting, and for the physical security of 
     the stockpile, as appropriate.
       ``(F) Reviewing and revising, as appropriate, the contents 
     of the stockpile on a regular basis to ensure that to the 
     extent practicable, advanced technologies and medical 
     products are considered.
       ``(G) Carrying out exercises, drills, and other training 
     for purposes of stockpile deployment, dispensing, and 
     administration of medical products, and for purposes of 
     assessing the capability of such stockpile to address the 
     medical supply needs of public health emergencies of varying 
     types and scales, which may be conducted in accordance with 
     requirements related to exercises, drills, and other training 
     for recipients of awards under section 319C-1 or 319C-2, as 
     applicable.
       ``(H) Carrying out other activities as the State determines 
     appropriate, to support State efforts to prepare for, and 
     respond to, public health threats.
       ``(4) State plan coordination.--The eligible entity under 
     this subsection shall ensure appropriate coordination of the 
     State stockpile plan developed pursuant to paragraph 
     (2)(A)(ii) and the plans required pursuant to section 319C-1.
       ``(5) Guidance for states.--Not later than 180 days after 
     the date of enactment of this subsection, the Secretary, 
     acting through the Assistant Secretary for Preparedness and 
     Response, shall issue guidance for States related to 
     maintaining and replenishing a stockpile of medical products. 
     The Secretary shall update such guidance as appropriate.
       ``(6) Assistance to states.--The Secretary shall provide 
     assistance to States, including technical assistance, as 
     appropriate, to maintain and improve State and local public 
     health preparedness capabilities to distribute and dispense 
     medical products from a State stockpile.
       ``(7) Coordination with the strategic national stockpile.--
     Each recipient of an award under this subsection shall ensure 
     that the State stockpile plan developed pursuant to paragraph 
     (2)(A)(ii) contains such information as the Secretary may 
     require related to current inventory of supplies maintained 
     pursuant to paragraph (3), and any plans to replenish such 
     supplies, or procure new or alternative supplies. The 
     Secretary shall use information obtained from State stockpile 
     plans to inform the maintenance and management of the 
     Strategic National Stockpile pursuant to subsection (a).
       ``(8) Performance and accountability.--
       ``(A) In general.--The Secretary, acting through the 
     Assistant Secretary for Preparedness and Response, shall 
     develop and implement a process to review and audit entities 
     in receipt of an award under this subsection, including by 
     establishing metrics to ensure that each entity receiving 
     such an award is carrying out activities in accordance with 
     the applicable State stockpile plan. The Secretary may 
     require entities to--
       ``(i) measure progress toward achieving the outcome goals; 
     and
       ``(ii) at least annually, test, exercise, and rigorously 
     evaluate the stockpile capacity and response capabilities of 
     the entity, and report to the Secretary on the results of 
     such test, exercise, and evaluation, and on progress toward 
     achieving outcome goals, based on criteria established by the 
     Secretary.
       ``(B) Notification of failure.--The Secretary shall develop 
     and implement a process to notify entities that are 
     determined by the Secretary to have failed to meet the 
     requirements of the terms of an award under this subsection. 
     Such process shall provide such entities with the opportunity 
     to correct such noncompliance. An entity that fails to 
     correct such noncompliance shall be subject to subparagraph 
     (C).

[[Page S4806]]

       ``(C) Withholding of certain amounts from entities that 
     fail to achieve benchmarks or submit state stockpile plan.--
     Beginning with fiscal year 2022, and in each succeeding 
     fiscal year, the Secretary shall withhold from each entity 
     that has failed substantially to meet the terms of an award 
     under this subsection for at least 1 of the 2 immediately 
     preceding fiscal years (beginning with fiscal year 2022), the 
     amount allowed for administrative expenses described in 
     described in paragraph (2)(D).
       ``(9) Authorization of appropriations.--For the purpose of 
     carrying out this subsection, there are authorized to be 
     appropriated $1,000,000,000 for each of fiscal years 2021 
     through 2030, to remain available until expended.
       ``(10) Advance appropriation.--
       ``(A) In general.--There is appropriated, out of amounts in 
     the Treasury not otherwise appropriated, for fiscal year 
     2021, for necessary expenses to establish and maintain State 
     medical stockpiles pursuant to this subsection, 
     $10,000,000,000, to remain available until September 30, 
     2030.
       ``(B) Emergency designation.--
       ``(i) In general.--The amounts provided by this paragraph 
     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)).
       ``(ii) Designation in senate.--In the Senate, this 
     paragraph 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.
       ``(C) Application of provisions.--Amounts appropriated 
     pursuant to this paragraph for fiscal year 2021 shall be 
     subject to the requirements contained in Public Law 116-94 
     for funds for programs authorized under section 319F-2 of 
     this Act.''.

     SEC. _04. STRENGTHENING THE STRATEGIC NATIONAL STOCKPILE.

       Section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by adding ``and the contracts 
     issued under paragraph (5)'' after ``paragraph (1)'';
       (B) in paragraph (3)(F), by striking ``Secretary of 
     Homeland Security'' and inserting ``Secretary of Health and 
     Human Services, in coordination with or at the request of, 
     the Secretary of Homeland Security,'';
       (C) by redesignating paragraph (5) as paragraph (6);
       (D) by inserting after paragraph (4) the following:
       ``(5) Surge capacity.--The Secretary, in maintaining the 
     stockpile under paragraph (1) and carrying out procedures 
     under paragraph (3), may--
       ``(A) enter into contracts or cooperative agreements with 
     vendors for procurement, maintenance, and storage of reserve 
     amounts of drugs, vaccines and other biological products, 
     medical devices, and other medical supplies (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), under such 
     terms and conditions (including quantity, production 
     schedule, maintenance costs, and price of product) as the 
     Secretary may specify, including for purposes of--
       ``(i) maintenance and storage of reserve amounts of 
     products intended to be delivered to the ownership of the 
     Federal Government under the contract, which may consider 
     costs of shipping, or otherwise transporting, handling, 
     storage, and related costs for such product or products; and
       ``(ii) maintaining domestic manufacturing capacity of such 
     products to ensure additional reserved production capacity of 
     such products is available, and that such products are 
     provided in a timely manner, to be delivered to the ownership 
     of the Federal Government under the contract and deployed in 
     the event that the Secretary determines that there is a need 
     to quickly purchase additional quantities of such product; 
     and
       ``(B) promulgate such regulations as the Secretary 
     determines necessary to implement this paragraph.''; and
       (E) in subparagraph (A) of paragraph (6), as so 
     redesignated--
       (i) in clause (viii), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in clause (ix), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(x) an assessment of the contracts or cooperative 
     agreements entered into pursuant to paragraph (5).''; and
       (2) in subsection (c)(2)(C), by striking ``on an annual 
     basis'' and inserting ``not later than March 15 of each 
     year''.
                                 ______
                                 
  SA 2531. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __IMPROVING PANDEMIC HEALTH RESPONSE

     SEC. _01. IMPROVING EARLIER ACCESS TO DIAGNOSTIC TESTS.

       Section 319D of the Public Health Service Act (42 U.S.C. 
     247d-4) is amended by adding at the end the following:
       ``(k) Improving Diagnostic Test, Treatment, and Vaccine 
     Research and Development.--
       ``(1) Virus sample access.--Not later than 180 days after 
     the date of enactment of this subsection, the Secretary 
     shall, in coordination with the Director of the Centers for 
     Disease Control and Prevention and the Commissioner of Food 
     and Drugs, establish and make publicly available policies and 
     procedures for public and private entities to access samples 
     of specimens containing infectious disease agents, or 
     suitable surrogates or alternatives, as appropriate, that may 
     support the development of products, including the 
     development of diagnostic tests, treatments, or vaccines, to 
     address emerging infectious diseases for biomedical research 
     purposes, and for use to otherwise respond to emerging 
     infectious diseases, as the Secretary determines appropriate.
       ``(2) Guidance.--The Secretary shall issue guidance 
     regarding the procedures for carrying out paragraph (1), 
     including--
       ``(A) the method for requesting samples of specimens 
     containing infectious disease agents;
       ``(B) criteria for sample availability and use of suitable 
     surrogates or alternatives, as appropriate; and
       ``(C) information required to be provided in order to 
     receive such samples or suitable surrogates or alternatives.
       ``(3) Earlier development of diagnostic tests.--The 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, may contract with public and 
     private entities, as appropriate, to assist in the immediate 
     and rapid development, validation, and dissemination of 
     diagnostic tests, as appropriate, for purposes of 
     biosurveillance and other immediate public health response 
     activities to address an emerging infectious disease that has 
     significant potential to cause a public health emergency.
       ``(4) Capacity planning for supply needs.--The Secretary, 
     in coordination with the Commissioner of Food and Drugs and 
     the Director of the Centers for Disease Control and 
     Prevention, shall, as appropriate, consult with medical 
     product manufacturers, suppliers, and other relevant 
     stakeholders, as appropriate, to--
       ``(A) identify specific supplies or components needed, 
     including specimen collection and transport materials, 
     reagents, or other supplies related to the development, 
     validation, or administration of a diagnostic test to detect 
     an infectious disease for which an emergency use 
     authorization is in effect under section 564 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3);
       ``(B) identify projected demand for and availability of 
     such supplies and communicate such information to medical 
     product manufacturers, suppliers, and other relevant 
     stakeholders during a public health emergency; and
       ``(C) support activities to increase the availability of 
     such supplies or alternative products that may be 
     appropriately substituted for such supplies during a public 
     health emergency.''.

     SEC. _02. GUIDANCE FOR STATES AND INDIAN TRIBES ON ACCESSING 
                   THE STRATEGIC NATIONAL STOCKPILE.

       Not later than 15 days after the date of enactment of this 
     Act, for purposes of the public health emergency declared by 
     the Secretary pursuant to section 319 of the Public Health 
     Service Act on January 31, 2020, with respect to COVID-19, 
     the Secretary of Health and Human Services shall issue 
     guidance to clarify the processes by which the Secretary of 
     Health and Human Services provides Federal assistance through 
     the Strategic National Stockpile under section 319F-2 of the 
     Public Health Service Act (42 U.S.C. 247d-6b) to States, 
     localities, territories, and Indian tribes and tribal 
     organizations (as defined under section 4 of the Indian Self-
     Determination and Education Assistance Act). Such guidance 
     shall include information related to processes by which to 
     request access to medical supplies in the Strategic National 
     Stockpile and factors considered by the Secretary of Health 
     and Human Services when making distribution decisions.

     SEC. _03. MODERNIZING INFECTIOUS DISEASE DATA COLLECTION.

       (a) Improving Infectious Disease Data Collection.--Section 
     319D of the Public Health Service Act (42 U.S.C. 247d-4) is 
     amended--
       (1) in subsection (c)--
       (A) in paragraph (3)(A)(iv), by inserting ``(such as 
     commercial, academic, and other hospital laboratories)'' 
     after ``clinical laboratories'';
       (B) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``and 
     operating'' and inserting ``, operating, and updating'';
       (II) in clause (iv), by striking ``and'' at the end;
       (III) in clause (v), by striking the period and inserting 
     ``; and''; and
       (IV) by adding at the end the following:

       ``(vi) integrate and update applicable existing Centers for 
     Disease Control and Prevention data systems and networks in 
     collaboration with State, local, tribal, and territorial 
     public health officials, including public health surveillance 
     and disease detection systems.''; and

[[Page S4807]]

       (ii) in subparagraph (B)--

       (I) in clause (i), by inserting ``and 60 days after the 
     date of enactment of the Coronavirus Relief Fair Unemployment 
     Compensation Act of 2020'' after ``Innovation Act of 2018'';
       (II) in clause (ii), by inserting ``epidemiologists, 
     clinical microbiologists, pathologists and laboratory 
     experts, experts in health information technology, privacy, 
     and data security'' after ``forecasting);''; and
       (III) in clause (iii)--

       (aa) in subclause (V), by striking ``and'' at the end;
       (bb) in subclause (VI), by striking the period; and
       (cc) by adding at the end the following:

       ``(VII) strategies to integrate laboratory and epidemiology 
     systems and capabilities to conduct rapid and accurate 
     laboratory tests;
       ``(VIII) strategies to improve the collection and reporting 
     of appropriate, aggregated, deidentified demographic data to 
     inform responses to public health emergencies, including 
     identification of at-risk populations and to address health 
     disparities; and
       ``(IX) strategies to improve the electronic exchange of 
     health information between State and local health departments 
     and health care providers and facilities to improve public 
     health surveillance.''; and

       (C) in paragraph (6)--
       (i) in subparagraph (A)--

       (I) in clause (iii)--

       (aa) in subclause (III), by striking ``and'' at the end;
       (bb) in subclause (IV), by inserting ``, including the 
     ability to conduct and report on rapid and accurate 
     laboratory testing during a public health emergency'' before 
     the semicolon; and
       (cc) by adding at the end the following:

       ``(V) improve coordination and collaboration, as 
     appropriate, with other Federal departments; and
       ``(VI) implement applicable lessons learned from recent 
     public health emergencies to address gaps in situational 
     awareness and biosurveillance capabilities, including an 
     evaluation of ways to improve the collection and reporting of 
     aggregated, deidentified demographic data to inform public 
     health preparedness and response'';
       (II) in clause (iv), by striking ``and'' at the end;
       (III) in clause (v), by striking the period and inserting 
     ``including a description of how such steps will further the 
     goal of improving awareness of and timely responses to 
     emerging infectious disease threats; and''; and
       (IV) by adding at the end the following:

       ``(vi) identifies and demonstrates measurable steps the 
     Secretary will take to further develop and integrate 
     infectious disease detection, including expanding 
     capabilities to conduct rapid and accurate diagnostic 
     laboratory testing during a public health emergency, and 
     improve coordination and collaboration with State, local, 
     Tribal, and territorial public health officials, clinical 
     laboratories (including commercial, hospital and academic 
     laboratories), and other entities with expertise in public 
     health surveillance.''; and
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (iii) by inserting after subparagraph (A), the following:
       ``(B) Reports.--
       ``(i) In general.--Not later than 1 month after date of 
     enactment of the Coronavirus Relief Fair Unemployment 
     Compensation Act of 2020, and as provided for in clause (ii), 
     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 on the status of the Department of 
     Health and Human Services' biosurveillance modernization and 
     assessment progress with respect to emerging infectious 
     disease threats.
       ``(ii) Additional reports.--During the 2-year period 
     beginning on the date of enactment of the Coronavirus Relief 
     Fair Unemployment Compensation Act of 2020, the Secretary 
     shall provide additional reports under clause (i) every 90 
     days after the submission of the initial report under such 
     clause. The Secretary shall provide such reports annually 
     thereafter. The Secretary may provide such additional reports 
     less frequently, but not less frequently than every 180 days, 
     during an ongoing public health emergency or another 
     significant infectious disease outbreak.'';
       (2) in subsection (d)--
       (A) in paragraph (2)(C), by inserting ``, including any 
     public-private partnerships entered into to improve such 
     capacity'' before the semicolon; and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) may establish, enhance, or maintain a system or 
     network for the collection of data to provide for early 
     detection of infectious disease outbreaks, near real-time 
     access to relevant electronic data and integration of 
     electronic data and information from public health and other 
     appropriate sources, such as laboratories, hospitals, and 
     epidemiology systems, to enhance the capability to conduct 
     rapid and accurate diagnostic laboratory tests to provide for 
     disease detection.'';
       (3) in subsection (f)(1)(A), by inserting ``pathologists, 
     clinical microbiologists, laboratory professionals, 
     epidemiologists,'' after ``forecasting),''; and
       (4) in subsection (h), by adding at the end the following: 
     ``Such evaluation shall include identification of any gaps in 
     biosurveillance and situational awareness capabilities 
     identified related to recent public health emergencies, any 
     immediate steps taken to address such gaps, and any long-term 
     plans to address such gaps, including steps related to 
     activities authorized under this section.''.
       (b) National Health Security Strategy.--Section 2802(b)(2) 
     of the Public Health Service Act (42 U.S.C. 300hh-1(b)(2)) is 
     amended--
       (1) in subparagraph (A), by inserting ``such as by 
     integrating laboratory and epidemiology systems and 
     capability to conduct rapid and accurate laboratory tests,'' 
     after ``detection, identification,''; and
       (2) in subparagraph (B), by inserting ``laboratory 
     testing,'' after ``services and supplies,''.
       (c) Epidemiology-laboratory Capacity Grants.--Section 
     2821(a) of the Public Health Service Act (42 U.S.C. 300hh-
     31(a)) is amended--
       (1) in paragraph (3), by striking ``and'';
       (2) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(5) supporting activities of State and local public 
     health departments related to biosurveillance and disease 
     detection, which may include activities related to section 
     319D, as appropriate.''.

     SEC. _04. CENTERS FOR PUBLIC HEALTH PREPAREDNESS.

       (a) In General.--Subpart B of title III of the Public 
     Health Service Act (42 U.S.C. 243 et seq.) is amended by 
     inserting after section 319F-4 the following:

     ``SEC. 319F-5. CENTERS FOR PUBLIC HEALTH PREPAREDNESS.

       ``(a) In General.--The Secretary may award grants, 
     contracts, or cooperative agreements to institutions of 
     higher education or other nonprofit private entities for the 
     establishment or support of a network of regional centers for 
     public health preparedness (referred to in this section as 
     `Centers').
       ``(b) Use of Funds.--Centers established or supported under 
     this section shall--
       ``(1) advance the awareness of public health officials, 
     health care professionals, and the public, with respect to 
     information and research related to public health 
     preparedness and response, including for chemical, 
     biological, radiological, and nuclear threats, including 
     emerging infectious diseases, and epidemiology of emerging 
     infectious diseases;
       ``(2) identify and translate promising research findings or 
     practices into evidence-based practices to inform 
     preparedness for, and responses to, a chemical, biological, 
     radiological, or nuclear agent, including emerging infectious 
     diseases;
       ``(3) expand activities, including through public-private 
     partnerships, as appropriate, related to public health 
     preparedness and response, including participation in drills 
     and exercises and training public health experts, as 
     appropriate; and
       ``(4) provide technical assistance and expertise, as 
     applicable, during public health emergencies, including for 
     emerging infectious disease threats, which may include 
     identifying and communicating evidence on the impacts of such 
     threats on at-risk populations.
       ``(c) Requirements.--To be eligible for an award under this 
     section, an entity shall submit to the Secretary an 
     application containing such information as the Secretary may 
     require, including a description of how the entity will--
       ``(1) coordinate activities with State, local, and tribal 
     health departments, hospitals, and health care coalitions, 
     including recipients of awards under section 319C-1, 319C-2, 
     or 319C-3, in order to improve preparedness, integrate 
     capabilities and functions, and reduce duplication; and
       ``(2) prioritize efforts to implement evidence-based 
     practices to improve public health preparedness and reduce 
     the spread of emerging infectious disease threats.
       ``(d) Distribution of Awards.--In awarding grants, 
     contracts, or cooperative agreements under this section, the 
     Secretary shall support not fewer than 10 regional centers 
     for public health preparedness, subject to the availability 
     of appropriations.
       ``(e) Authorization.--For purposes of carrying out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary for each of fiscal years 2021 through 
     2025.''.
       (b) Conforming Changes.--Section 319F of the Public Health 
     Service Act (42 U.S.C. 247d-6) is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.

     SEC. _05. TELEHEALTH PLANS.

       (a) PHSA.--Title XXVII of the Public Health Service Act (42 
     U.S.C. 300gg et seq.) is amended--
       (1) in section 2722(c) (42 U.S.C. 300gg-21(c)), by adding 
     at the end the following:
       ``(4) Telehealth benefits.--
       ``(A) In general.--The requirements of subparts I and II 
     (except section 2704 (relating to the prohibition of 
     preexisting condition exclusions or other discrimination 
     based on health status), section 2705 (relating to 
     prohibition of discrimination against individual participants 
     and beneficiaries based on health status), section 2712 
     (relating to prohibition of rescissions); and section 2726

[[Page S4808]]

     (relating to parity in mental health or substance use 
     disorder benefits) and as provided by the Secretary in 
     guidance) shall not apply to any group health plan (or group 
     health insurance coverage) offered by a large employer in 
     relation to its provision of excepted benefits described in 
     section 2791(c)(5) if the benefits--
       ``(i) are provided in accordance with guidance issued by 
     the Secretary; and
       ``(ii) are made available only to employees (and dependents 
     of such employees) who are not eligible for another group 
     health plan or group health insurance coverage offered by the 
     employer offering such benefits described in section 
     2791(c)(5).
       ``(B) Sunset.--This paragraph shall have no force or effect 
     with respect to plan years beginning on or after the later 
     of--
       ``(i) January 1, 2022; or
       ``(ii) the date on which the public health emergency 
     declared by the Secretary under section 319, on January 31, 
     2020, with respect to COVID-19 ends.''; and
       (2) in section 2791(c) (42 U.S.C. 300gg-91(c)), by adding 
     at the end the following:
       ``(5) Benefits for telehealth services only.--
       ``(A) In general.--Benefits for telehealth services and 
     other remote care services only, as specified in the guidance 
     entitled, `FAQs about Families First Coronavirus Response Act 
     and Coronavirus Aid, Relief, and Economic Security Act 
     Implementation Part 43', issued by the Secretary, the 
     Secretary of Labor, and the Secretary of the Treasury on June 
     23, 2020 (or any successor guidance).
       ``(B) Sunset.--This paragraph shall have no force or effect 
     with respect to plan years beginning on or after the later 
     of--
       ``(i) January 1, 2022; or
       ``(ii) the date on which the public health emergency 
     declared by the Secretary under section 319, on January 31, 
     2020, with respect to COVID-19 ends.''.
       (b) Application Under ERISA and the IRC.--Section 
     2722(c)(4) of the Public Health Service Act (as amended by 
     subsection (a)) shall apply to group health plans and health 
     insurance issuers providing health insurance coverage in 
     connection with group health plans pursuant to part 7 of 
     subtitle B of title I of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1181 et seq.), and pursuant 
     to chapter 100 of subtitle K of the Internal Revenue Code of 
     1986, as though such section 2722(c)(4) were included in such 
     part and such chapter, respectively.
       (c) Implementation.--The Secretary of Health and Human 
     Services, the Secretary of Labor, and the Secretary of the 
     Treasury may implement the provisions of this section, 
     including the amendments made by this section, through sub-
     regulatory guidance, program instruction, or otherwise.

     SEC. _06. PROTECTION OF HUMAN GENETIC INFORMATION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall ensure 
     that no person may collect, store, analyze, disseminate, or 
     otherwise make use of, or benefit from, any human genetic 
     information collected as a result of diagnostic and serologic 
     testing for COVID-19, for any incidental use, or any reason 
     other than such diagnostic or serologic testing, except with 
     the express, written, informed consent of the individual 
     being tested.
       (b) Enforcement.--Any person who violates subsection (a) 
     shall be subject to a civil monetary penalty of not more than 
     $100 for each such violation.
       (c) Definitions.--In this section--
       (1) the term ``genetic information'' has the meaning given 
     such term in section 160.103 of title 45, Code of Federal 
     Regulations (or any successor regulations); and
       (2) the term ``incidental'' means any action taken by any 
     person, directly or indirectly, to obtain genetic information 
     from an individual, for any purpose, other than the purpose 
     specifically authorized by the living individual from whom 
     the specimen has its biological origin or another designated 
     individual if the individual is a minor or is incapacitated, 
     or if the individual is deceased, the individual's next of 
     kin.

     SEC. _07. REAGAN-UDALL FOUNDATION AND FOUNDATION FOR THE 
                   NATIONAL INSTITUTES OF HEALTH.

       (a) Reagan-Udall Foundation for the Food and Drug 
     Administration.--Section 770(n) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379dd(n)) is amended by striking 
     ``$500,000 and not more than $1,250,000'' and inserting 
     ``$1,250,000 and not more than $5,000,000''.
       (b) Foundation for the National Institutes of Health.--
     Section 499(l) of the Public Health Service Act (42 U.S.C. 
     290b(l)) is amended by striking ``$500,000 and not more than 
     $1,250,000'' and inserting ``$1,250,000 and not more than 
     $5,000,000''.
                                 ______
                                 
  SA 2532. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES.

       (a) Expanding Access to Telehealth Services.--
       (1) In general.--Section 1834(m)(4)(C) of the Social 
     Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended by adding 
     at the end the following new clause:
       ``(iii) Expanding access to telehealth services.--With 
     respect to telehealth services furnished beginning on the 
     first day after the end of the emergency period described in 
     section 1135(g)(1)(B) of this clause, the term `originating 
     site' means any site at which the eligible telehealth 
     individual is located at the time the service is furnished 
     via a telecommunications system, including the home of an 
     individual.''.
       (2) Conforming amendments.--Such section is amended--
       (A) in paragraph (2)(B)--
       (i) in clause (i), in the matter preceding subclause (I), 
     by striking ``clause (ii)'' and inserting ``clauses (ii) and 
     (iii)''; and
       (ii) by adding at the end the following new clause:
       ``(iii) No facility fee for new sites.--With respect to 
     telehealth services furnished on or after the date of 
     enactment of this clause, a facility fee shall only be paid 
     under this subparagraph to an originating site that is 
     described in paragraph (4)(C)(ii) (other than subclause (X) 
     of such paragraph).''.
       (B) in paragraph (4)(C)--
       (i) in clause (i), in the matter preceding subclause (I), 
     by inserting ``and clause (iii)'' after ``and (7)''; and
       (ii) in clause (ii)(X), by inserting ``prior to the first 
     day after the end of the emergency period described in 
     section 1135(g)(1)(B)'' before the period;
       (C) in paragraph (5), by inserting ``and prior to the first 
     day after the end of the emergency period described in 
     section 1135(g)(1)(B)'' after ``January 1, 2019,'';
       (D) in paragraph (6)(A), by inserting ``and prior to the 
     first day after the end of the emergency period described in 
     section 1135(g)(1)(B),'' after ``January 1, 2019,''; and
       (E) in paragraph (7), by inserting ``and prior to the first 
     day after the end of the emergency period described in 
     section 1135(g)(1)(B),'' after ``July 1, 2019,''.
       (b) Expanding Practitioners Eligible to Furnish Telehealth 
     Services.--Section 1834(m) of the Social Security Act (42 
     U.S.C. 1395m(m)) is amended--
       (1) in paragraph (1), by striking ``(described in section 
     1842(b)(18)(C))'' and inserting ``(defined in paragraph 
     (4)(E))''; and
       (2) in paragraph (4)(E)--
       (A) by striking ``practitioner.--The term'' and inserting 
     ``Practitioner.--
       ``(A) In general.--Subject to subparagraph (B), the term''; 
     and
       (B) by adding at the end the following new subparagraph:
       ``(B) Expansion.--The Secretary, after consulting with 
     stakeholders regarding services that are clinically 
     appropriate, may expand the types of practitioners who may 
     furnish telehealth services to include any health care 
     professional that is eligible to bill the program under this 
     title for their professional services.''.
       (c) Retention of Additional Services and Subregulatory 
     Process for Modifications Following Emergency Period.--
     Section 1834(m)(4)(F) of the Social Security Act (42 U.S.C. 
     1395m(m)(4)(F)) is amended--
       (1) in clause (i), by inserting ``and clause (iii)'' after 
     ``paragraph (8)'';
       (2) in clause (ii), by striking ``The Secretary'' and 
     inserting ``Subject to clause (iii), the Secretary''; and
       (3) by adding at the end the following new clause:
       ``(iii) Retention of additional services and subregulatory 
     process for modifications following emergency period.--With 
     respect to telehealth services furnished after the last day 
     of the emergency period described in section 1135(g)(1)(B), 
     the Secretary may--

       ``(I) retain as appropriate the expanded list of telehealth 
     services specified in clause (i) pursuant to the waiver 
     authority under section 1135(b)(8) during such emergency 
     period; and
       ``(II) retain the subregulatory process used to modify the 
     services included on the list of such telehealth services 
     pursuant to clause (ii) during such emergency period.''.

       (d) Enhancing Telehealth Services for Federally Qualified 
     Health Centers and Rural Health Clinics.--Section 1834(m)(8) 
     of the Social Security Act (42 U.S.C. 1395m(m)(8)) is 
     amended--
       (1) in the paragraph heading by inserting ``and after'' 
     after ``during '';
       (2) in subparagraph (A), in the matter preceding clause 
     (i), by inserting ``and after'' after ``During''; and
       (3) in the first sentence of subparagraph (B)(i), by 
     inserting ``and after'' after ``during''.
       (e) Use of Telehealth, as Clinically Appropriate, to 
     Conduct Face-to-face Encounter for Hospice Care.--Section 
     1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 
     1395f(a)(7)(D)(i)(II)) is amended by inserting ``and after 
     such emergency period as clinically appropriate'' after 
     ``1135(g)(1)(B)''.
       (f) Use of Telehealth, as Clinically Appropriate, to 
     Conduct Face-to-face Clinical Assessments for Home 
     Dialysis.--Clause (iii) of section 1881(b)(3)(B) of the 
     Social Security Act (42 U.S.C. 1395rr(b)(3)(B)) is amended--
       (1) by moving such clause 4 ems to the left; and
       (2) by inserting ``and after such emergency period as 
     clinically appropriate'' before the period.

[[Page S4809]]

       (g) Implementation.--Notwithstanding any provision of law, 
     the Secretary may implement the provisions of, and amendments 
     made by, this section by interim final rule, program 
     instruction, or otherwise.
                                 ______
                                 
  SA 2533. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

       TITLE __--STUDENT LOAN REPAYMENT AND FAFSA SIMPLIFICATION

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Student Loan Repayment and 
     FAFSA Simplification Act''.

     SEC. __. SIMPLIFYING STUDENT LOAN REPAYMENT.

       (a) In General.--Section 455 of the Higher Education Act of 
     1965 (20 U.S.C. 1087e) is amended--
       (1) in subsection (d)(1)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) notwithstanding any other provision of law, in the 
     case of a loan described in subsection (a) that enters 
     repayment on or after October 1, 2020, or for which a 
     borrower seeks to change to a different repayment plan on or 
     after October 1, 2020, only a repayment plan described in 
     subsection (r).''; and
       (2) by adding at the end the following:
       ``(r) Repayment.--
       ``(1) In general.--For loans described under subsection (a) 
     that enter repayment on or after October 1, 2020, or for 
     which the borrower seeks to change to a different repayment 
     plan on or after October 1, 2020, only the following 
     repayment options shall be made available:
       ``(A) A standard repayment plan, with a fixed annual 
     repayment amount paid over a fixed period of time, not to 
     exceed 10 years.
       ``(B) An income determined repayment plan, with an annual 
     repayment amount in the amount determined in accordance with 
     paragraph (2).
       ``(2) Income determined repayment plans.--
       ``(A) In general.--An income determined repayment plan 
     under paragraph (1)(B) shall require a borrower to pay an 
     amount equal to 10 percent of the result obtained by 
     calculating, on at least an annual basis, the amount by 
     which--
       ``(i) the borrower's, and the borrower's spouse's (if 
     applicable), adjusted gross income; exceeds
       ``(ii) 150 percent of the poverty line applicable to the 
     borrower's family size as determined under section 673(2) of 
     the Community Services Block Grant Act (42 U.S.C. 9902(2)).
       ``(B) Exceptions.--
       ``(i) Reduction for certain borrowers.--For a borrower, and 
     the borrower's spouse (if applicable), whose adjusted gross 
     income exceeds 800 percent of the poverty line applicable to 
     the borrower's family size as determined under section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)), the percentage amount calculated under subparagraph 
     (A)(ii) shall decrease by 5 percent for each percentage point 
     that the borrower's adjusted gross income exceeds 800 percent 
     until the percentage amount calculated under subparagraph 
     (A)(ii) is zero.
       ``(ii) Unavailability to certain borrowers.--The plan 
     described in paragraph (1)(B) shall not be available to the 
     borrower of a Federal Direct PLUS Loan made on behalf of a 
     dependent student or a Federal Direct Consolidation Loan, if 
     proceeds of such loan were used to discharge the liability on 
     such Federal Direct PLUS Loan or a Federal PLUS Loan made 
     under part B on behalf of a dependent student.
       ``(C) Repayment period.--The amount of time a borrower is 
     permitted to repay such loans under paragraph (1)(B) may 
     exceed 10 years.
       ``(D) Loan forgiveness.--
       ``(i) In general.--The Secretary shall repay or cancel any 
     outstanding balance of principal and interest due on any loan 
     repaid under the repayment plan described under paragraph 
     (1)(B)--

       ``(I) for any undergraduate borrower who has made payments 
     under such plan for 20 years; or
       ``(II) for any graduate borrower who has made payments 
     under such plan for 25 years.

       ``(ii) Limitation.--Any period of time in which a borrower 
     is in delinquency or default shall not count toward the 
     repayment or cancellation described in clause (i).
       ``(3) Monthly payments.--The Secretary shall determine the 
     borrower's monthly payment obligation to satisfy the payment 
     amount determined in accordance with subparagraphs (A) or (B) 
     of paragraph (1).
       ``(4) Borrower choice.--A borrower who is repaying a loan 
     under paragraph (1)(B) may elect, at any time, to terminate 
     repayment pursuant to the income determined repayment plan 
     and repay such loan under the standard repayment plan under 
     paragraph (1)(A).''.
       (b) Public Service Loan Forgiveness Rules for Income-
     determined Repayment Plans.--Section 455(m) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(m)) is amended--
       (1) in paragraph (1)(A)--
       (A) in clause (iii), by striking ``or'' after the 
     semicolon;
       (B) in clause (iv), by striking ``; and'' and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(v) payments under an income determined repayment plan or 
     a standard repayment plan under subsection (r), except as 
     provided in paragraph (3); and'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (3) by inserting after paragraph (2) the following:
       ``(3) Exception.--
       ``(A) In general.--To be eligible for loan cancellation 
     under this subsection, a borrower who elects an income 
     determined repayment plan under subsection (r) shall remain 
     in such plan for the duration of repayment until such loan is 
     cancelled.
       ``(B) Required notification and acknowledgment.--
       ``(i) Notification.--If a borrower who has elected an 
     income determined repayment plan under subsection (r) 
     subsequently indicates that the borrower wishes to change 
     repayment plans, the Secretary shall notify the borrower that 
     changing repayment plans will cause any monthly payments made 
     prior to such change to not qualify toward the 120 monthly 
     payments required for loan cancellation under this 
     subsection.
       ``(ii) Acknowledgment.--The Secretary shall require 
     acknowledgment of receipt of the notification under clause 
     (i) from any borrower who has elected an income determined 
     repayment plan under subsection (r) and subsequently 
     indicates that the borrower wishes to change repayment 
     plans.''.
       (c) Certification.--
       (1) In general.--Notwithstanding any other provision of 
     law, a borrower of a loan made, insured, or guaranteed under 
     part B or D of title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1071 et seq.; 1087a et seq.) wishing to enter into 
     an income determined repayment plan, as defined in section 
     455(r) of the Higher Education Act of 1965 (20 U.S.C. 
     1087e(r)) may self-certify that the borrower is unemployed 
     for the purposes of determining a zero payment.
       (2) Termination.--This subsection shall have no effect 
     after December 31, 2020.
       (3) Audit.--
       (A) In general.--Not later than December 31, 2021, the 
     Secretary of Education shall select a portion of borrowers 
     who self certify under paragraph (1) in order to determine 
     the validity of those self-certifications.
       (B) Notice.--The Secretary of Education shall inform each 
     borrower who selects to self certify under paragraph (1) that 
     the Secretary may audit the borrower's self-certification.
       (4) Exemption.--Notwithstanding any other provisions of 
     law, the provisions of this section shall not be subject to 
     negotiated rulemaking as defined in section 492 of the Higher 
     Education Act of 1965 (20 U.S.C. 1098a).

     SEC. __. MAKING IT EASIER TO APPLY FOR FEDERAL AID AND MAKING 
                   THAT AID PREDICTABLE.

       (a) Need Analysis.--
       (1) In general.--Section 471 of the Higher Education Act of 
     1965 (20 U.S.C. 1087kk) is amended to read as follows:

     ``SEC. 471. AMOUNT OF NEED.

       ``(a) In General.--Except as otherwise provided therein, 
     beginning with award year 2022-2023, the amount of need of 
     any student for financial assistance under this title (except 
     subpart 1 or 2 of part A) is equal to--
       ``(1) the cost of attendance of such student, minus
       ``(2) the student aid index (as defined in section 473) for 
     such student, minus
       ``(3) other financial assistance not received under this 
     title (as defined in section 480(j)).
       ``(b) Effective Date of Changes.--The amendments made to 
     this title under the Student Loan Repayment and FAFSA 
     Simplification Act shall take effect beginning with award 
     year 2022-2023. The amounts provided under such amendments 
     for award year 2020-2021 shall be used solely as a base to 
     determine adjustments for subsequent award years.''.
       (2) Maximum aid under part d.--Section 451 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087a) is amended by adding 
     at the end the following:
       ``(c) Maximum Aid.--The maximum dollar amount of financial 
     assistance provided under this part to a student shall not 
     exceed the cost of attendance for such student.''.
       (3) Guidance to states.--The Secretary of Education shall 
     issue guidance for States on interpretation and 
     implementation of the terminology and formula adjustments 
     made under the amendments made by this Act, including the 
     student aid index, formerly known as the expected family 
     contribution, and the need analysis formulas.
       (b) Cost of Attendance and Student Aid Index.--Sections 472 
     and 473 of the Higher Education Act of 1965 (20 U.S.C. 1087ll 
     and 1087mm) are amended to read as follows:

     ``SEC. 472. COST OF ATTENDANCE.

       ``(a) In General.--For the purpose of this title, the term 
     `cost of attendance' means--
       ``(1) tuition and fees normally assessed a student carrying 
     the same academic workload as determined by the institution, 
     and

[[Page S4810]]

     including costs for rental or purchase of any equipment, 
     materials, or supplies required of all students in the same 
     course of study;
       ``(2) an allowance for books, supplies, and transportation, 
     including a reasonable allowance for the documented rental or 
     purchase of suggested electronic equipment, as determined by 
     the institution;
       ``(3) an allowance for miscellaneous personal expenses, for 
     a student attending the institution on at least a half-time 
     basis, as determined by the institution;
       ``(4) an allowance for living expenses, including food and 
     housing costs, to be incurred by the student attending the 
     institution on at least a half-time basis, as determined by 
     the institution, which includes--
       ``(A) for students electing institutionally owned or 
     operated food services, such as board or meal plans, shall be 
     a standard allowance for such services that provides the 
     equivalent of three meals each day;
       ``(B) for students not electing institutionally owned or 
     operated food services, such as board or meal plans, shall be 
     a standard allowance for purchasing food off campus that 
     provides the equivalent of three meals each day, which shall 
     not exceed the standard allowance provided in paragraph (A);
       ``(C) for students without dependents residing in 
     institutionally owned or operated housing, shall be a 
     standard allowance determined by the institution based on 
     average or median amount assessed to such residents for 
     housing charges, whichever is greater;
       ``(D) for students with dependents residing in 
     institutionally owned or operated housing, shall be a 
     standard allowance determined by the institution based on the 
     average or median amount assessed to such residents for 
     housing charges, whichever is greater;
       ``(E) for students living off campus, and not in 
     institutionally owned or operated housing, shall be a 
     standard allowance for rent or other housing costs, which, if 
     applicable, shall not exceed the standard allowance provided 
     in paragraph (C) or (D) with respect to whether the student 
     has dependents;
       ``(F) for dependent students residing at home with parents 
     shall be a standard allowance determined by the institution;
       ``(G) for students who live in housing located on a 
     military base or for which a basic allowance is provided 
     under section 403(b) of title 37, United States Code, shall 
     be a standard allowance for food based upon a student's 
     choice of purchasing food on-campus or off-campus (determined 
     respectively in accordance with subparagraph (A) or (B)), but 
     not for housing costs; and
       ``(H) for all other students shall be an allowance based on 
     the expenses reasonably incurred by such students for housing 
     and food;
       ``(5) for a student engaged in a program of study by 
     correspondence, only tuition and fees and, if required, books 
     and supplies, travel, and housing and food costs incurred 
     specifically in fulfilling a required period of residential 
     training;
       ``(6) for incarcerated students, only tuition, fees, books, 
     supplies, and the cost of obtaining a license, certification, 
     or a first professional credential in accordance with 
     paragraph (13);
       ``(7) for a student enrolled in an academic program in a 
     program of study abroad approved for credit by the student's 
     home institution, reasonable costs associated with such study 
     (as determined by the institution at which such student is 
     enrolled);
       ``(8) for a student with one or more dependents, an 
     allowance based on the estimated actual expenses incurred for 
     such dependent care, based on the number and age of such 
     dependents, except that--
       ``(A) such allowance shall not exceed the reasonable cost 
     in the community in which such student resides for the kind 
     of care provided; and
       ``(B) the period for which dependent care is required 
     includes, but is not limited to, class-time, study-time, 
     field work, internships, and commuting time;
       ``(9) for a student with a disability, an allowance (as 
     determined by the institution) for those expenses related to 
     the student's disability, including special services, 
     personal assistance, transportation, equipment, and supplies 
     that are reasonably incurred and not provided for by other 
     assisting agencies;
       ``(10) for a student receiving all or part of the student's 
     instruction by means of telecommunications technology, no 
     distinction shall be made with respect to the mode of 
     instruction in determining costs;
       ``(11) for a student engaged in a work experience under a 
     cooperative education program, an allowance for reasonable 
     costs associated with such employment (as determined by the 
     institution);
       ``(12) for a student who receives a Federal student loan 
     made under this title or any other Federal law, to cover a 
     student's cost of attendance at the institution, an allowance 
     for the actual cost of any loan fee, origination fee, or 
     insurance premium charged to such student or such parent on 
     such loan; and
       ``(13) for a student in a program requiring professional 
     licensure, certification, or a first professional credential 
     the cost of obtaining the license, certification, or a first 
     professional credential.
       ``(b) Special Rule for Living Expenses for Less-than-half-
     time Students.--An institution of higher education may 
     include an allowance for living expenses, including food and 
     housing costs in accordance with subsection (a)(4) for up to 
     three semesters, or the equivalent, with no more than two 
     semesters being consecutive.
       ``(c) Disclosure of Cost of Attendance Elements.--Each 
     institution shall make publicly available on the 
     institution's website a list of all the elements of cost of 
     attendance described in subsection (a), including, for a 
     student with one or more dependents, an allowance based on 
     the estimated actual expenses incurred for dependent care, as 
     described in subsection (a)(8).

     ``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.

       ``(a) In General.--For the purpose of this title, other 
     than subpart 1 or 2 of part A, the term `student aid index' 
     means, with respect to a student, an index that reflects an 
     evaluation of a student's approximate financial resources to 
     contribute toward the student's postsecondary education for 
     the academic year, as determined in accordance with this 
     part.
       ``(b) Special Rule for Students Eligible for the Total 
     Maximum Pell Grant.--The Secretary shall consider an 
     applicant to automatically have a student aid index equal to 
     zero if the applicant is eligible for the total maximum 
     Federal Pell Grant under subpart 1 of part A, except that, if 
     the applicant has a calculated student aid index of less than 
     zero the Secretary shall consider the negative number as the 
     student aid index for the applicant.
       ``(c) Special Rule for Nonfilers.--For an applicant (or, as 
     applicable, an applicant and spouse, or an applicant's 
     parents) who is not required to file a Federal tax return for 
     the second preceding tax year, the Secretary shall for the 
     purposes of this title consider the student aid index as 
     equal to -$1,500 for the applicant.
       ``(d) Special Rule for Recipients of Means-Tested 
     Benefits.--For an applicant (including the student, the 
     student's parent, or the student's spouse, as applicable) who 
     at any time during the previous 24-month period, received a 
     benefit under a means-tested Federal benefit program, the 
     Secretary shall consider an applicant to automatically have a 
     student aid index equal to zero, except if the applicant has 
     a calculated student aid index of less than zero the 
     Secretary shall consider the negative number as the student 
     aid index for the applicant.
       ``(e) Means-Tested Federal Benefit Program.--In this 
     section, the term `means-tested Federal benefit program' 
     means any of the following:
       ``(1) The supplemental security income program under title 
     XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
       ``(2) The supplemental nutrition assistance program under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       ``(3) The program of block grants for States for temporary 
     assistance for needy families established under part A of 
     title IV of the Social Security Act (42 U.S.C. 601 et seq.).
       ``(4) The special supplemental nutrition program for women, 
     infants, and children established by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786).
       ``(5) The Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       ``(6) Federal housing assistance programs, including 
     tenant-based assistance under section 8(o) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)), and public 
     housing, as defined in section 3(b)(1) of such Act (42 U.S.C. 
     1437a(b)(1)).
       ``(7) Other means-tested programs determined by the 
     Secretary to be approximately consistent with the income 
     eligibility requirements of the means-tested programs under 
     paragraphs (1) through (6).
       ``(f) Special Rule for Nonfilers Who Are Also Recipients of 
     Means-tested Benefits.--For an applicant (or, as applicable, 
     and applicant and spouse, or an applicant's parents) who is 
     not required to file a Federal tax return for the second 
     preceding tax year and who at any time during the previous 
     24-month period received a benefit under a means-tested 
     Federal benefit program, the Secretary shall, for the 
     purposes of this title, consider the student aid index as 
     equal to -$1,500 for the applicant.''.
       (c) Determination of Student Aid Index.--Section 474 of the 
     Higher Education Act of 1965 (20 U.S.C. 1087nn) is amended to 
     read as follows:

     ``SEC. 474. DETERMINATION OF STUDENT AID INDEX.

       ``The student aid index--
       ``(1) for a dependent student shall be determined in 
     accordance with section 475;
       ``(2) for a single independent student or a married 
     independent student without dependents (other than a spouse) 
     shall be determined in accordance with section 476; and
       ``(3) for an independent student with dependents other than 
     a spouse shall be determined in accordance with section 
     477.''.
       (d) Student Aid Index for Dependent Students.--Section 475 
     of the Higher Education Act of 1965 (20 U.S.C. 1087oo) is 
     amended to read as follows:

     ``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.

       ``(a) Computation of Student Aid Index.--
       ``(1) In general.--For each dependent student, the student 
     aid index is equal to (except as provided in paragraph (2)) 
     the sum of--
       ``(A) the assessment of the parents' adjusted available 
     income (determined in accordance with subsection (b));
       ``(B) the assessment of the student's available income 
     (determined in accordance with subsection (g)); and

[[Page S4811]]

       ``(C) the student's available assets (determined in 
     accordance with subsection (h)).
       ``(2) Exception.--If the sum determined under paragraphs 
     (1), with respect to a dependent student, is less than 
     -$1,500, the student aid index for the dependent student 
     shall be -$1,500.
       ``(b) Assessment of Parents' Adjusted Available Income.--
     The assessment of parents' adjusted available income is equal 
     to the amount determined by--
       ``(1) computing adjusted available income by adding--
       ``(A) the parents' available income (determined in 
     accordance with subsection (c)); and
       ``(B) the parents' available assets (determined in 
     accordance with subsection (d));
       ``(2) assessing such adjusted available income in 
     accordance with the assessment schedule set forth in 
     subsection (e); and
       ``(3) considering such assessment resulting under paragraph 
     (2) as the amount determined under this subsection.
       ``(c) Parents' Available Income.--
       ``(1) In general.--The parents' available income is 
     determined by subtracting from total income (as defined in 
     section 480)--
       ``(A) Federal income taxes;
       ``(B) an allowance for payroll taxes, determined in 
     accordance with paragraph (2);
       ``(C) an income protection allowance, determined in 
     accordance with paragraph (3); and
       ``(D) an employment expense allowance, determined in 
     accordance with paragraph (4).
       ``(2) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the parents, multiplied by 
     the rate of tax under section 3101(b) of the Internal Revenue 
     Code of 1986; and
       ``(B) the amount earned by the parents that does not exceed 
     such contribution and benefit base (twice such contribution 
     and benefit base, in the case of a joint return) for the year 
     of the earnings, multiplied by the rate of tax applicable to 
     such earnings under section 3101(a) of the Internal Revenue 
     Code of 1986.
       ``(3) Income protection allowance.--The income protection 
     allowance for award year 2021-2022 and each succeeding award 
     year shall equal the amount determined in the following 
     table, as adjusted by the Secretary pursuant to section 
     478(b):

  ``Income Protection Allowance 2021-2022 (to be adjusted for 2022-2023
                          and succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
2..........................................................      $19,080
3..........................................................      $23,760
4..........................................................      $29,340
5..........................................................      $34,620
6..........................................................      $40,490
For each additional add....................................      $4,750.
------------------------------------------------------------------------

       ``(4) Employment expense allowance.--The employment expense 
     allowance is equal to the lesser of $4,000 or 35 percent of 
     the single parent's earned income or married parents' 
     combined earned income (or is equal to a successor amount as 
     adjusted by the Secretary pursuant to section 478(g)).
       ``(d) Parents' Available Assets.--
       ``(1) In general.--
       ``(A) Determination.--Except as provided in subparagraph 
     (B), the parents' available assets are equal to--
       ``(i) the difference between the parents' net assets and 
     the education savings and asset protection allowance 
     (determined in accordance with paragraph (2)); multiplied by
       ``(ii) 12 percent.
       ``(B) Not less than zero.--Parents' available assets under 
     this subsection shall not be less than zero.
       ``(2) Education savings and asset protection allowance.--
     The education savings and asset protection allowance is 
     calculated according to the following table (or a successor 
     table prescribed by the Secretary under section 478(d)):

   ``Education Savings and Asset Protection Allowances for Parents of
                           Dependent Students
------------------------------------------------------------------------
                                                And there are
                                   -------------------------------------
  If the age of the oldest parent      two parents         one parent
               is--                -------------------------------------
                                         then the
                                      allowance is--
------------------------------------------------------------------------
25 or less........................                 $0                 $0
26................................               $300               $100
27................................               $700               $200
28................................             $1,000               $300
29................................             $1,300               $500
30................................             $1,600               $600
31................................             $2,000               $700
32................................             $2,300               $800
33................................             $2,600               $900
34................................             $2,900             $1,000
35................................             $3,300             $1,100
36................................             $3,600             $1,200
37................................             $3,900             $1,300
38................................             $4,200             $1,500
39................................             $4,600             $1,600
40................................             $4,900             $1,700
41................................             $5,100             $1,700
42................................             $5,200             $1,700
43................................             $5,300             $1,800
44................................             $5,400             $1,800
45................................             $5,500             $1,900
46................................             $5,700             $1,900
47................................             $5,800             $1,900
48................................             $6,000             $2,000
49................................             $6,100             $2,000
50................................             $6,300             $2,100
51................................             $6,400             $2,100
52................................             $6,600             $2,200
53................................             $6,800             $2,200
54................................             $6,900             $2,300
55................................             $7,100             $2,300
56................................             $7,300             $2,400
57................................             $7,500             $2,500
58................................             $7,700             $2,500
59................................             $7,900             $2,600
60................................             $8,200             $2,700
61................................             $8,400             $2,700
62................................             $8,600             $2,800
63................................             $8,900             $2,900
64................................             $9,200             $2,900
65 or more........................             $9,400            $3,000.
------------------------------------------------------------------------

       ``(e) Assessment Schedule.--The assessment of the parents' 
     adjusted available income (as determined under subsection 
     (b)(1) and hereafter in this subsection referred to as `AAI') 
     is calculated according to the following table (or a 
     successor table prescribed by the Secretary under section 
     478(e)):

                    ``Parents' Contribution From AAI
------------------------------------------------------------------------
                                          Then the parents' contribution
        If the parents' AAI is--                  from AAI is--
------------------------------------------------------------------------
Less than -$6,820......................  -$1,500
-$6,820 to $17,000.....................  22% of AAI
$17,001 to $21,400.....................  $3,740 + 25% of AAI over
                                          $17,000
$21,401 to $25,700.....................  $4,840 + 29% of AAI over
                                          $21,400
$25,701 to $30,100.....................  $6,087 + 34% of AAI over
                                          $25,700
$30,101 to $34,500.....................  $7,583 + 40% of AAI over
                                          $30,100
$34,501 or more........................  $9,343 + 47% of AAI over
                                          $34,500.
------------------------------------------------------------------------

       ``(f) Consideration of Parental Income.--
       ``(1) Parents who live together.--Parental income and 
     assets in the case of student whose parents are married and 
     not separated, or who are unmarried but live together, shall 
     include the income and assets of both parents.
       ``(2) Divorced or separated parents.--Parental income and 
     assets for a student whose parents are divorced or separated, 
     but not remarried, is determined by including only the income 
     and assets of the parent who provides the greater portion of 
     the student's financial support.
       ``(3) Death of a parent.--Parental income and assets in the 
     case of the death of any parent is determined as follows:
       ``(A) If either of the parents has died, the surviving 
     parent shall be considered a single parent, until that parent 
     has remarried.
       ``(B) If both parents have died, the student shall not 
     report any parental income or assets.
       ``(4) Remarried parents.--If a parent whose income and 
     assets are taken into account under paragraph (2), or if a 
     parent who is a widow or widower and whose income is taken 
     into account under paragraph (3), has remarried, the income 
     of that parent's spouse shall be included in determining the 
     parent's assessment of adjusted available income if the 
     student's parent and the stepparent are married as of the 
     date of application for the award year concerned.
       ``(5) Single parent who is not divorced or separated.--
     Parental income and assets in the case of a student whose 
     parent is a single parent but who is not divorced, separated, 
     or remarried, shall include the income and assets of such 
     single parent.
       ``(g) Student's Available Income.--
       ``(1) In general.--The student's available income is equal 
     to--
       ``(A) the difference between the student's total income 
     (determined in accordance with section 480) and the 
     adjustment to student income (determined in accordance with 
     paragraph (2)); multiplied by
       ``(B) 50 percent.

[[Page S4812]]

       ``(2) Adjustment to student income.--The adjustment to 
     student income is equal to the sum of--
       ``(A) Federal income taxes;
       ``(B) an allowance for payroll taxes determined in 
     accordance with paragraph (3);
       ``(C) an income protection allowance that is equal to--
       ``(i) $9,110 for award year 2021-2022; and
       ``(ii) for each succeeding award year, the amount adjusted 
     pursuant to section 478(b); and
       ``(D) an allowance for parents' negative available income, 
     determined in accordance with paragraph (4).
       ``(3) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the student, multiplied by 
     the rate of tax under section 3101(b) of the Internal Revenue 
     Code of 1986; and
       ``(B) the amount earned by the student that does not exceed 
     such contribution and benefit base for the year of the 
     earnings, multiplied by the rate of tax applicable to such 
     earnings under section 3101(a) of the Internal Revenue Code 
     of 1986.
       ``(4) Allowance for parents' negative available income.--
     The allowance for parents' negative available income is the 
     amount, if any, by which the sum of the amounts deducted 
     under subsection (c)(1) exceeds the sum of the parents' total 
     income (as defined in section 480) and the parents' available 
     assets (as determined in accordance with subsection (d)).
       ``(h) Student's Assets.--The student's assets are 
     determined by calculating the net assets of the student and 
     multiplying such amount by 20 percent, except that the result 
     shall not be less than zero.''.
       (e) Student Aid Index for Independent Students Without 
     Dependents Other Than a Spouse.--Section 476 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087pp) is amended to read 
     as follows:

     ``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS 
                   WITHOUT DEPENDENTS OTHER THAN A SPOUSE.

       ``(a) Computation of Student Aid Index.--
       ``(1) In general.--For each independent student without 
     dependents other than a spouse, the student aid index is 
     equal to (except as provided in paragraph (2)) the sum of--
       ``(A) the family's available income (determined in 
     accordance with subsection (b)); and
       ``(B) the family's available assets (determined in 
     accordance with subsection (c)).
       ``(2) Exception.--If the sum of paragraphs (1) with respect 
     to a independent student without dependents other than a 
     spouse is less than -$1,500, the student aid index for the 
     independent student shall be -$1,500.
       ``(b) Family's Available Income.--
       ``(1) In general.--The family's available income is 
     determined by--
       ``(A) deducting from total income (as defined in section 
     480)--
       ``(i) Federal income taxes;
       ``(ii) an allowance for payroll taxes, determined in 
     accordance with paragraph (2);
       ``(iii) an income protection allowance that is equal to--

       ``(I) in the case of a single independent student without 
     dependents--

       ``(aa) $14,190 for award year 2021-2022; and
       ``(bb) for each succeeding award year, the amount adjusted 
     pursuant to section 478(b); and

       ``(II) in the case of a married independent student without 
     dependents--

       ``(aa) $22,750 for award year 2021-2022; and
       ``(bb) for each succeeding award year, the amount adjusted 
     pursuant to section 478(b); and
       ``(iv) in the case of a married independent student, an 
     employment expense allowance, as determined in accordance 
     with paragraph (3); and
       ``(B) multiplying the amount determined under subparagraph 
     (A) by 50 percent.
       ``(2) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the student (and spouse, 
     if appropriate), multiplied by the rate of tax under section 
     3101(b) of the Internal Revenue Code of 1986; and
       ``(B) the amount earned by the student (and spouse, if 
     appropriate) that does not exceed such contribution and 
     benefit base (twice such contribution and benefit base, in 
     the case of a joint return) for the year of the earnings, 
     multiplied by the rate of tax applicable to such earnings 
     under section 3101(a) of the Internal Revenue Code of 1986.
       ``(3) Employment expenses allowance.--The employment 
     expense allowance is equal to the following:
       ``(A) If the student is married, such allowance is equal to 
     the lesser of $4,000 or 35 percent of the couple's combined 
     earned income (or is equal to a successor amount as adjusted 
     by the Secretary pursuant to section 478(g)).
       ``(B) If the student is not married, the employment expense 
     allowance is zero.
       ``(c) Family's Available Assets.--
       ``(1) In general.--
       ``(A) Determination.--Except as provided in subparagraph 
     (B), the family's available assets are equal to--
       ``(i) the difference between the family's assets (as 
     defined in section 480(f)) and the asset protection allowance 
     (determined in accordance with paragraph (2)); multiplied by
       ``(ii) 20 percent.
       ``(B) Not less than zero.--The family's available assets 
     under this subsection shall not be less than zero.
       ``(2) Asset protection allowance.--The asset protection 
     allowance is calculated according to the following table (or 
     a successor table prescribed by the Secretary under section 
     478(d)):

         ``Asset Protection Allowances for Families and Students
------------------------------------------------------------------------
                                             And the student is
                                   -------------------------------------
                                         married             single
   If the age of the student is--  -------------------------------------
                                         then the
                                      allowance is--
------------------------------------------------------------------------
25 or less........................                 $0                 $0
26................................               $300               $100
27................................               $700               $200
28................................             $1,000               $300
29................................             $1,300               $500
30................................             $1,600               $600
31................................             $2,000               $700
32................................             $2,300               $800
33................................             $2,600               $900
34................................             $2,900             $1,000
35................................             $3,300             $1,100
36................................             $3,600             $1,200
37................................             $3,900             $1,400
38................................             $4,200             $1,500
39................................             $4,600             $1,600
40................................             $4,900             $1,700
41................................             $5,100             $1,700
42................................             $5,200             $1,700
43................................             $5,300             $1,800
44................................             $5,400             $1,800
45................................             $5,500             $1,900
46................................             $5,700             $1,900
47................................             $5,800             $1,900
48................................             $6,000             $2,000
49................................             $6,100             $2,000
50................................             $6,300             $2,100
51................................             $6,400             $2,100
52................................             $6,600             $2,200
53................................             $6,800             $2,200
54................................             $6,900             $2,300
55................................             $7,100             $2,300
56................................             $7,300             $2,400
57................................             $7,500             $2,500
58................................             $7,700             $2,500
59................................             $7,900             $2,600
60................................             $8,200             $2,700
61................................             $8,400             $2,700
62................................             $8,600             $2,800
63................................             $8,900             $2,900
64................................             $9,200             $2,900
65 or more........................             $9,400            $3,000.
------------------------------------------------------------------------

       ``(d) Computations in Case of Separation, Divorce, or 
     Death.--In the case of a student who is divorced or 
     separated, or whose spouse has died, the spouse's income and 
     assets shall not be considered in determining the family's 
     available income or assets.''.
       (f) Student Aid Index for Independent Students With 
     Dependents Other Than a Spouse.--Section 477 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087qq) is amended to read 
     as follows:

     ``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH 
                   DEPENDENTS OTHER THAN A SPOUSE.

       ``(a) Computation of Student Aid Index.--For each 
     independent student with dependents other than a spouse, the 
     student aid index is equal to the amount determined by--
       ``(1) computing adjusted available income by adding--
       ``(A) the family's available income (determined in 
     accordance with subsection (b)); and
       ``(B) the family's available assets (determined in 
     accordance with subsection (c));
       ``(2) assessing such adjusted available income in 
     accordance with an assessment schedule set forth in 
     subsection (d); and
       ``(3) considering such assessment resulting under paragraph 
     (2) as the amount determined under this subsection.
       ``(b) Family's Available Income.--
       ``(1) In general.--The family's available income is 
     determined by deducting from total income (as defined in 
     section 480)--
       ``(A) Federal income taxes;
       ``(B) an allowance for payroll taxes, determined in 
     accordance with paragraph (2);
       ``(C) an income protection allowance, determined in 
     accordance with paragraph (3); and
       ``(D) an employment expense allowance, determined in 
     accordance with paragraph (4).
       ``(2) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the student (and spouse, 
     if appropriate), multiplied by the rate of tax under section 
     3101(b) of the Internal Revenue Code of 1986; and
       ``(B) the amount earned by the student (and spouse, if 
     appropriate) that does not exceed such contribution and 
     benefit base (twice such contribution and benefit base, in 
     the case of a joint return) for the year of the earnings, 
     multiplied by the rate of tax applicable to such earnings 
     under section 3101(a) of the Internal Revenue Code of 1986.
       ``(3) Income protection allowance.--The income protection 
     allowance for award year 2021-2022 and each succeeding award 
     year shall equal the amount determined in the

[[Page S4813]]

     following table, as adjusted by the Secretary pursuant to 
     section 478(b):
       ``(A) In the case of a married independent student with 
     dependents:

  ``Income Protection Allowance 2021-2022 (to be adjusted for 2022-2023
                          and succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
3..........................................................      $44,470
4..........................................................      $55,260
5..........................................................      $65,190
6..........................................................      $76,230
For each additional add....................................      $8,610.
------------------------------------------------------------------------

       ``(B) In the case of a single independent student with 
     dependents:

  ``Income Protection Allowance 2021-2022 (to be adjusted for 2022-2023
                          and succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
2..........................................................      $43,128
3..........................................................      $54,364
4..........................................................      $66,312
5..........................................................      $78,228
6..........................................................      $91,476
For each additional add....................................     $10,332.
------------------------------------------------------------------------

       ``(4) Employment expense allowance.--The employment expense 
     allowance is equal to the lesser of $4,000 or 35 percent of 
     the student's earned income or the combined earned income of 
     the student and the student's spouse (or is equal to a 
     successor amount as adjusted by the Secretary under section 
     478(g)).
       ``(c) Family's Available Assets.--
       ``(1) In general.--
       ``(A) Determination.--Except as provided in subparagraph 
     (B), the family's available assets are equal to--
       ``(i) the difference between the family's assets (as 
     defined in 480(f)) and the asset protection allowance 
     (determined in accordance with paragraph (2)); multiplied by
       ``(ii) 7 percent.
       ``(B) Not less than zero.--Family's available assets under 
     this subsection shall not be less than zero.
       ``(2) Asset protection allowance.--The asset protection 
     allowance is calculated according to the following table (or 
     a successor table prescribed by the Secretary under section 
     478(d)):

         ``Asset Protection Allowances for Families and Students
------------------------------------------------------------------------
                                             And the student is
                                   -------------------------------------
                                         married             single
   If the age of the student is--  -------------------------------------
                                         then the
                                      allowance is--
------------------------------------------------------------------------
25 or less........................                 $0                 $0
26................................               $300               $100
27................................               $700               $200
28................................             $1,000               $300
29................................             $1,300               $500
30................................             $1,600               $600
31................................             $2,000               $700
32................................             $2,300               $800
33................................             $2,600               $900
34................................             $2,900             $1,000
35................................             $3,300             $1,100
36................................             $3,600             $1,200
37................................             $3,900             $1,400
38................................             $4,200             $1,500
39................................             $4,600             $1,600
40................................             $4,900             $1,700
41................................             $5,100             $1,700
42................................             $5,200             $1,700
43................................             $5,300             $1,800
44................................             $5,400             $1,800
45................................             $5,500             $1,900
46................................             $5,700             $1,900
47................................             $5,800             $1,900
48................................             $6,000             $2,000
49................................             $6,100             $2,000
50................................             $6,300             $2,100
51................................             $6,400             $2,100
52................................             $6,600             $2,200
53................................             $6,800             $2,200
54................................             $6,900             $2,300
55................................             $7,100             $2,300
56................................             $7,300             $2,400
57................................             $7,500             $2,500
58................................             $7,700             $2,500
59................................             $7,900             $2,600
60................................             $8,200             $2,700
61................................             $8,400             $2,700
62................................             $8,600             $2,800
63................................             $8,900             $2,900
64................................             $9,200             $2,900
65 or more........................             $9,400            $3,000.
------------------------------------------------------------------------

       ``(d) Assessment Schedule.--The assessment of adjusted 
     available income (as determined under subsection (a)(1) and 
     hereafter in this subsection referred to as `AAI') is 
     calculated according to the following table (or a successor 
     table prescribed by the Secretary pursuant to section 
     478(e)):

               ``Assessment From Adjusted Available Income
------------------------------------------------------------------------
              If AAI is--                    Then the assessment is--
------------------------------------------------------------------------
Less than -$6,820......................  -$1,500
-$6,820 to $17,000.....................  22% of AAI
$17,001 to $21,400.....................  $3,740 + 25% of AAI over
                                          $17,000
$21,401 to $25,700.....................  $4,840 + 29% of AAI over
                                          $21,400
$25,701 to $30,100.....................  $6,087 + 34% of AAI over
                                          $25,700
$30,101 to $34,500.....................  $7,583 + 40% of AAI over
                                          $30,100
$34,501 or more........................  $9,343 + 47% of AAI over
                                          $34,500.
------------------------------------------------------------------------

       ``(e) Computations in Case of Separation, Divorce, or 
     Death.--In the case of a student who is divorced or 
     separated, or whose spouse has died, the spouse's income and 
     assets shall not be considered in determining the family's 
     available income or assets.''.
       (g) Regulations; Updated Tables.--Section 478 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087rr) is amended to read 
     as follows:

     ``SEC. 478. REGULATIONS; UPDATED TABLES.

       ``(a) Authority To Prescribe Regulations Restricted.--
     Notwithstanding any other provision of law, the Secretary 
     shall not have the authority to prescribe regulations to 
     carry out this part except--
       ``(1) to prescribe updated tables in accordance with 
     subsections (b) through (g); or
       ``(2) with respect to the definition of cost of attendance 
     under section 472, excluding section 472(a)(1).
       ``(b) Income Protection Allowance Adjustments.--For award 
     year 2022-2023 and each succeeding award year, the Secretary 
     shall publish in the Federal Register revised income 
     protection allowances for the purposes of subsections (c)(3) 
     and (g)(2)(C) of section 475, subclauses (I) and (II) of 
     section 476(b)(1)(A)(iii), and section 477(b)(3), by 
     increasing the income protection allowances in each of such 
     provisions, by a percentage equal to the percentage increase 
     in the Consumer Price Index, as defined in subsection (f), 
     between April 2019 and the April prior to the beginning of 
     the award year and rounding the result to the nearest $10.
       ``(c) Adjusted Net Worth of a Farm or Business.--
       ``(1) Table.--The table of the net worth of a business or 
     farm for purposes of making determinations of assets as 
     defined under section 480(f) for award year 2021-2022 is the 
     following:

                  ``Business/Farm Net Worth Adjustment
------------------------------------------------------------------------
 If the net worth of a business or farm  Then the adjusted net worth is--
                  is--
------------------------------------------------------------------------
Less than $1...........................  $0
$1 to $135,000.........................  40% of net worth of business/
                                          farm
$135,001 to $410,000...................  $54,000 + 50% of net worth over
                                          $135,000
$410,001 to $680,000...................  $191,500 + 60% of net worth
                                          over $410,000
$680,001 or more.......................  $353,500 + 100% of net worth
                                          over $680,000.
------------------------------------------------------------------------

       ``(2) Revised tables.--For award year 2022-2023 and each 
     succeeding award year, the Secretary shall publish in the 
     Federal Register a revised table of adjusted net worth of a 
     farm or business for purposes of section 480(f). Such revised 
     table shall be developed--
       ``(A) by increasing each dollar amount that refers to net 
     worth of a farm or business by a percentage equal to the 
     percentage increase in the Consumer Price Index between

[[Page S4814]]

     April 2019 and the April prior to the beginning of such award 
     year, and rounding the result to the nearest $5,000; and
       ``(B) by adjusting the dollar amounts in the column 
     referring the adjusted net worth to reflect the changes made 
     pursuant to subparagraph (A).
       ``(d) Education Savings and Asset Protection Allowance.--
     For award year 2022-2023 and each succeeding award year, the 
     Secretary shall publish in the Federal Register a revised 
     table of allowances for the purpose of sections 475(d)(2), 
     476(c)(2), and 477(c)(2). Such revised table shall be 
     developed by determining the present value cost, rounded to 
     the nearest $100, of an annuity that would provide, for each 
     age cohort of 40 and above, a supplemental income at age 65 
     (adjusted for inflation) equal to the difference between the 
     moderate family income (as most recently determined by the 
     Bureau of Labor Statistics), and the current average social 
     security retirement benefits. For each age cohort below 40, 
     the allowance shall be computed by decreasing the allowance 
     for age 40, as updated, by one-fifteenth for each year of age 
     below age 40 and rounding the result to the nearest $100. In 
     making such determinations--
       ``(1) inflation shall be presumed to be 6 percent per year;
       ``(2) the rate of return of an annuity shall be presumed to 
     be 8 percent; and
       ``(3) the sales commission on an annuity shall be presumed 
     to be 6 percent.
       ``(e) Assessment Schedules and Rates.--For award year 2022-
     2023 and each succeeding award year, the Secretary shall 
     publish in the Federal Register a revised table of 
     assessments from adjusted available income for the purpose of 
     sections 475(e) and 477(d). Such revised table shall be 
     developed--
       ``(1) by increasing each dollar amount that refers to 
     adjusted available income by a percentage equal to the 
     percentage increase in the Consumer Price Index between April 
     2019 and the April prior to the beginning of such academic 
     year, rounded to the nearest $100; and
       ``(2) by adjusting the other dollar amounts to reflect the 
     changes made pursuant to paragraph (1).
       ``(f) Consumer Price Index Defined.--In this section, the 
     term `Consumer Price Index' means the Consumer Price Index 
     for All Urban Consumers published by the Department of Labor. 
     Each annual update of tables to reflect changes in the 
     Consumer Price Index shall be corrected for misestimation of 
     actual changes in such Index in previous years.
       ``(g) Employment Expense Allowance.--For award year 2022-
     2023 and each succeeding award year, the Secretary shall 
     publish in the Federal Register a revised table of employment 
     expense allowances for the purpose of sections 475(c)(4), 
     476(b)(3), and 477(b)(4). Such revised table shall be 
     developed by increasing the dollar amount specified in 
     sections 475(c)(4), 476(b)(3), and 477(b)(4) to reflect the 
     inflationary adjustment that is used for the income 
     protection allowances in subsection (b).''.
       (h) Applicants Exempt From Asset Reporting.--Section 479 of 
     the Higher Education Act of 1965 (20 U.S.C. 1087ss) is 
     amended to read as follows:

     ``SEC. 479. APPLICANTS EXEMPT FROM ASSET REPORTING.

       ``(a) In General.--Notwithstanding any other provision of 
     law, this section shall be effective for each individual 
     seeking to apply for Federal financial aid under this title, 
     as part of the simplified application for Federal student 
     financial aid under section 483.
       ``(b) Applicants Exempt From Asset Reporting.--
       ``(1) In general.--Except as provided in paragraph (3), in 
     carrying out section 483, the Secretary shall not use asset 
     information from an eligible applicant or, as applicable, the 
     parent or spouse of an eligible applicant.
       ``(2) Eligible applicants.--In this subsection, the term 
     `eligible applicant' means an applicant who meets at least 
     one of the following criteria:
       ``(A) Is an applicant who qualifies for an automatic zero 
     student aid index or automatic negative student aid index 
     under subsection (b), (c), or (d) of section 473.
       ``(B) Is an applicant who is a dependent student and the 
     student's parents have a total adjusted gross income 
     (excluding any income of the dependent student) that is less 
     than $75,000 and do not file a Schedule A, B, D, E, F, or H 
     (or equivalent successor schedules), with the Federal income 
     tax return for the second preceding tax year, and--
       ``(i) do not file a Schedule C (or the equivalent successor 
     schedule) with the Federal income tax return for the second 
     preceding tax year; or
       ``(ii) file a Schedule C (or the equivalent successor 
     schedule) with net business income of not more than a $10,000 
     loss or gain with the Federal income tax return for the 
     second preceding tax year.
       ``(C) Is an applicant who is an independent student and the 
     student (and including the student's spouse, if any) has a 
     total adjusted gross income that is less than $75,000 and 
     does not file a Schedule A, B, C, D, E, F, or H (or 
     equivalent successor schedules), with the Federal income tax 
     return for the second preceding tax year, and--
       ``(i) does not file a Schedule C (or the equivalent 
     successor schedule) with the Federal income tax return for 
     the second preceding tax year; or
       ``(ii) files a Schedule C (or the equivalent successor 
     schedule) with net business income of not more than a $10,000 
     loss or gain with the Federal income tax return for the 
     second preceding tax year.
       ``(3) Special rule.--An eligible applicant shall not be 
     exempt from asset reporting under this section if the 
     applicant is a dependent student and the students' parents do 
     not--
       ``(A) reside in the United States or a United States 
     territory; or
       ``(B) file taxes in the United States or a United States 
     territory, except if such nonfiling is due to not being 
     required to file a Federal tax return for the applicable tax 
     year due to a low income.
       ``(4) Definitions.--In this section:
       ``(A) Schedule a.--The term Schedule A means a form or 
     information by a taxpayer to report itemized deductions.
       ``(B) Schedule b.--The term Schedule B means a form or 
     information filed by a taxpayer to report interest and 
     ordinary dividend income.
       ``(C) Schedule c.--The term Schedule C means a form or 
     information filed by a taxpayer to report income or loss from 
     a business operated or a profession practiced as a sole 
     proprietor.
       ``(D) Schedule d .--The term Schedule D means a form or 
     information filed by a taxpayer to report sales, exchanges or 
     some involuntary conversions of capital assets, certain 
     capital gain distributions, and nonbusiness bad debts.
       ``(E) Schedule e .--The term Schedule E means a form or 
     information filed by a taxpayer to report income from rental 
     properties, royalties, partnerships, S corporations, estates, 
     trusts, and residual interests in real estate mortgage 
     investment conduits.
       ``(F) Schedule f.--The term Schedule F means a form or 
     information filed by a taxpayer to report farm income and 
     expenses.
       ``(G) Schedule h.--The term Schedule H means a form or 
     information filed by a taxpayer to report household 
     employment taxes.''.
       (i) Discretion of Student Financial Aid Administrators.--
     Section 479A of the Higher Education Act of 1965 (20 U.S.C. 
     1087tt) is amended to read as follows:

     ``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID 
                   ADMINISTRATORS.

       ``(a) In General.--
       ``(1) Authority of financial aid administrators.--A 
     financial aid administrator shall have the authority to, on 
     the basis of adequate documentation, make adjustments to any 
     or all of the following on a case-by-case basis--
       ``(A) for an individual eligible applicant with special 
     circumstances under subsection (b) to--
       ``(i) the cost of attendance;
       ``(ii) the values of the data used to calculate the student 
     aid index; or
       ``(iii) the values of the data used to calculate the 
     Federal Pell Grant award; or
       ``(B) for an individual eligible applicant with unusual 
     circumstances, as defined in section 480(d)(9), under 
     subsection (c) to the dependency status.
       ``(2) Limitations on authority.--
       ``(A) Use of authority.--No institution of higher education 
     or financial aid administrator shall maintain a policy of 
     denying all requests for adjustments under this section.
       ``(B) No additional fee.--No student or parent shall be 
     charged a fee for a documented interview of the student by 
     the financial aid administrator or for the review of a 
     student or parent's request for adjustments under this 
     section including the review of any supplementary information 
     or documentation of a student or parent's special 
     circumstances or a student's unusual circumstances.
       ``(C) Rule of construction.--The authority to make 
     adjustments under paragraph (1)(A) shall not be construed to 
     permit financial aid administrators to deviate from the cost 
     of attendance, the values of data used to calculate the 
     student aid index or the values of data used to calculate the 
     Federal Pell Grant award (or both) for awarding aid under 
     this title in the absence of special circumstances.
       ``(3) Adequate documentation.--Adequate documentation for 
     adjustments under this section shall substantiate the special 
     circumstances or unusual circumstances of individual 
     students, and may include, to the extent relevant and 
     appropriate--
       ``(A) a documented interview between the student and the 
     financial aid administrator;
       ``(B) for the purposes of determining that a student 
     qualifies for an adjustment under paragraph (1)(B)--
       ``(i) submission of a court order or official Federal or 
     State documentation that the parents or legal guardians are 
     incarcerated in any Federal or State penal institution;
       ``(ii) a documented phone call or a written statement, 
     which confirms the specific unusual circumstances with--

       ``(I) a child welfare agency authorized by a State or 
     county;
       ``(II) a Tribal welfare authority;
       ``(III) an independent living case worker; or
       ``(IV) a public or private agency, facility, or program 
     servicing the victims of abuse, neglect, assault, or 
     violence;

       ``(iii) a documented phone call or a written statement from 
     an attorney, a guardian ad litem, or a court-appointed 
     special advocate, which confirms the specific unusual 
     circumstances and documents the person's relationship to the 
     student;
       ``(iv) a documented phone call or written statement from a 
     representative under chapter 1 or 2 of subpart 2 of part A, 
     which confirms the specific unusual circumstances and

[[Page S4815]]

     documents the person's relationship to the student; or
       ``(v) documents, such as utility bills or health insurance 
     documentation, that demonstrate a separation from parents or 
     legal guardians; and
       ``(vi) in the absence of documentation described in this 
     subparagraph, other documentation the financial aid 
     administrator determines is adequate to confirm the unusual 
     circumstances, as defined in section 480(d)(9); and
       ``(C) supplementary information, as necessary, about the 
     financial status or personal circumstances of eligible 
     applicants as it relates to the special circumstances or 
     unusual circumstances based on which the applicant is 
     requesting an adjustment.
       ``(4) Special rule.--In making adjustments under paragraph 
     (1), a financial aid administrator may offer a dependent 
     student financial assistance under a Federal Direct 
     Unsubsidized Stafford Loan without requiring the parents of 
     such student to provide their parent information on the Free 
     Application for Federal Student Aid if the student does not 
     qualify for, or does not choose to uses, the unusual 
     circumstance option specified in accordance with section 
     480(d)(9), and the financial aid administrator determines 
     that the parents of such student ended financial support of 
     such student and refuse to file such form.
       ``(5) Public disclosure.--Each institution of higher 
     education shall make publicly available information that 
     students applying for aid under this title have the 
     opportunity to pursue adjustments under this section.
       ``(b) Adjustments for Students With Special 
     Circumstances.--
       ``(1) Special circumstances for adjustments related to pell 
     grants.--Special circumstances for adjustments to calculate a 
     Federal Pell Grant award--
       ``(A) shall be conditions that differentiate an individual 
     student from a group of students rather than conditions that 
     exist across a group of students; and
       ``(B) may include--
       ``(i) recent unemployment of a family member or an 
     independent student;
       ``(ii) a student or family member who is a dislocated 
     worker (as defined in section 3 of the Workforce Innovation 
     and Opportunity Act);
       ``(iii) a change in housing status that results in an 
     individual being a homeless child or youth (as defined in 
     section 725 of the McKinney-Vento Homeless Assistance Act);
       ``(iv) an unusual amount of claimed losses against income 
     on the Federal tax return that substantially lower adjusted 
     gross income, such as business, investment, or real estate 
     losses;
       ``(v) receipt of substantial foreign income of permanent 
     residents or United States citizens exempt from federal 
     taxation, or the foreign income for which a permanent 
     resident or citizen received a foreign tax credit; or
       ``(vi) other changes or adjustments in the income, assets, 
     or size of a family, or a student's dependency status.
       ``(2) Special circumstances for adjustments related to cost 
     of attendance and student aid index.--Special circumstances 
     for adjustments to the cost of attendance or the values of 
     the data used to calculate the student aid index--
       ``(A) shall be conditions that differentiate an individual 
     student from a group of students rather than conditions that 
     exist across a group of students; and
       ``(B) may include--
       ``(i) tuition expenses at an elementary school or secondary 
     school;
       ``(ii) medical, dental, or nursing home expenses not 
     covered by insurance;
       ``(iii) unusually high child care or dependent care costs 
     not covered by the dependent care cost allowance calculated 
     in accordance with section 472;
       ``(iv) recent unemployment of a family member or an 
     independent student;
       ``(v) a student or family member who is a dislocated worker 
     (as defined in section 3 of the Workforce Innovation and 
     Opportunity Act);
       ``(vi) the number of family members enrolled in a degree, 
     certificate, or other program leading to a recognized 
     educational credential at an institution with a program 
     participation agreement under section 487;
       ``(vii) a change in housing status that results in an 
     individual being a homeless child or youth (as defined in 
     section 725 of the McKinney-Vento Homeless Assistance Act);
       ``(viii) in the case of a dependent student, a recent 
     condition of severe disability of the student, the dependent 
     student's parent or guardian, or an independent student's 
     dependent or spouse;
       ``(ix) unusual amount of claimed losses against income on 
     the Federal tax return that substantially lower adjusted 
     gross income, such as business, investment, or real estate 
     losses;
       ``(x) receipt of substantial foreign income of permanent 
     residents or United States citizens exempt from Federal 
     taxation, or the foreign income for which a permanent 
     resident or citizen receives a foreign tax credit; or
       ``(C) other changes or adjustments in the income, assets, 
     or size of a family, or a student's dependency status.
       ``(3) Special rule.--The Secretary shall not consider 
     conditions that are widespread to a group of students due to 
     a major disaster or an emergency declared by the President 
     under section 401 or 501, respectively, of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170 and 5191) as special circumstances for adjustment 
     for purposes of paragraphs (1)(A) and (2)(A) for a time 
     period determined by such Secretary.
       ``(c) Unusual Circumstances Adjustments.--
       ``(1) In general.--Unusual circumstances for adjustments to 
     the dependency status of an individual eligible applicant 
     shall be--
       ``(A) conditions that differentiate an individual student 
     from a group of students; and
       ``(B) based on unusual circumstances, as defined by section 
     480(d)(9).
       ``(2) Provisional independent students.--
       ``(A) Requirements for the secretary.--The Secretary 
     shall--
       ``(i) enable each student who, based on an unusual 
     circumstance specified in section 480(d)(9), may qualify for 
     an adjustment under subsection (a)(1)(B) that will result in 
     a determination of independence under this section and 
     section 479D to complete the Free Application for Federal 
     Student Aid as an independent student for the purpose of a 
     provisional determination of the student's Federal financial 
     aid award, but subject to the authority under subsection 
     (a)(3), for the purpose of the final determination of the 
     award;
       ``(ii) upon completion of the Free Application for Federal 
     Student Aid provide an estimate of the student's Federal Pell 
     Grant award, and other information as specified in section 
     483(a)(3)(A), based on the assumption that the student is 
     determined to be an independent student; and
       ``(iii) specify, on the Free Application for Federal 
     Student Aid, the consequences under section 490(a) of 
     knowingly and willfully completing the Free Application for 
     Federal Student Aid as an independent student under clause 
     (i) without meeting the unusual circumstances to qualify for 
     such a determination.
       ``(B) Requirements for financial aid administrators.--With 
     respect to a student accepted for admission who completes the 
     Free Application for Federal Student Aid as an independent 
     student under subparagraph (A), a financial aid administrator 
     shall--
       ``(i) notify the student of the institutional process, 
     requirements, and timeline for an adjustment under this 
     section and section 480(d)(9) that will result in a review of 
     the student's request for an adjustment and a determination 
     of the student's dependency status under such sections within 
     a reasonable time after the student completes the Free 
     Application for Federal Student Aid;
       ``(ii) provide the student a final determination of the 
     student's dependency status and Federal financial aid award 
     as soon as practicable after all requested documentation is 
     provided;
       ``(iii) retain all documents related to the adjustment 
     under this section and section 480(d)(9), including 
     documented interviews, for at least the duration of the 
     student's enrollment, and shall abide by all other record 
     keeping requirements of this Act; and
       ``(iv) presume that any student who has obtained an 
     adjustment under this section and section 480(d)(9) and a 
     final determination of independence for a preceding award 
     year at an institution to be independent for a subsequent 
     award year at the same institution unless--

       ``(I) the student informs the institution that 
     circumstances have changed; or
       ``(II) the institution has specific conflicting information 
     about the student's independence.

       ``(d) Adjustments to Assets or Income Taken Into Account.--
     A financial aid administrator shall be considered to be 
     making a necessary adjustment in accordance with this section 
     if--
       ``(1) the administrator makes adjustments excluding from 
     family income or assets any proceeds or losses from a sale of 
     farm or business assets of a family if such sale results from 
     a voluntary or involuntary foreclosure, forfeiture, or 
     bankruptcy or a voluntary or involuntary liquidation; or
       ``(2) the administrator makes adjustments for a student 
     with a disability so as to take into consideration the 
     additional costs such student incurs as a result of such 
     student's disability.
       ``(e) Refusal or Adjustment of Loan Certifications.--On a 
     case-by-case basis, an eligible institution may refuse to use 
     the authority provided under this section, certify a 
     statement that permits a student to receive a loan under part 
     D, certify a loan amount, or make a loan that is less than 
     the student's determination of need (as determined under this 
     part), if the reason for the action is documented and 
     provided in written form to the student. No eligible 
     institution shall discriminate against any borrower or 
     applicant in obtaining a loan on the basis of race, national 
     origin, religion, sex, marital status, age, or disability 
     status.''.
       (j) Disregard of Student Aid in Other Programs.--Section 
     479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu) 
     is amended to read as follows:

     ``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.

       ``Notwithstanding any other provision of law, student 
     financial assistance received under this title, Bureau of 
     Indian Affairs student assistance programs, and employment 
     and training programs under section 134 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3174 et. seq.) 
     shall not be taken into account in determining the need or 
     eligibility of any person for benefits or assistance, or the 
     amount of such benefits or assistance, under any Federal, 
     State, or local

[[Page S4816]]

     program financed in whole or in part with Federal funds.''.
       (k) Native American Students.--Section 479C of the Higher 
     Education Act of 1965 (20 U.S.C. 1087uu-1) is amended to read 
     as follows:

     ``SEC. 479C. NATIVE AMERICAN STUDENTS.

       ``In determining the student aid index for Native American 
     students, computations performed pursuant to this part shall 
     exclude--
       ``(1) any income and assets of $2,000 or less per 
     individual payment received by the student (and spouse) and 
     student's parents under Public Law 98-64 (25 U.S.C. 117a et 
     seq.; 97 Stat. 365) (commonly known as the `Per Capita Act') 
     or the Indian Tribal Judgment Funds Use or Distribution Act 
     (25 U.S.C. 1401 et seq.); and
       ``(2) any income received by the student (and spouse) and 
     student's parents under the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.) or the Maine Indian Claims 
     Settlement Act of 1980 (25 U.S.C. 1721 et seq.).''.
       (l) Definitions.--The Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.) is amended--
       (1) by inserting after section 479C the following:

     ``SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS.

       ``(a) Determination Process for Unaccompanied Youth.--In 
     making a determination of independence under section 
     480(d)(8), a financial aid administrator shall--
       ``(1) consider documentation of the student's circumstance 
     provided by an individual described by this subparagraph to 
     be acceptable in the absence of documented conflicting 
     information, such individuals include--
       ``(A) a local education agency homeless liaison, designated 
     pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento 
     Homeless Assistance Act or a designee of the liaison;
       ``(B) the director or a recognized emergency shelter, 
     transitional living, street outreach program, or other 
     program serving individuals who are homeless or a designee of 
     the director;
       ``(C) the director of a Federal TRIO program or a Gaining 
     Early Awareness and Readiness for Undergraduate program under 
     chapter 1 or 2 of subpart 2 of part A or a designee of the 
     director; or
       ``(D) by a financial aid administrator at another 
     institution who documented the student's circumstance in a 
     prior award year;
       ``(2) if a student is unable to provide documentation from 
     any individual under paragraph (1), make a case-by-case 
     determination, which shall be--
       ``(A) based on a written statement from or a documented 
     interview with the student which confirms that the student is 
     homeless (as such term is defined in section 725 of the 
     McKinney-Vento Homeless Assistance Act), or unaccompanied, at 
     risk of homelessness, and self-supporting; and
       ``(B) made independent from the reasons that the student is 
     homeless (as such term is defined in section 725 of the 
     McKinney-Vento Homeless Assistance Act), or unaccompanied, at 
     risk of homelessness, and self-supporting; and
       ``(3) consider a determination made under this paragraph as 
     distinct from a determination of independence under section 
     480(d)(9).
       ``(b) Documentation Process for Foster Care Youth.--If an 
     institution requires that a student provide documentation 
     that they were in foster care when the student was age 13 or 
     older, a financial aid administrator shall consider any of 
     the following as adequate documentation, in the absence of 
     documented conflicting information:
       ``(1) Submission of a court order or official State 
     documentation that the student received Federal or State 
     support in foster care.
       ``(2) A documented phone call, written statement, or 
     verifiable electronic data match, which confirms the student 
     was in foster care at an applicable age, from--
       ``(A) a State or tribal agency administering a program 
     under part B or E of title IV of the Social Security Act (42 
     U.S.C. 621 et seq. and 670 et seq.);
       ``(B) a State Medicaid agency; or
       ``(C) a public or private foster care placing agency or 
     foster care facility or placement.
       ``(3) A documented phone call or a written statement from 
     an attorney, a guardian ad litem, or a Court Appointed 
     Special Advocate that confirms that the student was in foster 
     care at an applicable age, and documents the person's 
     relationship to the student.
       ``(4) Verification of the student's eligibility for an 
     education and training voucher under the John H. Chafee 
     Foster Care Program under section 477 of the Social Security 
     Act (42 U.S.C. 677).
       ``(c) Timing.--A determination of independence under 
     paragraphs (2), (8) or (9) of section 480(d) for a student--
       ``(1) shall be made as quickly as practicable;
       ``(2) may be made as early as the year before the award 
     year for which the student initially submits an application; 
     and
       ``(3) shall be made not later than during the award year 
     for which the student initially submits an application.
       ``(d) Use of Earlier Determinations.--
       ``(1) Earlier determination by the institution.--Any 
     student who is determined to be independent under paragraph 
     (2), (8) or (9) of section 480(d) for a preceding award year 
     at an institution shall be presumed to be independent for 
     each subsequent award year at the same institution unless--
       ``(A) the student informs the institution that 
     circumstances have changed; or
       ``(B) the institution has specific conflicting information 
     about the student's independence, and has informed the 
     student of this information.
       ``(2) Earlier determination by another institution.--
       ``(A) Simplifying the dependency override process.--A 
     financial aid administrator may make a determination of 
     independence under section 480(d)(9), based upon a documented 
     determination of independence that was previously made by 
     another financial aid administrator under such paragraph in 
     the same award year.
       ``(e) Retention of Documents.--A financial aid 
     administrator shall retain all documents related to the 
     determination of independence under paragraphs (2) or (8) of 
     section 480(d), including documented interviews.''; and
       (2) by striking section 480 and inserting the following:

     ``SEC. 480. DEFINITIONS.

       ``In this part:
       ``(a) Total Income.--The term `total income' means the 
     amount equal to adjusted gross income for the second 
     preceding tax year plus untaxed income and benefits for the 
     second preceding tax year minus excludable income for the 
     second preceding tax year. The factors used to determine 
     total income shall be derived from the Federal income tax 
     return, if available, except for the applicant's ability to 
     indicate a qualified rollover in the second preceding tax 
     year as outlined in section 483.
       ``(b) Untaxed Income and Benefits.--The term `untaxed 
     income and benefits' means--
       ``(1) deductions and payments to self-employed SEP, SIMPLE, 
     Keogh, and other qualified individual retirement accounts 
     excluded from income for Federal tax purposes, except such 
     term shall not include payments made to tax-deferred pension 
     and retirement plans, paid directly or withheld from 
     earnings, that are not delineated on the Federal tax return;
       ``(2) tax-exempt interest income;
       ``(3) untaxed portion of individual retirement account 
     distributions; and
       ``(4) untaxed portion of pensions.
       ``(c) Veteran.--The term `veteran' has the meaning given 
     the term in section 101(2) of title 38, United States Code.
       ``(d) Independent Students and Determinations.-- The term 
     `independent', when used with respect to a student, means any 
     individual who--
       ``(1) is 24 years of age or older by December 31 of the 
     award year;
       ``(2) is, or was at any time when the individual was 13 
     years of age or older;
       ``(A) an orphan;
       ``(B) ward of the court;
       ``(C) in foster care;
       ``(3) is, or was immediately prior to attaining the age of 
     majority, an emancipated minor or in legal guardianship as 
     determined by a court of competent jurisdiction in the 
     individual's State of legal residence;
       ``(4) is a veteran of the Armed Forces of the United States 
     (as defined in subsection (c)) or is currently serving on 
     active duty in the Armed Forces for other than training 
     purposes;
       ``(5) is a graduate or professional student;
       ``(6) is married and not separated;
       ``(7) has legal dependents other than a spouse;
       ``(8) an unaccompanied youth 23 years of age or younger who 
     is homeless (as such term is defined in section 725 of the 
     McKinney-Vento Homeless Assistance Act), or unaccompanied, at 
     risk of homelessness, and self-supporting, or--
       ``(9) is a student for whom a financial aid administrator 
     makes a documented determination of independence by reason of 
     other unusual circumstances as described under section 
     479A(c) in which the student is unable to contact a parent or 
     where contact with parents poses a risk to such student, 
     which includes circumstances of--
       ``(A) human trafficking, as described in the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
       ``(B) legally granted refugee or asylum status;
       ``(C) parental abandonment or estrangement; or
       ``(D) parental incarceration.
       ``(e) Excludable Income.--The term `excludable income' 
     means an amount equal to the education credits described in 
     paragraphs (1) and (2) of section 25A(a) of the Internal 
     Revenue Code of 1986.
       ``(f) Assets.--
       ``(1) In general.--The term `assets' means cash on hand, 
     including the amount in checking and savings accounts, time 
     deposits, money market funds, trusts, stocks, bonds, 
     derivatives, other securities, mutual funds, tax shelters, 
     qualified education benefits (except as provided in paragraph 
     (3)), the annual amount of child support received and the net 
     value of real estate, income producing property, and business 
     and farm assets, determined in accordance with section 
     478(c).
       ``(2) Exclusions.--With respect to determinations of need 
     under this title, the term `assets' shall not include the net 
     value of the family's principal place of residence.
       ``(3) Qualified education benefit.--A qualified education 
     benefit shall be considered an asset of--
       ``(A) the student if the student is an independent student; 
     or

[[Page S4817]]

       ``(B) the parent if the student is a dependent student and 
     the account is designated for the student, regardless of 
     whether the owner of the account is the student or the 
     parent.
       ``(g) Net Assets.--The term `net assets' means the market 
     value at the time of application of the assets (as defined in 
     subsection (f)), minus the outstanding liabilities or 
     indebtedness against the assets.
       ``(h) Treatment of Income Taxes Paid to Other 
     Jurisdictions.--
       ``(1) The tax on income paid to the Governments of the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
     Islands, or the Commonwealth of the Northern Mariana Islands, 
     the Republic of the Marshall Islands, the Federated States of 
     Micronesia, or Palau under the laws applicable to those 
     jurisdictions, or the comparable tax paid to the central 
     government of a foreign country, shall be treated as Federal 
     income taxes.
       ``(2) References in this part to the Internal Revenue Code 
     of 1986, Federal income tax forms, and the Internal Revenue 
     Service shall, for purposes of the tax described in paragraph 
     (1), be treated as references to the corresponding laws, tax 
     forms, and tax collection agencies of those jurisdictions, 
     respectively, subject to such adjustments as the Secretary 
     may provide by regulation.
       ``(i) Other Financial Assistance.--
       ``(1) For purposes of determining a student's eligibility 
     for funds under this title, other financial assistance not 
     received under this title shall include all scholarships, 
     grants, loans, or other assistance known to the institution 
     at the time the determination of the student's need is made, 
     including national service educational awards or post-service 
     benefits under title I of the National and Community Service 
     Act of 1990 (42 U.S.C. 12511 et seq.).
       ``(2) Notwithstanding paragraph (1), a tax credit taken 
     under section 25A of the Internal Revenue Code of 1986, or a 
     distribution that is not includable in gross income under 
     section 529 of such Code, under another prepaid tuition plan 
     offered by a State, or under a Coverdell education savings 
     account under section 530 of such Code, shall not be treated 
     as other financial assistance for purposes of section 
     471(a)(3).
       ``(3) Notwithstanding paragraph (1) and section 472, 
     assistance not received under this title may be excluded from 
     both other financial assistance and cost of attendance, if 
     that assistance is provided by a State and is designated by 
     such State to offset a specific component of the cost of 
     attendance. If that assistance is excluded from either other 
     financial assistance or cost of attendance, it shall be 
     excluded from both.
       ``(4) Notwithstanding paragraph (1), payments made and 
     services provided under part E of title IV of the Social 
     Security Act to or on behalf of any child or youth over whom 
     the State agency has responsibility for placement, care, or 
     supervision, including the value of vouchers for education 
     and training and amounts expended for room and board for 
     youth who are not in foster care but are receiving services 
     under section 477 of such Act, shall not be treated as other 
     financial assistance for purposes of section 471(a)(3).
       ``(5) Notwithstanding paragraph (1), emergency financial 
     assistance in an amount less than $1,500 provided to the 
     student for unexpected expenses that are a component of the 
     student's cost of attendance, and not otherwise considered 
     when the determination of the student's need is made, shall 
     not be treated as other financial assistance for purposes of 
     section 471(a)(3).
       ``(j) Dependents.--
       ``(1) Except as otherwise provided, the term `dependent of 
     the parent' means the student who is deemed to be a dependent 
     students when applying for aid under this title, and any 
     other person who lives with and receives more than one-half 
     of their support from the parent (or parents) and will 
     continue to receive more than half of their support from the 
     parent (or parents) during the award year.
       ``(2) Except as otherwise provided, the term `dependent of 
     the student' means the student's dependent children and other 
     persons (except the student's spouse) who live with and 
     receive more than one-half of their support from the student 
     and will continue to receive more than half of their support 
     from the student during the award year.
       ``(k) Family Size.--
       ``(1) Dependent student.--Except as provided in paragraph 
     (3), in determining family size in the case of a dependent 
     student--
       ``(A) if the parents are not divorced or separated, family 
     members include the student's parents, and any dependent 
     (within the meaning of section 152 of the Internal Revenue 
     Code of 1986 or an eligible individual for purposes of the 
     credit under section 32 of the Internal Revenue Code of 1986) 
     of the student's parents for the taxable year used in 
     determining the amount of need of the student for financial 
     assistance under this title;
       ``(B) if the parents are divorced or separated, family 
     members include the parent whose income is included in 
     computing available income and any dependent (within the 
     meaning of section 152 of the Internal Revenue Code of 1986 
     or an eligible individual for purposes of the credit under 
     section 32 of the Internal Revenue Code of 1986) of that 
     parent for the taxable year used in determining the amount of 
     need of the student for financial assistance under this 
     title;
       ``(C) if the parents are divorced and the parents whose 
     income is so included is remarried, or if the parent was a 
     widow or widower who has remarried, family members also 
     include, in addition to those individuals referred to in 
     paragraph (B), and any dependent (within the meaning of 
     section 152 of the Internal Revenue Code of 1986 or an 
     eligible individual for purposes of the credit under section 
     32 of the Internal Revenue Code of 1986) of the new spouse 
     for the taxable year used in determining the amount of need 
     of the student for financial assistance under this title, if 
     that spouse's income is included in determining the parent's 
     adjusted available income; and
       ``(D) if the student is not considered as a dependent 
     (within the meaning of section 152 of the Internal Revenue 
     Code of 1986 or an eligible individual for purposes of the 
     credit under section 32 of the Internal Revenue Code of 1986) 
     of any parent, the parents' family size shall include the 
     student and the family members applicable to the parents' 
     situation under subparagraph (A), (B), or (C).
       ``(2) Independent student.--Except as provided in paragraph 
     (3), in determining family size in the case of an independent 
     student--
       ``(A) family members include the student, the student's 
     spouse, and any dependent (within the meaning of section 152 
     of the Internal Revenue Code of 1986 or an eligible 
     individual for purposes of the credit under section 32 of the 
     Internal Revenue Code of 1986) of that student for the 
     taxable year used in determining the amount of need of the 
     student for financial assistance under this title; and
       ``(B) if the student is divorced or separated, family 
     members do not include the spouse (or ex-spouse), but do 
     include the student and any dependent (within the meaning of 
     section 152 of the Internal Revenue Code of 1986 or an 
     eligible individual for purposes of the credit under section 
     32 of the Internal Revenue Code of 1986) of that student for 
     the taxable year used in determining the amount of need of 
     the student for financial assistance under this title.
       ``(3) Procedures and modification.--The Secretary shall 
     provide procedures for determining family size in cases in 
     which information for the taxable year used in determining 
     the amount of need of the student for financial assistance 
     under this title has changed or does not accurately reflect 
     the applicant's current household size.
       ``(l) Business Assets.--The term `business assets' means 
     property that is used in the operation of a trade or 
     business, including real estate, inventories, buildings, 
     machinery, and other equipment, patents, franchise rights, 
     and copyrights.''.
       (m) FAFSA.--Section 483 of the Higher Education Act of 1965 
     (20 U.S.C. 1090) is amended to read as follows:

     ``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.

       ``(a) Simplified Application for Federal Student Financial 
     Aid.--
       ``(1) In general.--Each individual seeking to apply for 
     Federal financial aid under this title for any award year 
     shall file a free application with the Secretary, known as 
     the `Free Application for Federal Student Aid', to determine 
     eligibility for such aid, as described in paragraph (2), and 
     in accordance with section 479.
       ``(2) Free application.--
       ``(A) In general.--The Secretary shall make available, for 
     the purposes of paragraph (1), a free application to 
     determine the eligibility of a student for Federal financial 
     aid under this title.
       ``(B) Information required by the applicant.--
       ``(i) In general.--The applicant, and, if necessary, the 
     parents or spouse of the applicant, shall provide the 
     Secretary with the applicable information described in clause 
     (ii) in order to be eligible for Federal financial aid under 
     this title.
       ``(ii) Information to be provided.--The information 
     described in this clause is the following:

       ``(I) Name.
       ``(II) Contact information, including address, phone 
     number, email address, or other electronic address.
       ``(III) Social security number.
       ``(IV) Date of birth.
       ``(V) Marital status.
       ``(VI) Citizenship status, including alien registration 
     number, if applicable.
       ``(VII) Sex.
       ``(VIII) State of legal residence and date of residency.
       ``(IX) The following information on secondary school 
     completion--

       ``(aa) Name and location of the high school from which the 
     applicant received, or will receive prior to the period of 
     enrollment for which aid is sought, a regular high school 
     diploma;
       ``(bb) name and location of the entity from which the 
     applicant received, or will receive prior to the period of 
     enrollment for which aid is sought, a recognized equivalent 
     of a regular high school diploma; or
       ``(cc) if the applicant completed or will complete prior to 
     the period of enrollment for which aid is sought, a secondary 
     school education in a home school setting that is treated as 
     a home school or private school under State law.

       ``(X) Name of each institution where the applicant intends 
     to apply for enrollment or continue enrollment.
       ``(XI) Year in school for period of enrollment for which 
     aid is sought, including whether applicant will have finished 
     first bachelor's degree prior to the period of enrollment for 
     which aid is sought.
       ``(XII) Whether one or both of the applicant's parents 
     attended college.

[[Page S4818]]

       ``(XIII) Any required asset information, unless exempt 
     under section 479, in which the applicant shall indicate--

       ``(aa) the annual amount of child support received, if 
     applicable; and
       ``(bb) all required asset information not described in item 
     (aa).

       ``(XIV) The number of members of the applicant's family who 
     will also be enrolled in an eligible institution of higher 
     education on at least a half-time basis during the same 
     enrollment period as the applicant.
       ``(XV) If the applicant meets any of the following 
     designations:

       ``(aa) Homeless, at risk of being homeless, or an 
     unaccompanied youth.
       ``(bb) Emancipated minor.
       ``(cc) In legal guardianship.
       ``(dd) Dependent ward of the court at any time since the 
     applicant turned 13.
       ``(ee) In foster care at any time since the applicant 
     turned 13.
       ``(ff) If both parents have died since the applicant turned 
     13.
       ``(gg) Is a veteran of the Armed Forces of the United 
     States or is serving (on the date of the application) on 
     active duty in the Armed Forces for other than training 
     purposes.
       ``(hh) Has a dependent child or relative and is under the 
     age of 24.
       ``(ii) Does not have access to parental income due to an 
     unusual circumstance in accordance with section 480(d)(9).

       ``(XVI) If the applicant receives or has received any of 
     the following means-tested Federal benefits within the last 
     two years:

       ``(aa) The supplemental security income program under title 
     XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
       ``(bb) The supplemental nutrition assistance program under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       ``(cc) The free and reduced price school lunch program 
     established under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       ``(dd) The program of block grants for States for temporary 
     assistance for needy families established under part A of 
     title IV of the Social Security Act (42 U.S.C. 601 et seq.).
       ``(ee) The special supplemental nutrition program for 
     women, infants, and children established by section 17 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1786).
       ``(ff) The Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       ``(gg) Federal housing assistance programs, including 
     tenant-based assistance under section 8(o) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)), and public 
     housing, as defined in section 3(b)(1) of such Act (42 U.S.C. 
     1437a(b)(1)).
       ``(hh) Any other means-tested program determined by the 
     Secretary to be appropriate.

       ``(XVII) If the applicant, or, if necessary, the parents or 
     spouse of the applicant, reported receiving tax exempt 
     payments from an individual retirement plan (as defined in 
     section 7701 of the Internal Revenue Code of 1986) 
     distribution or from pensions or annuities on a Federal tax 
     return, information as to how much of the individual 
     retirement plan distribution or pension or annuity 
     disbursement was a qualified rollover.

       ``(iii) Prohibition against requesting information more 
     than once.--Any information requested during the process of 
     creating an account for completing the free application under 
     this subsection, shall not be required a second time for the 
     same award year, or in a duplicative manner, when completing 
     such free application except in the case of an unusual 
     situation.
       ``(iv) Change in family size.--The Secretary shall provide 
     a process by which an applicant shall confirm the accuracy of 
     family size or update the family size with respect to such 
     applicant for purposes of determining the need of such 
     applicant for financial assistance under this title based on 
     a change in family size from the tax year data used for such 
     determination.
       ``(v) Single question for homeless status.--The Secretary 
     shall ensure that--

       ``(I) on the form developed under this section for which 
     the information is applicable, there is a single, easily 
     understood screening question to identify an applicant who is 
     an unaccompanied homeless child or youth (as such term is 
     defined in section 725 of the McKinney-Vento Homeless 
     Assistance Act) or an unaccompanied youth who is self-
     supporting and at risk of homelessness; and
       ``(II) such question is distinct from those relating to an 
     individual who does not have access to parental income due to 
     an unusual circumstance.

       ``(vi) Adjustments.--The Secretary shall disclose on the 
     FAFSA that the student may, on a case-by-case basis, qualify 
     for an adjustment under section 479A to the cost of 
     attendance or the values of the data items required to 
     calculate the student aid index for the student or parent.
       ``(C) Notification of request for tax return information.--
     The Secretary shall advise students and borrowers who submit 
     an application for Federal student financial aid under this 
     title (as well as parents and spouses who sign such an 
     application or request or a Master Promissory Note on behalf 
     of those students and borrowers) of the authority of the 
     Secretary to request that the Internal Revenue Service 
     disclose their tax return information as described in section 
     494.
       ``(D) Authorizations available to the applicant.--
       ``(i) Authorization to release and transmit to 
     institution.--An applicant and, if necessary, the parents or 
     spouse of the applicant shall provide the Secretary with 
     authorization to release and transmit to an institution, as 
     specified by the applicant, in order for the applicant's 
     eligibility for Federal financial aid programs to be 
     determined, the following:

       ``(I) Information described under section 6103(l)(13) of 
     the Internal Revenue Code of 1986.
       ``(II) All information provided by the applicant on the 
     application described by this subsection to determine the 
     applicant's eligibility for Federal financial aid under this 
     title and for the application, award, and administration of 
     such Federal financial aid.

       ``(ii) Authorization to release and transmit to state and 
     institution.--

       ``(I) In general.--An applicant and, if necessary, the 
     parents or spouse of the applicant may provide the Secretary 
     with authorization to release and transmit to the State of 
     residence of the applicant and to any institution specified 
     by the applicant, in order for the applicant's eligibility 
     for State student financial aid programs or institution-based 
     student financial aid programs to be determined, the 
     following:

       ``(aa) Information described under section 6103(l)(13) of 
     the Internal Revenue Code of 1986.
       ``(bb) All information provided by the applicant on the 
     application described by this subsection for the application, 
     award, and administration of financial aid by a State or an 
     institution of higher education.

       ``(II) Special rule.--An institution to which an applicant 
     selects to release and transmit information under subclause 
     (I) shall not be disclosed to any other institution.

       ``(iii) Authorization to release and transmit to benefits 
     programs.--An applicant and, if necessary, the parents or 
     spouse of the applicant may provide the Secretary with 
     authorization to release and transmit to means-tested Federal 
     benefit programs, as defined in section 473(e), the 
     following:

       ``(I) Information described under section 6103(l)(13) of 
     the Internal Revenue Code of 1986.
       ``(II) All information provided by the applicant on the 
     application described by this subsection to determine the 
     applicant's eligibility for the application, award, and 
     administration of such means-tested Federal benefits 
     programs.

       ``(E) Action by the secretary.--Upon receiving--
       ``(i) an application under this section, the Secretary 
     shall, as soon as practicable, perform the necessary 
     functions with the Commissioner of Internal Revenue to 
     calculate the applicant's student aid index and scheduled 
     award for a Federal Pell Grant, if applicable, assuming full-
     time enrollment for an academic year, and note to the 
     applicant the assumptions relationship to the scheduled 
     award; and
       ``(ii) an authorization under subparagraph (D), the 
     Secretary shall, as soon as practicable, release and transmit 
     the information described under such subparagraph to the 
     State of residence of the applicant or an institution, as 
     specified by the applicant, in order for the applicant's 
     eligibility for Federal, State, or institutional student 
     financial aid programs to be estimated or determined.
       ``(3) Information to be supplied by the secretary of 
     education.--
       ``(A) In general.--Upon receiving and timely processing a 
     free application that contains the information described in 
     paragraph (2), the Secretary shall provide to the applicant 
     (and the parents of a dependent student applicant, or spouse 
     of the independent student applicant, if applicable) the 
     following information based on full-time attendance for an 
     academic year:
       ``(i) The estimated dollar amount of a Federal Pell Grant 
     scheduled award for which the applicant is eligible for such 
     award year.
       ``(ii) Information on other types of Federal financial aid 
     for which the applicant may be eligible (including situations 
     in which the applicant could qualify for 150 percent of a 
     schedule Federal Pell Grant award and loans made under this 
     title) and how the applicant can find additional information 
     regarding such aid.
       ``(iii) Information regarding each institution selected by 
     the applicant in accordance with paragraph (2)(B)(ii)(X), 
     including the following:

       ``(I) The following information, as collected through the 
     Integrated Postsecondary Education Data System or a successor 
     Federal data system as designated by the Secretary:

       ``(aa) Net price by income quintile.
       ``(bb) Median debt of students upon completion.
       ``(cc) Graduation rate.
       ``(dd) Retention rate.
       ``(ee) Transfer rate, if available.

       ``(II) Institutional default rate, as calculated under 
     section 435.

       ``(iv) If the student is eligible for a student aid index 
     of less than or equal to zero under section 473 but has not 
     indicated that they receive Federal means-tested benefits, a 
     notification of the Federal means-tested benefits for which 
     they may be eligible.
       ``(v) Information on education tax credits described in 
     paragraphs (1) and (2) of section 25A(a) of the Internal 
     Revenue Code of 1986.
       ``(vi) If the individual identified as a veteran, or as 
     serving (on the date of the application) on active duty in 
     the Armed Forces

[[Page S4819]]

     for other than training purposes, information on benefits 
     administered by the Department of Veteran Affairs or 
     Department of Defense, respectively.
       ``(vii) If applicable, the applicant's current outstanding 
     balance of loans under this title.
       ``(B) Information provided to the state.--
       ``(i) In general.--The Secretary shall provide, with 
     authorization from the applicant in accordance with paragraph 
     (2)(D)(ii), to a State agency administering State-based 
     financial aid and serving the applicant's State of residence, 
     the information described under section 6103(l)(13) of the 
     Internal Revenue Code of 1986 and information described in 
     paragraph (2)(B) for the application, award, and 
     administration of grants and other aid provided directly from 
     the State to be determined by such State. Such information 
     shall include the list of institutions provided by the 
     applicant on the application.
       ``(ii) Use of information.--A State agency administering 
     State-based financial aid--

       ``(I) shall use the information provided under clause (i) 
     solely for the application, award, and administration of 
     State-based financial aid for which the applicant is eligible 
     and for State agency research that does not release any 
     individually identifiable information on any applicant to 
     promote college attendance, persistence, and completion;
       ``(II) may use identifying information for student 
     applicants to determine whether or not a graduating secondary 
     student has filed the application in coordination with local 
     educational agencies or secondary schools to encourage 
     students to complete the application; and
       ``(III) shall not share application information with any 
     other entity without the explicit written consent of the 
     applicant, except as provided in subclause (II).

       ``(iii) Limitation on consent process.--A State may provide 
     a consent process whereby an applicant may elect to share the 
     information described in clause (i) through explicit written 
     consent to Federal, State, or local government agencies or 
     tribal organizations to assist such applicant in applying for 
     and receiving Federal, State, or local government assistance, 
     or tribal assistance for any component of the applicant's 
     cost of attendance which may include financial assistance or 
     non-monetary assistance.
       ``(iv) Prohibition.--Any entity that receives applicant 
     information under clause (iii) shall not sell, share, or 
     otherwise use applicant information other than for the 
     purposes outlined in clause (iii).
       ``(C) Information provided to the institution.--
       ``(i) In general.--The Secretary shall provide, with 
     authorization from the applicant in accordance with paragraph 
     (2)(D)(ii), to each institution selected by the applicant on 
     the application, the information described under section 
     6103(l)(13) of the Internal Revenue Code of 1986 and 
     information described in paragraph (2)(B) for the 
     application, award, and administration of grants and other 
     aid provided directly from the institution to be determined 
     by such institution and grants and other aid provided 
     directly from the State or Federal Government.
       ``(ii) Use of information.--An institution--

       ``(I) shall use the information provided to it under clause 
     (i) solely for the application, award, and administration of 
     financial aid to the applicant, and for institutional 
     research that does not release any individually identifiable 
     information on any applicant, to promote college attendance, 
     persistence and completion; and
       ``(II) shall not share such information with any other 
     entity without the explicit written consent of the applicant.

       ``(iii) Limitation on consent process.--An institution may 
     provide a consent process whereby an applicant can elect to 
     share the information described in clause (i) with explicit 
     written consent to a scholarship granting organization, 
     including a tribal organization (defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304)), or to Federal, State, or local government 
     agencies or tribal organizations to assist the applicant in 
     applying for and receiving private assistance, or Federal, 
     State, local government assistance, or tribal assistance for 
     any component of the applicant's cost of attendance which may 
     include financial assistance or non-monetary assistance.
       ``(iv) Prohibition.--Any entity that receives applicant 
     information under clause (iii) shall not sell, share, or 
     otherwise use applicant information other than for the 
     purposes outlined in clause (iii).
       ``(4) Development of form and information exchange.--Prior 
     to the design of the free application under this subsection, 
     the Secretary shall, to the maximum extent practicable, on an 
     annual basis--
       ``(A) consult with stakeholders to gather information about 
     innovations and technology available to--
       ``(i) ensure an efficient and effective process;
       ``(ii) mitigate unintended consequences; and
       ``(iii) determine the best practices for outreach to 
     students and families during the transition to the 
     streamlined process for the determination of Federal 
     financial aid and Federal Pell Grant eligibility while 
     reducing the data burden on applicants and families; and
       ``(B) solicit public comments for the format of the free 
     application that provides for adequate time to incorporate 
     feedback prior to development of the application for the 
     succeeding award year.
       ``(5) No additional information requests permitted.--In 
     carrying out this subsection, the Secretary may not require 
     additional information to be submitted by an applicant (or 
     the parents or spouse of an applicant) for Federal financial 
     aid through other requirements or reporting, except as 
     required under a process or procedure exercised in accordance 
     with the authority under section 479A.
       ``(6) State-run programs.--
       ``(A) In general.--The Secretary shall conduct outreach to 
     States in order to research the benefits to students of 
     States relying solely on the financial data made available, 
     upon authorization by the applicant, as a result of an 
     application for aid under this subsection for determining the 
     eligibility of the applicant for State provided financial 
     aid.
       ``(B) Secretarial review.--If a State determines that there 
     is a need for additional data elements beyond those provided 
     pursuant to this subsection for determining the eligibility 
     of an applicant for State provided financial aid, the State 
     shall forward a list of those additional data elements 
     determined necessary, but not provided by virtue of the 
     application under this subsection, to the Secretary. The 
     Secretary shall make readily available to the public through 
     the Department's websites and other means--
       ``(i) a list of States that do not require additional 
     financial information separate from the Free Application for 
     Federal Student Aid and do not require asset information from 
     students who qualify for the exemption from asset reporting 
     under section 479 for the purposes of awarding State 
     scholarships and grant aid;
       ``(ii) a list of States that require asset information from 
     students who qualify for the exemption from asset reporting 
     under section 479 for the purposes of awarding State 
     scholarships and grant aid;
       ``(iii) a list of States that have indicated that they 
     require additional financial information separate from the 
     Free Application for Federal Student Aid for purposes of 
     awarding State scholarships and grant aid; and
       ``(iv) with the publication of the lists under this 
     subparagraph, information about additional resources 
     available to applicants, including links to such State 
     websites.
       ``(7) Institution-run financial aid.--
       ``(A) In general.--The Secretary shall conduct outreach to 
     institutions of higher education to describe the benefits to 
     students of relying solely on the financial data made 
     available, upon authorization for release by the applicant, 
     as a result of an application for aid under this subsection 
     for determining the eligibility of the applicant for 
     institutional financial aid. The Secretary shall make readily 
     available to the public through its websites and other 
     means--
       ``(i) a list of institutions that do not require additional 
     financial information separate from the Free Application for 
     Federal Student Aid and do not require asset information from 
     students who qualify for the exemption from asset reporting 
     under section 479 for the purpose of awarding institution-run 
     financial aid;
       ``(ii) a list of institutions that require asset 
     information from students who qualify for the exemption from 
     asset reporting under section 479 for the purpose of awarding 
     institution-run financial aid;
       ``(iii) a list of institutions that require additional 
     financial information separate from the Free Application for 
     Federal Student Aid for the purpose of awarding institution-
     run financial aid; and
       ``(iv) with the publication of the list in clause (iii), 
     information about additional resources available to 
     applicants.
       ``(8) Security of data.--The Secretary shall, in 
     consultation with the Secretary of the Treasury, take all 
     steps necessary to--
       ``(A) safeguard the data required to be transmitted for the 
     purpose of this section between Federal agencies and to 
     States and institutions of higher education;
       ``(B) secure the transmittal of such data; and
       ``(C) provide guidance to States and institutions of higher 
     education regarding their obligation to ensure the security 
     of the data provided under this section.
       ``(9) Report to congress.--
       ``(A) In general.--Not later than one year after the date 
     of enactment of the Student Loan Repayment and FAFSA 
     Simplification Act, the Secretary shall report to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and Labor of the House 
     of Representatives on the progress of the Secretary in 
     carrying out this subsection, including planning and 
     stakeholder consultation. Such report shall include--
       ``(i) benchmarks for implementation;
       ``(ii) entities and organization that the Secretary 
     consulted;
       ``(iii) system requirements for such implementation and how 
     they will be addressed;
       ``(iv) any areas of concern and potential problem issues 
     uncovered that may hamper such implementation; and
       ``(v) solutions determined to address such issues.
       ``(B) Quarterly updates.--The Secretary shall provide 
     updates to the Committees described in subparagraph (A)--

[[Page S4820]]

       ``(i) as to the progress and planning described in 
     subparagraph (A) prior to implementation of the Free 
     Application for Federal Student Aid under this subsection not 
     less often than quarterly; and
       ``(ii) at least 6 months and 1 year after implementation of 
     the Free Application for Federal Student Aid.
       ``(b) Adjustments and Improvements.--
       ``(1) In general.--The Secretary shall disclose in a 
     consumer-tested format, upon completion of the Free 
     Application for Federal Student Aid under this section, that 
     the student may, on a case-by-case basis, qualify for an 
     adjustment under section 479A to the cost of attendance or 
     the values of the data items required to calculate the 
     Federal Pell Grant or the need analysis for the student or 
     parent. Such disclosure shall specify--
       ``(A) examples of the special circumstances under which a 
     student or family member may qualify for such adjustment or 
     determination of independence; and
       ``(B) additional information regarding the steps a student 
     or family member may take in order to seek an adjustment 
     under section 479A.
       ``(2) Consumer testing.--
       ``(A) In general.--Not later than 9 months after the date 
     of enactment of the Student Loan Repayment and FAFSA 
     Simplification Act, the Secretary shall begin consumer 
     testing the design of the Free Application for Federal 
     Student Aid under this section with prospective first-
     generation college students, representatives of students 
     (including low-income students, first generation college 
     students, adult students, veterans, servicemembers, and 
     prospective students), students' families (including low-
     income families, families with first generation college 
     students, and families with prospective students), 
     institutions of higher education, secondary school and 
     postsecondary counselors, and nonprofit consumer groups.
       ``(B) Updates.--For award year 2021 and each fourth 
     succeeding award year thereafter, the Secretary shall update 
     the design of the Free Application for Federal Student Aid 
     based on additional consumer testing with the populations 
     described in subparagraph (A) in order to improve the 
     usability and accessibility of the application.
       ``(3) Accessibility of the fafsa.--The Secretary shall--
       ``(A) in conjunction with the Director of the Census 
     Bureau, shall determine the most common languages spoken at 
     home in the United States
       ``(B) develop versions of the Free Application for Federal 
     Student Aid form in each of the languages determined in 
     subparagraph (A); and
       ``(C) ensure the Free Application for Federal Student Aid 
     is compliant with the most recent Web Content Accessibility 
     Guidelines, or successor guidelines.
       ``(4) Reapplication in a succeeding academic year.--In 
     order to streamline applicant's experience applying for 
     financial aid, the Secretary shall allow an applicant who 
     electronically applies for financial assistance under this 
     title for an academic year subsequent to an academic year for 
     which such applicant applied for financial assistance under 
     this title to automatically electronically import all of the 
     applicant's (including parents, guardians, or spouses, as 
     applicable) identifying, demographic, and school data from 
     the previous application and to update such information to 
     reflect any circumstances that have changed.
       ``(5) Technology accessibility.--The Secretary shall make 
     the application under this section available through 
     prevalent technology. Such technology shall, at a minimum, 
     enable applicants to--
       ``(A) save data; and
       ``(B) submit the application under this title to the 
     Secretary through such technology.
       ``(6) Verification burden.--The Secretary shall--
       ``(A) to the maximum extent practicable, streamline and 
     simplify the process of verification for applicants for 
     Federal financial aid;
       ``(B) in establishing policies and procedures to verify 
     applicants' eligibility for Federal financial aid, consider--
       ``(i) the burden placed on low-income applicants;
       ``(ii) the risk to low-income applicants of failing to 
     enroll or complete from being selected for verification;
       ``(iii) the effectiveness of the policies and procedures in 
     safeguarding against a net cost to taxpayers; and
       ``(iv) the reasons for the source of any improper payments; 
     and
       ``(C) issue a report not less often than annually sharing 
     the percentage of applicants subject to verification, whether 
     the applicants ultimately received Federal financial aid 
     disbursements, and whether the student aid index changed 
     enough to affect the applicant's award of any Federal 
     financial aid under this title.
       ``(7) Studies.--The Secretary shall periodically conduct 
     studies on--
       ``(A) the effect of States requiring additional information 
     specified in clauses (ii) and (iii) of paragraph (6)(B) on 
     the determination of State financial aid awards and whether 
     the additional information required is a barrier to college 
     enrollment by examining--
       ``(i) how much financial aid awards would change if the 
     additional information were not required;
       ``(ii) the number of students who started but did not 
     finish the Free Application for Federal Student Aid, compared 
     to the baseline year of 2021; and
       ``(iii) the number of students who--

       ``(I) started a Free Application for Federal Student Aid 
     but did not receive financial assistance under this title for 
     the applicable academic year; and
       ``(II) if available, did not enroll in an institution of 
     higher education in the applicable academic year;

       ``(B) the most common barriers faced by applications in 
     completing the Free Applications for Federal Student Aid; and
       ``(C) the most common reasons that students and families do 
     not fill out the Free Applications for Federal Student Aid.
       ``(c) Data and Information.--
       ``(1) In general.--The Secretary shall publish data in a 
     publicly accessible manner--
       ``(A) annually on the total number of Free Applications for 
     Federal Student Aid submitted by application cycle, 
     disaggregated by demographic characteristics, type of 
     institution or institutions of higher education to which the 
     applicant applied, the applicant's State of legal residence, 
     and high school and public school district;
       ``(B) quarterly on the total number of Free Applications 
     for Federal Student Aid submitted by application cycle, 
     disaggregated by type of institution or institutions of 
     higher education to which the applicant applied, the 
     applicant's State of legal residence, and high school and 
     public school district;
       ``(C) weekly on the total number of Free Applications for 
     Federal Student Aid submitted, disaggregated by high school 
     and public school district; and
       ``(D) annually on the number of individuals who apply for 
     Federal financial aid pursuant to this section who indicated 
     they are a homeless child or youth (as defined in section 725 
     of the McKinney-Vento Homeless Assistance Act), an 
     unaccompanied youth, or a foster care youth.
       ``(2) Contents.--The data described in paragraph (1) with 
     respect to homeless children and youth shall include, at a 
     minimum, for each application cycle--
       ``(A) the total number of all applicants who were 
     determined to be individuals described in section 480(d)(8); 
     and
       ``(B) the number of applicants described in subparagraph 
     (A), disaggregated--
       ``(i) by State; and
       ``(ii) by the sources of determination as described in 
     section 479D(b).
       ``(3) Data sharing.--The Secretary may enter into data 
     sharing agreements with the appropriate Federal or State 
     agencies to conduct outreach regarding, and connect 
     applicants directly with, the means-tested Federal benefit 
     programs described in subsection (a)(2)(B)(ii)(XVI) for which 
     the applicants may be eligible.
       ``(d) Ensuring Form Usability.--
       ``(1) Signature.--Notwithstanding any other provision of 
     this title, the Secretary may permit the Free Application for 
     Federal Student Aid to be submitted without a signature, if a 
     signature is subsequently submitted by the applicant, or if 
     the applicant uses an access device provided by the 
     Secretary.
       ``(2) Free preparation authorized.--Notwithstanding any 
     other provision of this title, an applicant may use a 
     preparer for consultative or preparation services for the 
     completion of the Free Application for Federal Student Aid 
     without charging a fee to the applicant if the preparer--
       ``(A) includes, at the time the application is submitted to 
     the Department, the name, address or employer's address, 
     social security number or employer identification number, and 
     organizational affiliation of the preparer on the applicant's 
     form;
       ``(B) is subject to the same penalties as an applicant for 
     purposely giving false or misleading information in the 
     application;
       ``(C) clearly informs each individual upon initial contact, 
     that the Free Application for Federal Student Aid is a free 
     form that may be completed without professional assistance; 
     and
       ``(D) does not produce, use, or disseminate any other form 
     for the purpose of applying for Federal financial aid other 
     than the Free Application for Federal Student Aid form 
     developed by the Secretary under this section.
       ``(3) Charges to students and parents for use of forms 
     prohibited.--The need and eligibility of a student for 
     financial assistance under this title may be determined only 
     by using the Free Application for Federal Student Aid 
     developed by the Secretary under this section. Such 
     application shall be produced, distributed, and processed by 
     the Secretary, and no parent or student shall be charged a 
     fee by the Secretary, a contractor, a third-party servicer or 
     private software provider, or any other public or private 
     entity for the collection, processing, or delivery of Federal 
     financial aid through the use of such application. No data 
     collected on a form for which a fee is charged shall be used 
     to complete the Free Application for Federal Student Aid 
     prescribed under this section, except that a Federal or State 
     income tax form prepared by a paid income tax preparer or 
     preparer service for the primary purpose of filing a Federal 
     or State income tax return may be used to complete the Free 
     Application for Federal Student Aid prescribed under this 
     section.
       ``(4) Application processing cycle.--The Secretary shall 
     enable students to submit a Free Application for Federal 
     Student Aid developed under this section and initiate the 
     processing of such application, not later than January 1 of 
     the student's planned year

[[Page S4821]]

     of enrollment, to the maximum extent practicable, on or 
     around October 1 prior to the student's planned year of 
     enrollment.
       ``(5) Early estimates.--The Secretary shall maintain an 
     electronic method for applicants to enter income and family 
     size information to calculate a non-binding estimate of the 
     applicant's Federal financial aid available under this title 
     and shall place such calculator on a prominent location at 
     the beginning of the Free Application for Federal Student 
     Aid.''.
       (n) Student Eligibility.--Section 484 of the Higher 
     Education Act of 1965 (20 U.S.C. 1091) is amended--
       (1) by striking subsection (q) and inserting the following:
       ``(q) Use of Income Data With IRS.--The Secretary, in 
     cooperation with the Secretary of the Treasury, shall fulfill 
     the data transfer requirements under section 6103(l)(13) of 
     the Internal Revenue Code of 1986.'';
       (2) by striking subsection (r);
       (3) by redesignating subsections (s) and (t) as subsections 
     (r) and (s), respectively; and
       (4) by adding at the end the following:
       ``(t) Exception to Required Registration With the Selective 
     Service System.--Notwithstanding section 12(f) of the 
     Military Selective Service Act (50 U.S.C. 3811(f)), an 
     individual shall not be ineligible for assistance or a 
     benefit provided under this title if the individual is 
     required under section 3 of such Act (50 U.S.C. 3802) to 
     present himself for and submit to registration under such 
     section and fails to do so in accordance with any 
     proclamation issued under such section, or in accordance with 
     any rule or regulation issued under such section.''.
       (o) Institutional and Financial Assistance Information for 
     Students.--Section 485 of the Higher Education Act of 1965 
     (20 U.S.C. 1092) is amended by striking subsection (k).
       (p) Early Awareness of Financial Aid Eligibility.--Section 
     485E of the Higher Education Act of 1965 (20 U.S.C. 1092f) is 
     amended to read as follows:

     ``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID 
                   ELIGIBILITY.

       ``(a) In General.--The Secretary shall implement early 
     outreach activities in order to provide prospective students 
     and their families with information about financial aid and 
     estimates of financial aid. Such early outreach activities 
     shall include the activities described in subsections (b), 
     (c), and (d).
       ``(b) Pell Grant Early Awareness Estimates.--
       ``(1) In general.--The Secretary shall produce a consumer-
     tested method of estimating student eligibility for Federal 
     Pell Grants outlined in section 401(b) utilizing the 
     variables of family size and adjusted gross income, and 
     presented in electronic format. There shall be a method for 
     students to indicate whether they are, or will be in--
       ``(A) a single-parent household;
       ``(B) a household with two parents; or
       ``(C) a household with no children or dependents.
       ``(2) Consumer testing.--
       ``(A) In general.--The method of estimating eligibility 
     described in paragraph (1) shall be consumer tested with 
     prospective first-generation students and families as well as 
     low-income individuals and families.
       ``(B) Updates.--For award year 2023-2024 and each fourth 
     succeeding award year thereafter, the design of the method of 
     estimating eligibility shall be updated based on additional 
     consumer testing with the populations described in 
     subparagraph (A).
       ``(3) Distribution.--The method of estimating eligibility 
     described in paragraph (1) shall be--
       ``(A) made publicly and prominently available on the 
     Department of Education website; and
       ``(B) actively shared by the Secretary with--
       ``(i) institutions of higher education participating in 
     programs under this title;
       ``(ii) all middle and secondary schools eligible for funds 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965; and
       ``(iii) local educational agencies and middle schools and 
     secondary schools that serve students not less than 25 
     percent of whom meet a measure of poverty as described in 
     section 1113(a)(5) of the Elementary and Secondary Education 
     Act of 1965.
       ``(4) Electronic estimator on fafsa.--In accordance with 
     subsection (d)(5) of section 483, the Secretary shall 
     maintain an electronic method for applicants to enter income 
     and family size, and level of education sought information to 
     calculate a non-binding estimate (which may include a range 
     or ceiling) of the applicant's Federal financial aid 
     available under this title and shall place such calculator on 
     a prominent location on the FAFSA website and in a manner 
     that encourages students to fill out the FAFSA.
       ``(c) Early Awareness Plans.--The Secretary shall establish 
     and implement early awareness and outreach plans to provide 
     early information about the availability of Federal financial 
     aid and estimates of prospective students' eligibility for 
     Federal financial aid as well as to promote the attainment of 
     postsecondary education specifically among prospective first-
     generation students and families as well as low-income 
     individuals and families, as follows:
       ``(1) Outreach plans for low-income families.--
       ``(A) In general.--The Secretary shall develop plans for 
     each population described in this subparagraph to disseminate 
     information about the availability of Federal financial aid 
     under this title, in addition to and in coordination with the 
     distribution of the method of estimating eligibility under 
     subsection (b), to--
       ``(i) all middle schools and secondary schools eligible for 
     funds under part A of title I of the Elementary and Secondary 
     Education Act of 1965;
       ``(ii) local educational agencies and middle schools and 
     high schools that serve students not less than 25 percent of 
     whom meet a measure of poverty as described in section 
     1113(a)(5) of the Elementary and Secondary Education Act; and
       ``(iii) households receiving assistance under the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       ``(B) Content of plans.--The plans described in paragraph 
     (A) shall--
       ``(i) provide students and their families with information 
     on--

       ``(I) the availability of the College Scorecard described 
     in section 132;
       ``(II) the electronic estimates of financial aid available 
     under subsection (b);
       ``(III) Federal financial aid available to students, 
     including eligibility criteria for the Federal financial aid 
     and an explanation of the Federal financial aid programs 
     (including applicable Federal educational tax credits); and
       ``(IV) resources that can inform students of financial aid 
     that may be available from state-based financial aid, state-
     based college savings programs, and scholarships and other 
     non-governmental sources;

       ``(ii) describe how the dissemination of information will 
     be conducted by the Secretary.
       ``(C) Reporting and updates.--The Secretary shall post the 
     information about the plans under subparagraph (A) and 
     associated goals publicly on the Department of Education 
     website. On an annual basis, the Secretary shall report 
     qualitative and quantitative outcomes regarding the 
     implementation of the plans under subparagraph (A). The 
     Secretary shall review and update such plans not less often 
     than every 4 award years with the goal of progressively 
     increasing the impact of the activities under this paragraph.
       ``(D) Partnership.--The Secretary may partner with States, 
     State systems of higher education, institutions of higher 
     education, or college access organizations to carry out this 
     paragraph.
       ``(2) Interagency coordination plans.--
       ``(A) In general.--The Secretary shall develop interagency 
     coordination plans in order to inform more students and 
     families, including low-income individuals or families, about 
     the availability of Federal financial aid under this title 
     through participation in existing Federal programs or tax 
     benefits that serve low-income individuals or families, in 
     coordination with the following Secretaries:
       ``(i) The Secretary of the Treasury.
       ``(ii) The Secretary of Labor.
       ``(iii) The Secretary of Health and Human Services.
       ``(iv) The Secretary of Agriculture.
       ``(v) The Secretary of Housing and Urban Development.
       ``(vi) The Secretary of Commerce.
       ``(vii) The Secretary of Veterans Affairs.
       ``(B) Process, activities, and goals.--Each interagency 
     coordination plan under subparagraph (A) shall--
       ``(i) to identify opportunities in which low-income 
     individuals and families could be informed of the 
     availability of Federal financial aid under this title 
     through access to other Federal programs that serve low-
     income individuals and families;
       ``(ii) to identify methods to effectively inform low-income 
     individuals and families of the availability of Federal 
     financial aid for postsecondary education under this title;
       ``(iii) develop early awareness activities that align with 
     the opportunities and methods identified under clauses (ii) 
     and (iii);
       ``(iv) establish goals regarding the effects of the 
     activities to be implemented under clause (iii); and
       ``(v) provide information on how students and families can 
     maintain access to Federal programs that serve low-income 
     individuals and families operated by the agencies identified 
     under subsection (A) while attending an institution of higher 
     education.
       ``(C) Plan with secretary of the treasury.--The interagency 
     coordination plan under subparagraph (A)(i) between the 
     Secretary and the Secretary of the Treasury shall further 
     include specific methods to increase the application for 
     Federal financial aid under this title from individuals who 
     file Federal tax returns, including collaboration with tax 
     preparation entities or other third parties, as appropriate.
       ``(D) Reporting and updates.--The Secretary shall post the 
     information about the interagency coordination plans under 
     paragraph (2) and associated goals publicly on the Department 
     of Education website. The plans shall have the goal of 
     progressively increasing the impact of the activities under 
     this paragraph by increasing the number of low-income 
     applicants for, and recipients of, Federal financial aid. The 
     plans shall be updated not less than once every 4 years.
       ``(3) Nationwide participation in early awareness plans.--
       ``(A) In general.--The Secretary shall solicit voluntary 
     public commitments from entities, such as States, State 
     systems of higher education, institutions of higher 
     education, and other interested organizations, to carry out 
     early awareness plans, which shall include goals, to--

[[Page S4822]]

       ``(i) notify prospective and existing students who are low-
     income individuals and families about their eligibility for 
     Federal aid under this title, as well as State-based 
     financial aid, if applicable, on an annual basis;
       ``(ii) increase the number of prospective and current 
     students who are low-income individuals and families filing 
     the Free Application for Federal Student Aid; and
       ``(iii) increase the number of prospective and current 
     students who are low-income individuals and families 
     enrolling in postsecondary education.
       ``(B) Reporting and updates.--Each entity that makes a 
     voluntary public commitment to carry out an early awareness 
     plan may submit quantitative and qualitative data based on 
     the entity's progress toward the goals of the plan annually 
     prior to a date selected by the Secretary.
       ``(C) Early awareness champions.--Based on data submitted 
     by entities, the Secretary shall select and designate 
     entities submitting public commitments, plans, and goals, as 
     Early Awareness Champions on an annual basis. Those entities 
     designated as Early Awareness Champions shall provide one or 
     more case studies regarding the activities the entity 
     undertook under this paragraph which shall be made public by 
     the Secretary on the Department of Education website to 
     promote best practices.
       ``(d) Public Awareness Campaign.--
       ``(1) In general.--The Secretary shall develop and 
     implement a public awareness campaign designed using current 
     and relevant independent research regarding strategies and 
     media platforms found to be most effective in communicating 
     with low-income populations in order to increase national 
     awareness regarding the availability of Federal Pell Grants 
     and financial aid under this title and, at the option of the 
     Secretary, potential availability of state need-based 
     financial aid.
       ``(2) Coordination.--The public awareness campaign 
     described in paragraph (1) shall leverage the activities in 
     subsections (b) and (c) to highlight eligibility among low-
     income populations. In developing and implementing the 
     campaign, the Secretary may work in coordination with States, 
     institutions of higher education, early intervention and 
     outreach programs under this title, other Federal agencies, 
     organizations involved in college access and student 
     financial aid, secondary schools, local educational agencies, 
     public libraries, community centers, businesses, employers, 
     workforce investment boards, and organizations that provide 
     services to individuals that are or were homeless, in foster 
     care, or are disconnected youth.
       ``(3) Reporting.--The Secretary shall report on the success 
     of the public awareness campaign described in paragraph (1) 
     annually regarding the extent to which the public and target 
     populations were reached using data commonly used to evaluate 
     advertising and outreach campaigns and data regarding whether 
     the campaign produced any increase in applicants for Federal 
     aid under this title publicly on the Department of Education 
     website.''.

     SEC. __. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 
                   APPLICATIONS.

       (a) Federal Pell Grants.--Beginning on the effective date 
     described in subsection (b), section 401 of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a) is amended to read as 
     follows:

     ``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 
                   APPLICATIONS.

       ``(a) Purpose; Definitions.--
       ``(1) Purpose.--The purpose of this subpart is to provide a 
     Federal Pell Grant to low-income students.
       ``(2) Definitions.--In this section--
       ``(A) the term `adjusted gross income' means--
       ``(i) in the case of a dependent student, the adjusted 
     gross income (as defined in section 62 of the Internal 
     Revenue Code of 1986) of the student's parents in the second 
     tax year preceding the academic year; and
       ``(ii) in the case of an independent student, the adjusted 
     gross income (as defined in section 62 of the Internal 
     Revenue Code of 1986) of the student (and the student's 
     spouse, if applicable) in the second tax year preceding the 
     academic year;
       ``(B) the term `family size' has the meaning given the term 
     in section 480(l);
       ``(C) the term `poverty line' means the poverty line (as 
     determined under the poverty guidelines updated periodically 
     in the Federal Register by the Department of Health and Human 
     Services under the authority of section 673(2) of the 
     Community Services Block Grant Act (42 U.S.C. 9902(2))) 
     applicable to the student's family size and applicable to the 
     second tax year preceding the academic year;
       ``(D) the term `single parent' means--
       ``(i) a parent of a dependent student who was a head of 
     household (as defined in section 2(b) of the Internal Revenue 
     Code of 1986) or a surviving spouse (as defined in section 
     2(a) of the Internal Revenue Code of 1986) or was an eligible 
     individual for purposes of the credit under section 32 of 
     such Code, in the second tax year preceding the academic 
     year; or
       ``(ii) an independent student who was a head of household 
     (as defined in section 2(b) of the Internal Revenue Code of 
     1986) or a surviving spouse (as defined in section 2(a) of 
     the Internal Revenue Code of 1986) or was an eligible 
     individual for purposes of the credit under section 32 of 
     such Code, in the second tax year preceding the academic 
     year;
       ``(E) the term `total maximum Federal Pell Grant' means the 
     total maximum Federal Pell Grant award per student for any 
     academic year described under paragraph (5); and
       ``(F) the term `minimum Federal Pell Grant' means the 
     minimum amount of a Federal Pell Grant that shall be awarded 
     to a student eligible under this subpart for any academic 
     year in which that student is attending full time, which 
     shall be equal to 10 percent of the total maximum Federal 
     Pell Grant for such academic year.
       ``(b) Amount and Distribution of Grants.--
       ``(1) Determination of amount of a federal pell grant.--
     Subject to paragraphs (2) and (3), the amount of a Federal 
     Pell Grant for a student eligible under this subpart shall be 
     determined in accordance with the following:
       ``(A) A student eligible under this subpart shall be 
     eligible for a total maximum Federal Pell Grant for an 
     academic year in which the student is enrolled in an eligible 
     program full time--
       ``(i) if the student or, in the case of a dependent 
     student, the dependent student's parent, is not required to 
     file a Federal income tax return in the second year preceding 
     the academic year;
       ``(ii) if the student or, in the case of a dependent 
     student, the dependent student's parent, is a single parent, 
     if the adjusted gross income is equal to or less than 225 
     percent of the poverty line; or
       ``(iii) if the student or, in the case of a dependent 
     student, the dependent student's parent, is not a single 
     parent, if the adjusted gross income is equal to or less than 
     175 percent of the poverty line.
       ``(B) A student eligible under this subpart who is not 
     eligible for a total maximum Federal Pell Grant under 
     subparagraph (A) for an academic year, shall be eligible for 
     a Federal Pell Grant for an academic year in which the 
     student is enrolled in an eligible program full time in an 
     amount that is not more than the amount determined in 
     accordance with the following:
       ``(i) If the student or, in the case of a dependent 
     student, the dependent student's parent, is a single parent 
     and the adjusted gross income is greater than 225 percent of 
     the poverty line and is less than 325 percent of the poverty 
     line, the amount shall be equal to the greater of--

       ``(I) the minimum Federal Pell Grant for the academic year; 
     and
       ``(II) the total maximum Federal Pell Grant for the 
     academic year, minus the product of--

       ``(aa) the adjusted gross income, less an amount equal to 
     225 percent of the poverty line; and
       ``(bb) the total maximum Federal Pell Grant for the 
     academic year, divided by an amount equal to 100 percent of 
     the poverty line.
       ``(ii) If the student or, in the case of a dependent 
     student, the dependent student's parent, is not a single 
     parent and the adjusted gross income is greater than 175 
     percent of the poverty line and is less than 275 percent of 
     the poverty line, the amount shall be equal to the greater 
     of--

       ``(I) the minimum Federal Pell Grant for the academic year; 
     and
       ``(II) the total maximum Federal Pell Grant for the 
     academic year, minus the product of--

       ``(aa) the adjusted gross income, less an amount equal to 
     175 percent of the poverty line; and
       ``(bb) the total maximum Federal Pell Grant for the 
     academic year, divided by an amount equal to 100 percent of 
     the poverty line.
       ``(2) Less than full-time enrollment.--In any case where a 
     student is enrolled in an eligible program of an institution 
     of higher education on less than a full-time basis (including 
     a student who attends an institution of higher education on 
     less than a half-time basis) during any academic year, the 
     amount of the Federal Pell Grant to which that student is 
     entitled shall be reduced in direct proportion to the degree 
     to which that student is not so enrolled on a full-time 
     basis, rounded to the nearest whole percentage point, as 
     provided in a schedule of reductions published by the 
     Secretary computed in accordance with this subpart. Such 
     schedule of reductions shall be published in the Federal 
     Register in accordance with section 482 of this Act. Such 
     reduced Federal Pell Grant for a student enrolled on a less 
     than full-time basis shall also apply proportionally to 
     students who are otherwise eligible to receive the minimum 
     Federal Pell Grant, if enrolled full-time.
       ``(3) Award may not exceed cost of attendance.--No Federal 
     Pell Grant under this subpart shall exceed the cost of 
     attendance (as defined in section 472) at the institution at 
     which that student is in attendance. If, with respect to any 
     student, it is determined that the amount of a Federal Pell 
     Grant for that student exceeds the cost of attendance for 
     that year, the amount of the Federal Pell Grant shall be 
     reduced until the Federal Pell Grant does not exceed the cost 
     of attendance at such institution.
       ``(4) Study abroad.--Notwithstanding any other provision of 
     this subpart, the Secretary shall allow the amount of the 
     Federal Pell Grant to be exceeded for students participating 
     in a program of study abroad approved for credit by the 
     institution at which the student is enrolled when the 
     reasonable costs of such program are greater than the cost of 
     attendance at the student's home institution, except that the 
     amount of such

[[Page S4823]]

     Federal Pell Grant in any fiscal year shall not exceed the 
     maximum amount of a Federal Pell Grant for which a student is 
     eligible under paragraph (1) or (2) during such award year. 
     If the preceding sentence applies, the financial aid 
     administrator at the home institution may use the cost of the 
     study abroad program, rather than the home institution's 
     cost, to determine the cost of attendance of the student.
       ``(5) Total maximum federal pell grant.--
       ``(A) In general.--For award year 2021-2022, and each 
     subsequent award year, the total maximum Federal Pell Grant 
     award per student shall be equal to the sum of--
       ``(i) $1,060; and
       ``(ii) the amount specified as the maximum Federal Pell 
     Grant in the last enacted appropriation Act applicable to 
     that award year.
       ``(B) Rounding.--The total maximum Federal Pell Grant for 
     any award year shall be rounded to the nearest $5.
       ``(6) Funds by fiscal year.--To carry out this section for 
     each of fiscal years 2021 through 2030--
       ``(A) there are authorized to be appropriated and are 
     appropriated (in addition to any other amounts appropriated 
     to carry out this section and out of any money in the 
     Treasury not otherwise appropriated) such sums as are 
     necessary to carry out paragraph (5)(A)(i); and
       ``(B) such sums as may be necessary are authorized to be 
     appropriated to carry out paragraph (5)(A)(ii).
       ``(7) Appropriation.--
       ``(A) In general.--In addition to any funds appropriated 
     under paragraph (6) and any funds made available for this 
     section under any appropriations Act, there are authorized to 
     be appropriated, and there are appropriated (out of any money 
     in the Treasury not otherwise appropriated) to carry out this 
     section, $1,145,000,000 for fiscal year 2021 and each 
     subsequent award year.
       ``(B) No effect on previous appropriations.--The amendments 
     made to this section by the Student Loan Repayment and FAFSA 
     Simplification Act shall not--
       ``(i) increase or decrease the amounts that have been 
     appropriated or are available to carry out this section for 
     fiscal year 2017, 2018, 2019, or 2020 as of the day before 
     the effective date of such Act; or
       ``(ii) extend the period of availability for obligation 
     that applied to any such amount, as of the day before such 
     effective date.
       ``(8) Method of distribution.--
       ``(A) In general.--For each fiscal year through fiscal year 
     2030, the Secretary shall pay to each eligible institution 
     such sums as may be necessary to pay each eligible student 
     for each academic year during which that student is in 
     attendance at an institution of higher education as an 
     undergraduate, a Federal Pell Grant in the amount for which 
     that student is eligible.
       ``(B) Alternative disbursement.--Nothing in this section 
     shall be interpreted to prohibit the Secretary from paying 
     directly to students, in advance of the beginning of the 
     academic term, an amount for which they are eligible, in the 
     cases where an eligible institution does not participate in 
     the disbursement system under subparagraph (A).
       ``(9) Additional payment periods in same award year.--
       ``(A) Effective in the 2017-2018 award year and thereafter, 
     the Secretary shall award an eligible student not more than 
     one and one-half Federal Pell Grants during a single award 
     year to permit such student to work toward completion of an 
     eligible program if, during that single award year, the 
     student has received a Federal Pell Grant for an award year 
     and is enrolled in an eligible program for one or more 
     additional payment periods during the same award year that 
     are not otherwise fully covered by the student's Federal Pell 
     Grant.
       ``(B) In the case of a student receiving more than one 
     Federal Pell Grant in a single award year under subparagraph 
     (A), the total amount of Federal Pell Grants awarded to such 
     student for the award year may exceed the total maximum 
     Federal Pell Grant available for an award year.
       ``(C) Any period of study covered by a Federal Pell Grant 
     awarded under subparagraph (A) shall be included in 
     determining a student's duration limit under subsection 
     (d)(5).
       ``(D) In any case where an eligible student is receiving a 
     Federal Pell Grant for a payment period that spans 2 award 
     years, the Secretary shall allow the eligible institution in 
     which the student is enrolled to determine the award year to 
     which the additional period shall be assigned, as it 
     determines is most beneficial to students.
       ``(c) Special Rule.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title, the total maximum Federal Pell Grant shall be 
     provided to a student described in paragraph (2).
       ``(2) Applicability.--Paragraph (1) shall apply to any 
     dependent or independent student--
       ``(A) who is eligible to receive a Federal Pell Grant for 
     the award year for which the determination is made;
       ``(B) whose parent or guardian was--
       ``(i) an individual who, on or after September 11, 2001, 
     died in the line of duty while serving on active duty as a 
     member of the Armed Forces; or
       ``(ii) actively serving as a public safety officer and died 
     in the line of duty while performing as a public safety 
     officer; and
       ``(C) who is less than 33 years of age.
       ``(3) Information.--Notwithstanding any other provision of 
     law, the Secretary shall establish the necessary data-sharing 
     agreements with the Secretary of Veterans Affairs and the 
     Secretary of Defense, as applicable, to provide the 
     information necessary to determine which students meet the 
     requirements of paragraph (2).
       ``(4) Treatment of pell amount.--Notwithstanding section 
     1212 of the Omnibus Crime Control and Safe Streets Act of 
     1968 (34 U.S.C. 10302), in the case of a student who receives 
     an increased Federal Pell Grant amount under this section, 
     the total amount of such Federal Pell Grant, including the 
     increase under this subsection, shall not be considered in 
     calculating that student's educational assistance benefits 
     under the Public Safety Officers' Benefits program under 
     subpart 2 of part L of title I of such Act.
       ``(5) Definition of public safety officer.--For purposes of 
     this subsection, the term `public safety officer' means--
       ``(A) a public safety officer, as defined in section 1204 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (34 U.S.C. 10284); or
       ``(B) a fire police officer, defined as an individual who--
       ``(i) is serving in accordance with State or local law as 
     an officially recognized or designated member of a legally 
     organized public safety agency;
       ``(ii) is not a law enforcement officer, a firefighter, a 
     chaplain, or a member of a rescue squad or ambulance crew; 
     and
       ``(iii) provides scene security or directs traffic--

       ``(I) in response to any fire drill, fire call, or other 
     fire, rescue, or police emergency; or
       ``(II) at a planned special event.

       ``(d) Period of Eligibility for Grants.--
       ``(1) In general.--The period during which a student may 
     receive Federal Pell Grants shall be the period required for 
     the completion of the first undergraduate baccalaureate 
     course of study being pursued by that student at the 
     institution at which the student is in attendance, except 
     that any period during which the student is enrolled in a 
     noncredit or remedial course of study, as described in 
     paragraph (2), shall not be counted for the purpose of this 
     paragraph.
       ``(2) Noncredit or remedial courses; study abroad.--Nothing 
     in this section shall exclude from eligibility courses of 
     study which are noncredit or remedial in nature (including 
     courses in English language instruction) which are determined 
     by the institution to be necessary to help the student be 
     prepared for the pursuit of a first undergraduate 
     baccalaureate degree or certificate or, in the case of 
     courses in English language instruction, to be necessary to 
     enable the student to utilize already existing knowledge, 
     training, or skills. Nothing in this section shall exclude 
     from eligibility programs of study abroad that are approved 
     for credit by the home institution at which the student is 
     enrolled.
       ``(3) No concurrent payments.--No student is entitled to 
     receive Pell Grant payments concurrently from more than one 
     institution or from the Secretary and an institution.
       ``(4) Postbaccalaureate program.--Notwithstanding paragraph 
     (1), the Secretary may allow, on a case-by-case basis, a 
     student to receive a Federal Pell Grant if the student--
       ``(A) is carrying at least one-half the normal full-time 
     work load for the course of study the student is pursuing, as 
     determined by the institution of higher education; and
       ``(B) is enrolled or accepted for enrollment in a 
     postbaccalaureate program that does not lead to a graduate 
     degree, and in courses required by a State in order for the 
     student to receive a professional certification or licensing 
     credential that is required for employment as a teacher in an 
     elementary school or secondary school in that State,

     except that this paragraph shall not apply to a student who 
     is enrolled in an institution of higher education that offers 
     a baccalaureate degree in education.
       ``(5) Maximum period.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the period during which a student may receive Federal Pell 
     Grants shall not exceed 12 semesters, or the equivalent of 12 
     semesters, as determined by the Secretary by regulation. Such 
     regulations shall provide, with respect to a student who 
     received a Federal Pell Grant for a term but was enrolled at 
     a fraction of full time, that only that same fraction of such 
     semester or equivalent shall count towards such duration 
     limits.
       ``(B) Exception.--
       ``(i) In general.--Any Federal Pell Grant that a student 
     received during a period described in subclause (I) or (II) 
     of clause (ii) shall not count towards the student's duration 
     limits under this paragraph.
       ``(ii) Applicable periods.--Clause (i) shall apply with 
     respect to any Federal Pell Grant awarded to a student to 
     enroll in an eligible program at an institution--

       ``(I) during a period of a student's attendance at an 
     institution--

       ``(aa) at which the student was unable to complete a course 
     of study due to the closing of the institution; or
       ``(bb) for which the student was falsely certified as 
     eligible for Federal aid under this title; or

       ``(II) during a period--

       ``(aa) for which the student received a loan under this 
     title; and
       ``(bb) for which the loan described in item (aa) is 
     discharged under--
       ``(AA) section 437(c)(1) or section 464(g)(1); or

[[Page S4824]]

       ``(BB) section 432(a)(6).
       ``(e) Applications for Grants.--
       ``(1) Deadlines.--The Secretary shall from time to time set 
     dates by which students shall file the Free Application for 
     Federal Student Aid under this subpart.
       ``(2) Application.--Each student desiring a Federal Pell 
     Grant for any year shall file the Free Application for 
     Federal Student Aid containing the information necessary to 
     enable the Secretary to carry out the functions and 
     responsibilities of this subpart.
       ``(f) Distribution of Grants to Students.--Payments under 
     this section shall be made in accordance with regulations 
     promulgated by the Secretary for such purpose, in such manner 
     as will best accomplish the purpose of this section. Any 
     disbursement allowed to be made by crediting the student's 
     account shall be limited to tuition and fees, and food and 
     housing if that food and housing is institutionally owned or 
     operated. The student may elect to have the institution 
     provide other such goods and services by crediting the 
     student's account.
       ``(g) Insufficient Appropriations.--If, for any fiscal 
     year, the funds appropriated for payments under this subpart 
     are insufficient to satisfy fully all entitlements, as 
     calculated under subsection (b) (but at the maximum grant 
     level specified in such appropriation), the Secretary shall 
     promptly transmit a notice of such insufficiency to each 
     House of the Congress, and identify in such notice the 
     additional amount that would be required to be appropriated 
     to satisfy fully all entitlements (as so calculated at such 
     maximum grant level).
       ``(h) Use of Excess Funds.--
       ``(1) 15 percent or less.--If, at the end of a fiscal year, 
     the funds available for making payments under this subpart 
     exceed the amount necessary to make the payments required 
     under this subpart to eligible students by 15 percent or 
     less, then all of the excess funds shall remain available for 
     making payments under this subpart during the next succeeding 
     fiscal year.
       ``(2) More than 15 percent.--If, at the end of a fiscal 
     year, the funds available for making payments under this 
     subpart exceed the amount necessary to make the payments 
     required under this subpart to eligible students by more than 
     15 percent, then all of such funds shall remain available for 
     making such payments but payments may be made under this 
     paragraph only with respect to entitlements for that fiscal 
     year.
       ``(i) Treatment of Institutions and Students Under Other 
     Laws.--Any institution of higher education which enters into 
     an agreement with the Secretary to disburse to students 
     attending that institution the amounts those students are 
     eligible to receive under this subpart shall not be deemed, 
     by virtue of such agreement, a contractor maintaining a 
     system of records to accomplish a function of the Secretary. 
     Recipients of Pell Grants shall not be considered to be 
     individual grantees for purposes of subtitle D of title V of 
     Public Law 100-690.
       ``(j) Institutional Ineligibility Based on Default Rates.--
       ``(1) In general.--No institution of higher education shall 
     be an eligible institution for purposes of this subpart if 
     such institution of higher education is ineligible to 
     participate in a loan program under part B or D as a result 
     of a final default rate determination made by the Secretary 
     under part B or D after the final publication of cohort 
     default rates for fiscal year 1996 or a succeeding fiscal 
     year.
       ``(2) Sanctions subject to appeal opportunity.--No 
     institution may be subject to the terms of this subsection 
     unless the institution has had the opportunity to appeal the 
     institution's default rate determination under regulations 
     issued by the Secretary for the loan program authorized under 
     part B or D, as applicable. This subsection shall not apply 
     to an institution that was not participating in the loan 
     program authorized under part B or D on October 7, 1998, 
     unless the institution subsequently participates in the loan 
     programs.''.
       (b) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on July 1, 2021.
                                 ______
                                 
  SA 2534. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    TITLE II--CAPTA REAUTHORIZATION

        Subtitle A--Findings; Definitions; Technical Amendments

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``CAPTA Reauthorization Act 
     of 2020''.

     SEC. 202. FINDINGS.

       Section 2 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5101 note) is amended--
       (1) in paragraph (1), by striking ``2008, approximately 
     772,000'' and inserting ``2017, approximately 674,000'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by striking ``close to \1/3\'' and inserting ``75 
     percent''; and
       (ii) by striking ``2008'' and inserting ``2017''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) investigations have determined that approximately 75 
     percent of children who were victims of maltreatment in 
     fiscal year 2017 suffered neglect, 18 percent suffered 
     physical abuse, and 9 percent suffered sexual abuse;'';
       (3) in paragraph (3)--
       (A) in subparagraph (B), by striking ``2008, an estimated 
     1,740'' and inserting ``2017, an estimated 1,720''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(C) in fiscal year 2017, children younger than 1 year old 
     comprised nearly one half of child maltreatment fatalities 
     and 72 percent of child maltreatment fatalities were younger 
     than 3 years of age;'';
       (4) in paragraph (4)(B)--
       (A) by striking ``37'' and inserting ``40''; and
       (B) by striking ``2008'' and inserting ``2017'';
       (5) in paragraph (5), by striking ``, American Indian 
     children, Alaska Native children, and children of multiple 
     races and ethnicities'' and inserting ``and Indian children, 
     including Alaska Native children,'';
       (6) in paragraph (6)--
       (A) in subparagraph (A), by inserting ``to strengthen 
     families'' before the semicolon; and
       (B) in subparagraph (C), by striking ``neighborhood'' and 
     inserting ``community'';
       (7) in paragraph (11), by inserting ``trauma-informed,'' 
     after ``comprehensive,''; and
       (8) in paragraph (15)--
       (A) in subparagraph (D), by striking ``implementing 
     community plans'' and inserting ``supporting community-based 
     programs to strengthen and support families in order to 
     prevent child abuse and neglect''; and
       (B) by amending subparagraph (E) to read as follows:
       ``(E) improving professional, paraprofessional, and 
     volunteer resources to strengthen the child welfare 
     workforce; and''.

     SEC. 203. GENERAL DEFINITIONS.

       Section 3 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5101 note) is amended--
       (1) in paragraph (7), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `underserved or overrepresented groups in 
     the child welfare system' includes youth that enter the child 
     welfare system following family rejection, parental 
     abandonment, sexual abuse or sexual exploitation, or 
     unaccompanied homelessness.''.

     SEC. 204. TECHNICAL AMENDMENTS.

       The Child Abuse Prevention and Treatment Act (42 U.S.C. 
     5101 et seq.) is amended--
       (1) in section 3 (42 U.S.C. 5101 note), by amending 
     paragraph (5) to read as follows:
       ``(5) the terms `Indian', `Indian Tribe', and `Tribal 
     organization' have the meanings given the terms `Indian', 
     `Indian tribe', and `tribal organization', respectively, in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304);'';
       (2) by striking ``tribe'' each place such term appears 
     (other than section 3(5)) and inserting ``Tribe''; and
       (3) by striking ``tribal'' each place such term appears 
     (other than section 3(5)) and inserting ``Tribal''.

                      Subtitle B--General Program

     SEC. 211. INTERAGENCY WORK GROUP ON CHILD ABUSE AND NEGLECT.

       Section 102 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5102) is amended to read as follows:

     ``SEC. 102. INTERAGENCY WORK GROUP ON CHILD ABUSE AND 
                   NEGLECT.

       ``(a) Establishment.--The Secretary may continue the work 
     group known as the Interagency Work Group on Child Abuse and 
     Neglect (referred to in this section as the `Work Group').
       ``(b) Composition.--The Work Group shall be comprised of 
     representatives from Federal agencies with responsibility for 
     child abuse and neglect related programs and activities.
       ``(c) Duties.--The Work Group shall--
       ``(1) coordinate Federal efforts and activities with 
     respect to child abuse and neglect prevention and treatment;
       ``(2) serve as a forum that convenes relevant Federal 
     agencies to communicate and exchange ideas concerning child 
     abuse and neglect related programs and activities; and
       ``(3) further coordinate Federal efforts and activities to 
     maximize resources to address child abuse and neglect in 
     areas of critical needs for the field, such as improving 
     research, focusing on prevention, and addressing the links 
     between child abuse and neglect and domestic violence.''.

     SEC. 212. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       Section 103 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5104) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``effective programs'' 
     and inserting ``evidence-based and evidence-informed 
     programs'';
       (B) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively;
       (C) by inserting after paragraph (3) the following:
       ``(4) maintain and disseminate information on best 
     practices to support children being cared for by relative 
     caregivers, including

[[Page S4825]]

     such children whose living arrangements with relative 
     caregivers occurred without the involvement of a child 
     welfare agency;'';
       (D) in paragraph (5), as so redesignated, by inserting ``, 
     including efforts to prevent child abuse and neglect'' before 
     the semicolon;
       (E) in paragraph (7), as so redesignated--
       (i) in subparagraph (A), by striking the semicolon and 
     inserting ``, including among at-risk populations, such as 
     young parents, parents with young children, and parents who 
     are adult former victims of domestic violence or child abuse 
     or neglect; and'';
       (ii) by striking subparagraph (B);
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B); and
       (iv) in subparagraph (B), as so redesignated, by striking 
     ``abuse'' and inserting ``use disorder'';
       (F) in paragraph (8), as so redesignated--
       (i) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (ii) by inserting after subparagraph (A) the following:
       ``(B) best practices in child protection workforce 
     development and retention;''; and
       (iii) in subparagraph (C), as so redesignated, by striking 
     ``mitigate psychological'' and inserting ``prevent and 
     mitigate the effects of''; and
       (G) in subparagraph (B) of paragraph (9), as so 
     redesignated, by striking ``abuse'' and inserting ``use 
     disorder''; and
       (2) in subsection (c)--
       (A) in the heading, by inserting ``; Data Collection and 
     Analysis'' after ``Resources'';
       (B) in paragraph (1)(C)--
       (i) in clause (ii), by striking the semicolon and inserting 
     ``, including--

       ``(I) the number of child fatalities, and (as applicable 
     and practicable) near fatalities, due to child abuse and 
     neglect reported by various sources, including information 
     from the State child welfare agency and from the State child 
     death review program or any other source that compiles State 
     data, including vital statistics death records, State and 
     local medical examiner and coroner office records, and 
     uniform crime reports from local law enforcement; and
       ``(II) data, to the extent practicable, about the 
     circumstances under which a child fatality, or (as applicable 
     and practicable) near fatality, occurred due to child abuse 
     and neglect, including the cause of the death listed on the 
     death certificate in the case of a child fatality, whether 
     the child was referred to the State child welfare agency, the 
     child's placement at the time (as applicable), the 
     determination made by the child welfare agency (as 
     applicable), and any known previous maltreatment of children 
     by the perpetrator;''; and

       (ii) in clause (iv), by striking ``substance abuse'' and 
     inserting ``substance use disorder''; and
       (C) in subparagraph (F), by striking ``abused and neglected 
     children'' and inserting ``victims of child abuse or 
     neglect''.

     SEC. 213. RESEARCH AND ASSISTANCE ACTIVITIES.

       Section 104 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5105) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the heading, by striking ``Topics'' and inserting 
     ``In general'';
       (ii) in the matter preceding subparagraph (A)--

       (I) by striking ``consultation with other Federal agencies 
     and'' and inserting ``coordination with applicable Federal 
     agencies and in consultation with''; and
       (II) by inserting ``, including information on primary 
     prevention of child abuse and neglect,'' before ``and to 
     improve'';

       (iii) by striking subparagraphs (C), (E), (I), (J), and 
     (N);
       (iv) by redesignating subparagraphs (D), (F), (G), (H), 
     (K), (L), and (M) as subparagraphs (F) through (L), 
     respectively;
       (v) by inserting after subparagraph (B) the following:
       ``(C) evidence-based and evidence-informed programs to 
     prevent child abuse and neglect in families that have not had 
     contact with the child welfare system;
       ``(D) best practices in recruiting, training, and retaining 
     a child protection workforce that addresses identified needs;
       ``(E) options for updating technology of outdated devices 
     and data systems to improve communication, including 
     facilitating timely information sharing, between systems that 
     are designed to serve children and families;'';
       (vi) in subparagraph (G), as so redesignated, by striking 
     ``and the juvenile justice system that improve the delivery 
     of services and treatment, including methods'' and inserting 
     ``, the juvenile justice system, and other relevant agencies 
     engaged with children and families that improve the delivery 
     of services and treatment, including related to domestic 
     violence or mental health and substance use disorders,'';
       (vii) in subparagraph (L), as so redesignated--

       (I) by inserting ``underserved or overrepresented groups in 
     the child welfare system or'' after ``facing''; and
       (II) by striking ``Indian tribes and Native Hawaiian'' and 
     inserting ``such'';

       (viii) by inserting after subparagraph (L), as so 
     redesignated, the following:
       ``(M) methods to address geographic, racial, and cultural 
     disparities in the child welfare system, including a focus on 
     access to services;''; and
       (ix) by redesignating subparagraph (O) as subparagraph (N); 
     and
       (B) in paragraph (2), by striking ``paragraph (1)(O)'' and 
     inserting ``paragraph (1)(N) and analyses based on data from 
     previous years of surveys of national incidence under this 
     Act'';
       (C) in paragraph (3)--
       (i) by striking ``of 2010'' and inserting ``of 2019'';
       (ii) by striking ``Education and the Workforce'' and 
     inserting ``Education and Labor''; and
       (iii) by striking ``that contains the results of the 
     research conducted under paragraph (2).'' and inserting 
     ``that--
       ``(A) identifies the research priorities under paragraph 
     (4) and the process for determining such priorities;
       ``(B) contains a summary of the research supported pursuant 
     to paragraph (1);
       ``(C) contains the results of the research conducted under 
     paragraph (2); and
       ``(D) describes how the Secretary will continue to improve 
     the accuracy of information on the national incidence on 
     child abuse and neglect specified in paragraph (2).'';
       (D) in subparagraph (B) of the first paragraph (4) 
     (relating to priorities)--
       (i) by striking ``1 years'' and inserting ``1 year''; and
       (ii) by inserting ``, at least 30 days prior to publishing 
     the final priorities,'' after ``subparagraph (A)''; and
       (E) by striking the second paragraph (4) (relating to a 
     study on shaken baby syndrome), as added by section 113(a)(5) 
     of the CAPTA Reauthorization Act of 2010 (Public Law 111-
     320);
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting ``or underserved or overrepresented groups 
     in the child welfare system'' after ``children with 
     disabilities'' ; and
       (ii) by striking ``substance abuse'' and inserting 
     ``substance use disorder'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Content.--The technical assistance under paragraph 
     (1) shall be designed to, as applicable--
       ``(A) promote best practices for addressing child abuse and 
     neglect in families with complex needs, such as families who 
     have experienced domestic violence, substance use disorders, 
     and adverse childhood experiences;
       ``(B) provide training for child protection workers in 
     trauma-informed practices and supports that prevent and 
     mitigate the effects of trauma for infants, children, youth, 
     and adults;
       ``(C) reduce geographic, racial, and cultural disparities 
     in child protection systems, which may include engaging law 
     enforcement, education, and health systems, and other 
     systems;
       ``(D) leverage community-based resources to prevent child 
     abuse and neglect, including resources regarding health 
     (including mental health and substance use disorder), 
     housing, parent support, financial assistance, early 
     childhood education and care, and education services, and 
     other services to assist families;
       ``(E) provide other technical assistance, as determined by 
     the Secretary in consultation with such State and local 
     public and private agencies and community-based organizations 
     as the Secretary determines appropriate; and
       ``(F) promote best practices for maximizing coordination 
     and communication between State and local child welfare 
     agencies and relevant health care entities, consistent with 
     all applicable Federal and State privacy laws.'';
       (D) in paragraph (3), as so redesignated--
       (i) in subparagraph (B), by striking ``mitigate 
     psychological'' and inserting ``prevent and mitigate the 
     effects of''; and
       (ii) in subparagraph (D), by striking ``and developmental 
     services'' and inserting ``developmental services, and early 
     intervention''; and
       (E) in subparagraph (B) of paragraph (4), as so 
     redesignated--
       (i) by striking ``substance abuse'' and inserting 
     ``substance use disorder''; and
       (ii) by striking ``and domestic violence services 
     personnel'' and inserting ``domestic violence services 
     personnel, and personnel from relevant youth-serving and 
     religious organizations,'';
       (3) in subsection (c)(3), by inserting ``, which may 
     include applications related to research on primary 
     prevention of child abuse and neglect'' before the period; 
     and
       (4) by striking subsection (e).

     SEC. 214. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 
                   ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES 
                   AND ORGANIZATIONS.

       Section 105 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106) is amended to read as follows:

     ``SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 
                   ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES 
                   AND ORGANIZATIONS.

       ``(a) Authority to Award Grants or Enter Into Contracts.--
     The Secretary may award grants, and enter into contracts, for 
     programs and projects in accordance with this section, for 
     any of the following purposes:

[[Page S4826]]

       ``(1) Capacity building, in order to create coordinated, 
     inclusive, and collaborative systems that have statewide, 
     local, or community-based impact in preventing, reducing, and 
     treating child abuse and neglect.
       ``(2) Innovation, through time-limited, field-initiated 
     demonstration projects that further the understanding of the 
     field to reduce child abuse and neglect.
       ``(3) Plans of safe care grants to improve and coordinate 
     State responses to ensure the safety, permanency, and well-
     being of infants affected by substance use.
       ``(b) Capacity Building Grant Program.--
       ``(1) In general.--The Secretary may award grants or 
     contracts to an eligible entity that is a State or local 
     agency, Indian Tribe or Tribal organization, a nonprofit 
     entity, or a consortium of such entities.
       ``(2) Applications.--To be eligible to receive a grant or 
     contract under this subsection, an entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(3) Uses of funds.--An eligible entity receiving a grant 
     or contract under this subsection shall use the grant funds 
     to better align and coordinate community-based, local, or 
     State activities to strengthen families and prevent child 
     abuse and neglect, by--
       ``(A) training professionals in prevention, identification, 
     and treatment of child abuse and neglect, which may include--
       ``(i) training of professional and paraprofessional 
     personnel in the fields of health care, medicine, law 
     enforcement, judiciary, social work and child protection, 
     education, early childhood care and education, and other 
     relevant fields, or individuals such as court appointed 
     special advocates (CASAs) and guardians ad litem, who are 
     engaged in, or intend to work in, the field of prevention, 
     identification, and treatment of child abuse and neglect, 
     including training on the links between child abuse and 
     neglect and domestic violence and approaches to working with 
     families with substance use disorder;
       ``(ii) training on evidence-based and evidence-informed 
     programs to improve child abuse and neglect reporting by 
     adults, with a focus on adults who work with children in a 
     professional or volunteer capacity, which may include those 
     in a leadership role within such organizations, including on 
     recognizing and responding to child sexual abuse;
       ``(iii) training of personnel in best practices to meet the 
     unique needs and development of special populations of 
     children, including those with disabilities, and children 
     under the age of 3, including training on promoting 
     interagency collaboration;
       ``(iv) improving the training of supervisory child welfare 
     workers on best practices for recruiting, selecting, and 
     retaining personnel;
       ``(v) enabling State child welfare and child protection 
     agencies to coordinate the provision of services with State 
     and local health care agencies, substance use disorder 
     prevention and treatment agencies, mental health agencies, 
     other public and private welfare agencies, and agencies that 
     provide early intervention services to promote child safety, 
     permanence, and family stability, which may include training 
     on improving coordination between agencies to meet health 
     evaluation and treatment needs of children who have been 
     victims of substantiated cases of child abuse or neglect;
       ``(vi) training of personnel in best practices relating to 
     the provision of differential response; or
       ``(vii) training for child welfare professionals to reduce 
     and prevent discrimination (including training related to 
     implicit biases) in the provision of child protection and 
     child welfare services related to child abuse and neglect;
       ``(B) enhancing systems coordination (including information 
     systems) and triage procedures, including improving State 
     child abuse and neglect registries, for responding to reports 
     of child abuse and neglect, which include programs of 
     collaborative partnerships between the State child protective 
     services agency, community social service agencies and 
     community-based family support programs, law enforcement 
     agencies and legal systems, developmental disability 
     agencies, substance use disorder treatment agencies, health 
     care entities, domestic violence prevention entities, mental 
     health service entities, schools, places of worship, and 
     other community-based agencies, such as children's advocacy 
     centers, in accordance with all applicable Federal and State 
     privacy laws, to allow for the establishment or improvement 
     of a coordinated triage system; or
       ``(C) building coordinated community-level systems of 
     support for children, parents, and families through 
     prevention services in order to strengthen families and 
     connect families to the services and supports relevant to 
     their diverse needs and interests, including needs related to 
     substance use disorder prevention.
       ``(D) improving State child abuse and neglect registries, 
     including related to updating such registry on a regular 
     basis to improve the accuracy of such records, and 
     facilitating communication between States, as appropriate, to 
     allow for more accurate and efficient exchange of child abuse 
     and neglect records for purposes of child abuse and neglect 
     investigations and consistent with State laws; or
       ``(E) supporting the ongoing operation of a 24-hour, 
     national, toll-free telephone hotline to improve capacity to 
     provide crisis intervention and information services, 
     including through implementation of other communication 
     technologies to improve access, for victims and other 
     information seekers.
       ``(c) Field-initiated Innovation Grant Program.--
       ``(1) In general.--The Secretary may award grants to 
     entities that are States or local agencies, Indian Tribes or 
     Tribal organizations, or public or private agencies or 
     organizations (or combinations of such entities) for field-
     initiated demonstration projects of up to 5 years that 
     advance innovative approaches to prevent, reduce, or treat 
     child abuse and neglect.
       ``(2) Applications.--To be eligible to receive a grant 
     under this subsection, an entity shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require, including a 
     rigorous methodological approach to the evaluation of the 
     grant.
       ``(3) Use of funds.--An entity that receives a grant under 
     this subsection shall use the funds made available through 
     the grant to carry out or bring to scale promising, evidence-
     informed, or evidence-based activities to prevent, treat, or 
     reduce child abuse and neglect that shall include one or more 
     of the following:
       ``(A) Multidisciplinary systems of care to strengthen 
     families and prevent child abuse and neglect, and primary 
     prevention programs or strategies aimed at reducing the 
     prevalence of child abuse and neglect.
       ``(B) Projects for the development of new research-based 
     strategies for risk and safety assessments and ongoing 
     evaluation and reassessment of performance and accuracy of 
     existing risk and safety assessment tools, including to 
     improve practices utilized by child protective services 
     agencies, which may include activities to reduce and prevent 
     bias in such practices.
       ``(C) Projects that involve research-based strategies for 
     innovative training for mandated child abuse and neglect 
     reporters, which may include training that is specific to the 
     mandated individual's profession or role when working with 
     children.
       ``(D) Projects to improve awareness of child welfare 
     professionals and volunteers in the child welfare system and 
     the public about--
       ``(i) child abuse or neglect under State law;
       ``(ii) the responsibilities of individuals required to 
     report suspected and known incidents of child abuse or 
     neglect under State law, as applicable; and
       ``(iii) the resources available to help prevent child abuse 
     and neglect.
       ``(E) Programs that promote safe, trauma-informed, and 
     family-friendly physical environments for visitation and 
     exchange--
       ``(i) for court-ordered, supervised visitation between 
     children and abusing parents; and
       ``(ii) to facilitate the safe exchange of children for 
     visits with noncustodial parents in cases of domestic 
     violence.
       ``(F) Innovative programs, activities, and services that 
     are aligned with the research priorities identified under 
     section 104(a)(4).
       ``(G) Projects to improve implementation of best practices 
     to assist medical professionals in identifying, assessing, 
     and responding to potential abuse in infants, including 
     regarding referrals to child protective services as 
     appropriate and identifying injuries indicative of potential 
     abuse in infants, and to assess the outcomes of such best 
     practices.
       ``(H) Projects to establish or implement evidence-based or 
     evidence-informed child sexual abuse awareness and prevention 
     programs for parents, guardians, children (including in 
     schools), and teachers and other professionals, including on 
     recognizing and safely reporting such abuse.
       ``(I) Projects to improve the quality of data that child 
     welfare agencies and State child death review programs 
     collect on child fatalities, and (as applicable and 
     practicable) near fatalities, due to child abuse and neglect, 
     including through data system improvements, cross-agency 
     collaboration and data sharing, and related program 
     evaluation activities, in a manner that, at a minimum, 
     protects personal privacy to the extent required by 
     applicable Federal and State privacy laws.
       ``(d) Grants to States to Improve and Coordinate Their 
     Response to Ensure the Safety, Permanency, and Well-being of 
     Infants Affected by Substance Use.--
       ``(1) Program authorized.--The Secretary is authorized to 
     make grants to States for the purpose of assisting child 
     welfare agencies, social services agencies, substance use 
     disorder treatment agencies, hospitals with labor and 
     delivery units, medical staff, public health and mental 
     health agencies, and maternal and child health agencies to 
     facilitate collaboration in developing, updating, 
     implementing, and monitoring plans of safe care described in 
     section 106(b)(2)(B)(iii). Section 112(a)(2) shall not apply 
     to the program authorized under this paragraph.
       ``(2) Distribution of funds.--
       ``(A) Reservations.--Of the amounts made available to carry 
     out paragraph (1), the Secretary shall reserve--
       ``(i) no more than 3 percent for the purposes described in 
     paragraph (7); and
       ``(ii) up to 3 percent for grants to Indian Tribes and 
     Tribal organizations to address the needs of infants born 
     with, and identified as being affected by, substance abuse or 
     withdrawal symptoms resulting from prenatal drug exposure or 
     a fetal alcohol spectrum disorder and their families or 
     caregivers, which, to the extent practicable,

[[Page S4827]]

     shall be consistent with the uses of funds described under 
     paragraph (4).
       ``(B) Allotments to states and territories.--The Secretary 
     shall allot the amount made available to carry out paragraph 
     (1) that remains after application of subparagraph (A) to 
     each State that applies for such a grant, in an amount equal 
     to the sum of--
       ``(i) $500,000; and
       ``(ii) an amount that bears the same relationship to any 
     funds made available to carry out paragraph (1) and remaining 
     after application of subparagraph (A), as the number of live 
     births in the State in the previous calendar year bears to 
     the number of live births in all States in such year.
       ``(C) Ratable reduction.--If the amount made available to 
     carry out paragraph (1) is insufficient to satisfy the 
     requirements of subparagraph (B), the Secretary shall ratably 
     reduce each allotment to a State.
       ``(3) Application.--A State desiring a grant under this 
     subsection shall submit an application to the Secretary at 
     such time and in such manner as the Secretary may require. 
     Such application shall include--
       ``(A) a description of--
       ``(i) the impact of substance use disorder in such State, 
     including with respect to the substance or class of 
     substances with the highest incidence of abuse in the 
     previous year in such State, including--

       ``(I) the prevalence of substance use disorder in such 
     State;
       ``(II) the aggregate rate of births in the State of infants 
     affected by substance abuse or withdrawal symptoms or a fetal 
     alcohol spectrum disorder (as determined by hospitals, 
     insurance claims, claims submitted to the State Medicaid 
     program, or other records), if available and to the extent 
     practicable; and
       ``(III) the number of infants identified, for whom a plan 
     of safe care was developed, and for whom a referral was made 
     for appropriate services, as reported under section 
     106(d)(18);

       ``(ii) the challenges the State faces in developing, 
     implementing, and monitoring plans of safe care in accordance 
     with section 106(b)(2)(B)(iii);
       ``(iii) the State's lead agency for the grant program and 
     how that agency will coordinate with relevant State entities 
     and programs, including the child welfare agency, the State 
     substance abuse agency, hospitals with labor and delivery 
     units, health care providers, the public health and mental 
     health agencies, programs funded by the Substance Abuse and 
     Mental Health Services Administration that provide substance 
     use disorder treatment for women, the State Medicaid program, 
     the State agency administering the block grant program under 
     title V of the Social Security Act (42 U.S.C. 701 et seq.), 
     the State agency administering the programs funded under part 
     C of the Individuals with Disabilities Education Act (20 
     U.S.C. 1431 et seq.), the maternal, infant, and early 
     childhood home visiting program under section 511 of the 
     Social Security Act (42 U.S.C. 711), the State judicial 
     system, and other agencies, as determined by the Secretary, 
     and Indian Tribes and Tribal organizations, as appropriate, 
     to develop the application under this paragraph, implement 
     the activities under paragraph (4), and develop reports under 
     paragraph (5);
       ``(iv) how the State will monitor local development and 
     implementation of plans of safe care, in accordance with 
     section 106(b)(2)(B)(iii)(II), including how the State will 
     monitor to ensure plans of safe care address differences 
     between substance use disorder and medically supervised 
     substance use, including for the treatment of a substance use 
     disorder;
       ``(v) if applicable, how the State plans to utilize funding 
     authorized under part E of title IV of the Social Security 
     Act (42 U.S.C. 670 et seq.) to assist in carrying out any 
     plan of safe care, including such funding authorized under 
     section 471(e) of such Act (as in effect on October 1, 2018) 
     for mental health and substance abuse prevention and 
     treatment services and in-home parent skill-based programs 
     and funding authorized under such section 472(j) (as in 
     effect on October 1, 2018) for children with a parent in a 
     licensed residential family-based treatment facility for 
     substance abuse; and
       ``(vi) an assessment of the treatment and other services 
     and programs available in the State to effectively carry out 
     any plan of safe care developed, including identification of 
     needed treatment, and other services and programs to ensure 
     the well-being of young children and their families affected 
     by substance use disorder, such as programs carried out under 
     part C of the Individuals with Disabilities Education Act (20 
     U.S.C. 1431 et seq.) and comprehensive early childhood 
     development services and programs such as Head Start 
     programs;
       ``(B) a description of how the State plans to use funds for 
     activities described in paragraph (4) for the purposes of 
     ensuring State compliance with requirements under clauses 
     (ii) and (iii) of section 106(b)(2)(B); and
       ``(C) an assurance that the State will comply with 
     requirements to refer a child identified as substance-exposed 
     to early intervention services as required pursuant to a 
     grant under part C of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1431 et seq.).
       ``(4) Uses of funds.--Funds awarded to a State under this 
     subsection may be used for the following activities, which 
     may be carried out by the State directly, or through grants 
     or subgrants, contracts, or cooperative agreements:
       ``(A) Improving State and local systems with respect to the 
     development and implementation of plans of safe care, which--
       ``(i) shall include parent and caregiver engagement, as 
     required under section 106(b)(2)(B)(iii)(I), regarding 
     available treatment and service options, which may include 
     resources available for pregnant, perinatal, and postnatal 
     women; and
       ``(ii) may include activities such as--

       ``(I) developing policies, procedures, or protocols for the 
     administration or development of evidence-based and validated 
     screening tools for infants who may be affected by substance 
     use withdrawal symptoms or a fetal alcohol spectrum disorder 
     and pregnant, perinatal, and postnatal women whose infants 
     may be affected by substance use withdrawal symptoms or a 
     fetal alcohol spectrum disorder;
       ``(II) improving assessments used to determine the needs of 
     the infant and family;
       ``(III) improving ongoing case management services;
       ``(IV) improving access to treatment services, which may be 
     prior to the pregnant woman's delivery date; and
       ``(V) keeping families safely together when it is in the 
     best interest of the child.

       ``(B) Developing policies, procedures, or protocols in 
     consultation and coordination with health professionals, 
     public and private health facilities, and substance use 
     disorder treatment agencies to ensure that--
       ``(i) appropriate notification to child protective services 
     is made in a timely manner, as required under section 
     106(b)(2)(B)(ii);
       ``(ii) a plan of safe care is in place, in accordance with 
     section 106(b)(2)(B)(iii), before the infant is discharged 
     from the birth or health care facility; and
       ``(iii) such health professionals and related agency 
     professionals are trained on how to follow such protocols and 
     are aware of the supports that may be provided under a plan 
     of safe care.
       ``(C) Training health professionals and health system 
     leaders, child welfare workers, substance use disorder 
     treatment agencies, and other related professionals such as 
     home visiting agency staff and law enforcement in relevant 
     topics including--
       ``(i) State mandatory reporting laws established under 
     section 106(b)(2)(B)(i) and the referral and process 
     requirements for notification to child protective services 
     when child abuse or neglect reporting is not mandated;
       ``(ii) the co-occurrence of pregnancy and substance use 
     disorder, and implications of prenatal exposure;
       ``(iii) the clinical guidance about treating substance use 
     disorder in pregnant and postpartum women;
       ``(iv) appropriate screening and interventions for infants 
     affected by substance use disorder, withdrawal symptoms, or a 
     fetal alcohol spectrum disorder and the requirements under 
     section 106(b)(2)(B)(iii); and
       ``(v) appropriate multigenerational strategies to address 
     the mental health needs of the parent and child together.
       ``(D) Establishing partnerships, agreements, or memoranda 
     of understanding between the lead agency and other entities 
     (including health professionals, health facilities, child 
     welfare professionals, juvenile and family court judges, 
     substance use and mental disorder treatment programs, early 
     childhood education programs, maternal and child health and 
     early intervention professionals (including home visiting 
     providers), peer-to-peer recovery programs such as parent 
     mentoring programs, and housing agencies) to facilitate the 
     implementation of, and compliance with, section 106(b)(2) and 
     subparagraph (B) of this paragraph, in areas which may 
     include--
       ``(i) developing a comprehensive, multi-disciplinary 
     assessment and intervention process for infants, pregnant 
     women, and their families who are affected by substance use 
     disorder, withdrawal symptoms, or a fetal alcohol spectrum 
     disorder, that includes meaningful engagement with and takes 
     into account the unique needs of each family and addresses 
     differences between medically supervised substance use, 
     including for the treatment of substance use disorder, and 
     substance use disorder;
       ``(ii) ensuring that treatment approaches for serving 
     infants, pregnant women, and perinatal and postnatal women 
     whose infants may be affected by substance use, withdrawal 
     symptoms, or a fetal alcohol spectrum disorder, are designed 
     to, where appropriate, keep infants with their mothers during 
     both inpatient and outpatient treatment; and
       ``(iii) increasing access to all evidence-based medication-
     assisted treatment approved by the Food and Drug 
     Administration, behavioral therapy, and counseling services 
     for the treatment of substance use disorders, as appropriate.
       ``(E) Developing and updating systems of technology for 
     improved data collection and monitoring under section 
     106(b)(2)(B)(iii), including existing electronic medical 
     records, to measure the outcomes achieved through the plans 
     of safe care, including monitoring systems to meet the 
     requirements of this Act and submission of performance 
     measures.
       ``(5) Reporting.--Each State that receives funds under this 
     subsection, for each year such funds are received, shall 
     submit a report to the Secretary, disaggregated by geographic 
     location, economic status, and major racial and ethnic 
     groups, except that such disaggregation shall not be required 
     if the results would reveal personally identifiable

[[Page S4828]]

     information on, with respect to infants identified under 
     section 106(b)(2)(B)(ii)--
       ``(A) the number who experienced removal associated with 
     parental substance use;
       ``(B) the number who experienced removal and subsequently 
     are reunified with parents, and the length of time between 
     such removal and reunification;
       ``(C) the number who are referred to community providers 
     without a child protection case;
       ``(D) the number who receive services while in the care of 
     their birth parents;
       ``(E) the number who receive post-reunification services 
     within 1 year after a reunification has occurred; and
       ``(F) the number who experienced a return to out-of-home 
     care within 1 year after reunification.
       ``(6) Secretary's report to congress.--The Secretary shall 
     submit an annual 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 that includes the information described in 
     paragraph (5) and recommendations or observations on the 
     challenges, successes, and lessons derived from 
     implementation of the grant program.
       ``(7) Assisting states' implementation.--The Secretary 
     shall use the amount reserved under paragraph (2)(A)(i) to 
     provide written guidance and technical assistance to support 
     States in complying with and implementing this subsection, 
     which shall include--
       ``(A) technical assistance, including programs of in-depth 
     technical assistance, to additional States, territories, and 
     Indian Tribes and Tribal organizations in accordance with the 
     substance-exposed infant initiative developed by the National 
     Center on Substance Abuse and Child Welfare;
       ``(B) guidance on the requirements of this Act with respect 
     to infants born with, and identified as being affected by, 
     substance use or withdrawal symptoms or fetal alcohol 
     spectrum disorder, as described in clauses (ii) and (iii) of 
     section 106(b)(2)(B), including by--
       ``(i) enhancing States' understanding of requirements and 
     flexibilities under this Act, including by clarifying key 
     terms;
       ``(ii) addressing State-identified challenges with 
     developing, implementing, and monitoring plans of safe care, 
     including those reported under paragraph (3)(A)(ii);
       ``(iii) disseminating best practices on implementation of 
     plans of safe care, on such topics as differential response, 
     collaboration and coordination, and identification and 
     delivery of services for different populations, while 
     recognizing needs of different populations and varying 
     community approaches across States; and
       ``(iv) helping States improve the long-term safety and 
     well-being of young children and their families;
       ``(C) supporting State efforts to develop information 
     technology systems to manage plans of safe care; and
       ``(D) preparing the Secretary's report to Congress 
     described in paragraph (6).
       ``(8) Sunset.--The authority under this subsection shall 
     sunset on September 30, 2023.
       ``(e) Evaluation.--
       ``(1) In general.--In making grants or entering into 
     contracts for projects under this section, the Secretary 
     shall require all such projects to report on the outcomes of 
     such activities.
       ``(2) Goals and performance.--The Secretary shall ensure 
     that each entity receiving a grant under this section--
       ``(A) establishes quantifiable goals for the outcome of the 
     project funded with the grant; and
       ``(B) adequately measures the performance of the project 
     relative to such goals.
       ``(3) Report.--Each entity that receives a grant under this 
     section shall submit to the Secretary a performance report at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including an evaluation of the 
     effectiveness of the project funded with the grant relative 
     to the goals established for such project under paragraph (2) 
     and data supporting such evaluation.
       ``(4) Funding.--Funding for the evaluations conducted under 
     this subsection shall be provided either as a stated 
     percentage of a demonstration grant or as a separate grant or 
     contract entered into by the Secretary for the purpose of 
     evaluating a particular demonstration project or group of 
     projects. In the case of an evaluation performed by the 
     recipient of a grant, the Secretary shall make available 
     technical assistance for the evaluation, where needed, 
     including the use of a rigorous application of scientific 
     evaluation techniques.
       ``(f) Continuing Grants.--The Secretary may award a 
     continuing grant to an entity under this section only if the 
     performance review submitted under paragraph (3) by such 
     entity with respect to the previous year demonstrates 
     effectiveness of the project funded.''.

     SEC. 215. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       Section 106 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106a) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``subsection (f)'' and inserting 
     ``subsection (g)''; and
       (ii) by striking ``State in--'' and inserting ``State with 
     respect to one or more of the following activities:'';
       (B) by amending paragraph (1) to read as follows:
       ``(1) Maintaining and improving the intake, assessment, 
     screening, and investigation of reports of child abuse or 
     neglect, including support for timely responses to all such 
     reports, with special attention to the provision of rapid 
     responses to such reports involving children under the age of 
     3, and especially children under the age of 1.'';
       (C) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``creating and'' and inserting ``Creating 
     and''; and
       (II) by inserting ``, which may include such teams used by 
     children's advocacy centers,'' after ``multidisciplinary 
     teams'';

       (ii) in subparagraph (B)(ii), by striking the semicolon and 
     inserting a period;
       (D) by amending paragraph (3) to read as follows:
       ``(3) Implementing and improving case management 
     approaches, including ongoing case monitoring, and delivery 
     of services and treatment provided to children and their 
     families to ensure safety and respond to family needs, that 
     include--
       ``(A) multidisciplinary approaches to assessing family 
     needs and connecting them with services;
       ``(B) organizing treatment teams of community service 
     providers that prevent and treat child abuse and neglect, and 
     improve child well-being;
       ``(C) case-monitoring that can ensure progress in child 
     well-being; and
       ``(D) the use of differential response, including during 
     intake and screening, as appropriate.'';
       (E) by striking paragraphs (4), (5), and (6) and inserting 
     the following:
       ``(4)(A) Developing or enhancing data systems to improve 
     case management coordination and communication between 
     relevant agencies;
       ``(B) enhancing the general child protective system by 
     developing, improving, and implementing risk and safety 
     assessment tools and protocols, such as tools and protocols 
     that allow for the identification of cases requiring rapid 
     responses, systems of data sharing with law enforcement, 
     including the use of differential response, and activities to 
     reduce and prevent bias;
       ``(C) developing and updating systems of technology that 
     support the program and track reports of child abuse and 
     neglect from intake through final disposition and allow for 
     interstate and intrastate information exchange; and
       ``(D) real-time case monitoring for caseworkers at the 
     local agency level, and State agency level, to track 
     assessments, service referrals, follow-up, case reviews, and 
     progress toward case plan goals.
       ``(5) Developing, strengthening, and facilitating training 
     for professionals and volunteers engaged in the prevention, 
     intervention, and treatment of child abuse and neglect 
     including training on--
       ``(A) the legal duties of such individuals;
       ``(B) personal safety training for case workers;
       ``(C) early childhood, child, and adolescent development 
     and the impact of child abuse and neglect, including long-
     term impacts of adverse childhood experiences;
       ``(D) improving coordination among child protective service 
     agencies and health care agencies, entities providing health 
     care (including mental health and substance use disorder 
     services), and community resources, for purposes of 
     conducting evaluations related to substantiated cases of 
     child abuse or neglect;
       ``(E) improving screening, forensic diagnosis, and health 
     and developmental evaluations, which may include best 
     practices for periodic reevaluations, as appropriate;
       ``(F) addressing the unique needs of children with 
     disabilities, including promoting interagency collaboration 
     to address such needs;
       ``(G) the placement of children with relative caregivers, 
     and the unique needs and strategies as related to children in 
     such placements;
       ``(H) responsive, family-oriented approaches to prevention, 
     identification, intervention, and treatment of child abuse 
     and neglect;
       ``(I) ensuring child safety;
       ``(J) the links between child abuse and neglect and 
     domestic violence, and approaches to working with families 
     with mental health needs or substance use disorder; or
       ``(K) coordinating with other services and agencies, as 
     applicable, to address family and child needs, including 
     trauma.'';
       (F) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively;
       (G) in paragraph (6), as so redesignated--
       (i) by striking ``improving'' and inserting ``Improving'';
       (ii) by striking ``the skills, qualifications, and 
     availability of individuals providing services to children 
     and families, and the supervisors of such individuals, 
     through the child protection system, including improvements 
     in''; and
       (iii) by striking the semicolon and inserting ``, which may 
     include efforts to address the effects of indirect trauma 
     exposure for child welfare workers.'';
       (H) in paragraph (7), as so redesignated--
       (i) by striking ``developing,'' and inserting 
     ``Developing,''; and

[[Page S4829]]

       (ii) by striking the semicolon and inserting ``, which may 
     include improving public awareness and understanding relating 
     to the role and responsibilities of the child protection 
     system and the nature and basis for reporting suspected 
     incidents of child abuse and neglect.''; and
       (I) by striking paragraphs (9) through (14) and inserting 
     the following:
       ``(8) Collaborating with other agencies in the community, 
     county, or State and coordinating services to promote a 
     system of care focused on both prevention and treatment, such 
     as by--
       ``(A) developing and enhancing the capacity of community-
     based programs to integrate shared leadership strategies 
     between parents and professionals to prevent and treat child 
     abuse and neglect at the community level; or
       ``(B) supporting and enhancing interagency collaboration 
     between the child protection system, public health agencies, 
     education systems, domestic violence systems, law 
     enforcement, and the juvenile justice system for improved 
     delivery of services and treatment, such as models of co-
     locating service providers, which may include--
       ``(i) methods for continuity of treatment plans and 
     services as children transition between systems;
       ``(ii) addressing the health needs, including mental health 
     needs, of children identified as victims of child abuse or 
     neglect, including supporting prompt, comprehensive health 
     and developmental evaluations for children who are the 
     subject of substantiated child maltreatment reports; or
       ``(iii) the provision of services that assist children 
     exposed to domestic violence, and that also support the 
     caregiving role of their nonabusing parents.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``areas of the child 
     protective services system'' and inserting ``ways in which 
     the amounts received under the grant will be used to improve 
     and strengthen the child protective services system through 
     the activities''; and
       (ii) by amending subparagraphs (B) and (C) to read as 
     follows:
       ``(B) Duration of plan.--Each State plan shall--
       ``(i) be submitted not less frequently than every 5 years, 
     in coordination with the State plan submitted under part B of 
     title IV of the Social Security Act; and
       ``(ii) be periodically reviewed and revised by the State, 
     as necessary to reflect any substantive changes to State law 
     or regulations related to the prevention of child abuse and 
     neglect that may affect the eligibility of the State under 
     this section, or if there are significant changes from the 
     State application in the State's funding of strategies and 
     programs supported under this section.
       ``(C) Public comment.--Each State shall consult widely with 
     public and private organizations in developing the plan, make 
     the plan public by electronic means in an easily accessible 
     format, and provide all interested members of the public at 
     least 30 days to submit comments on the plan.'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) by inserting ``be developed, as appropriate, in 
     collaboration with the lead entity designated by the State 
     under section 202(1), local programs supported by the lead 
     entity, and families affected by child abuse and neglect, 
     and'' after ``shall''; and
       (II) by striking ``achieve the objectives of this title'' 
     and inserting ``strengthen families and reduce incidents of 
     and prevent child abuse and neglect'';

       (ii) in subparagraph (A), by inserting ``and takes into 
     account prevention services across State agencies in order to 
     improve coordination of efforts to prevent and reduce child 
     abuse and neglect'' before the semicolon;
       (iii) in subparagraph (B)--

       (I) by amending clause (i) to read as follows:

       ``(i) provisions or procedures for individuals to report 
     known and suspected instances of child abuse and neglect 
     directly to a State child protection agency or to a law 
     enforcement agency, as applicable under State law, including 
     a State law for mandatory reporting by individuals required 
     to report such instances, including, as defined by the 
     State--

       ``(I) health professionals;
       ``(II) school and child care personnel;
       ``(III) law enforcement officials; and
       ``(IV) other individuals, as the applicable State law or 
     statewide program may require;'';
       (II) by moving the margins of subclauses (I) and (II) of 
     clause (iii) 2 ems to the right;
       (III) in clause (iv), by inserting ``of alleged abuse or 
     neglect in order to ensure the well-being and safety of 
     children'' before the semicolon;
       (IV) in clause (v), by inserting ``, which may include 
     social services and housing assistance'' before the 
     semicolon;
       (V) in clause (vi), by inserting ``, which may include 
     placements with relative caregivers'' before the semicolon;
       (VI) by striking clauses (x) and (xx);
       (VII) by redesignating clauses (xi) through (xix) as 
     clauses (x) through (xviii), respectively;
       (VIII) in clause (xii), as so redesignated, by striking 
     ``appointed to represent the child in such proceedings'' and 
     inserting ``appointed to represent the child (who, for 
     purposes of this clause, shall include any child up to the 
     age limit elected by the State pursuant to section 
     475(8)(B)(iii) of the Social Security Act (42 U.S.C. 
     675(8)(B)(iii)) in such proceedings'';
       (IX) in clause (xvi), as so redesignated, by striking 
     ``clause (xvi)'' and inserting ``clause (xv)''; and
       (X) by redesignating clauses (xxi) through (xxv) as clauses 
     (xix) through (xxiii), respectively;

       (iv) in subparagraph (D)--

       (I) in clause (i), by inserting ``, and how such services 
     will be strategically coordinated with relevant agencies to 
     provide a continuum of prevention services and be'' after 
     ``referrals'';
       (II) in clause (ii), by inserting ``and retention 
     activities'' after ``training'';
       (III) in clause (iii), by inserting ``, including for 
     purposes of making such individuals aware of these 
     requirements'' before the semicolon;
       (IV) in clause (v)--

       (aa) by inserting ``the State's efforts to improve'' before 
     ``policies'';
       (bb) by striking ``substance abuse treatment agencies, and 
     other agencies'' and inserting ``substance abuse treatment 
     agencies, other agencies, and kinship navigators''; and
       (cc) by striking ``; and'' and inserting a semicolon;

       (V) in clause (vi), by striking the semicolon and inserting 
     ``, to improve outcomes for children and families; and''; and
       (VI) by adding at the end the following:

       ``(vii) the State's procedures requiring timely public 
     disclosure of the findings or information about the case of 
     child abuse or neglect that has resulted in a child fatality 
     or near fatality, which shall provide for exceptions to the 
     release of such findings or information in order to ensure 
     the safety and well-being of the child, or when the release 
     of such information would jeopardize a criminal 
     investigation;''; and
       (v) by striking the flush text that follows subparagraph 
     (G); and
       (C) in paragraph (3)--
       (i) in the heading, by striking ``Limitation'' and 
     inserting ``Limitations'';
       (ii) by striking ``With regard to clauses (vi) and (vii) of 
     paragraph (2)(B)'' and inserting the following:
       ``(B) Certain identifying information.--With regard to 
     clauses (vi) and (vii) of paragraph (2)(B)'';
       (iii) by inserting before subparagraph (B), as added by 
     clause (ii), the following:
       ``(A) In general.--Nothing in paragraph (2)(B) shall be 
     construed to limit a State's authority to determine State 
     policies relating to public access to court proceedings to 
     determine child abuse and neglect, except that such policies 
     shall, at a minimum, ensure the safety and well-being of the 
     child, parents, and families.''; and
       (iv) by adding at the end the following:
       ``(C) Mandated reporters in certain states.--With respect 
     to a State in which State law requires all of the individuals 
     to report known or suspected instances of child abuse and 
     neglect directly to a State child protection agency or to a 
     law enforcement agency, the requirement under paragraph 
     (2)(B)(i) shall not be construed to require the State to 
     define the classes of individuals described in subclauses (I) 
     through (IV) of such paragraph.'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``Except as provided in subparagraph (B), 
     each'' and inserting ``Each''; and
       (II) by striking ``not less than 3 citizen review panels'' 
     and inserting ``at least 1 citizen review panel''; and

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) Exception.--A State may designate a panel for 
     purposes of this subsection, comprised of one or more 
     existing entities established under State or Federal law, 
     such as child fatality panels, or foster care review panels, 
     or State task forces established under section 107, if such 
     entities have the capacity to satisfy the requirements of 
     paragraph (3) and the State ensures that such entities will 
     satisfy such requirements.'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraphs (4) through (6) as 
     paragraphs (3) through (5), respectively;
       (D) in paragraph (4), as so redesignated--
       (i) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (ii) in subparagraph (B), as so redesignated, by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (iii) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) shall develop a memorandum of understanding with each 
     panel, clearly outlining the panel's roles and 
     responsibilities, and identifying any support from the 
     State;''; and
       (E) in paragraph (5), as so redesignated--
       (i) by inserting ``which may be carried out collectively by 
     a combination of such panels,'' before ``on an annual 
     basis'';
       (ii) by striking ``whether or''; and
       (iii) by inserting ``, which may include providing examples 
     of efforts to implement citizen review panel 
     recommendations'' before the period at the end of the second 
     sentence;
       (4) in subsection (d)--
       (A) in paragraph (1), by inserting ``, disaggregated, where 
     available, by demographic characteristics such as age, sex, 
     race

[[Page S4830]]

     and ethnicity, disability, caregiver risk factors, caregiver 
     relationship, living arrangement, and relation of victim to 
     their perpetrator'' before the period;
       (B) in paragraph (5), by striking ``neglect.'' and 
     inserting ``neglect, including--
       ``(A) the number of child fatalities, and (as applicable 
     and practicable) near fatalities, due to child abuse and 
     neglect from separate reporting sources within the State, 
     including information from the State child welfare agency and 
     from the State child death review program that--
       ``(i) is compiled by the State child welfare agency for 
     submission; and
       ``(ii) considers State data, including vital statistics 
     death records, State and local medical examiner and coroner 
     office records, and uniform crime reports from local law 
     enforcement; and
       ``(B) information, and the sources used to provide such 
     information, about the circumstances under which a child 
     fatality, or (as applicable and practicable) near fatality, 
     occurred due to child abuse and neglect, including the cause 
     of the death listed on the death certificate in the case of a 
     child fatality, whether the child was referred to the State 
     child welfare agency, the child's placement at the time (as 
     applicable), the determination made by the child welfare 
     agency (as applicable), and any known previous maltreatment 
     of children by the perpetrator.'';
       (C) in paragraph (13)--
       (i) by inserting ``and recommendations'' after ``the 
     activities''; and
       (ii) by striking ``subsection (c)(6)'' and inserting 
     ``subsection (c)(5)'';
       (D) in paragraph (16), by striking ``subsection 
     (b)(2)(B)(xxi)'' and inserting ``subsection (b)(2)(B)(xix)''; 
     and
       (E) in paragraph (17), by striking ``subsection 
     (b)(2)(B)(xxiv)'' and inserting ``subsection 
     (b)(2)(B)(xxii)'';
       (5) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively;
       (6) by inserting after subsection (d) the following:
       ``(e) Assisting States in Implementation.--The Secretary 
     shall provide technical assistance to support States in 
     reporting the information required under subsection 
     (d)(5).'';
       (7) in subsection (f), as so redesignated, by striking 
     ``the Congress'' and inserting ``the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives'';
       (8) in subsection (g), as so redesignated, by adding at the 
     end the following:
       ``(6) Limitation.--For any fiscal year for which the amount 
     allotted to a State or territory under this subsection 
     exceeds the amount allotted to the State or territory under 
     such subsection for fiscal year 2019, the State or territory 
     may not use more than 2 percent of such excess amount for 
     administrative expenses.''; and
       (9) by adding at the end the following:
       ``(h) Annual Report.--A State that receives funds under 
     subsection (a) shall annually prepare and submit to the 
     Secretary a report describing the manner in which funds 
     provided under this Act, alone or in combination with other 
     Federal funds, were used to address the purposes and achieve 
     the objectives of section 106, including--
       ``(1) a description of how the State used such funds to 
     improve the child protective system related to--
       ``(A) effective collaborative and coordination strategies 
     among child protective services and social services, legal 
     services, health care services (including mental health and 
     substance use disorder services), domestic violence services, 
     education agencies, and community-based organizations that 
     contribute to improvements of the overall well-being of 
     children and families; and
       ``(B) capacity-building efforts to support identification 
     of, and improvement of responses to, child maltreatment; and
       ``(2) how the State collaborated with community-based 
     prevention organizations to reduce barriers to, and improve 
     the effectiveness of, programs related to child abuse and 
     neglect.''.

     SEC. 216. GRANTS TO STATES FOR PROGRAMS RELATING TO THE 
                   INVESTIGATION AND PROSECUTION OF CHILD ABUSE 
                   AND NEGLECT CASES.

       Section 107 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106c) is amended--
       (1) in subsection (a)--
       (A) by striking ``the assessment and investigation'' each 
     place it appears and inserting ``the assessment, 
     investigation, and prosecution'';
       (B) in paragraph (1)--
       (i) by striking ``and exploitation,'' and inserting ``, 
     exploitation, and child sex-trafficking,''; and
       (ii) by inserting ``, including through a child abuse 
     investigative multidisciplinary review team'' before the 
     semicolon;
       (C) in paragraph (2), by adding ``and'' after the 
     semicolon;
       (D) by striking paragraph (3);
       (E) by redesignating paragraph (4) as paragraph (3); and
       (F) in paragraph (3), as so redesignated, by inserting ``, 
     or other vulnerable populations,'' after ``health-related 
     problems'';
       (2) in subsection (c)(1)--
       (A) in subparagraph (I), by striking ``and'' at the end;
       (B) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(K) individuals experienced in working with underserved 
     or overrepresented groups in the child welfare system.''; and
       (3) in subsection (d)(1), by striking ``and exploitation'' 
     and inserting ``, exploitation, and child sex-trafficking'';
       (4) in subsection (e)(1)--
       (A) in subparagraph (A), by striking ``and exploitation'' 
     and inserting ``, exploitation, and child sex-trafficking'';
       (B) in subparagraph (B), by striking ``; and'' at the end 
     and inserting a semicolon;
       (C) in subparagraph (C)--
       (i) by striking ``and exploitation'' and inserting ``, 
     exploitation, and child sex-trafficking''; and
       (ii) by striking the period and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) improving coordination among agencies regarding 
     reports of child abuse and neglect to ensure both law 
     enforcement and child protective services agencies have ready 
     access to full information regarding past reports, which may 
     be done in coordination with other States or geographic 
     regions.''.

     SEC. 217. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

       Section 108 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106d) is amended by striking subsection (e).

     SEC. 218. REPORTS.

       Section 110 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106f) is amended--
       (1) in subsection (a), by striking ``CAPTA Reauthorization 
     Act of 2010'' and inserting ``CAPTA Reauthorization Act of 
     2020'';
       (2) in subsection (b)--
       (A) in the heading, by striking ``Effectiveness of State 
     Programs'' and inserting ``Activities'';
       (B) by striking ``evaluating the effectiveness of programs 
     receiving assistance under section 106 in achieving the'' and 
     inserting ``on activities of technical assistance for 
     programs that support State efforts to meet the needs and'';
       (3) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Report on State Mandatory Reporting Laws.--Not later 
     than 4 years after the date of enactment of the CAPTA 
     Reauthorization Act of 2020, the Secretary shall submit to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives a report that contains--
       ``(1) information on--
       ``(A) training supported by this Act, and through other 
     relevant Federal programs, for mandatory reporters of child 
     abuse or neglect;
       ``(B) State efforts to improve reporting on, and responding 
     to reports of, child abuse or neglect; and
       ``(C) barriers, if any, affecting mandatory reporting; and
       ``(2) data regarding any changes in the rate of 
     substantiated child abuse and neglect reports, and changes in 
     the rate of child fatalities, and near fatalities, from child 
     abuse and neglect, since the date of enactment of the CAPTA 
     Reauthorization Act of 2020.
       ``(d) Report Relating to Injuries Indicating the Presence 
     of Child Abuse.--Not later than 2 years after the date of 
     enactment of the CAPTA Reauthorization Act of 2020, the 
     Secretary shall submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and Labor of the House of Representatives a report 
     that contains--
       ``(1) information on best practices developed by medical 
     institutions and other multidisciplinary partners to identify 
     and appropriately respond to injuries indicating the presence 
     of potential physical abuse in children, particularly among 
     infants, including--
       ``(A) the identification and assessment of such injuries by 
     health care professionals and appropriate child protective 
     services referral and notification processes; and
       ``(B) an identification of effective programs replicating 
     best practices, and barriers or challenges to implementing 
     programs; and
       ``(2) data on any outcomes associated with the practices 
     described in paragraph (1), including subsequent 
     revictimization and child fatalities.
       ``(e) Report Relating to Child Abuse and Neglect in Indian 
     Tribal Communities.--Not later than 3 years after the date of 
     enactment of the CAPTA Reauthorization Act of 2020, the 
     Comptroller General of the United States, taking into 
     consideration the perspectives of Indian Tribes from each of 
     the 12 Bureau of Indian Affairs Regions, as identified for 
     the report under this subsection, shall submit a report to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives that contains--
       ``(1) information about such Indian Tribes and Tribal 
     Organizations providing child abuse and neglect prevention 
     activities, including types of programming and number of such 
     Tribes providing services;
       ``(2) promising practices used by such Tribes for child 
     abuse and neglect prevention;
       ``(3) information about the child abuse and neglect 
     prevention activities such Tribes are providing, including 
     those activities supported by Tribal, State, and Federal 
     funds;
       ``(4) ways to support prevention efforts regarding child 
     abuse and neglect of children who are Indians, including 
     Alaska Natives, which may include the use of the children's 
     trust fund model;

[[Page S4831]]

       ``(5) an assessment of Federal agency collaboration and 
     technical assistance efforts to address child abuse and 
     neglect prevention and treatment of children who are Indians, 
     including Alaska Natives;
       ``(6) an examination of access to child abuse and neglect 
     prevention research and demonstration grants by Indian tribes 
     under this Act; and
       ``(7) an examination of Federal child abuse and neglect 
     data systems to identify what Tribal data is being submitted 
     to the Department of Health and Human Services, or other 
     relevant agencies, as applicable, any barriers to the 
     submission of such data, and recommendations on improving the 
     submission of such data.''.

     SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

       Section 112(a)(1) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read as 
     follows:
       ``(1) General authorization.--There are authorized to be 
     appropriated to carry out this title such sums as may be 
     necessary for each of fiscal years 2020 through 2025.''.

 Subtitle C--Community-based Grants for the Prevention of Child Abuse 
                              and Neglect

     SEC. 221. PURPOSE AND AUTHORITY.

       Section 201 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``the coordination of'' 
     and inserting ``State, regional, and local coordination of'' 
     ; and
       (B) in paragraph (2), by striking ``foster an 
     understanding, appreciation, and knowledge of diverse 
     populations'' and inserting ``support local programs in 
     increasing access for diverse populations to programs and 
     activities''; and
       (2) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively;
       (C) in paragraph (1)--
       (i) in subparagraph (C), by inserting ``healthy 
     relationships and'' before ``parenting skills'';
       (ii) in subparagraph (E), by striking ``including access to 
     such resources and opportunities for unaccompanied homeless 
     youth;'' and inserting ``such as providing referrals to early 
     health and developmental services, including access to such 
     resources and opportunities for homeless families and those 
     at risk of homelessness; and'';
       (iii) by striking subparagraph (H);
       (iv) by redesignating subparagraph (G) as paragraph (3) and 
     adjusting the margin accordingly; and
       (v) in the matter preceding subparagraph (A)--

       (I) by inserting ``State, regional, and local capacity, to 
     the extent practicable, of'' after ``enhancing''; and
       (II) by striking ``that--'' and inserting the following: 
     ``in order to provide a continuum of services to children and 
     families;

       ``(2) supporting local programs, which may include capacity 
     building activities such as technical assistance, training, 
     and professional development to provide community-based and 
     prevention-focused programs and activities designed to 
     strengthen and support families to prevent child abuse and 
     neglect that help families build protective factors linked to 
     the prevention of child abuse and neglect that--'';
       (D) in paragraph (3), as so redesignated, by striking 
     ``demonstrate a commitment to involving parents in the 
     planning and program implementation of the lead agency and 
     entities carrying out'' and inserting ``supporting the 
     meaningful involvement of parents in the planning, program 
     implementation, and evaluation of the lead entity and'';
       (E) in paragraph (4), as so redesignated, by striking 
     ``specific community-based'' and all that follows through 
     ``section 205(a)(3)'' and inserting ``core child abuse and 
     neglect prevention services described in section 205(a)(3) 
     and the services identified by the inventory required under 
     section 204(3)'';
       (F) in paragraph (5), as so redesignated--
       (i) by striking ``funds for the'' and inserting ``Federal, 
     State, local, and private funds, to carry out the purposes of 
     this title, which may include'';
       (ii) by inserting ``and'' before ``information management 
     and reporting''; and
       (iii) by striking ``reporting and evaluation costs for 
     establishing, operating, or expanding'' and inserting ``such 
     as data systems to facilitate statewide monitoring, 
     reporting, and evaluation costs for''; and
       (G) in paragraph (6), as so redesignated--
       (i) by inserting ``, which may include activities to 
     increase public awareness and education, and developing 
     comprehensive outreach strategies to engage diverse, 
     underserved, and at-risk populations,'' after ``information 
     activities''; and
       (ii) by striking ``and the promotion of child abuse and 
     neglect prevention activities''.

     SEC. 222. ELIGIBILITY.

       Section 202 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116a) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by inserting ``, taking into consideration the capacity 
     and expertise of eligible entities,'' after ``Governor of the 
     State''; and
       (ii) by inserting ``State, regional, and local capacity 
     of'' before ``community-based'';
       (B) in subparagraph (B)--
       (i) by striking ``who are consumers'' and inserting ``who 
     are or who have been consumers'';
       (ii) by striking ``applicant agency'' and inserting ``lead 
     entity''; and
       (iii) by adding ``and'' after the semicolon;
       (C) in subparagraph (C)--
       (i) by inserting ``local,'' after ``State,''; and
       (ii) by striking ``; and'' and inserting a semicolon; and
       (D) by striking subparagraph (D);
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``composed of'' and 
     all that follows through ``children with disabilities'' and 
     inserting ``carried out by local, collaborative, and public-
     private partnerships''; and
       (B) in subparagraph (C), by inserting ``local,'' after 
     ``State,'';
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``parental 
     participation in the development, operation, and oversight of 
     the'' and inserting ``the meaningful involvement of parents 
     in the development, operation, evaluation, and oversight of 
     the State and local efforts to support'';
       (B) in subparagraph (B)--
       (i) by inserting ``relevant'' before ``State and community-
     based''; and
       (ii) by striking ``the community-based'' and inserting 
     ``community-based'';
       (C) in subparagraph (C)--
       (i) by striking ``community-based and prevention-focused 
     programs and activities designed to strengthen and support 
     families to prevent child abuse and neglect'' and inserting 
     ``local programs''; and
       (ii) by striking ``; and'' and inserting a semicolon;
       (D) in subparagraph (D)--
       (i) by striking ``, parents with disabilities,'' and 
     inserting ``or parents with disabilities, and members of 
     underserved or overrepresented groups in the child welfare 
     system,''; and
       (ii) by striking the period and inserting ``; and''; and
       (E) by adding at the end the following:
       ``(E) will take into consideration barriers to access to 
     community-based and prevention-focused programs and 
     activities designed to strengthen and support families to 
     prevent child abuse and neglect, including for populations 
     described in section 204(7)(A)(iii) and gaps in unmet need 
     identified in the inventory described in section 204(3) when 
     distributing funds to local programs for use in accordance 
     with section 205(a).''.

     SEC. 223. AMOUNT OF GRANT.

       Section 203 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116b) is amended--
       (1) in subsection (a)--
       (A) by striking ``210'' and inserting ``209''; and
       (B) by adding at the end the following: ``In any fiscal 
     year for which the amount appropriated under section 209 
     exceeds the amount appropriated under such section for fiscal 
     year 2019 by more than $2,000,000, the Secretary shall 
     increase the reservation described in this subsection to up 
     to 5 percent of the amount appropriated under section 209 for 
     the fiscal year for the purpose described in the preceding 
     sentence.''; and
       (2) in subsection (b)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``210'' and inserting ``209''; and
       (B) in subparagraph (A), by striking ``$175,000'' and 
     inserting ``$200,000''.

     SEC. 224. APPLICATION.

       Section 204 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116d) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the State'' and inserting ``the lead entity'';
       (2) in paragraph (1), by striking ``which meets the 
     requirements of section 202'';
       (3) in paragraph (2), by striking ``community-based child 
     abuse and neglect prevention programs'' and inserting 
     ``programs and activities'';
       (4) in paragraph (3), by inserting ``designed to strengthen 
     and support families'' after ``programs and activities'';
       (5) in paragraph (5), by striking ``start up'' and 
     inserting ``start-up'';
       (6) by amending paragraph (6) to read as follows:
       ``(6) a description of the lead entity's capacity to ensure 
     the meaningful involvement of family advocates, relative 
     caregivers, adult former victims of child abuse or neglect, 
     and parents who are, or who have been, consumers of 
     preventive supports, in the planning, implementation, and 
     evaluation of the programs and policy decisions;'';
       (7) by amending paragraph (7) to read as follows:
       ``(7) a description of the criteria that the lead entity 
     will use to--
       ``(A) select and fund local programs, and how the lead 
     entity will take into consideration the local program's 
     ability to--
       ``(i) collaborate with other community-based organizations 
     and service providers and engage in long-term and strategic 
     planning for community-based and prevention-focused programs 
     and activities designed to strengthen and support families to 
     prevent child abuse and neglect;
       ``(ii) meaningfully partner with parents in the 
     development, implementation, oversight, and evaluation of 
     services; and
       ``(iii) reduce barriers to access to community-based and 
     prevention-focused programs and activities designed to 
     strengthen and support families to prevent child abuse and 
     neglect, including for diverse, underserved, and at-risk 
     populations; or

[[Page S4832]]

       ``(B) develop or provide community-based and prevention-
     focused programs and activities designed to strengthen and 
     support families to prevent child abuse and neglect, and 
     provide a description of how such activities are evidence-
     based or evidence-informed;'';
       (8) in paragraph (8)--
       (A) by striking ``entity and the community-based and 
     prevention-focused programs designed to strengthen and 
     support families to prevent child abuse and neglect'' and 
     inserting ``lead entity and local programs'';
       (B) by striking ``homeless families and those at risk of 
     homelessness, unaccompanied homeless youth'' and inserting 
     ``victims of domestic violence, homeless families and those 
     at risk of homelessness, families experiencing trauma''; and
       (C) by inserting ``, including underserved or 
     overrepresented groups in the child welfare system'' before 
     the semicolon;
       (9) in paragraph (9), by striking ``community-based and 
     prevention-focused programs and activities designed to 
     strengthen and support families to prevent child abuse and 
     neglect'' and inserting ``local programs'';
       (10) in paragraph (10), by striking ``applicant entity's 
     activities and those of the network and its members (where 
     appropriate) will be evaluated'' and inserting ``lead 
     entity's activities and local programs will be evaluated, 
     including in accordance with section 206'';
       (11) in paragraph (11)--
       (A) by striking ``applicant entity'' and inserting ``lead 
     entity''; and
       (B) by inserting ``, including how the lead entity will 
     promote and consider improving access among diverse, 
     underserved, and at-risk populations'' before the semicolon; 
     and
       (12) in paragraph (12), by striking ``applicant entity'' 
     and inserting ``lead entity''.

     SEC. 225. LOCAL PROGRAM REQUIREMENTS.

       Section 205 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116e) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Grants made'' and inserting ``Grants or 
     contracts made by the lead entity''; and
       (ii) by striking ``that--'' and inserting ``, which may 
     include--'';
       (B) by amending paragraph (1) to read as follows:
       ``(1) assessing community assets and needs through a 
     planning process that--
       ``(A) involves other community-based organizations or 
     agencies that have already performed a needs assessment;
       ``(B) includes the meaningful involvement of parents; and
       ``(C) uses information and expertise from local public 
     agencies, local nonprofit organizations, and private sector 
     representatives in meaningful roles;'';
       (C) in paragraph (2), by striking ``develop'' and inserting 
     ``developing'';
       (D) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking 
     ``provide for'' and inserting ``providing''; and
       (II) in clause (i), by striking ``mutual support and'' and 
     inserting ``which may include programs and services that 
     improve knowledge of healthy child development, parental 
     resilience, mutual support, and''; and

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``provide access to optional services'' and inserting 
     ``connecting individuals and families to additional 
     services'';
       (II) in clause (ii), by striking ``and intervention'' and 
     inserting ``, such as Head Start, including early Head Start, 
     and early intervention'';
       (III) by redesignating clauses (iii) through (ix) as 
     clauses (iv) through (x), respectively;
       (IV) by inserting after clause (ii) the following:

       ``(iii) nutrition programs, which may include the special 
     supplemental nutrition program for women, infants, and 
     children established by section 17 of the Child Nutrition Act 
     of 1966 (42 U.S.C. 1786) and the supplemental nutrition 
     assistance program under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.);''; and

       (V) in clause (vi), as so redesignated, by striking 
     ``services, such as academic tutoring, literacy training, and 
     General Educational Degree services'' and inserting ``and 
     workforce development programs, including adult education and 
     literacy training and academic tutoring'';

       (E) in paragraph (4)--
       (i) by striking ``develop leadership roles for the'' and 
     inserting ``developing and maintaining'';
       (ii) by inserting ``, and, as applicable, relative 
     caregivers,'' after ``parents''; and
       (iii) by striking ``the programs'' and inserting 
     ``programs'';
       (F) in paragraph (5), by striking ``provide'' and inserting 
     ``providing''; and
       (G) in paragraph (6), by striking ``participate'' and 
     inserting ``participating''; and
       (2) in subsection (b), by striking ``programs..'' and 
     inserting ``programs.''.

     SEC. 226. PERFORMANCE MEASURES.

       Section 206 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116f) is amended--
       (1) in paragraph (2), by striking ``optional services as 
     described in section 202'' and inserting ``additional 
     services as described in section 205(a)(3)(B)'';
       (2) in paragraph (3), by striking ``section 205(3)'' and 
     inserting ``section 204'';
       (3) in paragraph (5), by striking ``used the services of'' 
     and inserting ``participated in'';
       (4) in paragraph (6), by striking ``community level'' and 
     inserting ``local level'';
       (5) in paragraph (7), by striking ``; and'' and inserting a 
     semicolon;
       (6) by redesignating paragraph (8) as paragraph (9);
       (7) by inserting after paragraph (7) the following:
       ``(8) shall describe the percentage of total funding 
     provided to the State under section 203 that supports 
     evidence-based and evidence-informed community-based and 
     prevention-focused programs and activities designed to 
     strengthen and support families to prevent child abuse and 
     neglect; and''; and
       (8) in paragraph (9), as so redesignated, by striking 
     ``continued leadership'' and inserting ``meaningful 
     involvement''.

     SEC. 227. DEFINITIONS.

       Section 208(2) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5116h(2)) is amended--
       (1) in the paragraph heading, by inserting ``designed to 
     strengthen and support families'' after ``activities'';
       (2) by striking ``organizations such as'';
       (3) by inserting ``for parents and children'' after 
     ``mutual support programs''; and
       (4) by striking ``or respond to''.

     SEC. 228. AUTHORIZATION OF APPROPRIATIONS.

       Section 209 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116i) is amended to read as follows:

     ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title such sums as may be necessary for each of fiscal years 
     2020 through 2025.''.

                   Subtitle D--Adoption Opportunities

     SEC. 231. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

       Section 201 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
       (1) in the section heading, by striking ``and declaration 
     of purpose'' and inserting ``, declaration of purpose, and 
     definition'';
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``2009, some 424,000'' 
     and inserting ``2018, some 437,000'';
       (B) in paragraph (3)--
       (i) by striking subparagraphs (A) through (D); and
       (ii) by striking ``services because the children entering 
     foster care--'' and inserting ``services;'';
       (C) in paragraph (6)--
       (i) in subparagraph (A), by striking ``2009, there were 
     115,000'' and inserting ``2018, there were 125,000'';
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``2009'' and inserting 
     ``2018''; and
       (II) in clause (ii), by striking ``more than 8'' and 
     inserting ``less than 8''; and

       (iii) in subparagraph (D)--

       (I) in clause (i)--

       (aa) by striking ``25 percent'' and inserting ``17 
     percent''; and
       (bb) by striking ``2009'' and inserting ``2018''; and

       (II) in clause (ii)--

       (aa) by striking ``30 percent'' and inserting ``22 
     percent''; and
       (bb) by striking ``2009'' and inserting ``2018''; and
       (D) in paragraph (9)(B)--
       (i) by inserting ``should not'' before ``be maintained''; 
     and
       (ii) by striking ``or institutions''; and
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``children with disabilities, underserved 
     or overrepresented children and youth in the child welfare 
     system,'' after ``minority children,''; and
       (ii) by striking ``including disabled infants with life-
     threatening conditions,'';
       (B) in paragraph (2)(C), by striking ``; and'' and 
     inserting a semicolon;
       (C) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(4) support the development and implementation of 
     evidence-based and evidence-informed post-legal adoption 
     services for families that adopt children in order to 
     increase permanency.''; and
       (4) by adding at the end the following:
       ``(c) Definition.--In this title, the term `child with 
     special needs' means a child facing barriers to adoption, 
     including a child with special needs as determined under 
     section 473(c) of the Social Security Act (42 U.S.C. 
     673(c)).''.

     SEC. 232. SENSE OF CONGRESS AND TECHNICAL ASSISTANCE ON 
                   INFORMAL CUSTODY TRANSFERS.

       The Child Abuse Prevention and Treatment and Adoption 
     Reform Act of 1978 is amended by inserting after section 201 
     (42 U.S.C. 5111) the following:

     ``SEC. 202. SENSE OF CONGRESS AND TECHNICAL ASSISTANCE ON 
                   INFORMAL CUSTODY TRANSFERS.

       ``(a) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) there are challenges associated with adoptions 
     (including the child's mental health needs and the 
     difficulties many families face in accessing support 
     services) and some families may seek out an informal transfer 
     of physical custody without any formal supervision by child 
     welfare authorities or courts;

[[Page S4833]]

       ``(2) some adopted children experience trauma, and the 
     disruption and placement in another home may contribute to 
     additional trauma and instability for such children;
       ``(3) post-adoption informal transfers of physical custody 
     may not include certain safety measures that are required as 
     part of formal adoption proceedings;
       ``(4) child welfare authorities and courts may be unaware 
     of the placement of children through such informal custody 
     transfers and, as a result, therefore do not conduct 
     assessments on the child's safety and well-being in 
     subsequent such placements;
       ``(5) the lack of such assessments may result in the 
     placement of children in homes in which the children may be 
     exposed to unsafe environments;
       ``(6) the caregivers with whom a child is placed through an 
     informal custody transfer may have no legal responsibility 
     with respect to such child and may not have complete records 
     with respect to such child, including the child's birth, 
     medical, or other records; and
       ``(7) a child adopted through intercountry adoption may be 
     at risk of not acquiring United States citizenship if an 
     informal custody transfer occurs before the adoptive parents 
     complete all necessary steps to finalize the adoption of such 
     child.
       ``(b) Technical Assistance and Public Awareness.--The 
     Secretary, in coordination with the heads of other relevant 
     departments, shall, as appropriate, improve public awareness 
     related to preventing adoption disruption and dissolutions, 
     including informal custody transfers of adopted children. 
     Such activities may include updating, as appropriate, Federal 
     resources, including internet websites, which provide 
     information on the practice of informal custody transfers to 
     provide families with information on post-legal adoption 
     services from State, local, and private resources.''.

     SEC. 233. INFORMATION AND SERVICES.

       Section 203 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
       (1) in subsection (a)--
       (A) by striking ``such purposes, including services'' and 
     all that follows through the period at the end and inserting 
     the following: ``such purposes, including--
       ``(1) services to facilitate the adoption of older 
     children, minority children, children with disabilities, 
     underserved or overrepresented children and youth in the 
     child welfare system, and children with special needs;
       ``(2) services to families considering adoption of children 
     with special needs; and
       ``(3) post-legal adoption services for families to provide 
     permanent and caring home environments for children who would 
     benefit from adoption.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``on adoption, and'' and inserting ``on 
     adoption, including the evaluation of training and accessible 
     education materials;''; and
       (ii) by inserting ``, and update such training and 
     education materials, as appropriate'' before the semicolon;
       (B) in paragraph (2), by inserting ``children with 
     disabilities, underserved or overrepresented children and 
     youth in the child welfare system,'' after ``minority 
     children,'';
       (C) in paragraph (7), by inserting ``children with 
     disabilities, underserved or overrepresented children and 
     youth in the child welfare system,'' after ``minority 
     children,'';
       (D) in paragraph (9)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, expand, and enhance'' after ``maintain''; and
       (ii) in subparagraph (D)--

       (I) by inserting ``and disseminate'' after ``identify''; 
     and
       (II) by striking ``termination'' and inserting 
     ``dissolution, and increase permanency, including related to 
     pre- and post-legal adoption services'';

       (E) in paragraph (10)(A)--
       (i) by redesignating clauses (iii) through (ix) as clauses 
     (iv) through (x), respectively;
       (ii) in clause (ii)--

       (I) by inserting ``, and finding such family and relatives 
     willing to adopt such child to improve permanency'' before 
     the semicolon; and
       (II) by striking ``such children, including developing'' 
     and inserting ``such children;

       ``(iii) developing'';
       (iii) in clause (vi), as so redesignated, by inserting ``, 
     including such groups for individuals who may enter into 
     relative caregiver arrangements'' before the semicolon; and
       (iv) in clause (ix), as so redesignated, by inserting ``, 
     including such groups for kinship caregiver arrangements'' 
     before the semicolon; and
       (F) in paragraph (11)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``Indian Tribes or Tribal organizations,'' after ``States,'';
       (ii) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (iii) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) procedures to identify and support potential kinship 
     care arrangements.'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``post legal adoption'' 
     and inserting ``post-legal adoption''; and
       (B) in paragraph (2)(G), by inserting ``, including such 
     parents, children, and siblings in kinship care 
     arrangements'' before the semicolon;
       (4) in subsection (d)--
       (A) in the subsection heading, by inserting ``and Improving 
     Post-legal Adoption Support Services'' after ``Care'';
       (B) in paragraph (1), by inserting ``including through the 
     improvement of post-legal adoption services,'' after ``free 
     for adoption,'';
       (C) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in clause (i), by inserting ``, including plans to 
     assess the need for and provide, as appropriate, post-legal 
     adoption services in order to improve permanency'' before the 
     semicolon;
       (II) in clause (ii), by inserting ``children with 
     disabilities, underserved or overrepresented children and 
     youth in the child welfare system,'' after ``minority 
     children,''; and
       (III) in clause (iv), by striking ``section 473 of the 
     Social Security Act (42 U.S.C. 673)'' and inserting ``subpart 
     2 of part B of title IV of the Social Security Act (42 U.S.C. 
     629 et seq.) and part E of such title IV (42 U.S.C. 670 et 
     seq.)''; and

       (ii) in subparagraph (B)--

       (I) in clause (i), by inserting ``children with 
     disabilities, underserved or overrepresented children and 
     youth in the child welfare system,'' after ``minority 
     children,''; and
       (II) in clause (ii), by striking ``successful'' and 
     inserting ``evidence-based and evidence-informed''; and

       (D) in paragraph (3)(A), by striking ``Payments under this 
     subsection shall begin during fiscal year 1989.''; and
       (5) in subsection (e)(1), by inserting ``, such as through 
     the use of an electronic interstate case processing system'' 
     before the period.

     SEC. 234. REPORTS.

       The Child Abuse Prevention and Treatment and Adoption 
     Reform Act of 1978 is amended by striking section 204 (42 
     U.S.C. 5114) and inserting the following:

     ``SEC. 204. REPORTS.

       ``(a) Report on the Outcomes of Individuals Who Were 
     Adopted From Foster Care.--Not later than 2 years after the 
     date of enactment of the CAPTA Reauthorization Act of 2020, 
     the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives a report on research regarding the outcomes 
     of individuals who were adopted from foster care as children, 
     and a summary of the post-adoption services available to 
     families that adopt, including the extent to which such 
     services are evidence-based or evidence-informed.
       ``(b) Report to Congress.--Not later than 3 years after the 
     date of the enactment of the CAPTA Reauthorization Act of 
     2020, the Secretary of Health and Human Services shall 
     provide to the Committee on Finance and the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor and the Committee on Ways 
     and Means of the House of Representatives a report on 
     adoption disruption and dissolution, including informal 
     custody transfers of children. The Secretary shall include in 
     such report--
       ``(1) the causes, methods, and characteristics of adoption 
     disruption and dissolution, including how causes, methods, 
     and characteristics may vary for informal custody transfers;
       ``(2) the effects of adoption disruption and dissolution, 
     including informal custody transfers, on children, including 
     the effect that a lack of assessment of a child's safety and 
     well-being can have on children;
       ``(3) the prevalence of adoption disruption and 
     dissolution, including the prevalence of informal custody 
     transfers, within each State and across all States; and
       ``(4) recommended policies for preventing, identifying, and 
     responding to adoption disruption and dissolution, including 
     informal custody transfers, that include--
       ``(A) changes to Federal and State law to address the 
     negative effects of adoption disruption and dissolution, 
     including the effects of informal custody transfers, on 
     children;
       ``(B) changes to child protection practices to reduce the 
     likelihood of harmful adoption disruption and dissolution, 
     including informal custody transfers; and
       ``(C) methods to improve public information regarding 
     adoption and child protection.''.

     SEC. 235. AUTHORIZATION OF APPROPRIATIONS.

       Section 205 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5115) is amended--
       (1) in subsection (a)--
       (A) by striking ``$40,000,000'' and all that follows 
     through ``2015'' and inserting ``such sums as may be 
     necessary for fiscal years 2020 through 2025''; and
       (B) by striking ``this subtitle'' and inserting ``this 
     title''; and
       (2) in subsection (b), by striking ``30 percent'' and 
     inserting ``35 percent''.

          Subtitle E--Family Violence Prevention and Services

     SEC. 241. PURPOSE.

       Section 301(b) of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10401(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``(b)'' and all that follows through ``title to--'' and 
     inserting the following:
       ``(b) Purpose.--It is the purpose of this title to support 
     and improve prevention of,

[[Page S4834]]

     interventions in, and services for family violence, domestic 
     violence, and dating violence, by--'';
       (2) in paragraph (1), by striking ``assist States and 
     Indian tribes'' and inserting ``assisting States and Indian 
     Tribes'';
       (3) in paragraph (2), by striking ``assist'' and all that 
     follows through ``immediate'' and inserting ``strengthening 
     the capacity of States and Indian Tribes and Tribal 
     organizations in efforts to provide accessible immediate'';
       (4) by striking paragraph (3) and inserting the following:
       ``(3) providing for national domestic violence hotlines;'';
       (5) in paragraph (4)--
       (A) by striking ``(4) provide for'' and inserting ``(4) 
     providing'';
       (B) by striking ``Indian tribes'' and inserting ``Indian 
     Tribes'';
       (C) by striking ``tribal organizations'' and inserting 
     ``Tribal organizations''; and
       (D) by striking the period at the end and inserting ``; 
     and''; and
       (6) by adding at the end the following:
       ``(5) supporting the development and implementation of 
     evidence-based and evidence-informed community-based 
     prevention approaches and programs.''.

     SEC. 242. DEFINITIONS.

       Section 302 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10402) is amended--
       (1) in paragraphs (2) and (3), by striking ``42 U.S.C. 
     13925(a)'' and inserting ``34 U.S.C. 12291(a)'';
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Indian; indian tribe; tribal organization.--The terms 
     `Indian', `Indian Tribe', and `Tribal organization' have the 
     meanings given the terms `Indian', `Indian tribe', and 
     `tribal organization' in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304).'';
       (3) by redesignating paragraphs (6) through (12), and (13) 
     and (14), as paragraphs (7) through (13), and (15) and (16), 
     respectively;
       (4) by inserting after paragraph (5) the following:
       ``(6) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).'';
       (5) in paragraph (8), as so redesignated, by striking ``42 
     U.S.C. 13925(a)'' and inserting ``34 U.S.C. 12291(a)'';
       (6) in paragraph (10), as so redesignated--
       (A) by striking ``State law'' and inserting ``State and 
     Tribal law''; and
       (B) by striking ``shelter, safe homes, meals, and 
     supportive services'' and inserting ``shelter, safe homes, 
     meals, and supportive services, which may include the 
     provision of basic necessities,'';
       (7) by inserting after paragraph (13), as so redesignated, 
     the following:
       ``(14) Tribal domestic violence coalition.--The term 
     `Tribal Domestic Violence Coalition' means an established 
     nonprofit, nongovernmental Indian organization that--
       ``(A) provides education, support, and technical assistance 
     to member Indian service providers in a manner that enables 
     those member providers to establish and maintain culturally 
     appropriate services, including shelter and supportive 
     services, designed to assist Indian women and the dependents 
     of those women who are victims of family violence, domestic 
     violence, and dating violence; and
       ``(B) is comprised of board and general members that are 
     representative of--
       ``(i) the member service providers described in 
     subparagraph (A); and
       ``(ii) the Tribal communities in which the services are 
     being provided.'';
       (8) in paragraph (15), as so redesignated--
       (A) by striking ``tribally designated official'' and 
     inserting ``Tribally designated official'';
       (B) by striking ``Indian tribe, tribal organization'' and 
     inserting ``Indian Tribe, Tribal organization''; and
       (C) by striking ``Indian tribe, to'' and inserting ``Indian 
     Tribe, to''; and
       (9) in the first sentence of paragraph (16), as so 
     redesignated, by striking ``42 U.S.C. 13925(a)'' and 
     inserting ``34 U.S.C. 12291(a)''.

     SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

       Section 303 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10403) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``There is'' and inserting ``There are''; 
     and
       (ii) by striking ``, $175,000,000 for each of fiscal years 
     2011 through 2015.'' and inserting ``, amounts consisting 
     of--
       ``(i) $179,000,000 for fiscal year 2020;
       ``(ii) $184,000,000 for fiscal year 2021;
       ``(iii) $188,000,000 for fiscal year 2022;
       ``(iv) $193,000,000 for fiscal year 2023;
       ``(v) $198,000,000 for fiscal year 2024; and
       ``(vi) $203,000,000 for fiscal year 2025.'';
       (B) in paragraph (2)(D)--
       (i) in the subparagraph heading, by striking ``state''; and
       (ii) by striking ``Of the amounts appropriated under 
     paragraph (1)'' and all that follows through the period at 
     the end and inserting the following:
       ``(i) State domestic violence coalitions.--Of the amounts 
     appropriated under paragraph (1) for a fiscal year and not 
     reserved under subparagraph (A)(i), not less than 10 percent 
     of such amounts shall be made available to the Secretary for 
     making grants under section 311.
       ``(ii) Reservation of funds for tribal domestic violence 
     coalitions.--Notwithstanding clause (i), for any fiscal year 
     for which the amount appropriated under paragraph (1) exceeds 
     $185,000,000, a portion of the funds made available to the 
     Secretary under clause (i) shall be reserved for the 
     Secretary to make grants under section 311A.
       ``(iii) Portion.--The portion referred to in clause (ii) 
     shall be calculated as 25 percent of the difference between--

       ``(I) the amount made available under clause (i) to the 
     Secretary for making grants under section 311 for the fiscal 
     year involved; and
       ``(II) the amount that would have been made available under 
     clause (i) to the Secretary for making grants under section 
     311 for a fiscal year, if--

       ``(aa) the amount was calculated using the same percentage 
     reservations under subparagraph (A)(i) and clause (i) as were 
     used for calculating the amount under subclause (I); and
       ``(bb) the amount appropriated under paragraph (1) for such 
     fiscal year was $185,000,000.'';
       (2) in subsection (b), by striking ``$3,500,000 for each of 
     fiscal years 2011 through 2015'' and inserting ``$10,300,000 
     for each of fiscal years 2020 through 2025''; and
       (3) in subsection (c), by striking ``2011 through 2015'' 
     and inserting ``2020 through 2025''.

     SEC. 244. AUTHORITY OF SECRETARY.

       Section 304 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10404) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``CAPTA Reauthorization 
     Act of 2010'' and inserting ``CAPTA Reauthorization Act of 
     2019''; and
       (B) in paragraph (5), by striking ``provision of 
     assistance'' and inserting ``provision of interventions or 
     services''; and
       (2) in subsection (b)--
       (A) in paragraph (3), by redesignating subparagraphs (A) 
     through (C) as clauses (i) through (iii) and indenting the 
     margins of those clauses to match the margins of clause (i) 
     of section 306(c)(2)(B) of that Act;
       (B) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D) and indenting the margins of 
     those clauses to match the margins of subparagraph (A) of 
     section 306(c)(2) of that Act;
       (C) by striking ``The Secretary shall--'' and insert the 
     following: ``The Secretary--
       ``(1) shall--'';
       (D) in paragraph (1), as so redesignated--
       (i) in subparagraph (B), as so redesignated, by striking 
     ``prevention and treatment of'' and inserting ``prevention of 
     and services for''; and
       (ii) in subparagraph (D), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (E) by adding at the end the following:
       ``(2) may award grants to eligible entities or enter into 
     contracts with for-profit or nonprofit nongovernmental 
     entities or institutions of higher education to conduct or 
     support research, as appropriate, on family violence, 
     domestic violence, or dating violence, or evaluation of 
     programs related to family violence, domestic violence, or 
     dating violence.''.

     SEC. 245. FORMULA GRANTS TO STATES.

       Section 306(c) of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10406(c)) is amended--
       (1) in paragraph (1), by striking ``tribal'' and inserting 
     ``Tribal'';
       (2) in paragraph (2)--
       (A) in subparagraph (C), in the matter preceding clause 
     (i)--
       (i) by striking ``tribe'' each place it appears and 
     inserting ``Tribe''; and
       (ii) by striking ``tribally'' and inserting ``Tribally''; 
     and
       (B) in subparagraph (D), by striking ``tribe'' and 
     inserting ``Tribe'';
       (3) in paragraph (4), by striking ``Indian tribe'' and 
     inserting ``Indian Tribe or Tribal organization'';
       (4) in paragraph (5)--
       (A) in subparagraphs (D)(i) and (G), by striking ``tribal'' 
     and inserting ``Tribal''; and
       (B) in subparagraph (F), by striking ``tribe'' and 
     inserting ``Tribe''; and
       (5) in paragraph (6)--
       (A) by striking ``tribe'' and inserting ``Tribe''; and
       (B) by striking ``tribal'' and inserting ``Tribal''.

     SEC. 246. STATE APPLICATION.

       (a) Application.--Section 307(a) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10407(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``tribally'' and inserting ``Tribally''; 
     and
       (B) by adding at the end the following: ``For purposes of 
     section 2007 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (34 U.S.C. 10446), the application described in 
     this section may be considered to be the State plan described 
     in subsection (c)(3) of that section 2007.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (B)(iii)(I), by striking ``operation of 
     shelters'' and inserting ``provision of shelter'';
       (B) in subparagraph (D)--
       (i) by striking ``Coalition in the planning'' and inserting 
     ``Coalition, and a Tribal Domestic Violence Coalition as 
     applicable, in the planning, coordination,''; and
       (ii) by striking ``section 308(a)'' and inserting ``section 
     308'';

[[Page S4835]]

       (C) in subparagraph (E), by striking ``State or Indian 
     tribe'' and inserting ``State, Indian Tribe, or Tribal 
     organization'' in both places it occurs;
       (D) in subparagraph (F),--
       (i) by striking State or Indian tribe'' and inserting 
     ``State, Indian Tribe, or Tribal organization''; and
       (ii) by inserting after ``including'' the following- ``how 
     such activities and services utilize a trauma-informed care 
     approach, as appropriate, and'';
       (E) in subparagraph (G)--
       (i) by striking ``tribally'' and inserting ``Tribally''; 
     and
       (ii) by striking ``tribe'' each place it appears and 
     inserting ``Tribe''; and
       (F) in subparagraph (H)--
       (i) by striking ``tribe'' and inserting ``Tribe''; and
       (ii) by striking ``to bar'' and inserting ``to remove, or 
     exclude or bar,''.
       (b) Approval.--Section 307(b) of such Act (42 U.S.C. 
     10407(b)) is amended--
       (1) in paragraph (2), by striking ``tribe'' each place the 
     term appears and inserting ``Tribe'';
       (2) in paragraph (3)--
       (A) by striking ``State Domestic Violence Coalitions, or 
     comparable coalitions for Indian tribes, shall'' and 
     inserting ``State Domestic Violence Coalitions or Tribal 
     Domestic Violence Coalitions shall''; and
       (B) by striking ``tribes'' and inserting ``Tribes''.

     SEC. 247. SUBGRANTS AND USES OF FUNDS.

       Section 308 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10408) is amended--
       (1) in subsection (a), by striking ``that is'' and 
     inserting ``that are'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (B), by striking ``developing safety 
     plans'' and inserting ``safety planning''; and
       (B) in subparagraph (G)--
       (i) by striking the matter preceding clause (i) and 
     inserting the following:
       ``(G) provision of advocacy and services (including case 
     management and information and referral services), which may 
     include facilitating partnerships that improve the 
     development and delivery of services referred to in this 
     subparagraph concerning issues related to family violence, 
     domestic violence, or dating violence intervention and 
     prevention, including--'';
       (ii) in clause (i), by striking ``Federal and State'' and 
     inserting ``Federal, State, and local'';
       (iii) in clause (iii), by striking ``mental health, 
     alcohol, and drug abuse treatment'' and inserting ``mental 
     and substance use disorder treatment'';
       (iv) in clause (v), by striking ``and'' at the end; and
       (v) by adding at the end the following:
       ``(vii) language assistance for victims with limited 
     English proficiency, or victims who are deaf or hard of 
     hearing; and'';
       (3) in subsection (c)(1), by striking ``tribal 
     organizations,'' and inserting ``Tribal organizations,''; and
       (4) in subsection (d)(1), in the paragraph heading, by 
     striking ``dependants'' and inserting ``dependents''.

     SEC. 248. GRANTS FOR INDIAN TRIBES.

       Section 309 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10409) is amended--
       (1) in subsection (a)--
       (A) by striking ``tribal'' and inserting ``Tribal''; and
       (B) by striking ``(42'' and all that follows through 
     ``tribes'' and inserting ``(34 U.S.C. 20126), shall continue 
     to award grants for Indian Tribes''; and
       (2) in subsection (b)--
       (A) by striking ``tribe'' each place it appears and 
     inserting ``Tribe''; and
       (B) by striking ``tribal organization'' each place it 
     appears and inserting ``Tribal organization''.

     SEC. 249. NATIONAL RESOURCE CENTERS AND TRAINING AND 
                   TECHNICAL ASSISTANCE.

       (a) Grants Authorized.--Section 310(a)(2) of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10410(a)(2)) 
     is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking ``7'' and inserting ``8''; 
     and
       (C) by adding at the end the following:
       ``(iii) at least one State resource center to reduce 
     disparities in domestic violence in States with high 
     proportions of Indian (including Alaska Native) or Native 
     Hawaiian populations (as provided for in subsection (b)(3)); 
     and''; and
       (2) in subparagraph (B)--
       (A) by striking ``grants, to--'' and all that follows 
     through ``(ii) support'' and inserting ``grants, to 
     support''; and
       (B) by inserting before ``, to entities'' the following: 
     ``, including the housing needs of domestic violence victims 
     and their families''.
       (b) Domestic Violence Resource Centers.--Section 310(b) of 
     the Family Violence Prevention and Services Act (42 U.S.C. 
     10410(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)(ii)--
       (i) in the matter preceding subclause (I), by inserting ``, 
     which may be posted on the Internet,'' after ``center 
     resource library''; and
       (ii) in subclause (I), by striking ``incidence and'' and 
     inserting ``incidence and prevalence of, trends concerning, 
     and''; and
       (B) in subparagraph (B)--
       (i) in clause (i)--

       (I) by striking ``tribes'' each place it appears and 
     inserting ``Tribes'';
       (II) by striking ``tribal organizations'' and inserting 
     ``Tribal organizations''; and
       (III) by striking ``42'' and all the follows through 
     ``3796gg-10 note'' and inserting ``34 U.S.C. 10452 note'';

       (ii) in clause (ii)--

       (I) by striking ``tribes'' and inserting ``Tribes'';
       (II) by striking ``tribal organizations'' and inserting 
     ``Tribal organizations''; and
       (III) by striking ``42'' and all the follows through 
     ``3796gg-10 note'' and inserting ``34 U.S.C. 10452 note''; 
     and

       (iii) in clause (iii), by striking ``the Office on Violence 
     Against Women'' and inserting ``the Office for Victims of 
     Crime, and the Office on Violence Against Women,'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), in the first 
     sentence, by inserting before the period the following: ``in 
     order to support effective policy, practice, research, and 
     collaboration''; and
       (B) in subparagraph (D)--
       (i) by striking ``mental health systems'' and inserting 
     ``mental and substance use disorder treatment systems''; and
       (ii) by striking ``and to their children who are exposed to 
     domestic violence'' and inserting ``, and to their children, 
     who experience psychological trauma that is, or have mental 
     or substance use disorders that are, related to their 
     exposure to domestic violence; and'';
       (C) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (D) by inserting after subparagraph (D) the following:
       ``(E) The response of domestic violence service programs to 
     victims who are underserved, including enhancing the capacity 
     of related organizations generally serving those victims to 
     respond to and prevent domestic violence.'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking ``may award grants to'' and inserting 
     ``shall award grants to one or more''; and
       (ii) by striking ``Indian tribes, tribal organizations'' 
     and inserting ``Indian Tribes, Tribal organizations,'';
       (B) in subparagraph (B)(i)--
       (i) by striking ``Indian tribes, tribal organizations, 
     and'' and inserting ``Indian Tribes or Tribal organizations, 
     and'' and
       (ii) by striking ``tribes, organizations,'' and inserting 
     ``Tribes, organizations,''; and
       (4) by adding at the end the following:
       ``(4) Clarification.--Within available funds, the Secretary 
     shall continue to support the resource centers funded for 
     purposes pursuant to paragraphs (2) and (3) in fiscal year 
     2019.''.
       (c) Eligibility.--Section 310(c) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10410(c)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(C), or (D)'' and inserting ``(C), (D), (E), or (F)''; and
       (B) in subparagraph (B)--
       (i) by striking ``entity's advisory board'' and inserting 
     ``entity's Board of Directors or advisory committees''; and
       (ii) by inserting before the semicolon the following ``, 
     and reflect or have experience working with the communities 
     to be served through the center involved'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``tribal organization'' and inserting 
     ``Tribal organization''; and
       (ii) by striking ``Indian tribes'' and inserting ``Indian 
     Tribes'';
       (B) in subparagraph (A)--
       (i) by striking ``Indian tribes and tribal organizations'' 
     and inserting ``Indian Tribes and Tribal organizations''; and
       (ii) by striking ``42'' and all that follows through 
     ``3796gg-10 note'' and inserting ``34 U.S.C. 10452 note'';
       (C) in subparagraph (B)--
       (i) by striking ``Indian tribes and tribal organizations'' 
     and inserting ``Indian Tribes and Tribal organizations'';
       (ii) by striking ``tribally'' and inserting ``Tribally''; 
     and
       (iii) by striking ``42'' and all that follows through 
     ``3796gg-10 note'' and inserting ``34 U.S.C. 10452 note'';
       (D) in subparagraph (C), by striking ``tribes'' and 
     inserting ``Tribes'';
       (E) in subparagraph (D), by striking ``Indian tribes and 
     tribal organizations'' and inserting ``Indian Tribes and 
     Tribal organizations''; and
       (F) in subparagraph (E), by striking ``tribes'' and 
     inserting ``Tribes'';
       (3) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``subsection (b)(2)(E)'' and inserting 
     ``subsection (b)(2)(F)''; and
       (4) in paragraph (4)--
       (A) in subparagraph (A), by striking clause (ii) and 
     inserting the following:
       ``(ii) be--

       ``(I) an Indian Tribe, Tribal organization, or Native 
     Hawaiian organization with experience providing assistance in 
     developing prevention and intervention services that focus 
     primarily on issues of domestic violence among Indians 
     (including Alaska Natives) or Native Hawaiians; or

[[Page S4836]]

       ``(II) an institution of higher education; and''; and

       (B) in subparagraph (B), by striking ``underdeveloped'' and 
     inserting ``underserved''.

     SEC. 250. GRANTS TO STATE DOMESTIC VIOLENCE COALITIONS.

       Section 311 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10411) is amended--
       (1) in subsection (b)(1)--
       (A) by inserting ``and made available to carry out this 
     section'' before ``for each fiscal year''; and
       (B) by inserting ``and made available'' before ``for such 
     fiscal year'';
       (2) in subsection (d)--
       (A) in paragraph (4), by striking ``mental health, social 
     welfare, or business'' and inserting ``mental and substance 
     use disorders, social welfare, education, or business''; and
       (B) in paragraph (8), by striking ``tribes and tribal 
     organizations'' and inserting ``Tribes and Tribal 
     organizations''; and
       (3) in subsection (h), by striking ``tribes and tribal 
     organizations'' and inserting ``Tribes and Tribal 
     organizations''.

     SEC. 251. GRANTS TO TRIBAL DOMESTIC VIOLENCE COALITIONS.

       The Family Violence Prevention and Services Act is amended 
     by inserting after section 311 (42 U.S.C. 10411) the 
     following:

     ``SEC. 311A. GRANTS TO TRIBAL DOMESTIC VIOLENCE COALITIONS.

       ``(a) Grants Authorized.--Beginning with fiscal year 2020, 
     out of amounts appropriated under section 303 and made 
     available to carry out this section for a fiscal year, the 
     Secretary shall award grants to eligible entities in 
     accordance with this section.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be a Tribal Domestic 
     Violence Coalition that is recognized by the Office on 
     Violence Against Women of the Department of Justice and that 
     provides services to Indian Tribes.
       ``(c) Application.--Each Tribal Domestic Violence Coalition 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     The application submitted by the coalition for the grant 
     shall provide documentation of the coalition's work, 
     demonstrating that the coalition--
       ``(1) meets all the applicable requirements set forth in 
     this section; and
       ``(2) has the ability to conduct all activities described 
     in this section, as indicated by--
       ``(A) documented experience in administering Federal grants 
     to conduct the activities described in subsection (d); or
       ``(B) a documented history of activities to further the 
     purposes of this section set forth in subsection (d).
       ``(d) Use of Funds.--A Tribal Domestic Violence Coalition 
     that receives a grant under this section may use the grant 
     funds for administration and operation of activities to 
     further the purposes of preventing and addressing family 
     violence, domestic violence, and dating violence, including--
       ``(1) working with local Tribal family violence, domestic 
     violence, or dating violence service programs and providers 
     of direct services to encourage appropriate and comprehensive 
     responses to family violence, domestic violence, and dating 
     violence against adults or youth within the Indian Tribes 
     served, including working by providing training and technical 
     assistance and conducting Tribal needs assessments;
       ``(2) participating in planning and monitoring the 
     distribution of subgrants and subgrant funds within the State 
     under section 308(a);
       ``(3) working in collaboration with Tribal service 
     providers and community-based organizations to address the 
     needs of victims of family violence, domestic violence, and 
     dating violence, and their children and dependents;
       ``(4) collaborating with, and providing information to, 
     entities in such fields as housing, health care, mental and 
     substance use disorders, social welfare, education, and law 
     enforcement to support the development and implementation of 
     effective policies;
       ``(5) supporting the development and implementation of 
     effective policies, protocols, legislation, codes, and 
     programs that address the safety and support needs of adult 
     and youth Tribal victims of family violence, domestic 
     violence, or dating violence;
       ``(6) encouraging appropriate responses to cases of family 
     violence, domestic violence, or dating violence against 
     adults or youth, by working with Tribal, State, and Federal 
     judicial agencies and law enforcement agencies;
       ``(7) working with Tribal, State, and Federal judicial 
     systems (including family law judges and criminal court 
     judges), child protective service agencies, and children's 
     advocates to develop appropriate responses to child custody 
     and visitation issues--
       ``(A) in cases of child exposure to family violence, 
     domestic violence, or dating violence; or
       ``(B) in cases in which--
       ``(i) family violence, domestic violence, or dating 
     violence is present; and
       ``(ii) child abuse is present;
       ``(8) providing information to the public about prevention 
     of family violence, domestic violence, and dating violence 
     within Indian Tribes; and
       ``(9) carrying out other activities, as the Secretary 
     determines applicable and appropriate.''.

     SEC. 252. SPECIALIZED SERVICES FOR ABUSED PARENTS AND THEIR 
                   CHILDREN.

       Section 312 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10412) is amended--
       (1) in subsection (a)(2), by striking ``2 years'' each 
     place it appears and inserting ``3 years''; and
       (2) in subsection (b)--
       (A) by striking ``local agency'' and inserting ``State, 
     local, or Tribal agency'' ; and
       (B) by striking ``tribal'' and inserting ``Tribal'';
       (3) in subsection (c)(2), by inserting before the semicolon 
     ``, which such services shall utilize trauma-informed care 
     approaches, as appropriate, and may include supporting the 
     caregiving capacity of adult victims''; and
       (4) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``mental health'' and 
     inserting ``mental and substance use disorder''; and
       (B) in subparagraph (C), by adding ``and referrals'' before 
     the period at the end; and
       (5) by adding at the end the following:
       ``(f) Definition.--In this section, the term `child' 
     includes a youth under age 18.''.

     SEC. 253. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

       Section 313 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10413) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a)'' and all that follows through the 
     end of the first sentence and inserting the following:
       ``(a) Grants.--
       ``(1) In general.--The Secretary shall award grants to 1 or 
     more private entities to provide for the ongoing operation of 
     toll-free telephone hotlines, including hotlines that utilize 
     other available communication technologies, as appropriate, 
     for the purposes of providing information and assistance to 
     adult and youth victims of family violence, domestic 
     violence, or dating violence, family and household members of 
     such victims, and persons affected by the victimization. 
     Through such grants, the Secretary shall provide for--
       ``(A) the ongoing operation of a 24-hour, toll-free, 
     national hotline; and
       ``(B) the ongoing operation of a toll-free hotline for 
     Indians, Indian Tribes, and Tribal organizations.''; and
       (B) in the second sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(2) Priority.--The Secretary'';
       (2) in subsection (d)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``national'';
       (ii) in subparagraph (E), by striking ``callers'' and 
     inserting ``individuals contacting the hotline'';
       (iii) in subparagraph (F), by striking ``persons with 
     hearing impairments; and'' and inserting ``individuals with 
     disabilities, including training for hotline personnel to 
     support such access;'';
       (iv) in subparagraph (G), by striking the semicolon at the 
     end and inserting ``; and''; and
       (v) by adding at the end the following:
       ``(H) a plan for utilizing other available communications 
     technologies, as appropriate;'';
       (B) in paragraph (5), by striking ``callers, directly 
     connect callers'' and inserting ``individuals contacting the 
     hotline, directly connect such individuals''; and
       (C) in paragraph (6), by inserting ``appropriate'' before 
     ``services to underserved''; and
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``hotline to'' and 
     inserting ``hotline under subsection (a)(1)(A), or a toll-
     free telephone hotline under subsection (a)(1)(B), to''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``callers on a 24-
     hour-a-day basis, and directly connect callers'' and 
     inserting ``individuals contacting the hotline, and directly 
     connect such individuals'';
       (ii) in subparagraph (C), by striking ``callers'' and 
     inserting ``individuals''; and
       (iii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) shall widely publicize the hotline, and other 
     available communications technologies utilized by the 
     hotline, as appropriate, in accessible formats, including 
     formats accessible to individuals with disabilities, as 
     appropriate;''.

     SEC. 254. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND 
                   LEADERSHIP THROUGH ALLIANCES.

       Section 314 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10414) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall enter into cooperative agreements with State Domestic 
     Violence Coalitions, which may partner with local entities 
     carrying out programs, to--
       ``(1) build capacity at the organizational, State, Tribal, 
     or local level for primary and secondary prevention of family 
     violence, domestic violence, and dating violence; or
       ``(2) scale up, or replicate, evidence-based, evidence-
     informed, or promising primary prevention strategies and 
     models to prevent family violence, domestic violence, and 
     dating violence.'';
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``or Tribal Domestic 
     Violence Coalition'' before the semicolon; and

[[Page S4837]]

       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and State or local 
     health departments'';
       (ii) in subparagraph (D), by inserting ``, including the 
     juvenile justice system'' before the semicolon;
       (iii) in subparagraph (G), by striking ``and'' at the end; 
     and
       (iv) by striking subparagraph (H) and inserting the 
     following:
       ``(H) community-based organizations, including those 
     serving racial and ethnic minority populations;
       ``(I) child- and youth-serving organizations;
       ``(J) health departments and public health organizations; 
     and
       ``(K) other pertinent sectors.'';
       (3) in subsection (e)--
       (A) by redesignating paragraphs (1) through (5), and 
     paragraph (6), as paragraphs (2) through (6), and paragraph 
     (8), respectively;
       (B) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) in the case of an applicant applying for a grant 
     under the authority of subsection (a)(2), identifies 
     comprehensive evidence-based, evidence-informed, or promising 
     primary prevention strategies and models to be used and 
     partner organizations who will develop, expand, or replicate 
     programs to prevent family violence, domestic violence, or 
     dating violence;'';
       (C) in paragraph (3), as so redesignated, by inserting ``, 
     including underserved populations'' before the semicolon;
       (D) in paragraph (6), as so redesignated, by striking 
     ``and'' at the end; and
       (E) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(7) demonstrates that the applicant will build 
     organizational and statewide capacity, as applicable, for 
     primary and secondary prevention of family violence, domestic 
     violence, and dating violence; and'';
       (4) in subsection (f), by striking ``organizations in 
     States geographically dispersed'' and inserting 
     ``organizations in States or Indian-serving organizations 
     that, collectively, are geographically dispersed'';
       (5) in subsection (g)--
       (A) in paragraph (2)(A), by inserting before the semicolon 
     the following: ``, which may include facilitating the 
     provision of technical assistance from other grantees that 
     enter into a cooperative agreement under subsection (a)''; 
     and
       (B) in paragraph (3)--
       (i) in subparagraph (C), by inserting ``as applicable,'' 
     after ``communities,'';
       (ii) in subparagraph (D)--

       (I) in the matter preceding clause (i), by striking 
     ``conduct comprehensive, evidence-informed primary prevention 
     programs'' and inserting ``implement evidence-based, 
     evidence-informed primary prevention programs''; and
       (II) in clause (vi), by inserting ``prevention strategies 
     and'' before ``information'';

       (iii) in subparagraph (E)--

       (I) by striking ``utilize evidence-informed'' and inserting 
     ``implement evidence-based or evidence-informed''; and
       (II) by striking ``; and'' and inserting a semicolon;

       (iv) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (v) by adding at the end the following:
       ``(G) use an amount (subject to subsection (j)) that is not 
     less than 30 percent of the funds awarded through such 
     agreement (excluding funds awarded for the initial year of 
     the agreement) to subcontract with local family violence and 
     domestic violence programs, or other community-based 
     programs, to develop and implement such project.''; and
       (6) by adding at the end the following:
       ``(i) Training and Dissemination of Information.--Not later 
     than one year after the date of enactment of the CAPTA 
     Reauthorization Act of 2020, and at least annually 
     thereafter, the Secretary, acting through the Director of the 
     Centers for Disease Control and Prevention, in consultation 
     with the Assistant Secretary of the Administration for 
     Children and Families, shall disseminate information, 
     including information related to training, to State domestic 
     violence coalitions, and other stakeholders, related to 
     building organizational capacity and leadership in the fields 
     of primary and secondary prevention of family violence, 
     domestic violence, and dating violence.
       ``(j) Minimum Amount for Subcontracting.--The Secretary 
     may, as appropriate, reduce the percentage described in 
     subsection (g)(3)(G) that an organization that enters into a 
     cooperative agreement under this section is required to use 
     in accordance with such subsection to a percentage not less 
     than 25 percent.''.

     SEC. 255. GRANTS TO ENHANCE SERVICES FOR UNDERSERVED 
                   COMMUNITIES.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is further amended by adding at the end the 
     following:

     ``SEC. 315. GRANTS TO ENHANCE SERVICES FOR UNDERSERVED 
                   COMMUNITIES.

       ``(a) In General.--The Secretary shall, as appropriate, 
     award grants to eligible entities to assist communities in 
     preventing and addressing family violence, domestic violence, 
     and dating violence in underserved communities.
       ``(b) Use of Funds.--In carrying out subsection (a), the 
     Secretary shall award grants to eligible entities for 
     supporting programs based in underserved communities to 
     establish or enhance family violence, domestic violence, and 
     dating violence intervention and prevention efforts that 
     address family violence, domestic violence, and dating 
     violence in underserved communities, including by providing 
     culturally appropriate services, as appropriate.
       ``(c) Application.--An eligible entity seeking a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require. Such 
     application shall include--
       ``(1) a description of how the funds of the grant will be 
     used to support culturally-appropriate, community-based 
     programs providing access to shelter or supportive services, 
     including for activities related to planning, prevention, and 
     capacity building;
       ``(2) an assessment of any barriers that prevent 
     underserved individuals or communities from accessing other 
     resources to prevent and address family violence, domestic 
     violence, and dating violence and a description of how the 
     entity intends to address such barriers; and
       ``(3) a demonstration of the ability of the entity to 
     establish, or work with, other community-based organizations 
     and coalitions.
       ``(d) Technical Assistance and Training.--The Secretary may 
     enter into cooperative agreements or contracts with 
     organizations to provide training and technical assistance to 
     eligible entities receiving grants under this section, as 
     appropriate.
       ``(e) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(1) be a private nonprofit, nongovernmental organization 
     that is--
       ``(A) a community-based organization that provides 
     culturally appropriate services to victims of family 
     violence, domestic violence, or dating violence from 
     underserved communities, which may include an organization 
     whose primary purpose is providing culturally appropriate 
     services to victims of family violence, domestic violence, or 
     dating violence from specific underserved communities; or
       ``(B) a community-based organization that can partner with 
     an organization having demonstrated expertise in serving 
     victims of family violence, domestic violence, or dating 
     violence; and
       ``(2) have a board of directors and staff which are 
     reflective of, or have experience working with, the 
     communities in which the entity will provide services through 
     a grant under this section.
       ``(f) Term.--The Secretary shall award grants under this 
     section for a period of 3 years, and may extend such period 
     for not more than 2 years, as appropriate.
       ``(g) Reports and Evaluation.--Each eligible entity 
     receiving a grant under this section shall submit a report to 
     the Secretary, at such time as the Secretary shall reasonably 
     require, describing the activities carried out using the 
     funds of such grant, identifying progress towards achieving 
     performance measures, and providing such additional 
     information as the Secretary may reasonably require.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of fiscal years 2020 
     through 2025.''.
                                 ______
                                 
  SA 2535. Mrs. CAPITO (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

       For an additional amount for ``Health Surveillance and 
     Program Support'', $4,500,000,000, 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, $1,500,000,000 shall be for grants for the 
     substance abuse prevention and treatment block grant program 
     under subpart II of part B of title XIX of the Public Health 
     Service Act (``PHS Act''):  Provided further, That of the 
     amount appropriated under this heading in this Act, 
     $2,000,000,000 shall be for grants for the community mental 
     health services block grant program under subpart I of part B 
     of title XIX of the PHS Act:  Provided further, That of the 
     amount appropriated in the previous proviso, the Assistant 
     Secretary is directed to provide no less than 50 percent of 
     funds directly to facilities defined in section 1913(c) of 
     the PHS Act:  Provided further, That of the amount 
     appropriated under this heading in this Act, not less than 
     $600,000,000 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:

[[Page S4838]]

      Provided further, That of the amount appropriated under this 
     heading in this Act, $100,000,000 shall be for activities and 
     services under Project AWARE:  Provided further, That of the 
     amount appropriated under this heading in this Act, not less 
     than $250,000,000 is available for activities authorized 
     under section 501(o) of the PHS Act:  Provided further, That 
     from within the amount appropriated under this heading in 
     this Act in the previous provisos, a total of 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 with respect to the amount appropriated under 
     this heading in this Act the Substance Abuse and Mental 
     Health Services Administration may waive requirements with 
     respect to allowable activities, timelines, or reporting 
     requirements for the Substance Abuse Prevention and Treatment 
     Block Grant and the Community Mental Health Services Block 
     Grant as deemed necessary to facilitate a grantee's response 
     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.
                                 ______
                                 
  SA 2536. Mrs. CAPITO (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

       For an additional amount for ``Health Surveillance and 
     Program Support'', $4,500,000,000, 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, $1,500,000,000 shall be for grants for the 
     substance abuse prevention and treatment block grant program 
     under subpart II of part B of title XIX of the Public Health 
     Service Act (``PHS Act''):  Provided further, That of the 
     amount appropriated under this heading in this Act, 
     $2,000,000,000 shall be for grants for the community mental 
     health services block grant program under subpart I of part B 
     of title XIX of the PHS Act:  Provided further, That of the 
     amount appropriated in the previous proviso, the Assistant 
     Secretary is directed to provide no less than 50 percent of 
     funds directly to facilities defined in section 1913(c) of 
     the PHS Act:  Provided further, That of the amount 
     appropriated under this heading in this Act, not less than 
     $600,000,000 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, $100,000,000 
     shall be for activities and services under Project AWARE:  
     Provided further, That of the amount appropriated under this 
     heading in this Act, not less than $250,000,000 is available 
     for activities authorized under section 501(o) of the PHS 
     Act:  Provided further, That from within the amount 
     appropriated under this heading in this Act in the previous 
     provisos, a total of 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 with respect to 
     the amount appropriated under this heading in this Act the 
     Substance Abuse and Mental Health Services Administration may 
     waive requirements with respect to allowable activities, 
     timelines, or reporting requirements for the Substance Abuse 
     Prevention and Treatment Block Grant and the Community Mental 
     Health Services Block Grant as deemed necessary to facilitate 
     a grantee's response 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.
                                 ______
                                 
  SA 2537. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. SMALL BUSINESS LOCAL RELIEF PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Eligible entity.--
       (A) In general.--The term ``eligible entity''--
       (i) means a privately-held business entity or nonprofit 
     organization that, taking into consideration the principles 
     under section 121.301(f) of title 13, Code of Federal 
     Regulations, or any successor regulation--

       (I) employs--

       (aa) not more than 20 full-time equivalent employees; or
       (bb) if the entity or organization is located in a low-
     income community, not more than 50 full-time equivalent 
     employees;

       (II) has experienced a loss of revenue as a result of the 
     COVID-19 pandemic, according to criteria established by the 
     Secretary; and
       (III) with respect to such an entity or organization that 
     receives assistance from a small business emergency fund, 
     satisfies additional requirements, as determined by the 
     State, unit of general local government, Indian Tribe, or 
     other entity that has established the small business 
     emergency fund;

       (ii) includes an individual who operates under a sole 
     proprietorship, an individual who operates as an independent 
     contractor, and an eligible self-employed individual if such 
     an individual has experienced a loss of revenue as a result 
     of the COVID-19 pandemic, according to criteria established 
     by the Secretary; and
       (iii) does not include an issuer, the securities of which 
     are listed on a national securities exchange.
       (B) Treatment of certain criminal violations.--
       (i) Arrests or convictions.--Except as provided in clause 
     (ii), the term ``eligible entity'' includes--

       (I) a privately-held business entity or nonprofit 
     organization that meets the requirements under subparagraph 
     (A)(i) notwithstanding any arrest or conviction under 
     Federal, State, or Tribal law of an owner of not less than 20 
     percent of the equity of the entity or organization, unless 
     the owner is incarcerated on the date on which the entity or 
     organization applies for assistance made available under this 
     section; and
       (II) an individual who meets the requirements under 
     subparagraph (A)(ii) notwithstanding an arrest or conviction 
     under Federal, State, or Tribal law of the individual, unless 
     the individual is incarcerated on the date on which the 
     individual applies for assistance made available under this 
     section.

       (ii) Financial fraud or deception.--Notwithstanding clause 
     (i), the term ``eligible entity'' does not include--

       (I) a privately-held business entity or nonprofit 
     organization if, during the 5-year period preceding the date 
     on which the business or organization applies for assistance 
     made available under this section, an owner of not less than 
     20 percent of the equity of the entity or organization was 
     convicted of an offense involving financial fraud or 
     deception under Federal, State, or Tribal law that is 
     punishable by imprisonment for a term of more than 1 year; or
       (II) an individual if, during the 5-year period preceding 
     the date on which the individual applies for assistance made 
     available under this section, the individual was convicted of 
     an offense involving financial fraud or deception under 
     Federal, State, or Tribal law that is punishable by 
     imprisonment for a term of more than 1 year.

       (3) Eligible self-employed individual.--The term ``eligible 
     self-employed individual'' has the meaning given the term in 
     section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 
     636(a)(36)(A)).
       (4) Entitlement community.--The term ``entitlement 
     community'' means a metropolitan city or urban county, as 
     those terms are defined in section 102 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5302).
       (5) Exchange; issuer; security.--The terms ``exchange'', 
     ``issuer'', and ``security'' have the meanings given the 
     terms in section 3(a) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)).
       (6) Full-time equivalent employees.--
       (A) In general.--The term ``full-time equivalent 
     employees'' means a number of employees equal to the number 
     determined by dividing--
       (i) the total number of hours of service for which wages 
     were paid by the employer to employees during the taxable 
     year; by
       (ii) 2,080.
       (B) Rounding.--The number determined under subparagraph (A) 
     shall be rounded to the next lowest whole number if not 
     otherwise a whole number.
       (C) Excess hours not counted.--If an employee works in 
     excess of 2,080 hours of service during any taxable year, 
     such excess shall not be taken into account under 
     subparagraph (A).
       (D) Hours of service.--The Secretary, in consultation with 
     the Secretary of Labor, shall prescribe such regulations, 
     rules, and guidance as may be necessary to determine the 
     hours of service of an employee, including rules for the 
     application of this paragraph to employees who are not 
     compensated on an hourly basis.
       (7) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 102 of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5302).
       (8) Low-income community.--The term ``low-income 
     community'' has the meaning given the term in section 45D(e) 
     of the Internal Revenue Code of 1986.

[[Page S4839]]

       (9) Minority.--The term ``minority'' has the meaning given 
     the term in section 1204(c)(3) of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 
     note).
       (10) Minority-owned entity.--The term ``minority-owned 
     entity'' means an entity--
       (A) more than 50 percent of the ownership or control of 
     which is held by not less than 1 minority; and
       (B) more than 50 percent of the net profit or loss of which 
     accrues to not less than 1 minority.
       (11) National securities exchange.--The term ``national 
     securities exchange'' means an exchange that is registered 
     under section 6 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78f).
       (12) Nonentitlement area; state; unit of general local 
     government.--
       (A) In general.--Except as provided in subparagraph (B), 
     the terms ``nonentitlement area'', ``State'', and ``unit of 
     general local government'' have the meanings given those 
     terms in section 102 of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5302).
       (B) State.--For purposes of subparagraphs (A)(ii) and 
     (B)(ii) of subsection (c)(1), the term ``State'' means any 
     State of the United States.
       (13) Program.--The term ``Program'' means the Small 
     Business Local Relief Program established under this section.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (15) Small business emergency fund.--The term ``small 
     business emergency fund'' means a fund or program--
       (A) established by a State, a unit of general local 
     government, an Indian Tribe, or an entity designated by a 
     State, unit of general local government, or Indian Tribe; and
       (B) that provides or administers financing to eligible 
     entities (including any particular class or category of 
     eligible entities determined appropriate by the entity 
     establishing the fund or program) in the form of grants, low-
     interest loans, or other means in accordance with the needs 
     of eligible entities and the capacity of the fund or program.
       (16) Women-owned entity.--The term ``women-owned entity'' 
     means an entity--
       (A) more than 50 percent of the ownership or control of 
     which is held by not less than 1 woman; and
       (B) more than 50 percent of the net profit or loss of which 
     accrues to not less than 1 woman.
       (b) Establishment.--There is established in the Department 
     of the Treasury the Small Business Local Relief Program, the 
     purpose of which is to allocate resources to States, units of 
     general local government, and Indian Tribes to provide 
     assistance to eligible entities and organizations that assist 
     eligible entities.
       (c) Funding.--
       (1) Funding to states, localities, and indian tribes.--
       (A) In general.--Of the amounts made available to carry out 
     the Program under subsection (i), the Secretary shall 
     allocate--
       (i) $35,000,000,000 to States and units of general local 
     government in accordance with subparagraph (B)(i);
       (ii) $15,000,000,000 to States in accordance with 
     subparagraph (B)(ii); and
       (iii) $500,000,000 to the Secretary of Housing and Urban 
     Development for allocations to Indian Tribes in accordance 
     with subparagraph (B)(iii).
       (B) Allocations.--
       (i) Formula for states and units of general local 
     government.--Of the amount allocated under subparagraph 
     (A)(i)--

       (I) 70 percent shall be allocated to entitlement 
     communities in accordance with the formula under section 
     106(b) of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5306(b)); and
       (II) 30 percent shall be allocated to States, for use in 
     nonentitlement areas, in accordance with the formula under 
     section 106(d)(1) of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5306(d)(1)).

       (ii) Rural bonus formula for states.--The Secretary shall 
     allocate the amount allocated under subparagraph (A)(ii) to 
     States, for use in nonentitlement areas, in accordance with 
     the formula under section 106(d)(1) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5306(d)(1)).
       (iii) Competitive awards to indian tribes.--

       (I) In general.--The Secretary of Housing and Urban 
     Development shall allocate to Indian Tribes on a competitive 
     basis the amount allocated under subparagraph (A)(iii).
       (II) Requirements.--In making allocations under subclause 
     (I), the Secretary of Housing and Urban Development shall, to 
     the greatest extent practicable, ensure that each Indian 
     Tribe that satisfies requirements established by the 
     Secretary of Housing and Urban Development receives such an 
     allocation.

       (C) State allocations for nonentitlement areas.--
       (i) Equitable allocation.--To the greatest extent 
     practicable, a State shall allocate amounts for 
     nonentitlement areas under clauses (i)(II) and (ii) of 
     subparagraph (B) on an equitable basis.
       (ii) Distribution of amounts.--

       (I) Discretion.--Not later than 14 days after the date on 
     which a State receives amounts for use in a nonentitlement 
     area under clause (i)(II) or (ii) of subparagraph (B), the 
     State shall--

       (aa) distribute the amounts, or a portion thereof, to a 
     unit of general local government located in the 
     nonentitlement area, or an entity designated thereby, that 
     has established or will establish a small business emergency 
     fund, for use under paragraph (2); or
       (bb) elect to reserve the amounts, or a portion thereof, 
     for use by the State under paragraph (2) for the benefit of 
     eligible entities located in the nonentitlement area.

       (II) Units of general local government with small business 
     emergency funds.--In distributing amounts under subclause 
     (I), in the case of amounts allocated for a nonentitlement 
     area in which a unit of general local government or an entity 
     designated thereby has established a small business emergency 
     fund and has demonstrated an ability to administer that fund 
     efficiently and effectively, a State shall, as quickly as is 
     practicable, distribute an equitable amount to that unit of 
     general local government or entity, respectively, as 
     described in item (aa) of that subclause.

       (iii) Treatment of states not acting as pass-through agents 
     under cdbg.--The Secretary shall allocate amounts to a State 
     under this paragraph without regard to whether the State has 
     elected to distribute amounts allocated under section 
     106(d)(1) of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5306(d)(1)).
       (2) Use of funds.--
       (A) In general.--A State, unit of general local government, 
     entity designated by a unit of general local government, or 
     Indian Tribe that receives an allocation under paragraph (1), 
     whether directly or indirectly, may use that allocation--
       (i) to provide funding to a small business emergency fund 
     established by that State (or entity designated thereby), 
     that unit of general local government (or entity designated 
     thereby), that entity designated by a unit of general local 
     government, or that Indian Tribe (or entity designated 
     thereby), respectively;
       (ii) to provide funding to support organizations that 
     provide technical assistance to eligible entities; or
       (iii) subject to subparagraph (B), to pay for 
     administrative costs incurred by that State (or entity 
     designated thereby), that unit of general local government 
     (or entity designated thereby), that entity designated by a 
     unit of general local government, or that Indian Tribe (or 
     entity designated thereby), respectively, in establishing and 
     administering a small business emergency fund.
       (B) Limitation.--A State, unit of general local government, 
     entity designated by a unit of general local government, or 
     Indian Tribe may not use more than 3 percent of an allocation 
     received under paragraph (1) for a purpose described in 
     subparagraph (A)(iii) of this paragraph.
       (C) Obligation deadlines.--
       (i) States.--Of the amounts that a State elects under 
     paragraph (1)(C)(ii)(I)(bb) to reserve for use by the State 
     under this paragraph--

       (I) any amounts that the State provides to a small business 
     emergency fund under subparagraph (A)(i) of this paragraph 
     shall be obligated by the small business emergency fund for 
     expenditure not later than 90 days after the date on which 
     the State received the amounts from the Secretary under 
     clause (i) or (ii) of paragraph (1)(A); and
       (II) any amounts that the State chooses to provide to an 
     organization under subparagraph (A)(ii) of this paragraph, or 
     to use to pay for administrative costs under subparagraph 
     (A)(iii) of this paragraph, shall be obligated by the State 
     for expenditure not later than 90 days after the date on 
     which the State received the amounts from the Secretary under 
     clause (i) or (ii) of paragraph (1)(A).

       (ii) Entitlement communities.--Of the amounts that an 
     entitlement community receives from the Secretary under 
     paragraph (1)(B)(i)(I)--

       (I) any amounts that the entitlement community provides to 
     a small business emergency fund under subparagraph (A)(i) of 
     this paragraph shall be obligated by the small business 
     emergency fund for expenditure not later than 90 days after 
     the date on which the entitlement community received the 
     amounts; and
       (II) any amounts that the entitlement community chooses to 
     provide to an organization under subparagraph (A)(ii) of this 
     paragraph, or to use to pay for administrative costs under 
     subparagraph (A)(iii) of this paragraph, shall be obligated 
     by the entitlement community for expenditure not later than 
     90 days after the date on which the entitlement community 
     received the amounts.

       (iii) Nonentitlement communities.--Of the amounts that a 
     unit of general local government, or an entity designated 
     thereby, located in a nonentitlement area receives from a 
     State under paragraph (1)(C)(ii)(I)(aa)--

       (I) any amounts that the unit of general local government 
     or entity provides to a small business emergency fund under 
     subparagraph (A)(i) of this paragraph shall be obligated by 
     the small business emergency fund for expenditure not later 
     than 90 days after the date on which the State received the 
     amounts from the Secretary under clause (i) or (ii) of 
     paragraph (1)(A); and
       (II) any amounts that the unit of general local government 
     or entity chooses to provide to a support organization under 
     subparagraph (A)(ii) of this paragraph or to use to pay for 
     administrative costs under subparagraph (A)(iii) of this 
     paragraph shall be obligated by the unit of general local 
     government or entity for expenditure not later

[[Page S4840]]

     than 90 days after the date on which the State received the 
     amounts from the Secretary under clause (i) or (ii) of 
     paragraph (1)(A).

       (D) Recovery of unobligated funds.--If a State, entitlement 
     community, other unit of general local government, entity 
     designated by a unit of general local government, or small 
     business emergency fund fails to obligate amounts by the 
     applicable deadline under subparagraph (C), the Secretary 
     shall recover the amount of those amounts that remain 
     unobligated, as of that deadline.
       (E) Collaboration.--It is the sense of Congress that--
       (i) an entitlement community that receives amounts 
     allocated under paragraph (1)(B)(i)(I) should collaborate 
     with the applicable local entity responsible for economic 
     development and small business development in establishing 
     and administering a small business emergency fund; and
       (ii) States, units of general local government (including 
     units of general local government located inside and outside 
     nonentitlement areas), and Indian Tribes that receive amounts 
     under paragraph (1) and are located in the same region should 
     collaborate in establishing and administering small business 
     emergency funds.
       (d) Small Business Emergency Funds.--With respect to a 
     small business emergency fund that receives funds from an 
     allocation made under subsection (c)--
       (1) the small business emergency fund shall establish, and 
     make publicly available, guidelines with respect to the 
     receipt of assistance from the fund, including--
       (A) eligibility to receive that assistance; and
       (B) financing terms and document retention requirements 
     with respect to a recipient of that assistance;
       (2) if the small business emergency fund makes a loan to an 
     eligible entity with those funds, the small business 
     emergency fund may use amounts returned to the small business 
     emergency fund from the repayment of the loan to provide 
     further assistance to eligible entities, without regard to 
     the termination date described in subsection (j); and
       (3) the small business emergency fund--
       (A) shall conduct outreach to eligible entities that are 
     less likely to participate in programs established under the 
     CARES Act (Public Law 116-136; 134 Stat. 281) and the 
     amendments made by that Act, including minority-owned 
     entities, businesses in low-income communities, businesses in 
     rural and Tribal areas, and other businesses that are 
     underserved by the traditional banking system;
       (B) in providing financing to eligible entities with those 
     funds, shall, to the maximum extent practicable, give 
     preference to eligible entities that have not received a loan 
     under section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)), which shall have no effect on the ability of the 
     eligible entity to receive a loan under such section 7(a)(36) 
     if the eligible entity is otherwise eligible to receive such 
     a loan; and
       (C) shall adopt standards that--
       (i) encourage participation by the greatest number of 
     eligible entities possible; and
       (ii) establish a reasonable expectation of payment with 
     respect to financing provided to eligible entities with those 
     funds.
       (e) Information Gathering.--
       (1) In general.--When providing assistance to an eligible 
     entity with funds received from an allocation made under 
     subsection (c), the entity providing assistance shall--
       (A) inquire whether the eligible entity is--
       (i) in the case of an eligible entity that is a business 
     entity or a nonprofit organization, a women-owned entity or a 
     minority-owned entity; and
       (ii) in the case of an eligible entity who is an 
     individual, a woman or a minority; and
       (B) maintain a record of the responses to each inquiry 
     conducted under subparagraph (A), which the entity shall 
     promptly submit to the applicable State, unit of general 
     local government, or Indian Tribe.
       (2) Right to refuse.--An eligible entity may refuse to 
     provide any information requested under paragraph (1)(A).
       (f) Reporting.--
       (1) In general.--Not later than 30 days after the date on 
     which a State, unit of general local government, or Indian 
     Tribe initially receives an allocation made under subsection 
     (c), and not later than 14 days after the date on which that 
     State, unit of local government, or Indian Tribe completes 
     the full expenditure of that allocation, that State, unit of 
     general local government, or Indian Tribe shall submit to the 
     Secretary a report that includes--
       (A) the number of recipients of assistance made available 
     from the allocation;
       (B) the total amount, and type, of assistance made 
     available from the allocation;
       (C) to the extent applicable, with respect to each 
     recipient described in subparagraph (A), information 
     regarding the industry of the recipient, the amount of 
     assistance received by the recipient, the annual sales of the 
     recipient, and the number of employees of the recipient;
       (D) to the extent available from information collected 
     under subsection (e), information regarding the number of 
     recipients described in subparagraph (A) that are minority-
     owned entities, minorities, women, and women-owned entities;
       (E) the zip code of each recipient described in 
     subparagraph (A); and
       (F) any other information that the Secretary, in the sole 
     discretion of the Secretary, determines to be necessary to 
     carry out the Program.
       (2) Public availability.--As soon as is practicable after 
     receiving each report submitted under paragraph (1), the 
     Secretary shall make the information contained in the report, 
     including all of the information described in subparagraphs 
     (A) through (F) of that paragraph, publicly available.
       (g) Rules and Guidance.--The Secretary, in consultation 
     with the Administrator, shall issue any rules and guidance 
     that are necessary to carry out the Program, including by--
       (1) establishing appropriate compliance and reporting 
     requirements, in addition to the reporting requirements under 
     subsection (f);
       (2) as soon as practicable after the date of enactment of 
     this Act, issuing guidance with respect to the collection, 
     maintenance, and reporting of information under subsections 
     (e) and (f) (and any requirements established under paragraph 
     (1)), including--
       (A) the means by which an entity to which those subsections 
     and other requirements apply shall collect and maintain that 
     information; and
       (B) with respect to a report required under subsection (f), 
     or under a requirement established under paragraph (1), the 
     format that an entity to which any such requirement applies 
     shall use to submit such a report; and
       (3) defining terms, other than those terms that are defined 
     in subsection (a).
       (h) Oversight.--
       (1) Inspector general.--
       (A) In general.--The Inspector General of the Department of 
     the Treasury shall conduct monitoring and oversight of the 
     receipt, disbursement, and use of funds under the Program.
       (B) Recoupment.--If the Inspector General of the Department 
     of the Treasury determines that an entity that receives 
     amounts made available under the Program has failed to comply 
     with a requirement of this section, the amount equal to the 
     amount of funds used in violation of this section shall be 
     booked as a debt of that entity owed to the Federal 
     Government and, when recouped, shall be deposited in the 
     General Fund of the Treasury.
       (2) GAO.--Not later than 1 year after the date on which the 
     Program terminates under subsection (j), the Comptroller 
     General of the United States shall conduct a review of the 
     Program and submit to the appropriate committees of Congress 
     a report that contains the results of that review.
       (i) Appropriation.--
       (1) In general.--There are appropriated to the Secretary 
     for fiscal year 2020, out of amounts in the Treasury not 
     otherwise appropriated, $50,500,000,000 to carry out the 
     Program, which shall remain available until the termination 
     date described in subsection (j).
       (2) Application of provisions.--Amounts appropriated under 
     paragraph (1) shall be subject to the requirements contained 
     in the Further Consolidated Appropriations Act, 2020 (Public 
     Law 116-94) for funds for programs authorized under sections 
     330 through 340 of the Public Health Service Act (42 U.S.C. 
     254b through 256).
       (j) Termination.--The Program, and any rules and guidance 
     issued under subsection (g) with respect to the Program, 
     shall terminate on the date that is 1 year after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2538. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        Strike section 2 and insert the following:

     SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC UNEMPLOYMENT 
                   COMPENSATION TO BETTER MATCH LOST WAGES.

       (a) Extension.--Section 2104(e)(2) of the Relief for 
     Workers Affected by Coronavirus Act (contained in subtitle A 
     of title II of division A of the CARES Act (Public Law 116-
     136)) is amended by striking ``July 31, 2020'' and inserting 
     ``December 31, 2020''.
       (b) Improvements to Accuracy of Payments.--
       (1) Federal pandemic unemployment compensation.--
       (A) In general.--Section 2104(b) of the Relief for Workers 
     Affected by Coronavirus Act (contained in subtitle A of title 
     II of division A of the CARES Act (Public Law 116-136)) is 
     amended--
       (i) in paragraph (1)(B), by striking ``of $600'' and 
     inserting ``equal to the amount specified in paragraph (3)''; 
     and
       (ii) by adding at the end the following new paragraph:
       ``(3) Amount of federal pandemic unemployment 
     compensation.--
       ``(A) In general.--The amount specified in this paragraph 
     is the following amount with respect to an individual:
       ``(i) For weeks of unemployment beginning after the date on 
     which an agreement is entered into under this section and 
     ending on or before July 31, 2020, $600.
       ``(ii) For weeks of unemployment beginning after the last 
     week under clause (i) and ending on or before September 28, 
     2020. $500.
       ``(iii) For weeks of unemployment beginning after the last 
     week under clause (ii) and

[[Page S4841]]

     ending on or before December 31, 2020, an amount (not to 
     exceed $500) equal to one of the following, as determined by 
     the State for all individuals:

       ``(I) Subject to subclause (II), an amount equal to--

       ``(aa) 100 percent of the individual's average weekly 
     wages; minus
       ``(bb) the individual's base amount (determined prior to 
     any reductions or offsets).

       ``(II) If proposed by the State as an alternative to 
     subclause (I) and approved by the Secretary, an amount that 
     results in the sum of the base amount and the amount of 
     Federal Pandemic Unemployment Compensation under this section 
     being on average equal to 100 percent of lost wages.

       ``(B) Base amount.--For purposes of this paragraph, the 
     term `base amount' means, with respect to an individual, an 
     amount equal to--
       ``(i) for weeks of unemployment under the pandemic 
     unemployment assistance program under section 2102, the 
     amount determined under subsection (d)(1)(A)(i) or (d)(2) of 
     such section 2102, as applicable; or
       ``(ii) for all other weeks of unemployment, the amount 
     determined under paragraph (1)(A) of this subsection.
       ``(C) Average weekly wages.--
       ``(i) In general.--Subject to clause (ii), for purposes of 
     this paragraph, the term `average weekly wages' means, with 
     respect to an individual, the following:

       ``(I) If the State computes the individual weekly 
     unemployment compensation benefit amount based on an 
     individual's average weekly wages in a base period, an amount 
     equal to the individual's average weekly wages used in such 
     computation.
       ``(II) If the State computes the individual weekly 
     unemployment compensation benefit amount based on high 
     quarter wages or a formula using wages across some but not 
     all quarters in a base period, an amount equal to \1/13\ of 
     such high quarter wages or average wages of the applicable 
     quarters used in the computation for the individual.
       ``(III) If the State uses computations other than the 
     computations under subclause (I) or (II) for the individual 
     weekly unemployment compensation benefit amount, or for 
     computations of the weekly benefit amount under the pandemic 
     unemployment assistance program under section 2102, as 
     described in subsection (d)(1)(A)(i) or (d)(2) of such 
     section 2102, for which subclause (I) or (II) do not apply, 
     an amount equal to \1/52\ of the sum of all base period 
     wages.

       ``(ii) Special rule.--If more than one of the methods of 
     computation under subclauses (I), (II), and (III) of clause 
     (i) are applicable to a State, then such term shall mean the 
     amount determined under the applicable subclause of clause 
     (i) that results in the highest amount of average weekly 
     wages.''.
       (B) Technical amendment regarding application to short-time 
     compensation programs and agreements.--Section 2104(i)(2) of 
     the Relief for Workers Affected by Coronavirus Act (contained 
     in subtitle A of title II of division A of the CARES Act 
     (Public Law 116-136)) is amended--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) short-time compensation under section 2108 or 
     2109.''.
       (2) Conforming amendments.--
       (A) Pandemic unemployment assistance.--Section 2102(d) of 
     the Relief for Workers Affected by Coronavirus Act (contained 
     in subtitle A of title II of division A of the CARES Act 
     (Public Law 116-136)) is amended by inserting ``with respect 
     to the individual'' after ``section 2104'' in each of 
     paragraphs (1)(A)(ii) and (2).
       (B) Pandemic emergency unemployment compensation.--Section 
     2107 of the Relief for Workers Affected by Coronavirus Act 
     (contained in subtitle A of title II of division A of the 
     CARES Act (Public Law 116-136)) is amended--
       (i) in subsection (a)(4)(A)(ii), by inserting ``with 
     respect to the individual'' after ``section 2104''; and
       (ii) in subsection (b)(2), by inserting ``with respect to 
     the individual'' after ``section 2104''.
       (c) Consistent Treatment of Earnings and Unemployment 
     Compensation.--Section 2104(h) of the Relief for Workers 
     Affected by Coronavirus Act (contained in subtitle A of title 
     II of division A of the CARES Act (Public Law 116-136)) is 
     amended by adding at the end the following new sentence: 
     ``The preceding sentence shall not apply to any Federal 
     Pandemic Unemployment Compensation paid to an individual with 
     respect to a week of unemployment ending on or after October 
     5, 2020.''.
       (d) Requirement for Return to Work Notification and 
     Reporting.--Section 2104(b) of the Relief for Workers 
     Affected by Coronavirus Act (contained in subtitle A of title 
     II of division A of the CARES Act (Public Law 116-136)) is 
     amended by adding at the end the following new paragraph:
       ``(3) Beginning 30 days after the date of enactment of this 
     paragraph, any agreement under this section shall require 
     that the State has in place a process to address refusal to 
     return to work or refusal of suitable work that includes the 
     following:
       ``(A) Providing a plain-language notice to individuals at 
     the time of applying for benefits regarding State law 
     provisions relating to each of the following:
       ``(i) Return to work requirements.
       ``(ii) Rights to refuse to return to work or to refuse 
     suitable work.
       ``(iii) How to contest the denial of a claim that has been 
     denied due to a claim by an employer that the individual 
     refused to return to work or refused suitable work.
       ``(B) Providing a plain-language notice to employers 
     through any system used by employers or any regular 
     correspondence sent to employers regarding how to notify the 
     State if an individual refuses to return to work.
       ``(C) Other items determined appropriate by the Secretary 
     of Labor.''.
       (e) Effective Date.--The amendments made by this section 
     (other than the amendment made by subsection (d)) shall take 
     effect as if included in the enactment of the Relief for 
     Workers Affected by Coronavirus Act (contained in subtitle A 
     of title II of division A of the CARES Act (Public Law 116-
     136)).

     SEC. 3. SUPPLEMENTAL EMERGENCY UNEMPLOYMENT RELIEF FOR 
                   GOVERNMENTAL ENTITIES AND NONPROFIT 
                   ORGANIZATIONS.

       (a) In General.--Section 903(i)(1)(B) of the Social 
     Security Act (42 U.S.C. 1103(i)(1)(B)) is amended by striking 
     ``one-half'' and inserting ``75 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Relief for Workers Affected by Coronavirus Act (contained in 
     subtitle A of title II of division A of the CARES Act (Public 
     Law 116-136)).

     SEC. 4. IMPROVEMENTS TO STATE UNEMPLOYMENT SYSTEMS AND 
                   STRENGTHENING PROGRAM INTEGRITY.

       (a) Unemployment Compensation Systems.--
       (1) In general.--Section 303(a) of the Social Security Act 
     (42 U.S.C. 503(a)) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``provision for--'' and inserting ``provision for each of the 
     following:'';
       (B) at the end of each of paragraphs (1) through (10) and 
     paragraph (11)(B), by striking ``; and'' and inserting a 
     period; and
       (C) by adding at the end the following new paragraph:
       ``(13) The State system shall, in addition to meeting the 
     requirements under section 1137, meet the following 
     requirements:
       ``(A) The system shall be capable of handling a surge of 
     claims that would represent a twentyfold increase in claims 
     from January 2020 levels, occurring over a one-month period.
       ``(B) The system shall be capable of--
       ``(i) adjusting wage replacement levels for individuals 
     receiving unemployment compensation;
       ``(ii) adjusting weekly earnings disregards, including the 
     ability to adjust such disregards in relation to an 
     individual's earnings or weekly benefit amount; and
       ``(iii) providing for wage replacement levels that vary 
     based on the duration of benefit receipt.
       ``(C) The system shall have in place an automated process 
     for receiving and processing claims for disaster unemployment 
     assistance under section 410(a) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5177(a)), with flexibility to adapt rules regarding 
     individuals eligible for assistance and the amount payable.
       ``(D) In the case of a State that makes payments of short-
     time compensation under a short-time compensation program (as 
     defined in section 3306(v) of the Internal Revenue Code of 
     1986), the system shall have in place an automated process of 
     receiving and processing claims for short-time compensation.
       ``(E) The system shall have in place an automated process 
     for receiving and processing claims for--
       ``(i) unemployment compensation for Federal civilian 
     employees under subchapter I of chapter 85 of title 5, United 
     States Code;
       ``(ii) unemployment compensation for ex-servicemembers 
     under subchapter II of chapter 85 of title 5, United States 
     Code; and
       ``(iii) trade readjustment allowances under sections 231 
     through 233 of the Trade Act of 1974 (19 U.S.C. 2291-
     2293).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to weeks of unemployment beginning on or after 
     the earlier of--
       (A) the date the State changes its statutes, regulations, 
     or policies in order to comply with such amendment; or
       (B) October 1, 2023.
       (b) Electronic Transmission of Unemployment Compensation 
     Information.--Section 303 of the Social Security Act (42 
     U.S.C. 503) is amended by adding at the end the following new 
     subsection:
       ``(n) Electronic Transmission of Unemployment Compensation 
     Information.--
       ``(1) In general.--Not later than October 1, 2022, the 
     State agency charged with administration of the State law 
     shall use a system developed (in consultation with 
     stakeholders) and designated by the Secretary of Labor for 
     automated electronic transmission of requests for information 
     relating to unemployment compensation and the provision of 
     such information between such agency and employers or their 
     agents.
       ``(2) Use of appropriated funds.--The Secretary of Labor 
     may use funds appropriated for grants to States under this 
     title to make payments on behalf of States as the Secretary 
     determines is appropriate for the use of the system described 
     in paragraph (1).
       ``(3) Employer participation.--- The Secretary of Labor 
     shall work with the State

[[Page S4842]]

     agency charged with administration of the State law to 
     increase the number of employers using this system and to 
     resolve any technical challenges with the system.
       ``(4) Reports on use of electronic system.--After the end 
     of each fiscal year, on a date determined by the Secretary, 
     each State shall report to the Secretary information on--
       ``(A) the proportion of employers using the designated 
     system described in paragraph (1);
       ``(B) the reasons employers are not using such system; and
       ``(C) the efforts the State is undertaking to increase 
     employer's use of such system.
       ``(5) Enforcement.--Whenever the Secretary of Labor, after 
     reasonable notice and opportunity for hearing to the State 
     agency charged with the administration of the State law, 
     finds that there is a failure to comply substantially with 
     the requirements of paragraph (1), the Secretary of Labor 
     shall notify such State agency that further payments will not 
     be made to the State until the Secretary of Labor is 
     satisfied that there is no longer any such failure. Until the 
     Secretary of Labor is so satisfied, such Secretary shall make 
     no future certification to the Secretary of the Treasury with 
     respect to the State.''.
       (c) Unemployment Compensation Integrity Data Hub.--
       (1) In general.--Section 303(a) of the Social Security Act 
     (42 U.S.C. 503(a)), as amended by subsection (a), is amended 
     by adding at the end the following new paragraph:
       ``(14) The State agency charged with administration of the 
     State law shall use the system designated by the Secretary of 
     Labor for cross-matching claimants of unemployment 
     compensation under State law against any databases in the 
     system to prevent and detect fraud and improper payments.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to weeks of unemployment beginning on or after 
     the earlier of--
       (A) the date the State changes its statutes, regulations, 
     or policies in order to comply with such amendment; or
       (B) October 1, 2022.
       (d) Reducing State Burden in Providing Data to Prevent and 
     Detect Fraud.--Section 303 of the Social Security Act (42 
     U.S.C. 503), as amended by subsection (b), is amended by 
     adding at the end the following new subsection:
       ``(o) Use of Unemployment Claims Data to Prevent and Detect 
     Fraud.--The Inspector General of the Department of Labor 
     shall, for the purpose of identifying and investigating fraud 
     in unemployment compensation programs, have direct access to 
     each of the following systems:
       ``(1) The system designated by the Secretary of Labor for 
     the electronic transmission of requests for information 
     relating to interstate claims for unemployment compensation.
       ``(2) The system designated by the Secretary of Labor for 
     cross-matching claimants of unemployment compensation under 
     State law against databases to prevent and detect fraud and 
     improper payments (as referred to in subsection (a)(14).''.
       (e) Use of National Directory of New Hires in 
     Administration of Unemployment Compensation Programs and 
     Penalties on Noncomplying Employers.--
       (1) In general.--Section 303 of the Social Security Act (42 
     U.S.C. 503), as amended by subsections (b) and (d), is 
     amended by adding at the end the following new subsection:
       ``(p) Use of National Directory of New Hires.--
       ``(1) In general.--Not later than October 1, 2022, the 
     State agency charged with administration of the State law 
     shall--
       ``(A) compare information in the National Directory of New 
     Hires established under section 453(i) against information 
     about individuals claiming unemployment compensation to 
     identify any such individuals who may have become employed, 
     in accordance with any regulations or guidance that the 
     Secretary of Health and Human Services may issue and 
     consistent with the computer matching provisions of the 
     Privacy Act of 1974;
       ``(B) take timely action to verify whether the individuals 
     identified pursuant to subparagraph (A) are employed; and
       ``(C) upon verification pursuant to subparagraph (B), take 
     appropriate action to suspend or modify unemployment 
     compensation payments, and to initiate recovery of any 
     improper unemployment compensation payments that have been 
     made.
       ``(2) Enforcement.--Whenever the Secretary of Labor, after 
     reasonable notice and opportunity for hearing to the State 
     agency charged with the administration of the State law, 
     finds that there is a failure to comply substantially with 
     the requirements of paragraph (1), the Secretary of Labor 
     shall notify such State agency that further payments will not 
     be made to the State until the Secretary of Labor is 
     satisfied that there is no longer any such failure. Until the 
     Secretary of Labor is so satisfied, such Secretary shall make 
     no future certification to the Secretary of the Treasury with 
     respect to the State.''.
       (2) Penalties.--
       (A) In general.--Section 453A(d) of the Social Security Act 
     (42 U.S.C. 653a(d)), in the matter preceding paragraph (1), 
     is amended by striking ``have the option to set a State civil 
     money penalty which shall not exceed'' and inserting ``set a 
     State civil money penalty which shall be no less than''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to penalties assessed on or after October 1, 
     2022.
       (f) State Performance.--
       (1) In general.--Section 303 of the Social Security Act (42 
     U.S.C. 503), as amended by subsections (b), (d), and (e), is 
     amended by adding at the end the following new subsection:
       ``(q) State Performance.--
       ``(1) In general.--For purposes of assisting States in 
     meeting the requirements of this title, title IX, title XII, 
     or chapter 23 of the Internal Revenue Code of 1986 (commonly 
     referred to as `the Federal Unemployment Tax Act'), the 
     Secretary of Labor may--
       ``(A) consistent with subsection (a)(1), establish measures 
     of State performance, including criteria for acceptable 
     levels of performance, performance goals, and performance 
     measurement programs;
       ``(B) consistent with subsection (a)(6), require States to 
     provide to the Secretary of Labor data or other relevant 
     information from time to time concerning the operations of 
     the State or State performance, including the measures, 
     criteria, goals, or programs established under paragraph (1);
       ``(C) require States with sustained failure to meet 
     acceptable levels of performance or with performance that is 
     substantially below acceptable standards, as determined based 
     on the measures, criteria, goals, or programs established 
     under subparagraph (A), to implement specific corrective 
     actions and use specified amounts of the administrative 
     grants under this title provided to such States to improve 
     performance; and
       ``(D) based on the data and other information provided 
     under subparagraph (B)--
       ``(i) to the extent the Secretary of Labor determines funds 
     are available after providing grants to States under this 
     title for the administration of State laws, recognize and 
     make awards to States for performance improvement, or 
     performance exceeding the criteria or meeting the goals 
     established under subparagraph (A); or
       ``(ii) to the extent the Secretary of Labor determines 
     funds are available after providing grants to States under 
     this title for the administration of State laws, provide 
     incentive funds to high-performing States based on the 
     measures, criteria, goals, or programs established under 
     subparagraph (A).
       ``(2) Enforcement.--Whenever the Secretary of Labor, after 
     reasonable notice and opportunity for hearing to the State 
     agency charged with the administration of the State law, 
     finds that there is a failure to comply substantially with 
     the requirements of paragraph (1), the Secretary of Labor 
     shall notify such State agency that further payments will not 
     be made to the State until the Secretary of Labor is 
     satisfied that there is no longer any such failure. Until the 
     Secretary of Labor is so satisfied, such Secretary shall make 
     no future certification to the Secretary of the Treasury with 
     respect to the State.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act.
       (g) Funding.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Secretary of Labor $2,000,000,000 to 
     assist States in carrying out the amendments made by this 
     section, which may include regional or multi-State efforts. 
     Amounts appropriated under the preceding sentence shall 
     remain available until expended.

     SEC. 5. FUNDING FOR STATE UNEMPLOYMENT INSURANCE AND 
                   EMPLOYMENT SERVICE OPERATIONS.

       (a) In General.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, in addition to 
     other amounts appropriated, there are appropriated for State 
     unemployment insurance and employment service operations, 
     $1,504,000,000, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund ( in this section referred to 
     as the ``Trust Fund'').
       (b) Use.--Amounts approriated under subsection (a) shall be 
     available as follows:
       (1)(A) Subject to subparagraphs (B) and (C), $1,115,500,000 
     from the Trust Fund shall be available for providing grants 
     to States for the administration of State unemployment 
     insurance laws as authorized under title III of the Social 
     Security Act, including grants to upgrade information 
     technology to improve the administration and processing of 
     unemployment compensation claims. Such amounts shall remain 
     available through December 31, 2021.
       (B) The Secretary of Labor may distribute amounts under 
     subparagraph (A), with respect to upgrading information 
     technology, based on the condition and needs of the State 
     information technology systems or other appropriate factors, 
     which may include the ratio described under section 
     903(a)(2)(B) of the Social Security AcT (42 U.S.C. 
     1103(a)(2)(B)).
       (C) Grant funds provided to States under this paragraph for 
     upgrading information technology shall be available for 
     obligation by the States through September 30, 2027 and 
     available for expenditure by the States through September 30, 
     2028.
       (2) $38,500,000 from the Trust Fund shall be available for 
     national activities necessary to support the administration 
     of the Federal-State unemployment insurance system. Such

[[Page S4843]]

     amounts shall remain available through September 30, 2021.
       (3) $350,000,000 from the Trust Fund shall be available for 
     providing grants to States in accordance with section 6 of 
     the Wagner-Peyser Act. Such amounts shall remain available 
     through June 30, 2021.

     SEC. 6. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided by this Act and the 
     amendments made by this Act 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 Act and the 
     amendments made by this Act are 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.
                                 ______
                                 
  SA 2539. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

  TITLE __--RESTORING CRITICAL SUPPLY CHAINS AND INTELLECTUAL PROPERTY

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Restoring Critical Supply 
     Chains and Intellectual Property Act''.

                       Subtitle A--U.S. MADE Act

     SEC. _11. SHORT TITLE.

       This subtitle may be cited as the ``United States 
     Manufacturing Availability of Domestic Equipment Act'' or the 
     ``U.S. MADE Act of 2020''.

     SEC. _12. DOMESTIC PURCHASING REQUIREMENT FOR PERSONAL 
                   PROTECTIVE EQUIPMENT ACQUISITIONS FOR THE 
                   STRATEGIC NATIONAL STOCKPILE.

       Section 319F-2(a) of the Public Health Service Act (42 
     U.S.C. 247d-6b(a)) is amended by adding at the end the 
     following:
       ``(6) Domestic procurement requirement for personal 
     protective equipment.--
       ``(A) Requirement.--Except as provided in subparagraphs (C) 
     and (D), funds appropriated or otherwise available to the 
     Secretary for the Strategic National Stockpile may not be 
     used for the procurement of an item described in subparagraph 
     (B) unless the item was grown, reprocessed, reused, or 
     produced in the United States.
       ``(B) Covered items.--An item described in this 
     subparagraph is an article or item of--
       ``(i) personal protective equipment and clothing (and the 
     materials and components thereof), other than sensors, 
     electronics, or other items added to, and not normally 
     associated with, such personal protective equipment;
       ``(ii) sanitizing supplies and ancillary medical supplies 
     such as disinfecting wipes, privacy curtains, beds and 
     bedding, testing swabs, gauze and bandages, tents, 
     tarpaulins, covers, or bags; or
       ``(iii) any other textile medical supplies and textile 
     equipment described in paragraph (1).
       ``(C) Availability exception.--Subparagraph (A) shall not 
     apply to an item described in subparagraph (B)--
       ``(i) that is, or that includes, a material listed in 
     section 25.104 of the Federal Acquisition Regulation as one 
     for which a non-availability determination has been made;
       ``(ii) as to which the Secretary determines that a 
     sufficient quantity of a satisfactory quality of such item 
     that is grown, reprocessed, reused, or produced in the United 
     States cannot be procured as, and when, needed; or
       ``(iii) if, after maximizing to the extent feasible sources 
     consistent with subparagraph (A), the Secretary certifies 
     every 90 days that it is necessary to procure products under 
     this paragraph under expedited procedures to respond to the 
     immediate needs of a public health emergency pursuant to 
     section 319.
       ``(D) Exception for small procurements.--Subparagraph (A) 
     shall not apply to procurements for amounts that do not 
     exceed $150,000. A proposed procurement for an amount in 
     excess of $150,000 may not be divided into several 
     procurements or contracts for lesser amounts in order to 
     qualify for the exception under this subparagraph.
       ``(E) Consultation.--The Secretary shall consult with the 
     United States Trade Representative on a matter under this 
     subsection that concerns an obligation of the United States 
     under any international trade agreement.
       ``(F) Notification required within 7 days after procurement 
     contract award if certain exceptions applied.--In the case of 
     any procurement contracts of an item described in 
     subparagraph (B), if the Secretary applies the exception 
     described in subparagraph (C) with respect to that 
     procurement contract, the Secretary shall, not later than 7 
     days after the awarding of the procurement contract, post a 
     notification that the exception has been applied on the 
     relevant Internet website maintained by the General Services 
     Administration, except for any information that is exempt 
     from mandatory disclosure under section 552 of title 5, 
     United States Code.
       ``(G) Training during fiscal year 2021.--
       ``(i) In general.--The Secretary shall ensure that each 
     member of the acquisition workforce in the Department of 
     Health and Human Services who participates substantially on a 
     regular basis in procurements related to the maintenance of 
     the Strategic National Stockpile receives training during 
     fiscal year 2021 on the requirements of this paragraph.
       ``(ii) Inclusion of information in new training programs.--
     The Secretary shall ensure that any training program for the 
     acquisition workforce, as described in clause (i), developed 
     or implemented after fiscal year 2021, includes comprehensive 
     information on the requirements described in subparagraph 
     (A).
       ``(H) Effective date.--The Secretary shall increase the 
     percentage of contracts by value entered into for products 
     described in subparagraph (B) incrementally to 100 percent as 
     soon as practicable, but in no event later than the end of 
     the 5-year period beginning on the date of enactment of this 
     paragraph. The Secretary shall notify the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives within 60 days of such date of enactment 
     regarding the percentage of products described in 
     subparagraph (B) that meet the requirements of this 
     paragraph.
       ``(I) Report.--Not later than 90 days after the date of 
     enactment of this paragraph, 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 assessing the 
     implementation of this paragraph and the feasibility of 
     applying the requirements of this paragraph to--
       ``(i) not less than 50 percent of contracts by value 
     entered into for products described in subparagraph (B) by 
     September 30, 2021;
       ``(ii) not less than 75 percent of contracts by value 
     entered into for products described in subparagraph (B) by 
     March 31, 2022; and
       ``(iii) not less than 100 percent of contracts by value 
     entered into for products described in subparagraph (B) by a 
     date that is not less than 2 years after the date of 
     enactment of this paragraph.''.

     SEC. _13. INVESTMENT CREDIT FOR QUALIFYING MEDICAL PERSONAL 
                   PROTECTIVE EQUIPMENT MANUFACTURING PROJECTS.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 48C the following new section:

     ``SEC. 48D. QUALIFYING MEDICAL PERSONAL PROTECTIVE EQUIPMENT 
                   MANUFACTURING PROJECT CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying medical personal protective equipment 
     manufacturing project credit for any taxable year is an 
     amount equal to 30 percent of the qualified investment for 
     such taxable year with respect to any qualifying medical 
     personal protective equipment manufacturing project of the 
     taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is--
       ``(A) in the case of any eligible property placed in 
     service by the taxpayer during such taxable year, the basis 
     of such property, and
       ``(B) in the case of any property previously placed in 
     service by the taxpayer during any period before such taxable 
     year which qualifies as eligible property for such taxable 
     year, the adjusted basis of such property (as determined as 
     of the beginning of such taxable year).
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(3) Limitation.--The amount which is treated as the 
     qualified investment for all taxable years with respect to 
     any qualifying medical personal protective equipment 
     manufacturing project shall not exceed the amount designated 
     by the Secretary as eligible for the credit under this 
     section.
       ``(c) Definitions.--
       ``(1) Qualifying medical personal protective equipment 
     manufacturing project.--
       ``(A) In general.--The term `qualifying medical personal 
     protective equipment manufacturing project' means a project--
       ``(i) which re-equips, expands, establishes, or continues a 
     manufacturing facility for the production of--

       ``(I) any item described in paragraph (6)(B) of section 
     319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
     6b(a)), or
       ``(II) any textile products for medical applications which 
     are not described in subclause (I), as identified by the 
     Secretary, in consultation with the Secretary of Health and 
     Human Services, and

       ``(ii) any portion of the qualified investment of which is 
     certified by the Secretary under subsection (d) as eligible 
     for a credit under this section.
       ``(B) Exception.--Subclause (I) of subparagraph (A)(i) 
     shall not include sensors, electronics, or other items added 
     to, and not normally associated with, equipment or clothing 
     described in such subclause.
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is necessary for the production of property 
     described in paragraph (1)(A)(i),

[[Page S4844]]

       ``(B) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the manufacturing facility described 
     in such paragraph,
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable, and
       ``(D) which is part of a qualifying medical personal 
     protective equipment manufacturing project.
       ``(d) Qualifying Medical Personal Protective Equipment 
     Manufacturing Project Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary, in consultation 
     with the Secretary of Health and Human Services, shall 
     establish a qualifying medical personal protective equipment 
     manufacturing project program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying medical personal protective 
     equipment manufacturing project sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program shall not exceed $7,500,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application (containing 
     such information as the Secretary may require) during the 1-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 1 year from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 2 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     medical personal protective equipment manufacturing projects 
     to certify under this section, the Secretary shall take into 
     consideration which projects--
       ``(A) will provide the greatest net increase in job 
     creation (both direct and indirect) within the United States 
     (as defined in section 4612(a)(4)) during the credit period,
       ``(B) will provide the largest net increase in the amount 
     of medical personal protective equipment for which there is 
     the greatest need for purposes of the Strategic National 
     Stockpile (as described in section 319F-2(a) of the Public 
     Health Service Act (42 U.S.C. 247d-6b(a))),
       ``(C) have the greatest potential to help achieve medical 
     manufacturing independence for the United States, and
       ``(D) have the greatest potential to meet current demand or 
     sudden surges in demand for personal protective equipment.
       ``(4) Review and redistribution.--
       ``(A) Review.--Not later than 3 years after the date of 
     enactment of this section, the Secretary shall review the 
     credits allocated under this section as of such date.
       ``(B) Redistribution.--The Secretary may reallocate credits 
     awarded under this section if the Secretary determines that--
       ``(i) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(ii) any certification made pursuant to paragraph (2) has 
     been revoked pursuant to paragraph (2)(B) because the project 
     subject to the certification has been delayed as a result of 
     third party opposition or litigation to the proposed project.
       ``(C) Reallocation.--If the Secretary determines that 
     credits under this section are available for reallocation 
     pursuant to the requirements set forth in paragraph (2), the 
     Secretary is authorized to conduct an additional program for 
     applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.
       ``(e) Denial of Double Benefit.--No credit shall be allowed 
     under any provision of this chapter with respect to any 
     amount taken in account in determining the credit allowed to 
     a taxpayer under this section.''.
       (b) Conforming Amendments.--
       (1) Section 46 of the Internal Revenue Code of 1986 is 
     amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``, and''; and
       (C) by adding at the end the following:
       ``(7) the qualifying medical personal protective equipment 
     manufacturing project credit.''.
       (2) Section 49(a)(1)(C) of such Code is amended--
       (A) by striking ``and'' at the end of clause (iv);
       (B) by striking the period at the end of clause (v) and 
     inserting ``, and''; and
       (C) by adding at the end the following:
       ``(vi) the basis of any property which is part of a 
     qualifying medical personal protective equipment 
     manufacturing project under section 48D.''.
       (3) Section 50(a)(2)(E) of such Code is amended by striking 
     ``or 48C(b)(2)'' and inserting ``, 48C(b)(2), or 48D(b)(2)''.
       (4) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 48C the 
     following new item:

``Sec. 48D. Qualifying medical personal protective equipment 
              manufacturing project credit.''.
       (c) Treatment Under Base Erosion Tax.--Section 
     59A(b)(1)(B)(ii) of the Internal Revenue Code of 1986 is 
     amended by striking ``plus'' at the end of subclause (I), by 
     redesignating subclause (II) as subclause (III), and by 
     inserting after subclause (I) the following new subclause:

       ``(II) the credit allowed under section 38 for the taxable 
     year which is properly allocable to the portion of the 
     investment credit determined under section 46 that is 
     properly allocable to section 48D(a), plus''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to projects certified after the date of enactment 
     of this Act.

     SEC._14. SPECIAL RULES FOR TRANSFERS OF INTANGIBLE PROPERTY 
                   RELATING TO MEDICAL PERSONAL PROTECTIVE 
                   EQUIPMENT TO UNITED STATES SHAREHOLDERS.

       (a) In General.--Subpart F of part III of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 966. TRANSFERS OF INTANGIBLE PROPERTY RELATING TO 
                   MEDICAL PERSONAL PROTECTIVE EQUIPMENT TO UNITED 
                   STATES SHAREHOLDERS.

       ``(a) In General.--Except as otherwise provided by the 
     Secretary, if a controlled foreign corporation holds 
     qualified intangible property on the date of the enactment of 
     this section and thereafter distributes such property to a 
     domestic corporation which is a United States shareholder 
     with respect to such controlled foreign corporation--
       ``(1) for purposes of part I of subchapter C and any other 
     provision of this title specified by the Secretary, the fair 
     market value of such property on the date of such 
     distribution shall be treated as not exceeding the adjusted 
     basis of such property immediately before such distribution, 
     and
       ``(2) if any portion of such distribution is not a 
     dividend--
       ``(A) no gain shall be recognized by such United States 
     shareholder with respect to such distribution, and
       ``(B) the adjusted basis of such property in the hands of 
     such United States shareholder immediately after such 
     distribution shall be the adjusted basis of such property in 
     the hands of such controlled foreign corporation immediately 
     before such distribution reduced by the amount (if any) of 
     gain not recognized by reason of subparagraph (A) (determined 
     after the application of paragraph (1)).
       ``(b) Qualified Intangible Property.--For purposes of this 
     section, the term `qualified intangible property' means any 
     property described in section 367(d)(4)(A)--
       ``(1) the principal purpose of which is use in connection 
     with--
       ``(A) any eligible property, as defined in section 
     48D(c)(2), or
       ``(B) any item or product described in subclause (I) or 
     (II) of section 48D(c)(1)(A)(i), or
       ``(2) substantially all of the income from which is derived 
     in connection with any eligible property (as defined in 
     section 48D(c)(2)) or any item or product described in 
     paragraph (1)(B).
       ``(c) Regulations and Guidance.--The Secretary shall 
     prescribe such regulations or other guidance as may be 
     necessary to carry out the purposes of this section, 
     including to prevent abuse by taxpayers related to 
     distributions of qualified intangible property.''.
       (b) Conforming Amendments.--
       (1) Section 197(f)(2)(B)(i) of the Internal Revenue Code of 
     1986 is amended by inserting ``966(a),'' after ``731,''.
       (2) The table of sections for subpart F of part III of 
     subchapter N of chapter 1 of such Code is amended by adding 
     at the end the following new item:

``Sec. 966. Transfers of intangible property relating to medical 
              personal protective equipment to United States 
              shareholders.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions made on or after the date of 
     enactment of this Act.

              Subtitle B--Safeguarding American Innovation

     SEC. _21. SHORT TITLE.

       This subtitle may be cited as the ``Safeguarding American 
     Innovation Act''.

     SEC. _22. DEFINITIONS.

       In this subtitle:
       (1) Federal science agency.--The term ``Federal science 
     agency'' means any Federal department or agency to which more 
     than $100,000,000 in research and development funds were 
     appropriated for fiscal year 2020.
       (2) Research and development.--
       (A) In general.--The term ``research and development'' 
     means all research activities, both basic and applied, and 
     all development activities.
       (B) Development.--The term ``development'' means 
     experimental development.
       (C) Experimental development.--The term ``experimental 
     development'' means creative and systematic work, drawing 
     upon knowledge gained from research and practical experience, 
     which--
       (i) is directed toward the production of new products or 
     processes or improving existing products or processes; and

[[Page S4845]]

       (ii) like research, will result in gaining additional 
     knowledge.
       (D) Research.--The term ``research''--
       (i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       (ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       (I) utilize the same facilities as other research and 
     development activities; and
       (II) are not included in the instruction function.

     SEC._23. FEDERAL RESEARCH SECURITY COUNCIL.

       (a) In General.--Subtitle V of title 31, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.

     ``Sec. 7901. Definitions

       ``In this chapter:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Select Committee on Intelligence of the Senate;
       ``(D) the Committee on Foreign Relations of the Senate;
       ``(E) the Committee on Armed Services of the Senate;
       ``(F) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(G) the Committee on Oversight and Reform of the House of 
     Representatives;
       ``(H) the Committee on Homeland Security of the House of 
     Representatives;
       ``(I) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(J) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(K) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(L) the Committee on Armed Services of the House of 
     Representatives; and
       ``(M) the Committee on Education and Labor of the House of 
     Representatives.
       ``(2) Council.--The term `Council' means the Federal 
     Research Security Council established under section 7902(a).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(4) Federal research security risk.--The term `Federal 
     research security risk' means the risk posed by malign state 
     actors and other persons to the security and integrity of 
     research and development conducted using grants awarded by 
     Executive agencies.
       ``(5) Insider.--The term `insider' means any person with 
     authorized access to any United States Government resource, 
     including personnel, facilities, information, research, 
     equipment, networks, or systems.
       ``(6) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access 
     (wittingly or unwittingly) to harm the national and economic 
     security of the United States or negatively affect the 
     integrity of a Federal agency's normal processes, including 
     damaging the United States through espionage, sabotage, 
     unauthorized disclosure of national security information or 
     non-public information, or through the loss or degradation of 
     departmental resources, capabilities, and functions.
       ``(7) Research and development.--
       ``(A) In general.--The term `research and development' 
     means all research activities, both basic and applied, and 
     all development activities.
       ``(B) Development.--The term `development' means 
     experimental development.
       ``(C) Experimental development.--The term `experimental 
     development' means creative and systematic work, drawing upon 
     knowledge gained from research and practical experience, 
     which--
       ``(i) is directed toward the production of new products or 
     processes or improving existing products or processes; and
       ``(ii) like research, will result in gaining additional 
     knowledge.
       ``(D) Research.--The term `research'--
       ``(i) means a systematic study directed toward fuller 
     scientific knowledge or understanding of the subject studied; 
     and
       ``(ii) includes activities involving the training of 
     individuals in research techniques if such activities--

       ``(I) utilize the same facilities as other research and 
     development activities; and
       ``(II) are not included in the instruction function.

       ``(8) United states research community.--The term `United 
     States research community' means--
       ``(A) research and development centers of Executive 
     agencies;
       ``(B) private research and development centers in the 
     United States, including for-profit and nonprofit research 
     institutes;
       ``(C) research and development centers at institutions of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)));
       ``(D) research and development centers of States, United 
     States territories, Indian tribes, and municipalities;
       ``(E) government-owned, contractor-operated United States 
     Government research and development centers; and
       ``(F) any person conducting federally funded research or 
     receiving Federal research grant funding.

     ``Sec. 7902. Federal Research Security Council establishment 
       and membership

       ``(a) Establishment.--There is established, in the Office 
     of Management and Budget, a Federal Research Security 
     Council, which shall develop federally funded research and 
     development grant making policy and management guidance to 
     protect the national and economic security interests of the 
     United States.
       ``(b) Membership.--
       ``(1) In general.--The following agencies shall be 
     represented on the Council:
       ``(A) The Office of Management and Budget.
       ``(B) The Office of Science and Technology Policy.
       ``(C) The Department of Defense.
       ``(D) The Department of Homeland Security.
       ``(E) The Office of the Director of National Intelligence, 
     including the National Counterintelligence and Security 
     Center.
       ``(F) The Department of Justice, including the Federal 
     Bureau of Investigation.
       ``(G) The Department of Energy.
       ``(H) The Department of Commerce, including the National 
     Institute of Standards and Technology.
       ``(I) The Department of Health and Human Services, 
     including the National Institutes of Health.
       ``(J) The Department of State.
       ``(K) The Department of Transportation.
       ``(L) The National Aeronautics and Space Administration.
       ``(M) The National Science Foundation.
       ``(N) The Department of Education.
       ``(O) The Small Business Administration.
       ``(P) The Council of Inspectors General on Integrity and 
     Efficiency.
       ``(Q) Other Executive agencies, as determined by the 
     Chairperson of the Council.
       ``(2) Lead representatives.--
       ``(A) Designation.--Not later than 45 days after the date 
     of the enactment of this chapter, the head of each agency 
     represented on the Council shall designate a representative 
     of that agency as the lead representative of the agency on 
     the Council.
       ``(B) Functions.--The lead representative of an agency 
     designated under subparagraph (A) shall ensure that 
     appropriate personnel, including leadership and subject 
     matter experts of the agency, are aware of the business of 
     the Council.
       ``(c) Chairperson.--
       ``(1) Designation.--Not later than 45 days after the date 
     of the enactment of this chapter, the Director of the Office 
     of Management and Budget shall designate a senior-level 
     official from the Office of Management and Budget to serve as 
     the Chairperson of the Council.
       ``(2) Functions.--The Chairperson shall perform functions 
     that include--
       ``(A) subject to subsection (d), developing a schedule for 
     meetings of the Council;
       ``(B) designating Executive agencies to be represented on 
     the Council under subsection (b)(1)(Q);
       ``(C) in consultation with the lead representative of each 
     agency represented on the Council, developing a charter for 
     the Council; and
       ``(D) not later than 7 days after completion of the 
     charter, submitting the charter to the appropriate 
     congressional committees.
       ``(3) Lead science advisor.--The Director of the Office of 
     Science and Technology Policy shall be the lead science 
     advisor to the Chairperson for purposes of this chapter.
       ``(4) Lead security advisor.--The Director of the National 
     Counterintelligence and Security Center shall be the lead 
     security advisor to the Chairperson for purposes of this 
     chapter.
       ``(d) Meetings.--The Council shall meet not later than 60 
     days after the date of the enactment of this chapter and not 
     less frequently than quarterly thereafter.

     ``Sec. 7903. Functions and authorities

       ``(a) In General.--The Chairperson of the Council shall 
     consider the missions and responsibilities of Council members 
     in determining the lead agencies for Council functions. The 
     Council shall perform the following functions:
       ``(1) Developing and implementing, across all Executive 
     agencies that award research and development grants, a 
     uniform application process for grants in accordance with 
     subsection (b).
       ``(2) Developing and implementing a uniform and regular 
     reporting process for identifying persons participating in 
     federally funded research and development or that have access 
     to nonpublic federally funded information, data, research 
     findings, and research and development grant proposals.
       ``(3) Identifying or developing criteria, in accordance 
     with subsection (c), for sharing and receiving information 
     with respect to Federal research security risks in order to 
     mitigate such risks with--
       ``(A) members of the United States research community; and
       ``(B) other persons participating in federally funded 
     research and development.
       ``(4) Identifying an appropriate Executive agency--
       ``(A) to accept and protect information submitted by 
     Executive agencies and non-

[[Page S4846]]

     Federal entities based on the processes established under 
     paragraphs (1) and (2); and
       ``(B) to facilitate the sharing of information received 
     under subparagraph (A) to support, as necessary and 
     appropriate--
       ``(i) oversight of federally funded research and 
     development;
       ``(ii) criminal and civil investigations of misappropriated 
     Federal funds, resources, and information; and
       ``(iii) counterintelligence investigations.
       ``(5) Identifying, as appropriate, Executive agencies to 
     provide--
       ``(A) shared services, such as support for conducting 
     Federal research security risk assessments, activities to 
     mitigate such risks, and oversight and investigations with 
     respect to grants awarded by Executive agencies; and
       ``(B) common contract solutions to support enhanced 
     information collection and sharing and the verification of 
     the identities of persons participating in federally funded 
     research and development.
       ``(6) Identifying and issuing guidance, in accordance with 
     subsection (d) and in coordination with the National Insider 
     Threat Task Force established by Executive Order 13587 (50 
     U.S.C. 3161 note) for developing and implementing insider 
     threat programs for Executive agencies to deter, detect, and 
     mitigate insider threats, including the safeguarding of 
     sensitive information from exploitation, compromise, or other 
     unauthorized disclosure, taking into account risk levels and 
     the distinct needs, missions, and systems of each such 
     agency.
       ``(7) Identifying and issuing guidance for developing 
     compliance and oversight programs for Executive agencies to 
     ensure that research and development grant recipients 
     accurately report conflicts of interest and conflicts of 
     commitment in accordance with subsection (b)(1). Such 
     programs shall include an assessment of--
       ``(A) a grantee's support from foreign sources and 
     affiliations with foreign funding institutions or 
     laboratories; and
       ``(B) the impact of such support and affiliations on United 
     States national security and economic interests.
       ``(8) Assessing and making recommendations with respect to 
     whether openly sharing certain types of federally funded 
     research and development is in the economic and national 
     security interests of the United States.
       ``(9) Identifying and issuing guidance to the United States 
     research community, and other recipients of Federal research 
     and development funding, to ensure that such institutions and 
     recipients adopt existing best practices to reduce the risk 
     of misappropriation of research data.
       ``(10) Identifying and issuing guidance on additional steps 
     that may be necessary to address Federal research security 
     risks arising in the course of Executive agencies providing 
     shared services and common contract solutions under paragraph 
     (5)(B).
       ``(11) Engaging with the United States research community 
     in performing the functions described in paragraphs (1), (2), 
     and (3) and with respect to issues relating to Federal 
     research security risks.
       ``(12) Carrying out such other functions, as determined by 
     the Council, that are necessary to reduce Federal research 
     security risks.
       ``(b) Requirements for Uniform Grant Application Process.--
     In developing the uniform application process for Federal 
     research and development grants required under subsection 
     (a)(1), the Council shall--
       ``(1) ensure that the process--
       ``(A) requires principal investigators, co-principal 
     investigators, and senior personnel associated with the 
     proposed Federal research or development grant project--
       ``(i) to disclose biographical information, all 
     affiliations, including any foreign military, foreign 
     government-related organizations, and foreign-funded 
     institutions, and all current and pending support, including 
     from foreign institutions, foreign governments, or foreign 
     laboratories, and all support received from foreign sources; 
     and
       ``(ii) to certify the accuracy of the required disclosures 
     under penalty of perjury; and
       ``(B) uses a machine-readable application form to assist in 
     identifying fraud and ensuring the eligibility of applicants;
       ``(2) design the process--
       ``(A) to reduce the administrative burden on persons 
     applying for Federal research and development funding; and
       ``(B) to promote information sharing across the United 
     States research community, while safeguarding sensitive 
     information; and
       ``(3) complete the process not later than 1 year after the 
     date of the enactment of the Safeguarding American Innovation 
     Act.
       ``(c) Requirements for Information Sharing Criteria.--In 
     identifying or developing criteria and procedures for sharing 
     information with respect to Federal research security risks 
     under subsection (a)(3), the Council shall ensure that such 
     criteria address, at a minimum--
       ``(1) the information to be shared;
       ``(2) the circumstances under which sharing is mandated or 
     voluntary;
       ``(3) the circumstances under which it is appropriate for 
     an Executive agency to rely on information made available 
     through such sharing in exercising the responsibilities and 
     authorities of the agency under applicable laws relating to 
     the award of grants;
       ``(4) the procedures for protecting intellectual capital 
     that may be present in such information; and
       ``(5) appropriate privacy protections for persons involved 
     in Federal research and development.
       ``(d) Requirements for Insider Threat Program Guidance.--In 
     identifying or developing guidance with respect to insider 
     threat programs under subsection (a)(6), the Council shall 
     ensure that such guidance provides for, at a minimum--
       ``(1) such programs--
       ``(A) to deter, detect, and mitigate insider threats; and
       ``(B) to leverage counterintelligence, security, 
     information assurance, and other relevant functions and 
     resources to identify and counter insider threats; and
       ``(2) the development of an integrated capability to 
     monitor and audit information for the detection and 
     mitigation of insider threats, including through--
       ``(A) monitoring user activity on computer networks 
     controlled by Executive agencies;
       ``(B) providing employees of Executive agencies with 
     awareness training with respect to insider threats and the 
     responsibilities of employees to report such threats;
       ``(C) gathering information for a centralized analysis, 
     reporting, and response capability; and
       ``(D) information sharing to aid in tracking the risk 
     individuals may pose while moving across programs and 
     affiliations;
       ``(3) the development and implementation of policies and 
     procedures under which the insider threat program of an 
     Executive agency accesses, shares, and integrates information 
     and data derived from offices within the agency;
       ``(4) the designation of senior officials with authority to 
     provide management, accountability, and oversight of the 
     insider threat program of an Executive agency and to make 
     resource recommendations to the appropriate officials; and
       ``(5) such additional guidance as is necessary to reflect 
     the distinct needs, missions, and systems of each Executive 
     agency.
       ``(e) Issuance of Warnings Relating to Risks and 
     Vulnerabilities in International Scientific Cooperation.--
       ``(1) In general.--The Council, in conjunction with the 
     lead security advisor under section 7902(c)(4), shall 
     establish a process for informing members of the United 
     States research community and the public, through the 
     issuance of warnings described in paragraph (2), of potential 
     risks and vulnerabilities in international scientific 
     cooperation that may undermine the integrity and security of 
     the United States research community or place at risk any 
     federally funded research and development.
       ``(2) Content.--A warning described in this paragraph shall 
     include, to the extent the Council considers appropriate, a 
     description of--
       ``(A) activities by the national government, local 
     governments, research institutions, or universities of a 
     foreign country--
       ``(i) to exploit, interfere, or undermine research and 
     development by the United States research community; or
       ``(ii) to misappropriate scientific knowledge resulting 
     from federally funded research and development;
       ``(B) efforts by strategic competitors to exploit the 
     research enterprise of a foreign country that may place at 
     risk--
       ``(i) the science and technology of that foreign country; 
     or
       ``(ii) federally funded research and development; and
       ``(C) practices within the research enterprise of a foreign 
     country that do not adhere to the United States scientific 
     values of openness, transparency, reciprocity, integrity, and 
     merit-based competition.
       ``(f) Program Office and Committees.--The interagency 
     working group established under section 1746 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92) shall be a working group under the Council performing 
     duties authorized under such section and as directed by the 
     Council. The Council shall use any findings or work product, 
     existing or forthcoming, by such working group. The Council 
     may also establish a program office and any committees, 
     working groups, or other constituent bodies the Council deems 
     appropriate, in its sole and unreviewable discretion, to 
     carry out its functions.
       ``(g) Exclusion Orders.--To reduce Federal research 
     security risk, the Interagency Suspension and Debarment 
     Committee shall provide quarterly reports to the Council that 
     detail--
       ``(1) the number of ongoing investigations by Council 
     Members related to Federal research security that may result, 
     or have resulted, in agency pre-notice letters, suspensions, 
     proposed debarments, and debarments;
       ``(2) Federal agencies' performance and compliance with 
     interagency suspensions and debarments;
       ``(3) efforts by the Interagency Suspension and Debarment 
     Committee to mitigate Federal research security risk;
       ``(4) proposals for developing a unified Federal policy on 
     suspensions and debarments; and
       ``(5) other current suspension and debarment related 
     issues.

     ``Sec. 7904. Strategic plan

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this chapter, the Council shall develop a 
     strategic plan for addressing Federal research security risks 
     and for managing such risks, that includes--

[[Page S4847]]

       ``(1) the criteria and processes required under section 
     7903(a), including a threshold and requirements for sharing 
     relevant information about such risks with all Executive 
     agencies and, as appropriate, with other Federal entities, 
     foreign governments, and non-Federal entities;
       ``(2) an identification of existing authorities for 
     addressing such risks;
       ``(3) an identification and promulgation of best practices 
     and procedures, and an identification of available resources, 
     for Executive agencies to assess and mitigate such risks;
       ``(4) recommendations for any legislative, regulatory, or 
     other policy changes to improve efforts to address such 
     risks;
       ``(5) recommendations for any legislative, regulatory, or 
     other policy changes to incentivize the adoption of best 
     practices for avoiding and mitigating Federal research 
     security risks by the United States research community and 
     key United States foreign research partners;
       ``(6) an evaluation of the effect of implementing new 
     policies or procedures on existing Federal grant processes, 
     regulations, and disclosures of conflicts of interest and 
     conflicts of commitment;
       ``(7) a plan for engaging with Executive agencies, the 
     private sector, and other nongovernmental stakeholders to 
     address such risks and share information between Executive 
     agencies, the private sector, and nongovernmental 
     stakeholders; and
       ``(8) a plan for identification, assessment, mitigation, 
     and vetting of Federal research security risks.
       ``(b) Submission to Congress.--Not later than 7 calendar 
     days after completion of the strategic plan required by 
     subsection (a), the Chairperson of the Council shall submit 
     the plan to the appropriate congressional committees.

     ``Sec. 7905. Annual report

       ``Not later than December 15 of each year, the Chairperson 
     of the Council shall submit a report to the appropriate 
     congressional committees that describes--
       ``(1) the activities of the Council during the preceding 
     fiscal year; and
       ``(2) the progress made toward implementing the strategic 
     plan required under section 7904 after such plan has been 
     submitted to Congress.

     ``Sec. 7906. Requirements for Executive agencies

       ``(a) In General.--The head of each Executive agency on the 
     Council shall be responsible for--
       ``(1) assessing Federal research security risks posed by 
     persons participating in federally funded research and 
     development;
       ``(2) avoiding or mitigating such risks, as appropriate and 
     consistent with the standards, guidelines, requirements, and 
     practices identified by the Council under section 7903(a);
       ``(3) prioritizing Federal research security risk 
     assessments conducted under paragraph (1) based on the 
     applicability and relevance of the research and development 
     to the national security and economic competitiveness of the 
     United States; and
       ``(4) ensuring that all agency initiatives impacting 
     Federally funded research grant making policy and management 
     to protect the national and economic security interests of 
     the United States are integrated with the activities of the 
     Council.
       ``(b) Inclusions.--The responsibility of the head of an 
     Executive agency for assessing Federal research security risk 
     described in subsection (a) includes--
       ``(1) developing an overall Federal research security risk 
     management strategy and implementation plan and policies and 
     processes to guide and govern Federal research security risk 
     management activities by the Executive agency;
       ``(2) integrating Federal research security risk management 
     practices throughout the lifecycle of the grant programs of 
     the Executive agency;
       ``(3) sharing relevant information with other Executive 
     agencies, as determined appropriate by the Council in a 
     manner consistent with section 7903; and
       ``(4) reporting on the effectiveness of the Federal 
     research security risk management strategy of the Executive 
     agency consistent with guidance issued by the Office of 
     Management and Budget and the Council.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of title 31, United States Code, is amended by 
     inserting after the item relating to chapter 77 the following 
     new item:

``79. Federal Research Security Council....................7901.''.....

     SEC. _24. FEDERAL GRANT APPLICATION FRAUD.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Federal grant application fraud

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' has the 
     meaning given the term `agency' in section 551 of title 5, 
     United States Code.
       ``(2) Federal grant.--The term `Federal grant'--
       ``(A) means a grant awarded by a Federal agency;
       ``(B) includes a subgrant awarded by a non-Federal entity 
     to carry out a Federal grant program; and
       ``(C) does not include--
       ``(i) direct United States Government cash assistance to an 
     individual;
       ``(ii) a subsidy;
       ``(iii) a loan;
       ``(iv) a loan guarantee; or
       ``(v) insurance.
       ``(3) Federal grant application.--The term `Federal grant 
     application' means an application for a Federal grant.
       ``(4) Foreign compensation.--The term `foreign 
     compensation' means a title, monetary compensation, access to 
     a laboratory or other resource, or other benefit received 
     from--
       ``(A) a foreign government;
       ``(B) a foreign government institution; or
       ``(C) a foreign public enterprise.
       ``(5) Foreign government.--The term `foreign government' 
     includes a person acting or purporting to act on behalf of--
       ``(A) a faction, party, department, agency, bureau, 
     subnational administrative entity, or military of a foreign 
     country; or
       ``(B) a foreign government or a person purporting to act as 
     a foreign government, regardless of whether the United States 
     recognizes the government.
       ``(6) Foreign government institution.--The term `foreign 
     government institution' means a foreign entity owned by, 
     subject to the control of, or subject to regulation by a 
     foreign government.
       ``(7) Foreign public enterprise.--The term `foreign public 
     enterprise' means an enterprise over which a foreign 
     government directly or indirectly exercises a dominant 
     influence.
       ``(8) Law enforcement agency.--The term `law enforcement 
     agency'--
       ``(A) means a Federal, State, local, or Tribal law 
     enforcement agency; and
       ``(B) includes--
       ``(i) the Office of Inspector General of an establishment 
     (as defined in section 12 of the Inspector General Act of 
     1978 (5 U.S.C. App.)) or a designated Federal entity (as 
     defined in section 8G(a) of the Inspector General Act of 1978 
     (5 U.S.C. App.)); and
       ``(ii) the Office of Inspector General, or similar office, 
     of a State or unit of local government.
       ``(9) Outside compensation.--The term `outside 
     compensation' means any compensation, resource, or support 
     regardless of monetary value made available to the applicant 
     in support of or related to any research endeavor, including, 
     but not limited to, a title, research grant, cooperative 
     agreement, contract, institutional award, access to a 
     laboratory, or other resource, including, but not limited to, 
     materials, travel compensation, or work incentives.
       ``(b) Prohibition.--It shall be unlawful for any individual 
     to knowingly--
       ``(1) prepare or submit a Federal grant application that 
     fails to disclose the receipt of any outside compensation, 
     including foreign compensation, by the individual;
       ``(2) forge, counterfeit, or otherwise falsify a document 
     for the purpose of obtaining a Federal grant; or
       ``(3) prepare, submit, or assist in the preparation or 
     submission of a Federal grant application or document in 
     connection with a Federal grant application that--
       ``(A) contains a false statement;
       ``(B) contains a material misrepresentation;
       ``(C) has no basis in law or fact; or
       ``(D) fails to disclose a material fact.
       ``(c) Exception.--Subsection (b) does not apply to an 
     activity--
       ``(1) carried out in connection with a lawfully authorized 
     investigative, protective, or intelligence activity of--
       ``(A) a law enforcement agency; or
       ``(B) a Federal intelligence agency; or
       ``(2) authorized under chapter 224.
       ``(d) Penalty.--Any individual who violates subsection 
     (b)--
       ``(1) shall be fined in accordance with this title, 
     imprisoned for not more than 5 years, or both; and
       ``(2) shall be prohibited from receiving a Federal grant 
     during the 5-year period beginning on the date on which a 
     sentence is imposed on the individual under paragraph (1).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

``1041. Federal grant application fraud.''.

     SEC._25. RESTRICTING THE ACQUISITION OF GOODS, TECHNOLOGIES, 
                   AND SENSITIVE INFORMATION TO CERTAIN ALIENS.

       (a) Grounds of Inadmissibility.--Section 212(a)(3)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(A)(i)) is amended to read as follows:
       ``(i) any activity--

       ``(I) to violate any law of the United States relating to 
     espionage or sabotage;
       ``(II) to violate or evade any law prohibiting the export 
     from the United States of goods, technologies, or sensitive 
     information; or
       ``(III) to acquire export-controlled goods, technologies, 
     or sensitive information (notwithstanding any exclusions for 
     items not normally subject to export controls) if the 
     Secretary of State has determined that the acquisition of 
     those goods, technologies, or sensitive information by a 
     category of aliens that includes such alien would be contrary 
     to an articulable national security (including economic 
     security) interest of the United States;''.

       (b) Determining Factors.--
       (1) In general.--In establishing criteria for determining 
     whether an alien is included in a category of aliens that may 
     be inadmissible under section 212(a)(3)(A)(i)(III) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a), officials of the Department of State shall--

[[Page S4848]]

       (A) seek advice and assistance from officials at the Office 
     of the Director of National Intelligence, the Office of 
     Science and Technology Policy, the Department of Health and 
     Human Services, the Department of Defense, the Department of 
     Homeland Security, the Department of Energy, the Department 
     of Commerce, and other appropriate Federal agencies;
       (B) consider factors such as the alien's past or likely 
     employment or cooperation with--
       (i) foreign military and security related organizations 
     that are adversarial to the United States;
       (ii) foreign institutions involved in the theft of United 
     States research;
       (iii) entities involved in export control violations or the 
     theft of intellectual property; and
       (iv) a government that seeks to undermine the integrity and 
     security of the United States research community; and
       (C) weigh the proportionality of risk for the factors 
     listed in subparagraph (B).
       (2) Machine-readable documents.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     State shall--
       (A) use a machine-readable visa application form; and
       (B) make available documents submitted in support of a visa 
     application in a machine readable format to assist in--
       (i) identifying fraud;
       (ii) conducting lawful law enforcement activities; and
       (iii) determining the eligibility of applicants for a visa 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (c) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State, in coordination with the 
     Director of National Intelligence, the Director of the Office 
     of Science and Technology Policy, the Secretary of Homeland 
     Security, the Secretary of Defense, the Secretary of Energy, 
     the Secretary of Commerce, and the heads of other appropriate 
     Federal agencies, shall submit a report to Congress that 
     identifies--
       (1) the criteria used to describe the category of aliens to 
     which such section 212(a)(3)(A)(i)(III) may apply; and
       (2) the number of individuals determined to be inadmissible 
     under such section 212(a)(3)(A)(i)(III), including the 
     nationality of each such individual.
       (d) Classification of Annual Report.--Each annual report 
     required under subsection (c) shall be submitted, to the 
     extent practicable, in an unclassified form, but may be 
     accompanied by a classified appendix detailing the criteria 
     used to describe the category of aliens to which such section 
     212(a)(3)(A)(i)(III) applies if the Secretary of State 
     determines that such action--
       (1) is in the national security and economic security 
     interests of the United States; or
       (2) is necessary to further the purposes of this subtitle.
       (e) Report.--Not later than 45 days after date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Select Committee on 
     Intelligence of the Senate, the Committee on Foreign 
     Relations of the Senate; the Committee on Oversight and 
     Reform of the House of Representatives, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Energy and Commerce of the House of 
     Representatives, the Permanent Select Committee on 
     Intelligence of the House of Representatives, and the 
     Committee on Foreign Affairs of the House of Representatives 
     that--
       (1) describes how supplementary documents provided by a 
     visa applicant in support of a visa application are stored 
     and shared by the Department of State with authorized Federal 
     agencies;
       (2) identifies the sections of a visa application that are 
     machine-readable and the sections that are not machine-
     readable;
       (3) provides cost estimates, including personnel costs and 
     a cost-benefit analysis for adopting different technologies, 
     including optical character recognition, for--
       (A) making every element of a visa application, and 
     documents submitted in support of a visa application, 
     machine-readable; and
       (B) ensuring that such system--
       (i) protects personally-identifiable information; and
       (ii) permits the sharing of visa information with Federal 
     agencies in accordance with existing law; and
       (4) includes an estimated timeline for completing the 
     implementation of subsection (b)(2).

     SEC._26. LIMITATIONS ON EDUCATIONAL AND CULTURAL EXCHANGE 
                   PROGRAMS.

       Section 102(b)(5) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended by 
     striking the semicolon at the end and inserting the 
     following: ``by developing exchange programs for foreign 
     researchers and scientists, while protecting technologies 
     regulated by export control laws important to the national 
     security and economic interests of the United States, 
     including requiring sponsors--
       ``(A) to disclose to the Department of State whether an 
     exchange visitor, as a primary part of his or her exchange 
     program, will have released to them controlled technology or 
     technical data regulated by export control laws at sponsor 
     organizations through research activities, lectures, course 
     work, sponsor employees, officers, agents, third parties at 
     which the sponsor places the exchange visitor, volunteers, or 
     other individuals or entities associated with a sponsor's 
     administration of the exchange visitor program;
       ``(B) to provide a plan to the Department of State that 
     establishes appropriate program safeguards to prevent the 
     unauthorized release of controlled technology or technical 
     data regulated by export control laws at sponsor 
     organizations or through their employees, officers, agents, 
     third parties, volunteers, or other individuals or entities 
     associated with a sponsor's administration of the exchange 
     visitor program; and
       ``(C) to demonstrate, to the satisfaction of the Secretary 
     of State, that programs that will release controlled 
     technology or technical data to an exchange visitor at the 
     sponsor organization through exchange visitor programs have 
     received appropriate authorization from the Department of 
     State, the Department of Commerce, other cognizant Federal 
     agency before the sponsor releases controlled technology or 
     technical data;''.

     SEC._27. AMENDMENTS TO DISCLOSURES OF FOREIGN GIFTS.

       Section 117 of the Higher Education Act of 1965 (20 U.S.C. 
     1011f) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Disclosure Report.--
       ``(1) In general.--An institution shall file a disclosure 
     report with the Secretary not later than March 31 occurring 
     after--
       ``(A) the calendar year in which a foreign source gains 
     ownership of, or control over, the institution; or
       ``(B) the calendar year in which the institution receives a 
     gift from, or enters into a contract with, a foreign source, 
     the value of which is $50,000 or more, considered alone or in 
     combination with all other gifts from or contracts with that 
     foreign source within a calendar year.
       ``(2) Revisions; updates.--The Secretary shall permit 
     institutions to revise and update disclosure reports 
     previously filed to ensure accuracy, compliance, and the 
     ability to cure.'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Contents of Report.--Each report to the Secretary 
     required by this section shall contain the following:
       ``(1) For gifts received from or contracts entered into 
     with a foreign source other than a foreign government, the 
     aggregate dollar amount of such gifts and contracts 
     attributable to a particular country and the legal or formal 
     name of the foreign source. The country to which a gift is 
     attributable is the country of citizenship, or if unknown, 
     the principal residence for a foreign source who is a natural 
     person, and the country of incorporation, or if unknown, the 
     principal place of business, for a foreign source which is a 
     legal entity.
       ``(2) For gifts received from or contracts entered into 
     with a foreign government, the aggregate amount of such gifts 
     and contracts received from each foreign government.
       ``(3) In the case of an institution which is owned or 
     controlled by a foreign source, the identity of the foreign 
     source, the date on which the foreign source assumed 
     ownership or control, and any changes in program or structure 
     resulting from the change in ownership or control.
       ``(4) An assurance that the institution will maintain true 
     copies of gift and contract agreements subject to the 
     disclosure requirements under this section for at least the 
     duration of the agreement.
       ``(5) An assurance that the institution will produce true 
     copies of gift and contract agreements subject to the 
     disclosure requirements under this section upon request of 
     the Secretary during a compliance audit or other 
     institutional investigation.'';
       (3) by amending subsection (e) to read as follows:
       ``(e) Public Inspection.--Not later than 30 days after 
     receiving a disclosure report under this section, the 
     Secretary shall make such report electronically available to 
     the public for downloading on a searchable database under 
     which institutions can be individually identified and 
     compared.'';
       (4) in subsection (f), by adding at the end the following:
       ``(3) Fines.--
       ``(A) In general.--The Secretary may impose a fine on any 
     institution that repeatedly fails to file a disclosure report 
     for a receipt of a gift from or contract with a foreign 
     source in accordance with subsection (a) in an amount that is 
     not more than 3 times the amount of the gift or contract with 
     the foreign source.
       ``(B) Definition of repeatedly fails.--In this paragraph, 
     the term `repeatedly fails' means that the institution failed 
     to file a disclosure report for a receipt of a gift from or 
     contract with a foreign source in 3 consecutive years.'';
       (5) by amending subsection (g) to read as follows:
       ``(g) Rulemaking.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Safeguarding American Innovation Act, the 
     Secretary shall issue regulations to carry out this section 
     using the negotiated rulemaking procedure set forth in 
     section 492(b).
       ``(2) Elements.--Regulations issued pursuant to paragraph 
     (1) shall--
       ``(A) incorporate instructions for--
       ``(i) reporting structured gifts and contracts; and

[[Page S4849]]

       ``(ii) reporting contracts that balances the need for 
     transparency, while protecting the proprietary information of 
     institutes of higher education; and
       ``(B) clarify the definition of `subunit', for purposes of 
     subsection (i)(4)(C).'';
       (6) by redesignating subsection (h) as subsection (i);
       (7) by inserting after subsection (g) the following:
       ``(h) Treatment of Tuition Payment.--A tuition and related 
     fees and expenses payment to an institution by, or a 
     scholarship from, a foreign source made on behalf of a 
     student enrolled at such institution shall not be considered 
     a gift from or contract with a foreign source under this 
     section.''; and
       (8) in subsection (i), as redesignated--
       (A) in paragraph (3), by striking ``or property'' and 
     inserting ``, property, human resources, or staff, including 
     staff salaries''; and
       (B) in paragraph (5)(B), by inserting ``institutes, 
     instructional programs,'' after ``centers,''.

   Subtitle C--CHIPS for America Act (Creating Helpful Incentives to 
                  Produce Semiconductors for America)

     SEC. _31. SEMICONDUCTOR INCENTIVE GRANTS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on Appropriations, the Committee on Banking, 
     Housing, and Urban Affairs, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on Homeland Security of the House of 
     Representatives;
       (2) the term ``covered entity'' means a private entity, a 
     consortium of private entities, or a consortium of public and 
     private entities with a demonstrated ability to construct, 
     expand, or modernize a facility relating to the fabrication, 
     assembly, testing, advanced packaging, or advanced research 
     and development of semiconductors;
       (3) the term ``covered incentive''--
       (A) means an incentive offered by a governmental entity to 
     a covered entity for the purposes of constructing within the 
     jurisdiction of the governmental entity, or expanding or 
     modernizing an existing facility within that jurisdiction, a 
     facility described in paragraph (2); and
       (B) includes any tax incentive (such as an incentive or 
     reduction with respect to employment or payroll taxes or a 
     tax abatement with respect to personal or real property), a 
     workforce-related incentive (including a grant agreement 
     relating to workforce training or vocational education), any 
     concession with respect to real property, funding for 
     research and development with respect to semiconductors, and 
     any other incentive determined appropriate by the Secretary, 
     in consultation with the Secretary of State;
       (4) the term ``foreign adversary'' means any foreign 
     government or foreign nongovernment person that is engaged in 
     a long-term pattern, or is involved in a serious instance, of 
     conduct that is significantly adverse to--
       (A) the national security of the United States or an ally 
     of the United States; or
       (B) the security and safety of United States persons;
       (5) the term ``governmental entity'' means a State or local 
     government;
       (6) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (7) the term ``semiconductor'' has the meaning given the 
     term by the Secretary.
       (b) Grant Program.--
       (1) In general.--The Secretary shall establish in the 
     Department of Commerce a program that, in accordance with the 
     requirements of this section, provides grants to covered 
     entities.
       (2) Procedure.--
       (A) In general.--A covered entity shall submit to the 
     Secretary an application that describes the project for which 
     the covered entity is seeking a grant under this section.
       (B) Eligibility.--In order for a covered entity to qualify 
     for a grant under this section, the covered entity shall 
     demonstrate to the Secretary, in the application submitted by 
     the covered entity under subparagraph (A), that--
       (i) the covered entity has a documented interest in 
     constructing, expanding, or modernizing a facility described 
     in subsection (a)(2); and
       (ii) with respect to the project described in clause (i), 
     the covered entity has--

       (I) been offered a covered incentive;
       (II) made commitments to worker and community investment, 
     including through--

       (aa) training and education benefits paid by the covered 
     entity; and
       (bb) programs to expand employment opportunity for 
     economically disadvantaged individuals; and

       (III) secured commitments from regional educational and 
     training entities and institutions of higher education to 
     provide workforce training, including programming for 
     training and job placement of economically disadvantaged 
     individuals.

       (C) Considerations for review.--With respect to the review 
     by the Secretary of an application submitted by a covered 
     entity under subparagraph (A)--
       (i) the Secretary may not approve the application unless 
     the Secretary--

       (I) confirms that the covered entity has satisfied the 
     eligibility criteria under subparagraph (B); and
       (II) determines that the project to which the application 
     relates is in the interest of the United States; and

       (ii) the Secretary may consider whether--

       (I) the covered entity has previously received a grant made 
     under this subsection; and
       (II) the governmental entity offering the applicable 
     covered incentive has benefitted from a grant previously made 
     under this subsection.

       (3) Amount.--The amount of a grant made by the Secretary to 
     a covered entity under this subsection shall be in an amount 
     that is not more than $3,000,000,000.
       (4) Use of funds.--A covered entity that receives a grant 
     under this subsection may only use the grant amounts to--
       (A) finance the construction, expansion, or modernization 
     of a facility described in subsection (a)(2), as documented 
     in the application submitted by the covered entity under 
     paragraph (2)(A), or for similar uses in state of practice 
     and legacy facilities, as determined necessary by the 
     Secretary for purposes relating to the national security and 
     economic competitiveness of the United States;
       (B) support workforce development for the facility 
     described in subparagraph (A); or
       (C) support site development for the facility described in 
     subparagraph (A).
       (5) Clawback.--The Secretary shall recover the full amount 
     of a grant provided to a covered entity under this subsection 
     if--
       (A) as of the date that is 5 years after the date on which 
     the Secretary makes the grant, the project to which the grant 
     relates has not been completed, except that the Secretary may 
     issue a waiver with respect to the requirement under this 
     subparagraph if the Secretary determines that issuing such a 
     waiver is appropriate and in the interests of the United 
     States; or
       (B) during the applicable term with respect to the grant, 
     the covered entity engages in any joint research or 
     technology licensing effort--
       (i) with the Government of the People's Republic of China, 
     the Government of the Russian Federation, the Government of 
     Iran, the Government of North Korea, or another foreign 
     adversary; and
       (ii) that relates to a sensitive technology or product, as 
     determined by the Secretary.
       (c) Consultation and Coordination Required.--In carrying 
     out the program established under subsection (b), the 
     Secretary shall consult and coordinate with the Secretary of 
     State and the Secretary of Defense.
       (d) GAO Reviews.--The Comptroller General of the United 
     States shall--
       (1) not later than 2 years after the date of enactment of 
     this Act, and biennially thereafter until the date that is 10 
     years after that date of enactment, conduct a review of the 
     program established under subsection (b), which shall 
     include, at a minimum--
       (A) a determination of the number of instances in which 
     grants were provided under that subsection during the period 
     covered by the review in violation of a requirement of this 
     section;
       (B) an evaluation of how--
       (i) the program is being carried out, including how 
     recipients of grants are being selected under the program; 
     and
       (ii) other Federal programs are leveraged for 
     manufacturing, research, and training to complement the 
     grants awarded under the program; and
       (C) a description of the outcomes of projects supported by 
     grants made under the program, including a description of--
       (i) facilities described in subsection (a)(2) that were 
     constructed, expanded, or modernized as a result of grants 
     made under the program;
       (ii) research and development carried out with grants made 
     under the program; and
       (iii) workforce training programs carried out with grants 
     made under the program, including efforts to hire individuals 
     from disadvantaged populations; and
       (2) submit to the appropriate committees of Congress the 
     results of each review conducted under paragraph (1).

     SEC. _32. DEPARTMENT OF DEFENSE.

       (a) Department of Defense Efforts.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Homeland Security, and the Director of National Intelligence, 
     work with the private sector through a public-private 
     partnership, including by incentivizing the formation of a 
     consortium of United States companies, to ensure the 
     development and production of advanced, measurably secure 
     microelectronics for use by the Department of Defense, the 
     intelligence community, critical infrastructure sectors, and 
     other national security applications. Such work may include 
     providing incentives for the creation, expansion, or 
     modernization of one or more commercially competitive and 
     sustainable microelectronics manufacturing or advanced 
     research and development facilities.

[[Page S4850]]

       (2) Risk mitigation requirements.--A participant in a 
     consortium formed with incentives under paragraph (1) shall--
       (A) have the potential to perform fabrication, assembly, 
     package, or test functions for microelectronics deemed 
     critical to national security as defined by export control 
     regulatory agencies in consultation with the National 
     Security Adviser and the Secretary of Defense;
       (B) include management processes to identify and mitigate 
     supply chain security risks; and
       (C) be able to produce microelectronics consistent with 
     applicable measurably secure supply chain and operational 
     security standards established under section 224(b) of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92).
       (3) National security considerations.--The Secretary of 
     Defense and the Director of National Intelligence shall 
     select participants for the consortium formed with incentives 
     under paragraph (1). In selecting such participants, the 
     Secretary and the Director may jointly consider whether the 
     United States companies--
       (A) have participated in previous programs and projects of 
     the Department of Defense, Department of Energy, or the 
     intelligence community, including--
       (i) the Trusted Integrated Circuit program of the 
     Intelligence Advanced Research Projects Activity;
       (ii) trusted and assured microelectronics projects, as 
     administered by the Department of Defense;
       (iii) the Electronics Resurgence Initiative (ERI) program 
     of the Defense Advanced Research Projects Agency; or
       (iv) relevant semiconductor research programs of Advanced 
     Research Projects Agency-Energy;
       (B) have demonstrated an ongoing commitment to performing 
     contracts for the Department of Defense and the intelligence 
     community;
       (C) are approved by the Defense Counterintelligence and 
     Security Agency or the Office of the Director of National 
     Intelligence as presenting an acceptable security risk, 
     taking into account supply chain assurance vulnerabilities, 
     counterintelligence risks, and any risks presented by 
     companies whose owners are located outside the United States; 
     and
       (D) are evaluated periodically for foreign ownership, 
     control, or influence by foreign adversaries.
       (4) Nontraditional defense contractors and commercial 
     entities.--Arrangements entered into to carry out paragraph 
     (1) shall be in such form as the Secretary of Defense 
     determines appropriate to encourage industry participation of 
     nontraditional defense contractors or commercial entities and 
     may include a contract, a grant, a cooperative agreement, a 
     commercial agreement, the use of other transaction authority 
     under section 2371 of title 10, United States Code, or 
     another such arrangement.
       (5) Discharge.--The Secretary of Defense shall carry out 
     paragraph (1) jointly through the Office of the Under 
     Secretary of Defense for Research and Engineering and the 
     Office of the Under Secretary of Defense for Acquisition and 
     Sustainment, or such other component of the Department of 
     Defense as the Secretary considers appropriate.
       (6) Other initiatives.--The Secretary of Defense shall 
     dedicate initiatives within the Department of Defense to 
     advance radio frequency, mixed signal, radiation tolerant, 
     and radiation hardened microelectronics that support national 
     security and dual-use applications.
       (7) Reports.--
       (A) Report by secretary of defense.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report on the plans of the 
     Secretary to carry out paragraph (1).
       (B) Biennial reports by comptroller general of the united 
     states.--Not later than 1 year after the date on which the 
     Secretary submits the report required by subparagraph (A) and 
     not less frequently than once every 2 years thereafter for a 
     period of 10 years, the Comptroller General of the United 
     States shall submit to Congress a report on the activities 
     carried out under this subsection.
       (b) Defense Production Act of 1950 Efforts.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on a plan for use by the Department of 
     Defense of authorities available in title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish 
     and enhance a domestic production capability for 
     microelectronics technologies and related technologies, 
     subject to the availability of appropriations for that 
     purpose.
       (2) Consultation.--The President shall develop the plan 
     required by paragraph (1) in coordination with the Secretary 
     of Defense, and in consultation with the Secretary of State, 
     the Secretary of Commerce, and appropriate stakeholders in 
     the private sector.
       (c) Department of Defense Requirements for Sourcing From 
     Domestic Microelectronics Design and Foundry Services.--
       (1) Requirements required.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Defense, 
     in coordination with the Secretary of Energy, the Secretary 
     of Homeland Security, and the Director of National 
     Intelligence, shall establish requirements, standards, and a 
     timeline for enforcement of such requirements, to the extent 
     possible, for domestic sourcing for microelectronics design 
     and foundry services, and for commercial microelectronics 
     products, by programs, contractors, subcontractors, and other 
     recipients of funding from the Department of Defense, 
     Department of Energy, Department of Homeland Security, and 
     the Director of National Intelligence.
       (2) Processes for waivers.--The requirements established 
     under paragraph (1) shall include processes to permit waivers 
     for specific contracts or transactions for domestic sourcing 
     requirements based on cost, availability, severity of 
     technical and mission requirements, emergency requirements 
     and operational needs, other legal or international treaty 
     obligations, or other factors.
       (3) Updates.--Not less frequently than once each year, the 
     Secretary shall--
       (A) update the requirements and timelines established under 
     paragraph (1) and the processes under paragraph (2); and
       (B) submit to Congress a report on the updates made under 
     subparagraph (A).

     SEC._33. DEPARTMENT OF COMMERCE STUDY ON STATUS OF 
                   MICROELECTRONICS TECHNOLOGIES IN THE UNITED 
                   STATES INDUSTRIAL BASE.

       (a) In General.--Commencing not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce and the Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and the heads of 
     other appropriate Federal departments and agencies, shall 
     undertake a review, which shall include a survey, using 
     authorities in section 705 of the Defense Production Act (50 
     U.S.C. 4555), to assess the capabilities of the United States 
     industrial base to support the national defense in light of 
     the global nature of the supply chain and significant 
     interdependencies between the United States industrial base 
     and the industrial base of foreign countries with respect to 
     the manufacture, design, and end use of microelectronics.
       (b) Response to Survey.--The Secretary shall ensure 
     compliance with the survey from among all relevant potential 
     respondents, including the following:
       (1) Corporations, partnerships, associations, or any other 
     organized groups domiciled and with substantial operations in 
     the United States.
       (2) Corporations, partnerships, associations, or any other 
     organized groups domiciled in the United States with 
     operations outside the United States.
       (3) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups with substantial 
     operations or business presence in, or substantial revenues 
     derived from, the United States.
       (4) Foreign domiciled corporations, partnerships, 
     associations, or any other organized groups in defense treaty 
     or assistance countries where the production of the entity 
     concerned involves critical technologies covered by section 
     2.
       (c) Information Requested.--The information sought from a 
     responding entity pursuant to the survey required by 
     subsection (a) shall include, at minimum, information on the 
     following with respect to the manufacture. design, or end use 
     of microelectronics by such entity:
       (1) An identification of the geographic scope of 
     operations.
       (2) Information on relevant cost structures.
       (3) An identification of types of microelectronics 
     development, manufacture, assembly, test, and packaging 
     equipment in operation at such entity.
       (4) An identification of all relevant intellectual 
     property, raw materials, and semi-finished goods and 
     components sourced domestically and abroad by such entity.
       (5) Specifications of the microelectronics manufactured or 
     designed by such entity, descriptions of the end-uses of such 
     microelectronics, and a description of any technical support 
     provided to end-users of such microelectronics by such 
     entity.
       (6) Information on domestic and export market sales by such 
     entity.
       (7) Information on the financial performance, including 
     income and expenditures, of such entity.
       (8) A list of all foreign and domestic subsidies, and any 
     other financial incentives, received by such entity in each 
     market in which such entity operates.
       (9) A list of information requests from the People's 
     Republic of China to such entity, and a description of the 
     nature of each request and the type of information provided.
       (10) Information on any joint ventures, technology 
     licensing agreements, and cooperative research or production 
     arrangements of such entity.
       (11) A description of efforts by such entity to evaluate 
     and control supply chain risks it faces.
       (12) A list and description of any sales, licensing 
     agreements, or partnerships between such entity and the 
     People's Liberation Army or People's Armed Police, including 
     any business relationships with entities through which such 
     sales, licensing agreements, or partnerships may occur.
       (d) Report.--
       (1) In general.--The Secretary of Commerce shall, in 
     consultation with the Secretary of Defense, the Secretary of 
     Homeland Security, and the heads of other appropriate Federal 
     departments and agencies, submit to

[[Page S4851]]

     Congress a report on the results of the review required by 
     subsection (a). The report shall include the following:
       (A) An assessment of the results of the survey.
       (B) A list of critical technology areas impacted by 
     potential disruptions in production of microelectronics, and 
     a detailed description and assessment of the impact of such 
     potential disruptions on such areas.
       (C) A description and assessment of gaps and 
     vulnerabilities in the microelectronics supply chain and the 
     national industrial supply base.
       (2) Form.--The report required by paragraph (1) may be 
     submitted in classified form.

     SEC._34. FUNDING FOR DEVELOPMENT AND ADOPTION OF MEASURABLY 
                   SECURE MICROELECTRONICS AND MEASURABLY SECURE 
                   MICROELECTRONICS SUPPLY CHAINS.

       (a) Multilateral Microelectronics Security Fund.--
       (1) Establishment of fund.--There is established in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Multilateral Microelectronics Security Fund'' (in this 
     section referred to as the ``Fund''), consisting of such 
     amounts as may be appropriated to such Fund and any amounts 
     that may be credited to the Fund under paragraph (2).
       (2) Investment of amounts.--
       (A) Investment of amounts.--The Secretary of the Treasury 
     shall invest such portion of the Fund as is not required to 
     meet current withdrawals in interest-bearing obligations of 
     the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       (B) Interest and proceeds.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Fund shall be credited to and form a part of the Fund.
       (3) Use of fund.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Fund shall be available, as provided in advance in an 
     appropriations Act, to the Secretary of State--
       (i) to provide funding through the common funding mechanism 
     described in subsection (b)(1) to support the development and 
     adoption of measurably secure microelectronics and measurably 
     secure microelectronics supply chains; and
       (ii) to otherwise carry out this section.
       (B) Availability contingent on international agreement.--
     Amounts in the Fund shall be available to the Secretary of 
     State on and after the date on which the Secretary enters 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism under paragraph (1) of subsection (b) and 
     the commitments described in paragraph (2) of that 
     subsection.
       (4) Availability of amounts.--
       (A) In general.--Amounts in the Fund shall remain available 
     through the end of the tenth fiscal year beginning after the 
     date of the enactment of this Act.
       (B) Remainder to treasury.--Any amounts remaining in the 
     Fund after the end of the fiscal year described in 
     subparagraph (A) shall be deposited in the general fund of 
     the Treasury.
       (b) Common Funding Mechanism for Development and Adoption 
     of Measurably Secure Microelectronics and Measurably Secure 
     Microelectronics Supply Chains.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall 
     seek to establish a common funding mechanism, in coordination 
     with the governments of countries that are partners of the 
     United States, that uses amounts from the Fund, and amounts 
     committed by such governments, to support the development and 
     adoption of secure microelectronics and secure 
     microelectronics supply chains, including for use in research 
     and development collaborations among countries participating 
     in the common funding mechanism.
       (2) Mutual commitments.--The Secretary of State, in 
     consultation with the United States Trade Representative, the 
     Secretary of the Treasury, and the Secretary of Commerce, 
     shall seek to negotiate a set of mutual commitments with the 
     governments of countries that are partners of the United 
     States upon which to condition any expenditure of funds 
     pursuant to the common funding mechanism described in 
     paragraph (1). Such commitments shall, at a minimum--
       (A) establish transparency requirements for any subsidies 
     or other financial benefits (including revenue foregone) 
     provided to microelectronics firms located in or outside such 
     countries;
       (B) establish consistent policies with respect to countries 
     that--
       (i) are not participating in the common funding mechanism; 
     and
       (ii) do not meet transparency requirements established 
     under subparagraph (A);
       (C) promote harmonized treatment of microelectronics and 
     verification processes for items being exported to a country 
     considered a national security risk by a country 
     participating in the common funding mechanism;
       (D) establish consistent policies and common external 
     policies to address nonmarket economies as the behavior of 
     such countries pertains to microelectronics;
       (E) align policies on supply chain integrity and 
     microelectronics security, including with respect to 
     protection and enforcement of intellectual property rights; 
     and
       (F) promote harmonized foreign direct investment screening 
     measures with respect to microelectronics to align with 
     national and multilateral security priorities.
       (c) Annual Report to Congress.--Not later than one year 
     after the date of the enactment of this Act, and annually 
     thereafter for each fiscal year during which amounts in the 
     Fund are available under subsection (a)(4), the Secretary of 
     State shall submit to Congress a report on the status of the 
     implementation of this section that includes a description 
     of--
       (1) any commitments made by the governments of countries 
     that are partners of the United States to providing funding 
     for the common funding mechanism described in subsection 
     (b)(1) and the specific amount so committed;
       (2) the criteria established for expenditure of funds 
     through the common funding mechanism;
       (3) how, and to whom, amounts have been expended from the 
     Fund;
       (4) amounts remaining in the Fund;
       (5) the progress of the Secretary of State toward entering 
     into an agreement with the governments of countries that are 
     partners of the United States to participate in the common 
     funding mechanism and the commitments described in subsection 
     (b)(2); and
       (6) any additional authorities needed to enhance the 
     effectiveness of the Fund in achieving the security goals of 
     the United States.

     SEC._35. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.

       (a) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on Energy and Natural Resources, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, the Committee on 
     Science, Space, and Technology, the Committee on Financial 
     Services, and the Committee on Homeland Security of the House 
     of Representatives.
       (b) Sense of Congress.--It is the sense of Congress that 
     the leadership of the United States in semiconductor 
     technology and innovation is critical to the economic growth 
     and national security of the United States.
       (c) Subcommittee on Semiconductor Leadership.--
       (1) Establishment required.--The President shall establish 
     in the National Science and Technology Council a subcommittee 
     on matters relating to leadership of the United States in 
     semiconductor technology and innovation.
       (2) Duties.--The duties of the subcommittee established 
     under paragraph (1) are as follows:
       (A) National strategy on semiconductor research.--
       (i) Development.--In coordination with the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Secretary of Commerce, the Secretary of Homeland Security, 
     the Director of the National Science Foundation, and the 
     Director of the National Institute of Standards and 
     Technology and in consultation with the semiconductor 
     industry and academia, develop a national strategy on 
     semiconductor research, development, manufacturing, and 
     supply chain security, including guidance for the funding of 
     research, and strengthening of the domestic microelectronics 
     workforce.
       (ii) Reporting and updates.--Not less frequently than once 
     every 5 years, to update the strategy developed under clause 
     (i) and to submit the revised strategy to the appropriate 
     committees of Congress.
       (iii) Implementation.--In coordination with the Secretary 
     of Defense, the Secretary of Energy, the Secretary of State, 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, the Director of the National Science Foundation, 
     and the Director of the National Institute of Standards and 
     Technology, on an annual basis coordinate and recommend each 
     agency's semiconductor related research and development 
     programs and budgets to ensure consistency with the National 
     Semiconductor Strategy.
       (B) Fostering coordination of research and development.--To 
     foster the coordination of semiconductor research and 
     development.
       (3) Sunset.--The subcommittee established under paragraph 
     (1) shall terminate on the date that is 10 years after the 
     date of enactment of this Act.
       (d) Industrial Advisory Committee.--The President shall 
     establish a standing subcommittee of the President's Council 
     of Advisors on Science and Technology to advise the United 
     States Government on matters relating to microelectronics 
     policy.
       (e) National Semiconductor Technology Center.--

[[Page S4852]]

       (1) Establishment.--The Secretary of Commerce shall 
     establish a national semiconductor technology center to 
     conduct research and prototyping of advanced semiconductor 
     technology to strengthen the economic competitiveness and 
     security of the domestic supply chain, which will be operated 
     as a public private-sector consortium with participation from 
     the private sector, the Department of Defense, the Department 
     of Energy, the Department of Homeland Security, the National 
     Science Foundation, and the National Institute of Standards 
     and Technology.
       (2) Functions.--The functions of the center established 
     under paragraph (1) shall be as follows:
       (A) To conduct advanced semiconductor manufacturing, design 
     research and prototyping that strengthens the entire domestic 
     ecosystem and is aligned with the National Strategy on 
     Semiconductor Research.
       (B) To establish a National Advanced Packaging 
     Manufacturing Program led by the National Institute of 
     Standards and Technology, in coordination with the Center, to 
     strengthen semiconductor advanced test, assembly, and 
     packaging capability in the domestic ecosystem, and which 
     shall coordinate with the Manufacturing USA institute 
     established under paragraph (4).
       (C) To establish an investment fund, in partnership with 
     the private sector, to support startups in the domestic 
     semiconductor ecosystem.
       (D) To establish a Semiconductor Manufacturing Program 
     through the Director of the National Institute of Standards 
     and Technology to enable advances and breakthroughs in 
     measurement science, standards, material characterization, 
     instrumentation, testing, and manufacturing capabilities that 
     will accelerate the underlying research and development for 
     metrology of next generation semiconductors and ensure the 
     competitiveness and leadership of the United States within 
     this sector.
       (E) To work with the Secretary of Labor, the private 
     sector, educational institutions, and workforce training 
     entities to develop workforce training programs and 
     apprenticeships in advanced microelectronic packaging 
     capabilities.
       (3) Components.--The fund established under paragraph 
     (2)(C) shall cover the following:
       (A) Advanced metrology and characterization for 
     manufacturing of microchips using 3 nanometer transistor 
     processes or more advanced processes.
       (B) Metrology for security and supply chain verification.
       (4) Creation of a manufacturing usa institute.--The fund 
     established under paragraph (2)(C) may also cover the 
     creation of a Manufacturing USA institute described in 
     section 34(d) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278s(d)) that is focused on 
     semiconductor manufacturing. Such institute may emphasize the 
     following:
       (A) Research to support the virtualization and automation 
     of maintenance of semiconductor machinery.
       (B) Development of new advanced test, assembly and 
     packaging capabilities.
       (C) Developing and deploying educational and skills 
     training curricula needed to support the industry sector and 
     ensure the U.S. can build and maintain a trusted and 
     predictable talent pipeline.
       (f) Domestic Production Requirements.--The head of any 
     executive agency receiving funding under this section shall 
     develop policies to require domestic production, to the 
     extent possible, for any intellectual property resulting from 
     microelectronics research and development conducted as a 
     result of these funds and domestic control requirements to 
     protect any such intellectual property from foreign 
     adversaries.

     SEC. _36. PROHIBITION RELATING TO FOREIGN ADVERSARIES.

       None of the funds appropriated pursuant to an authorization 
     in this subtitle may be provided to an entity--
       (1) under the foreign ownership, control, or influence of 
     the Government of the People's Republic of China or the 
     Chinese Communist Party, or other foreign adversary (as 
     defined in section 301(a)(4)); or
       (2) determined to have beneficial ownership from foreign 
     individuals subject to the jurisdiction, direction, or 
     influence of foreign adversaries (as so defined).

                     Subtitle D--Critical Minerals

     SEC. _41. MINERAL SECURITY.

       (a) Definitions.--In this section:
       (1) Byproduct.--The term ``byproduct'' means a critical 
     mineral--
       (A) the recovery of which depends on the production of a 
     host mineral that is not designated as a critical mineral; 
     and
       (B) that exists in sufficient quantities to be recovered 
     during processing or refining.
       (2) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral, element, substance, or material designated as 
     critical by the Secretary under subsection (c).
       (B) Exclusions.--The term ``critical mineral'' does not 
     include--
       (i) fuel minerals, including oil, natural gas, or any other 
     fossil fuels; or
       (ii) water, ice, or snow.
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.
       (b) Policy.--
       (1) In general.--Section 3 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1602) is amended in the second sentence--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     factors to allow informed actions to be taken to avoid supply 
     shortages, mitigate price volatility, and prepare for demand 
     growth and other market shifts;'';
       (B) in paragraph (6), by striking ``and'' after the 
     semicolon at the end; and
       (C) by striking paragraph (7) and inserting the following:
       ``(7) facilitate the availability, development, and 
     environmentally responsible production of domestic resources 
     to meet national material or critical mineral needs;
       ``(8) avoid duplication of effort, prevent unnecessary 
     paperwork, and minimize delays in the administration of 
     applicable laws (including regulations) and the issuance of 
     permits and authorizations necessary to explore for, develop, 
     and produce critical minerals and to construct critical 
     mineral manufacturing facilities in accordance with 
     applicable environmental and land management laws;
       ``(9) strengthen--
       ``(A) educational and research capabilities at not lower 
     than the secondary school level; and
       ``(B) workforce training for exploration and development of 
     critical minerals and critical mineral manufacturing;
       ``(10) bolster international cooperation through technology 
     transfer, information sharing, and other means;
       ``(11) promote the efficient production, use, and recycling 
     of critical minerals;
       ``(12) develop alternatives to critical minerals; and
       ``(13) establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.''.
       (2) Conforming amendment.--Section 2(b) of the National 
     Materials and Minerals Policy, Research and Development Act 
     of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As 
     used in this Act, the term'' and inserting the following:
       ``(b) Definitions.--In this Act:
       ``(1) Critical mineral.--The term `critical mineral' means 
     any mineral, element, substance, or material designated as 
     critical by the Secretary under section 401(c) of the 
     Restoring Critical Supply Chains and Intellectual Property 
     Act.
       ``(2) Materials.--The term''.
       (c) Critical Mineral Designations.--
       (1) Draft methodology and list.--The Secretary, acting 
     through the Director of the United States Geological Survey 
     (referred to in this subsection as the ``Secretary''), shall 
     publish in the Federal Register for public comment--
       (A) a description of the draft methodology used to identify 
     a draft list of critical minerals;
       (B) a draft list of minerals, elements, substances, and 
     materials that qualify as critical minerals; and
       (C) a draft list of critical minerals recovered as 
     byproducts.
       (2) Availability of data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this subsection, qualitative 
     evidence may be used to the extent necessary.
       (3) Final methodology and list.--After reviewing public 
     comments on the draft methodology and the draft lists 
     published under paragraph (1) and updating the methodology 
     and lists as appropriate, not later than 45 days after the 
     date on which the public comment period with respect to the 
     draft methodology and draft lists closes, the Secretary shall 
     publish in the Federal Register--
       (A) a description of the final methodology for determining 
     which minerals, elements, substances, and materials qualify 
     as critical minerals;
       (B) the final list of critical minerals; and
       (C) the final list of critical minerals recovered as 
     byproducts.
       (4) Designations.--
       (A) In general.--For purposes of carrying out this 
     subsection, the Secretary shall maintain a list of minerals, 
     elements, substances, and materials designated as critical, 
     pursuant to the final methodology published under paragraph 
     (3), that the Secretary determines--
       (i) are essential to the economic or national security of 
     the United States;
       (ii) the supply chain of which is vulnerable to disruption 
     (including restrictions associated with foreign political 
     risk, abrupt demand growth, military conflict, violent 
     unrest, anti-competitive or protectionist behaviors, and 
     other risks throughout the supply chain); and
       (iii) serve an essential function in the manufacturing of a 
     product (including energy technology-, defense-, currency-, 
     agriculture-, consumer electronics-, and health care-related 
     applications), the absence of which would have significant 
     consequences for the

[[Page S4853]]

     economic or national security of the United States.
       (B) Inclusions.--Notwithstanding the criteria under 
     paragraph (3), the Secretary may designate and include on the 
     list any mineral, element, substance, or material determined 
     by another Federal agency to be strategic and critical to the 
     defense or national security of the United States.
       (C) Required consultation.--The Secretary shall consult 
     with the Secretaries of Defense, Commerce, Agriculture, and 
     Energy and the United States Trade Representative in 
     designating minerals, elements, substances, and materials as 
     critical under this paragraph.
       (5) Subsequent review.--
       (A) In general.--The Secretary, in consultation with the 
     Secretaries of Defense, Commerce, Agriculture, and Energy and 
     the United States Trade Representative, shall review the 
     methodology and list under paragraph (3) and the designations 
     under paragraph (4) at least every 3 years, or more 
     frequently as the Secretary considers to be appropriate.
       (B) Revisions.--Subject to paragraph (4)(A), the Secretary 
     may--
       (i) revise the methodology described in this subsection;
       (ii) determine that minerals, elements, substances, and 
     materials previously determined to be critical minerals are 
     no longer critical minerals; and
       (iii) designate additional minerals, elements, substances, 
     or materials as critical minerals.
       (6) Notice.--On finalization of the methodology and the 
     list under paragraph (3), or any revision to the methodology 
     or list under paragraph (5), the Secretary shall submit to 
     Congress written notice of the action.
       (d) Resource Assessment.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary (acting through the 
     Director of the United States Geological Survey) or a 
     designee of the Secretary, shall complete a comprehensive 
     national assessment of each critical mineral that--
       (A) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories; and
       (B) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories.
       (2) Supplementary information.--In carrying out this 
     subsection, the Secretary may carry out surveys and field 
     work (including drilling, remote sensing, geophysical 
     surveys, topographical and geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals in the United States.
       (3) Public access.--Subject to applicable law, to the 
     maximum extent practicable, the Secretary shall make all data 
     and metadata collected from the comprehensive national 
     assessment carried out under paragraph (1) publically and 
     electronically accessible.
       (4) Technical assistance.--At the request of the Governor 
     of a State or the head of an Indian tribe, the Secretary may 
     provide technical assistance to State governments and Indian 
     tribes conducting critical mineral resource assessments on 
     non-Federal land.
       (5) Prioritization.--
       (A) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical minerals considered to be most critical under the 
     methodology established under subsection (c) are completed 
     first.
       (B) Reporting.--During the period beginning not later than 
     1 year after the date of enactment of this Act and ending on 
     the date of completion of all of the assessments required 
     under this subsection, the Secretary shall submit to Congress 
     on an annual basis an interim report that--
       (i) identifies the sequence and schedule for completion of 
     the assessments if the Secretary sequences the assessments; 
     or
       (ii) describes the progress of the assessments if the 
     Secretary does not sequence the assessments.
       (6) Updates.--The Secretary may periodically update the 
     assessments conducted under this subsection based on--
       (A) the generation of new information or datasets by the 
     Federal Government; or
       (B) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other persons.
       (7) Additional surveys.--The Secretary shall complete a 
     resource assessment for each additional mineral or element 
     subsequently designated as a critical mineral under 
     subsection (c)(5)(B) not later than 2 years after the 
     designation of the mineral or element.
       (8) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the status of geological surveying of 
     Federal land for any mineral commodity--
       (A) for which the United States was dependent on a foreign 
     country for more than 25 percent of the United States supply, 
     as depicted in the report issued by the United States 
     Geological Survey entitled ``Mineral Commodity Summaries 
     2020''; but
       (B) that is not designated as a critical mineral under 
     subsection (c).
       (e) Permitting.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) critical minerals are fundamental to the economy, 
     competitiveness, and security of the United States;
       (B) to the maximum extent practicable, the critical mineral 
     needs of the United States should be satisfied by minerals 
     responsibly produced and recycled in the United States; and
       (C) the Federal permitting process has been identified as 
     an impediment to mineral production and the mineral security 
     of the United States.
       (2) Performance improvements.--To improve the quality and 
     timeliness of decisions, the Secretary (acting through the 
     Director of the Bureau of Land Management) and the Secretary 
     of Agriculture (acting through the Chief of the Forest 
     Service) (referred to in this subsection as the 
     ``Secretaries'') shall, to the maximum extent practicable, 
     with respect to critical mineral production on Federal land, 
     complete Federal permitting and review processes with maximum 
     efficiency and effectiveness, while supporting vital economic 
     growth, by--
       (A) establishing and adhering to timelines and schedules 
     for the consideration of, and final decisions regarding, 
     applications, operating plans, leases, licenses, permits, and 
     other use authorizations for mineral-related activities on 
     Federal land;
       (B) establishing clear, quantifiable, and temporal 
     permitting performance goals and tracking progress against 
     those goals;
       (C) engaging in early collaboration among agencies, project 
     sponsors, and affected stakeholders--
       (i) to incorporate and address the interests of those 
     parties; and
       (ii) to minimize delays;
       (D) ensuring transparency and accountability by using cost-
     effective information technology to collect and disseminate 
     information regarding individual projects and agency 
     performance;
       (E) engaging in early and active consultation with State, 
     local, and Indian tribal governments to avoid conflicts or 
     duplication of effort, resolve concerns, and allow for 
     concurrent, rather than sequential, reviews;
       (F) providing demonstrable improvements in the performance 
     of Federal permitting and review processes, including lower 
     costs and more timely decisions;
       (G) expanding and institutionalizing permitting and review 
     process improvements that have proven effective;
       (H) developing mechanisms to better communicate priorities 
     and resolve disputes among agencies at the national, 
     regional, State, and local levels; and
       (I) developing other practices, such as preapplication 
     procedures.
       (3) Review and report.--Not later than 1 year after the 
     date of enactment of this Act, the Secretaries shall submit 
     to Congress a report that--
       (A) identifies additional measures (including regulatory 
     and legislative proposals, as appropriate) that would 
     increase the timeliness of permitting activities for the 
     exploration and development of domestic critical minerals;
       (B) identifies options (including cost recovery paid by 
     permit applicants) for ensuring adequate staffing and 
     training of Federal entities and personnel responsible for 
     the consideration of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land;
       (C) quantifies the amount of time typically required 
     (including range derived from minimum and maximum durations, 
     mean, median, variance, and other statistical measures or 
     representations) to complete each step (including those 
     aspects outside the control of the executive branch, such as 
     judicial review, applicant decisions, or State and local 
     government involvement) associated with the development and 
     processing of applications, operating plans, leases, 
     licenses, permits, and other use authorizations for critical 
     mineral-related activities on Federal land, which shall serve 
     as a baseline for the performance metric under paragraph (4); 
     and
       (D) describes actions carried out pursuant to paragraph 
     (2).
       (4) Performance metric.--Not later than 90 days after the 
     date of submission of the report under paragraph (3), the 
     Secretaries, after providing public notice and an opportunity 
     to comment, shall develop and publish a performance metric 
     for evaluating the progress made by the executive branch to 
     expedite the permitting of activities that will increase 
     exploration for, and development of, domestic critical 
     minerals, while maintaining environmental standards.
       (5) Annual reports.--Beginning with the first budget 
     submission by the President under section 1105 of title 31, 
     United States Code, after publication of the performance 
     metric required under paragraph (4), and annually thereafter, 
     the Secretaries shall submit to Congress a report that--
       (A) summarizes the implementation of recommendations, 
     measures, and options identified in subparagraphs (A) and (B) 
     of paragraph (3);
       (B) using the performance metric under paragraph (4), 
     describes progress made by the executive branch, as compared 
     to the baseline established pursuant to paragraph (3)(C), on 
     expediting the permitting of activities

[[Page S4854]]

     that will increase exploration for, and development of, 
     domestic critical minerals; and
       (C) compares the United States to other countries in terms 
     of permitting efficiency and any other criteria relevant to 
     the globally competitive critical minerals industry.
       (6) Individual projects.--Using data from the Secretaries 
     generated under paragraph (5), the Director of the Office of 
     Management and Budget shall prioritize inclusion of 
     individual critical mineral projects on the website operated 
     by the Office of Management and Budget in accordance with 
     section 1122 of title 31, United States Code.
       (7) Report of small business administration.--Not later 
     than 1 year and 300 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     shall submit to the applicable committees of Congress a 
     report that assesses the performance of Federal agencies with 
     respect to--
       (A) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (B) performing an analysis of regulations applicable to the 
     critical minerals industry that may be outmoded, inefficient, 
     duplicative, or excessively burdensome.
       (f) Federal Register Process.--
       (1) Departmental review.--Absent any extraordinary 
     circumstance, and except as otherwise required by law, the 
     Secretary and the Secretary of Agriculture shall ensure that 
     each Federal Register notice described in paragraph (2) shall 
     be--
       (A) subject to any required reviews within the Department 
     of the Interior or the Department of Agriculture; and
       (B) published in final form in the Federal Register not 
     later than 45 days after the date of initial preparation of 
     the notice.
       (2) Preparation.--The preparation of Federal Register 
     notices required by law associated with the issuance of a 
     critical mineral exploration or mine permit shall be 
     delegated to the organizational level within the agency 
     responsible for issuing the critical mineral exploration or 
     mine permit.
       (3) Transmission.--All Federal Register notices regarding 
     official document availability, announcements of meetings, or 
     notices of intent to undertake an action shall be originated 
     in, and transmitted to the Federal Register from, the office 
     in which, as applicable--
       (A) the documents or meetings are held; or
       (B) the activity is initiated.
       (g) Recycling, Efficiency, and Alternatives.--
       (1) Establishment.--The Secretary of Energy (referred to in 
     this subsection as the ``Secretary'') shall conduct a program 
     of research and development--
       (A) to promote the efficient production, use, and recycling 
     of critical minerals throughout the supply chain; and
       (B) to develop alternatives to critical minerals that do 
     not occur in significant abundance in the United States.
       (2) Cooperation.--In carrying out the program, the 
     Secretary shall cooperate with appropriate--
       (A) Federal agencies and National Laboratories;
       (B) critical mineral producers;
       (C) critical mineral processors;
       (D) critical mineral manufacturers;
       (E) trade associations;
       (F) academic institutions;
       (G) small businesses; and
       (H) other relevant entities or individuals.
       (3) Activities.--Under the program, the Secretary shall 
     carry out activities that include the identification and 
     development of--
       (A) advanced critical mineral extraction, production, 
     separation, alloying, or processing technologies that 
     decrease the energy consumption, environmental impact, and 
     costs of those activities, including--
       (i) efficient water and wastewater management strategies;
       (ii) technologies and management strategies to control the 
     environmental impacts of radionuclides in ore tailings;
       (iii) technologies for separation and processing; and
       (iv) technologies for increasing the recovery rates of 
     byproducts from host metal ores;
       (B) technologies or process improvements that minimize the 
     use, or lead to more efficient use, of critical minerals 
     across the full supply chain;
       (C) technologies, process improvements, or design 
     optimizations that facilitate the recycling of critical 
     minerals, and options for improving the rates of collection 
     of products and scrap containing critical minerals from post-
     consumer, industrial, or other waste streams;
       (D) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical minerals 
     processing byproducts;
       (E) alternative minerals, metals, and materials, 
     particularly those available in abundance within the United 
     States and not subject to potential supply restrictions, that 
     lessen the need for critical minerals; and
       (F) alternative energy technologies or alternative designs 
     of existing energy technologies, particularly those that use 
     minerals that--
       (i) occur in abundance in the United States; and
       (ii) are not subject to potential supply restrictions.
       (4) Reports.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report summarizing the activities, 
     findings, and progress of the program.
       (h) Analysis and Forecasting.--
       (1) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary (acting through the Director of the United States 
     Geological Survey) or a designee of the Secretary, in 
     consultation with the Energy Information Administration, 
     academic institutions, and others in order to maximize the 
     application of existing competencies related to developing 
     and maintaining computer-models and similar analytical tools, 
     shall conduct and publish the results of an annual report 
     that includes--
       (A) as part of the annually published Mineral Commodity 
     Summaries from the United States Geological Survey, a 
     comprehensive review of critical mineral production, 
     consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (ii) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (iii) market price data or other price data for each 
     critical mineral;
       (iv) an assessment of--

       (I) critical mineral requirements to meet the national 
     security, energy, economic, industrial, technological, and 
     other needs of the United States during the preceding year;
       (II) the reliance of the United States on foreign sources 
     to meet those needs during the preceding year; and
       (III) the implications of any supply shortages, 
     restrictions, or disruptions during the preceding year;

       (v) the quantity of each critical mineral domestically 
     recycled during the preceding year;
       (vi) the market penetration during the preceding year of 
     alternatives to each critical mineral;
       (vii) a discussion of international trends associated with 
     the discovery, production, consumption, use, costs of 
     production, prices, and recycling of each critical mineral as 
     well as the development of alternatives to critical minerals; 
     and
       (viii) such other data, analyses, and evaluations as the 
     Secretary finds are necessary to achieve the purposes of this 
     subsection; and
       (B) a comprehensive forecast, entitled the ``Annual 
     Critical Minerals Outlook'', of projected critical mineral 
     production, consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral projected to be 
     domestically produced over the subsequent 1-year, 5-year, and 
     10-year periods;
       (ii) the quantity of each critical mineral projected to be 
     domestically consumed over the subsequent 1-year, 5-year, and 
     10-year periods;
       (iii) an assessment of--

       (I) critical mineral requirements to meet projected 
     national security, energy, economic, industrial, 
     technological, and other needs of the United States;
       (II) the projected reliance of the United States on foreign 
     sources to meet those needs; and
       (III) the projected implications of potential supply 
     shortages, restrictions, or disruptions;

       (iv) the quantity of each critical mineral projected to be 
     domestically recycled over the subsequent 1-year, 5-year, and 
     10-year periods;
       (v) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (vi) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, and recycling of each 
     critical mineral as well as the development of alternatives 
     to critical minerals; and
       (vii) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this subsection.
       (2) Proprietary information.--In preparing a report 
     described in paragraph (1), the Secretary shall ensure, 
     consistent with section 5(f) of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604(f)), that--
       (A) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person or firm who supplied the information 
     is not discernible and is not material to the intended uses 
     of the information;
       (B) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person or firm who 
     supplied particular information; and
       (C) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.
       (i) Education and Workforce.--

[[Page S4855]]

       (1) Workforce assessment.--Not later than 1 year and 300 
     days after the date of enactment of this Act, the Secretary 
     of Labor (in consultation with the Secretary, the Director of 
     the National Science Foundation, institutions of higher 
     education with substantial expertise in mining, institutions 
     of higher education with significant expertise in minerals 
     research, including fundamental research into alternatives, 
     and employers in the critical minerals sector) shall submit 
     to Congress an assessment of the domestic availability of 
     technically trained personnel necessary for critical mineral 
     exploration, development, assessment, production, 
     manufacturing, recycling, analysis, forecasting, education, 
     and research, including an analysis of--
       (A) skills that are in the shortest supply as of the date 
     of the assessment;
       (B) skills that are projected to be in short supply in the 
     future;
       (C) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (D) the effectiveness of training and education programs in 
     addressing skills shortages;
       (E) opportunities to hire locally for new and existing 
     critical mineral activities;
       (F) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policies described 
     in section 3 of the National Materials and Minerals Policy, 
     Research and Development Act of 1980 (30 U.S.C. 1602); and
       (G) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (2) Curriculum study.--
       (A) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (i) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, 
     production, manufacturing, research, including fundamental 
     research into alternatives, and recycling;
       (ii) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply chain 
     or other positions that will increase domestic, critical 
     mineral exploration, development, production, manufacturing, 
     research, including fundamental research into alternatives, 
     and recycling;
       (iii) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines for activities to improve the critical 
     mineral supply chain and advance the capacity of the United 
     States to increase domestic, critical mineral exploration, 
     research, development, production, manufacturing, and 
     recycling; and
       (iv) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the program described in 
     paragraph (3).
       (B) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     subparagraph (A).
       (3) Program.--
       (A) Establishment.--The Secretary and the Secretary of 
     Labor shall jointly conduct a competitive grant program under 
     which institutions of higher education may apply for and 
     receive 4-year grants for--
       (i) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     paragraph (2);
       (ii) internships, scholarships, and fellowships for 
     students enrolled in programs related to critical minerals;
       (iii) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs; and
       (iv) research of critical minerals and their applications, 
     particularly concerning the manufacture of critical 
     components vital to national security.
       (B) Renewal.--A grant under this paragraph shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under paragraph (2)(A)(iv).
       (j) National Geological and Geophysical Data Preservation 
     Program.--Section 351(k) of the Energy Policy Act of 2005 (42 
     U.S.C. 15908(k)) is amended by striking ``$30,000,000 for 
     each of fiscal years 2006 through 2010'' and inserting 
     ``$5,000,000 for each of fiscal years 2021 through 2030, to 
     remain available until expended''.
       (k) Administration.--
       (1) In general.--The National Critical Materials Act of 
     1984 (30 U.S.C. 1801 et seq.) is repealed.
       (2) Conforming amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical Materials 
     Council as specified in the National Critical Materials Act 
     of 1984 (30 U.S.C. 1801 et seq.),''.
       (3) Savings clauses.--
       (A) In general.--Nothing in this section or an amendment 
     made by this section modifies any requirement or authority 
     provided by--
       (i) the matter under the heading ``geological survey'' of 
     the first section of the Act of March 3, 1879 (43 U.S.C. 
     31(a)); or
       (ii) the first section of Public Law 87-626 (43 U.S.C. 
     31(b)).
       (B) Effect on department of defense.--Nothing in this 
     section or an amendment made by this section affects the 
     authority of the Secretary of Defense with respect to the 
     work of the Department of Defense on critical material 
     supplies in furtherance of the national defense mission of 
     the Department of Defense.
       (C) Secretarial order not affected.--This section shall not 
     apply to any mineral described in Secretarial Order No. 3324, 
     issued by the Secretary on December 3, 2012, in any area to 
     which the order applies.
       (4) Application of certain provisions.--
       (A) In general.--Subsections (e) and (f) shall apply to--
       (i) an exploration project in which the presence of a 
     byproduct is reasonably expected, based on known mineral 
     companionality, geologic formation, mineralogy, or other 
     factors; and
       (ii) a project that demonstrates that the byproduct is of 
     sufficient grade that, when combined with the production of a 
     host mineral, the byproduct is economic to recover, as 
     determined by the applicable Secretary in accordance with 
     subparagraph (B).
       (B) Requirement.--In making the determination under 
     subparagraph (A)(ii), the applicable Secretary shall consider 
     the cost effectiveness of the byproducts recovery.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2021 through 2030.

     SEC. _42. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.

       (a) Program for Extraction and Recovery of Rare Earth 
     Elements and Minerals From Coal and Coal Byproducts.--
       (1) In general.--The Secretary of Energy, acting through 
     the Assistant Secretary for Fossil Energy (referred to in 
     this section as the ``Secretary''), shall carry out a program 
     under which the Secretary shall develop advanced separation 
     technologies for the extraction and recovery of rare earth 
     elements and minerals from coal and coal byproducts.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     described in paragraph (1) $23,000,000 for each of fiscal 
     years 2021 through 2028.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report evaluating the development of 
     advanced separation technologies for the extraction and 
     recovery of rare earth elements and minerals from coal and 
     coal byproducts, including acid mine drainage from coal 
     mines.
                                 ______
                                 
  SA 2540. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $25,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be 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

[[Page S4856]]

     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.
                                 ______
                                 
  SA 2541. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $25,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be 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.
                                 ______
                                 
  SA 2542. Mr. CRAPO submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. CLARIFICATION ON 13(3) FACILITIES UNDER THE CARES 
                   ACT.

       Section 4003(c)(1)(A) of the CARES Act (15 U.S.C. 
     9042(c)(1)(A)) is amended by adding ``In making loans, loan 
     guarantees, and other investments under subsection (b)(4), 
     the Secretary shall prioritize the provision of credit and 
     liquidity to assist eligible businesses, States and 
     municipalities, even if the Secretary estimates that such 
     loans, loan guarantees, or investments may incur losses.'' 
     after the period at the end.

     SEC. __. EXTENSIONS OF TEMPORARY RELIEF AND EMERGENCY 
                   AUTHORITIES.

       (a) In General.--Title IV of the CARES Act (Public Law 116-
     136) is amended--
       (1) in section 4012(b)(2)(B) (15 U.S.C. 9050(b)(2)(B)), by 
     striking ``2020'' and inserting ``2021''; and
       (2) in section 4016(b)(2), by striking ``2020'' and 
     inserting ``2021''.
       (b) Temporary Credit Union Provisions.--Section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)) is amended by striking ``December 31, 2020'' 
     and inserting ``December 31, 2021''.

     SEC. __. EXTENSION OF TEMPORARY RELIEF FROM TROUBLED DEBT 
                   RESTRUCTURINGS AND INSURER CLARIFICATION.

       Section 4013 of the CARES Act (15 U.S.C. 9051) is amended--
       (1) by inserting ``, including an insurance company,'' 
     after ``institution'' each place the term appears;
       (2) in subsection (a)(1), by striking ``December 31, 2020'' 
     and inserting ``January 1, 2022''; and
       (3) in subsection (d)(1), by inserting ``, including 
     insurance companies,'' after ``institutions''.

     SEC. __. EXTENSION OF TEMPORARY OPTIONAL TEMPORARY RELIEF 
                   FROM CURRENT EXPECTED CREDIT LOSSES AND 
                   APPLICATION TO PERSONS.

       Section 4014 of the CARES Act (15 U.S.C. 9052(b)) is 
     amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``insured depository institution, bank holding company, or 
     any affiliate thereof'' and inserting ``person'';
       (B) in paragraph (1), by inserting ``the first day of the 
     fiscal year of the person that begins after'' before ``the 
     date''; and
       (C) in paragraph (2), by striking ``December 31, 2020'' and 
     inserting with ``January 1, 2023''; and
       (2) by striking ``(a) Definitions'' and all that follows 
     through ``Standards''.

     SEC. __. TEMPORARY AUTHORITY ON LEVERAGE AND RISK-BASED 
                   CAPITAL REQUIREMENTS.

       Section 171 of the Financial Stability Act of 2010 (12 
     U.S.C. 5371) is amended by adding at the end the following:
       ``(d) Temporary Authority.--
       ``(1) Definition.--In this subsection, the term 
     `appropriate Federal banking agency'--
       ``(A) has the meaning given the term in section 2; and
       ``(B) means the Board of Governors, in the case of a 
     nonbank financial company supervised by the Board of 
     Governors.
       ``(2) Temporary authority.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section or any other law or regulation, if any 
     appropriate Federal banking agency determines that unusual 
     and exigent circumstances exist or are otherwise imminent, 
     the appropriate Federal banking agency shall have the 
     authority, by rule or order, to make such temporary 
     adjustments

[[Page S4857]]

     to the method of calculating the generally applicable 
     leverage capital requirements or other leverage requirement 
     of an insured depository institution, a depository 
     institution holding company, or a nonbank financial company 
     supervised by the Board of Governors for purposes of 
     compliance with this section as the appropriate Federal 
     banking agency determines necessary to address or avoid a 
     severe economic stress situation.
       ``(B) Duration.--
       ``(i) In general.--Except as provided in clause (ii), any 
     temporary adjustment made under subparagraph (A) shall be for 
     a period of not longer than 12 months after the date on which 
     the determination is made under subparagraph (A).
       ``(ii) Additional periods.--A temporary adjustment made 
     under subparagraph (A) may be extended for a period of not 
     longer than 180 days after the date on which the period 
     described in clause (i) expires to permit institutions and 
     companies to return to compliance with the generally 
     applicable leverage capital requirements or other leverage 
     requirements, if the appropriate Federal banking agency 
     determines such an extension is necessary.''.

     SEC. __. HEALTHCARE OPERATING LOSS LOANS.

       (a) Definitions.--In this section:
       (1) Operating loss.--The term ``operating loss'' has the 
     meaning given the term in section 223(d) of the National 
     Housing Act (12 U.S.C. 1715n(d)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Authorization to Provide Mortgage Insurance.--
     Notwithstanding any other provision of law, for fiscal years 
     2020 and 2021, in addition to the authority provided to 
     insure operating loss loans under section 223(d) of the 
     National Housing Act (12 U.S.C. 1715n(d)), the Secretary may 
     insure or enter into commitments to ensure mortgages under 
     such section 223(d) with respect to healthcare facilities--
       (1) insured under section 232 or section 242 of the 
     National Housing Act (12 U.S.C. 1715w, 1715z-7);
       (2) that were financially sound immediately prior to the 
     President's March 13, 2020 Proclamation on Declaring a 
     National Emergency Concerning the Novel Coronavirus Disease 
     (COVID-19) Outbreak;
       (3) that have exhausted all other forms of assistance; and
       (4) subject to--
       (A) the limitation for new commitments to guarantee loans 
     insured under the General and Special Risk Insurance Funds 
     under the heading ``General and Special Risk Program 
     Account'' for fiscal years 2020 and 2021; and
       (B) the underwriting parameters and other terms and 
     conditions that the Secretary determines appropriate through 
     guidance.
       (c) Amount of Loan.--After all other realized or reasonably 
     anticipated assistance (including reimbursements, loans, or 
     other payments from other Federal sources) are taken into 
     account, a loan insured under subsection (b) shall be in an 
     amount not exceeding the lesser of--
       (1) the temporary losses or additional expenses incurred or 
     expected to be incurred by the healthcare facility as a 
     result of the impact of the circumstances giving rise to the 
     President's March 13, 2020 Proclamation on Declaring a 
     National Emergency Concerning the Novel Coronavirus Disease 
     (COVID-19) Outbreak; or
       (2) the amount expected to be needed to cover the sum of--
       (A) 1 year of principal and interest payments for the 
     existing loans of the healthcare facility insured by the 
     Secretary;
       (B) 1 year of principal and interest payments for the loan 
     pursuant to this section;
       (C) 1 year of mortgage insurance premiums for the loans 
     described in subparagraphs (A) and (B);
       (D) 1 year of monthly deposits to reserve accounts required 
     by the Secretary for the loans described in subparagraphs (A) 
     and (B);
       (E) 1 year of property taxes and insurance for the 
     healthcare facility; and
       (F) transaction costs, including legal fees, for the loans 
     described in subparagraphs (A) and (B).
                                 ______
                                 
  SA 2543. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $7,825,000,000, to remain 
     available until September 30, 2022, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That $7,600,000,000 of the funds appropriated under 
     this paragraph in this Act shall be transferred to ``Health 
     Resources and Services Administration--Primary Health Care'' 
     for grants, cooperative agreements, and other necessary 
     expenses under the Health Centers Program, as defined by 
     section 330 of the PHS Act, including funding for alteration, 
     renovation, construction, equipment, and other capital 
     improvement costs, and including funding to support, 
     maintain, or increase health center capacity and staffing 
     levels, as necessary, to meet the needs of areas affected by 
     coronavirus:  Provided further, That sections 330(r)(2)(B), 
     330(e)(3), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) of the 
     PHS Act shall not apply to funds in the preceding proviso:  
     Provided further, That funding made available under this 
     paragraph in this Act shall not be subject to requirements 
     under the National Environmental Policy Act of 1969 or the 
     National Historic Preservation Act of 1966:  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 
     current health center capacity and staffing levels during a 
     public health emergency as a result of the coronavirus and 
     any renewal of such declaration pursuant to such section 319 
     shall be deemed a cost of prevention, diagnosis, and 
     treatment of coronavirus:  Provided further, That of the 
     amount appropriated under this paragraph in this Act, 
     $225,000,000 shall be for grants or other mechanisms, to 
     rural health clinics as defined in section 1861(aa)(2) of the 
     Social Security Act with such funds also available to such 
     entities for building or construction of temporary 
     structures, leasing of properties, and retrofitting 
     facilities as necessary to support COVID-19 testing:  
     Provided further, That such funds shall be distributed using 
     the procedures developed for the Provider Relief Fund 
     authorized under the third paragraph under this heading in 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136); may be distributed using 
     contracts or agreements established for such program; and 
     shall be subject to the process requirements applicable to 
     such program:  Provided further, That the Secretary may 
     specify a minimum amount for each eligible entity accepting 
     assistance under the two previous provisos:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
                                 ______
                                 
  SA 2544. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                               TITLE __--

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $7,825,000,000, to remain 
     available until September 30, 2022, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That $7,600,000,000 of the funds appropriated under 
     this paragraph in this Act shall be transferred to ``Health 
     Resources and Services Administration--Primary Health Care'' 
     for grants, cooperative agreements, and other necessary 
     expenses under the Health Centers Program, as defined by 
     section 330 of the PHS Act, including funding for alteration, 
     renovation, construction, equipment, and other capital 
     improvement costs, and including funding to support, 
     maintain, or increase health center capacity and staffing 
     levels, as necessary, to meet the needs of areas affected by 
     coronavirus:  Provided further, That sections 330(r)(2)(B), 
     330(e)(3), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) of the 
     PHS Act shall not apply to funds in the preceding proviso:  
     Provided further, That funding made available under this 
     paragraph in this Act shall not be subject to requirements 
     under the National Environmental Policy Act of 1969 or the 
     National Historic Preservation Act of 1966:  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 
     current health center capacity and staffing levels during a 
     public health emergency as a result of the coronavirus and 
     any renewal of such declaration pursuant to such section 319 
     shall be deemed a cost of prevention, diagnosis, and 
     treatment of coronavirus:  Provided further, That of the 
     amount appropriated under this paragraph in this Act, 
     $225,000,000 shall be for grants or other mechanisms, to 
     rural health clinics as defined in section 1861(aa)(2) of the 
     Social Security Act with such funds also available to such 
     entities for building or construction of temporary 
     structures, leasing of properties, and retrofitting 
     facilities as necessary to support COVID-19 testing:  
     Provided further, That such funds shall be distributed using 
     the procedures developed for the Provider Relief Fund 
     authorized under the third paragraph under this heading in 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136); may be

[[Page S4858]]

     distributed using contracts or agreements established for 
     such program; and shall be subject to the process 
     requirements applicable to such program:  Provided further, 
     That the Secretary may specify a minimum amount for each 
     eligible entity accepting assistance under the two previous 
     provisos:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2545. Mr. PERDUE (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $250,000,000, to remain available 
     until September 30, 2022:  Provided, That the funds 
     appropriated under this paragraph shall be transferred to 
     ``Health Resources and Services Administration--Bureau of 
     Health Workforce'', for supplements to existing payments 
     under subsections (a) and (h)(1) of section 340E of the PHS 
     Act, notwithstanding the cap imposed by subsection (h)(1) and 
     notwithstanding subsection (h)(6) of such section 340E, for 
     Children's Hospitals Graduate Medical Education, 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.
                                 ______
                                 
  SA 2546. Mr. PERDUE (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $250,000,000, to remain available 
     until September 30, 2022:  Provided, That the funds 
     appropriated under this paragraph shall be transferred to 
     ``Health Resources and Services Administration--Bureau of 
     Health Workforce'', for supplements to existing payments 
     under subsections (a) and (h)(1) of section 340E of the PHS 
     Act, notwithstanding the cap imposed by subsection (h)(1) and 
     notwithstanding subsection (h)(6) of such section 340E, for 
     Children's Hospitals Graduate Medical Education, 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.
                                 ______
                                 
  SA 2547. Mr. DAINES (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. WORKFORCE RECOVERY AND TRAINING SERVICES.

       (a) Definitions.--In this section:
       (1) 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, 
     5191); or
       (C) a national emergency related to the coronavirus 
     declared by the President under the National Emergencies Act 
     (50 U.S.C. 1601 et seq.).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (3) Workforce innovation and opportunity act terms.--Except 
     as otherwise provided in this section, 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).
       (b) Distribution of Funds.--
       (1) Allotment to states.--From funds appropriated to carry 
     out this section and not reserved under subsection (e)(4), 
     not later than 30 days after receiving the appropriated 
     funds, the Secretary shall make allotments to States in 
     accordance with the formula described in section 132(b)(2)(B) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3172(b)(2)(B)) and make the reservation for and provide 
     assistance to outlying areas in accordance with section 
     132(b)(2)(A) of such Act (29 U.S.C. 3172(b)(2)(A)).
       (2) Allocation to local areas.--Not later than 30 days 
     after a State receives an allotment under paragraph (1), the 
     Governor shall--
       (A) reserve 40 percent of the allotment funds to carry out 
     activities under subsection (c)(1); and
       (B) allocate the remainder of the funds to local areas in 
     accordance with section 133(b)(2)(B) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3173(b)(2)(B)) to 
     enable the local areas to carry out activities under 
     subsection (c)(2).
       (c) Uses of Funds.--
       (1) State use of funds.--
       (A) In general.--From the funds reserved under subsection 
     (b)(2)(A), the Governor--
       (i) shall allocate not less than 50 percent of the funds to 
     the local areas most significantly impacted by a qualifying 
     emergency, as determined by the Governor, to enable the local 
     areas to carry out activities under paragraph (2); and
       (ii) with the funds that are not allocated under clause (i) 
     or reserved under subparagraph (B), may--

       (I) carry out rapid response activities described in 
     section 134(a)(2)(A) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3174(a)(2)(A));
       (II) carry out activities to facilitate remote access to 
     employment and training activities, including career 
     services, through a one-stop center;
       (III) in coordination with local areas, carry out 
     activities necessary to expand online learning opportunities 
     and make available resources to support or allow for online 
     service delivery, including online delivery of training 
     services, by providers identified as eligible providers of 
     training services under subsection (d) or (h) of section 122 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3152);
       (IV) assist local boards through the purchase of 
     technology, supplies, and online training materials for 
     distribution or use by local areas; and
       (V) expand the list of eligible providers of training 
     services established under section 122(d) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3152(d)).

       (B) Limitation.--Not more than 5 percent of the funds 
     reserved under subsection (b)(2)(A) shall be used by the 
     State for administrative activities related to carrying out 
     this section.
       (2) Local uses of funds.--Funds allocated to a local area 
     under subsection (b)(2)(B) or paragraph (1)(A)(i)--
       (A) shall be used for--
       (i) the provision of in-person and virtual training 
     services, aligned with industry needs, that shall include--

       (I) on-the-job training, for which the local board may take 
     into account the impact of a qualifying emergency as a factor 
     in determining whether to increase the amount of a 
     reimbursement to an amount of up to 75 percent of the wage 
     rate of a participant in accordance with section 134(c)(3)(H) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3174(c)(3)(H));
       (II) customized training, for which the local board may 
     take into account the impact of a qualifying emergency as a 
     factor in determining the portion of the cost of training an 
     employer shall provide;
       (III) transitional jobs as described in section 134(d)(5) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3174(d)(5)) (but for adults or dislocated workers determined 
     eligible by a one-stop operator or one-stop partner), 
     including positions in contact tracing, public health, or 
     infrastructure, if provision of the jobs does not displace 
     any currently employed employee (as of the date of the 
     participation in the transitional job); and
       (IV) incumbent worker training described in section 
     134(d)(4) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3174(d)(4)) to support worker retention;

       (ii) training services provided through individual training 
     accounts, which, notwithstanding section 122 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3152), eligible 
     individuals may obtain from providers identified as eligible 
     providers of training services under subsection (d) or (h) of 
     that section 122 or from another provider that is identified 
     by the State board or local board involved;
       (iii) short-term training--

[[Page S4859]]

       (I) in which a current employee (as of the date of the 
     participation), including an employee participating in a 
     transitional job described in clause (i)(III), may 
     participate;
       (II) for which the participant may receive an employer-
     sponsored individual training account;
       (III) for which the employer agrees to pay--

       (aa) not less than 10 percent of the costs of such training 
     in the case of an employer that is a small business concern, 
     as defined in section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)); and
       (bb) not less than 20 percent of such costs in the case of 
     any other employer; and

       (IV) for which the participant is provided the opportunity 
     to choose a provider from among the providers identified as 
     eligible providers of training services under subsection (d) 
     or (h) of section 122 of the Workforce Innovation and 
     Opportunity Act or a provider identified by the employer as 
     having the ability to provide the skills necessary for the 
     individual to be hired permanently or to advance the 
     individual's career; and

       (iv) short-term training in fields in which the local area 
     needs workers to meet the demands for health care, direct 
     care, and frontline workers responding to a qualifying 
     emergency; and
       (B) may be used for--
       (i) the establishment and expansion of partnerships with 
     public and private entities to support online programs of 
     training services--

       (I) which programs are identified under section 122 of the 
     Workforce Innovation and Opportunity Act and lead to an 
     industry-recognized credential in high-skill, high-wage, or 
     in-demand industry sectors or occupations, in areas such as 
     technology, health care, direct care, and manufacturing; and
       (II) through which the partnerships may provide for the 
     cost of an assessment related to obtaining such credential;

       (ii) providing training services that are aligned with the 
     needs of local industry and recognized by employers;
       (iii) expanding access to individualized career services, 
     which include--

       (I) in-person and virtual employment and reemployment 
     services to help individuals find employment; and
       (II) career navigation supports to enable workers to find 
     new pathways to high-skill, high-wage, or in-demand industry 
     sectors and occupations and the necessary training to support 
     those pathways; and

       (iv) providing access to technology, including broadband 
     service and devices to enable individuals served under this 
     section to receive online career and training services.
       (3) Minimum amount for training.--Not less than 50 percent 
     of the funds made available under subsection (b)(2)(B) and 
     paragraph (1)(A)(i) shall be used to provide training 
     services described in paragraph (2)(A).
       (d) Reallocation.--
       (1) Local funds.--Each local board shall return to the 
     Governor any funds received under this section that the local 
     board does not obligate within 1 year after receiving such 
     funds. The Governor shall reallocate such returned funds, to 
     the local areas that are not required to return funds under 
     this paragraph, in accordance with subsection (c)(1)(A).
       (2) State funds.--Each Governor shall return to the 
     Secretary any funds received under this section that the 
     Governor does not obligate within 2 years after receiving 
     such funds. The Secretary shall reallot such returned funds 
     to the States that are not required to return funds under 
     this paragraph, in accordance with subsection (b)(1).
       (e) General Provisions.--
       (1) Eligible individuals.--
       (A) In general.--Except as otherwise specified in this 
     section, to be eligible to receive services authorized under 
     this section, an individual shall be an adult or dislocated 
     worker.
       (B) Individuals eligible to receive services through 
     individual training accounts.--To be eligible to receive 
     training services through an individual training account or 
     employer-sponsored individual training account described in 
     subsection (c)(2)(A)(iii), an eligible individual shall be an 
     adult or dislocated worker--
       (i) who, after an in-person or virtual interview, 
     evaluation, or assessment, and career planning, has been 
     determined by a one-stop operator or one-stop partner, as 
     appropriate, to--

       (I) be unlikely to obtain or retain employment with wages 
     comparable to or higher than wages from previous employment, 
     solely through the career services available through the one-
     stop center; and
       (II) have the skills and qualifications to successfully 
     participate in the selected program of training services; and

       (ii) who selects a program of training services that is 
     directly linked to the employment opportunities in the local 
     area, or in another area to which the adult or dislocated 
     worker is willing to commute or relocate.
       (2) Special rules.--
       (A) Administration.--Except as otherwise provided in this 
     section, the provisions of subtitle E of title I of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3241 et 
     seq.) shall apply to funds provided under this section.
       (B) Single state local area.--In any case in which a State 
     is designated as a local area pursuant to section 106(d) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3121(d)), the State board shall carry out the functions of a 
     local board as specified in this section.
       (3) Program oversight.--The Governor, in partnership with 
     local boards and the chief elected officials for local areas, 
     shall--
       (A) conduct oversight for the activities authorized under 
     this section; and
       (B) ensure the appropriate use and management of the funds 
     provided under this section.
       (4) Program administration.--The Secretary shall reserve 
     not more than $15,000,000 of the funds appropriated to carry 
     out this section, as necessary, for program administration 
     and management through the Department of Labor to support the 
     administration of funds provided under this section and 
     evaluation of activities authorized under this section.
       (f) Reports.--
       (1) State report.--Each State shall prepare and submit to 
     the Secretary a report that includes information specifying--
       (A) the number and percentage of participants in activities 
     under this section who received funds for training services;
       (B) the types of training programs provided under this 
     section;
       (C) the number and percentage of participants in training 
     programs provided under this section who entered employment 
     upon completion of such a program;
       (D) the number and percentage of participants in such 
     training programs who obtained a recognized postsecondary 
     credential; and
       (E) the earnings of participants who completed a training 
     program under this section.
       (2) Secretary's report.--Upon receipt of a report under 
     paragraph (1), the Secretary shall transmit such report to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,500,000,000 
     for the period of fiscal years 2020 through 2022.
                                 ______
                                 
  SA 2548. Mr. DAINES (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the bill S. 178, to condemn 
gross human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:


 =========================== NOTE =========================== 

  
  On page S4859, August 4, 2020, in the third column, the 
following appears: SA 2548. Mr. DAINES submitted an amendment 
intended to be proposed by him to the bill S. 178 . . .
  
  The online Record has been corrected to read: SA 2548. Mr. 
DAINES (for himself and Mr. Alexander) submitted an amendment 
intended to be proposed by him to the bill S. 178 . . .


 ========================= END NOTE ========================= 



       At the appropriate place, insert the following:

     SEC. __. WORKFORCE RECOVERY AND TRAINING SERVICES.

       (a) Definitions.--In this section:
       (1) 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, 
     5191); or
       (C) a national emergency related to the coronavirus 
     declared by the President under the National Emergencies Act 
     (50 U.S.C. 1601 et seq.).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (3) Workforce innovation and opportunity act terms.--Except 
     as otherwise provided in this section, 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).
       (b) Distribution of Funds.--
       (1) Allotment to states.--From funds appropriated to carry 
     out this section and not reserved under subsection (e)(4), 
     not later than 30 days after receiving the appropriated 
     funds, the Secretary shall make allotments to States in 
     accordance with the formula described in section 132(b)(2)(B) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3172(b)(2)(B)) and make the reservation for and provide 
     assistance to outlying areas in accordance with section 
     132(b)(2)(A) of such Act (29 U.S.C. 3172(b)(2)(A)).
       (2) Allocation to local areas.--Not later than 30 days 
     after a State receives an allotment under paragraph (1), the 
     Governor shall--
       (A) reserve 40 percent of the allotment funds to carry out 
     activities under subsection (c)(1); and
       (B) allocate the remainder of the funds to local areas in 
     accordance with section 133(b)(2)(B) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3173(b)(2)(B)) to 
     enable the local areas to carry out activities under 
     subsection (c)(2).
       (c) Uses of Funds.--
       (1) State use of funds.--
       (A) In general.--From the funds reserved under subsection 
     (b)(2)(A), the Governor--
       (i) shall allocate not less than 50 percent of the funds to 
     the local areas most significantly impacted by a qualifying 
     emergency, as determined by the Governor, to enable the local 
     areas to carry out activities under paragraph (2); and
       (ii) with the funds that are not allocated under clause (i) 
     or reserved under subparagraph (B), may--

[[Page S4860]]

       (I) carry out rapid response activities described in 
     section 134(a)(2)(A) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3174(a)(2)(A));
       (II) carry out activities to facilitate remote access to 
     employment and training activities, including career 
     services, through a one-stop center;
       (III) in coordination with local areas, carry out 
     activities necessary to expand online learning opportunities 
     and make available resources to support or allow for online 
     service delivery, including online delivery of training 
     services, by providers identified as eligible providers of 
     training services under subsection (d) or (h) of section 122 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3152);
       (IV) assist local boards through the purchase of 
     technology, supplies, and online training materials for 
     distribution or use by local areas; and
       (V) expand the list of eligible providers of training 
     services established under section 122(d) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3152(d)).

       (B) Limitation.--Not more than 5 percent of the funds 
     reserved under subsection (b)(2)(A) shall be used by the 
     State for administrative activities related to carrying out 
     this section.
       (2) Local uses of funds.--Funds allocated to a local area 
     under subsection (b)(2)(B) or paragraph (1)(A)(i)--
       (A) shall be used for--
       (i) the provision of in-person and virtual training 
     services, aligned with industry needs, that shall include--

       (I) on-the-job training, for which the local board may take 
     into account the impact of a qualifying emergency as a factor 
     in determining whether to increase the amount of a 
     reimbursement to an amount of up to 75 percent of the wage 
     rate of a participant in accordance with section 134(c)(3)(H) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3174(c)(3)(H));
       (II) customized training, for which the local board may 
     take into account the impact of a qualifying emergency as a 
     factor in determining the portion of the cost of training an 
     employer shall provide;
       (III) transitional jobs as described in section 134(d)(5) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3174(d)(5)) (but for adults or dislocated workers determined 
     eligible by a one-stop operator or one-stop partner), 
     including positions in contact tracing, public health, or 
     infrastructure, if provision of the jobs does not displace 
     any currently employed employee (as of the date of the 
     participation in the transitional job); and
       (IV) incumbent worker training described in section 
     134(d)(4) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3174(d)(4)) to support worker retention;

       (ii) training services provided through individual training 
     accounts, which, notwithstanding section 122 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3152), eligible 
     individuals may obtain from providers identified as eligible 
     providers of training services under subsection (d) or (h) of 
     that section 122 or from another provider that is identified 
     by the State board or local board involved;
       (iii) short-term training--

       (I) in which a current employee (as of the date of the 
     participation), including an employee participating in a 
     transitional job described in clause (i)(III), may 
     participate;
       (II) for which the participant may receive an employer-
     sponsored individual training account;
       (III) for which the employer agrees to pay--

       (aa) not less than 10 percent of the costs of such training 
     in the case of an employer that is a small business concern, 
     as defined in section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)); and
       (bb) not less than 20 percent of such costs in the case of 
     any other employer; and

       (IV) for which the participant is provided the opportunity 
     to choose a provider from among the providers identified as 
     eligible providers of training services under subsection (d) 
     or (h) of section 122 of the Workforce Innovation and 
     Opportunity Act or a provider identified by the employer as 
     having the ability to provide the skills necessary for the 
     individual to be hired permanently or to advance the 
     individual's career; and

       (iv) short-term training in fields in which the local area 
     needs workers to meet the demands for health care, direct 
     care, and frontline workers responding to a qualifying 
     emergency; and
       (B) may be used for--
       (i) the establishment and expansion of partnerships with 
     public and private entities to support online programs of 
     training services--

       (I) which programs are identified under section 122 of the 
     Workforce Innovation and Opportunity Act and lead to an 
     industry-recognized credential in high-skill, high-wage, or 
     in-demand industry sectors or occupations, in areas such as 
     technology, health care, direct care, and manufacturing; and
       (II) through which the partnerships may provide for the 
     cost of an assessment related to obtaining such credential;

       (ii) providing training services that are aligned with the 
     needs of local industry and recognized by employers;
       (iii) expanding access to individualized career services, 
     which include--

       (I) in-person and virtual employment and reemployment 
     services to help individuals find employment; and
       (II) career navigation supports to enable workers to find 
     new pathways to high-skill, high-wage, or in-demand industry 
     sectors and occupations and the necessary training to support 
     those pathways; and

       (iv) providing access to technology, including broadband 
     service and devices to enable individuals served under this 
     section to receive online career and training services.
       (3) Minimum amount for training.--Not less than 50 percent 
     of the funds made available under subsection (b)(2)(B) and 
     paragraph (1)(A)(i) shall be used to provide training 
     services described in paragraph (2)(A).
       (d) Reallocation.--
       (1) Local funds.--Each local board shall return to the 
     Governor any funds received under this section that the local 
     board does not obligate within 1 year after receiving such 
     funds. The Governor shall reallocate such returned funds, to 
     the local areas that are not required to return funds under 
     this paragraph, in accordance with subsection (c)(1)(A).
       (2) State funds.--Each Governor shall return to the 
     Secretary any funds received under this section that the 
     Governor does not obligate within 2 years after receiving 
     such funds. The Secretary shall reallot such returned funds 
     to the States that are not required to return funds under 
     this paragraph, in accordance with subsection (b)(1).
       (e) General Provisions.--
       (1) Eligible individuals.--
       (A) In general.--Except as otherwise specified in this 
     section, to be eligible to receive services authorized under 
     this section, an individual shall be an adult or dislocated 
     worker.
       (B) Individuals eligible to receive services through 
     individual training accounts.--To be eligible to receive 
     training services through an individual training account or 
     employer-sponsored individual training account described in 
     subsection (c)(2)(A)(iii), an eligible individual shall be an 
     adult or dislocated worker--
       (i) who, after an in-person or virtual interview, 
     evaluation, or assessment, and career planning, has been 
     determined by a one-stop operator or one-stop partner, as 
     appropriate, to--

       (I) be unlikely to obtain or retain employment with wages 
     comparable to or higher than wages from previous employment, 
     solely through the career services available through the one-
     stop center; and
       (II) have the skills and qualifications to successfully 
     participate in the selected program of training services; and

       (ii) who selects a program of training services that is 
     directly linked to the employment opportunities in the local 
     area, or in another area to which the adult or dislocated 
     worker is willing to commute or relocate.
       (2) Special rules.--
       (A) Administration.--Except as otherwise provided in this 
     section, the provisions of subtitle E of title I of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3241 et 
     seq.) shall apply to funds provided under this section.
       (B) Single state local area.--In any case in which a State 
     is designated as a local area pursuant to section 106(d) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3121(d)), the State board shall carry out the functions of a 
     local board as specified in this section.
       (3) Program oversight.--The Governor, in partnership with 
     local boards and the chief elected officials for local areas, 
     shall--
       (A) conduct oversight for the activities authorized under 
     this section; and
       (B) ensure the appropriate use and management of the funds 
     provided under this section.
       (4) Program administration.--The Secretary shall reserve 
     not more than $15,000,000 of the funds appropriated to carry 
     out this section, as necessary, for program administration 
     and management through the Department of Labor to support the 
     administration of funds provided under this section and 
     evaluation of activities authorized under this section.
       (f) Reports.--
       (1) State report.--Each State shall prepare and submit to 
     the Secretary a report that includes information specifying--
       (A) the number and percentage of participants in activities 
     under this section who received funds for training services;
       (B) the types of training programs provided under this 
     section;
       (C) the number and percentage of participants in training 
     programs provided under this section who entered employment 
     upon completion of such a program;
       (D) the number and percentage of participants in such 
     training programs who obtained a recognized postsecondary 
     credential; and
       (E) the earnings of participants who completed a training 
     program under this section.
       (2) Secretary's report.--Upon receipt of a report under 
     paragraph (1), the Secretary shall transmit such report to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,500,000,000 
     for the period of fiscal years 2020 through 2022.
                                 ______
                                 
  SA 2549. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr.

[[Page S4861]]

McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

  TITLE __--ADDITIONAL FLEXIBILITY AND ACCOUNTABILITY FOR CORONAVIRUS 
    RELIEF FUND PAYMENTS AND STATE TAX CERTAINTY FOR EMPLOYEES AND 
                               EMPLOYERS

     SEC. ___. EXPANSION OF ALLOWABLE USE OF CORONAVIRUS RELIEF 
                   FUND PAYMENTS BY STATES AND TRIBAL AND LOCAL 
                   GOVERNMENTS.

       (a) In General.--Section 601(d) of the Social Security Act 
     (42 U.S.C. 801(d)) is amended to read as follows:
       ``(d) Use and Availability of Funds.--
       ``(1) Allowable uses.--A State, Tribal government, or unit 
     of local government shall use the funds provided under a 
     payment made under this section only for the following 
     purposes:
       ``(A) COVID-19 costs.--During the period that begins on 
     March 1, 2020, and ends on September 30, 2021 (or, in the 
     case of a State or government described in clause (iii) of 
     subparagraph (B), the date determined for the State or 
     government under such clause), to pay costs of the State, 
     Tribal government, or unit of local government that--
       ``(i) are necessary expenditures incurred due to the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19); and
       ``(ii) were not accounted for in the budget most recently 
     approved as of March 27, 2020, for the State or government.
       ``(B) Revenue shortfall.--
       ``(i) In general.--Subject to clause (iv), during the 
     period that begins on March 1, 2020, and ends on September 
     30, 2021 (or, in the case of a State or government described 
     in clause (iii), the date determined for the State or 
     government under such clause), to fund operations of the 
     State or government if the State or government--

       ``(I) has a revenue shortfall amount for the State or 
     government fiscal year for 2020 or 2021; and
       ``(II) certifies to the Secretary that the State or 
     government has distributed at least 25 percent of the total 
     amount of the payments received by the State or government 
     under this section to localities within the jurisdiction of 
     the State or government or that there are no localities 
     within the jurisdiction of the State or government.

       ``(ii) Revenue shortfall amount.--For purposes of this 
     subparagraph, the revenue shortfall amount for a State or 
     government and a State or government fiscal year is the 
     amount, if any, by which--

       ``(I) the total amount of State or government revenue from 
     taxes, fees, or sources other than funds provided under a 
     payment made under this section or another intergovernmental 
     transfer of funds from the Federal Government collected for 
     such fiscal year; is less than
       ``(II) the total amount of such revenue collected for the 
     State or government fiscal year for 2019.

       ``(iii) Special rule.--In the case of a State or government 
     that has a fiscal year for 2021 that ends after June 30, 
     2021, the date determined for such State or government under 
     this clause is the date that is 90 days after the last day of 
     the State or government fiscal year for 2021.
       ``(iv) Limitation.--The amount of funds paid to or 
     distributed to a State, Tribal government, or unit of local 
     government under this section that may be used by the State 
     or government for the purpose permitted under clause (i) 
     shall not exceed the lesser of--

       ``(I) 25 percent of the total amount of such funds; and
       ``(II) the sum of the revenue shortfall amounts determined 
     for the State or government for fiscal years 2020 and 2021 
     under clause (ii).

       ``(2) Prohibited uses.--No State, Tribal government, or 
     unit of local government may use funds provided under a 
     payment made under this section for any of the following 
     purposes:
       ``(A) To make a deposit into, or reimburse, any State or 
     government fund that finances pensions or other 
     postemployment benefits for current or former employees of 
     the State or government.
       ``(B) To satisfy any obligation or liability of the State 
     or government with respect to a pension or other 
     postemployment benefit fund, plan, or program for current or 
     former employees of the State or government.
       ``(C) To augment any amount paid, or benefit provided 
     under, a pension or other postemployment benefit fund, plan, 
     or program for current or former employees of the State or 
     government.
       ``(D) To make a deposit into, or reimburse a withdrawal 
     from, a budget stabilization fund, budget reserve account, or 
     other `rainy day' or reserve fund of the State or government 
     established to provide a source of funding for operations of 
     the State or government during a revenue downturn or other 
     unanticipated shortfall and accounted for in the budget most 
     recently approved as of March 27, 2020, for the State or 
     government.
       ``(E) To participate in litigation in which an officer of 
     the State or government is a party in the officer's personal 
     capacity.
       ``(F) To undertake to--
       ``(i) influence the passage or defeat of any legislation by 
     the Congress of the United States, or by any State or local 
     legislative body; or
       ``(ii) improve the public image of an officer of the State 
     or government.
       ``(3) Maintenance of effort.--In accordance with guidance 
     from the Secretary issued before, on, or after the date of 
     enactment of the Coronavirus Relief Fair Unemployment 
     Compensation Act of 2020, any amount from a payment made 
     under this section to a State, Tribal government, or unit of 
     local government that is distributed by such entity to a unit 
     of general local government below the level of such entity 
     shall supplement, and not supplant, any non-Federal funds 
     that such entity would otherwise provide, distribute, or use 
     for assistance to such unit of general local government.
       ``(4) Availability.--Funds paid or distributed to a State, 
     Tribal government, or unit of local government under this 
     section that are obligated for an allowable use under 
     paragraph (1) before October 1, 2021 (or, in the case of a 
     State or government described in clause (iii) of subparagraph 
     (B) of such paragraph, the day after the date determined for 
     the State or government under such clause), shall remain 
     available until expended.
       ``(5) Application to distributions to localities.--
       ``(A) In general.--The allowable and prohibited uses of 
     funds, maintenance of effort, and availability rules that 
     apply to funds provided under a payment made under this 
     section to a State, Tribal government, or unit of local 
     government, and all other limitations or restrictions which 
     apply to such funds, shall apply in the same manner and to 
     the same extent to any funds from such payment which a State 
     or government distributes to a locality.
       ``(B) Limitation on additional conditions.--A State, Tribal 
     government, or unit of local government shall not impose any 
     condition, requirement, or restriction on a distribution to a 
     locality of funds provided to the State or government under a 
     payment made under this section other than as necessary to 
     ensure the locality uses the funds distributed in accordance 
     with the limitations, restrictions, and requirements 
     applicable under subparagraph (A).''.
       (b) Additional Amendments.--Section 601 of such Act is 
     further amended--
       (1) in subsection (f)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Audit risk factors.--In determining whether to 
     conduct an audit of the use of funds paid to a State, Tribal 
     government, or unit of local government under this section 
     (including any such funds distributed to a locality), the 
     Inspector General of the Department of the Treasury shall 
     prioritize auditing States or governments that--
       ``(A) have not distributed at least 25 percent of the total 
     amount of the payments received by the State or government 
     under this section to localities within the jurisdiction of 
     the State or government, if any; or
       ``(B) have imposed a condition, requirement, or restriction 
     on funds distributed to a locality which the Inspector 
     General has reason to believe violates subsection 
     (d)(5)(B).''.
       (2) in subsection (g)--
       (A) by redesignating paragraphs (3) through (5) as 
     paragraphs (5) through (7), respectively; and
       (B) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) Locality.--The term `locality' means, with respect to 
     a State, Tribal government, or unit of local government, a 
     county, municipality, town, township, village, parish, 
     borough, or other unit of general government below the level 
     of the State, Tribal government, or unit of local government 
     (as applicable) with a population of 500,000 or less.
       ``(4) Other postemployment benefits.--The term `other 
     postemployment benefits' includes postemployment health care 
     benefits, regardless of the type of plan that provides them, 
     and all postemployment benefits provided separately from a 
     pension plan, excluding benefits defined as termination 
     offers and benefits.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     601 of the Social Security Act, as added by section 5001(a) 
     of the CARES Act (Public Law 116-136).
       (d) Accountability for the Disbursement and Use of State or 
     Government Relief Payments.--
       (1) Data on disbursement and use of payments from the 
     coronavirus relief fund.--Pursuant to the authority provided 
     in section 601(f) of the Social Security Act (42 U.S.C. 
     801(f)), as added by section 5001(a) of the CARES Act (Public 
     Law 116-136) and amended by subsection (b), the Inspector 
     General of the Department of the Treasury shall compile data 
     on the disbursement and use of funds made available from each 
     payment made by the Secretary of the Treasury from the 
     Coronavirus Relief Fund established under section 601 of the 
     Social Security Act (42 U.S.C. 801) to States, the District 
     of Columbia, territories, Tribal governments, and directly to 
     units of local government under section 601(b)(2) of such Act 
     (in this subsection referred to as a ``State or government 
     relief payment'').
       (2) Reporting on uses of relief funds.--

[[Page S4862]]

       (A) In general.--Each recipient of a State or government 
     relief payment (referred to in this section as a 
     ``recipient'') shall submit a report on the recipient's use 
     of such payment to the Secretary and the Inspector General of 
     the Treasury using a portal designated by the Secretary for 
     such purpose for each calendar quarter and period described 
     in subparagraph (C). Such report shall include the following:
       (i) The total amount of all State or government relief 
     payments made to the recipient.
       (ii) A detailed list of all projects or activities on which 
     funds from such payments were expended or obligated, 
     including, for each such project or activity--

       (I) the name of the project or activity;
       (II) a description of the project or activity;
       (III) the name of each business, consultant, or contractor 
     used to facilitate the implementation or continuation of the 
     project or activity; and
       (IV) the amount of such funds expended or obligated.

       (iii) Detailed information on--

       (I) any loan issued using such funds;
       (II) any contract or grant financed in whole or in part 
     with such funds, including any contract with an entity 
     described in clause (ii)(III);
       (III) transfers of such funds made to other government 
     entities; and
       (IV) any direct payments of such funds made by the 
     recipient that equal or exceed $50,000.

       (iv) Detailed information on the extent to which the 
     recipient used a State or government relief payment made to 
     fund operations due to a revenue shortfall, in accordance 
     with subparagraph (B) of section 601(d)(1) of the Social 
     Security Act (42 U.S.C. 801(d)(1)), including--

       (I) the total amount of funds from all such payments used 
     for such purpose;
       (II) the 1 or more revenue sources (such as taxes, fees, or 
     another source of revenue) that contributed to such 
     shortfall; and
       (III) for each source identified in subclause (II), the 
     amount of the reduction in revenue generated by such source 
     over the period described in subparagraph (A)(ii) of such 
     section.

       (B) Certification.--Each recipient shall certify that the 
     information reported with respect to each quarter or period 
     is true, accurate, and complete. Such certification shall be 
     made by an authorized representative of the recipient that 
     has the legal authority to give assurances, make commitments, 
     and enter into contracts on behalf of the recipient.
       (C) Report deadlines.--A recipient shall report the data 
     required under subparagraph (A)--
       (i) for the period beginning on March 1, 2020, and ending 
     on June 30, 2020, not later than September 21, 2020; and
       (ii) for each calendar quarter in the period that begins on 
     July 1, 2020, and ends on September 30, 2021 (or, in the case 
     of a recipient for which a date is determined under section 
     601(d)(1)(B)(iii) of the Social Security Act, the last day of 
     the calendar quarter in which such date occurs), not later 
     than later than 10 days after the end of the calendar 
     quarter.
       (3) Record retention requirements.--
       (A) In general.--Each recipient and entity described in 
     subparagraph (C) shall maintain, for not less than 5 years 
     after date on the recipient expends all funds from State or 
     government relief payments paid to the recipient and shall 
     make available to the Secretary of the Treasury and the 
     Inspector General of the Department of the Treasury upon 
     request, all documents and financial records of the recipient 
     sufficient to establish the recipient's compliance with 
     section 601(d) of the Social Security Act (42 U.S.C. 801(d)).
       (B) Scope of records.--The documents and records sufficient 
     to establish a recipient's compliance with such section may 
     include--
       (i) general ledgers and any subsidiary ledgers used to 
     account for the receipt and disbursement of funds from all 
     State or government relief payments made to the recipient;
       (ii) budget records of the recipient for 2019, 2020, and 
     2021;
       (iii) payroll, time records and other human resource 
     records of the recipient which support costs incurred for 
     payroll expenses related to addressing the public health 
     emergency due to COVID-19 or other use of funds allowable 
     under such section 601(d);
       (iv) receipts of purchases made related to addressing the 
     public health emergency due to COVID-19 or other use of funds 
     allowable under such section 601(d);
       (v) contracts and subcontracts entered into with funds from 
     any State or government relief payment made to the recipient, 
     and all documents related to such contracts or subcontracts;
       (vi) grant agreements and subgrant agreements entered into 
     with funds from any State or government relief payment made 
     to the recipient, and all documents related to such 
     agreements;
       (vii) all documentation of reports, audits, and other 
     monitoring of contractors, subcontractors, grantees, and 
     subgrantees relating to the use funds from any State or 
     government relief payment made to the recipient;
       (viii) all documentation supporting performance outcomes 
     (if any) of contracts, subcontracts, grants, or subgrants 
     relating to the use of funds from any State or government 
     relief payment made to the recipient;
       (ix) all internal and external email and other electronic 
     communications relating to the use of funds from any State or 
     government relief payment made to the recipients; and
       (x) all investigative files and inquiry reports (if any) 
     relating to the use of funds from any State or government 
     relief payment made to the recipient.
       (C) Entities described.--An entity described in this 
     subparagraph is the any of the following:
       (i) An entity that receives a grant or loan funded in whole 
     or in part with funds from a State or government relief 
     payment made to the recipient, and any contractor, 
     subcontractor, or subgrantee of such entity.
       (ii) An entity awarded a contract funded in whole or in 
     part with funds from a State or government relief payment 
     made to the recipient, and any subcontractor of such entity.
       (iii) A governmental entity that receives a payment or 
     transfer of funds that equals or exceeds $50,000, funded in 
     whole or in part with funds from a State or government relief 
     payment made to the recipient.
       (4) Quarterly reports to congress.--
       (A) In general.--Using data complied under paragraph (1), 
     the Inspector General of the Department of the Treasury shall 
     submit a report containing the information described in 
     subparagraph (B) to the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate not later than October 1, 2020, and the 1st day of 
     every third month beginning thereafter through January 1, 
     2021.
       (B) Content.--Each report submitted under subparagraph (A) 
     shall include data on the disbursement and use of funds from 
     State or government relief payments, including with respect 
     to the amounts and recipients of disbursements made--
       (i) by States receiving such payments to--

       (I) units of local government (as defined in section 
     601(g)(2) of the Social Security Act (42 U.S.C. 801(g)(2))); 
     and
       (II) counties, municipalities, towns, townships, villages, 
     parishes, boroughs, or other units of general government 
     below the State level with a population that does not exceed 
     500,000; and

       (ii) by the Secretary of the Treasury directly to units of 
     local government (as so defined) under section 601(b)(2) of 
     such Act (42 U.S.C. 801(b)(2)).

     SEC. ___. STATE TAX CERTAINTY FOR EMPLOYERS AND EMPLOYEES.

       (a) Limitations on Withholding and Taxation of Employee 
     Income.--
       (1) In general.--No part of the wages or other remuneration 
     earned by an employee who is a resident of a taxing 
     jurisdiction and performs employment duties in more than one 
     taxing jurisdiction shall be subject to income tax in any 
     taxing jurisdiction other than--
       (A) the taxing jurisdiction of the employee's residence; 
     and
       (B) any taxing jurisdiction within which the employee is 
     present and performing employment duties for more than 30 
     days during the calendar year in which the wages or other 
     remuneration is earned.
       (2) Income tax withholding and reporting.--Wages or other 
     remuneration earned in any calendar year shall not be subject 
     to income tax withholding and reporting requirements with 
     respect to any taxing jurisdiction unless the employee is 
     subject to income tax in such taxing jurisdiction under 
     paragraph (1). Income tax withholding and reporting 
     requirements under paragraph (1)(B) shall apply to wages or 
     other remuneration earned as of the commencement date of 
     employment duties in the taxing jurisdiction during the 
     calendar year.
       (3) Operating rules.--For purposes of determining penalties 
     related to an employer's income tax withholding and reporting 
     requirements with respect to any taxing jurisdiction--
       (A) an employer may rely on an employee's annual 
     determination of the time expected to be spent by such 
     employee in the performance of employment duties in the 
     taxing jurisdictions in which the employee will perform such 
     duties absent--
       (i) the employer's actual knowledge of fraud by the 
     employee in making the determination; or
       (ii) collusion between the employer and the employee to 
     evade tax;
       (B) except as provided in subparagraph (C), if records are 
     maintained by an employer in the regular course of business 
     that record the location at which an employee performs 
     employment duties, such records shall not preclude an 
     employer's ability to rely on an employee's determination 
     under subparagraph (A); and
       (C) notwithstanding subparagraph (B), if an employer, at 
     its sole discretion, maintains a time and attendance system 
     that tracks where the employee performs duties on a daily 
     basis, data from the time and attendance system shall be used 
     instead of the employee's determination under subparagraph 
     (A).
       (4) Definitions and special rules.--For purposes of this 
     subsection:
       (A) Day.--
       (i) Except as provided in clause (ii), an employee is 
     considered present and performing employment duties within a 
     taxing jurisdiction for a day if the employee performs more 
     of the employee's employment duties within such taxing 
     jurisdiction than in any other taxing jurisdiction during a 
     day.
       (ii) If an employee performs employment duties in a 
     resident taxing jurisdiction and in only one nonresident 
     taxing jurisdiction

[[Page S4863]]

     during one day, such employee shall be considered to have 
     performed more of the employee's employment duties in the 
     nonresident taxing jurisdiction than in the resident taxing 
     jurisdiction for such day.
       (iii) For purposes of this subparagraph, the portion of the 
     day during which the employee is in transit shall not be 
     considered in determining the location of an employee's 
     performance of employment duties.
       (B) Employee.--
       (i) In general.--

       (I) General definition.--Except as provided in subclause 
     (II), the term ``employee'' has the meaning given such term 
     in section 3121(d) of the Internal Revenue Code of 1986 (26 
     U.S.C. 3121(d)), unless such term is defined by the taxing 
     jurisdiction in which the person's employment duties are 
     performed, in which case the taxing jurisdiction's definition 
     shall prevail.
       (II) Exception.--The term ``employee'' shall not include a 
     professional athlete, professional entertainer, qualified 
     production employee, or certain public figures.

       (ii) Professional athlete.--The term ``professional 
     athlete'' means a person who performs services in a 
     professional athletic event, provided that the wages or other 
     remuneration are paid to such person for performing services 
     in his or her capacity as a professional athlete.
       (iii) Professional entertainer.--The term ``professional 
     entertainer'' means a person of prominence who performs 
     services in the professional performing arts for wages or 
     other remuneration on a per-event basis, provided that the 
     wages or other remuneration are paid to such person for 
     performing services in his or her capacity as a professional 
     entertainer.
       (iv) Qualified production employee.--The term ``qualified 
     production employee'' means a person who performs production 
     services of any nature directly in connection with a taxing 
     jurisdiction qualified, certified or approved film, 
     television or other commercial video production for wages or 
     other remuneration, provided that the wages or other 
     remuneration paid to such person are qualified production 
     costs or expenditures under such taxing jurisdiction's 
     qualified, certified or approved film, television or other 
     commercial video production incentive program, and that such 
     wages or other remuneration must be subject to withholding 
     under such qualified, certified or approved film, television 
     or other commercial video production incentive program as a 
     condition to treating such wages or other remuneration as a 
     qualified production cost or expenditure.
       (v) Certain public figures.--The term ``certain public 
     figures'' means persons of prominence who perform services 
     for wages or other remuneration on a per-event basis, 
     provided that the wages or other remuneration are paid to 
     such person for services provided at a discrete event, in the 
     nature of a speech, public appearance, or similar event.
       (C) Employer.--The term ``employer'' has the meaning given 
     such term in section 3401(d) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3401(d)), unless such term is defined by the 
     taxing jurisdiction in which the employee's employment duties 
     are performed, in which case the taxing jurisdiction's 
     definition shall prevail.
       (D) Taxing jurisdiction.--The term ``taxing jurisdiction'' 
     means any of the several States, the District of Columbia, or 
     any municipality, city, county, township, parish, 
     transportation district, or assessment jurisdiction, or any 
     other political subdivision of a State with the authority to 
     impose a tax, charge, or fee.
       (E) Time and attendance system.--The term ``time and 
     attendance system'' means a system in which--
       (i) the employee is required on a contemporaneous basis to 
     record his or her work location for every day worked outside 
     of the taxing jurisdiction in which the employee's employment 
     duties are primarily performed; and
       (ii) the system is designed to allow the employer to 
     allocate the employee's wages for income tax purposes among 
     all taxing jurisdictions in which the employee performs 
     employment duties for such employer.
       (F) Wages or other remuneration.--The term ``wages or other 
     remuneration'' may be defined by the taxing jurisdiction in 
     which the employment duties are performed.
       (5) Place of residence.--For purposes of this subsection, 
     the residence of an employee shall be determined under the 
     laws of the taxing jurisdiction in which such employee 
     maintains a dwelling which serves as the employee's permanent 
     place of abode during the calendar year.
       (6) Adjustment during coronavirus pandemic.--With respect 
     to calendar year 2020, in the case of any employee who 
     performs employment duties in any taxing jurisdiction other 
     than the taxing jurisdiction of the employee's residence 
     during such year as a result of the COVID-19 public health 
     emergency, paragraph (1)(B) shall be applied by substituting 
     ``90 days'' for ``30 days''.
       (b) State and Local Tax Certainty.--
       (1) Status of employees during covered period.--
     Notwithstanding subsection (a)(1)(B) or any provision of law 
     of a taxing jurisdiction, with respect to any employee whose 
     primary work location is within a taxing jurisdiction and who 
     is working remotely within another taxing jurisdiction during 
     the covered period--
       (A) except as provided under subparagraph (B), any wages 
     earned by such employee during such period shall be deemed to 
     have been earned at the primary work location of such 
     employee; and
       (B) if an employer, at its sole discretion, maintains a 
     system that tracks where such employee performs duties on a 
     daily basis, wages earned by such employee may, at the 
     election of such employer, be treated as earned at the 
     location in which such duties were remotely performed.
       (2) Status of businesses during covered period.--
     Notwithstanding any provision of law of a taxing 
     jurisdiction--
       (A) in the case of an out-of-jurisdiction business which 
     has any employees working remotely within such jurisdiction 
     during the covered period, the duties performed by such 
     employees within such jurisdiction during such period shall 
     not be sufficient to create any nexus or establish any 
     minimum contacts or level of presence that would otherwise 
     subject such business to any registration, taxation, or other 
     related requirements for businesses operating within such 
     jurisdiction; and
       (B) except as provided under paragraph (1)(B), with respect 
     to any tax imposed by such taxing jurisdiction which is 
     determined, in whole or in part, based on net or gross 
     receipts or income, for purposes of apportioning or sourcing 
     such receipts or income, any duties performed by an employee 
     of an out-of-jurisdiction business while working remotely 
     during the covered period--
       (i) shall be disregarded with respect to any filing 
     requirements for such tax; and
       (ii) shall be apportioned and sourced to the tax 
     jurisdiction which includes the primary work location of such 
     employee.
       (3) Definitions.--For purposes of this subsection--
       (A) Covered period.--The term ``covered period'' means, 
     with respect to any employee working remotely, the period--
       (i) beginning on the date on which such employee began 
     working remotely; and
       (ii) ending on the earlier of--

       (I) the date on which the employer allows, at the same 
     time--

       (aa) such employee to return to their primary work 
     location; and
       (bb) not less than 90 percent of their permanent workforce 
     to return to such work location; or

       (II) December 31, 2020.

       (B) Employee.--The term ``employee'' has the meaning given 
     such term in section 3121(d) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(d)), unless such term is defined by the 
     taxing jurisdiction in which the person's employment duties 
     are deemed to be performed pursuant to paragraph (1), in 
     which case the taxing jurisdiction's definition shall 
     prevail.
       (C) Employer.--The term ``employer'' has the meaning given 
     such term in section 3401(d) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3401(d)), unless such term is defined by the 
     taxing jurisdiction in which the employee's employment duties 
     are deemed to be performed pursuant to paragraph (1), in 
     which case the taxing jurisdiction's definition shall 
     prevail.
       (D) Out-of-jurisdiction business.--The term ``out-of-
     jurisdiction business'' means, with respect to any taxing 
     jurisdiction, any business entity which, excepting any 
     employees of such business who are working remotely within 
     such jurisdiction during the covered period, would not 
     otherwise be subject to any tax filing requirements under the 
     existing law of such taxing jurisdiction.
       (E) Primary work location.--The term ``primary work 
     location'' means, with respect to an employee, the address of 
     the employer where the employee is regularly assigned to work 
     when such employee is not working remotely during the covered 
     period.
       (F) Taxing jurisdiction.--The term ``taxing jurisdiction'' 
     has the same meaning given such term under subsection 
     (a)(4)(D).
       (G) Wages.--The term ``wages'' means all wages and other 
     remuneration paid to an employee that are subject to tax or 
     withholding requirements under the law of the taxing 
     jurisdiction in which the employment duties are deemed to be 
     performed under paragraph (1) during the covered period.
       (H) Working remotely.--The term ``working remotely'' means 
     the performance of duties by an employee at a location other 
     than the primary work location of such employee at the 
     direction of his or her employer due to conditions resulting 
     from the public health emergency relating to the virus SARS-
     CoV-2 or coronavirus disease 2019 (referred to in this 
     subparagraph as ``COVID-19''), including--
       (i) to comply with any government order relating to COVID-
     19;
       (ii) to prevent the spread of COVID-19; and
       (iii) due to the employee or a member of the employee's 
     family contracting COVID-19.
       (4) Preservation of authority of taxing jurisdictions.--
     This subsection shall not be construed as modifying, 
     impairing, superseding, or authorizing the modification, 
     impairment, or supersession of the law of any taxing 
     jurisdiction pertaining to taxation except as expressly 
     provided in paragraphs (1) through (3).
       (c) Effective Date; Applicability.--
       (1) Effective date.--Subject to paragraph (3), this section 
     shall apply to calendar years beginning after December 31, 
     2019.
       (2) Applicability.--This section shall not apply to any tax 
     obligation that accrues before January 1, 2020.
       (3) Termination.--Subsection (a) shall not apply to 
     calendar years beginning after December 31, 2024.

[[Page S4864]]

  


     SEC. ___. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided under this title 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 title 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.
                                 ______
                                 
  SA 2550. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end of the matter proposed to be inserted, insert 
     the following:

     SEC. 3. RESTRICTIONS ON FEDERAL CONTRACTING WITH CHINESE 
                   COMPANIES.

       (a) Definitions.--In this section:
       (1) Covered contract.--The term ``covered contract'' means 
     a contract with a value equal to or greater than $10,000 
     related to an infrastructure project, including with respect 
     to--
       (A) surface transportation (roads);
       (B) mass transit, including airports, public 
     transportation, and rail;
       (C) ports and bridges, including domestic waterways as 
     defined by the Army Corps of Engineers;
       (D) energy, including grid infrastructure and renewable 
     energy;
       (E) telecommunications systems; or
       (F) emerging technologies identified by the Secretary of 
     Commerce pursuant to the rulemaking undertaken in accordance 
     with the advance notice of proposed rulemaking entitled, 
     ``Review of Controls for Certain Emerging Technologies'' (83 
     Fed. Reg. 58201).
       (2) Covered foreign entity.--The term ``covered foreign 
     entity'' means an entity domiciled in the People's Republic 
     of China or subject to influence or control by the Government 
     of the People Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security.
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
       (b) Restrictions on Contracting With Companies That Are 
     Owned Wholly or Partially by Covered Foreign Entities.--
       (1) Federal contracts.--The head of an executive agency may 
     not enter into--
       (A) a covered contract with a contractor that has an 
     ownership interest, either directly or through a joint 
     venture, of at least 25 percent that is held by a covered 
     foreign entity; or
       (B) a covered contract in which the contractor subcontracts 
     with a subcontractor having such an ownership interest.
       (2) Use of federal funds.--No Federal funds, including 
     grant and loan funds, may be used to enter into a covered 
     contract with a contractor or subcontractor having an 
     ownership interest of at least 25 percent that is held by a 
     covered foreign entity.
       (3) Waiver authority.--The head of an executive agency may 
     waive the prohibition under paragraph (1) or (2) on a case-
     by-case basis. Notice of each such waiver shall be provided 
     to the Director of the Office of Management and Budget.
       (4) Effective date.--The prohibitions under paragraphs (1) 
     and (2) apply to contracts and subcontracts entered into, 
     extended, or renewed on or after the date that is two years 
     after the date of the enactment of this Act.
       (c) Role of Federal Acquisition Security Council in Ending 
     Reliance on People's Republic of China for Certain Items.--
     Section 1323(a)(1) of title 41, United States Code, is 
     amended--
       (1) by redesignating paragraph (7) as paragraph (8); and
       (2) by inserting after paragraph (6) the following new 
     paragraph:
       ``(8) Seeking to end the reliance of the United States 
     Government on the People's Republic of China for--
       ``(A) information technology;
       ``(B) critical infrastructure;
       ``(C) semiconductors;
       ``(D) medical equipment; and
       ``(E) emerging technologies identified by the Secretary of 
     Commerce pursuant to the rulemaking undertaken in accordance 
     with the advance notice of proposed rulemaking entitled, 
     `Review of Controls for Certain Emerging Technologies' (83 
     Fed. Reg. 58201).''.
                                 ______
                                 
  SA 2551. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

Subtitle __--American-Made Protection for Healthcare Workers and First 
                               Responders

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``American-Made 
     Protection for Healthcare Workers and First Responders Act''.

     SEC. __02. INCLUSION OF PERSONAL PROTECTIVE EQUIPMENT IN THE 
                   STRATEGIC NATIONAL STOCKPILE.

       Section 319F-2(a) of the Public Health Service Act (42 
     U.S.C. 247d-6b(a)) is amended by adding at the end the 
     following:
       ``(6) Personal protective equipment.--
       ``(A) In general.--The Secretary, in coordination with the 
     Secretary of Homeland Security, shall ensure that the 
     supplies of the strategic national stockpile includes 
     personal protective equipment in a quantity that is 
     sufficient for a 1-year supply during a nationwide pandemic.
       ``(B) Definition.--In this paragraph, the term `personal 
     protective equipment'--
       ``(i) has the meaning given such term by the Commissioner 
     of Food and Drugs, which includes protective clothing, 
     helmets, gloves, face shields, goggles, facemasks, and other 
     equipment designed to protect the wearer from injury or the 
     spread of infection or illness; and
       ``(ii) includes ventilators, respirators, disinfecting 
     wipes, and hand sanitizer.
       ``(7) Congressional briefings.--Not later than 180 days 
     after the date of enactment of this paragraph, and every 180 
     days thereafter until the date that is 5 years after the date 
     of enactment of this paragraph, the Secretary shall provide a 
     briefing to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives on the 
     inventory of drugs, vaccines and other biological products, 
     medical devices, and other supplies in the strategic national 
     stockpile.''.

     SEC. __03. NATIONAL STRATEGIC STOCKPILE OF PERSONAL 
                   PROTECTIVE EQUIPMENT FOR FIRST RESPONDERS.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 529. NATIONAL STRATEGIC STOCKPILE OF PERSONAL 
                   PROTECTIVE EQUIPMENT FOR FIRST RESPONDERS.

       ``(a) Definitions.--In this section--
       ``(1) the term `first responder' means a `public safety 
     officer' as defined in section 1204 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); 
     and
       ``(2) the term `personal protective equipment'--
       ``(A) has the meaning given such term in paragraph (6) of 
     section 319F-2(a) of the Public Health Service Act (42 U.S.C. 
     247d-6b(a)); and
       ``(B) includes such other equipment as determined 
     appropriate by the Secretary.
       ``(b) Requirement.--The Secretary shall--
       ``(1) establish and maintain a national strategic stockpile 
     of personal protective equipment for use by first responders 
     during an emergency declared under section 501(b) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5191(b)) or under the National Emergencies Act 
     (50 U.S.C. 1601 et seq.); and
       ``(2) make such personal protective equipment available, on 
     a reimbursable basis, to first responder agencies.
       ``(c) Reimbursement.--In lieu of reimbursement from a first 
     responder agency under subsection (b), the Secretary may 
     accept reimbursement from the State, or political subdivision 
     thereof, in which the first responder agency is located.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 528 the following:

``Sec. 529. National strategic stockpile of personal protective 
              equipment for first responders.''.

     SEC. __04. PRE-DISASTER CONTRACTS.

       The Secretary of Health and Human Services (referred to in 
     this section as the ``Secretary'') shall enter into contracts 
     with suppliers of personal protective equipment (as defined 
     in section 319F-2(a)(6)(B) of the Public Health Service Act 
     (as amended by this subtitle)) for the procurement by the 
     Federal Government of such equipment in the event of a public 
     health emergency declared under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d), under section 501(b) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191(b)), or under the National 
     Emergencies Act (50 U.S.C. 1601 et seq.).

     SEC. __05. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE 
                   EQUIPMENT FROM COVERED FOREIGN ENTITIES.

       (a) Procurement Prohibition.--An executive agency may not 
     procure by contract, subcontract, grant, or cooperative 
     agreement any personal protective equipment sourced, 
     manufactured, or assembled in whole or in part by a covered 
     foreign entity. To the extent possible, executive agencies 
     shall procure personal protective equipment sourced, 
     manufactured, or assembled in whole or in part in the United 
     States.
       (b) Prohibition on Use of Federal Funds for Foreign 
     Procurement.--No Federal funds, whether made available by 
     contract, grant, or cooperative agreement, may be used to 
     procure personal protective equipment sourced, manufactured, 
     or assembled in whole or in part by a covered foreign entity.

[[Page S4865]]

       (c) Effective Date.--The prohibitions under subsections (a) 
     and (b) shall take effect on the date that is one year after 
     the date of the enactment of this Act.

     SEC. __06. INELIGIBILITY FOR FEDERAL CONTRACTING AS RESULT OF 
                   UNREASONABLE FAILURE TO PERFORM A CONTRACT FOR 
                   THE PROCUREMENT OF PERSONAL PROTECTIVE 
                   EQUIPMENT.

       Any Federal contractor or subcontractor determined by the 
     head of an executive agency to have unreasonably failed to 
     perform a contract for the procurement of personal protective 
     equipment shall be ineligible to receive a Federal contract 
     for a period of 10 years following such determination.

     SEC. __07. DEFINITIONS.

       In this subtitle:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means--
       (A) a covered entity designated by the Secretary of 
     Commerce;
       (B) an entity included on the Consolidated Screening List;
       (C) any entity that is subject to extrajudicial direction 
     from a foreign government, as determined by the Secretary of 
     Homeland Security;
       (D) any entity the Secretary of Homeland Security, in 
     coordination with the Director of National Intelligence and 
     the Secretary of Defense, determines poses a national 
     security risk;
       (E) any entity domiciled in the People's Republic of China 
     or subject to influence or control by the Government of the 
     People's Republic of China or the Communist Party of the 
     People's Republic of China, as determined by the Secretary of 
     Homeland Security; or
       (F) any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
       (3) Personal protective equipment.--The term ``personal 
     protective equipment'' has the meaning given such term in 
     section 319F-2(a)(6)(B) of the Public Health Service Act (as 
     amended by this subtitle).
                                 ______
                                 
  SA 2552. Mr. SCOTT of Florida (for himself, Ms. Ernst, and Ms. 
McSally) submitted an amendment intended to be proposed to amendment SA 
2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross 
human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                TITLE __--AFFORDABLE CORONAVIRUS TESTING

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Affordable Coronavirus 
     Testing Act''.

     SEC. _02. COVERAGE OF CORONAVIRUS ANTIBODY TESTS.

       (a) Coverage.--
       (1) In general.--A group health plan and a health insurance 
     issuer offering group or individual health insurance coverage 
     (including a grandfathered health plan (as defined in section 
     1251(e) of the Patient Protection and Affordable Care Act) 
     shall provide coverage, and shall not impose any cost sharing 
     (including deductibles, copayments, and coinsurance) 
     requirements or prior authorization or other medical 
     management requirements, for eligible COVID-19 serology tests 
     performed during any portion of the 2020 or 2021 plans years.
       (2) Eligible test.--For purpose of paragraph (1), an 
     eligible COVID-19 serology test shall include the following:
       (A) A test that has been approved, cleared, or authorized 
     under section 510(k), 513, 515, or 564 of the Federal Food, 
     Drug, and Cosmetic Act for the detection of the presence of 
     SARS-CoV-2 antibodies.
       (B) A serology test kit that is made available within the 
     10-day grace period prior to an emergency use authorization 
     submission and with respect to which such emergency use 
     authorization submission is under consideration, except that 
     this subparagraph shall not apply in the case of a serology 
     test kit where the emergency use authorization submission 
     request under section 564 of the Federal Food, Drug, and 
     Cosmetic Act has been denied or not submitted within a 
     reasonable timeframe.
       (C) A serology laboratory developed test that the Food and 
     Drug Administration permits for clinical use without an 
     emergency use authorization submission.
       (D) Any other test the Secretary determines appropriate 
     through guidance.
       (b) Enforcement.--The provisions of this section shall be 
     applied by the Secretary of Health and Human Services, 
     Secretary of Labor, and Secretary of the Treasury to group 
     health plans and health insurance issuers offering group or 
     individual health insurance coverage as if included in the 
     provisions of part A of title XXVII of the Public Health 
     Service Act, part 7 of the Employee Retirement Income 
     Security Act of 1974, and subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986, as applicable.
       (c) Implementation.--The Secretary of Health and Human 
     Services, Secretary of Labor, and Secretary of the Treasury 
     may implement the provisions of this section through sub-
     regulatory guidance, program instruction or otherwise.
       (d) Rule of Construction.--Nothing in this title, or the 
     amendments made by this title, shall be construed to limit 
     the number of COVID-19 serology tests that will be covered 
     with respect to an individual under this title (or 
     amendments).
       (e) Terms.--In this section:
       (1) General terms.--The terms ``group health plan'', 
     ``health insurance issuer'', ``group health insurance 
     coverage'', and ``individual health insurance coverage'' 
     shall 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 of 1986, as applicable.
       (2) Medical management.--The term ``medical management'' 
     includes requirements relating to clinical criteria for 
     coverage, frequency limitations, and similar restrictions as 
     determined by the Secretary of Health and Human Services, 
     Secretary of Labor, and Secretary of the Treasury.
       (f) Conforming Amendment.--Section 6001(d) of the Families 
     First Coronavirus Response Act (42 U.S.C. 1320b-5 note) is 
     amended--
       (1) by striking ``The terms'' and inserting the following:
       ``(1) In general.--The terms''; and
       (2) by adding at the end the following:
       ``(2) Medical management.--The term `medical management' 
     includes requirements relating to clinical criteria for 
     coverage, frequency limitations, and similar restrictions as 
     determined by the Secretary of Health and Human Services, 
     Secretary of Labor, and Secretary of the Treasury.''.

     SEC. _03. COVERAGE OF CORONAVIRUS ANTIBODY TESTS AT NO COST 
                   SHARING UNDER MEDICARE.

       (a) In General.--Section 1833(cc)(1)(A)(iii) of the Social 
     Security Act (42 U.S.C. 1395l(cc)(1)(A)(iii) is amended by 
     inserting the following before the semicolon: ``or a COVID-19 
     serology test described in section 1852(a)(1)(B)(VII)''.
       (b) Coverage Under 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 (VII) as subclause (VIII); 
     and
       (B) by inserting after subclause (VI) the following new 
     clause:

       ``(VII) A COVID-19 serology test administered during any 
     portion of the 2-year period beginning on January 1, 2020, 
     that begins on or after the date of enactment of this 
     subclause, and the administration of such test.'';

       (2) in clause (v), by striking ``and (VI)'' and inserting 
     ``(VI), and (VII)''; and
       (3) in clause (vi), by inserting ``, or in the case of a 
     product or service described in subclause (VII) of such 
     clause that is administered or furnished during any portion 
     of the period described in such subclause'' after ``this 
     clause''.

     SEC. _04. COVERAGE OF CORONAVIRUS ANTIBODY TESTS UNDER 
                   MEDICAID AND CHIP.

       (a) Medicaid.--
       (1) In general.--Section 1905(a)(3) of the Social Security 
     Act (42 U.S.C. 1396d(a)(3)) is amended--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by inserting ``and'' after the 
     semicolon; and
       (C) by adding at the end the following new subparagraph:
       ``(C) COVID-19 serology tests administered during any 
     portion of the 2-year period beginning on January 1, 2020, 
     that begins on or after the date of enactment of this 
     subparagraph, and the administration of such tests;''.
       (2) No cost sharing.--
       (A) In general.--Subsections (a)(2) and (b)(2) of section 
     1916 of the Social Security Act (42 U.S.C. 1396o) are each 
     amended--
       (i) in subparagraph (F), by striking ``or'' at the end;
       (ii) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (iii) by inserting after subparagraph (F) the following new 
     subparagraph:
       ``(G) any COVID-19 serology test described in section 
     1905(a)(3)(C) that is performed during any portion of the 2-
     year period described in such section beginning on or after 
     the date of enactment of this subparagraph (and the 
     administration of such test), or''.
       (B) Application to alternative cost sharing.--Section 
     1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
     1(b)(3)(B)) is amended by adding at the end the following new 
     clause:
       ``(xii) Any COVID-19 serology test described in section 
     1905(a)(3)(C) that is administered during any portion of the 
     2-year period described in such section beginning on or after 
     the date of enactment of this clause (and the administration 
     of such test).''.
       (C) Clarification.--The amendments made in this paragraph 
     shall apply with respect to a State plan of a territory in 
     the same manner as a State plan of one of the 50 States.
       (b) CHIP.--
       (1) In general.--Section 2103(c) of the Social Security Act 
     (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
     following paragraph:

[[Page S4866]]

       ``(11) COVID-19 serology testing.--The child health 
     assistance provided to a targeted low-income child shall 
     include coverage of any COVID-19 serology test described in 
     section 1905(a)(3)(C) that is administered during any portion 
     of the 2-year period described in such section beginning on 
     or after the date of the enactment of this subparagraph (and 
     the administration of such test).''.
       (2) Prohibition of cost sharing.--Section 2103(e)(2) of the 
     Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended by 
     inserting ``COVID-19 serology tests described in subsection 
     (c)(11) (and administration of such tests),'' after 
     ``products),''.

     SEC. _05. COVERAGE OF CORONAVIRUS ANTIBODY TESTS UNDER THE 
                   TRICARE PROGRAM.

       (a) In General.--The Secretary of Defense shall provide 
     coverage under the TRICARE program, and shall not impose any 
     cost sharing (including deductibles, copayments, and 
     coinsurance) requirements or prior authorization or other 
     medical management requirements, for COVID-19 serology tests 
     performed for covered beneficiaries during calendar year 2020 
     or 2021.
       (b) Definitions.--In this section, the terms ``TRICARE 
     program'' and ``covered beneficiary'' have the meanings given 
     those terms in section 1072 of title 10, United States Code.

     SEC. _06. COVERAGE OF CORONAVIRUS ANTIBODY TESTS FROM 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     furnish a COVID-19 serology test to any enrolled veteran, 
     upon request by the veteran, during calendar years 2020 and 
     2021 and shall not impose any cost sharing (including 
     deductibles, copayments, and coinsurance) requirements or 
     prior authorization or other medical management requirements 
     for the receipt of such a test by an enrolled veteran during 
     such period.
       (b) Enrolled Veteran Defined.--In this section, the term 
     ``enrolled veteran'' means a veteran enrolled in the system 
     of annual patient enrollment of the Department of Veterans 
     Affairs established and operated under section 1705(a) of 
     title 38, United States Code.

     SEC. _07. COVERAGE OF CORONAVIRUS ANTIBODY TESTS UNDER FEHBP.

       Section 8902 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(p) A contract for a plan under this chapter shall--
       ``(1) require the carrier to provide coverage for--
       ``(A) a COVID-19 serology test administered on any date 
     during the period beginning on the date of enactment of this 
     subsection and ending on December 31, 2021; and
       ``(B) the administration of a test described in 
     subparagraph (A); and
       ``(2) prohibit the carrier from imposing any cost sharing 
     requirement (including a deductible, copayment, or 
     coinsurance requirement), or prior authorization or other 
     medical management requirement, with respect to a test 
     described in paragraph (1)(A).''.

     SEC. _08. REIMBURSEMENT FOR UNINSURED PATIENT COSTS.

       The Secretary of Health and Human Services shall utilize 
     amounts in the Public Health and Social Services Emergency 
     Fund (as established in the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136)) to reimburse 
     health care providers for the costs of providing health care 
     services for the diagnosis and treatment of COVID-19 for 
     individuals who are not covered under a group health plan or 
     other health insurance coverage.

     SEC. _09. ELECTRONIC REPORTING STANDARDS.

       (a) Committee.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall convene a committee to make recommendations to 
     the Secretary on the expedited adoption of private sector 
     standards (as defined in section 1171(7) of the Social 
     Security Act (42 U.S.C. 1320d(7))) and the platform described 
     in subsection (b).
       (2) Membership.--The committee under paragraph (1) shall 
     include representatives of--
       (A) the Centers for Disease Control and Prevention;
       (B) the Office of Civil Rights of the Department of Health 
     and Human Services;
       (C) the Office of the National Coordinator for Health 
     Information Technology;
       (D) the Department of Defense;
       (E) the Department of Veterans Affairs;
       (F) the Centers for Medicare & Medicaid Services; and
       (G) standards development organizations defined under 
     section 1171(8) of the Social Security Act (42 U.S.C. 
     1320d(8)), including the National Council for Prescription 
     Drug Programs and Health Level 7.
       (b) Standards and Platform.--Not later than 60 days after 
     the date of the convening of the committee in subsection 
     (a)(1), the committee shall recommend standards, 
     implementation guidelines, and the attributes of a health 
     data platform that facilitates the real-time sharing of 
     information for both public health and clinical health that 
     allows for--
       (1) interoperable electronic reporting standards for the 
     sharing of electronic patient data, including case reports, 
     laboratory results, serology, immunology, and hospital 
     capacity data;
       (2) standardized electronic information reporting for the 
     automated e-reporting of COVID-19 or future epidemic 
     surveillance results from health care providers, 
     laboratories, and other sources to the Centers for Disease 
     Control and Prevention and State and local departments of 
     health;
       (3) standardized immunization data that is shared with 
     immunization registries, medication history, and serology 
     available at the point of care for clinicians; and
       (4) a common platform for automated queries and responses 
     from hospitals, physicians, and other prescribers and 
     pharmacies to--
       (A) collect, maintain, and provide to prescribers and 
     dispensers, in real-time and within ordinary clinical 
     workflow, information on patient prescription and dispensing 
     history, relevant clinical diagnoses, laboratory test 
     results, vaccinations through pharmaceutical claims, and 
     electronic prescribing data transactions to treat patients; 
     and
       (B) allow for the relevant information to be reported to 
     public health officials for the purposes of infectious 
     disease surveillance, identification, and containment 
     consistent with any electronic case reporting system.
     Such recommendations shall be prioritized in order of impact 
     on improvements to public and clinical health.
       (c) Adoption of Standards.--Not later than 90 days after 
     receipt of the recommendations under subsection (b), and in 
     consultation with American National Standards Institute 
     Accredited Standards Development Organizations, the Secretary 
     of Health and Human Services shall adopt priority standards 
     and implementation specifications recommended by the 
     committee under subsection (a) on an expedited basis without 
     regard to the process described in section 1174 of the Social 
     Security Act (with respect to limits on the timeframe for 
     adoption of the standards) (42 U.S.C. 1320d-3).
       (d) Adoption of Platform.--Not later than 90 days after 
     receipt of the recommendations under subsection (b) on a 
     common platform as described in subsection (b)(4), the 
     Secretary of Health and Human Services shall enter into a 
     contract with a private sector entity to establish such 
     platform, which shall be available for use within 180 days of 
     the date of such contract.
       (e) Report.--Not later than 30 days after the date on which 
     the committee established under subsection (a) makes 
     recommendations for standards and the platform under 
     subsection (b), the committee shall submit to the appropriate 
     committees of Congress a report on such standards and 
     platform, including any legislative changes that would be 
     necessary to implement such standards and platform.
                                 ______
                                 
  SA 2553. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. VOLUNTARY PROTECTION PROGRAM.

       (a) Cooperative Relationships.--The Secretary of Labor 
     shall establish a program of entering into cooperative 
     relationships with employers to encourage the establishment 
     of comprehensive safety and health management systems that 
     include--
       (1) requirements for systematic assessment of hazards;
       (2) comprehensive hazard prevention, mitigation, and 
     control programs;
       (3) active and meaningful management leadership and 
     employee participation in the voluntary program described in 
     subsection (b); and
       (4) employee safety and health training.
       (b) Voluntary Protection Program.--
       (1) In general.--The Secretary of Labor shall establish and 
     carry out a voluntary protection program (consistent with 
     subsection (a)) to encourage excellence and recognize the 
     achievement of excellence in both the technical and 
     managerial protection of employees from occupational hazards.
       (2) Program requirements.--The voluntary protection program 
     shall include the following:
       (A) Application.--Employers who volunteer under the program 
     shall be required to submit an application to the Secretary 
     of Labor demonstrating that the worksite with respect to 
     which the application is made meets such requirements as the 
     Secretary of Labor may require for participation in the 
     program.
       (B) Onsite evaluations.--
       (i) In general.--There shall be onsite evaluations by 
     representatives of the Secretary of Labor to ensure a high 
     level of protection of employees.
       (ii) Treatment of hazards.--Any representative of the 
     Secretary of Labor who is conducting an onsite evaluation 
     under clause (i)--

       (I) shall not issue, or recommend the issuance of, 
     citations under the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 651 et seq.) related to any of the hazards 
     identified during the evaluation; and
       (II) may refer any hazard identified during the evaluation 
     to the Assistant Secretary of

[[Page S4867]]

     Labor for Occupational Safety and Health for review and 
     enforcement action, if--

       (aa) employees are exposed to the hazard; and
       (bb) after reasonable efforts, the Secretary's 
     representative is unable to reach agreement with the employer 
     on the correction of the hazard.
       (C) Information.--Each employer whose worksite is approved 
     by the Secretary of Labor for participation in the program 
     shall ensure information about the safety and health program 
     is made readily available to each employee who is performing 
     work at the worksite.
       (D) Reevaluations.--Periodic reevaluations by the Secretary 
     of Labor of the employers shall be required for continued 
     participation in the program.
       (3) Monitoring.--To ensure proper controls and measurement 
     of program performance for the voluntary protection program 
     under this section, the Secretary of Labor shall direct the 
     Assistant Secretary of Labor for Occupational Safety and 
     Health to take the following actions:
       (A) Develop a documentation policy regarding information on 
     follow-up actions taken by the regional offices of the 
     Occupational Safety and Health Administration in response to 
     fatalities and serious injuries at worksites participating in 
     the voluntary protection program.
       (B) Establish internal controls that ensure consistent 
     compliance by the regional offices of the Occupational Safety 
     and Health Administration with the voluntary protection 
     program policies of the Occupational Safety and Health 
     Administration for conducting onsite reviews and monitoring 
     injury and illness rates, to ensure that only qualified 
     worksites participate in the program.
       (C) Establish a system for monitoring the performance of 
     the voluntary protection program by developing specific 
     performance goals and measures for the program.
       (4) Exemptions.--A worksite with respect to which a 
     voluntary protection program has been approved shall, during 
     participation in the program, be exempt from programmed 
     inspections, except that this paragraph shall not apply to 
     inspections or investigations arising from employee 
     complaints, fatalities, catastrophes, or significant toxic 
     releases.
       (5) No payments required.--The Secretary of Labor shall not 
     require any form of payment for an employer to qualify or 
     participate in the voluntary protection program.
       (c) Transition.--The Secretary of Labor shall take such 
     steps as may be necessary for the orderly transition from the 
     cooperative relationships and voluntary protection programs 
     carried out by the Occupational Safety and Health 
     Administration as of the day before the date of enactment of 
     this Act, to the cooperative relationships and voluntary 
     protection program authorized under this section. In making 
     such transition, the Secretary shall ensure that--
       (1) the voluntary protection program authorized under this 
     section is based upon and consistent with the voluntary 
     protection programs carried out on the day before the date of 
     enactment of this Act; and
       (2) each employer that, as of the day before the date of 
     enactment of this Act, had an active cooperative relationship 
     under the voluntary protection programs carried out by the 
     Occupational Safety and Health Administration and was in good 
     standing with respect to the duties and responsibilities 
     under such agreement, shall have the option to continue 
     participating in the voluntary protection program authorized 
     under this section.
       (d) Regulations and Implementation.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary of 
     Labor shall issue final regulations for the voluntary 
     protection program authorized under this section and shall 
     begin implementation of the program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.
                                 ______
                                 
  SA 2554. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. VOLUNTARY PROTECTION PROGRAM.

       (a) Cooperative Relationships.--The Secretary of Labor 
     shall establish a program of entering into cooperative 
     relationships with employers to encourage the establishment 
     of comprehensive safety and health management systems that 
     include--
       (1) requirements for systematic assessment of hazards;
       (2) comprehensive hazard prevention, mitigation, and 
     control programs;
       (3) active and meaningful management leadership and 
     employee participation in the voluntary program described in 
     subsection (b); and
       (4) employee safety and health training.
       (b) Voluntary Protection Program.--
       (1) In general.--The Secretary of Labor shall establish and 
     carry out a voluntary protection program (consistent with 
     subsection (a)) to encourage excellence and recognize the 
     achievement of excellence in both the technical and 
     managerial protection of employees from occupational hazards.
       (2) Program requirements.--The voluntary protection program 
     shall include the following:
       (A) Application.--Employers who volunteer under the program 
     shall be required to submit an application to the Secretary 
     of Labor demonstrating that the worksite with respect to 
     which the application is made meets such requirements as the 
     Secretary of Labor may require for participation in the 
     program.
       (B) Onsite evaluations.--
       (i) In general.--There shall be onsite evaluations by 
     representatives of the Secretary of Labor to ensure a high 
     level of protection of employees.
       (ii) Treatment of hazards.--Any representative of the 
     Secretary of Labor who is conducting an onsite evaluation 
     under clause (i)--

       (I) shall not issue, or recommend the issuance of, 
     citations under the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 651 et seq.) related to any of the hazards 
     identified during the evaluation; and
       (II) may refer any hazard identified during the evaluation 
     to the Assistant Secretary of Labor for Occupational Safety 
     and Health for review and enforcement action, if--

       (aa) employees are exposed to the hazard; and
       (bb) after reasonable efforts, the Secretary's 
     representative is unable to reach agreement with the employer 
     on the correction of the hazard.
       (C) Information.--Each employer whose worksite is approved 
     by the Secretary of Labor for participation in the program 
     shall ensure information about the safety and health program 
     is made readily available to each employee who is performing 
     work at the worksite.
       (D) Reevaluations.--Periodic reevaluations by the Secretary 
     of Labor of the employers shall be required for continued 
     participation in the program.
       (3) Monitoring.--To ensure proper controls and measurement 
     of program performance for the voluntary protection program 
     under this section, the Secretary of Labor shall direct the 
     Assistant Secretary of Labor for Occupational Safety and 
     Health to take the following actions:
       (A) Develop a documentation policy regarding information on 
     follow-up actions taken by the regional offices of the 
     Occupational Safety and Health Administration in response to 
     fatalities and serious injuries at worksites participating in 
     the voluntary protection program.
       (B) Establish internal controls that ensure consistent 
     compliance by the regional offices of the Occupational Safety 
     and Health Administration with the voluntary protection 
     program policies of the Occupational Safety and Health 
     Administration for conducting onsite reviews and monitoring 
     injury and illness rates, to ensure that only qualified 
     worksites participate in the program.
       (C) Establish a system for monitoring the performance of 
     the voluntary protection program by developing specific 
     performance goals and measures for the program.
       (4) Exemptions.--A worksite with respect to which a 
     voluntary protection program has been approved shall, during 
     participation in the program, be exempt from programmed 
     inspections, except that this paragraph shall not apply to 
     inspections or investigations arising from employee 
     complaints, fatalities, catastrophes, or significant toxic 
     releases.
       (5) No payments required.--The Secretary of Labor shall not 
     require any form of payment for an employer to qualify or 
     participate in the voluntary protection program.
       (c) Transition.--The Secretary of Labor shall take such 
     steps as may be necessary for the orderly transition from the 
     cooperative relationships and voluntary protection programs 
     carried out by the Occupational Safety and Health 
     Administration as of the day before the date of enactment of 
     this Act, to the cooperative relationships and voluntary 
     protection program authorized under this section. In making 
     such transition, the Secretary shall ensure that--
       (1) the voluntary protection program authorized under this 
     section is based upon and consistent with the voluntary 
     protection programs carried out on the day before the date of 
     enactment of this Act; and
       (2) each employer that, as of the day before the date of 
     enactment of this Act, had an active cooperative relationship 
     under the voluntary protection programs carried out by the 
     Occupational Safety and Health Administration and was in good 
     standing with respect to the duties and responsibilities 
     under such agreement, shall have the option to continue 
     participating in the voluntary protection program authorized 
     under this section.
       (d) Regulations and Implementation.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary of 
     Labor shall issue final regulations for the voluntary 
     protection program authorized under this section and shall 
     begin implementation of the program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.
                                 ______
                                 
  SA 2555. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of

[[Page S4868]]

ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TIMELY BILLS FOR PATIENTS.

       (a) In General.--
       (1) Amendment.--Part C of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-91 et seq.), is amended--
       (A) by redesignating the second section 2794 (42 U.S.C. 
     300gg-95) (relating to uniform fraud and abuse referral 
     format), as added by section 6603 of the Patient Protection 
     and Affordable Care Act (Public Law 111-148), as section 
     2795; and
       (B) by adding at the end the following:

     ``SEC. 2796. PROVIDER PROVISION OF TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--The Secretary shall require--
       ``(1) health care facilities, or in the case of 
     practitioners providing services outside of such a facility, 
     practitioners, to provide to a patient a list of services 
     rendered to such patient during the visit to such facility or 
     practitioner, and, in the case of a facility, the name of the 
     practitioner for each such service, upon discharge or end of 
     the visit or by postal or electronic communication as soon as 
     practicable and not later than 15 calendar days after 
     discharge or date of visit; and
       ``(2) subject to subsection (e), health care facilities and 
     practitioners to furnish all bills reflecting claims 
     adjudicated between the relevant provider and group health 
     plan or health insurance issuer offering group or individual 
     health insurance coverage, to the patient as soon as 
     practicable, but not later than 90 calendar days after 
     discharge or date of visit.
       ``(b) Adjudication of Bills.--For purposes of meeting the 
     requirements of subsection (a), in the case of services 
     provided to an individual covered by a group health plan or 
     group or individual health insurance coverage--
       ``(1) the health care facility, or in the case of a 
     practitioner providing services outside of such a facility, 
     the practitioner, shall submit to the applicable group health 
     plan or health insurance issuer the bill with respect to such 
     services not later than 30 calendar days after discharge or 
     date of visit of the individual;
       ``(2) a group health plan or health insurance issuer 
     receiving a bill as described in paragraph (1) shall, not 
     later than 30 calendar days after such bill is transmitted by 
     the facility or practitioner, complete adjudication of the 
     bill and send such adjudicated bill to the facility or 
     practitioner, as applicable under paragraph (1); and
       ``(3) the health care facility or practitioner, as 
     applicable under paragraph (1), shall, not later than 30 
     calendar days after transmission of the adjudicated bill as 
     described in paragraph (2), send such bill to the individual.
       ``(c) Payment After Billing.--No patient may be required to 
     pay a bill for health care services any earlier than 45 days 
     after the postmark date of a bill for such services.
       ``(d) Effect of Violation.--
       ``(1) Notification and refund requirements.--
       ``(A) Provider lists.--If a facility or practitioner fails 
     to provide a patient a list as required under subsection 
     (a)(1), such facility or practitioner shall report such 
     failure to the Secretary.
       ``(B) Billing.--If a facility or practitioner bills a 
     patient after the 60-calendar-day period described in 
     subsection (a)(2), such facility or practitioner shall--
       ``(i) report such bill to the Secretary; and
       ``(ii) refund the patient for the full amount paid in 
     response to such bill with interest, at a rate determined by 
     the Secretary.
       ``(2) Civil monetary penalties.--
       ``(A) In general.--The Secretary may impose civil monetary 
     penalties of up to $10,000 on any facility or practitioner as 
     follows:
       ``(i) In the case of a facility or practitioner that fails 
     to provide a list required under subsection (a)(1) 10 or more 
     times, such penalties may be imposed, with respect to each 
     such failure. Such penalties may be imposed, with respect to 
     each such failure, for each day, beginning on the date of the 
     tenth failure and ending on the day on which the facility or 
     practitioner provides the relevant list.
       ``(ii) In the case of a facility or practitioner that 
     submits 10 or more bills outside of the period described in 
     subsection (a)(2), such penalties may be imposed with respect 
     to each such bill, each day, beginning on the date on which 
     such facility or practitioner sends each such bill and ending 
     on the date such facility or practitioner withdraws such 
     bill.
       ``(iii) In the case of a facility or practitioner that 
     fails to report to the Secretary any failure to provide lists 
     as required under paragraph (1)(A), such penalties may be 
     imposed, each day, beginning on the date that is 60 calendar 
     days after the date of discharge or visit, as applicable, and 
     ending on the date of reporting.
       ``(iv) In the case of a facility or practitioner that fails 
     to send any bill as required under subsection (a)(2), such 
     penalties may be imposed, each day, beginning on the date 
     that is 60 calendar days after the date of discharge or 
     visit, as applicable, and ending on the date of sending such 
     bill.
       ``(v) In the case of a facility or practitioner that 
     requires a patient to pay a bill for health care services 
     earlier than 45 days after the postmark date of such bill, 
     such penalties may be imposed for each bill issued in 
     violation of subsection (b).
       ``(B) Procedure.--The provisions of section 1128A of the 
     Social Security Act, other than subsections (a) and (b) and 
     the first sentence of subsection (c)(1) of such section, 
     shall apply to civil money penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A of the Social Security Act.
       ``(3) Exemptions.--The Secretary may exempt a practitioner 
     or facility from the penalties under paragraph (2)(A) or 
     extend the period of time specified in subsection (a)(2) for 
     compliance with such subsection if a practitioner or 
     facility--
       ``(A) makes a good-faith attempt to send a bill within the 
     period of time specified in subsection (a)(2) but is unable 
     to do so because of an incorrect address; or
       ``(B) experiences extenuating circumstances (as defined by 
     the Secretary), such as a hurricane or cyberattack, that may 
     reasonably delay delivery of a timely bill.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 to coverage determinations or claims 
     subject to the requirements of this section. The periods 
     described in subsections (a)(2), (b), and (c) shall be tolled 
     during any period during which a claim is subject to an 
     appeal under section 2719, provided that, in the case of such 
     an appeal by the provider, the patient is informed of such 
     appeal.''.
       (2) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate final regulations to implement 
     section 2796 of the Public Health Service Act, as added by 
     paragraph (1). Such regulations shall include--
       (A) a definition of the term ``extenuating circumstance'' 
     for purposes of subsection (d)(3)(B) of such section 2796; 
     and
       (B) a definition of the term ``date of service'' for 
     purposes of subsection (b)(1), with respect to providers 
     submitting global packages for services provided on multiple 
     visits.
       (b) Group Health Plan and Health Insurance Issuer 
     Requirements.--
       (1) PHSA.--Part A of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg) is amended by adding at the end 
     the following:

     ``SEC. 2729A. TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--A group health plan or health insurance 
     issuer offering group or individual health insurance coverage 
     shall have in place business practices with respect to in-
     network facilities and practitioners to ensure that claims 
     are adjudicated between the provider and the plan or issuer 
     in order to facilitate facility and practitioner compliance 
     with the requirements under section 2796(a).
       ``(b) Clarification.--Nothing in subsection (a) prohibits a 
     provider and a group health plan or health insurance issuer 
     from establishing in a contract the timeline for submission 
     by either party to the other party of billing information, 
     adjudication, sending of remittance information, or any other 
     coordination required between the provider and the plan or 
     issuer necessary for meeting the deadline described in 
     section 2796(a)(2).
       ``(c) Rules of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 to coverage determinations or claims 
     subject to the requirements of this section. Any timeline 
     established under subsection (b) shall be tolled during any 
     period during which a claim is subject to an appeal under 
     section 2719, provided that, in the case of such an appeal by 
     the provider, the patient is informed of such appeal. A group 
     health plan or health insurance issuer that knows or should 
     have known that denials of a claim would lead to 
     noncompliance by providers with section 2799B-10 may be found 
     to be in violation of this part.''.
       (2) ERISA.--Subpart B of part 7 of subtitle B of title I of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 716. TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--A group health plan (or health insurance 
     coverage offered in connection with such a plan) shall have 
     in place business practices with respect to in-network 
     facilities and practitioners to ensure that claims are 
     adjudicated between the provider and the plan or issuer in 
     order to facilitate facility and practitioner compliance with 
     the requirements under section 2796(a) of the Public Health 
     Service Act.
       ``(b) Clarification.--Nothing in subsection (a) prohibits a 
     provider and a group health plan (or health insurance 
     coverage offered in connection with such a plan) from 
     establishing in a contract the timeline for submission by 
     either party to the other party of billing information, 
     adjudication, sending of remittance information, or any other 
     coordination required between the provider and the plan or 
     issuer necessary for meeting the deadline described in 
     section 2796(a)(2) of the Public Health Service Act.
       ``(c) Rules of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 of the Public Health Service Act to 
     coverage determinations or claims subject to the requirements 
     of this section. Any timeline established under subsection 
     (b)

[[Page S4869]]

     shall be tolled during any period during which a claim is 
     subject to an appeal under section 2719 of the Public Health 
     Service Act, provided that, in the case of such an appeal by 
     the provider, the patient is informed of such appeal. A group 
     health plan or health insurance issuer that knows or should 
     have known that denials of a claim would lead to 
     noncompliance by providers with section 2796 of the Public 
     Health Service Act may be found to be in violation of this 
     subpart.''.
       (3) IRC.--Subchapter B of chapter 100 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

     ``SEC. 9816. TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--A group health plan shall have in place 
     business practices with respect to in-network facilities and 
     practitioners to ensure that claims are adjudicated between 
     the provider and the plan in order to facilitate facility and 
     practitioner compliance with the requirements under section 
     2796(a) of the Public Health Service Act.
       ``(b) Clarification.--Nothing in subsection (a) prohibits a 
     provider and a group health plan from establishing in a 
     contract the timeline for submission by either party to the 
     other party of billing information, adjudication, sending of 
     remittance information, or any other coordination required 
     between the provider and the plan necessary for meeting the 
     deadline described in section 2796(a)(2) of the Public Health 
     Service Act.
       ``(c) Rules of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 of the Public Health Service Act to 
     coverage determinations or claims subject to the requirements 
     of this section. Any timeline established under subsection 
     (b) shall be tolled during any period during which a claim is 
     subject to an appeal under section 2719 of the Public Health 
     Service Act, provided that, in the case of such an appeal by 
     the provider, the patient is informed of such appeal. A group 
     health plan that knows or should have known that denials of a 
     claim would lead to noncompliance by providers with section 
     2796 of the Public Health Service Act may be found to be in 
     violation of this chapter.''.
       (4) Clerical amendments.--
       (A) ERISA.--The table of contents in section 1 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), as amended by the previous sections, is 
     further amended by inserting after the item relating to 
     section 715 the following new item:

``716. Timely bills for patients.''.
       (B) IRC.--The table of sections for subchapter B of chapter 
     100 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``9816. Timely bills for patients.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply beginning 6 months after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2556. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TIMELY BILLS FOR PATIENTS.

       (a) In General.--
       (1) Amendment.--Part C of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-91 et seq.), is amended--
       (A) by redesignating the second section 2794 (42 U.S.C. 
     300gg-95) (relating to uniform fraud and abuse referral 
     format), as added by section 6603 of the Patient Protection 
     and Affordable Care Act (Public Law 111-148), as section 
     2795; and
       (B) by adding at the end the following:

     ``SEC. 2796. PROVIDER PROVISION OF TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--The Secretary shall require--
       ``(1) health care facilities, or in the case of 
     practitioners providing services outside of such a facility, 
     practitioners, to provide to a patient a list of services 
     rendered to such patient during the visit to such facility or 
     practitioner, and, in the case of a facility, the name of the 
     practitioner for each such service, upon discharge or end of 
     the visit or by postal or electronic communication as soon as 
     practicable and not later than 15 calendar days after 
     discharge or date of visit; and
       ``(2) subject to subsection (e), health care facilities and 
     practitioners to furnish all bills reflecting claims 
     adjudicated between the relevant provider and group health 
     plan or health insurance issuer offering group or individual 
     health insurance coverage, to the patient as soon as 
     practicable, but not later than 90 calendar days after 
     discharge or date of visit.
       ``(b) Adjudication of Bills.--For purposes of meeting the 
     requirements of subsection (a), in the case of services 
     provided to an individual covered by a group health plan or 
     group or individual health insurance coverage--
       ``(1) the health care facility, or in the case of a 
     practitioner providing services outside of such a facility, 
     the practitioner, shall submit to the applicable group health 
     plan or health insurance issuer the bill with respect to such 
     services not later than 30 calendar days after discharge or 
     date of visit of the individual;
       ``(2) a group health plan or health insurance issuer 
     receiving a bill as described in paragraph (1) shall, not 
     later than 30 calendar days after such bill is transmitted by 
     the facility or practitioner, complete adjudication of the 
     bill and send such adjudicated bill to the facility or 
     practitioner, as applicable under paragraph (1); and
       ``(3) the health care facility or practitioner, as 
     applicable under paragraph (1), shall, not later than 30 
     calendar days after transmission of the adjudicated bill as 
     described in paragraph (2), send such bill to the individual.
       ``(c) Payment After Billing.--No patient may be required to 
     pay a bill for health care services any earlier than 45 days 
     after the postmark date of a bill for such services.
       ``(d) Effect of Violation.--
       ``(1) Notification and refund requirements.--
       ``(A) Provider lists.--If a facility or practitioner fails 
     to provide a patient a list as required under subsection 
     (a)(1), such facility or practitioner shall report such 
     failure to the Secretary.
       ``(B) Billing.--If a facility or practitioner bills a 
     patient after the 60-calendar-day period described in 
     subsection (a)(2), such facility or practitioner shall--
       ``(i) report such bill to the Secretary; and
       ``(ii) refund the patient for the full amount paid in 
     response to such bill with interest, at a rate determined by 
     the Secretary.
       ``(2) Civil monetary penalties.--
       ``(A) In general.--The Secretary may impose civil monetary 
     penalties of up to $10,000 on any facility or practitioner as 
     follows:
       ``(i) In the case of a facility or practitioner that fails 
     to provide a list required under subsection (a)(1) 10 or more 
     times, such penalties may be imposed, with respect to each 
     such failure. Such penalties may be imposed, with respect to 
     each such failure, for each day, beginning on the date of the 
     tenth failure and ending on the day on which the facility or 
     practitioner provides the relevant list.
       ``(ii) In the case of a facility or practitioner that 
     submits 10 or more bills outside of the period described in 
     subsection (a)(2), such penalties may be imposed with respect 
     to each such bill, each day, beginning on the date on which 
     such facility or practitioner sends each such bill and ending 
     on the date such facility or practitioner withdraws such 
     bill.
       ``(iii) In the case of a facility or practitioner that 
     fails to report to the Secretary any failure to provide lists 
     as required under paragraph (1)(A), such penalties may be 
     imposed, each day, beginning on the date that is 60 calendar 
     days after the date of discharge or visit, as applicable, and 
     ending on the date of reporting.
       ``(iv) In the case of a facility or practitioner that fails 
     to send any bill as required under subsection (a)(2), such 
     penalties may be imposed, each day, beginning on the date 
     that is 60 calendar days after the date of discharge or 
     visit, as applicable, and ending on the date of sending such 
     bill.
       ``(v) In the case of a facility or practitioner that 
     requires a patient to pay a bill for health care services 
     earlier than 45 days after the postmark date of such bill, 
     such penalties may be imposed for each bill issued in 
     violation of subsection (b).
       ``(B) Procedure.--The provisions of section 1128A of the 
     Social Security Act, other than subsections (a) and (b) and 
     the first sentence of subsection (c)(1) of such section, 
     shall apply to civil money penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A of the Social Security Act.
       ``(3) Exemptions.--The Secretary may exempt a practitioner 
     or facility from the penalties under paragraph (2)(A) or 
     extend the period of time specified in subsection (a)(2) for 
     compliance with such subsection if a practitioner or 
     facility--
       ``(A) makes a good-faith attempt to send a bill within the 
     period of time specified in subsection (a)(2) but is unable 
     to do so because of an incorrect address; or
       ``(B) experiences extenuating circumstances (as defined by 
     the Secretary), such as a hurricane or cyberattack, that may 
     reasonably delay delivery of a timely bill.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 to coverage determinations or claims 
     subject to the requirements of this section. The periods 
     described in subsections (a)(2), (b), and (c) shall be tolled 
     during any period during which a claim is subject to an 
     appeal under section 2719, provided that, in the case of such 
     an appeal by the provider, the patient is informed of such 
     appeal.''.
       (2) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate final regulations to implement 
     section 2796 of the Public Health Service Act, as added by 
     paragraph (1). Such regulations shall include--
       (A) a definition of the term ``extenuating circumstance'' 
     for purposes of subsection (d)(3)(B) of such section 2796; 
     and
       (B) a definition of the term ``date of service'' for 
     purposes of subsection (b)(1), with respect to providers 
     submitting global packages for services provided on multiple 
     visits.
       (b) Group Health Plan and Health Insurance Issuer 
     Requirements.--

[[Page S4870]]

       (1) PHSA.--Part A of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg) is amended by adding at the end 
     the following:

     ``SEC. 2729A. TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--A group health plan or health insurance 
     issuer offering group or individual health insurance coverage 
     shall have in place business practices with respect to in-
     network facilities and practitioners to ensure that claims 
     are adjudicated between the provider and the plan or issuer 
     in order to facilitate facility and practitioner compliance 
     with the requirements under section 2796(a).
       ``(b) Clarification.--Nothing in subsection (a) prohibits a 
     provider and a group health plan or health insurance issuer 
     from establishing in a contract the timeline for submission 
     by either party to the other party of billing information, 
     adjudication, sending of remittance information, or any other 
     coordination required between the provider and the plan or 
     issuer necessary for meeting the deadline described in 
     section 2796(a)(2).
       ``(c) Rules of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 to coverage determinations or claims 
     subject to the requirements of this section. Any timeline 
     established under subsection (b) shall be tolled during any 
     period during which a claim is subject to an appeal under 
     section 2719, provided that, in the case of such an appeal by 
     the provider, the patient is informed of such appeal. A group 
     health plan or health insurance issuer that knows or should 
     have known that denials of a claim would lead to 
     noncompliance by providers with section 2799B-10 may be found 
     to be in violation of this part.''.
       (2) ERISA.--Subpart B of part 7 of subtitle B of title I of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 716. TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--A group health plan (or health insurance 
     coverage offered in connection with such a plan) shall have 
     in place business practices with respect to in-network 
     facilities and practitioners to ensure that claims are 
     adjudicated between the provider and the plan or issuer in 
     order to facilitate facility and practitioner compliance with 
     the requirements under section 2796(a) of the Public Health 
     Service Act.
       ``(b) Clarification.--Nothing in subsection (a) prohibits a 
     provider and a group health plan (or health insurance 
     coverage offered in connection with such a plan) from 
     establishing in a contract the timeline for submission by 
     either party to the other party of billing information, 
     adjudication, sending of remittance information, or any other 
     coordination required between the provider and the plan or 
     issuer necessary for meeting the deadline described in 
     section 2796(a)(2) of the Public Health Service Act.
       ``(c) Rules of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 of the Public Health Service Act to 
     coverage determinations or claims subject to the requirements 
     of this section. Any timeline established under subsection 
     (b) shall be tolled during any period during which a claim is 
     subject to an appeal under section 2719 of the Public Health 
     Service Act, provided that, in the case of such an appeal by 
     the provider, the patient is informed of such appeal. A group 
     health plan or health insurance issuer that knows or should 
     have known that denials of a claim would lead to 
     noncompliance by providers with section 2796 of the Public 
     Health Service Act may be found to be in violation of this 
     subpart.''.
       (3) IRC.--Subchapter B of chapter 100 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

     ``SEC. 9816. TIMELY BILLS FOR PATIENTS.

       ``(a) In General.--A group health plan shall have in place 
     business practices with respect to in-network facilities and 
     practitioners to ensure that claims are adjudicated between 
     the provider and the plan in order to facilitate facility and 
     practitioner compliance with the requirements under section 
     2796(a) of the Public Health Service Act.
       ``(b) Clarification.--Nothing in subsection (a) prohibits a 
     provider and a group health plan from establishing in a 
     contract the timeline for submission by either party to the 
     other party of billing information, adjudication, sending of 
     remittance information, or any other coordination required 
     between the provider and the plan necessary for meeting the 
     deadline described in section 2796(a)(2) of the Public Health 
     Service Act.
       ``(c) Rules of Construction.--Nothing in this section shall 
     be construed to limit applicability of the appeals process 
     under section 2719 of the Public Health Service Act to 
     coverage determinations or claims subject to the requirements 
     of this section. Any timeline established under subsection 
     (b) shall be tolled during any period during which a claim is 
     subject to an appeal under section 2719 of the Public Health 
     Service Act, provided that, in the case of such an appeal by 
     the provider, the patient is informed of such appeal. A group 
     health plan that knows or should have known that denials of a 
     claim would lead to noncompliance by providers with section 
     2796 of the Public Health Service Act may be found to be in 
     violation of this chapter.''.
       (4) Clerical amendments.--
       (A) ERISA.--The table of contents in section 1 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), as amended by the previous sections, is 
     further amended by inserting after the item relating to 
     section 715 the following new item:

``716. Timely bills for patients.''.
       (B) IRC.--The table of sections for subchapter B of chapter 
     100 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``9816. Timely bills for patients.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply beginning 6 months after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2557. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.

       (a) In General.--Section 801(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(a)) is amended--
       (1) in the fourth sentence, by inserting ``or counterfeit 
     device'' after ``counterfeit drug''; and
       (2) by striking ``The Secretary of the Treasury shall cause 
     the destruction of'' and all that follows through ``liable 
     for costs pursuant to subsection (c).'' and inserting the 
     following: ``The Secretary of the Treasury shall cause the 
     destruction of any such article refused admission unless such 
     article is exported, under regulations prescribed by the 
     Secretary of the Treasury, within 90 days of the date of 
     notice of such refusal or within such additional time as may 
     be permitted pursuant to such regulations, except that the 
     Secretary of Health and Human Services may destroy, without 
     the opportunity for export, any drug or device refused 
     admission under this section, if such drug or device is 
     valued at an amount that is $2,500 or less (or such higher 
     amount as the Secretary of the Treasury may set by regulation 
     pursuant to section 498(a)(1) of the Tariff Act of 1930 (19 
     U.S.C. 1498(a)(1))) and was not brought into compliance as 
     described under subsection (b). The Secretary of Health and 
     Human Services shall issue regulations providing for notice 
     and an opportunity to appear before the Secretary of Health 
     and Human Services and introduce testimony, as described in 
     the first sentence of this subsection, on destruction of a 
     drug or device under the seventh sentence of this subsection. 
     The regulations shall provide that prior to destruction, 
     appropriate due process is available to the owner or 
     consignee seeking to challenge the decision to destroy the 
     drug or device. Where the Secretary of Health and Human 
     Services provides notice and an opportunity to appear and 
     introduce testimony on the destruction of a drug or device, 
     the Secretary of Health and Human Services shall store and, 
     as applicable, dispose of the drug or device after the 
     issuance of the notice, except that the owner and consignee 
     shall remain liable for costs pursuant to subsection (c).''.
       (b) Definition.--Section 201(h) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(h)) is amended--
       (1) by redesignating subparagraphs (1), (2), and (3) as 
     clauses (A), (B), and (C), respectively; and
       (2) after making such redesignations--
       (A) by striking ``(h) The term'' and inserting ``(h)(1) The 
     term''; and
       (B) by adding at the end the following:
       ``(2) The term `counterfeit device' means a device which, 
     or the container, packaging, or labeling of which, without 
     authorization, bears a trademark, trade name, or other 
     identifying mark, imprint, or symbol, or any likeness 
     thereof, or is manufactured using a design, of a device 
     manufacturer, packer, or distributor other than the person or 
     persons who in fact manufactured, packed, or distributed such 
     device and which thereby falsely purports or is represented 
     to be the product of, or to have been packed or distributed 
     by, such other device manufacturer, packer, or distributor.
       ``(3) For purposes of subparagraph (2)--
       ``(A) the term `manufactured' refers to any of the 
     following activities: manufacture, preparation, propagation, 
     compounding, assembly, or processing; and
       ``(B) the term `manufacturer' means a person who is engaged 
     in any of the activities listed in clause (A).''.
                                 ______
                                 
  SA 2558. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.

       (a) In General.--Section 801(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(a)) is amended--
       (1) in the fourth sentence, by inserting ``or counterfeit 
     device'' after ``counterfeit drug''; and

[[Page S4871]]

       (2) by striking ``The Secretary of the Treasury shall cause 
     the destruction of'' and all that follows through ``liable 
     for costs pursuant to subsection (c).'' and inserting the 
     following: ``The Secretary of the Treasury shall cause the 
     destruction of any such article refused admission unless such 
     article is exported, under regulations prescribed by the 
     Secretary of the Treasury, within 90 days of the date of 
     notice of such refusal or within such additional time as may 
     be permitted pursuant to such regulations, except that the 
     Secretary of Health and Human Services may destroy, without 
     the opportunity for export, any drug or device refused 
     admission under this section, if such drug or device is 
     valued at an amount that is $2,500 or less (or such higher 
     amount as the Secretary of the Treasury may set by regulation 
     pursuant to section 498(a)(1) of the Tariff Act of 1930 (19 
     U.S.C. 1498(a)(1))) and was not brought into compliance as 
     described under subsection (b). The Secretary of Health and 
     Human Services shall issue regulations providing for notice 
     and an opportunity to appear before the Secretary of Health 
     and Human Services and introduce testimony, as described in 
     the first sentence of this subsection, on destruction of a 
     drug or device under the seventh sentence of this subsection. 
     The regulations shall provide that prior to destruction, 
     appropriate due process is available to the owner or 
     consignee seeking to challenge the decision to destroy the 
     drug or device. Where the Secretary of Health and Human 
     Services provides notice and an opportunity to appear and 
     introduce testimony on the destruction of a drug or device, 
     the Secretary of Health and Human Services shall store and, 
     as applicable, dispose of the drug or device after the 
     issuance of the notice, except that the owner and consignee 
     shall remain liable for costs pursuant to subsection (c).''.
       (b) Definition.--Section 201(h) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(h)) is amended--
       (1) by redesignating subparagraphs (1), (2), and (3) as 
     clauses (A), (B), and (C), respectively; and
       (2) after making such redesignations--
       (A) by striking ``(h) The term'' and inserting ``(h)(1) The 
     term''; and
       (B) by adding at the end the following:
       ``(2) The term `counterfeit device' means a device which, 
     or the container, packaging, or labeling of which, without 
     authorization, bears a trademark, trade name, or other 
     identifying mark, imprint, or symbol, or any likeness 
     thereof, or is manufactured using a design, of a device 
     manufacturer, packer, or distributor other than the person or 
     persons who in fact manufactured, packed, or distributed such 
     device and which thereby falsely purports or is represented 
     to be the product of, or to have been packed or distributed 
     by, such other device manufacturer, packer, or distributor.
       ``(3) For purposes of subparagraph (2)--
       ``(A) the term `manufactured' refers to any of the 
     following activities: manufacture, preparation, propagation, 
     compounding, assembly, or processing; and
       ``(B) the term `manufacturer' means a person who is engaged 
     in any of the activities listed in clause (A).''.
                                 ______
                                 
  SA 2559. Mr. ROMNEY (for himself, Ms. Collins, and Ms. McSally) 
submitted an amendment intended to be proposed to amendment SA 2499 
proposed by Mr. McConnell to the bill S. 178, to condemn gross human 
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for 
an end to arbitrary detention, torture, and harassment of these 
communities inside and outside China; which was ordered to lie on the 
table; as follows:

        Strike sections 1 and 2 and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Pandemic 
     Unemployment Compensation Extension Act of 2020''.

     SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC UNEMPLOYMENT 
                   COMPENSATION TO BETTER MATCH LOST WAGES.

       (a) Extension.--Section 2104(e)(2) of the Relief for 
     Workers Affected by Coronavirus Act (contained in subtitle A 
     of title II of division A of the CARES Act (Public Law 116-
     136)) is amended by striking ``July 31, 2020'' and inserting 
     ``December 31, 2020''.
       (b) Improvements to Accuracy of Payments.--
       (1) Federal pandemic unemployment compensation.--
       (A) In general.--Section 2104(b) of the Relief for Workers 
     Affected by Coronavirus Act (contained in subtitle A of title 
     II of division A of the CARES Act (Public Law 116-136)) is 
     amended--
       (i) in paragraph (1)(B), by striking ``of $600'' and 
     inserting ``equal to the amount specified in paragraph (3)''; 
     and
       (ii) by adding at the end the following new paragraph:
       ``(3) Amount of federal pandemic unemployment 
     compensation.--
       ``(A) In general.--The amount specified in this paragraph 
     is the following amount with respect to an individual:
       ``(i) For weeks of unemployment beginning after the date on 
     which an agreement is entered into under this section and 
     ending on or before July 31, 2020, $600.
       ``(ii) For weeks of unemployment beginning after the last 
     week under clause (i) and ending before August 31, 2020, an 
     amount equal to one of the following, as determined by the 
     State for all individuals:

       ``(I) $500.
       ``(II) $400

       ``(iii) For weeks of unemployment beginning after the last 
     week under clause (ii) and ending on or before September 28, 
     2020, $400.
       ``(iv) Subject to subparagraph (B), for weeks of 
     unemployment beginning after the last week under clause (iii) 
     and ending before December 31, 2020, an amount (not to exceed 
     $500) equal to one of the following, as determined by the 
     State for all individuals:

       ``(I) An amount equal to--

       ``(aa) 80 percent of the individual's average weekly wages; 
     minus
       ``(bb) the individual's base amount (determined prior to 
     any reductions or offsets).

       ``(II) If proposed by the State as an alternative to 
     subclause (I) and approved by the Secretary, an amount that 
     results in the sum of the base amount and the amount of 
     Federal Pandemic Unemployment Compensation under this section 
     being on average equal to 80 percent of lost wages.

       ``(B) Waiver to provide flat dollar amount.--If a State 
     determines that it is unable to calculate amounts under 
     either subclause (I) or (II) of subparagraph (A)(iv), the 
     State may apply to the Secretary for a waiver under which the 
     amount specified under subparagraph (A)(iv) shall be $300 
     rather than the amount calculated under such subclause (I) or 
     (II).
       ``(C) Base amount.--For purposes of this paragraph, the 
     term `base amount' means, with respect to an individual, an 
     amount equal to--
       ``(i) for weeks of unemployment under the pandemic 
     unemployment assistance program under section 2102, the 
     amount determined under subsection (d)(1)(A)(i) or (d)(2) of 
     such section 2102, as applicable; or
       ``(ii) for all other weeks of unemployment, the amount 
     determined under paragraph (1)(A) of this subsection.
       ``(D) Average weekly wages.--
       ``(i) In general.--Subject to clause (ii), for purposes of 
     this paragraph, the term `average weekly wages' means, with 
     respect to an individual, the following:

       ``(I) If the State computes the individual weekly 
     unemployment compensation benefit amount based on an 
     individual's average weekly wages in a base period, an amount 
     equal to the individual's average weekly wages used in such 
     computation.
       ``(II) If the State computes the individual weekly 
     unemployment compensation benefit amount based on high 
     quarter wages or a formula using wages across some but not 
     all quarters in a base period, an amount equal to \1/13\ of 
     such high quarter wages or average wages of the applicable 
     quarters used in the computation for the individual.
       ``(III) If the State uses computations other than the 
     computations under subclause (I) or (II) for the individual 
     weekly unemployment compensation benefit amount, or for 
     computations of the weekly benefit amount under the pandemic 
     unemployment assistance program under section 2102, as 
     described in subsection (d)(1)(A)(i) or (d)(2) of such 
     section 2102, for which subclause (I) or (II) do not apply, 
     an amount equal to \1/52\ of the sum of all base period 
     wages.

       ``(ii) Special rule.--If more than one of the methods of 
     computation under subclauses (I), (II), and (III) of clause 
     (i) are applicable to a State, then such term shall mean the 
     amount determined under the applicable subclause of clause 
     (i) that results in the highest amount of average weekly 
     wages.''.
       (B) Technical amendment regarding application to short-time 
     compensation programs and agreements.--Section 2104(i)(2) of 
     the Relief for Workers Affected by Coronavirus Act (contained 
     in subtitle A of title II of division A of the CARES Act 
     (Public Law 116-136)) is amended--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) short-time compensation under section 2108 or 
     2109.''.
       (2) Conforming amendments.--
       (A) Pandemic unemployment assistance.--Section 2102(d) of 
     the Relief for Workers Affected by Coronavirus Act (contained 
     in subtitle A of title II of division A of the CARES Act 
     (Public Law 116-136)) is amended by inserting ``with respect 
     to the individual'' after ``section 2104'' in each of 
     paragraphs (1)(A)(ii) and (2).
       (B) Pandemic emergency unemployment compensation.--Section 
     2107 of the Relief for Workers Affected by Coronavirus Act 
     (contained in subtitle A of title II of division A of the 
     CARES Act (Public Law 116-136)) is amended--
       (i) in subsection (a)(4)(A)(ii), by inserting ``with 
     respect to the individual'' after ``section 2104''; and
       (ii) in subsection (b)(2), by inserting ``with respect to 
     the individual'' after ``section 2104''.
       (c) Consistent Treatment of Earnings and Unemployment 
     Compensation.--Section 2104(h) of the Relief for Workers 
     Affected by Coronavirus Act (contained in subtitle A of title 
     II of division A of the CARES Act (Public Law 116-136)) is 
     amended by adding at the end the following new sentence: 
     ``The preceding sentence shall not apply to any Federal 
     Pandemic Unemployment Compensation paid to an individual with 
     respect to a week of unemployment ending on or after October 
     5, 2020.''.

[[Page S4872]]

       (d) Requirement for Return to Work Notification and 
     Reporting.--Section 2104(b) of the Relief for Workers 
     Affected by Coronavirus Act (contained in subtitle A of title 
     II of division A of the CARES Act (Public Law 116-136)) is 
     amended by adding at the end the following new paragraph:
       ``(3) Beginning 30 days after the date of enactment of this 
     paragraph, any agreement under this section shall require 
     that the State has in place a process to address refusal to 
     return to work or refusal of suitable work that includes the 
     following:
       ``(A) Providing a plain-language notice to individuals at 
     the time of applying for benefits regarding State law 
     provisions relating to each of the following:
       ``(i) Return to work requirements.
       ``(ii) Rights to refuse to return to work or to refuse 
     suitable work.
       ``(iii) How to contest the denial of a claim that has been 
     denied due to a claim by an employer that the individual 
     refused to return to work or refused suitable work.
       ``(B) Providing a plain-language notice to employers 
     through any system used by employers or any regular 
     correspondence sent to employers regarding how to notify the 
     State if an individual refuses to return to work.
       ``(C) Other items determined appropriate by the Secretary 
     of Labor.''.
       (e) Effective Date.--The amendments made by this section 
     (other than the amendment made by subsection (d)) shall take 
     effect as if included in the enactment of the Relief for 
     Workers Affected by Coronavirus Act (contained in subtitle A 
     of title II of division A of the CARES Act (Public Law 116-
     136)).

     SEC. 3. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided by this Act and the 
     amendments made by this Act 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 Act and the 
     amendments made by this Act are 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.
                                 ______
                                 
  SA 2560. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

     SEC. 3. FUNDING LIMITATIONS.

       (a) Prohibition.--None of the funds appropriated under this 
     Act or under the CARES Act (Public Law 116-136), as amended 
     by this Act, may be provided to an entity that is under the 
     foreign ownership, control, or influence of--
       (1) the Government of the People's Republic of China;
       (2) the Chinese Communist Party; or
       (3) an entity domiciled in the People's Republic of China.
       (b) Clawback.--The Secretary of the Treasury, in 
     consultation with the Secretary of State, shall recover all 
     of the amounts appropriated under this Act or under the CARES 
     Act that were provided to entities described in subsection 
     (a).
                                 ______
                                 
  SA 2561. Mrs. CAPITO submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. COVERAGE OF PRESCRIPTION DIGITAL THERAPEUTICS UNDER 
                   THE MEDICARE PROGRAM.

       (a) Coverage as Medical and Other Health Service.--Section 
     1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) 
     is amended--
       (1) in subparagraph (GG), by striking ``and'' at the end;
       (2) in subparagraph (HH), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(II) prescription digital therapeutics as defined in 
     subsection (kkk);''.
       (b) Prescription Digital Therapeutics Defined.--Section 
     1861 of the Social Security Act (42 U.S.C. 1395x) is amended 
     by adding at the end thereof the following new subsection:
       ``(kkk) Prescription Digital Therapeutics Defined.--
       ``(1) In general.--The term `prescription digital 
     therapeutic' means a product, device, internet application, 
     or other technology that--
       ``(A) is approved or cleared by the Food and Drug 
     Administration under a relevant authority (within the meaning 
     of paragraph (2));
       ``(B) has an approved indication for the prevention, 
     management, or treatment of a mental health or substance use 
     disorder, including opioid use disorder;
       ``(C) uses behavioral treatment or modification to achieve 
     its intended result; and
       ``(D) can only be dispensed pursuant to a prescription.
       ``(2) Relevant authority defined.--For purposes of 
     paragraph (1), the term `relevant authority' means the 
     following sections of the Federal Food, Drug, and Cosmetic 
     Act:
       ``(A) Section 510(k) of such Act (21 U.S.C. 360(k)).
       ``(B) Section 515 of such Act (21 U.S.C. 360e).''.
       (c) Payment for Prescription Digital Therapeutics.--Section 
     1834 of the Social Security Act (42 U.S.C. 1395m) is amended 
     by adding at the end the following new subsection:
       ``(x) Payment for Prescription Digital Therapeutics.--
       ``(1) Separate payment.--The Secretary shall make a payment 
     (separate from any payment that may otherwise be made under 
     this title for a related service) in the amount established 
     pursuant to paragraph (3) for a prescription digital 
     therapeutic (as defined in section 1861(kkk)) that is 
     furnished on or after January 1, 2021.
       ``(2) Payment recipient.--Payment under this subsection 
     shall be made to any provider of services or supplier 
     enrolled under this title that--
       ``(A) prescribes a prescription digital therapeutic (as 
     defined in such subsection);
       ``(B) uses such prescription digital therapeutic as an 
     integral part of a treatment for a related service; and
       ``(C) agrees to accept, as payment in full, after the 
     application of any deductible or coinsurance that may be 
     applied under this part, the amount established pursuant to 
     paragraph (3).
       ``(3) Establishment of payment amount.--
       ``(A) In general.--The Secretary shall establish a payment 
     methodology for a prescription digital therapeutic only in 
     accordance with the requirements of this paragraph.
       ``(B) Development of fee schedule.--Within 180 days of the 
     approval or clearance described in section 1861(kkk)(1)(A), 
     the Secretary shall develop a proposed fee schedule for each 
     prescription digital therapeutic so approved or cleared. In 
     developing such fee schedule, the Secretary may use the gap 
     filling process described on 84 Federal Register 60729 
     through 60742 and published on November 8, 2019.
       ``(C) Notice and comment required.--Upon the development of 
     the proposed fee schedule described in subparagraph (B), the 
     Secretary shall publish in the Federal Register such proposed 
     fee schedule. Section 1871 shall apply to any proposed fee 
     scheduled published pursuant to this subparagraph.
       ``(4) Rule of construction.--For purposes of paragraph (1), 
     a service is `related' to the use of a prescription digital 
     therapeutic if the service--
       ``(A) is an integral part of the use of the prescription 
     digital therapeutic;
       ``(B) is necessary to achieve the full intended result of 
     the prescription digital therapeutic; and
       ``(C) must, pursuant to the approval or clearance described 
     in section 1861(kkk)(1)(A), be adjunctive to the use of the 
     prescription digital therapeutic.''.
       (d) Rule of Construction; Effective Date.--
       (1) Rule of construction.--No provision of this section, or 
     the enactment of this section, shall be construed to imply 
     that, in the case of an item or service that meets the 
     definition of a prescription digital therapeutic under this 
     section for which coverage or payment under the Medicare 
     program is already available prior to the date of the 
     enactment of this Act may not be covered or reimbursed under 
     such program.
       (2) Effective date.--The amendments made by this section 
     shall apply to a prescription digital therapeutic dispensed 
     after December 31, 2020.

     SEC. __. COVERAGE OF PRESCRIPTION DIGITAL THERAPEUTICS UNDER 
                   THE MEDICAID PROGRAM.

       Section 1905(a) of the Social Security Act (42 U.S.C. 
     1396d(a)) is amended--
       (1) in paragraph (29), by striking ``; and'' and inserting 
     a semicolon;
       (2) by redesignating paragraph (30) as paragraph (31); and
       (3) by inserting the following paragraph after paragraph 
     (29):
       ``(30) prescription digital therapeutics (as defined in 
     section 1861(kkk)); and''.
                                 ______
                                 
  SA 2562. Mrs. CAPITO submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN.

       (a) In General.--Section 1833(t) of the Social Security Act 
     (42 U.S.C. 1395l(t)) is amended--

[[Page S4873]]

       (1) in paragraph (2)(E), by inserting ``and separate 
     payments for non-opioid treatments under paragraph (16)(G),'' 
     after ``payments under paragraph (6)''; and
       (2) in paragraph (16), by adding at the end the following 
     new subparagraph:
       ``(G) Access to non-opioid treatments for pain.--
       ``(i) In general.--Notwithstanding any other provision of 
     this subsection, with respect to a covered OPD service (or 
     group of services) furnished on or after January 1, 2020, and 
     before January 1, 2025, the Secretary shall not package, and 
     shall make a separate payment as specified in clause (ii) 
     for, a non-opioid treatment (as defined in clause (iii)) 
     furnished as part of such service (or group of services).
       ``(ii) Amount of payment.--The amount of the payment 
     specified in this clause is, with respect to a non-opioid 
     treatment that is--

       ``(I) a drug or biological product, the amount of payment 
     for such drug or biological determined under section 1847A; 
     or
       ``(II) a medical device, the amount of the hospital's 
     charges for the device, adjusted to cost.

       ``(iii) Definition of non-opioid treatment.--A `non-opioid 
     treatment' means--

       ``(I) a drug or biological product that is indicated to 
     produce analgesia without acting upon the body's opioid 
     receptors; or
       ``(II) an implantable, reusable, or disposable medical 
     device cleared or approved by the Administrator for Food and 
     Drugs for the intended use of managing or treating pain;

     that has demonstrated the ability to replace or reduce opioid 
     consumption in a clinical trial or through clinical data 
     published in a peer-reviewed journal.''.
       (b) Ambulatory Surgical Center Payment System.--Section 
     1833(i)(2)(D) of the Social Security Act (42 U.S.C. 
     1395l(i)(2)(D)) is amended--
       (1) by aligning the margins of clause (v) with the margins 
     of clause (iv);
       (2) by redesignating clause (vi) as clause (vii); and
       (3) by inserting after clause (v) the following new clause:
       ``(vi) In the case of surgical services furnished on or 
     after January 1, 2020, and before January 1, 2025, the 
     payment system described in clause (i) shall provide for a 
     separate payment for a non-opioid treatment (as defined in 
     clause (iii) of subsection (t)(16)(G)) furnished as part of 
     such services in the amount specified in clause (ii) of such 
     subsection.''.
       (c) Evaluation of Therapeutic Services for Pain 
     Management.--
       (1) Report to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services (in this subsection referred to as the 
     ``Secretary''), acting through the Administrator of the 
     Centers for Medicare & Medicaid Services, shall submit to 
     Congress a report identifying--
       (A) limitations, gaps, barriers to access, or deficits in 
     Medicare coverage or reimbursement for restorative therapies, 
     behavioral approaches, and complementary and integrative 
     health services that are identified in the Pain Management 
     Best Practices Inter-Agency Task Force Report and that have 
     demonstrated the ability to replace or reduce opioid 
     consumption; and
       (B) recommendations to address the limitations, gaps, 
     barriers to access, or deficits identified under subparagraph 
     (A) to improve Medicare coverage and reimbursement for such 
     therapies, approaches, and services.
       (2) Public consultation.--In developing the report 
     described in paragraph (1), the Secretary shall consult with 
     relevant stakeholders as determined appropriate by the 
     Secretary.
       (3) Exclusive treatment.--Any drug, biological product, or 
     medical device that is a non-opioid treatment (as defined in 
     section 1833(t)(16)(G)(iii) of the Social Security Act, as 
     added by subsection (a)) shall not be considered a 
     therapeutic service for the purpose of the report described 
     in paragraph (1).
                                 ______
                                 
  SA 2563. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

     SEC. 3. AUTHORITY TO EXTEND MEDICARE TELEHEALTH WAIVERS.

       (a) Authority.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Authority to extend telehealth waivers and 
     policies.--
       ``(A) Authority.--Notwithstanding the preceding provisions 
     of this subsection and section 1135, subject to subparagraph 
     (B), if the emergency period under section 1135(g)(1)(B) 
     expires prior to December 31, 2021, the authority provided 
     the Secretary under section 1135(b)(8) to waive or modify 
     requirements with respect to a telehealth service, and 
     modifications of policies with respect to telehealth services 
     made by interim final rule applicable to such period, shall 
     be extended through December 31, 2021.
       ``(B) No requirement to extend.-- Nothing in subparagraph 
     (A) shall require the Secretary to extend any specific waiver 
     or modification or modifications of policies that the 
     Secretary does not find appropriate for extension.
       ``(C) Implementation.--Notwithstanding any provision of 
     law, the provisions of this paragraph may be implemented by 
     interim final rule, program instructions or otherwise.''.
       (b) MedPAC Evaluation and Report.--
       (1) Study.--
       (A) In general.--The Medicare Payment Advisory Commission 
     (in this subsection referred to as the ``Commission'') shall 
     conduct an evaluation of--
       (i) the expansions of telehealth services under part B of 
     title XVII of the Social Security Act related to the COVID-19 
     public health emergency described in section 1135(g)(1)(B) of 
     such Act (42 U.S.C. 1320b-5(g)(1)(B)); and
       (ii) the appropriate treatment of such expansions after the 
     expiration of such public health emergency.
       (B) Analysis.--The evaluation under subparagraph (A) shall 
     include an analysis of each the following:
       (i) Which, if any, of such expansions should be continued 
     after the expiration of the such public health emergency,
       (ii) Whether any such continued expansions should be 
     limited to, or differentially applied to, clinicians 
     participating in certain value-based payment models.
       (iii) How Medicare should pay for telehealth services after 
     the expiration of such public health emergency, and the 
     implications of payment approaches on aggregate Medicare 
     program spending,
       (iv) Medicare program integrity and beneficiary safeguards 
     that may be warranted with the coverage of telehealth 
     services.
       (v) The implications of expanded Medicare coverage of 
     telehealth services for beneficiary access to care and the 
     quality of care provided via telehealth.
       (vi) Other areas determined appropriate by the Commission.
       (2) Report.--Not later than June 15, 2021, the Commission 
     shall submit to Congress a report containing the results of 
     the evaluation conducted under paragraph (1), together with 
     recommendations for such legislation and administrative 
     action as the Commission determines appropriate.
       (c) HHS Provision of Information and Study and Report.--
       (1) Pre-covid-19 public health emergency telehealth 
     authority.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') shall make available on the internet website 
     of the Centers for Medicare & Medicaid Services information 
     describing the requirements applicable to telehealth services 
     and other virtual services under the original Medicare fee-
     for-service program under parts A and B of title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) and the Medicare 
     Advantage program under part C of such title prior to the 
     waiver or modification of such requirements 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)), as 
     established by statute, regulation, and sub-regulatory 
     guidance under such title.
       (2) Study and report.--
       (A) Study.--The Secretary shall conduct a study on the 
     impact of telehealth and other virtual services furnished 
     under the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.) during the emergency 
     period described in section 1135(g)(1)(B) of such Act (42 
     U.S.C. 1320b-5(g)(1)(B)). In conducting such study, the 
     Secretary shall--
       (i) assess the impact of such services on access to care, 
     health outcomes, and spending by type of physician, 
     practitioner, or other entity, and by patient demographics 
     and other characteristics that include--

       (I) age, gender, race, and type of eligibility for the 
     Medicare program;
       (II) dual eligibility for both the Medicare program and the 
     Medicaid program under title XIX of such Act (42 U.S.C. 1396 
     et seq.);
       (III) residing in an area of low-population density or a 
     health professional shortage area (as defined in section 
     332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)(A))) ;
       (IV) diagnoses, such as a diagnosis of COVID-19, a chronic 
     condition, or a mental health disorder or substance use 
     disorder;
       (V) telecommunication modality used, including extent to 
     which the services are furnished using audio-only technology;
       (VI) residing in a State other than the State in which the 
     furnishing physician, practitioner, or other entity is 
     located; and
       (VII) other characteristics and information determined 
     appropriate by the Secretary; and

       (ii) to the extent feasible, assess such impact based on--

       (I) the type of technology used to furnish the service;
       (II) the extent to which patient privacy is protected;
       (III) the extent to which documented or suspected fraud or 
     abuse occurred; and
       (IV) patient satisfaction.

       (B) Use of information.--The Secretary may use reliable 
     non-governmental sources of information in assessing the 
     impact of characteristics described in subparagraph (A) under 
     the study.
       (C) Report.--

[[Page S4874]]

       (i) Interim provision of information.--The Secretary shall, 
     as determined appropriate, periodically during such emergency 
     period, post on the internet website of the Centers for 
     Medicare & Medicaid services data on utilization of 
     telehealth and other virtual services under the Medicare 
     program and the impact of characteristics described in 
     subparagraph (A) on such utilization.
       (ii) Report.--Not later than 15 months after date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study conducted under subparagraph (A), 
     together with recommendations for such legislation and 
     administrative action as the Secretary determines 
     appropriate.
                                 ______
                                 
  SA 2564. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PAYCHECK PROTECTION PROGRAM.

       Section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 
     636(a)(36)(D)) is amended by striking clause (i) and 
     inserting the following:
       ``(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--

       ``(I) employs not more than the greater of--

       ``(aa) 500 employees; or
       ``(bb) 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; 
     or

       ``(II) is as described in clauses (i) and (ii) of section 
     3(a)(5)(B).''.

                                 ______
                                 
  SA 2565. Mr. CORNYN (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                         TITLE II--SAFE TO WORK

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Safeguarding America's 
     Frontline Employees To Offer Work Opportunities Required to 
     Kickstart the Economy Act'' or the ``SAFE TO WORK Act''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The SARS-CoV-2 virus that originated in China and 
     causes the disease COVID-19 has caused untold misery and 
     devastation throughout the world, including in the United 
     States.
       (2) For months, frontline health care workers and health 
     care facilities have fought the virus with courage and 
     resolve. They did so at first with very little information 
     about how to treat the virus and developed strategies to save 
     lives of the people of the United States in real time. They 
     risked their personal health and wellbeing to protect and 
     treat their patients.
       (3) Businesses in the United States kicked into action to 
     produce and procure personal protective equipment, such as 
     masks, gloves, face shields, and hand sanitizer, and other 
     necessary medical supplies, such as ventilators, at 
     unprecedented rates.
       (4) To halt the spread of the disease, State and local 
     governments took drastic measures. They shut down small and 
     large businesses, schools, colleges and universities, 
     religious, philanthropic and other nonprofit institutions, 
     and local government agencies. They ordered people to remain 
     in their homes.
       (5) This standstill was needed to slow the spread of the 
     virus. But it devastated the economy of the United States. 
     The sum of hundreds of local-level and State-level decisions 
     to close nearly every space in which people might gather 
     brought interstate commerce nearly to a halt.
       (6) This halt led to the loss of millions of jobs. These 
     lost jobs were not a natural consequence of the economic 
     environment, but rather the result of a drastic, though 
     temporary, response to the unprecedented nature of this 
     global pandemic.
       (7) Congress passed a series of statutes to address the 
     health care and economic crises--the Coronavirus Preparedness 
     and Response Supplemental Appropriations Act, 2020 (Public 
     Law 116-123; 134 Stat. 146), the Families First Coronavirus 
     Response Act (Public Law 116-127; 134 Stat. 178), the 
     Coronavirus Aid, Relief, and Economic Security Act or the 
     CARES Act (Public Law 116-136), and the Paycheck Protection 
     Program and Health Care Enhancement Act (Public Law 116-139; 
     134 Stat. 620). In these laws Congress exercised its power 
     under the Commerce and Spending Clauses of the Constitution 
     of the United States to direct trillions of taxpayer dollars 
     toward efforts to aid workers, businesses, State and local 
     governments, health care workers, and patients.
       (8) This legislation provided short-term insulation from 
     the worst of the economic storm, but these laws alone cannot 
     protect the United States from further devastation. Only 
     reopening the economy so that workers can get back to work 
     and students can get back to school can accomplish that goal.
       (9) The Constitution of the United States specifically 
     enumerates the legislative powers of Congress. One of those 
     powers is the regulation of interstate commerce. The 
     Government is not a substitute for the economy, but it has 
     the authority and the duty to act when interstate commerce is 
     threatened and damaged. As applied to the present crisis, 
     Congress can deploy its power over interstate commerce to 
     promote a prudent reopening of businesses and other 
     organizations that serve as the foundation and backbone of 
     the national economy and of commerce among the States. These 
     include small and large businesses, schools (which are 
     substantial employers in their own right and provide 
     necessary services to enable parents and other caregivers to 
     return to work), colleges and universities (which are 
     substantial employers and supply the interstate market for 
     higher-education services), religious, philanthropic and 
     other nonprofit institutions (which are substantial employers 
     and provide necessary services to their communities), and 
     local government agencies.
       (10) Congress must also ensure that the Nation's health 
     care workers and health care facilities are able to act fully 
     to defeat the virus.
       (11) Congress must also safeguard its investment of 
     taxpayer dollars under the CARES Act and other coronavirus 
     legislation. Congress must ensure that those funds are used 
     to help businesses and workers survive and recover from the 
     economic crisis, and to help health care workers and health 
     care facilities defeat the virus. CARES Act funds cannot be 
     diverted from these important purposes to line the pockets of 
     the trial bar.
       (12) One of the chief impediments to the continued flow of 
     interstate commerce as this public-health crisis has unfolded 
     is the risk of litigation. Small and large businesses, 
     schools, colleges and universities, religious, philanthropic 
     and other nonprofit institutions, and local government 
     agencies confront the risk of a tidal wave of lawsuits 
     accusing them of exposing employees, customers, students, and 
     worshipers to coronavirus. Health care workers face the 
     threat of lawsuits arising from their efforts to fight the 
     virus.
       (13) They confront this litigation risk even as they work 
     tirelessly to comply with the coronavirus guidance, rules, 
     and regulations issued by local governments, State 
     governments, and the Federal Government. They confront this 
     risk notwithstanding equipment and staffing shortages. And 
     they confront this risk while also grappling with constantly 
     changing information on how best to protect employees, 
     customers, students, and worshipers from the virus, and how 
     best to treat it.
       (14) These lawsuits pose a substantial risk to interstate 
     commerce because they threaten to keep small and large 
     businesses, schools, colleges and universities, religious, 
     philanthropic and other nonprofit institutions, and local 
     government agencies from reopening for fear of expensive 
     litigation that might prove to be meritless. These lawsuits 
     further threaten to undermine the Nation's fight against the 
     virus by exposing our health care workers and health care 
     facilities to liability for difficult medical decisions they 
     have made under trying and uncertain circumstances.
       (15) These lawsuits also risk diverting taxpayer money 
     provided under the CARES Act and other coronavirus 
     legislation from its intended purposes to the pockets of 
     opportunistic trial lawyers.
       (16) This risk is not purely local. It is necessarily 
     national in scale. A patchwork of local and State rules 
     governing liability in coronavirus-related lawsuits creates 
     tremendous unpredictability for everyone participating in 
     interstate commerce and acts as a significant drag on 
     national recovery. The aggregation of each individual 
     potential liability risk poses a substantial and 
     unprecedented threat to interstate commerce.
       (17) The accumulated economic risks for these potential 
     defendants directly and substantially affects interstate 
     commerce. Individuals and entities potentially subject to 
     coronavirus-related liability will structure their 
     decisionmaking to avoid that liability. Small and large 
     businesses, schools, colleges and universities, religious, 
     philanthropic and other nonprofit institutions, and local 
     government agencies may decline to reopen because of the risk 
     of litigation. They may limit their output or engagement with 
     customers and communities to avoid the risk of litigation. 
     These individual economic decisions substantially affect 
     interstate commerce because, as a whole, they will prevent 
     the free and fair exchange of goods and services across State 
     lines. Such economic activity that, individually and in the 
     aggregate, substantially affects interstate commerce is

[[Page S4875]]

     precisely the sort of conduct that should be subject to 
     congressional regulation.
       (18) Lawsuits against health care workers and facilities 
     pose a similarly dangerous risk to interstate commerce. 
     Interstate commerce will not truly rebound from this crisis 
     until the virus is defeated, and that will not happen unless 
     health care workers and facilities are free to combat 
     vigorously the virus and treat patients with coronavirus and 
     those otherwise impacted by the response to coronavirus.
       (19) Subjecting health care workers and facilities to 
     onerous litigation even as they have done their level best to 
     combat a virus about which very little was known when it 
     arrived in the United States would divert important health 
     care resources from hospitals and providers to courtrooms.
       (20) Such a diversion would substantially affect interstate 
     commerce by degrading the national capacity for combating the 
     virus and saving patients, thereby substantially elongating 
     the period before interstate commerce could fully re-engage.
       (21) Congress also has the authority to determine the 
     jurisdiction of the courts of the United States, to set the 
     standards for causes of action they can hear, and to 
     establish the rules by which those causes of action should 
     proceed. Congress therefore must act to set rules governing 
     liability in coronavirus-related lawsuits.
       (22) These rules necessarily must be temporary and 
     carefully tailored to the interstate crisis caused by the 
     coronavirus pandemic. They must extend no further than 
     necessary to meet this uniquely national crisis for which a 
     patchwork of State and local tort laws are ill-suited.
       (23) Because of the national scope of the economic and 
     health care dangers posed by the risks of coronavirus-related 
     lawsuits, establishing temporary rules governing liability 
     for certain coronavirus-related tort claims is a necessary 
     and proper means of carrying into execution Congress's power 
     to regulate commerce among the several States.
       (24) Because Congress must safeguard the investment of 
     taxpayer dollars it made in the CARES Act and other 
     coronavirus legislation, and ensure that they are used for 
     their intended purposes and not diverted for other purposes, 
     establishing temporary rules governing liability for certain 
     coronavirus-related tort claims is a necessary and proper 
     means of carrying into execution Congress's power to provide 
     for the general welfare of the United States.
       (b) Purposes.--Pursuant to the powers delegated to Congress 
     by article I, section 8, clauses 1, 3, 9, and 18, and article 
     III, section 2, clause 1 of the Constitution of the United 
     States, the purposes of this title are to--
       (1) establish necessary and consistent standards for 
     litigating certain claims specific to the unique coronavirus 
     pandemic;
       (2) prevent the overburdening of the court systems with 
     undue litigation;
       (3) encourage planning, care, and appropriate risk 
     management by small and large businesses, schools, colleges 
     and universities, religious, philanthropic and other 
     nonprofit institutions, local government agencies, and health 
     care providers;
       (4) ensure that the Nation's recovery from the coronavirus 
     economic crisis is not burdened or slowed by the substantial 
     risk of litigation;
       (5) prevent litigation brought to extract settlements and 
     enrich trial lawyers rather than vindicate meritorious 
     claims;
       (6) protect interstate commerce from the burdens of 
     potentially meritless litigation;
       (7) ensure the economic recovery proceeds without 
     artificial and unnecessary delay;
       (8) protect the interests of the taxpayers by ensuring that 
     emergency taxpayer support continues to aid businesses, 
     workers, and health care providers rather than enrich trial 
     lawyers; and
       (9) protect the highest and best ideals of the national 
     economy, so businesses can produce and serve their customers, 
     workers can work, teachers can teach, students can learn, and 
     believers can worship.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Applicable government standards and guidance.--The term 
     ``applicable government standards and guidance'' means--
       (A) any mandatory standards or regulations specifically 
     concerning the prevention or mitigation of the transmission 
     of coronavirus issued by the Federal Government, or a State 
     or local government with jurisdiction over an individual or 
     entity, whether provided by executive, judicial, or 
     legislative order; and
       (B) with respect to an individual or entity that, at the 
     time of the actual, alleged, feared, or potential for 
     exposure to coronavirus is not subject to any mandatory 
     standards or regulations described in subparagraph (A), any 
     guidance, standards, or regulations specifically concerning 
     the prevention or mitigation of the transmission of 
     coronavirus issued by the Federal Government, or a State or 
     local government with jurisdiction over the individual or 
     entity.
       (2) Businesses, services, activities, or accommodations.--
     The term ``businesses, services, activities, or 
     accommodations'' means any act by an individual or entity, 
     irrespective of whether the act is carried on for profit, 
     that is interstate or foreign commerce, that involves persons 
     or things in interstate or foreign commerce, that involves 
     the channels or instrumentalities of interstate or foreign 
     commerce, that substantially affects interstate or foreign 
     commerce, or that is otherwise an act subject to regulation 
     by Congress as necessary and proper to carry into execution 
     Congress's powers to regulate interstate or foreign commerce 
     or to spend funds for the general welfare.
       (3) Coronavirus.--The term ``coronavirus'' means any 
     disease, health condition, or threat of harm caused by the 
     SARS-CoV-2 virus or a virus mutating therefrom.
       (4) Coronavirus exposure action.--
       (A) In general.--The term ``coronavirus exposure action'' 
     means a civil action--
       (i) brought by a person who suffered personal injury or is 
     at risk of suffering personal injury, or a representative of 
     a person who suffered personal injury or is at risk of 
     suffering personal injury;
       (ii) brought against an individual or entity engaged in 
     businesses, services, activities, or accommodations; and
       (iii) alleging that an actual, alleged, feared, or 
     potential for exposure to coronavirus caused the personal 
     injury or risk of personal injury, that--

       (I) occurred in the course of the businesses, services, 
     activities, or accommodations of the individual or entity; 
     and
       (II) occurred--

       (aa) on or after December 1, 2019; and
       (bb) before the later of--
       (AA) October 1, 2024; or
       (BB) the date on which there is no declaration by the 
     Secretary of Health and Human Services under section 319F-
     3(b) of the Public Health Service Act (42 U.S.C. 247d-6d(b)) 
     (relating to medical countermeasures) that is in effect with 
     respect to coronavirus, including the Declaration Under the 
     Public Readiness and Emergency Preparedness Act for Medical 
     Countermeasures Against COVID-19 (85 Fed. Reg. 15198 ) issued 
     by the Secretary of Health and Human Services on March 17, 
     2020.
       (B) Exclusions.--The term ``coronavirus exposure action'' 
     does not include--
       (i) a criminal, civil, or administrative enforcement action 
     brought by the Federal Government or any State, local, or 
     Tribal government; or
       (ii) a claim alleging intentional discrimination on the 
     basis of race, color, national origin, religion, sex 
     (including pregnancy), disability, genetic information, or 
     age.
       (5) Coronavirus-related action.--The term ``coronavirus-
     related action'' means a coronavirus exposure action or a 
     coronavirus-related medical liability action.
       (6) Coronavirus-related health care services.--The term 
     ``coronavirus-related health care services'' means services 
     provided by a health care provider, regardless of the 
     location where the services are provided, that relate to--
       (A) the diagnosis, prevention, or treatment of coronavirus;
       (B) the assessment or care of an individual with a 
     confirmed or suspected case of coronavirus; or
       (C) the care of any individual who is admitted to, presents 
     to, receives services from, or resides at, a health care 
     provider for any purpose during the period of a Federal 
     emergency declaration concerning coronavirus, if such 
     provider's decisions or activities with respect to such 
     individual are impacted as a result of coronavirus.
       (7) Coronavirus-related medical liability action.--
       (A) In general.--The term ``coronavirus-related medical 
     liability action'' means a civil action--
       (i) brought by a person who suffered personal injury, or a 
     representative of a person who suffered personal injury;
       (ii) brought against a health care provider; and
       (iii) alleging any harm, damage, breach, or tort resulting 
     in the personal injury alleged to have been caused by, be 
     arising out of, or be related to a health care provider's act 
     or omission in the course of arranging for or providing 
     coronavirus-related health care services that occurred--

       (I) on or after December 1, 2019; and
       (II) before the later of--

       (aa) October 1, 2024; or
       (bb) the date on which there is no declaration by the 
     Secretary of Health and Human Services under section 319F-
     3(b) of the Public Health Service Act (42 U.S.C. 247d-6d(b)) 
     (relating to covered countermeasures) that is in effect with 
     respect to coronavirus, including the Declaration Under the 
     Public Readiness and Emergency Preparedness Act for Medical 
     Countermeasures Against COVID-19 (85 Fed. Reg. 15198 ) issued 
     by the Secretary of Health and Human Services on March 17, 
     2020.
       (B) Exclusions.--The term ``coronavirus-related medical 
     liability action'' does not include--
       (i) a criminal, civil, or administrative enforcement action 
     brought by the Federal Government or any State, local, or 
     Tribal government; or
       (ii) a claim alleging intentional discrimination on the 
     basis of race, color, national origin, religion, sex 
     (including pregnancy), disability, genetic information, or 
     age.
       (8) Employer.--The term ``employer''--
       (A) means any person serving as an employer or acting 
     directly in the interest of an employer in relation to an 
     employee;
       (B) includes a public agency; and
       (C) does not include any labor organization (other than 
     when acting as an employer) or any person acting in the 
     capacity of officer or agent of such labor organization.

[[Page S4876]]

       (9) Government.--The term ``government'' means an agency, 
     instrumentality, or other entity of the Federal Government, a 
     State government (including multijurisdictional agencies, 
     instrumentalities, and entities), a local government, or a 
     Tribal government.
       (10) Gross negligence.--The term ``gross negligence'' means 
     a conscious, voluntary act or omission in reckless disregard 
     of--
       (A) a legal duty;
       (B) the consequences to another party; and
       (C) applicable government standards and guidance.
       (11) Harm.--The term ``harm'' includes--
       (A) physical and nonphysical contact that results in 
     personal injury to an individual; and
       (B) economic and noneconomic losses.
       (12) Health care provider.--
       (A) In general.--The term ``health care provider'' means 
     any person, including an agent, volunteer (subject to 
     subparagraph (C)), contractor, employee, or other entity, who 
     is--
       (i) required by Federal or State law to be licensed, 
     registered, or certified to provide health care and is so 
     licensed, registered, or certified (or is exempt from any 
     such requirement);
       (ii) otherwise authorized by Federal or State law to 
     provide care (including services and supports furnished in a 
     home or community-based residential setting under the State 
     Medicaid program or a waiver of that program); or
       (iii) considered under applicable Federal or State law to 
     be a health care provider, health care professional, health 
     care institution, or health care facility.
       (B) Inclusion of administrators, supervisors, etc.--The 
     term ``health care provider'' includes a health care facility 
     administrator, executive, supervisor, board member or 
     trustee, or another individual responsible for directing, 
     supervising, or monitoring the provision of coronavirus-
     related health care services in a comparable role.
       (C) Inclusion of volunteers.--The term ``health care 
     provider'' includes volunteers that meet the following 
     criteria:
       (i) The volunteer is a health care professional providing 
     coronavirus-related health care services.
       (ii) The act or omission by the volunteer occurs--

       (I) in the course of providing health care services;
       (II) in the health care professional's capacity as a 
     volunteer;
       (III) in the course of providing health care services 
     that--

       (aa) are within the scope of the license, registration, or 
     certification of the volunteer, as defined by the State of 
     licensure, registration, or certification; and
       (bb) 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

       (IV) in a good-faith belief that the individual being 
     treated is in need of health care services.

       (13) Individual or entity.--The term ``individual or 
     entity'' means--
       (A) any natural person, corporation, company, trade, 
     business, firm, partnership, joint stock company, educational 
     institution, labor organization, or similar organization or 
     group of organizations;
       (B) any nonprofit organization, foundation, society, or 
     association organized for religious, charitable, educational, 
     or other purposes; or
       (C) any State, Tribal, or local government.
       (14) Local government.--The term ``local government'' means 
     any unit of government within a State, including a--
       (A) county;
       (B) borough;
       (C) municipality;
       (D) city;
       (E) town;
       (F) township;
       (G) parish;
       (H) local public authority, including any public housing 
     agency under the United States Housing Act of 1937 (42 U.S.C. 
     1437 et seq.);
       (I) special district;
       (J) school district;
       (K) intrastate district;
       (L) council of governments, whether or not incorporated as 
     a nonprofit corporation under State law; and
       (M) agency or instrumentality of--
       (i) multiple units of local government (including units of 
     local government located in different States); or
       (ii) an intra-State unit of local government.
       (15) Mandatory.--The term ``mandatory'', with respect to 
     standards or regulations, means the standards or regulations 
     are themselves enforceable by the issuing government through 
     criminal, civil, or administrative action.
       (16) Personal injury.--The term ``personal injury''--
       (A) means actual or potential physical injury to an 
     individual or death caused by a physical injury; and
       (B) includes mental suffering, emotional distress, or 
     similar injuries suffered by an individual in connection with 
     a physical injury.
       (17) State.--The term ``State''--
       (A) means any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Northern 
     Mariana Islands, the United States Virgin Islands, Guam, 
     American Samoa, and any other territory or possession of the 
     United States, and any political subdivision or 
     instrumentality thereof; and
       (B) includes any agency or instrumentality of 2 or more of 
     the entities described in subparagraph (A).
       (18) Tribal government.--
       (A) In general.--The term ``Tribal government'' means the 
     recognized governing body of any Indian tribe included on the 
     list published by the Secretary of the Interior pursuant to 
     section 104(a) of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131(a)).
       (B) Inclusion.--The term ``Tribal government'' includes any 
     subdivision (regardless of the laws and regulations of the 
     jurisdiction in which the subdivision is organized or 
     incorporated) of a governing body described in subparagraph 
     (A) that--
       (i) is wholly owned by that governing body; and
       (ii) has been delegated the right to exercise 1 or more 
     substantial governmental functions of the governing body.
       (19) Willful misconduct.--The term ``willful misconduct'' 
     means an act or omission that is taken--
       (A) intentionally to achieve a wrongful purpose;
       (B) knowingly without legal or factual justification; and
       (C) in disregard of a known or obvious risk that is so 
     great as to make it highly probable that the harm will 
     outweigh the benefit.

                      Subtitle A--Liability Relief

 PART I--LIABILITY LIMITATIONS FOR INDIVIDUALS AND ENTITIES ENGAGED IN 
          BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS

     SEC. 211. APPLICATION OF PART.

       (a) Cause of Action; Tribal Sovereign Immunity.--
       (1) Cause of action.--
       (A) In general.--This part creates an exclusive cause of 
     action for coronavirus exposure actions.
       (B) Liability.--A plaintiff may prevail in a coronavirus 
     exposure action only in accordance with the requirements of 
     this subtitle.
       (C) Application.--The provisions of this part shall apply 
     to--
       (i) any cause of action that is a coronavirus exposure 
     action that was filed before the date of enactment of this 
     Act and that is pending on such date of enactment; and
       (ii) any coronavirus exposure action filed on or after such 
     date of enactment.
       (2) Preservation of liability limits and defenses.--Except 
     as otherwise explicitly provided in this part, nothing in 
     this part expands any liability otherwise imposed or limits 
     any defense otherwise available under Federal, State, or 
     Tribal law.
       (3) Immunity.--Nothing in this part abrogates the immunity 
     of any State, or waives the immunity of any Tribal 
     government. The limitations on liability provided under this 
     part shall control in any action properly filed against a 
     State or Tribal government pursuant to a duly executed waiver 
     by the State or Tribe of sovereign immunity and stating 
     claims within the scope of this part.
       (b) Preemption and Supersedure.--
       (1) In general.--Except as described in paragraphs (2) 
     through (6), this part preempts and supersedes any Federal, 
     State, or Tribal law, including statutes, regulations, rules, 
     or standards that are enacted, promulgated, or established 
     under common law, related to recovery for personal injuries 
     caused by actual, alleged, feared, or potential for exposure 
     to coronavirus.
       (2) Stricter laws not preempted or superseded.--Nothing in 
     this part shall be construed to affect the applicability of 
     any provision of any Federal, State, or Tribal law that 
     imposes stricter limits on damages or liabilities for 
     personal injury caused by, arising out of, or related to an 
     actual, alleged, feared, or potential for exposure to 
     coronavirus, or otherwise affords greater protection to 
     defendants in any coronavirus exposure action, than are 
     provided in this part. Any such provision of Federal, State, 
     or Tribal law shall be applied in addition to the 
     requirements of this part and not in lieu thereof.
       (3) Workers' compensation laws not preempted or 
     superseded.--Nothing in this part shall be construed to 
     affect the applicability of any State or Tribal law providing 
     for a workers' compensation scheme or program, or to preempt 
     or supersede an exclusive remedy under such scheme or 
     program.
       (4) Enforcement actions.--Nothing in this part shall be 
     construed to impair, limit, or affect the authority of the 
     Federal Government, or of any State, local, or Tribal 
     government, to bring any criminal, civil, or administrative 
     enforcement action against any individual or entity.
       (5) Discrimination claims.--Nothing in this part shall be 
     construed to affect the applicability of any provision of any 
     Federal, State, or Tribal law that creates a cause of action 
     for intentional discrimination on the basis of race, color, 
     national origin, religion, sex (including pregnancy), 
     disability, genetic information, or age.
       (6) Maintenance and cure.--Nothing in this part shall be 
     construed to affect a seaman's right to claim maintenance and 
     cure benefits.
       (c) Statute of Limitations.--A coronavirus exposure action 
     may not be commenced in any Federal, State, or Tribal 
     government court later than 1 year after the date of the 
     actual, alleged, feared, or potential for exposure to 
     coronavirus.

[[Page S4877]]

  


     SEC. 212. LIABILITY; SAFE HARBOR.

       (a) Requirements for Liability for Exposure to 
     Coronavirus.--Notwithstanding any other provision of law, and 
     except as otherwise provided in this section, no individual 
     or entity engaged in businesses, services, activities, or 
     accommodations shall be liable in any coronavirus exposure 
     action unless the plaintiff can prove by clear and convincing 
     evidence that--
       (1) in engaging in the businesses, services, activities, or 
     accommodations, the individual or entity was not making 
     reasonable efforts in light of all the circumstances to 
     comply with the applicable government standards and guidance 
     in effect at the time of the actual, alleged, feared, or 
     potential for exposure to coronavirus;
       (2) the individual or entity engaged in gross negligence or 
     willful misconduct that caused an actual exposure to 
     coronavirus; and
       (3) the actual exposure to coronavirus caused the personal 
     injury of the plaintiff.
       (b) Reasonable Efforts To Comply.--
       (1) Conflicting applicable government standards and 
     guidance.--
       (A) In general.--If more than 1 government to whose 
     jurisdiction an individual or entity is subject issues 
     applicable government standards and guidance, and the 
     applicable government standards and guidance issued by 1 or 
     more of the governments conflicts with the applicable 
     government standards and guidance issued by 1 or more of the 
     other governments, the individual or entity shall be 
     considered to have made reasonable efforts in light of all 
     the circumstances to comply with the applicable government 
     standards and guidance for purposes of subsection (a)(1) 
     unless the plaintiff establishes by clear and convincing 
     evidence that the individual or entity was not making 
     reasonable efforts in light of all the circumstances to 
     comply with any of the conflicting applicable government 
     standards and guidance issued by any government to whose 
     jurisdiction the individual or entity is subject.
       (B) Exception.--If mandatory standards and regulations 
     constituting applicable government standards and guidance 
     issued by any government with jurisdiction over the 
     individual or entity conflict with applicable government 
     standards and guidance that are not mandatory and are issued 
     by any other government with jurisdiction over the individual 
     or entity or by the same government that issued the mandatory 
     standards and regulations, the plaintiff may establish that 
     the individual or entity did not make reasonable efforts in 
     light of all the circumstances to comply with the applicable 
     government standards and guidance for purposes of subsection 
     (a)(1) by establishing by clear and convincing evidence that 
     the individual or entity was not making reasonable efforts in 
     light of all the circumstances to comply with the mandatory 
     standards and regulations to which the individual or entity 
     was subject.
       (2) Written or published policy.--
       (A) In general.--If an individual or entity engaged in 
     businesses, services, activities, or accommodations 
     maintained a written or published policy on the mitigation of 
     transmission of coronavirus at the time of the actual, 
     alleged, feared, or potential for exposure to coronavirus 
     that complied with, or was more protective than, the 
     applicable government standards and guidance to which the 
     individual or entity was subject, the individual or entity 
     shall be presumed to have made reasonable efforts in light of 
     all the circumstances to comply with the applicable 
     government standards and guidance for purposes of subsection 
     (a)(1).
       (B) Rebuttal.--The plaintiff may rebut the presumption 
     under subparagraph (A) by establishing that the individual or 
     entity was not complying with the written or published policy 
     at the time of the actual, alleged, feared, or potential for 
     exposure to coronavirus.
       (C) Absence of a written or published policy.--The absence 
     of a written or published policy shall not give rise to a 
     presumption that the individual or entity did not make 
     reasonable efforts in light of all the circumstances to 
     comply with the applicable government standards and guidance 
     for purposes of subsection (a)(1).
       (3) Timing.--For purposes of subsection (a)(1), a change to 
     a policy or practice by an individual or entity before or 
     after the actual, alleged, feared, or potential for exposure 
     to coronavirus, shall not be evidence of liability for the 
     actual, alleged, feared, or potential for exposure to 
     coronavirus.
       (c) Third Parties.--No individual or entity shall be held 
     liable in a coronavirus exposure action for the acts or 
     omissions of a third party, unless--
       (1) the individual or entity had an obligation under 
     general common law principles to control the acts or 
     omissions of the third party; or
       (2) the third party was an agent of the individual or 
     entity.
       (d) Mitigation.--Changes to the policies, practices, or 
     procedures of an individual or entity for complying with the 
     applicable government standards and guidance after the time 
     of the actual, alleged, feared, or potential for exposure to 
     coronavirus, shall not be considered evidence of liability or 
     culpability.

        PART II--LIABILITY LIMITATIONS FOR HEALTH CARE PROVIDERS

     SEC. 221. APPLICATION OF PART.

       (a) In General.--
       (1) Cause of action.--
       (A) In general.--This part creates an exclusive cause of 
     action for coronavirus-related medical liability actions.
       (B) Liability.--A plaintiff may prevail in a coronavirus-
     related medical liability action only in accordance with the 
     requirements of this subtitle.
       (C) Application.--The provisions of this part shall apply 
     to--
       (i) any cause of action that is a coronavirus-related 
     medical liability action that was filed before the date of 
     enactment of this Act and that is pending on such date of 
     enactment; and
       (ii) any coronavirus-related medical liability action filed 
     on or after such date of enactment.
       (2) Preservation of liability limits and defenses.--Except 
     as otherwise explicitly provided in this part, nothing in 
     this part expands any liability otherwise imposed or limits 
     any defense otherwise available under Federal, State, or 
     Tribal law.
       (3) Immunity.--Nothing in this part abrogates the immunity 
     of any State, or waives the immunity of any Tribal 
     government. The limitations on liability provided under this 
     part shall control in any action properly filed against a 
     State or Tribal government pursuant to a duly executed waiver 
     by the State or Tribe of sovereign immunity and stating 
     claims within the scope of this part.
       (b) Preemption and Supersedure.--
       (1) In general.--Except as described in paragraphs (2) 
     through (6), this part preempts and supersedes any Federal, 
     State, or Tribal law, including statutes, regulations, rules, 
     or standards that are enacted, promulgated, or established 
     under common law, related to recovery for personal injuries 
     caused by, arising out of, or related to an act or omission 
     by a health care provider in the course of arranging for or 
     providing coronavirus-related health care services.
       (2) Stricter laws not preempted or superseded.--Nothing in 
     this part shall be construed to affect the applicability of 
     any provision of any Federal, State, or Tribal law that 
     imposes stricter limits on damages or liabilities for 
     personal injury caused by, arising out of, or related to an 
     act or omission by a health care provider in the course of 
     arranging for or providing coronavirus-related health care 
     services, or otherwise affords greater protection to 
     defendants in any coronavirus-related medical liability 
     action than are provided in this part. Any such provision of 
     Federal, State, or Tribal law shall be applied in addition to 
     the requirements of this part and not in lieu thereof.
       (3) Enforcement actions.--Nothing in this part shall be 
     construed to impair, limit, or affect the authority of the 
     Federal Government, or of any State, local, or Tribal 
     government to bring any criminal, civil, or administrative 
     enforcement action against any health care provider.
       (4) Discrimination claims.--Nothing in this part shall be 
     construed to affect the applicability of any provision of any 
     Federal, State, or Tribal law that creates a cause of action 
     for intentional discrimination on the basis of race, color, 
     national origin, religion, sex (including pregnancy), 
     disability, genetic information, or age.
       (5) Public readiness and emergency preparedness.--Nothing 
     in this part shall be construed to affect the applicability 
     of section 319F-3 of the Public Health Service Act (42 U.S.C. 
     247d-6d) to any act or omission involving a covered 
     countermeasure, as defined in subsection (i) of such section 
     in arranging for or providing coronavirus-related health care 
     services. Nothing in this part shall be construed to affect 
     the applicability of section 319F-4 of the Public Health 
     Service Act (42 U.S.C. 247d-6e).
       (6) Vaccine injury.--To the extent that title XXI of the 
     Public Health Service Act (42 U.S.C. 300aa-1 et seq.) 
     establishes a Federal rule applicable to a civil action 
     brought for a vaccine-related injury or death, this part does 
     not affect the application of that rule to such an action.
       (c) Statute of Limitations.--A coronavirus-related medical 
     liability action may not be commenced in any Federal, State, 
     or Tribal government court later than 1 year after the date 
     of the alleged harm, damage, breach, or tort, unless tolled 
     for--
       (1) proof of fraud;
       (2) intentional concealment; or
       (3) the presence of a foreign body, which has no 
     therapeutic or diagnostic purpose or effect, in the person of 
     the injured person.

     SEC. 222. LIABILITY FOR HEALTH CARE PROFESSIONALS AND HEALTH 
                   CARE FACILITIES DURING CORONAVIRUS PUBLIC 
                   HEALTH EMERGENCY.

       (a) Requirements for Liability for Coronavirus-related 
     Health Care Services.--Notwithstanding any other provision of 
     law, and except as provided in subsection (b), no health care 
     provider shall be liable in a coronavirus-related medical 
     liability action unless the plaintiff can prove by clear and 
     convincing evidence--
       (1) gross negligence or willful misconduct by the health 
     care provider; and
       (2) that the alleged harm, damage, breach, or tort 
     resulting in the personal injury was directly caused by the 
     alleged gross negligence or willful misconduct.
       (b) Exceptions.--For purposes of this section, acts, 
     omissions, or decisions resulting from a resource or staffing 
     shortage shall not be considered willful misconduct or gross 
     negligence.

[[Page S4878]]

  


PART III--SUBSTANTIVE AND PROCEDURAL PROVISIONS FOR CORONAVIRUS-RELATED 
                           ACTIONS GENERALLY

     SEC. 231. JURISDICTION.

       (a) Jurisdiction.--The district courts of the United States 
     shall have concurrent original jurisdiction of any 
     coronavirus-related action.
       (b) Removal.--
       (1) In general.--A coronavirus-related action of which the 
     district courts of the United States have original 
     jurisdiction under subsection (a) that is brought in a State 
     or Tribal government court may be removed to a district court 
     of the United States in accordance with section 1446 of title 
     28, United States Code, except that--
       (A) notwithstanding subsection (b)(2)(A) of such section, 
     such action may be removed by any defendant without the 
     consent of all defendants; and
       (B) notwithstanding subsection (b)(1) of such section, for 
     any cause of action that is a coronavirus-related action that 
     was filed in a State court before the date of enactment of 
     this Act and that is pending in such court on such date of 
     enactment, and of which the district courts of the United 
     States have original jurisdiction under subsection (a), any 
     defendant may file a notice of removal of a civil action or 
     proceeding within 30 days of the date of enactment of this 
     Act.
       (2) Procedure after removal.--Section 1447 of title 28, 
     United States Code, shall apply to any removal of a case 
     under paragraph (1), except that, notwithstanding subsection 
     (d) of such section, a court of appeals of the United States 
     shall accept an appeal from an order of a district court 
     granting or denying a motion to remand the case to the State 
     or Tribal government court from which it was removed if 
     application is made to the court of appeals of the United 
     States not later than 10 days after the entry of the order.

     SEC. 232. LIMITATIONS ON SUITS.

       (a) Joint and Several Liability Limitations.--
       (1) In general.--An individual or entity against whom a 
     final judgment is entered in any coronavirus-related action 
     shall be liable solely for the portion of the judgment that 
     corresponds to the relative and proportionate responsibility 
     of that individual or entity. In determining the percentage 
     of responsibility of any defendant, the trier of fact shall 
     determine that percentage as a percentage of the total fault 
     of all individuals or entities, including the plaintiff, who 
     caused or contributed to the total loss incurred by the 
     plaintiff.
       (2) Proportionate liability.--
       (A) Determination of responsibility.--In any coronavirus-
     related action, the court shall instruct the jury to answer 
     special interrogatories, or, if there is no jury, the court 
     shall make findings with respect to each defendant, including 
     defendants who have entered into settlements with the 
     plaintiff or plaintiffs, concerning the percentage of 
     responsibility, if any, of each defendant, measured as a 
     percentage of the total fault of all individuals or entities 
     who caused or contributed to the loss incurred by the 
     plaintiff.
       (B) Factors for consideration.--In determining the 
     percentage of responsibility under this subsection, the trier 
     of fact shall consider--
       (i) the nature of the conduct of each individual or entity 
     found to have caused or contributed to the loss incurred by 
     the plaintiff; and
       (ii) the nature and extent of the causal relationship 
     between the conduct of each such individual or entity and the 
     damages incurred by the plaintiff.
       (3) Joint liability for specific intent or fraud.--
     Notwithstanding paragraph (1), in any coronavirus-related 
     action the liability of a defendant is joint and several if 
     the trier of fact specifically determines that the 
     defendant--
       (A) acted with specific intent to injure the plaintiff; or
       (B) knowingly committed fraud.
       (4) Right to contribution not affected.--Nothing in this 
     subsection affects the right, under any other law, of a 
     defendant to contribution with respect to another defendant 
     determined under paragraph (3) to have acted with specific 
     intent to injure the plaintiff or to have knowingly committed 
     fraud.
       (b) Limitations on Damages.--In any coronavirus-related 
     action--
       (1) the award of compensatory damages shall be limited to 
     economic losses incurred as the result of the personal 
     injury, harm, damage, breach, or tort, except that the court 
     may award damages for noneconomic losses if the trier of fact 
     determines that the personal injury, harm, damage, breach, or 
     tort was caused by the willful misconduct of the individual 
     or entity;
       (2) punitive damages--
       (A) may be awarded only if the trier of fact determines 
     that the personal injury to the plaintiff was caused by the 
     willful misconduct of the individual or entity; and
       (B) may not exceed the amount of compensatory damages 
     awarded; and
       (3) the amount of monetary damages awarded to a plaintiff 
     shall be reduced by the amount of compensation received by 
     the plaintiff from another source in connection with the 
     personal injury, harm, damage, breach, or tort, such as 
     insurance or reimbursement by a government.
       (c) Preemption and Supersedure.--
       (1) In general.--Except as described in paragraphs (2) and 
     (3), this section preempts and supersedes any Federal, State, 
     or Tribal law, including statutes, regulations, rules, or 
     standards that are enacted, promulgated, or established under 
     common law, related to joint and several liability, 
     proportionate or contributory liability, contribution, or the 
     award of damages for any coronavirus-related action.
       (2) Stricter laws not preempted or superseded.--Nothing in 
     this section shall be construed to affect the applicability 
     of any provision of any Federal, State, or Tribal law that--
       (A) limits the liability of a defendant in a coronavirus-
     related action to a lesser degree of liability than the 
     degree of liability determined under this section;
       (B) otherwise affords a greater degree of protection from 
     joint or several liability than is afforded by this section; 
     or
       (C) limits the damages that can be recovered from a 
     defendant in a coronavirus-related action to a lesser amount 
     of damages than the amount determined under this section.
       (3) Public readiness and emergency preparedness.--Nothing 
     in this part shall be construed to affect the applicability 
     of section 319F-3 of the Public Health Service Act (42 U.S.C. 
     247d-6d) to any act or omission involving a covered 
     countermeasure, as defined in subsection (i) of such section 
     in arranging for or providing coronavirus-related health care 
     services. Nothing in this part shall be construed to affect 
     the applicability of section 319F-4 of the Public Health 
     Service Act (42 U.S.C. 247d-6e).

     SEC. 233. PROCEDURES FOR SUIT IN DISTRICT COURTS OF THE 
                   UNITED STATES.

       (a) Pleading With Particularity.--In any coronavirus-
     related action filed in or removed to a district court of the 
     United States--
       (1) the complaint shall plead with particularity--
       (A) each element of the plaintiff's claim; and
       (B) with respect to a coronavirus exposure action, all 
     places and persons visited by the person on whose behalf the 
     complaint was filed and all persons who visited the residence 
     of the person on whose behalf the complaint was filed during 
     the 14-day-period before the onset of the first symptoms 
     allegedly caused by coronavirus, including--
       (i) each individual or entity against which a complaint is 
     filed, along with the factual basis for the belief that such 
     individual or entity was a cause of the personal injury 
     alleged; and
       (ii) every other person or place visited by the person on 
     whose behalf the complaint was filed and every other person 
     who visited the residence of the person on whose behalf the 
     complaint was filed during such period, along with the 
     factual basis for the belief that these persons and places 
     were not the cause of the personal injury alleged; and
       (2) the complaint shall plead with particularity each 
     alleged act or omission constituting gross negligence or 
     willful misconduct that resulted in personal injury, harm, 
     damage, breach, or tort.
       (b) Separate Statements Concerning the Nature and Amount of 
     Damages and Required State of Mind.--
       (1) Nature and amount of damages.--In any coronavirus-
     related action filed in or removed to a district court of the 
     United States in which monetary damages are requested, there 
     shall be filed with the complaint a statement of specific 
     information as to the nature and amount of each element of 
     damages and the factual basis for the damages calculation.
       (2) Required state of mind.--In any coronavirus-related 
     action filed in or removed to a district court of the United 
     States in which a claim is asserted on which the plaintiff 
     may prevail only on proof that the defendant acted with a 
     particular state of mind, there shall be filed with the 
     complaint, with respect to each element of that claim, a 
     statement of the facts giving rise to a strong inference that 
     the defendant acted with the required state of mind.
       (c) Verification and Medical Records.--
       (1) Verification requirement.--
       (A) In general.--The complaint in a coronavirus-related 
     action filed in or removed to a district court of the United 
     States shall include a verification, made by affidavit of the 
     plaintiff under oath, stating that the pleading is true to 
     the knowledge of the deponent, except as to matters 
     specifically identified as being alleged on information and 
     belief, and that as to those matters the plaintiff believes 
     it to be true.
       (B) Identification of matters alleged upon information and 
     belief.--Any matter that is not specifically identified as 
     being alleged upon the information and belief of the 
     plaintiff, shall be regarded for all purposes, including a 
     criminal prosecution, as having been made upon the knowledge 
     of the plaintiff.
       (2) Materials required.--In any coronavirus-related action 
     filed in or removed to a district court of the United States, 
     the plaintiff shall file with the complaint--
       (A) an affidavit by a physician or other qualified medical 
     expert who did not treat the person on whose behalf the 
     complaint was filed that explains the basis for such 
     physician's or other qualified medical expert's belief that 
     such person suffered the personal injury, harm, damage, 
     breach, or tort alleged in the complaint; and

[[Page S4879]]

       (B) certified medical records documenting the alleged 
     personal injury, harm, damage, breach, or tort.
       (d) Application With Federal Rules of Civil Procedure.--
     This section applies exclusively to any coronavirus-related 
     action filed in or removed to a district court of the United 
     States and, except to the extent that this section requires 
     additional information to be contained in or attached to 
     pleadings, nothing in this section is intended to amend or 
     otherwise supersede applicable rules of Federal civil 
     procedure.
       (e) Civil Discovery for Actions in District Courts of the 
     United States.--
       (1) Timing.--Notwithstanding any other provision of law, in 
     any coronavirus-related action filed in or removed to a 
     district court of the United States, no discovery shall be 
     allowed before--
       (A) the time has expired for the defendant to answer or 
     file a motion to dismiss; and
       (B) if a motion to dismiss is filed, the court has ruled on 
     the motion.
       (2) Standard.--Notwithstanding any other provision of law, 
     the court in any coronavirus-related action that is filed in 
     or removed to a district court of the United States--
       (A) shall permit discovery only with respect to matters 
     directly related to material issues contested in the 
     coronavirus-related action; and
       (B) may compel a response to a discovery request (including 
     a request for admission, an interrogatory, a request for 
     production of documents, or any other form of discovery 
     request) under rule 37 of the Federal Rules of Civil 
     Procedure, only if the court finds that--
       (i) the requesting party needs the information sought to 
     prove or defend as to a material issue contested in such 
     action; and
       (ii) the likely benefits of a response to such request 
     equal or exceed the burden or cost for the responding party 
     of providing such response.
       (f) Interlocutory Appeal and Stay of Discovery.--The courts 
     of appeals of the United States shall have jurisdiction of an 
     appeal from a motion to dismiss that is denied in any 
     coronavirus-related action in a district court of the United 
     States. The district court shall stay all discovery in such a 
     coronavirus-related action until the court of appeals has 
     disposed of the appeal.
       (g) Class Actions and Multidistrict Litigation 
     Proceedings.--
       (1) Class actions.--In any coronavirus-related action that 
     is filed in or removed to a district court of the United 
     States and is maintained as a class action or multidistrict 
     litigation--
       (A) an individual or entity shall only be a member of the 
     class if the individual or entity affirmatively elects to be 
     a member; and
       (B) the court, in addition to any other notice required by 
     applicable Federal or State law, shall direct notice of the 
     action to each member of the class, which shall include--
       (i) a concise and clear description of the nature of the 
     action;
       (ii) the jurisdiction where the case is pending; and
       (iii) the fee arrangements with class counsel, including--

       (I) the hourly fee being charged; or
       (II) if it is a contingency fee, the percentage of the 
     final award which will be paid, including an estimate of the 
     total amount that would be paid if the requested damages were 
     to be granted; and
       (III) if the cost of the litigation is being financed, a 
     description of the financing arrangement.

       (2) Multidistrict litigations.--
       (A) Trial prohibition.--In any coordinated or consolidated 
     pretrial proceedings conducted pursuant to section 1407(b) of 
     title 28, United States Code, the judge or judges to whom 
     coronavirus-related actions are assigned by the Judicial 
     Panel on Multidistrict Litigation may not conduct a trial in 
     a coronavirus-related action transferred to or directly filed 
     in the proceedings unless all parties to that coronavirus-
     related action consent.
       (B) Review of orders.--The court of appeals of the United 
     States having jurisdiction over the transferee district court 
     shall permit an appeal to be taken from any order issued in 
     the conduct of coordinated or consolidated pretrial 
     proceedings conducted pursuant to section 1407(b) of title 
     28, United States Code, if the order is applicable to 1 or 
     more coronavirus-related actions and an immediate appeal from 
     the order may materially advance the ultimate termination of 
     1 or more coronavirus-related actions in the proceedings.

     SEC. 234. DEMAND LETTERS; CAUSE OF ACTION.

       (a) Cause of Action.--If any person transmits or causes 
     another to transmit in any form and by any means a demand for 
     remuneration in exchange for settling, releasing, waiving, or 
     otherwise not pursuing a claim that is, or could be, brought 
     as part of a coronavirus-related action, the party receiving 
     such a demand shall have a cause of action for the recovery 
     of damages occasioned by such demand and for declaratory 
     judgment in accordance with chapter 151 of title 28, United 
     States Code, if the claim for which the letter was 
     transmitted was meritless.
       (b) Damages.--Damages available under subsection (a) shall 
     include--
       (1) compensatory damages including costs incurred in 
     responding to the demand; and
       (2) punitive damages, if the court determines that the 
     defendant had knowledge or was reckless with regard to the 
     fact that the claim was meritless.
       (c) Attorney's Fees and Costs.--In an action commenced 
     under subsection (a), if the plaintiff is a prevailing party, 
     the court shall, in addition to any judgment awarded to a 
     plaintiff, allow a reasonable attorney's fee to be paid by 
     the defendant, and costs of the action.
       (d) Jurisdiction.--The district courts of the United States 
     shall have concurrent original jurisdiction of all claims 
     arising under subsection (a).
       (e) Enforcement by the Attorney General.--
       (1) In general.--Whenever the Attorney General has 
     reasonable cause to believe that any person or group of 
     persons is engaged in a pattern or practice of transmitting 
     demands for remuneration in exchange for settling, releasing, 
     waiving, or otherwise not pursuing a claim that is, or could 
     be, brought as part of a coronavirus-related action and that 
     is meritless, the Attorney General may commence a civil 
     action in any appropriate district court of the United 
     States.
       (2) Relief.--In a civil action under paragraph (1), the 
     court may, to vindicate the public interest, assess a civil 
     penalty against the respondent in an amount not exceeding 
     $50,000 per transmitted demand for remuneration in exchange 
     for settling, releasing, waiving or otherwise not pursuing a 
     claim that is meritless.
       (3) Distribution of civil penalties.--If the Attorney 
     General obtains civil penalties in accordance with paragraph 
     (2), the Attorney General shall distribute the proceeds 
     equitably among those persons aggrieved by the respondent's 
     pattern or practice of transmitting demands for remuneration 
     in exchange for settling, releasing, waiving or otherwise not 
     pursuing a claim that is meritless.

             PART IV--RELATION TO LABOR AND EMPLOYMENT LAWS

     SEC. 241. LIMITATION ON VIOLATIONS UNDER SPECIFIC LAWS.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     Federal employment law'' means any of the following:
       (A) The Occupational Safety and Health Act of 1970 (29 
     U.S.C. 651 et seq.) (including any standard included in a 
     State plan approved under section 18 of such Act (29 U.S.C. 
     667)).
       (B) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.).
       (C) The Age Discrimination in Employment Act of 1967 (29 
     U.S.C. 621 et seq.).
       (D) The Worker Adjustment and Retraining Notification Act 
     (29 U.S.C. 2101 et seq.).
       (E) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.).
       (F) Title II of the Genetic Information Nondiscrimination 
     Act of 2008 (42 U.S.C. 2000ff et seq.).
       (G) Title I of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12111 et seq.).
       (2) Limitation.--Notwithstanding any provision of a covered 
     Federal employment law, in any action, proceeding, or 
     investigation resulting from or related to an actual, 
     alleged, feared, or potential for exposure to coronavirus, or 
     a change in working conditions caused by a law, rule, 
     declaration, or order related to coronavirus, an employer 
     shall not be subject to any enforcement proceeding or 
     liability under any provision of a covered Federal employment 
     law if the employer--
       (A) was relying on and generally following applicable 
     government standards and guidance;
       (B) knew of the obligation under the relevant provision; 
     and
       (C) attempted to satisfy any such obligation by--
       (i) exploring options to comply with such obligations and 
     with the applicable government standards and guidance (such 
     as through the use of virtual training or remote 
     communication strategies);
       (ii) implementing interim alternative protections or 
     procedures; or
       (iii) following guidance issued by the relevant agency with 
     jurisdiction with respect to any exemptions from such 
     obligation.
       (b) Public Accommodation Laws.--
       (1) Definitions.--In this subsection--
       (A) the term ``auxiliary aids and services'' has the 
     meaning given the term in section 4 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12103);
       (B) the term ``covered public accommodation law'' means--
       (i) title III of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12181 et seq.); or
       (ii) title II of the Civil Rights Act of 1964 (42 U.S.C. 
     2000a et seq.);
       (C) the term ``place of public accommodation'' means--
       (i) a place of public accommodation, as defined in section 
     201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a); or
       (ii) a public accommodation, as defined in section 301 of 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12181); and
       (D) the term ``public health emergency period'' means a 
     period designated a public health emergency period by a 
     Federal, State, or local government authority.
       (2) Actions and measures during a public health 
     emergency.--
       (A) In general.--Notwithstanding any other provision of law 
     or regulation, during any public health emergency period, no 
     person who owns, leases (or leases to), or operates a place 
     of public accommodation shall be liable under, or found in 
     violation of, any

[[Page S4880]]

     covered public accommodation law for any action or measure 
     taken regarding coronavirus and that place of public 
     accommodation, if such person--
       (i) has determined that the significant risk of substantial 
     harm to public health or the health of employees cannot be 
     reduced or eliminated by reasonably modifying policies, 
     practices, or procedures, or the provision of an auxiliary 
     aid or service; or
       (ii) has offered such a reasonable modification or 
     auxiliary aid or service but such offer has been rejected by 
     the individual protected by the covered law.
       (B) Required waiver prohibited.--For purposes of this 
     subsection, no person who owns, leases (or leases to), or 
     operates a place of public accommodation shall be required to 
     waive any measure, requirement, or recommendation that has 
     been adopted in accordance with a requirement or 
     recommendation issued by the Federal Government or any State 
     or local government with regard to coronavirus, in order to 
     offer such a reasonable modification or auxiliary aids and 
     services.

     SEC. 242. LIABILITY FOR CONDUCTING TESTING AT WORKPLACE.

       Notwithstanding any other provision of Federal, State, or 
     local law, an employer, or other person who hires or 
     contracts with other individuals to provide services, 
     conducting testing for coronavirus at the workplace shall not 
     be liable for any action or personal injury directly 
     resulting from such testing, except for those personal 
     injuries caused by the gross negligence or intentional 
     misconduct of the employer or other person.

     SEC. 243. JOINT EMPLOYMENT AND INDEPENDENT CONTRACTING.

       Notwithstanding any other provision of Federal or State 
     law, including any covered Federal employment law (as defined 
     in section 241(a)), the Labor Management Relations Act, 1947 
     (29 U.S.C. 141 et seq.), the Employment Retirement Income 
     Security Act of 1974 (29 U.S.C. 1001 et seq.), and the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), it 
     shall not constitute evidence of a joint employment 
     relationship or employment relationship for any employer to 
     provide or require, for an employee of another employer or 
     for an independent contractor, any of the following:
       (1) Coronavirus-related policies, procedures, or training.
       (2) Personal protective equipment or training for the use 
     of such equipment.
       (3) Cleaning or disinfecting services or the means for such 
     cleaning or disinfecting.
       (4) Workplace testing for coronavirus.
       (5) Temporary assistance due to coronavirus, including 
     financial assistance or other health and safety benefits.

     SEC. 244. EXCLUSION OF CERTAIN NOTIFICATION REQUIREMENTS AS A 
                   RESULT OF THE COVID-19 PUBLIC HEALTH EMERGENCY.

       (a) Definitions.--Section 2(a) of the Worker Adjustment and 
     Retraining Notification Act (29 U.S.C. 2101(a)) is amended--
       (1) in paragraph (2), by adding before the semicolon at the 
     end the following: ``and the shutdown, if occurring during 
     the covered period, is not a result of the COVID-19 national 
     emergency'';
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(C) if occurring during the covered period, is not a 
     result of the COVID-19 national emergency;'';
       (3) in paragraph (7), by striking ``and'';
       (4) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following:
       ``(9) the term `covered period' means the period that--
       ``(A) begins on January 1, 2020; and
       ``(B) ends 90 days after the last date of the COVID-19 
     national emergency; and
       ``(10) the term `COVID-19 national emergency' means 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) Exclusion From Definition of Employment Loss.--Section 
     2(b) of the Worker Adjustment and Retraining Notification Act 
     (29 U.S.C. 2101(b)) is amended by adding at the end the 
     following:
       ``(3) Notwithstanding subsection (a)(6), during the covered 
     period an employee may not be considered to have experienced 
     an employment loss if the termination, layoff exceeding 6 
     months, or reduction in hours of work of more than 50 percent 
     during each month of any 6-month period involved is a result 
     of the COVID-19 national emergency.''.

                          Subtitle B--Products

     SEC. 261. APPLICABILITY OF THE TARGETED LIABILITY PROTECTIONS 
                   FOR PANDEMIC AND EPIDEMIC PRODUCTS AND SECURITY 
                   COUNTERMEASURES WITH RESPECT TO COVID-19.

       (a) In General.--Section 319F-3(i)(1) of the Public Health 
     Service Act (42 U.S.C. 247d-6d(i)(1)) is amended--
       (1) in subparagraph (C), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (D), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(E) a drug (as such term is defined in section 201(g)(1) 
     of the Federal Food, Drug, and Cosmetic Act), biological 
     product (including a vaccine) (as such term is defined in 
     section 351(i)), or device (as such term is defined in 
     section 201(h) of the Federal Food, Drug, and Cosmetic Act) 
     that--
       ``(i) is the subject of a notice of use of enforcement 
     discretion issued by the Secretary if such drug, biological 
     product, or device is used--

       ``(I) when such notice is in effect;
       ``(II) within the scope of such notice; and
       ``(III) in compliance with other applicable requirements of 
     the Federal Food, Drug, and Cosmetic Act that are not the 
     subject of such notice;

       ``(ii) in the case of a device, is exempt from the 
     requirement under section 510(k) of the Federal Food, Drug, 
     and Cosmetic Act; or
       ``(iii) in the case of a drug--

       ``(I) meets the requirements for marketing under a final 
     administrative order under section 505G of the Federal Food, 
     Drug, and Cosmetic Act; or
       ``(II) is marketed in accordance with section 505G(a)(3) of 
     such Act.''.

       (b) Clarifying Means of Distribution.--Section 319F-3(a)(5) 
     of the Public Health Service Act (42 U.S.C. 247d-6d(a)(5)) is 
     amended by inserting ``by, or in partnership with, Federal, 
     State, or local public health officials or the private 
     sector'' after ``distribution'' the first place it appears.
       (c) No Change to Administrative Procedure Act Application 
     to Enforcement Discretion Exercise.--Section 319F-3 of the 
     Public Health Service Act (42 U.S.C. 247d-6d) is amended by 
     adding at the end the following:
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to require use of procedures described in section 553 
     of title 5, United States Code, for a notice of use of 
     enforcement discretion for which such procedures are not 
     otherwise required; or
       ``(2) to affect whether such notice constitutes final 
     agency action within the meaning of section 704 of title 5, 
     United States Code.''.

                     Subtitle C--General Provisions

     SEC. 281. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such a provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remaining provisions of and amendments made by this 
     title, as well as the application of such provision or 
     amendment to any person other than the parties to the action 
     holding the provision or amendment to be unconstitutional, or 
     to any circumstances other than those presented in such 
     action, shall not be affected thereby.
                                 ______
                                 
  SA 2566. Mrs. HYDE-SMITH submitted an amendment intended to be 
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

     SEC. 3. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES FOR 
                   FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL 
                   HEALTH CLINICS.

       (a) In General.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended--
       (1) in paragraph (4)(C)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``and (7)'' and inserting ``(7), and (8)''; and
       (B) in clause (ii)(X), by inserting ``or paragraph 
     (8)(A)(i)'' before the period; and
       (2) in paragraph (8)--
       (A) in the paragraph heading by inserting ``and for an 
     additional period after'' after ``during '';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by inserting ``and 
     the 5-year period beginning on the first day after the end of 
     such emergency period'' after ``1135(g)(1)(B)'';
       (ii) in clause (ii), by striking ``and'' at the end;
       (iii) by redesignating clause (iii) as clause (iv); and
       (iv) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the geographic requirements described in paragraph 
     (4)(C)(i) shall not apply with respect to such a telehealth 
     service; and'';
       (C) in subparagraph (B)(i)--
       (i) in the first sentence, by inserting ``and the 5-year 
     period beginning on the first day after the end of such 
     emergency period'' before the period; and
       (ii) in the third sentence, by striking ``program 
     instruction or otherwise'' and inserting ``interim final 
     rule, program instruction, or otherwise''; and
       (D) by adding at the end the following new subparagraph:
       ``(C) Requirement during additional period.--
       ``(i) In general.--During the 5-year period beginning on 
     the first day after the end of the emergency period described 
     in section 1135(g)(1)(B), payment may only be made under this 
     paragraph for a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth individual 
     if such service is furnished by a qualified provider (as 
     defined in clause (ii)).
       ``(ii) Definition of qualified provider.--For purposes of 
     this subparagraph, the term `qualified provider' means, with 
     respect to a

[[Page S4881]]

     telehealth service described in subparagraph (A)(i) that is 
     furnished to an eligible telehealth individual, a Federally 
     qualified health center or rural health clinic that furnished 
     to such individual, during the 3-year period ending on the 
     date the telehealth service was furnished, an item or service 
     in person for which--

       ``(I) payment was made under this title; or
       ``(II) such payment would have been made if such individual 
     were entitled to, or enrolled for, benefits under this title 
     at the time such item or service was furnished.''.

       (b) Effective Date.--The amendments made by this section 
     (other than the amendment made by subsection (a)(2)(D)) shall 
     take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).

                          ____________________