[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5952-S5981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BURR (for himself, Mr. Tillis, Ms. Klobuchar, and Mr. 
        Warner):
  S. 4762. A bill to designate the airport traffic control tower 
located at Piedmont Triad International Airport in Greensboro, North 
Carolina, as the ``Senator Kay Hagan Airport Traffic Control Tower''; 
considered and passed.

                                S. 4762

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION.

       The airport traffic control tower located at Piedmont Triad 
     International Airport in Greensboro, North Carolina, and any 
     successor airport traffic control tower at that location, 
     shall be known and designated as the ``Senator Kay Hagan 
     Airport Traffic Control Tower''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the airport traffic 
     control tower referred to in section 1 shall be deemed to be 
     a reference to the ``Senator Kay Hagan Airport Traffic 
     Control Tower''.
                                 ______
                                 
      By Mr. McCONNELL:
  S. 4775. A bill to provide continued emergency assistance, 
educational support, and health care response for individuals, 
families, and businesses affected by the 2020 coronavirus pandemic; 
read the first time.

                                S. 4775

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Delivering Immediate Relief 
     to America's Families, Schools and Small Businesses Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

     DIVISION A--LIABILITY PROTECTIONS, CONTINUED RELIEF FOR SMALL 
  BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL 
                                SUPPORT

                      TITLE I--SUNSETS AND OFFSETS

Sec. 1001. Emergency relief and taxpayer protections.
Sec. 1002. Direct appropriation.
Sec. 1003. Termination of authority.
Sec. 1004. Rescissions.

                 TITLE II--CORONAVIRUS LIABILITY RELIEF

Sec. 2001. Short title.
Sec. 2002. Findings and purposes.
Sec. 2003. Definitions.

                      Subtitle A--Liability Relief

 PART I--Liability Limitations for Individuals and Entities Engaged in 
          Businesses, Services, Activities, or Accommodations

Sec. 2121. Application of part.
Sec. 2122. Liability; safe harbor.

        PART II--Liability Limitations for Health Care Providers

Sec. 2141. Application of part.
Sec. 2142. Liability for health care professionals and health care 
              facilities during coronavirus public health emergency.

PART III--Substantive and Procedural Provisions for Coronavirus-related 
                           Actions Generally

Sec. 2161. Jurisdiction.
Sec. 2162. Limitations on suits.
Sec. 2163. Procedures for suit in district courts of the united states.
Sec. 2164. Demand letters; cause of action.

             PART IV--Relation to Labor and Employment Laws

Sec. 2181. Limitation on violations under specific laws.
Sec. 2182. Liability for conducting testing at workplace.
Sec. 2183. Joint employment and independent contracting.
Sec. 2184. Exclusion of certain notification requirements as a result 
              of the COVID-19 public health emergency.

                          Subtitle B--Products

Sec. 2201. Applicability of the targeted liability protections for 
              pandemic and epidemic products and security 
              countermeasures with respect to covid-19.

                     Subtitle C--General Provisions

Sec. 2301. Severability.

              TITLE III--ASSISTANCE FOR AMERICAN FAMILIES

Sec. 3001. Short title.
Sec. 3002. Extension of the Federal Pandemic Unemployment Compensation 
              program.

                   TITLE IV--SMALL BUSINESS PROGRAMS

Sec. 4001. Small business recovery.

                   TITLE V--POSTAL SERVICE ASSISTANCE

Sec. 5001. COVID-19 funding for the United States Postal Service.

              TITLE VI--EDUCATIONAL SUPPORT AND CHILD CARE

    Subtitle A--Emergency Education Freedom Grants; Tax Credits for 
      Contributions to Eligible Scholarship-granting Organizations

Sec. 6001. Emergency education freedom grants.
Sec. 6002. Tax credits for contributions to eligible scholarship-
              granting organizations.
Sec. 6003. Education Freedom Scholarships web portal and 
              administration.
Sec. 6004. 529 account funding for homeschool and additional elementary 
              and secondary expenses.

               Subtitle B--Back to Work Child Care Grants

Sec. 6101. Back to Work Child Care grants.

        TITLE VII--PANDEMIC PREPARATION AND STRATEGIC STOCKPILE

Sec. 7001. Sustained on-shore manufacturing capacity for public health 
              emergencies.

[[Page S5953]]

Sec. 7002. Improving and sustaining State medical stockpiles.
Sec. 7003. Strengthening the Strategic National Stockpile.

             TITLE VIII--CORONAVIRUS RELIEF FUND EXTENSION

Sec. 8001. Extension of period to use Coronavirus Relief Fund payments.

                      TITLE IX--CHARITABLE GIVING

Sec. 9001. Increase in limitation on partial above the line deduction 
              for charitable contributions.

                       TITLE X--CRITICAL MINERALS

Sec. 10001. Mineral security.
Sec. 10002. Rare earth element advanced coal technologies.

                   TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 11001. Emergency designation.

DIVISION B--CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS 
                               ACT, 2020

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     DIVISION A--LIABILITY PROTECTIONS, CONTINUED RELIEF FOR SMALL 
  BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL 
                                SUPPORT

                      TITLE I--SUNSETS AND OFFSETS

     SEC. 1001. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

       Section 4003 of the CARES Act (15 U.S.C. 9061) is amended 
     in subsection (e) by striking ``Amounts'' and inserting 
     ``Notwithstanding any other provision of law, amounts''.

     SEC. 1002. DIRECT APPROPRIATION.

       Section 4027 of the CARES Act (15 U.S.C. 9063) is amended 
     by adding at the end the following:
       ``(d) Reduction.--The appropriation made under this section 
     shall be reduced, on January 19, 2021, by an amount equal to 
     the difference between $454,000,000,000 and the aggregate 
     amount of loans, loan guarantees, and other investments that 
     the Secretary has made or committed to make under section 
     4003(b)(4) as of such date.''.

     SEC. 1003. TERMINATION OF AUTHORITY.

       Section 4029 of the CARES Act (15 U.S.C. 9063) is amended 
     by adding at the end the following:
       ``(c) Federal Reserve Programs or Facilities.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, after January 4, 2021, the Board of Governors of the 
     Federal Reserve System and the Federal Reserve banks shall 
     not make any loan, purchase any obligation, asset, security, 
     or other interest, or make any extension of credit through 
     any program or facility established under section 13(3) of 
     the Federal Reserve Act (12 U.S.C. 343(3)) in which the 
     Secretary made a loan, loan guarantee, or other investment 
     using funds appropriated under section 4027, other than any 
     such loan, purchase, or extension of credit for which a 
     complete application was submitted on or before January 4, 
     2021, provided that such loan, purchase, or extension of 
     credit is made on or before January 18, 2021, and under the 
     terms and conditions of the program or facility as in effect 
     on the date the complete application was submitted.
       ``(2) No modification.--On or after January 19, 2021, the 
     Board of Governors of the Federal Reserve System and the 
     Federal Reserve banks shall not modify the terms and 
     conditions of any program or facility established under 
     section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) 
     in which the Secretary made a loan, loan guarantee, or other 
     investment using funds appropriated under section 4027, but 
     may modify or restructure a loan, obligation, asset, 
     security, or other interest, or extension of credit made or 
     purchased through any such program or facility provided 
     that--
       ``(A) the loan, obligation, asset, security, or other 
     interest, or extension of credit is for an eligible business, 
     including an eligible nonprofit organization; and
       ``(B) the modification or restructuring relates to a single 
     and specific eligible business, including an eligible 
     nonprofit organization; and
       ``(C) the modification or restructuring is necessary to 
     minimize costs to taxpayers that could arise from a default 
     on the loan, obligation, asset, security, or other interest, 
     or extension of credit.''.

     SEC. 1004. RESCISSIONS.

       (a) PPP and Subsidy for Certain Loan Payments.--Of the 
     unobligated balances in the appropriations account under the 
     heading ``Small Business Administration--Business Loans 
     Program Account, CARES Act'' as of the day before the date of 
     enactment of this Act, effective on the date of enactment of 
     this Act $146,000,000,000 shall be rescinded and deposited 
     into the general fund of the Treasury.
       (b) Exchange Stabilization Fund.--Section 4003 of the CARES 
     Act (15 U.S.C. 9042) is amended--
       (1) in subsection (a), by striking ``$500,000,000,000'' and 
     inserting ``$296,000,000,000''; and
       (2) in subsection (b)(4), in the matter preceding 
     subparagraph (A), by striking ``$454,000,000,000'' and 
     inserting ``$250,000,000,000''.

                 TITLE II--CORONAVIRUS LIABILITY RELIEF

     SEC. 2001. 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. 2002. 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

[[Page S5954]]

     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 
     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. 2003. 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

[[Page S5955]]

     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.
       (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, vessel in 
     rem, 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 
     applicable government standards and guidance, 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'' means--
       (A) actual or potential physical injury to an individual or 
     death caused by a physical injury; or
       (B) 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. 2121. 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.--

[[Page S5956]]

       (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, 
     orders, proclamations, 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 claim for benefits under 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.

     SEC. 2122. 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. 2141. 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, 
     orders, proclamations, 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,

[[Page S5957]]

     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. 2142. 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.

PART III--SUBSTANTIVE AND PROCEDURAL PROVISIONS FOR CORONAVIRUS-RELATED 
                           ACTIONS GENERALLY

     SEC. 2161. 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. 2162. 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, 
     orders, proclamations, 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. 2163. 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.--

[[Page S5958]]

       (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
       (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. 2164. 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. 2181. 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

[[Page S5959]]

     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 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. 2182. 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, that 
     conducts tests for coronavirus on the employees of the 
     employer or persons hired or contracted to provide services 
     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. 2183. JOINT EMPLOYMENT AND INDEPENDENT CONTRACTING.

       Notwithstanding any other provision of Federal or State 
     law, including any covered Federal employment law (as defined 
     in section 2181(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. 2184. 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. 2201. 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. 2301. 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.

              TITLE III--ASSISTANCE FOR AMERICAN FAMILIES

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Continued Financial Relief 
     to Americans Act of 2020''.

     SEC. 3002. EXTENSION OF THE FEDERAL PANDEMIC UNEMPLOYMENT 
                   COMPENSATION PROGRAM.

       (a) Extension.--Section 2104(e)(2) of division A of the 
     CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking 
     ``July 31, 2020'' and inserting ``December 27, 2020''.
       (b) Amount.--
       (1) In general.--Section 2104(b) of division A of the CARES 
     Act (15 U.S.C. 9023(b)) is amended--

[[Page S5960]]

       (A) in paragraph (1)(B), by striking ``of $600'' and 
     inserting ``equal to the amount specified in paragraph (3)''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(3) Amount of federal pandemic unemployment 
     compensation.--The amount specified in this paragraph is the 
     following amount:
       ``(A) 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.
       ``(B) For weeks of unemployment beginning after the last 
     week under subparagraph (A) and ending on or before December 
     27, 2020, $300.''.
       (2) Technical amendment regarding application to short-time 
     compensation programs and agreements.--Section 2104(i)(2) of 
     division A of the CARES Act (15 U.S.C. 9023(i)(2)) is 
     amended--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) short-time compensation under section 2108 or 
     2109.''.
       (c) Extension of Enhanced Benefits Under the Railroad 
     Unemployment Insurance Act.--Section 2(a)(5)(A) of the 
     Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) 
     is amended by inserting after the first sentence the 
     following new sentence: ``Notwithstanding paragraph (3), 
     subsection (c)(1)(B), and any other limitation on total 
     benefits in this Act, for registration periods beginning 
     after July 31, 2020, but on or before December 27, 2020, a 
     recovery benefit in the amount of $600 shall be payable with 
     respect to a qualified employee for a period in which the 
     individual received unemployment benefits under paragraph 
     (1)(A).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     CARES Act (15 U.S.C. 9001 note).

                   TITLE IV--SMALL BUSINESS PROGRAMS

     SEC. 4001. 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

[[Page S5961]]

       (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 a one-page online or 
     paper form, to be established by the Administrator not later 
     than 7 days after the date of enactment of the Continuing the 
     Paycheck Protection Program Act, that--

       ``(I) reports the amount of the covered loan amount spent 
     by the eligible recipient--

       ``(aa) on payroll costs; and
       ``(bb) on the sum of--
       ``(AA) payments of interest on any covered mortgage 
     obligation (which shall not include any prepayment of or 
     payment of principal on a covered mortgage obligation);
       ``(BB) payments on any covered rent obligation;
       ``(CC) covered utility payments;
       ``(DD) covered operations expenditures;
       ``(EE) covered property damage costs;
       ``(FF) covered supplier costs; and
       ``(GG) covered worker protection expenditures; and

       ``(II) attests 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) retains records relevant to the form that prove 
     compliance with those requirements--

       ``(I) with respect to employment records, for the 4-year 
     period following submission of the form; and
       ``(II) with respect to other records, for the 3-year period 
     following submission of the form.

       ``(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--

       ``(aa) all employment records relevant to the application 
     for loan forgiveness for the 4-year period following 
     submission of the application; and
       ``(bb) all other supporting documentation relevant to the 
     application for loan forgiveness for the 3-year period 
     following submission of the application; 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

[[Page S5962]]

     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 would be described in the 
     subsections listed in subitems (AA) through (FF) if the 
     entity were a business concern; or
       ``(HH) 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.

       ``(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

[[Page S5963]]

     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)).

       (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;

[[Page S5964]]

       (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). Notwithstanding the Federal Rules 
     of Bankruptcy Procedure, at such hearing, the court may grant 
     relief on a final basis.''.
       (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

[[Page S5965]]

     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 
     ``$816,640,000,000''; 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) 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) $257,640,000,000 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;
       (II) $10,000,000 under the heading ``Department of 
     Commerce--Minority Business Development Agency'' for minority 
     business centers of the Minority Business Development Agency 
     to provide technical assistance to small business concerns; 
     and
       (III) $50,000,000 under the heading ``Small Business 
     Administration--Salaries and Expenses'' for the cost of 
     carrying out reviews and audits of loans under subsection (l) 
     of section 1106 of the CARES Act (15 U.S.C. 9005), as amended 
     by this Act.

       (B) 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''.

                   TITLE V--POSTAL SERVICE ASSISTANCE

     SEC. 5001. COVID-19 FUNDING FOR THE UNITED STATES POSTAL 
                   SERVICE.

       Section 6001 of the CARES Act (Public Law 116-136; 134 
     Stat. 281) is amended--
       (1) in the section heading, by striking ``borrowing 
     authority'' and inserting ``funding'';
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Availability of Amounts; No Repayment Required.--
     Notwithstanding subsection (b) or any agreement entered into 
     between the Secretary of the Treasury and the Postal Service 
     under that subsection, the Postal Service--
       ``(1) may only use amounts borrowed under that subsection 
     if the Postal Service has less than $8,000,000,000 in cash on 
     hand; and
       ``(2) shall not be required to repay the amounts borrowed 
     under that subsection.
       ``(d) Certifications.--
       ``(1) Postal regulatory commission.--The Postal Service 
     shall certify in its quarterly and audited annual reports to 
     the Postal Regulatory Commission under section 3654 of title 
     39, United States Code, and in conformity with the 
     requirements of section 13 or 15(d) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), any 
     expenditures made using amounts borrowed under subsection (b) 
     of this section.
       ``(2) Congress.--Not later than 15 days after filing a 
     report described in paragraph (1) with the Postal Regulatory 
     Commission, the Postal Service shall submit a copy of the 
     information required to be certified under that paragraph to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Oversight and Reform of 
     the House of Representatives.''.

              TITLE VI--EDUCATIONAL SUPPORT AND CHILD CARE

    Subtitle A--Emergency Education Freedom Grants; Tax Credits for 
      Contributions to Eligible Scholarship-granting Organizations

     SEC. 6001. EMERGENCY EDUCATION FREEDOM GRANTS.

       (a) Definitions.--In this section:
       (1) Eligible scholarship-granting organization.--The term 
     ``eligible scholarship-granting organization'' means--
       (A) an organization that--
       (i) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of such Code;
       (ii) provides qualifying scholarships to individual 
     elementary and secondary students who--

       (I) reside in the State in which the eligible scholarship-
     granting organization is recognized; or
       (II) in the case of funds provided to the Secretary of the 
     Interior, attending elementary schools or secondary schools 
     operated or funded by the Bureau of Indian Education;

       (iii) allocates at least 90 percent of qualified 
     contributions to qualifying scholarships on an annual basis; 
     and
       (iv) provides qualifying scholarships to--

       (I) more than 1 eligible student;
       (II) more than 1 eligible family; and
       (III) different eligible students attending more than 1 
     education provider;

       (B) an organization that--
       (i) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of such Code; and
       (ii) pursuant to State law, was able, as of January 1, 
     2021, to receive contributions that are eligible for a State 
     tax credit if such contributions are used by the organization 
     to provide scholarships to individual elementary and 
     secondary students, including scholarships for attending 
     private schools; or
       (C) an organization identified by a Governor of a State to 
     receive a subgrant from the State under subsection (d).
       (2) Emergency education freedom grant funds.--The term 
     ``emergency education freedom grant funds'' means the amount 
     of funds available under subsection (b)(1) for this section 
     that are not reserved under subsection (c)(1).
       (3) Qualified contribution.--The term ``qualified 
     contribution'' means a contribution of cash to any eligible 
     scholarship-granting organization.
       (4) Qualified expense.--The term ``qualified expense'' 
     means any educational expense that is--
       (A) for an individual student's elementary or secondary 
     education, as recognized by the State; or
       (B) for the secondary education component of an individual 
     elementary or secondary student's career and technical 
     education, as defined by section 3(5) of the Carl D. Perkins

[[Page S5966]]

     Career and Technical Education Act of 2006 (20 U.S.C. 
     2302(5)).
       (5) Qualifying scholarship.--The term ``qualifying 
     scholarship'' means a scholarship granted by an eligible 
     scholarship-granting organization to an individual elementary 
     or secondary student for a qualified expense.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (7) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (b) Grants.--
       (1) Program authorized.--From the funds appropriated to 
     carry out this section, the Secretary shall carry out 
     subsection (c) and award emergency education freedom grants 
     to States with approved applications, in order to enable the 
     States to award subgrants to eligible scholarship-granting 
     organizations under subsection (d).
       (2) Timing.--The Secretary shall make the allotments 
     required under this subsection by not later than 30 days 
     after the date of enactment of this Act.
       (c) Reservation and Allotments.--
       (1) In general.--From the amounts made available under 
     subsection (b)(1), the Secretary shall--
       (A) reserve--
       (i) one-half of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be 
     distributed among those outlying areas on the basis of their 
     relative need, as determined by the Secretary, in accordance 
     with the purpose of this section; and
       (ii) one-half of 1 percent of such amounts for the 
     Secretary of the Interior, acting through the Bureau of 
     Indian Education, to be used to provide subgrants described 
     in subsection (d) to eligible scholarship-granting 
     organizations that serve students attending elementary 
     schools or secondary schools operated or funded by the Bureau 
     of Indian Education; and
       (B) subject to paragraph (2), allot each State that submits 
     an approved application under this section the sum of--
       (i) the amount that bears the same relation to 20 percent 
     of the emergency education freedom grant funds as the number 
     of individuals aged 5 through 17 in the State, as determined 
     by the Secretary on the basis of the most recent satisfactory 
     data, bears to the number of those individuals, as so 
     determined, in all such States that submitted approved 
     applications; and
       (ii) an amount that bears the same relationship to 80 
     percent of the emergency education freedom grant funds as the 
     number of individuals aged 5 through 17 from families with 
     incomes below the poverty line in the State, as determined by 
     the Secretary on the basis of the most recent satisfactory 
     data, bears to the number of those individuals, as so 
     determined, in all such States that submitted approved 
     applications.
       (2) Minimum allotment.--No State shall receive an allotment 
     under this subsection for a fiscal year that is less than 
     one-half of 1 percent of the amount of emergency education 
     freedom grant funds available for such fiscal year.
       (d) Subgrants to Eligible Scholarship-Granting 
     Organizations.--
       (1) In general.--A State that receives an allotment under 
     this section shall use the allotment to award subgrants, on a 
     basis determined appropriate by the State, to eligible 
     scholarship-granting organizations in the State.
       (2) Initial timing.--
       (A) States with existing tax credit scholarship program.--
     By not later than 30 days after receiving an allotment under 
     subsection (c)(1)(B), a State with an existing, as of the 
     date of application for an allotment under this section, tax 
     credit scholarship program shall use not less than 50 percent 
     of the allotment to award subgrants to eligible scholarship-
     granting organizations under subsection (a)(1)(B) in the 
     State in proportion to the contributions received in calendar 
     year 2019 that were eligible for a State tax credit if such 
     contributions are used by the organization to provide 
     scholarships to individual elementary and secondary students, 
     including scholarships for attending private schools.
       (B) States without tax credit scholarship programs.--By not 
     later than 60 days after receiving an allotment under 
     subsection (c)(1)(B), a State without a tax credit 
     scholarship program shall use not less than 50 percent of the 
     allotment to award subgrants to eligible scholarship-granting 
     organizations in the State.
       (3) Uses of funds.-- An eligible scholarship-granting 
     organization that receives a subgrant under this subsection--
       (A) may reserve not more than 5 percent of the subgrant 
     funds for public outreach, student and family support 
     activities, and administrative expenses related to the 
     subgrant; and
       (B) shall use not less than 95 percent of the subgrant 
     funds to provide qualifying scholarships for qualified 
     expenses only to individual elementary school and secondary 
     school students who reside in the State in which the eligible 
     scholarship-granting organization is recognized.
       (e) Reallocation.--A State shall return to the Secretary 
     any amounts of the allotment received under this section that 
     the State does not award as subgrants under subsection (d) by 
     March 30, 2021, and the Secretary shall reallocate such funds 
     to the remaining eligible States in accordance with 
     subsection (c)(1)(B).
       (f) Rules of Construction.--
       (1) In general.--A qualifying scholarship awarded to a 
     student from funds provided under this section shall not be 
     considered assistance to the school or other educational 
     provider that enrolls, or provides educational services to, 
     the student or the student's parents.
       (2) Exclusion from income.--
       (A) Income taxes.--For purposes of the Internal Revenue 
     Code of 1986, gross income shall not include any amount 
     received by an individual as a qualifying scholarship.
       (B) Federally funded programs.--Any amount received by an 
     individual as a qualifying scholarship shall not be taken 
     into account as income or resources for purposes of 
     determining the eligibility of such individual or any other 
     individual for benefits or assistance, or the amount or 
     extent of such benefits or assistance, under any Federal 
     program or under any State or local program financed in whole 
     or in part with Federal funds.
       (3) Prohibition of control over nonpublic education 
     providers.--
       (A)(i) Nothing in this section shall be construed to 
     permit, allow, encourage, or authorize any Federal control 
     over any aspect of any private, religious, or home education 
     provider, whether or not a home education provider is treated 
     as a private school or home school under State law.
       (ii) This section shall not be construed to exclude 
     private, religious, or home education providers from 
     participation in programs or services under this section.
       (B) Nothing in this section shall be construed to permit, 
     allow, encourage, or authorize a State to mandate, direct, or 
     control any aspect of a private or home education provider, 
     regardless of whether or not a home education provider is 
     treated as a private school under State law.
       (C) No participating State shall exclude, discriminate 
     against, or otherwise disadvantage any education provider 
     with respect to programs or services under this section based 
     in whole or in part on the provider's religious character or 
     affiliation, including religiously based or mission-based 
     policies or practices.
       (4) Parental rights to use scholarships.--No participating 
     State shall disfavor or discourage the use of qualifying 
     scholarships for the purchase of elementary and secondary 
     education services, including those services provided by 
     private or nonprofit entities, such as faith-based providers.
       (5) State and local authority.--Nothing in this section 
     shall be construed to modify a State or local government's 
     authority and responsibility to fund education.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.

     SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE 
                   SCHOLARSHIP-GRANTING ORGANIZATIONS.

       (a) Credit for Individuals.--Subpart A of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding after section 25D the following new 
     section:

     ``SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING 
                   ORGANIZATIONS.

       ``(a) Allowance of Credit.--Subject to section 6003(c) of 
     the Delivering Immediate Relief to America's Families, 
     Schools and Small Businesses Act, in the case of an 
     individual, there shall be allowed as a credit against the 
     tax imposed by this chapter for the taxable year an amount 
     equal to the sum of any qualified contributions made by the 
     taxpayer during the taxable year.
       ``(b) Amount of Credit.--The credit allowed under 
     subsection (a) for any taxable year shall not exceed 10 
     percent of the taxpayer's adjusted gross income for the 
     taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible scholarship-granting organization.--The term 
     `eligible scholarship-granting organization' means--
       ``(A) an organization that--
       ``(i) is described in section 501(c)(3) and exempt from 
     taxation under section 501(a),
       ``(ii) provides qualifying scholarships to individual 
     elementary and secondary students who--

       ``(I) reside in the State in which the eligible 
     scholarship-granting organization is recognized, or
       ``(II) in the case of the Bureau of Indian Education, are 
     members of a federally recognized tribe,

       ``(iii) a State identifies to the Secretary as an eligible 
     scholarship-granting organization under section 6003(c)(5)(B) 
     of the Delivering Immediate Relief to America's Families, 
     Schools and Small Businesses Act,
       ``(iv) allocates at least 90 percent of qualified 
     contributions to qualifying scholarships on an annual basis, 
     and
       ``(v) provides qualifying scholarships to--

       ``(I) more than 1 eligible student,
       ``(II) more than 1 eligible family, and
       ``(III) different eligible students attending more than 1 
     education provider, or

       ``(B) an organization that--
       ``(i) is described in section 501(c)(3) and exempt from 
     taxation under section 501(a), and
       ``(ii) pursuant to State law, was able, as of January 1, 
     2021, to receive contributions that are eligible for a State 
     tax credit if such contributions are used by the organization 
     to provide scholarships to individual elementary and 
     secondary students, including scholarships for attending 
     private schools.

[[Page S5967]]

       ``(2) Qualified contribution.--The term `qualified 
     contribution' means a contribution of cash to any eligible 
     scholarship-granting organization.
       ``(3) Qualified expense.--The term `qualified expense' 
     means any educational expense that is--
       ``(A) for an individual student's elementary or secondary 
     education, as recognized by the State, or
       ``(B) for the secondary education component of an 
     individual elementary or secondary student's career and 
     technical education, as defined by section 3(5) of the Carl 
     D. Perkins Career and Technical Education Act of 2006 (20 
     U.S.C. 2302(5)).
       ``(4) Qualifying scholarship.--The term `qualifying 
     scholarship' means a scholarship granted by an eligible 
     scholarship-granting organization to an individual elementary 
     or secondary student for a qualified expense.
       ``(5) State.--The term `State' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the outlying areas (as defined in section 1121(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6331(c)), and the Department of the Interior (acting through 
     the Bureau of Indian Education).
       ``(d) Rules of Construction.--
       ``(1) In general.--A qualifying scholarship awarded to a 
     student from the proceeds of a qualified contribution under 
     this section shall not be considered assistance to the school 
     or other educational provider that enrolls, or provides 
     educational services to, the student or the student's 
     parents.
       ``(2) Exclusion from income.--Gross income shall not 
     include any amount received by an individual as a qualifying 
     scholarship and such amount shall not be taken into account 
     as income or resources for purposes of determining the 
     eligibility of such individual or any other individual for 
     benefits or assistance, or the amount or extent of such 
     benefits or assistance, under any Federal program or under 
     any State or local program financed in whole or in part with 
     Federal funds.
       ``(3) Prohibition of control over nonpublic education 
     providers.--
       ``(A)(i) Nothing in this section shall be construed to 
     permit, allow, encourage, or authorize any Federal control 
     over any aspect of any private, religious, or home education 
     provider, whether or not a home education provider is treated 
     as a private school or home school under State law.
       ``(ii) This section shall not be construed to exclude 
     private, religious, or home education providers from 
     participation in programs or services under this section.
       ``(B) Nothing in this section shall be construed to permit, 
     allow, encourage, or authorize an entity submitting a list of 
     eligible scholarship-granting organizations on behalf of a 
     State pursuant to section 6003(c)(5) of the Delivering 
     Immediate Relief to America's Families, Schools and Small 
     Businesses Act to mandate, direct, or control any aspect of a 
     private or home education provider, regardless of whether or 
     not a home education provider is treated as a private school 
     under State law.
       ``(C) No participating State or entity acting on behalf of 
     a State pursuant to section 6003(c)(5) of the Delivering 
     Immediate Relief to America's Families, Schools and Small 
     Businesses Act shall exclude, discriminate against, or 
     otherwise disadvantage any education provider with respect to 
     programs or services under this section based in whole or in 
     part on the provider's religious character or affiliation, 
     including religiously-based or mission-based policies or 
     practices.
       ``(4) Parental rights to use scholarships.--No 
     participating State or entity acting on behalf of a State 
     pursuant to section 6003(c)(5) of the Delivering Immediate 
     Relief to America's Families, Schools and Small Businesses 
     Act shall disfavor or discourage the use of qualifying 
     scholarships for the purchase of elementary and secondary 
     education services, including those services provided by 
     private or nonprofit entities, such as faith-based providers.
       ``(5) State and local authority.--Nothing in this section 
     shall be construed to modify a State or local government's 
     authority and responsibility to fund education.
       ``(e) Denial of Double Benefit.--The Secretary shall 
     prescribe such regulations or other guidance to ensure that 
     the sum of the tax benefits provided by Federal, State, or 
     local law for a qualified contribution receiving a Federal 
     tax credit in any taxable year does not exceed the sum of the 
     qualified contributions made by the taxpayer for the taxable 
     year.
       ``(f) Carryforward of Credit.--If a tax credit allowed 
     under this section is not fully used within the applicable 
     taxable year because of insufficient tax liability on the 
     part of the taxpayer, the unused amount may be carried 
     forward for a period not to exceed 5 years.
       ``(g) Election.--This section shall apply to a taxpayer for 
     a taxable year only if the taxpayer elects to have this 
     section apply for such taxable year.
       ``(h) Alternative Minimum Tax.--For purposes of calculating 
     the alternative minimum tax under section 55, a taxpayer may 
     use any credit received for a qualified contribution under 
     this section.
       ``(i) Termination.--This section shall not apply to any 
     contributions made in taxable years beginning after December 
     31, 2022.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 25D the following new item:

``Sec. 25E. Contributions to eligible scholarship-granting 
              organizations.''.
       (c) Credit for Corporations.--Subpart D of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING 
                   ORGANIZATIONS.

       ``(a) Allowance of Credit.--Subject to section 6003(c) of 
     the Delivering Immediate Relief to America's Families, 
     Schools and Small Businesses Act, for purposes of section 38, 
     in the case of a domestic corporation, there shall be allowed 
     as a credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of any qualified 
     contributions (as defined in section 25E(c)(2)) made by such 
     corporation during the taxable year.
       ``(b) Amount of Credit.--The credit allowed under 
     subsection (a) for any taxable year shall not exceed 5 
     percent of the taxable income (as defined in section 
     170(b)(2)(D)) of the domestic corporation for such taxable 
     year.
       ``(c) Additional Provisions.--For purposes of this section, 
     any qualified contributions made by a domestic corporation 
     shall be subject to the provisions of section 25E (including 
     subsection (d) of such section), to the extent applicable.
       ``(d) Election.--This section shall apply to a taxpayer for 
     a taxable year only if the taxpayer elects to have this 
     section apply for such taxable year.
       ``(e) Termination.--This section shall not apply to any 
     contributions made in taxable years beginning after December 
     31, 2022.''.
       (d) Credit Part of General Business Credit.--Section 38(b) 
     is amended--
       (1) by striking ``plus'' at the end of paragraph (32);
       (2) by striking the period at the end of paragraph (33) and 
     inserting ``, plus''; and
       (3) by adding at the end the following new paragraph:
       ``(34) the credit for qualified contributions determined 
     under section 45U(a).''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following new item:

``Sec. 45U. Contributions to eligible scholarship-granting 
              organizations.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS WEB PORTAL AND 
                   ADMINISTRATION.

       (a) In General.--The Secretary of the Treasury shall, in 
     coordination with the Secretary of Education, establish, 
     host, and maintain a web portal that--
       (1) lists all eligible scholarship-granting organizations;
       (2) enables a taxpayer to make a qualifying contribution to 
     one or more eligible scholarship-granting organizations and 
     to immediately obtain both a pre-approval of a tax credit for 
     that contribution and a receipt for tax filings;
       (3) provides information about the tax benefits under 
     sections 25E and 45U of the Internal Revenue Code of 1986; 
     and
       (4) enables a State to submit and update information about 
     its programs and its eligible scholarship-granting 
     organizations for informational purposes only, including 
     information on--
       (A) student eligibility;
       (B) allowable educational expenses;
       (C) the types of allowable education providers;
       (D) the percentage of funds an organization may use for 
     program administration; and
       (E) the percentage of total contributions the organization 
     awards in a calendar year.
       (b) Nonportal Contributions.--A taxpayer may opt to make a 
     contribution directly to an eligible scholarship-granting 
     organization, instead of through the web portal described in 
     subsection (a), provided that the taxpayer, or the eligible 
     scholarship-granting organization on behalf of the taxpayer, 
     applies for, and receives pre-approval for a tax credit from 
     the Secretary of the Treasury in coordination with the 
     Secretary of Education.
       (c) National and State Limitations on Credits.--
       (1) National limitation.--For each fiscal year, the total 
     amount of qualifying contributions for which a credit is 
     allowed under sections 25E and 45U of the Internal Revenue 
     Code of 1986 shall not exceed $5,000,000,000.
       (2) Allocation of limitation.--
       (A) Initial allocations.--For each calendar year, with 
     respect to the limitation under paragraph (1), the Secretary 
     of the Treasury, in consultation with the Secretary of 
     Education, shall--
       (i) allocate to each State an amount equal to the sum of 
     the qualifying contributions made in the State in the 
     previous year; and
       (ii) from any amounts remaining following allocations made 
     under clause (i), allocate to each participating State an 
     amount equal to the sum of--

       (I) an amount that bears the same relationship to 20 
     percent of such remaining amount as the number of individuals 
     aged 5 through 17 in the State, as determined by the 
     Secretary of Education on the basis of the most recent 
     satisfactory data, bears to the number of those individuals 
     in all such States, as so determined; and
       (II) an amount that bears the same relationship to 80 
     percent of such remaining amount as the number of individuals 
     aged 5

[[Page S5968]]

     through 17 from families with incomes below the poverty line 
     in the State, as determined by the Secretary of Education, on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       (B) Minimum allocation.--Notwithstanding subparagraph (A), 
     no State receiving an allocation under this section may 
     receive less than \1/2\ of 1 percent of the amount allocated 
     for a fiscal year.
       (3) Allowable partnerships.--A State may choose to 
     administer the allocation it receives under paragraph (2) in 
     partnership with one or more States, provided that the 
     eligible scholarship-granting organizations in each partner 
     State serve students who reside in all States in the 
     partnership.
       (4) Total allocation.--A State's allocation, for any fiscal 
     year, is the sum of the amount determined for such State 
     under subparagraphs (A) and (B) of paragraph (2).
       (5) Allocation and adjustments.--
       (A) Initial allocation to states.--Not later than November 
     1 of the year preceding a year for which there is a national 
     limitation on credits under paragraph (1) (referred to in 
     this section as the ``applicable year''), or as early as 
     practicable with respect to the first year, the Secretary of 
     the Treasury shall announce the State allocations under 
     paragraph (2) for the applicable year.
       (B) List of eligible scholarship-granting organizations.--
       (i) In general.--Not later than January 1 of each 
     applicable year, or as early as practicable with respect to 
     the first year, each State shall provide the Secretary of the 
     Treasury a list of eligible scholarship-granting 
     organizations, including a certification that the entity 
     submitting the list on behalf of the State has the authority 
     to perform this function.
       (ii) Rule of construction.--Neither this section nor any 
     other Federal law shall be construed as limiting the entities 
     that may submit the list on behalf of a State.
       (C) Reallocation of unclaimed credits.--The Secretary of 
     the Treasury shall reallocate a State's allocation to other 
     States, in accordance with paragraph (2), if the State--
       (i) chooses not to identify scholarship-granting 
     organizations under subparagraph (B) in any applicable year; 
     or
       (ii) does not have an existing eligible scholarship-
     granting organization.
       (D) Reallocation.--On or after April 1 of any applicable 
     year, the Secretary of the Treasury may reallocate, to one or 
     more other States that have eligible scholarship-granting 
     organizations in the States, without regard to paragraph (2), 
     the allocation of a State for which the State's allocation 
     has not been claimed.
       (d) Definitions.--Any term used in this section which is 
     also used in section 25E of the Internal Revenue Code of 1986 
     shall have the same meaning as when used in such section.

     SEC. 6004. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL 
                   ELEMENTARY AND SECONDARY EXPENSES.

       (a) In General.--Section 529(c)(7) of the Internal Revenue 
     Code of 1986 is amended--
       (1) by striking ``Any reference'' and inserting
       ``(A) In general.--Any reference'', and
       (2) by adding at the end the following new subparagraphs:
       ``(B) Additional expenses.--In the case of any distribution 
     made after the date of the enactment of the Delivering 
     Immediate Relief to America's Families, Schools and Small 
     Businesses Act and before January 1, 2023, any reference in 
     this section to the term `qualified higher education expense' 
     shall include a reference to the following expenses in 
     connection with enrollment or attendance at, or for students 
     enrolled at or attending, an elementary or secondary public, 
     private, or religious school:
       ``(i) Curriculum and curricular materials.
       ``(ii) Books or other instructional materials.
       ``(iii) Online educational materials.
       ``(iv) Tuition for tutoring or educational classes outside 
     of the home, including at a tutoring facility, but only if 
     the tutor or instructor is not related to the student and--

       ``(I) is licensed as a teacher in any State,
       ``(II) has taught at an eligible educational institution, 
     or
       ``(III) is a subject matter expert in the relevant subject.

       ``(v) Fees for a nationally standardized norm-referenced 
     achievement test, an advanced placement examination, or any 
     examinations related to college or university admission.
       ``(vi) Fees for dual enrollment in an institution of higher 
     education.
       ``(vii) Educational therapies for students with 
     disabilities provided by a licensed or accredited 
     practitioner or provider, including occupational, behavioral, 
     physical, and speech-language therapies.
       ``(C) Treatment of homeschool expenses.--In the case of any 
     distribution made after the date of the enactment of the 
     Delivering Immediate Relief to America's Families, Schools 
     and Small Businesses Act and before January 1, 2023, the term 
     `qualified higher education expense' shall include expenses 
     for the purposes described in subparagraphs (A) and (B) in 
     connection with a homeschool (whether treated as a homeschool 
     or a private school for purposes of applicable State law).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made after the date of the 
     enactment of this Act.

               Subtitle B--Back to Work Child Care Grants

     SEC. 6101. BACK TO WORK CHILD CARE GRANTS.

       (a) Purpose.--The purpose of this section is to support the 
     recovery of the United States economy by providing assistance 
     to aid in reopening child care programs, and maintaining the 
     availability of child care in the United States, so that 
     parents can access safe care and return to work.
       (b) 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 of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     on January 31, 2020, with respect to COVID-19, including any 
     renewal of such declaration.
       (2) Eligible child care provider.--The term ``eligible 
     child care provider'' means--
       (A) an eligible child care provider as defined in section 
     658P(6)(A) of the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858n(6)(A)); and
       (B) a child care provider that--
       (i) is license-exempt and operating legally in the State;
       (ii) is not providing child care services to relatives; and
       (iii) satisfies State and local requirements, including 
     those referenced in section 658E(c)(2)(I) of the Child Care 
     and Development Block Grant Act of 1990 ((42 U.S.C. 
     9858c)(c)(2)(I)).
       (3) Indian tribe; tribal organization.--The terms ``Indian 
     tribe'' and ``tribal organization'' have the meanings given 
     the terms in section 658P of the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858n).
       (4) Lead agency.--The term ``lead agency'' has the meaning 
     given the term in section 658P of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858n).
       (5) Qualified child care provider.--The term ``qualified 
     child care provider'' means an eligible child care provider 
     with an application approved under subsection (g) for the 
     program involved.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) State.--The term ``State'' has the meaning given the 
     term in section 658P of the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858n).
       (c) Grants for Child Care Programs.--From the funds 
     appropriated to carry out this section, the Secretary shall 
     make Back to Work Child Care grants to States, Indian tribes, 
     and tribal organizations, that submit notices of intent to 
     provide assurances under subsection (d)(2). The grants shall 
     provide for subgrants 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.
       (d) Process for Allocation of Funds.--
       (1) Allocation.--Any funds that are appropriated to carry 
     out this section shall be distributed by the Secretary to the 
     Administration for Children and Families for distribution 
     under the Child Care and Development Block Grant Act of 1990 
     (42 U.S.C. 9857 et seq.) in accordance with subsection (e)(2) 
     of this section.
       (2) Notice.--Not later than 7 days after funds are 
     appropriated to carry out this section, the Secretary shall 
     provide to States, Indian tribes, and tribal organizations a 
     notice of funding availability, for Back to Work Child Care 
     grants under subsection (c) from allotments and payments 
     under subsection (e)(2). The Secretary shall issue a notice 
     of the funding allocations for each State, Indian tribe, and 
     tribal organization not later than 14 days after funds are 
     appropriated to carry out this section.
       (3) Notice of intent.--Not later than 14 days after 
     issuance of a notice of funding allocations under paragraph 
     (1), a State, Indian tribe, or tribal organization that seeks 
     such a grant shall submit to the Secretary a notice of intent 
     to provide assurances for such grant. The notice of intent 
     shall include a certification that the State, Indian tribe, 
     or tribal organization will repay the grant funds if such 
     State, Indian tribe, or tribal organization fails to provide 
     assurances that meet the requirements of subsection (f) or to 
     comply with such an assurance.
       (4) Grants to lead agencies.--The Secretary may make grants 
     under subsection (c) to the lead agency of each State, Indian 
     tribe, or tribal organization, upon receipt of the notice of 
     intent to provide assurances for such grant.
       (5) Provision of assurances.--Not later than 15 days after 
     receiving the grant, the State, Indian tribe, or tribal 
     organization shall provide assurances that meet the 
     requirements of subsection (f).
       (e) Federal Reservation; Allotments and Payments.--
       (1) Reservation.--The Secretary shall reserve not more than 
     1 percent of the amount appropriated to carry out this 
     section to pay for the costs of the Federal administration of 
     this section. The amount appropriated to carry out this 
     section and reserved under this paragraph shall remain 
     available through fiscal year 2021.
       (2) Allotments and payments.--The Secretary shall use the 
     remaining portion of

[[Page S5969]]

     such amount to make allotments and payments, to States, 
     Indian tribes, and tribal organizations that submit such a 
     notice of intent to provide assurances, in accordance with 
     paragraphs (1) and (2) of subsection (a), and subsection (b), 
     of section 658O of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858m), for the grants described in 
     subsection (c).
       (f) Assurances.--A State, Indian tribe, or tribal 
     organization that receives a grant under subsection (c) shall 
     provide to the Secretary assurances that the lead agency 
     will--
       (1) require as a condition of subgrant funding under 
     subsection (g) that each eligible child care provider 
     applying for a subgrant from the lead agency--
       (A) has been an eligible child care provider in continuous 
     operation and serving children through a child care program 
     immediately prior to March 1, 2020;
       (B) agree to follow all applicable State, local, and tribal 
     health and safety requirements and, if applicable, enhanced 
     protocols for child care services and related to COVID-19 or 
     another health or safety condition;
       (C) agree to comply with the documentation and reporting 
     requirements under subsection (h); and
       (D) certify in good faith that the child care program of 
     the provider will remain open for not less than 1 year after 
     receiving such a subgrant, unless such program is closed due 
     to extraordinary circumstances, including a state of 
     emergency declared by the Governor 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 (42 U.S.C. 5170, 5191);
       (2) ensure eligible child care providers in urban, 
     suburban, and rural areas can readily apply for and access 
     funding under this section, which shall include the provision 
     of technical assistance either directly or through resource 
     and referral agencies or staffed family child care provider 
     networks;
       (3) ensure that subgrant funds are made available to 
     eligible child care providers regardless of whether the 
     eligible child care provider is providing services for which 
     assistance is made available under the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) 
     at the time of application for a subgrant;
       (4) through at least December 31, 2020, continue to expend 
     funds provided under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of 
     continuing payments and assistance to qualified child care 
     providers on the basis of applicable reimbursements prior to 
     March 2020;
       (5) undertake a review of burdensome State, local, and 
     tribal regulations and requirements that hinder the opening 
     of new licensed child care programs to meet the needs of the 
     working families in the State or tribal community, as 
     applicable;
       (6) make available to the public, which shall include, at a 
     minimum, posting to an internet website of the lead agency--
       (A) notice of funding availability through subgrants for 
     qualified child care providers under this section; and
       (B) the criteria for awarding subgrants for qualified child 
     care providers, including the methodology the lead agency 
     used to determine and disburse funds in accordance with 
     subparagraphs (D) and (E) of subsection (g)(4); and
       (7) ensure the maintenance of a delivery system of child 
     care services throughout the State that provides for child 
     care in a variety of settings, including the settings of 
     family child care providers.
       (g) Lead Agency Use of Funds.--
       (1) In general.--A lead agency that receives a Back to Work 
     Child Care grant under this section--
       (A) shall use a portion that is not less than 94 percent of 
     the grant funds to award subgrants to qualified child care 
     providers as described in the lead agency's assurances 
     pursuant to subsection (f);
       (B) shall reserve not more than 6 percent of the funds to--
       (i) use not less than 1 percent of the funds to provide 
     technical assistance and support in applying for and 
     accessing funding through such subgrants to eligible child 
     care providers, including to rural providers, family child 
     care providers, and providers with limited administrative 
     capacity; and
       (ii) use the remainder of the reserved funds to--

       (I) administer subgrants to qualified child care providers 
     under paragraph (4), which shall include monitoring the 
     compliance of qualified child care providers with applicable 
     State, local, and tribal health and safety requirements; and
       (II) comply with the reporting and documentation 
     requirements described in subsection (h); and

       (C)(i) shall not make more than 1 subgrant under paragraph 
     (4) to a child care provider, except as described in clause 
     (ii); and
       (ii) may make multiple subgrants to a qualified child care 
     provider, if the lead agency makes each subgrant individually 
     for 1 child care program operated by the provider and the 
     funds from the multiple subgrants are not pooled for use for 
     more than 1 of the programs.
       (2) Role of third party.--The lead agency may designate a 
     third party, such as a child care resource and referral 
     agency, to carry out the responsibilities of the lead agency, 
     and oversee the activities conducted by qualified child care 
     providers under this subsection.
       (3) Obligation and return of funds.--
       (A) Obligation.--
       (i) In general.--The lead agency shall obligate at least 50 
     percent of the grant funds in the portion described in 
     paragraph (1)(A) for subgrants to qualified child care 
     providers by the day that is 6 months after the date of 
     enactment of this Act.
       (ii) Waivers.--At the request of a State, Indian tribe, or 
     tribal organization, and for good cause shown, the Secretary 
     may waive the requirement under clause (i) for the State, 
     Indian tribe, or tribal organization.
       (B) Return of funds.--Not later than the date that is 12 
     months after a grant is awarded to a lead agency in 
     accordance with this section, the lead agency shall return to 
     the Secretary any of the grant funds that are not obligated 
     by the lead agency by such date. The Secretary shall return 
     any funds received under this subparagraph to the Treasury of 
     the United States.
       (4) Subgrants.--
       (A) In general.--A lead agency that receives a grant under 
     subsection (c) shall make subgrants to qualified child care 
     providers to assist in paying for fixed costs and increased 
     operating expenses, for a transition period of not more than 
     9 months, so that parents have a safe place for their 
     children to receive child care as the parents return to the 
     workplace.
       (B) Use of funds.--A qualified child care provider may use 
     subgrant funds for--
       (i) sanitation and other costs associated with cleaning the 
     facility, including deep cleaning in the case of an outbreak 
     of COVID-19, of a child care program used to provide child 
     care services;
       (ii) recruiting, retaining, and compensating child care 
     staff, including providing professional development to the 
     staff related to child care services and applicable State, 
     local, and tribal health and safety requirements and, if 
     applicable, enhanced protocols for child care services and 
     related to COVID-19 or another health or safety condition;
       (iii) paying for fixed operating costs associated with 
     providing child care services, including the costs of 
     payroll, the continuation of existing (as of March 1, 2020) 
     employee benefits, mortgage or rent, utilities, and 
     insurance;
       (iv) acquiring equipment and supplies (including personal 
     protective equipment) necessary to provide child care 
     services in a manner that is safe for children and staff in 
     accordance with applicable State, local, and tribal health 
     and safety requirements;
       (v) replacing materials that are no longer safe to use as a 
     result of the COVID-19 public health emergency;
       (vi) making facility changes and repairs to address 
     enhanced protocols for child care services related to COVID-
     19 or another health or safety condition, to ensure children 
     can safely occupy a child care facility;
       (vii) purchasing or updating equipment and supplies to 
     serve children during nontraditional hours;
       (viii) adapting the child care program or curricula to 
     accommodate children who have not had recent access to a 
     child care setting;
       (ix) carrying out any other activity related to the child 
     care program of a qualified child care provider; and
       (x) reimbursement of expenses incurred before the provider 
     received a subgrant under this paragraph, if the use for 
     which the expenses are incurred is described in any of 
     clauses (i) though (ix) and is disclosed in the subgrant 
     application for such subgrant.
       (C) Subgrant application.--To be qualified to receive a 
     subgrant under this paragraph, an eligible child care 
     provider shall submit an application to the lead agency in 
     such form and containing such information as the lead agency 
     may reasonably require, including--
       (i) a budget plan that includes--

       (I) information describing how the eligible child care 
     provider will use the subgrant funds to pay for fixed costs 
     and increased operating expenses, including, as applicable, 
     payroll, employee benefits, mortgage or rent, utilities, and 
     insurance, described in subparagraph (B)(iii);
       (II) data on current operating capacity, taking into 
     account previous operating capacity for a period of time 
     prior to the COVID-19 public health emergency, and updated 
     group size limits and staff-to-child ratios;
       (III) child care enrollment, attendance, and revenue 
     projections based on current operating capacity and previous 
     enrollment and revenue for the period described in subclause 
     (II); and
       (IV) a demonstration of how the subgrant funds will assist 
     in promoting the long-term viability of the eligible child 
     care provider and how the eligible child care provider will 
     sustain its operations after the cessation of funding under 
     this section;

       (ii) assurances that the eligible child care provider 
     will--

       (I) report to the lead agency, before every month for which 
     the subgrant funds are to be received, data on current 
     financial characteristics, including revenue, and data on 
     current average enrollment and attendance;
       (II) not artificially suppress revenue, enrollment, or 
     attendance for the purposes of receiving subgrant funding;
       (III) provide the necessary documentation under subsection 
     (h) to the lead agency, including providing documentation of 
     expenditures of subgrant funds; and
       (IV) implement all applicable State, local, and tribal 
     health and safety requirements and, if applicable, enhanced 
     protocols for

[[Page S5970]]

     child care services and related to COVID-19 or another health 
     or safety condition; and

       (iii) a certification in good faith that the child care 
     program will remain open for not less than 1 year after 
     receiving a subgrant under this paragraph, unless such 
     program is closed due to extraordinary circumstances 
     described in subsection (f)(1)(D).
       (D) Subgrant disbursement.--In providing funds through a 
     subgrant under this paragraph--
       (i) the lead agency shall--

       (I) disburse such subgrant funds to a qualified child care 
     provider in installments made not less than once monthly;
       (II) disburse a subgrant installment for a month after the 
     qualified child care provider has provided, before that 
     month, the enrollment, attendance, and revenue data required 
     under subparagraph (C)(ii)(I) and, if applicable, current 
     operating capacity data required under subparagraph 
     (C)(i)(II); and
       (III) make subgrant installments to any qualified child 
     care provider for a period of not more than 9 months; and

       (ii) the lead agency may, notwithstanding subparagraph 
     (E)(i), disburse an initial subgrant installment to a 
     provider in a greater amount than that subparagraph provides 
     for, and adjust the succeeding installments, as applicable.
       (E) Subgrant installment amount.--The lead agency--
       (i) shall determine the amount of a subgrant installment 
     under this paragraph by basing the amount on--

       (I)(aa) at a minimum, the fixed costs associated with the 
     provision of child care services by a qualified child care 
     provider; and
       (bb) at the election of the lead agency, an additional 
     amount determined by the State, for the purposes of assisting 
     qualified child care providers with, as applicable, increased 
     operating costs and lost revenue, associated with the COVID-
     19 public health emergency; and
       (II) any other methodology that the lead agency determines 
     to be appropriate, and which is disclosed in reporting 
     submitted by the lead agency under subsection (f)(6)(B);

       (ii) shall ensure that, for any period for which subgrant 
     funds are disbursed under this paragraph, no qualified child 
     care provider receives a subgrant installment that when added 
     to current revenue for that period exceeds the revenue for 
     the corresponding period 1 year prior; and
       (iii) may factor in decreased operating capacity due to 
     updated group size limits and staff-to-child ratios, in 
     determining subgrant installment amounts.
       (F) Repayment of subgrant funds.--A qualified child care 
     provider that receives a subgrant under this paragraph shall 
     be required to repay the subgrant funds if the lead agency 
     determines that the provider fails to provide the assurances 
     described in subparagraph (C)(ii)(II), or to comply with such 
     an assurance.
       (5) Supplement not supplant.--Amounts made available to 
     carry out this section shall be used to supplement and not 
     supplant other Federal, State, tribal, and local public funds 
     expended to provide child care services, including funds 
     provided under the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child 
     care programs.
       (h) Documentation and Reporting Requirements.--
       (1) Documentation.--A State, Indian tribe, or tribal 
     organization receiving a grant under subsection (c) shall 
     provide documentation of any State or tribal expenditures 
     from grant funds received under subsection (c) in accordance 
     with section 658K(b) of the Child Care Development Block 
     Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the 
     independent entity described in that section.
       (2) Reports.--
       (A) Lead agency report.--A lead agency receiving a grant 
     under subsection (c) shall, not later than 12 months after 
     receiving such grant, submit a report to the Secretary that 
     includes for the State or tribal community involved a 
     description of the program of subgrants carried out to meet 
     the objectives of this section, including--
       (i) a description of how the lead agency determined--

       (I) the criteria for awarding subgrants for qualified child 
     care providers, including the methodology the lead agency 
     used to determine and disburse funds in accordance with 
     subparagraphs (D) and (E) of subsection (g)(4); and
       (II) the types of providers that received priority for the 
     subgrants, including considerations related to--

       (aa) setting;
       (bb) average monthly revenues, enrollment, and attendance, 
     before and during the COVID-19 public health emergency and 
     after the expiration of State, local, and tribal stay-at-home 
     orders; and
       (cc) geographically based child care service needs across 
     the State or tribal community; and
       (ii) the number of eligible child care providers in 
     operation and serving children on March 1, 2020, and the 
     average number of such providers for March 2020 and each of 
     the 11 months following, disaggregated by age of children 
     served, geography, region, center-based child care setting, 
     and family child care setting;
       (iii) the number of child care slots, in the capacity of a 
     qualified child care provider given applicable group size 
     limits and staff-to-child ratios, that were open for 
     attendance of children on March 1, 2020, the average number 
     of such slots for March 2020 and each of 11 months following, 
     disaggregated by age of children served, geography, region, 
     center-based child care setting, and family child care 
     setting;
       (iv)(I) the number of qualified child care providers that 
     received a subgrant under subsection (g)(4), disaggregated by 
     age of children served, geography, region, center-based child 
     care setting, and family child care setting, and the average 
     and range of the amounts of the subgrants awarded; and
       (II) the percentage of all eligible child care providers 
     that are qualified child care providers that received such a 
     subgrant, disaggregated as described in subclause (I); and
       (v) information concerning how qualified child care 
     providers receiving subgrants under subsection (g)(4) used 
     the subgrant funding received, disaggregated by the allowable 
     uses of funds described in subsection (g)(4)(B).
       (B) Report to congress.--Not later than 90 days after 
     receiving the lead agency reports required under subparagraph 
     (A), the Secretary shall make publicly available and provide 
     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 summarizing the findings of 
     the lead agency reports.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the activities under this section.
       (j) Exclusion From Income.--For purposes of the Internal 
     Revenue Code of 1986, gross income shall not include any 
     amount received by a qualified child care provider under this 
     section.

        TITLE VII--PANDEMIC PREPARATION AND STRATEGIC STOCKPILE

     SEC. 7001. 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'';

[[Page S5971]]

       (4) 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
       (5) 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 Delivering Immediate Relief to America's 
     Families, Schools and Small Businesses 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 theDelivering Immediate Relief to America's Families, 
     Schools and Small Businesses 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. 7002. 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

[[Page S5972]]

     noncompliance. An entity that fails to correct such 
     noncompliance shall be subject to subparagraph (C).
       ``(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.''.

     SEC. 7003. 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''.

             TITLE VIII--CORONAVIRUS RELIEF FUND EXTENSION

     SEC. 8001. EXTENSION OF PERIOD TO USE CORONAVIRUS RELIEF FUND 
                   PAYMENTS.

       Section 601(d)(3) of the Social Security Act (42 U.S.C. 
     801(d)(3)) is amended by striking ``December 30, 2020'' and 
     inserting ``September 30, 2021''.

                      TITLE IX--CHARITABLE GIVING

     SEC. 9001. INCREASE IN LIMITATION ON PARTIAL ABOVE THE LINE 
                   DEDUCTION FOR CHARITABLE CONTRIBUTIONS.

       (a) Increase.--
       (1) In general.--Paragraph (22) of section 62(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(22) Charitable contributions.--In the case of a taxable 
     year beginning in 2020 of an individual to whom section 63(b) 
     applies for such taxable year, the deduction under section 
     170(a) (determined without regard to section 170(b)) for 
     qualified charitable contributions (not in excess of the 
     applicable amount).''.
       (2) Applicable amount.--Paragraph (1) of section 62(f) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(1) Applicable amount.--The term `applicable amount' 
     means $600 (twice such amount in the case of a joint 
     return).''.
       (3) Conforming amendment.--Section 62(f)(2)(B) of such Code 
     is amended by striking ``(determined without regard to 
     subsection (b) thereof)''.
       (b) Penalty for Underpayments Attributable to Overstated 
     Deduction.--
       (1) In general.--Section 6662(b) of the Internal Revenue 
     Code of 1986 is amended by inserting after paragraph (8) the 
     following:
       ``(9) Any overstatement of qualified charitable 
     contributions (as defined in section 62(f)).''.
       (2) Increased penalty.--Section 6662 of such Code is 
     amended by adding at the end the following new subsection:
       ``(l) Increase in Penalty in Case of Overstatement of 
     Qualified Charitable Contributions.--In the case of any 
     portion of an underpayment which is attributable to one or 
     more overstatements of a qualified charitable contribution 
     (as defined in section 62(f)), subsection (a) shall be 
     applied with respect to such portion by substituting `50 
     percent' for `20 percent'.''.
       (3) Exception to approval of assessment.--Section 
     6751(b)(2)(A) is amended by striking ``or 6655'' and 
     inserting ``6655, or 6662 (but only with respect to an 
     addition to tax by reason of subsection (b)(9) thereof)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

                       TITLE X--CRITICAL MINERALS

     SEC. 10001. 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 3168(c) of the 
     National Defense Authorization Act for Fiscal Year 2021.
       ``(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--

[[Page S5973]]

       (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 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

[[Page S5974]]

     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 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--

[[Page S5975]]

       (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.--
       (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. 10002. 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.

[[Page S5976]]

  


                   TITLE XI--MISCELLANEOUS PROVISIONS

     SEC. 11001. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided by this division and 
     the amendments made by this division are designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
       (b) Designation in Senate.--In the Senate, this division 
     and the amendments made by this division 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.

DIVISION B--CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS 
                               ACT, 2020

       
       The following sums are hereby are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2020, and for other 
     purposes, namely:

                                TITLE I

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

   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.

                     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 as 
     authorized by section 6101 of division A of this Act:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        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'', $31,000,000,000, 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 Act will be affordable 
     in the commercial market:  Provided further, That in carrying 
     out the previous proviso, the Secretary shall not take 
     actions that delay the development of such products:  
     Provided further, That 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, not 
     more than $2,000,000,000, to remain available until September 
     30, 2022, shall be for activities to improve and sustain 
     State medical stockpiles, as described in the amendments made 
     by section 7002 of division A of this 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 amounts provided in the eleventh 
     proviso may be for necessary expenses related to the 
     sustained on-shore manufacturing capacity for public health 
     emergencies, as described in the amendments made by section 
     7001 of division A of this Act:  Provided further, That of 
     the amount appropriated under this paragraph 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

[[Page S5977]]

     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'', $16,000,000,000, to remain 
     available until September 30, 2022, 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 provided in the preceding proviso under this paragraph 
     in this Act shall be made available within 30 days of the 
     date of enactment of this Act:  Provided further, That the 
     amount identified in the first proviso under this paragraph 
     in this Act 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 fourth 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 Act 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 not later 
     than 60 days after enactment, and every quarter thereafter 
     until funds are expended, the Governor or designee of each 
     State, locality, territory, tribe, or tribal organization 
     receiving funds shall report to the Secretary on uses of 
     funding, detailing current commitments and obligations broken 
     out by the coronavirus supplemental appropriations Act that 
     provided the source of funds:  Provided further, That not 
     later than 15 days after receipt of such reports, the 
     Secretary shall summarize and report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     on States' commitments and obligations of funding:  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.

                        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. 101. (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 102 of this title.
       (2) 67 percent to carry out section 103 of this title.
       (3) 28 percent to carry out section 104 of this title.

               governor's emergency education relief fund

       Sec. 102. (a) Grants.--From funds reserved under section 
     101(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 103(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 Act, 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. 103. (a) Grants.--From funds reserved under section 
     101(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 may 
     provide services and assistance to local educational

[[Page S5978]]

     agencies and non-public schools, consistent with the 
     provisions of this title. After carrying out the reservation 
     of funds in section 105 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 105 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.--With funds not otherwise allocated or 
     reserved under this section, a State may reserve not more 
     than 1/2 of 1 percent of its grant under this section 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 Act, in such

[[Page S5979]]

     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 105 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 105 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 105 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. 104. (a) In General.--From funds reserved under 
     section 101(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 104(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 
     104(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 104(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 
     104(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 104(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 Act, 
     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. 105. (a) Funds Availability.--From the payment 
     provided by the Secretary under section 103 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 
     may award subgrants--
       (1) to eligible scholarship-granting organizations for 
     carrying out section 6001 of division A of this Act; and
       (2) to non-public schools accredited or otherwise located 
     in and licensed to operate in the State based on the number 
     of students enrolled in the non-public school 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

[[Page S5980]]

     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 103(c)(2)(C) of this 
     title.
       (c) A Governor shall allocate not less than 50 percent of 
     the funds reserved in this section to non-public schools or 
     eligible scholarship-granting organizations 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. 106.  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. 107.  Except as otherwise provided in sections 101-106 
     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.

                     GENERAL PROVISION--THIS TITLE

       Sec. 108.  Not later than 30 days after the date of 
     enactment of this Act, the Secretaries of 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.

                                TITLE II

                       DEPARTMENT OF AGRICULTURE

                         AGRICULTURAL PROGRAMS

                        Office of the Secretary

       For an additional amount for the ``Office of the 
     Secretary'', $20,000,000,000, to remain available until 
     expended, to prevent, prepare for, and respond to coronavirus 
     by providing support for agricultural producers, growers, and 
     processors impacted by coronavirus, including producers, 
     growers, and processors of specialty crops, non-specialty 
     crops, dairy, livestock and poultry, including livestock and 
     poultry depopulated due to insufficient processing access and 
     growers who produce livestock or poultry under a contract for 
     another entity:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                               TITLE III

                         DEPARTMENT OF COMMERCE

                     fisheries disaster assistance

       For an additional amount for ``Fisheries Disaster 
     Assistance'', $500,000,000, to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which shall be 
     for activities authorized under section 12005 of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136):  Provided, That the formula prescribed by the 
     Secretary of Commerce to allocate the amount provided under 
     this heading in this Act shall be divided proportionally to 
     States, Tribes, and territories and shall be the same as the 
     formula used for funds appropriated under section 12005 of 
     Public Law 116-136, but shall be calculated to also evenly 
     weight the 5-year total annual average domestic landings for 
     each State, Tribe, and territory:  Provided further, That the 
     amount provided under this heading in this Act shall only be 
     allocated to States of the United States in, or bordering on, 
     the Atlantic, Pacific, or Arctic Ocean, or the Gulf of 
     Mexico, as well as to Puerto Rico, the Virgin Islands, Guam, 
     the Commonwealth of the Northern Mariana Islands, American 
     Samoa, Federally Recognized Tribes on the West Coast, and 
     Federally Recognized Tribes in Alaska:  Provided further, 
     That no State, Tribe, or territory shall receive a total 
     amount in a fiscal year that is from amounts provided under 
     either section 12005 of Public Law 116-136 or amounts 
     provided under this heading in this Act that exceeds that 
     State, Tribe, or territory's total annual average revenue 
     from commercial fishing operations, aquaculture firms, the 
     seafood supply chain, and charter fishing businesses:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 402.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 403.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2020.
       Sec. 404.  In this Act, the term ``coronavirus'' means 
     SARS-CoV-2 or another coronavirus with pandemic potential.
       Sec. 405.  Each amount designated in this Act by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 shall be available (or rescinded 
     or transferred, if applicable) only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 406.  Any amount appropriated by this Act, designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and subsequently so designated by 
     the President, and transferred pursuant to transfer 
     authorities provided by this Act shall retain such 
     designation.

                           budgetary effects

       Sec. 407. (a) Statutory PAYGO Scorecards.--The budgetary 
     effects of this division shall not be entered on either PAYGO 
     scorecard maintained pursuant to section 4(d) of the 
     Statutory Pay As-You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     division shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress).
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(7) 
     and (c)(8) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the budgetary effects of this division 
     shall be estimated for purposes of section 251 of such Act.
       (d) Ensuring No Within-Session Sequestration.--Solely for 
     the purpose of calculating a breach within a category for 
     fiscal year 2020 pursuant to section 251(a)(6) or section 
     254(g) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985, and notwithstanding any other provision of this 
     division, the budgetary effects from this division shall be 
     counted as amounts designated as being for an emergency 
     requirement pursuant to section 251(b)(2)(A) of such Act.
       This division may be cited as the ``Coronavirus Response 
     Additional Supplemental Appropriations Act, 2020''.
                                 ______
                                 
      By Ms. HIRONO (for herself, Mr. Brown, Mrs. Murray, Mr. Sanders, 
        Ms. Duckworth, Mr. Schatz, Mr. Cardin, and Ms. Warren):
  S. 4777. A bill to restore leave lost by Federal employees during 
certain public health emergencies, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Ms. HIRONO. Mr. President, today I rise to introduce a bill that 
provides fairness to our Federal employees who work day in and day out 
to help the government function and serve the public. The importance of 
their role has become even more apparent as our Nation continues to 
suffer in the midst of a global pandemic.
  In a normal year, the average Federal employee can accumulate up to 
240 hours, or 30 days, of annual leave. At the end of the year, if a 
Federal employee has more than 240 hours, they either have to use the 
amount of leave over 240 hours or lose it. These excess hours are 
commonly known as ``use or lose'' leave.
  But these are not normal times. We are in the middle of a global 
pandemic and we have a President who lies about how dangerous this 
virus is and does little to address the severity of it. We see the 
results, nearly seven million people in the United States have 
contracted COVID-19 and more than 200,000 have died. The United States 
now has the unenviable distinction of being the Nation with the most 
COVID-19 cases and the most deaths.

[[Page S5981]]

  Through all of this, people continue to go to work and try to carry 
out their duties the best they can. In the Federal Government, there 
are National Institutes of Health researchers, Internal Revenue Service 
workers, Social Security staff, law enforcement officers, and others, 
working each day to provide government services to the American public. 
Some are not able to take leave because their job is a critical part of 
the response to the pandemic. Others are simply unable to take leave 
because they are limiting their exposure to the virus or are following 
state and local rules to prevent the spread of COVID-19.
  To try and address this issue, on August 10, the Office of Personnel 
Management published an interim rule that recognizes the COVID-19 
pandemic as an ``exigency of the public business'' and allows some 
federal employees to carry over use or lose leave. However, this policy 
is limited to employees who are designated as essential by their 
agency.
  This contrasts with the Department of Defense which issued a memo on 
April 16, allowing all active-duty service members to accrue leave in 
excess of their 60-day limitation, regardless of job responsibilities 
or duty station. All Federal employees contribute to their agency's 
mission, regardless of the job they hold. No one should lose earned 
annual leave due to this pandemic.
  To resolve this inequity, I am introducing the Federal Worker Leave 
Fairness Act which will allow all Federal employees to carry over 
annual leave above the 240 hour cap, regardless of whether they are 
considered essential. My bill also resolves this issue for future 
pandemics declared a national public health emergency by allowing ``use 
or lose'' leave to be rolled over during the emergency declaration.
  This legislation is being introduced in the House by Representatives 
Derek Kilmer and Jennifer Wexton and is supported by the National 
Treasury Employees Union; American Federation of Government Employees; 
Federal Law Enforcement Officers Association; International Federation 
of Professional and Technical Engineers; National Federation of Federal 
Employees; Federal Managers Association; FAA Managers Association; 
National Active and Retired Federal Employees Association; and the 
American Federation of State, County and Municipal Employees.
  This bill is a small act of fairness in an otherwise stressful and 
overwhelming year. I urge my colleagues to support this bill in 
recognition of our hardworking federal workforce.
  I yield the floor.

                          ____________________