[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.
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