[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5202-H5435]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           NORTH AMERICAN WETLANDS CONSERVATION EXTENSION ACT

  Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 1161, I call up 
the bill (H.R. 925) to extend the authorization of appropriations for 
allocation to carry out approved wetlands conservation projects under 
the North American Wetlands Conservation Act through fiscal year 2024, 
with the Senate amendments thereto, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendments.
  Senate amendments:
Strike all after the enacting clause and insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``America's 
     Conservation Enhancement Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

Sec. 101. Theodore Roosevelt Genius Prize for reducing human-predator 
              conflict.
Sec. 102. Losses of livestock due to depredation by federally protected 
              species.
Sec. 103. Depredation permits for black vultures and common ravens.
Sec. 104. Chronic Wasting Disease Task Force.
Sec. 105. Invasive species.
Sec. 106. North American Wetlands Conservation Act.
Sec. 107. National Fish and Wildlife Foundation Establishment Act.
Sec. 108. Modification of definition of sport fishing equipment under 
              Toxic Substances Control Act.
Sec. 109. Reauthorization of Chesapeake Bay Program.
Sec. 110. Reauthorization of Chesapeake Bay Initiative Act of 1998.
Sec. 111. Chesapeake watershed investments for landscape defense.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. National Fish Habitat Board.
Sec. 204. Fish Habitat Partnerships.
Sec. 205. Fish Habitat Conservation Projects.
Sec. 206. Technical and scientific assistance.
Sec. 207. Coordination with States and Indian Tribes.
Sec. 208. Interagency Operational Plan.
Sec. 209. Accountability and reporting.
Sec. 210. Effect of this title.
Sec. 211. Nonapplicability of Federal Advisory Committee Act.
Sec. 212. Funding.
Sec. 213. Prohibition against implementation of regulatory authority by 
              Federal agencies through Partnerships.

                        TITLE III--MISCELLANEOUS

Sec. 301. Sense of the Senate regarding conservation agreements and 
              activities.
Sec. 302. Study to review conservation factors.
Sec. 303. Study and report on expenditures.
Sec. 304. Use of value of land for cost sharing.

         TITLE I--WILDLIFE ENHANCEMENT, DISEASE, AND PREDATION

     SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE FOR REDUCING HUMAN-
                   PREDATOR CONFLICT.

       (a) In General.--Section 7001(d) of the John D. Dingell, 
     Jr. Conservation, Management, and Recreation Act (16 U.S.C. 
     742b note; Public Law 116-9) is amended--
       (1) in paragraphs (2)(C)(v), (3)(C)(v), (4)(C)(v), 
     (5)(C)(v), and (6)(C)(v), by striking ``paragraph (7)(A)'' 
     each place it appears and inserting ``paragraph (8)(A)'';
       (2) in paragraphs (2)(D)(ii), (2)(F)(ii), (3)(D)(ii), 
     (3)(F)(ii), (4)(D)(ii), (4)(F)(ii), (5)(D)(ii), (5)(F)(ii), 
     (6)(D)(ii), and (6)(F)(ii) by striking ``paragraph (7)(B)'' 
     each place it appears and inserting ``paragraph (8)(B)'';
       (3) in paragraph (6)(C)(iv), in the matter preceding clause 
     (i), by striking ``subparagraph (C)'' and inserting ``clause 
     (iii)'';
       (4) by redesignating paragraph (7) as paragraph (8);
       (5) by inserting after paragraph (6) the following:
       ``(7) Theodore roosevelt genius prize for reducing human-
     predator conflict.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Board.--The term `Board' means the Reducing Human-
     Predator Conflict Technology Advisory Board established by 
     subparagraph (C)(i).
       ``(ii) Prize competition.--The term `prize competition' 
     means the Theodore Roosevelt Genius Prize for reducing human-
     predator conflict established under subparagraph (B).
       ``(B) Authority.--Not later than 180 days after the date of 
     enactment of the America's Conservation Enhancement Act, the 
     Secretary shall establish under section 24 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a 
     prize competition, to be known as the `Theodore Roosevelt 
     Genius Prize for reducing human-predator conflict'--
       ``(i) to encourage technological innovation with the 
     potential to advance the mission of the United States Fish 
     and Wildlife Service with respect to reducing the frequency 
     of human-predator conflict using nonlethal means; and
       ``(ii) to award 1 or more prizes annually for a 
     technological advancement that promotes reducing human-
     predator conflict using nonlethal means, which may include 
     the application and monitoring of tagging technologies.
       ``(C) Advisory board.--
       ``(i) Establishment.--There is established an advisory 
     board, to be known as the `Reducing

[[Page H5203]]

     Human-Predator Conflict Technology Advisory Board'.
       ``(ii) Composition.--The Board shall be composed of not 
     fewer than 9 members appointed by the Secretary, who shall 
     provide expertise in--

       ``(I) predator-human interactions;
       ``(II) the habitats of large predators;
       ``(III) biology;
       ``(IV) technology development;
       ``(V) engineering;
       ``(VI) economics;
       ``(VII) business development and management; and
       ``(VIII) any other discipline, as the Secretary determines 
     to be necessary to achieve the purposes of this paragraph.

       ``(iii) Duties.--Subject to clause (iv), with respect to 
     the prize competition, the Board shall--

       ``(I) select a topic;
       ``(II) issue a problem statement;
       ``(III) advise the Secretary regarding any opportunity for 
     technological innovation to reduce human-predator conflict 
     using nonlethal means; and
       ``(IV) advise winners of the prize competition regarding 
     opportunities to pilot and implement winning technologies in 
     relevant fields, including in partnership with conservation 
     organizations, Federal or State agencies, federally 
     recognized Indian Tribes, private entities, and research 
     institutions with expertise or interest relating to reducing 
     human-predator conflict using nonlethal means.

       ``(iv) Consultation.--In selecting a topic and issuing a 
     problem statement for the prize competition under subclauses 
     (I) and (II) of clause (iii), respectively, the Board shall 
     consult widely with Federal and non-Federal stakeholders, 
     including--

       ``(I) 1 or more Federal agencies with jurisdiction over the 
     management of native wildlife species at risk due to conflict 
     with human activities;
       ``(II) 1 or more State agencies with jurisdiction over the 
     management of native wildlife species at risk due to conflict 
     with human activities;
       ``(III) 1 or more State, regional, or local wildlife 
     organizations, the mission of which relates to the management 
     of native wildlife species at risk due to conflict with human 
     activities; and
       ``(IV) 1 or more wildlife conservation groups, technology 
     companies, research institutions, institutions of higher 
     education, industry associations, or individual stakeholders 
     with an interest in the management of native wildlife species 
     at risk due to conflict with human activities.

       ``(v) Requirements.--The Board shall comply with all 
     requirements under paragraph (8)(A).
       ``(D) Agreement with national fish and wildlife 
     foundation.--
       ``(i) In general.--The Secretary shall offer to enter into 
     an agreement under which the National Fish and Wildlife 
     Foundation shall administer the prize competition.
       ``(ii) Requirements.--An agreement entered into under 
     clause (i) shall comply with all requirements under paragraph 
     (8)(B).
       ``(E) Judges.--
       ``(i) Appointment.--The Secretary shall appoint not fewer 
     than 3 judges who shall, except as provided in clause (ii), 
     select the 1 or more annual winners of the prize competition.
       ``(ii) Determination by secretary.--The judges appointed 
     under clause (i) shall not select any annual winner of the 
     prize competition if the Secretary makes a determination 
     that, in any fiscal year, none of the technological 
     advancements entered into the prize competition merits an 
     award.
       ``(F) Consultation with noaa.--The Secretary shall consult 
     with the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, in the case of a cash prize awarded under the 
     prize competition for a technology that addresses conflict 
     between marine predators under the jurisdiction of the 
     Secretary of Commerce, acting through the Administrator of 
     the National Oceanic and Atmospheric Administration, and 
     humans.
       ``(G) Report to congress.--Not later than 60 days after the 
     date on which a cash prize is awarded under this paragraph, 
     the Secretary shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report on the 
     prize competition that includes--
       ``(i) a statement by the Board that describes the 
     activities carried out by the Board relating to the duties 
     described in subparagraph (C)(iii);
       ``(ii) if the Secretary has entered into an agreement under 
     subparagraph (D)(i), a statement by the National Fish and 
     Wildlife Foundation that describes the activities carried out 
     by the National Fish and Wildlife Foundation relating to the 
     duties described in paragraph (8)(B); and
       ``(iii) a statement by 1 or more of the judges appointed 
     under subparagraph (E) that explains the basis on which the 
     winner of the cash prize was selected.
       ``(H) Termination of authority.--The Board and all 
     authority provided under this paragraph shall terminate on 
     December 31, 2023.''; and
       (6) in paragraph (8) (as so redesignated)--
       (A) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``or (6)(C)(i)'' and inserting ``(6)(C)(i), 
     or (7)(C)(i)''; and
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking ``or 
     (6)(D)(i)'' and inserting ``(6)(D)(i), or (7)(D)(i)''; and
       (ii) in clause (i)(VII), by striking ``and (6)(E)'' and 
     inserting ``(6)(E), and (7)(E)''.
       (b) Sense of Congress.--It is the sense of Congress that 
     data collected from the tagging of predators can inform 
     innovative management of those predators and innovative 
     education activities to minimize human-predator conflict.

     SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY 
                   PROTECTED SPECIES.

       (a) Definitions.--In this section:
       (1) Depredation.--
       (A) In general.--The term ``depredation'' means actual 
     death, injury, or destruction of livestock that is caused by 
     a federally protected species.
       (B) Exclusions.--The term ``depredation'' does not include 
     damage to real or personal property other than livestock, 
     including--
       (i) damage to--

       (I) other animals;
       (II) vegetation;
       (III) motor vehicles; or
       (IV) structures;

       (ii) diseases;
       (iii) lost profits; or
       (iv) consequential damages.
       (2) Federally protected species.--The term ``federally 
     protected species'' means a species that is or previously was 
     protected under--
       (A) the Act of June 8, 1940 (commonly known as the ``Bald 
     and Golden Eagle Protection Act'') (54 Stat. 250, chapter 
     278; 16 U.S.C. 668 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); or
       (C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
       (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) Livestock.--
       (A) In general.--The term ``livestock'' means horses, mules 
     and asses, rabbits, llamas, cattle, bison, swine, sheep, 
     goats, poultry, bees, honey and beehives, or any other animal 
     generally used for food or in the production of food or 
     fiber.
       (B) Inclusion.--The term ``livestock'' includes guard 
     animals actively engaged in the protection of livestock 
     described in subparagraph (A).
       (5) Program.--The term ``program'' means the grant program 
     established under subsection (b)(1).
       (6) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (B) the Secretary of Agriculture, acting through the 
     Administrator of the Animal and Plant Health Inspection 
     Service.
       (b) Grant Program for Losses of Livestock Due to 
     Depredation by Federally Protected Species.--
       (1) In general.--The Secretaries shall establish a program 
     to provide grants to States and Indian tribes to supplement 
     amounts provided by States, Indian tribes, or State agencies 
     under 1 or more programs established by the States and Indian 
     tribes (including programs established after the date of 
     enactment of this Act)--
       (A) to assist livestock producers in carrying out--
       (i) proactive and nonlethal activities to reduce the risk 
     of livestock loss due to depredation by federally protected 
     species occurring on--

       (I) Federal, State, or private land within the applicable 
     State; or
       (II) land owned by, or held in trust for the benefit of, 
     the applicable Indian tribe; and

       (ii) research relating to the activities described in 
     clause (i); and
       (B) to compensate livestock producers for livestock losses 
     due to depredation by federally protected species occurring 
     on--
       (i) Federal, State, or private land within the applicable 
     State; or
       (ii) land owned by, or held in trust for the benefit of, 
     the applicable Indian tribe.
       (2) Allocation of funding.--
       (A) Reports to the secretaries.--Not later than September 
     30 of each year, a State or Indian tribe desiring to receive 
     a grant under the program shall submit to the Secretaries a 
     report describing, for the 1-year period ending on that 
     September 30, the losses of livestock due to depredation by 
     federally protected species occurring on--
       (i) Federal, State, or private land within the applicable 
     State; or
       (ii) land owned by, or held in trust for the benefit of, 
     the applicable Indian tribe.
       (B) Allocation.--The Secretaries shall allocate available 
     funding to carry out this Act among States and Indian tribes 
     for a 1-year period ending on September 30 based on the 
     losses described in the reports submitted for the previous 1-
     year period ending on September 30 under subparagraph (A).
       (3) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), a State or Indian tribe shall--
       (A) designate an appropriate agency of the State or Indian 
     tribe to administer the 1 or more programs supplemented by 
     the grant funds;
       (B) establish 1 or more accounts to receive grant funds;
       (C) maintain files of all claims received and paid under 
     grant-funded programs, including supporting documentation; 
     and
       (D) submit to the Secretaries--
       (i) annual reports that include--

       (I) a summary of claims and expenditures under the program 
     during the year; and
       (II) a description of any action taken on the claims; and

       (ii) such other reports as the Secretaries may require to 
     assist the Secretaries in determining the effectiveness of 
     assisted activities under this section.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) no State or Indian tribe is required to participate in 
     the program; and
       (2) the program supplements, and does not replace or 
     supplant, any State compensation programs for depredation.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry

[[Page H5204]]

     out this section $15,000,000 for each of fiscal years 2021 
     through 2025, of which--
       (1) $5,000,000 shall be used to provide grants for the 
     purposes described in subsection (b)(1)(A); and
       (2) $10,000,000 shall be used to provide grants for the 
     purpose described in subsection (b)(1)(B).

     SEC. 103. DEPREDATION PERMITS FOR BLACK VULTURES AND COMMON 
                   RAVENS.

       (a) In General.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service (referred to in this section as the ``Secretary''), 
     may issue depredation permits to livestock producers 
     authorizing takings of black vultures or common ravens 
     otherwise prohibited by Federal law to prevent those vultures 
     or common ravens from taking livestock during the calving 
     season or lambing season.
       (b) Limited to Affected States or Regions.--The Secretary 
     may issue permits under subsection (a) only to livestock 
     producers in States and regions in which livestock producers 
     are affected or have been affected in the previous year by 
     black vultures or common ravens, as determined by Secretary.
       (c) Reporting.--The Secretary shall require, as a condition 
     of a permit under subsection (a), that the permit holder 
     shall report to the appropriate enforcement agencies the 
     takings of black vultures or common ravens pursuant to the 
     permit.

     SEC. 104. CHRONIC WASTING DISEASE TASK FORCE.

       (a) Definition of Chronic Wasting Disease.--In this 
     section, the term ``chronic wasting disease'' means the 
     animal disease afflicting deer, elk, and moose populations 
     that--
       (1) is a transmissible disease of the nervous system 
     resulting in distinctive lesions in the brain; and
       (2) belongs to the group of diseases known as transmissible 
     spongiform encephalopathies, which group includes scrapie, 
     bovine spongiform encephalopathy, and Creutzfeldt-Jakob 
     disease.
       (b) Establishment.--
       (1) In general.--There is established within the United 
     States Fish and Wildlife Service a task force, to be known as 
     the ``Chronic Wasting Disease Task Force'' (referred to in 
     this subsection as the ``Task Force'').
       (2) Duties.--The Task Force shall--
       (A) collaborate with foreign governments to share research, 
     coordinate efforts, and discuss best management practices to 
     reduce, minimize, prevent, or eliminate chronic wasting 
     disease in the United States;
       (B) develop recommendations, including recommendations 
     based on findings of the study conducted under subsection 
     (c), and a set of best practices regarding--
       (i) the interstate coordination of practices to prevent the 
     new introduction of chronic wasting disease;
       (ii) the prioritization and coordination of the future 
     study of chronic wasting disease, based on evolving research 
     needs;
       (iii) ways to leverage the collective resources of Federal, 
     State, and local agencies, Indian Tribes, and foreign 
     governments, and resources from private, nongovernmental 
     entities, to address chronic wasting disease in the United 
     States and along the borders of the United States; and
       (iv) any other area where containment or management efforts 
     relating to chronic wasting disease may differ across 
     jurisdictions;
       (C) draw from existing and future academic and management 
     recommendations to develop an interstate action plan under 
     which States and the United States Fish and Wildlife Service 
     agree to enact consistent management, educational, and 
     research practices relating to chronic wasting disease; and
       (D) facilitate the creation of a cooperative agreement by 
     which States and relevant Federal agencies agree to commit 
     funds to implement best practices described in the interstate 
     action plan developed under subparagraph (C).
       (3) Membership.--
       (A) In general.--The Task Force shall be composed of--
       (i) 1 representative of the United States Fish and Wildlife 
     Service with experience in chronic wasting disease, to be 
     appointed by the Secretary of the Interior (referred to in 
     this subsection as the ``Secretary'');
       (ii) 1 representative of the United States Geological 
     Survey;
       (iii) 2 representatives of the Department of Agriculture 
     with experience in chronic wasting disease, to be appointed 
     by the Secretary of Agriculture--

       (I) 1 of whom shall have expertise in research; and
       (II) 1 of whom shall have expertise in wildlife management;

       (iv) in the case of each State in which chronic wasting 
     disease among elk, mule deer, white-tailed deer, or moose has 
     been reported to the appropriate State agency, not more than 
     2 representatives, to be nominated by the Governor of the 
     State--

       (I) not more than 1 of whom shall be a representative of 
     the State agency with jurisdiction over wildlife management 
     or wildlife disease in the State; and
       (II) in the case of a State with a farmed cervid program or 
     economy, not more than 1 of whom shall be a representative of 
     the State agency with jurisdiction over farmed cervid 
     regulation in the State;

       (v) in the case of each State in which chronic wasting 
     disease among elk, mule deer, white-tailed deer, or moose has 
     not been documented, but that has carried out measures to 
     prevent the introduction of chronic wasting disease among 
     those species, not more than 2 representatives, to be 
     nominated by the Governor of the State;
       (vi) not more than 2 representatives from an Indian tribe 
     or tribal organization chosen in a process determined, in 
     consultation with Indian tribes, by the Secretary; and
       (vii) not more than 5 nongovernmental members with relevant 
     expertise appointed, after the date on which the members are 
     first appointed under clauses (i) through (vi), by a majority 
     vote of the State representatives appointed under clause 
     (iv).
       (B) Effect.--Nothing in this paragraph requires a State to 
     participate in the Task Force.
       (4) Co-chairs.--The Co-Chairs of the Task Force shall be--
       (A) the Federal representative described in paragraph 
     (3)(A)(i); and
       (B) 1 State representative appointed under paragraph 
     (3)(A)(iv), to be selected by a majority vote of those State 
     representatives.
       (5) Date of initial appointment.--
       (A) In general.--The members of the Task Force shall be 
     appointed not later than 180 days after the date on which the 
     study is completed under subsection (c).
       (B) Notification.--On appointment of the members of the 
     Task Force, the Co-Chairs of the Task Force shall notify the 
     Chairs and Ranking Members of the Committees on Environment 
     and Public Works of the Senate and Natural Resources of the 
     House of Representatives.
       (6) Vacancies.--Any vacancy in the members appointed to the 
     Task Force--
       (A) shall not affect the power or duty of the Task Force; 
     and
       (B) shall be filled not later than 30 days after the date 
     of the vacancy.
       (7) Meetings.--The Task Force shall convene--
       (A) not less frequently than twice each year; and
       (B) at such time and place, and by such means, as the Co-
     Chairs of the Task Force determine to be appropriate, which 
     may include the use of remote conference technology.
       (8) Interstate action plan.--
       (A) In general.--Not later than 1 year after the date on 
     which the members of the Task Force are appointed, the Task 
     Force shall submit to the Secretary, and the heads of the 
     State agencies with jurisdiction over wildlife disease and 
     farmed cervid regulation of each State with a representative 
     on the Task Force, the interstate action plan developed by 
     the Task Force under paragraph (2)(C).
       (B) Cooperative agreements.--
       (i) In general.--To the maximum extent practicable, the 
     Secretary, any other applicable Federal agency, and each 
     applicable State shall enter into a cooperative agreement to 
     fund necessary actions under the interstate action plan 
     submitted under subparagraph (A).
       (ii) Target date.--The Secretary shall make the best effort 
     of the Secretary to enter into any cooperative agreement 
     under clause (i) not later than 180 days after the date of 
     submission of the interstate action plan under subparagraph 
     (A).
       (C) Matching funds.--
       (i) In general.--Subject to clause (ii), for each fiscal 
     year, the United States Fish and Wildlife Service shall 
     provide funds to carry out an interstate action plan through 
     a cooperative agreement under subparagraph (B) in the amount 
     of funds provided by the applicable States.
       (ii) Limitation.--The amount provided by the United State 
     Fish and Wildlife Service under clause (i) for a fiscal year 
     shall be not greater than $5,000,000.
       (9) Reports.--Not later than September 30 of the first full 
     fiscal year after the date on which the first members of the 
     Task Force are appointed, and each September 30 thereafter, 
     the Task Force shall submit to the Secretary, and the heads 
     of the State agencies with jurisdiction over wildlife disease 
     and farmed cervid regulation of each State with a 
     representatives on the Task Force, a report describing--
       (A) progress on the implementation of actions identified in 
     the interstate action plan submitted under paragraph (8)(A), 
     including the efficacy of funding under the cooperative 
     agreement entered into under paragraph (8)(B);
       (B) updated resource requirements that are needed to reduce 
     and eliminate chronic wasting disease in the United States;
       (C) any relevant updates to the recommended best management 
     practices included in the interstate action plan submitted 
     under paragraph (8)(B) to reduce or eliminate chronic wasting 
     disease;
       (D) new research findings and emerging research needs 
     relating to chronic wasting disease; and
       (E) any other relevant information.
       (c) Chronic Wasting Disease Transmission in Cervidae 
     Resource Study.--
       (1) Definitions.--In this subsection:
       (A) Academy.--The term ``Academy'' means the National 
     Academy of Sciences.
       (B) Cervid.--The term ``cervid'' means any species within 
     the family Cervidae.
       (C) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Agriculture, acting through the Administrator of 
     the Animal and Plant Health Inspection Service, and the 
     Secretary of the Interior, acting through the Director of the 
     United States Geological Survey, acting jointly.
       (2) Study.--
       (A) In general.--The Secretaries shall enter into an 
     arrangement with the Academy under which the Academy shall 
     conduct, and submit to the Secretaries a report describing 
     the findings of, a special resource study to identify the 
     predominant pathways and mechanisms of the transmission of 
     chronic wasting disease in wild, captive, and farmed 
     populations of cervids in the United States.
       (B) Requirements.--The arrangement under subparagraph (A) 
     shall provide that the actual expenses incurred by the 
     Academy in conducting the study under subparagraph (A) shall 
     be paid by the Secretaries, subject to the availability of 
     appropriations.
       (3) Contents of the study.--The study under paragraph (2) 
     shall--

[[Page H5205]]

       (A) with respect to wild, captive, and farmed populations 
     of cervids in the United States, identify--
       (i)(I) the pathways and mechanisms for the transmission of 
     chronic wasting disease within live cervid populations and 
     cervid products, which may include pathways and mechanisms 
     for transmission from Canada;
       (II) the infection rates for each pathway and mechanism 
     identified under subclause (I); and
       (III) the relative frequency of transmission of each 
     pathway and mechanism identified under subclause (I);
       (ii)(I) anthropogenic and environmental factors 
     contributing to new chronic wasting disease emergence events;
       (II) the development of geographical areas with increased 
     chronic wasting disease prevalence; and
       (III) the overall geographical patterns of chronic wasting 
     disease distribution;
       (iii) significant gaps in current scientific knowledge 
     regarding the transmission pathways and mechanisms identified 
     under clause (i)(I) and potential prevention, detection, and 
     control methods identified under clause (v);
       (iv) for prioritization the scientific research projects 
     that will address the knowledge gaps identified under clause 
     (iii), based on the likelihood that a project will contribute 
     significantly to the prevention or control of chronic wasting 
     disease; and
       (v) potential prevention, detection, or control measures, 
     practices, or technologies to be used to mitigate the 
     transmission and spread of chronic wasting disease in wild, 
     captive, and farmed populations of cervids in the United 
     States;
       (B) assess the effectiveness of the potential prevention, 
     detection, or control measures, practices, or technologies 
     identified under subparagraph (A)(v); and
       (C) review and compare science-based best practices, 
     standards, and guidance regarding the prevention, detection, 
     and management of chronic wasting disease in wild, captive, 
     and farmed populations of cervids in the United States that 
     have been developed by--
       (i) the National Chronic Wasting Disease Herd Certification 
     Program of the Animal and Plant Health Inspection Service;
       (ii) the United States Geological Survey;
       (iii) State wildlife and agricultural agencies, in the case 
     of practices, standards, and guidance that provide practical, 
     science-based recommendations to State and Federal agencies 
     for minimizing or eliminating the risk of transmission of 
     chronic wasting disease in the United States; and
       (iv) industry or academia, in the case of any published 
     guidance on practices that provide practical, science-based 
     recommendations to cervid producers for minimizing or 
     eliminating the risk of transmission of chronic wasting 
     disease within or between herds.
       (4) Deadline.--The study under paragraph (2) shall be 
     completed not later than 180 days after the date on which 
     funds are first made available for the study.
       (5) Data sharing.--The Secretaries shall share with the 
     Academy, as necessary to conduct the study under paragraph 
     (2), subject to the avoidance of a violation of a privacy or 
     confidentiality requirement and the protection of 
     confidential or privileged commercial, financial, or 
     proprietary information, data and access to databases on 
     chronic wasting disease under the jurisdiction of--
       (A) the Veterinary Services Program of the Animal and Plant 
     Health Inspection Service; and
       (B) the United States Geological Survey.
       (6) Report.--Not later than 60 days after the date of 
     completion of the study, the Secretaries shall submit to the 
     Committee on Agriculture, Nutrition, and Forestry, the 
     Committee on Energy and Natural Resources, and the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Agriculture and the Committee on Natural 
     Resources of the House of Representatives a report that 
     describes--
       (A) the findings of the study; and
       (B) any conclusions and recommendations that the 
     Secretaries determine to be appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) for the period of fiscal years 2021 through 2025, 
     $5,000,000 to the Secretary of the Interior, acting through 
     the Director of the United States Fish and Wildlife Service, 
     to carry out administrative activities under subsection (b);
       (2) for fiscal year 2021, $1,200,000 to the Secretary of 
     the Interior, acting through the Director of the United 
     States Geological Survey, to carry out activities to fund 
     research under subsection (c); and
       (3) for fiscal year 2021, $1,200,000 to the Secretary of 
     Agriculture, acting through the Administrator of the Animal 
     and Plant Health Inspection Service, to carry out activities 
     to fund research under subsection (c).

     SEC. 105. INVASIVE SPECIES.

       Section 10 of the Fish and Wildlife Coordination Act (16 
     U.S.C. 666c-1) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) by redesignating clauses (i) and (ii) as clauses (ii) 
     and (iii), respectively; and
       (ii) by inserting before clause (ii) (as so redesignated) 
     the following:
       ``(i) relevant Federal agencies;'';
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) in consultation with stakeholders, including 
     nongovernmental organizations and industry;''; and
       (2) by adding at the end the following:
       ``(p) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section for 
     each of fiscal years 2021 through 2025--
       ``(1) $2,500,000 to the Secretary of the Army, acting 
     through the Chief of Engineers; and
       ``(2) $2,500,000 to the Secretary of the Interior.''.

     SEC. 106. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)) is amended by striking ``not to 
     exceed--'' in the matter preceding paragraph (1) and all that 
     follows through paragraph (5) and inserting ``not to exceed 
     $60,000,000 for each of fiscal years 2021 through 2025.''.

     SEC. 107. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT 
                   ACT.

       (a) Board of Directors of Foundation.--
       (1) In general.--Section 3 of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
     amended--
       (A) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) Appointment of directors.--After consulting with the 
     Secretary of Commerce and considering the recommendations 
     submitted by the Board, the Secretary of the Interior shall 
     appoint 28 Directors who, to the maximum extent practicable, 
     shall--
       ``(A) be knowledgeable and experienced in matters relating 
     to the conservation of fish, wildlife, or other natural 
     resources; and
       ``(B) represent a balance of expertise in ocean, coastal, 
     freshwater, and terrestrial resource conservation.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Terms.--Each Director (other than a Director 
     described in paragraph (1)) shall be appointed for a term of 
     6 years.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (A), by striking ``(A) Officers and 
     employees may not be appointed until the Foundation has 
     sufficient funds to pay them for their service. Officers'' 
     and inserting the following:
       ``(A) In general.--Officers''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Executive director.--The Foundation shall have an 
     Executive Director who shall be--
       ``(i) appointed by, and serve at the direction of, the 
     Board as the chief executive officer of the Foundation; and
       ``(ii) knowledgeable and experienced in matters relating to 
     fish and wildlife conservation.''.
       (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) 
     is amended by striking ``Secretary of the Board'' and 
     inserting ``Executive Director of the Board''.
       (b) Rights and Obligations of Foundation.--Section 4 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3703) is amended--
       (1) in subsection (c)--
       (A) by striking ``(c) Powers.--To carry out its purposes 
     under'' and inserting the following:
       ``(c) Powers.--
       ``(1) In general.--To carry out the purposes described 
     in'';
       (B) by redesignating paragraphs (1) through (11) as 
     subparagraphs (A) through (K), respectively, and indenting 
     appropriately;
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``that are insured by an agency or 
     instrumentality of the United States'' and inserting ``at 1 
     or more financial institutions that are members of the 
     Federal Deposit Insurance Corporation or the Securities 
     Investment Protection Corporation'';
       (D) in subparagraph (E) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3) or (4)'' and inserting 
     ``subparagraph (C) or (D)'';
       (E) in subparagraph (J) (as redesignated by subparagraph 
     (B)), by striking ``and'' at the end;
       (F) by striking subparagraph (K) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(K) to receive and administer restitution and community 
     service payments, amounts for mitigation of impacts to 
     natural resources, and other amounts arising from legal, 
     regulatory, or administrative proceedings, subject to the 
     condition that the amounts are received or administered for 
     purposes that further the conservation and management of 
     fish, wildlife, plants, and other natural resources; and
       ``(L) to do acts necessary to carry out the purposes of the 
     Foundation.''; and
       (G) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Treatment of real property.--
       ``(A) In general.--For purposes of this Act, an interest in 
     real property shall be treated as including easements or 
     other rights for preservation, conservation, protection, or 
     enhancement by and for the public of natural, scenic, 
     historic, scientific, educational, inspirational, or 
     recreational resources.
       ``(B) Encumbered real property.--A gift, devise, or bequest 
     may be accepted by the Foundation even though the gift, 
     devise, or bequest is encumbered, restricted, or subject to 
     beneficial interests of private persons if any current or 
     future interest in the gift, devise, or bequest is for the 
     benefit of the Foundation.
       ``(3) Savings clause.--The acceptance and administration of 
     amounts by the Foundation under paragraph (1)(K) does not 
     alter, supersede, or limit any regulatory or statutory 
     requirement associated with those amounts.'';
       (2) by striking subsections (f) and (g); and
       (3) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (c) Authorization of Appropriations.--Section 10 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3709) is amended--

[[Page H5206]]

       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2021 through 
     2025--
       ``(A) $15,000,000 to the Secretary of the Interior;
       ``(B) $5,000,000 to the Secretary of Agriculture; and
       ``(C) $5,000,000 to the Secretary of Commerce.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Amounts from federal agencies.--
       ``(A) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a), Federal departments, 
     agencies, or instrumentalities are authorized to provide 
     funds to the Foundation through Federal financial assistance 
     grants and cooperative agreements, subject to the condition 
     that the amounts are used for purposes that further the 
     conservation and management of fish, wildlife, plants, and 
     other natural resources in accordance with this Act.
       ``(B) Advances.--Federal departments, agencies, or 
     instrumentalities may advance amounts described in 
     subparagraph (A) to the Foundation in a lump sum without 
     regard to when the expenses for which the amounts are used 
     are incurred.
       ``(C) Management fees.--The Foundation may assess and 
     collect fees for the management of amounts received under 
     this paragraph.'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``funds'' and 
     inserting ``amounts'';
       (ii) by striking ``shall be used'' and inserting ``may be 
     used''; and
       (iii) by striking ``and State and local government 
     agencies'' and inserting ``, State and local government 
     agencies, and other entities''; and
       (C) by adding at the end the following:
       ``(3) Administration of amounts.--
       ``(A) In general.--In entering into contracts, agreements, 
     or other partnerships pursuant to this Act, a Federal 
     department, agency, or instrumentality shall have discretion 
     to waive any competitive process applicable to the 
     department, agency, or instrumentality for entering into 
     contracts, agreements, or partnerships with the Foundation if 
     the purpose of the waiver is--
       ``(i) to address an environmental emergency resulting from 
     a natural or other disaster; or
       ``(ii) as determined by the head of the applicable Federal 
     department, agency, or instrumentality, to reduce 
     administrative expenses and expedite the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources.
       ``(B) Reports.--The Foundation shall include in the annual 
     report submitted under section 7(b) a description of any use 
     of the authority under subparagraph (A) by a Federal 
     department, agency, or instrumentality in that fiscal 
     year.''; and
       (3) by adding at the end the following:
       ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
     Property.--Any gifts, devises, or bequests of amounts or 
     other property, or any other amounts or other property, 
     transferred to, deposited with, or otherwise in the 
     possession of the Foundation pursuant to this Act, may be 
     made available by the Foundation to Federal departments, 
     agencies, or instrumentalities and may be accepted and 
     expended (or the disposition of the amounts or property 
     directed), without further appropriation, by those Federal 
     departments, agencies, or instrumentalities, subject to the 
     condition that the amounts or property be used for purposes 
     that further the conservation and management of fish, 
     wildlife, plants, and other natural resources.''.
       (d) Limitation on Authority.--Section 11 of the National 
     Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
     3710) is amended by inserting ``exclusive'' before 
     ``authority''.

     SEC. 108. MODIFICATION OF DEFINITION OF SPORT FISHING 
                   EQUIPMENT UNDER TOXIC SUBSTANCES CONTROL ACT.

       Section 3(2)(B) of the Toxic Substances Control Act (15 
     U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``and'' at the end;
       (2) in clause (vi) by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (vi) the following:
       ``(vii) any sport fishing equipment (as such term is 
     defined in section 4162(a) of the Internal Revenue Code of 
     1986) the sale of which is subject to the tax imposed by 
     section 4161(a) of such Code (determined without regard to 
     any exemptions from such tax provided by section 4162 or 4221 
     or any other provision of such Code), and sport fishing 
     equipment components.''.

     SEC. 109. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended by striking subsection (j) and 
     inserting the following:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) for fiscal year 2020, $90,000,000;
       ``(2) for fiscal year 2021, $90,500,000;
       ``(3) for fiscal year 2022, $91,000,000;
       ``(4) for fiscal year 2023, $91,500,000; and
       ``(5) for fiscal year 2024, $92,000,000.''.

     SEC. 110. REAUTHORIZATION OF CHESAPEAKE BAY INITIATIVE ACT OF 
                   1998.

       Section 502(c) of the Chesapeake Bay Initiative Act of 1998 
     (Public Law 105-312; 112 Stat. 2963; 129 Stat. 2579; 132 
     Stat. 691) is amended by striking ``2019'' and inserting 
     ``2025''.

     SEC. 111. CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE 
                   DEFENSE.

       (a) Definitions.--In this section:
       (1) Chesapeake bay agreements.--The term ``Chesapeake Bay 
     agreements'' means the formal, voluntary agreements--
       (A) executed to achieve the goal of restoring and 
     protecting the Chesapeake Bay watershed ecosystem and the 
     living resources of the Chesapeake Bay watershed ecosystem; 
     and
       (B) signed by the Chesapeake Executive Council.
       (2) Chesapeake bay program.--The term ``Chesapeake Bay 
     program'' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     agreements.
       (3) Chesapeake bay watershed.--The term ``Chesapeake Bay 
     watershed'' means the region that covers--
       (A) the Chesapeake Bay;
       (B) the portions of the States of Delaware, Maryland, New 
     York, Pennsylvania, Virginia, and West Virginia that drain 
     into the Chesapeake Bay; and
       (C) the District of Columbia.
       (4) Chesapeake executive council.--The term ``Chesapeake 
     Executive Council'' means the council comprised of--
       (A) the Governors of each of the States of Delaware, 
     Maryland, New York, Pennsylvania, Virginia, and West 
     Virginia;
       (B) the Mayor of the District of Columbia;
       (C) the Chair of the Chesapeake Bay Commission; and
       (D) the Administrator of the Environmental Protection 
     Agency.
       (5) Chesapeake wild program.--The term ``Chesapeake WILD 
     program'' means the nonregulatory program established by the 
     Secretary under subsection (b)(1).
       (6) Grant program.--The term ``grant program'' means the 
     Chesapeake Watershed Investments for Landscape Defense grant 
     program established by the Secretary under subsection (c)(1).
       (7) Restoration and protection activity.--The term 
     ``restoration and protection activity'' means an activity 
     carried out for the conservation, stewardship, and 
     enhancement of habitat for fish and wildlife--
       (A) to preserve and improve ecosystems and ecological 
     processes on which the fish and wildlife depend; and
       (B) for use and enjoyment by the public.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service.
       (b) Program Establishment.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     nonregulatory program, to be known as the ``Chesapeake 
     Watershed Investments for Landscape Defense program''.
       (2) Purposes.--The purposes of the Chesapeake WILD program 
     include--
       (A) coordinating restoration and protection activities 
     among Federal, State, local, and regional entities and 
     conservation partners throughout the Chesapeake Bay 
     watershed;
       (B) engaging other agencies and organizations to build a 
     broader range of partner support, capacity, and potential 
     funding for projects in the Chesapeake Bay watershed;
       (C) carrying out coordinated restoration and protection 
     activities, and providing for technical assistance, 
     throughout the Chesapeake Bay watershed--
       (i) to sustain and enhance restoration and protection 
     activities;
       (ii) to improve and maintain water quality to support fish 
     and wildlife, habitats of fish and wildlife, and drinking 
     water for people;
       (iii) to sustain and enhance water management for volume 
     and flood damage mitigation improvements to benefit fish and 
     wildlife habitat;
       (iv) to improve opportunities for public access and 
     recreation in the Chesapeake Bay watershed consistent with 
     the ecological needs of fish and wildlife habitat;
       (v) to facilitate strategic planning to maximize the 
     resilience of natural ecosystems and habitats under changing 
     watershed conditions;
       (vi) to engage the public through outreach, education, and 
     citizen involvement to increase capacity and support for 
     coordinated restoration and protection activities in the 
     Chesapeake Bay watershed;
       (vii) to sustain and enhance vulnerable communities and 
     fish and wildlife habitat;
       (viii) to conserve and restore fish, wildlife, and plant 
     corridors; and
       (ix) to increase scientific capacity to support the 
     planning, monitoring, and research activities necessary to 
     carry out coordinated restoration and protection activities.
       (3) Duties.--In carrying out the Chesapeake WILD program, 
     the Secretary shall--
       (A) draw on existing plans for the Chesapeake Bay 
     watershed, or portions of the Chesapeake Bay watershed, 
     including the Chesapeake Bay agreements, and work in 
     consultation with applicable management entities, including 
     Chesapeake Bay program partners, such as the Federal 
     Government, State and local governments, the Chesapeake Bay 
     Commission, and other regional organizations, as appropriate, 
     to identify, prioritize, and implement restoration and 
     protection activities within the Chesapeake Bay watershed;
       (B) adopt a Chesapeake Bay watershed-wide strategy that--
       (i) supports the implementation of a shared set of science-
     based restoration and protection activities developed in 
     accordance with subparagraph (A); and
       (ii) targets cost-effective projects with measurable 
     results; and
       (C) establish the grant program in accordance with 
     subsection (c).
       (4) Coordination.--In establishing the Chesapeake WILD 
     program, the Secretary shall consult, as appropriate, with--
       (A) the heads of Federal agencies, including--
       (i) the Administrator of the Environmental Protection 
     Agency;
       (ii) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (iii) the Chief of the Natural Resources Conservation 
     Service;

[[Page H5207]]

       (iv) the Chief of Engineers;
       (v) the Director of the United States Geological Survey;
       (vi) the Secretary of Transportation;
       (vii) the Chief of the Forest Service; and
       (viii) the head of any other applicable agency;
       (B) the Governors of each of the States of Delaware, 
     Maryland, New York, Pennsylvania, Virginia, and West Virginia 
     and the Mayor of the District of Columbia;
       (C) fish and wildlife joint venture partnerships; and
       (D) other public agencies and organizations with authority 
     for the planning and implementation of conservation 
     strategies in the Chesapeake Bay watershed.
       (c) Grants and Technical Assistance.--
       (1) Chesapeake wild grant program.--To the extent that 
     funds are made available to carry out this subsection, the 
     Secretary shall establish and carry out, as part of the 
     Chesapeake WILD program, a voluntary grant and technical 
     assistance program, to be known as the ``Chesapeake Watershed 
     Investments for Landscape Defense grant program'', to provide 
     competitive matching grants of varying amounts and technical 
     assistance to eligible entities described in paragraph (2) to 
     carry out activities described in subsection (b)(2).
       (2) Eligible entities.--The following entities are eligible 
     to receive a grant and technical assistance under the grant 
     program:
       (A) A State.
       (B) The District of Columbia.
       (C) A unit of local government.
       (D) A nonprofit organization.
       (E) An institution of higher education.
       (F) Any other entity that the Secretary determines to be 
     appropriate in accordance with the criteria established under 
     paragraph (3).
       (3) Criteria.--The Secretary, in consultation with 
     officials and entities described in subsection (b)(4), shall 
     establish criteria for the grant program to help ensure that 
     activities funded under this subsection--
       (A) accomplish 1 or more of the purposes described in 
     subsection (b)(2); and
       (B) advance the implementation of priority actions or needs 
     identified in the Chesapeake Bay watershed-wide strategy 
     adopted under subsection (b)(3)(B).
       (4) Cost sharing.--
       (A) Department of the interior share.--The Department of 
     the Interior share of the cost of a project funded under the 
     grant program shall not exceed 50 percent of the total cost 
     of the project, as determined by the Secretary.
       (B) Non-department of the interior share.--
       (i) In general.--The non-Department of the Interior share 
     of the cost of a project funded under the grant program may 
     be provided in cash or in the form of an in-kind contribution 
     of services or materials.
       (ii) Other federal funding.--Non-Department of the Interior 
     Federal funds may be used for not more than 25 percent of the 
     total cost of a project funded under the grant program.
       (5) Administration.--The Secretary may enter into an 
     agreement to manage the grant program with an organization 
     that offers grant management services.
       (d) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report describing the 
     implementation of this section, including a description of 
     each project that has received funding under this section.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $15,000,000 for each of fiscal years 
     2021 through 2025.
       (2) Supplement, not supplant.--Funds made available under 
     paragraph (1) shall supplement, and not supplant, funding for 
     other activities conducted by the Secretary in the Chesapeake 
     Bay watershed.

   TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS

     SEC. 201. PURPOSE.

       The purpose of this title is to encourage partnerships 
     among public agencies and other interested persons to promote 
     fish conservation--
       (1) to achieve measurable habitat conservation results 
     through strategic actions of Fish Habitat Partnerships that 
     lead to better fish habitat conditions and increased fishing 
     opportunities by--
       (A) improving ecological conditions;
       (B) restoring natural processes; or
       (C) preventing the decline of intact and healthy systems;
       (2) to establish a consensus set of national conservation 
     strategies as a framework to guide future actions and 
     investment by Fish Habitat Partnerships;
       (3) to broaden the community of support for fish habitat 
     conservation by--
       (A) increasing fishing opportunities;
       (B) fostering the participation of local communities, 
     especially young people in local communities, in conservation 
     activities; and
       (C) raising public awareness of the role healthy fish 
     habitat play in the quality of life and economic well-being 
     of local communities;
       (4) to fill gaps in the National Fish Habitat Assessment 
     and the associated database of the National Fish Habitat 
     Assessment--
       (A) to empower strategic conservation actions supported by 
     broadly available scientific information; and
       (B) to integrate socioeconomic data in the analysis to 
     improve the lives of humans in a manner consistent with fish 
     habitat conservation goals; and
       (5) to communicate to the public and conservation 
     partners--
       (A) the conservation outcomes produced collectively by Fish 
     Habitat Partnerships; and
       (B) new opportunities and voluntary approaches for 
     conserving fish habitat.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 203.
       (3) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (4) Environmental protection agency assistant 
     administrator.--The term ``Environmental Protection Agency 
     Assistant Administrator'' means the Assistant Administrator 
     for Water of the Environmental Protection Agency.
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given to the term ``Indian tribe'' in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304).
       (6) National oceanic and atmospheric administration 
     assistant administrator.--The term ``National Oceanic and 
     Atmospheric Administration Assistant Administrator'' means 
     the Assistant Administrator for Fisheries of the National 
     Oceanic and Atmospheric Administration.
       (7) Partnership.--The term ``Partnership'' means an entity 
     designated by Congress as a Fish Habitat Partnership under 
     section 204.
       (8) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land; or
       (B) water (including water rights).
       (9) Marine fisheries commissions.--The term ``Marine 
     Fisheries Commissions'' means--
       (A) the Atlantic States Marine Fisheries Commission;
       (B) the Gulf States Marine Fisheries Commission; and
       (C) the Pacific States Marine Commission.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (11) State.--The term ``State'' means each of the several 
     States, Puerto Rico, American Samoa, Guam, the Northern 
     Mariana Islands, the United States Virgin Islands, and the 
     District of Columbia.
       (12) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State; and
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources of the State or sustains the habitat for 
     those fishery resources pursuant to State law or the 
     constitution of the State.

     SEC. 203. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) Fish habitat board.--There is established a board, to 
     be known as the ``National Fish Habitat Board'', whose duties 
     are--
       (A) to promote, oversee, and coordinate the implementation 
     of this title;
       (B) to establish national goals and priorities for fish 
     habitat conservation;
       (C) to recommend to Congress entities for designation as 
     Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 26 members, 
     of whom--
       (A) one shall be a representative of the Department of the 
     Interior;
       (B) one shall be a representative of the United States 
     Geological Survey;
       (C) one shall be a representative of the Department of 
     Commerce;
       (D) one shall be a representative of the Department of 
     Agriculture;
       (E) one shall be a representative of the Association of 
     Fish and Wildlife Agencies;
       (F) four shall be representatives of State agencies, one of 
     whom shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (G) two shall be representatives of either--
       (i) Indian Tribes in the State of Alaska; or
       (ii) Indian Tribes in States other than the State of 
     Alaska;
       (H) one shall be a representative of either--
       (i) the Regional Fishery Management Councils established 
     under section 302 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852); or
       (ii) a representative of the Marine Fisheries Commissions;
       (I) one shall be a representative of the Sportfishing and 
     Boating Partnership Council;
       (J) seven shall be representatives selected from at least 
     one from each of the following:
       (i) the recreational sportfishing industry;
       (ii) the commercial fishing industry;
       (iii) marine recreational anglers;
       (iv) freshwater recreational anglers;
       (v) habitat conservation organizations; and
       (vi) science-based fishery organizations;
       (K) one shall be a representative of a national private 
     landowner organization;
       (L) one shall be a representative of an agricultural 
     production organization;
       (M) one shall be a representative of local government 
     interests involved in fish habitat restoration;
       (N) two shall be representatives from different sectors of 
     corporate industries, which may include--
       (i) natural resource commodity interests, such as petroleum 
     or mineral extraction;
       (ii) natural resource user industries; and
       (iii) industries with an interest in fish and fish habitat 
     conservation; and

[[Page H5208]]

       (O) one shall be a leadership private sector or landowner 
     representative of an active partnership.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for an employee of an agency under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the home or regular place of business of the 
     member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     section, a member of the Board described in any of 
     subparagraphs (F) through (O) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--The initial Board shall consist of 
     representatives as described in subparagraphs (A) through (F) 
     of subsection (a)(2).
       (B) Remaining members.--Not later than 60 days after the 
     date of enactment of this Act, the representatives of the 
     initial Board under subparagraph (A) shall appoint the 
     remaining members of the Board described in subparagraphs (H) 
     through (O) of subsection (a)(2).
       (C) Tribal representatives.--Not later than 60 days after 
     the enactment of this Act, the Secretary shall provide to the 
     Board a recommendation of not fewer than three Tribal 
     representatives, from which the Board shall appoint one 
     representative pursuant to subparagraph (G) of subsection 
     (a)(2).
       (3) Staggered terms.--Of the members described in 
     subsection (a)(2)(J) initially appointed to the Board--
       (A) two shall be appointed for a term of 1 year;
       (B) two shall be appointed for a term of 2 years; and
       (C) three shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in subparagraph (H), (I), (J), (K), (L), (M), (N), 
     or (O) of subsection (a)(2) shall be filled by an appointment 
     made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (G) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     a list of not fewer than three Tribal representatives, from 
     which the remaining members of the Board shall appoint a 
     representative to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (O) of subparagraph (a)(2) misses 
     three consecutive regularly scheduled Board meetings, the 
     members of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The representative of the Association of 
     Fish and Wildlife Agencies appointed under subsection 
     (a)(2)(E) shall serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of two-thirds of all members;
       (C) procedures for establishing national goals and 
     priorities for fish habitat conservation for the purposes of 
     this title;
       (D) procedures for designating Partnerships under section 
     204; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 204. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Recommend.--The Board may recommend to 
     Congress the designation of Fish Habitat Partnerships in 
     accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to work with other regional habitat conservation 
     programs to promote cooperation and coordination to enhance 
     fish populations and fish habitats;
       (2) to engage local and regional communities to build 
     support for fish habitat conservation;
       (3) to involve diverse groups of public and private 
     partners;
       (4) to develop collaboratively a strategic vision and 
     achievable implementation plan that is scientifically sound;
       (5) to leverage funding from sources that support local and 
     regional partnerships;
       (6) to use adaptive management principles, including 
     evaluation of project success and functionality;
       (7) to develop appropriate local or regional habitat 
     evaluation and assessment measures and criteria that are 
     compatible with national habitat condition measures; and
       (8) to implement local and regional priority projects that 
     improve conditions for fish and fish habitat.
       (c) Criteria for Designation.--An entity seeking to be 
     designated by Congress as a Partnership shall--
       (1) submit to the Board an application at such time, in 
     such manner, and containing such information as the Board may 
     reasonably require; and
       (2) demonstrate to the Board that the entity has--
       (A) a focus on promoting the health of important fish and 
     fish habitats;
       (B) an ability to coordinate the implementation of priority 
     projects that support the goals and national priorities set 
     by the Board that are within the Partnership boundary;
       (C) a self-governance structure that supports the 
     implementation of strategic priorities for fish habitat;
       (D) the ability to develop local and regional relationships 
     with a broad range of entities to further strategic 
     priorities for fish and fish habitat;
       (E) a strategic plan that details required investments for 
     fish habitat conservation that addresses the strategic fish 
     habitat priorities of the Partnership and supports and meets 
     the strategic priorities of the Board;
       (F) the ability to develop and implement fish habitat 
     conservation projects that address strategic priorities of 
     the Partnership and the Board; and
       (G) the ability to develop fish habitat conservation 
     priorities based on sound science and data, the ability to 
     measure the effectiveness of fish habitat projects of the 
     Partnership, and a clear plan as to how Partnership science 
     and data components will be integrated with the overall Board 
     science and data effort.
       (d) Requirements for Recommendation to Congress.--The Board 
     may recommend to Congress for designation an application for 
     a Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) meets the criteria described in subsection (c)(2);
       (2) identifies representatives to provide support and 
     technical assistance to the Partnership from a diverse group 
     of public and private partners, which may include State or 
     local governments, nonprofit entities, Indian Tribes, and 
     private individuals, that are focused on conservation of fish 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (3) is organized to promote the health of important fish 
     species and important fish habitats, including reservoirs, 
     natural lakes, coastal and marine environments, coral reefs, 
     and estuaries;
       (4) identifies strategic fish and fish habitat priorities 
     for the Partnership area in the form of geographical focus 
     areas or key stressors or impairments to facilitate strategic 
     planning and decision making;
       (5) is able to address issues and priorities on a 
     nationally significant scale;
       (6) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decision making 
     by the applicant;
       (7) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address 
     declines in fish populations, rather than simply treating 
     symptoms, in accordance with the goals and national 
     priorities established by the Board; and
       (8) promotes collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.
       (e) Report to Congress.--
       (1) In general.--Not later than February 1 of the first 
     fiscal year beginning after the date of enactment of this Act 
     and each February 1 thereafter, the Board shall develop and 
     submit to the appropriate congressional committees an annual 
     report, to be entitled ``Report to Congress on Future Fish 
     Habitat Partnerships and Modifications'', that--
       (A) identifies each entity that--
       (i) meets the requirements described in subsection (d); and
       (ii) the Board recommends to Congress for designation as a 
     Partnership;
       (B) describes any proposed modifications to a Partnership 
     previously designated by Congress under subsection (f);
       (C) with respect to each entity recommended for designation 
     as a Partnership, describes, to the maximum extent 
     practicable--
       (i) the purpose of the recommended Partnership; and
       (ii) how the recommended Partnership fulfills the 
     requirements described in subsection (d).
       (2) Public availability; notification.--The Board shall--
       (A) make the report publicly available, including on the 
     internet; and
       (B) provide to the appropriate congressional committees and 
     the State agency of any State included in a recommended 
     Partnership area written notification of the public 
     availability of the report.
       (f) Designation or Modification of Partnership.--Congress 
     shall have the exclusive authority to designate or modify a 
     Partnership.
       (g) Existing Partnerships.--
       (1) Designation review.--Not later than 5 years after the 
     date of enactment of this Act, any partnership receiving 
     Federal funds as of the date of enactment of this Act shall 
     be subject to a designation review by Congress in which 
     Congress shall have the opportunity to designate the 
     partnership under subsection (f).
       (2) Ineligibility for federal funds.--A partnership 
     referred to in paragraph (1) that Congress does not designate 
     as described in that paragraph shall be ineligible to receive 
     Federal funds under this title.

     SEC. 205. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     year, each Partnership shall

[[Page H5209]]

     submit to the Board a list of priority fish habitat 
     conservation projects recommended by the Partnership for 
     annual funding under this title.
       (b) Recommendations by Board.--Not later than July 1 of 
     each year, the Board shall submit to the Secretary a priority 
     list of fish habitat conservation projects that includes a 
     description, including estimated costs, of each project that 
     the Board recommends that the Secretary approve and fund 
     under this title for the following fiscal year.
       (c) Criteria for Project Selection.--The Board shall select 
     each fish habitat conservation project recommended to the 
     Secretary under subsection (b) after taking into 
     consideration, at a minimum, the following information:
       (1) A recommendation of the Partnership that is, or will 
     be, participating actively in implementing the fish habitat 
     conservation project.
       (2) The capabilities and experience of project proponents 
     to implement successfully the proposed project.
       (3) The extent to which the fish habitat conservation 
     project--
       (A) fulfills a local or regional priority that is directly 
     linked to the strategic plan of the Partnership and is 
     consistent with the purpose of this title;
       (B) addresses the national priorities established by the 
     Board;
       (C) is supported by the findings of the habitat assessment 
     of the Partnership or the Board, and aligns or is compatible 
     with other conservation plans;
       (D) identifies appropriate monitoring and evaluation 
     measures and criteria that are compatible with national 
     measures;
       (E) provides a well-defined budget linked to deliverables 
     and outcomes;
       (F) leverages other funds to implement the project;
       (G) addresses the causes and processes behind the decline 
     of fish or fish habitats; and
       (H) includes an outreach or education component that 
     includes the local or regional community.
       (4) The availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e).
       (5) The extent to which the fish habitat conservation 
     project--
       (A) will increase fish populations in a manner that leads 
     to recreational fishing opportunities for the public;
       (B) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian Tribes, 
     and private entities;
       (C) increases public access to land or water for fish and 
     wildlife-dependent recreational opportunities;
       (D) advances the conservation of fish and wildlife species 
     that have been identified by a State agency as species of 
     greatest conservation need;
       (E) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
     other relevant Federal law and State wildlife action plans; 
     and
       (F) promotes strong and healthy fish habitats so that 
     desired biological communities are able to persist and adapt.
       (6) The substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     title unless the fish habitat conservation project includes 
     an evaluation plan designed using applicable Board guidance--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met;
       (C) to identify improvements to existing fish populations, 
     recreational fishing opportunities, and the overall economic 
     benefits for the local community of the fish habitat 
     conservation project; and
       (D) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition authorities.--
       (A) In general.--A State, local government, or other non-
     Federal entity is eligible to receive funds for the 
     acquisition of real property from willing sellers under this 
     title if the acquisition ensures--
       (i) public access for fish and wildlife-dependent 
     recreation; or
       (ii) a scientifically based, direct enhancement to the 
     health of fish and fish populations, as determined by the 
     Board.
       (B) State agency approval.--
       (i) In general.--All real property interest acquisition 
     projects funded under this title must be approved by the 
     State agency in the State in which the project is occurring.
       (ii) Prohibition.--The Board may not recommend, and the 
     Secretary may not provide any funding for, any real property 
     interest acquisition that has not been approved by the State 
     agency.
       (C) Assessment of other authorities.--The Board may not 
     recommend, and the Secretary may not provide any funding 
     under this title for, any real property interest acquisition 
     unless the Partnership that recommended the project has 
     conducted a project assessment, submitted with the funding 
     request and approved by the Board, to demonstrate all other 
     Federal, State, and local authorities for the acquisition of 
     real property have been exhausted.
       (D) Restrictions.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, local government, or other non-Federal entity 
     conducted with funds provided under this title, unless--
       (i) the owner of the real property authorizes the State, 
     local government, or other non-Federal entity to acquire the 
     real property; and
       (ii) the Secretary and the Board determine that the State, 
     local government, or other non-Federal entity would benefit 
     from undertaking the management of the real property being 
     acquired because that is in accordance with the goals of a 
     Partnership.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (4), no fish habitat conservation project may be recommended 
     by the Board under subsection (b) or provided financial 
     assistance under this title unless at least 50 percent of the 
     cost of the fish habitat conservation project will be funded 
     with non-Federal funds.
       (2) Non-federal share.--Such non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from another Federal grant program; 
     and
       (B) may include in-kind contributions and cash.
       (3) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian Tribe pursuant to this title may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (4) Waiver authority.--The Secretary, in consultation with 
     the Secretary of Commerce with respect to marine or estuarine 
     projects, may waive the application of paragraph (2)(A) with 
     respect to a State or an Indian Tribe, or otherwise reduce 
     the portion of the non-Federal share of the cost of an 
     activity required to be paid by a State or an Indian Tribe 
     under paragraph (1), if the Secretary determines that the 
     State or Indian Tribe does not have sufficient funds not 
     derived from another Federal grant program to pay such non-
     Federal share, or portion of the non-Federal share, without 
     the use of loans.
       (f) Approval.--
       (1) In general.--Not later than 90 days after the date of 
     receipt of the recommended priority list of fish habitat 
     conservation projects under subsection (b), and subject to 
     subsection (d) and based, to the maximum extent practicable, 
     on the criteria described in subsection (c), the Secretary, 
     after consulting with the Secretary of Commerce on marine or 
     estuarine projects, shall approve or reject any fish habitat 
     conservation project recommended by the Board.
       (2) Funding.--If the Secretary approves a fish habitat 
     conservation project under paragraph (1), the Secretary shall 
     use amounts made available to carry out this title to provide 
     funds to carry out the fish habitat conservation project.
       (3) Notification.--If the Secretary rejects under paragraph 
     (1) any fish habitat conservation project recommended by the 
     Board, not later than 90 days after the date of receipt of 
     the recommendation, the Secretary shall provide to the Board, 
     the appropriate Partnership, and the appropriate 
     congressional committees a written statement of the reasons 
     that the Secretary rejected the fish habitat conservation 
     project.

     SEC. 206. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the National Oceanic and 
     Atmospheric Administration Assistant Administrator, the 
     Environmental Protection Agency Assistant Administrator, and 
     the Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, may provide scientific and 
     technical assistance to Partnerships, participants in fish 
     habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided under subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian Tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment;
       (6) ensuring the availability of experts to assist in 
     conducting scientifically based evaluation and reporting of 
     the results of fish habitat conservation projects; and
       (7) providing resources to secure State agency scientific 
     and technical assistance to support Partnerships, 
     participants in fish habitat conservation projects, and the 
     Board.

     SEC. 207. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and cooperate 
     with, the appropriate State agency or Tribal agency, as 
     applicable, of each State and Indian Tribe within the 
     boundaries of which an activity is planned to be carried out 
     pursuant to this title, including notification, by not later 
     than 30 days before the date on which the activity is 
     implemented.

     SEC. 208. INTERAGENCY OPERATIONAL PLAN.

       Not later than 1 year after the date of enactment of this 
     Act, and every 5 years thereafter, the Director, in 
     cooperation with the National Oceanic and Atmospheric 
     Administration Assistant Administrator, the Environmental 
     Protection Agency Assistant Administrator, the Director of 
     the United States Geological Survey, and

[[Page H5210]]

     the heads of other appropriate Federal departments and 
     agencies (including, at a minimum, those agencies represented 
     on the Board) shall develop an interagency operational plan 
     that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs for the 
     implementation of this title; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.

     SEC. 209. ACCOUNTABILITY AND REPORTING.

       (a) Reporting.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the progress of this title.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet, or other suitable measures of fish habitat, that 
     was maintained or improved by Partnerships under this title 
     during the 5-year period ending on the date of submission of 
     the report;
       (B) a description of the public access to fish habitats 
     established or improved under this title during that 5-year 
     period;
       (C) a description of the improved opportunities for public 
     recreational fishing achieved under this title; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this title during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 205(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 205(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection of a fish habitat 
     conservation project recommended by the Board under section 
     205(b) that was based on a factor other than the criteria 
     described in section 205(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian Tribes, or other entities to carry 
     out fish habitat conservation projects under this title.
       (b) Status and Trends Report.--Not later than December 31, 
     2021, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report that 
     includes--
       (1) a status of all Partnerships designated under this 
     title;
       (2) a description of the status of fish habitats in the 
     United States as identified by designated Partnerships; and
       (3) enhancements or reductions in public access as a result 
     of--
       (A) the activities of the Partnerships; or
       (B) any other activities carried out pursuant to this 
     title.

     SEC. 210. EFFECT OF THIS TITLE.

       (a) Water Rights.--Nothing in this title--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) Authority To Acquire Water Rights or Rights to 
     Property.--Only a State, local government, or other non-
     Federal entity may acquire, under State law, water rights or 
     rights to property with funds made available through section 
     212.
       (c) State Authority.--Nothing in this title--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (d) Effect on Indian Tribes.--Nothing in this title 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian Tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian Tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (e) Adjudication of Water Rights.--Nothing in this title 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Departments 
     of State, Justice, Commerce, and The Judiciary Appropriation 
     Act, 1953 (43 U.S.C. 666).
       (f) Department of Commerce Authority.--Nothing in this 
     title affects the authority, jurisdiction, or responsibility 
     of the Department of Commerce to manage, control, or regulate 
     fish or fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).
       (g) Effect on Other Authorities.--
       (1) Private property protection.--Nothing in this title 
     permits the use of funds made available to carry out this 
     title to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest, respectively.
       (2) Mitigation.--Nothing in this title authorizes the use 
     of funds made available to carry out this title for fish and 
     wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.
       (3) Clean water act.--Nothing in this title affects any 
     provision of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), including any definition in that Act.

     SEC. 211. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or
       (2) any Partnership.

     SEC. 212. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2021 through 2025 to provide funds for 
     fish habitat conservation projects approved under section 
     205(f), of which 5 percent is authorized only for projects 
     carried out by Indian Tribes.
       (2) Administrative and planning expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2021 through 2025 an amount equal to 5 percent 
     of the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1)--
       (A) for administrative and planning expenses under this 
     title; and
       (B) to carry out section 209.
       (3) Technical and scientific assistance.--There is 
     authorized to be appropriated for each of fiscal years 2021 
     through 2025 to carry out, and provide technical and 
     scientific assistance under, section 206--
       (A) $400,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $400,000 to the National Oceanic and Atmospheric 
     Administration Assistant Administrator for use by the 
     National Oceanic and Atmospheric Administration;
       (C) $400,000 to the Environmental Protection Agency 
     Assistant Administrator for use by the Environmental 
     Protection Agency;
       (D) $400,000 to the Secretary for use by the United States 
     Geological Survey; and
       (E) $400,000 to the Secretary of Agriculture, acting 
     through the Chief of the Forest Service, for use by the 
     Forest Service.
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity to provide funds authorized by 
     this title for a fish habitat conservation project or 
     restoration or enhancement project;
       (2) apply for, accept, and, subject to the availability of 
     appropriations, use a grant from any individual or entity to 
     carry out the purposes of this title; and
       (3) subject to the availability of appropriations, make 
     funds authorized by this Act available to any Federal 
     department or agency for use by that department or agency to 
     provide grants for any fish habitat protection project, 
     restoration project, or enhancement project that the 
     Secretary determines to be consistent with this title.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this title; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this title.
       (2) Treatment.--A donation accepted under this title--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.

     SEC. 213. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY 
                   AUTHORITY BY FEDERAL AGENCIES THROUGH 
                   PARTNERSHIPS.

       Any Partnership designated under this title--
       (1) shall be for the sole purpose of promoting fish 
     conservation; and
       (2) shall not be used to implement any regulatory authority 
     of any Federal agency.

                        TITLE III--MISCELLANEOUS

     SEC. 301. SENSE OF THE SENATE REGARDING CONSERVATION 
                   AGREEMENTS AND ACTIVITIES.

       It is the sense of the Senate that--
       (1) voluntary conservation agreements benefit species and 
     the habitats on which the species rely;
       (2) States, Indian Tribes, units of local government, 
     landowners, and other stakeholders should be encouraged to 
     participate in voluntary conservation agreements; and
       (3) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service, and 
     the Secretary of Commerce, acting through the Assistant 
     Administrator of the National Marine Fisheries Service, 
     should consider the enrollment in, and performance of, 
     conservation agreements and investment in, and implementation 
     of, general conservation activities by States, Indian Tribes,

[[Page H5211]]

     units of local government, landowners, and other stakeholders 
     in making determinations under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.).

     SEC. 302. STUDY TO REVIEW CONSERVATION FACTORS.

       (a) Definition of Secretaries.--In this section, the term 
     ``Secretaries'' means--
       (1) the Secretary of Agriculture;
       (2) the Secretary of Commerce, acting through the Assistant 
     Administrator of the National Marine Fisheries Service; and
       (3) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service.
       (b) Study.--To assess factors affecting successful 
     conservation activities under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), the Secretaries shall carry 
     out a study--
       (1) to review any factors that threaten or endanger a 
     species for which a listing under the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) would not contribute to the 
     conservation of the species;
       (2) to review any barriers to--
       (A) the delivery of Federal, State, local, or private funds 
     for such conservation activities, including statutory or 
     regulatory impediments, staffing needs, and other relevant 
     considerations; or
       (B) the implementation of conservation agreements, plans, 
     or other cooperative agreements, including agreements focused 
     on voluntary activities, multispecies efforts, and other 
     relevant considerations;
       (3) to review factors that impact the ability of the 
     Federal Government to successfully implement the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (4) to develop recommendations regarding methods to address 
     barriers identified under paragraph (2), if any;
       (5) to review determinations under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is 
     determined to be recovered by the Secretary of the Interior, 
     acting through the Director of the United States Fish and 
     Wildlife Service, or the Secretary of Commerce, acting 
     through the Assistant Administrator of the National Marine 
     Fisheries Service, but remains listed under that Act, 
     including--
       (A) an explanation of the factors preventing a delisting or 
     downlisting of the species; and
       (B) recommendations regarding methods to address the 
     factors described in subparagraph (A); and
       (6) to review any determinations under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a 
     species has been identified as needing listing or uplisting 
     under that Act but remains unlisted or listed as a threatened 
     species, respectively, including--
       (A) an explanation of the factors preventing a listing or 
     uplisting of the species; and
       (B) recommendations regarding methods to address the 
     factors described in subparagraph (A).
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretaries shall submit to the 
     Committees on Appropriations and Environment and Public Works 
     of the Senate and the Committees on Appropriations and 
     Natural Resources of the House of Representatives and make 
     publicly available a report describing the results of the 
     study under subsection (b).

     SEC. 303. STUDY AND REPORT ON EXPENDITURES.

       (a) Reports on Expenditures.--
       (1) Federal departments and agencies.--
       (A) In general.--At the determination of the Comptroller 
     General of the United States (referred to in this section as 
     the ``Comptroller General''), to facilitate the preparation 
     of the reports from the Comptroller General under paragraph 
     (2), the head of each Federal department and agency shall 
     submit to the Comptroller General data and other relevant 
     information that describes the amounts expended or disbursed 
     (including through loans, loan guarantees, grants, or any 
     other financing mechanism) by the department or agency as a 
     direct result of any provision of the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) (including any regulation 
     promulgated pursuant to that Act) during--
       (i) with respect to the first report under paragraph (2), 
     the 3 fiscal years preceding the date of submission of the 
     report; and
       (ii) with respect to the second report under paragraph (2), 
     the 2 fiscal years preceding the date of submission of the 
     report.
       (B) Requirements.--Data and other relevant information 
     submitted under subparagraph (A) shall describe, with respect 
     to the applicable amounts--
       (i) the programmatic office of the department or agency on 
     behalf of which each amount was expended or disbursed;
       (ii) the provision of the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) (or regulation promulgated pursuant 
     to that Act) pursuant to which each amount was expended or 
     disbursed; and
       (iii) the project or activity carried out using each 
     amount, in detail sufficient to reflect the breadth, scope, 
     and purpose of the project or activity.
       (2) Comptroller general.--Not later than 2 years and 4 
     years after the date of enactment of this Act, the 
     Comptroller General shall submit to the Committees on 
     Appropriations, Commerce, Science, and Transportation, and 
     Environment and Public Works of the Senate and the Committee 
     on Appropriations and Natural Resources of the House of 
     Representatives a report that describes--
       (A) the aggregate amount expended or disbursed by all 
     Federal departments and agencies as a direct result of any 
     provision of the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) (including any regulation promulgated pursuant 
     to that Act) during--
       (i) with respect to the first report, the 3 fiscal years 
     preceding the date of submission of the report; and
       (ii) with respect to the second report, the 2 fiscal years 
     preceding the date of submission of the report;
       (B) the provision of the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) (or regulation promulgated pursuant to 
     that Act) pursuant to which each such amount was expended or 
     disbursed; and
       (C) with respect to each relevant department or agency--
       (i) the total amount expended or disbursed by the 
     department or agency as described in subparagraph (A); and
       (ii) the information described in clauses (i) through (iii) 
     of paragraph (1)(B).
       (b) Report on Conservation Activities.--
       (1) Federal departments and agencies.--At the determination 
     of the Comptroller General, to facilitate the preparation of 
     the report under paragraph (2), the head of each Federal 
     department and agency shall submit to the Comptroller General 
     data and other relevant information that describes the 
     conservation activities by the Federal department or agency 
     as a direct result of any provision of the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) (including any 
     regulation promulgated pursuant to that Act) during--
       (A) with respect to the first report under paragraph (2), 
     the 3 fiscal years preceding the date of submission of the 
     report; and
       (B) with respect to the second report under paragraph (2), 
     the 2 fiscal years preceding the date of submission of the 
     report.
       (2) Comptroller general.--Not later than 2 years and 4 
     years after the date of enactment of this Act, the 
     Comptroller General shall submit to the Committees on 
     Commerce, Science, and Transportation and Environment and 
     Public Works of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report that--
       (A) describes the conservation activities by all Federal 
     departments and agencies for species listed as a threatened 
     species or endangered species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.), as reported under 
     paragraph (1), during--
       (i) with respect to the first report, the 3 fiscal years 
     preceding the date of submission of the report; and
       (ii) with respect to the second report, the 2 fiscal years 
     preceding the date of submission of the report;
       (B) is organized into categories with respect to whether a 
     recovery plan for a species has been established;
       (C) includes conservation outcomes associated with the 
     conservation activities; and
       (D) as applicable, describes the conservation activities 
     that required interaction between Federal agencies and 
     between Federal agencies and State and Tribal agencies and 
     units of local government pursuant to the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).

     SEC. 304. USE OF VALUE OF LAND FOR COST SHARING.

       The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
     669 et seq.) is amended--
       (1) by redesignating section 13 as section 14; and
       (2) by inserting after section 12 the following:

     ``SEC. 13. VALUE OF LAND.

       ``Notwithstanding any other provision of law, any 
     institution eligible to receive Federal funds under the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the 
     value of any land owned by the institution as an in-kind 
     match to satisfy any cost sharing requirement under this 
     Act.''.

         Amend the title so as to read: ``An Act to improve 
     protections for wildlife, and for other purposes.''.


                            Motion to Concur

  Mrs. LOWEY. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mrs. Lowey moves that the House concur in the Senate 
     amendment to the title of H.R. 925 and that the House concur 
     in the Senate amendment to the text of H.R. 925 with an 
     amendment consisting of the text of Rules Committee Print 
     116-66.
  The text of the House amendment to the Senate amendment to the text 
is as follows:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the text of the bill, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``The Heroes 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--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2021

   DIVISION B--PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF HIGHER 
      EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND STATE VOCATIONAL 
                        REHABILITATION AGENCIES

Title I--Higher Education Provisions
Title II--Impact Aid and Migrant Education Coronavirus Relief
Title III--Career, Technical, and Adult Education
Title IV--Disability Employment

            DIVISION C--PROTECTION FOR FAMILIES AND WORKERS

Title I--Amendments to Emergency Family and Medical Leave Expansion Act 
              and Emergency Paid Sick Leave Act

[[Page H5212]]

Title II--COVID-19 Every Worker Protection Act of 2020
Title III--COVID-19 Protections under Longshore and Harbor Workers' 
              Compensation Act
Title IV--Worker's Compensation for Federal and Postal Employees 
              Diagnosed with COVID-19
Title V--COVID-19 Workforce Development Response Activities

           DIVISION D--HUMAN SERVICES AND COMMUNITY SUPPORTS

Title I--Stronger Child Abuse Prevention and Treatment
Title II--Child Nutrition and the Special Supplemental Nutrition 
              Program for Women, Infants, and Children
Title III--Related Programs

                 DIVISION E--SMALL BUSINESS PROVISIONS

Title I--Funding Provisions
Title II--Modifications to the Paycheck Protection Program
Title III--Tax Provisions
Title IV--COVID-19 Economic Injury Disaster Loan Program Reform
Title V--Micro-SBIC and Equity Investment Enhancement
Title VI--Miscellaneous

                     DIVISION F--REVENUE PROVISIONS

Title I--Economic Stimulus
Title II--Provisions to Prevent Business Interruption
Title III--Net Operating Losses

                   DIVISION G--RETIREMENT PROVISIONS

Title I--Relief for Multiemployer Pension Plans
Title II--Relief for Single Employer Pension Plans
Title III--Other Retirement Related Provisions

          DIVISION H--GIVING RETIREMENT OPTIONS TO WORKERS ACT

         DIVISION I--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS

Title I--Extensions of CARES Act Unemployment Benefits for Workers
Title II--Additional Weeks of Benefit Eligibility
Title III--Clarifications and Improvements to Pandemic Unemployment 
              Assistance
Title IV--Extension of Relief to States and Employers
Title V--Corrective Action for Processing Backlogs
Title VI--Additional Benefits for Mixed Earners
Title VII--Technical Corrections

 DIVISION J--EMERGENCY ASSISTANCE, ELDER JUSTICE, AND CHILD AND FAMILY 
                                SUPPORT

Title I--Emergency assistance
Title II--Reauthorization of Funding for Programs to Prevent, 
              Investigate, and Prosecute Elder Abuse, Neglect, and 
              Exploitation
Title III--Fairness for Seniors and People with Disabilities During 
              COVID-19
Title IV--Supporting Foster Youth and Families through the Pandemic
Title V--Pandemic State Flexibilities

                     DIVISION K--HEALTH PROVISIONS

Title I--Medicaid Provisions
Title II--Medicare Provisions
Title III--Private Insurance Provisions
Title IV--Application to Other Health Programs
Title V--Public Health Policies
Title VI--Public Health Assistance
Title VII--Vaccine Development, Distribution, Administration, and 
              Awareness
Title VIII--Other Matters

           DIVISION L--VETERANS AND SERVICEMEMBERS PROVISIONS

   DIVISION M--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS

Title I--COVID-19 Price Gouging Prevention
Title II--E-Rate Support for Wi-Fi Hotspots, Other Equipment, Connected 
              Devices, and Connectivity
Title III--Emergency Benefit for Broadband Service
Title IV--Continued Connectivity
Title V--Don't Break Up the T-Band
Title VI--COVID-19 Compassion and Martha Wright Prison Phone Justice

                   DIVISION N--AGRICULTURE PROVISIONS

Title I--Livestock and Poultry
Title II--Dairy
Title III--Specialty Crops and Other Commodities
Title IV--Commodity Credit Corporation
Title V--Conservation
Title VI--Nutrition
Title VII--Rural Development

                     DIVISION O--COVID-19 HERO ACT

Title I--Providing Medical Equipment for First Responders and Essential 
              Workers
Title II--Protecting Renters and Homeowners From Evictions and 
              Foreclosures
Title III--Protecting People Experiencing Homelessness
Title IV--Suspending Negative Credit Reporting and Strengthening 
              Consumer and Investor Protections
Title V--Protecting Student Borrowers
Title VI--Standing Up for Small Businesses, Minority-Owned Businesses, 
              and Non-Profits
Title VII--Promoting and Advancing Communities of Color through 
              Inclusive Lending
Title VIII--Providing Assistance for State, Territory, Tribal, and 
              Local Governments
Title IX--Support for a Robust Global Response to the Covid-19 Pandemic
Title X--Providing Oversight and Protecting Taxpayers

                         DIVISION P--ACCESS ACT

             DIVISION Q--TRANSPORTATION AND INFRASTRUCTURE

Title I--Aviation
Title II--Federal Emergency Management Agency
Title III--Other matters

          DIVISION R--ACCOUNTABILITY AND GOVERNMENT OPERATIONS

Title I--Accountability
Title II--Census Matters
Title III--Federal Workforce
Title IV--Federal Contracting Provisions
Title V--District of Columbia
Title VI--Other Matters

                 DIVISION S--FOREIGN AFFAIRS PROVISIONS

Title I--Matters Relating to the Department of State
Title II--Global Health Security Act of 2020
Title III--Securing America From Epidemics Act

                     DIVISION T--JUDICIARY MATTERS

Title I--Immigration Matters
Title II--Prisons and jails
Title III--Victims of Crime Act Amendments
Title IV--Jabara-Heyer NO HATE Act
Title V--Bankruptcy Protections

                       DIVISION U--OTHER MATTERS

Title I--Presumption of Service Connection for Coronavirus Disease 2019
Title II--Coronavirus Relief Fund Amendments
Title III--Energy and Environment Provisions
Title IV--Miscellaneous Matters

     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--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2021

        The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2021, and for other 
     purposes, namely:

                                TITLE I

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                         AGRICULTURAL PROGRAMS

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $2,500,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That the funding 
     made available under this heading in this Act shall be used 
     for conducting audits and investigations of projects and 
     activities carried out with funds made available to the 
     Department of Agriculture to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided further, That such amounts shall be in addition to 
     any other amounts available for such purposes:  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.

                       RURAL DEVELOPMENT PROGRAMS

                         Rural Housing Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, including 
     administrative expenses:  Provided, That such amounts shall 
     be in addition to any other amounts available for such 
     purposes:  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.

                       rental assistance program

       For an additional amount for ``Rental Assistance Program'', 
     $309,000,000, to prevent, prepare for, and respond to 
     coronavirus, including for temporary adjustment of wage 
     income losses for residents of housing financed or assisted 
     under section 514, 515, or 516 of the Housing Act of 1949, 
     without regard to any existing eligibility requirements based 
     on income:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For an additional amount for the ``Special Supplemental 
     Nutrition Program for Women, Infants, and Children'', 
     $400,000,000:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                supplemental nutrition assistance program

       For an additional amount for ``Supplemental Nutrition 
     Assistance Program'', $10,000,000,000, to prevent, prepare 
     for, and respond to coronavirus:  Provided, That such amounts 
     shall be in addition to any other amounts available for such 
     purposes:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                      commodity assistance program

       For an additional amount for ``Commodity Assistance 
     Program'', $450,000,000, for the emergency food assistance 
     program as authorized by section 27(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
     204(a)(1) of the Emergency Food Assistance Act of 1983 (7

[[Page H5213]]

     U.S.C. 7508(a)(1)):  Provided, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

        For an additional amount for ``Salaries and Expenses'', 
     $1,500,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally, for the purposes of holding one or more 
     advisory committee meetings to discuss requests for 
     authorization or applications for approval of vaccines for 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 101.  For an additional amount for grants to Rural 
     Utilities Service borrowers, as authorized in section 701 of 
     division N of this Act, to prevent, prepare for, and respond 
     to coronavirus, $2,600,000,000, to remain available until 
     September 30, 2022:  Provided, That such amount is designated 
     by Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 102.  For an additional amount for the Commonwealth of 
     the Northern Mariana Islands, $14,000,000, for nutrition 
     assistance to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amounts shall be in 
     addition to any other amounts available for such purposes:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 103.  For an additional amount for the Commonwealth of 
     Puerto Rico, $1,236,000,000, for nutrition assistance to 
     prevent, prepare for, and respond to coronavirus:  Provided, 
     That such amounts shall be in addition to any other amounts 
     available for such purposes:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 104.  For an additional amount for American Samoa, 
     $9,117,000, for nutrition assistance to prevent, prepare for, 
     and respond to coronavirus:  Provided, That such amounts 
     shall be in addition to any other amounts available for such 
     purposes:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 105.  The matter preceding the first proviso under the 
     heading ``Commodity Assistance Program'' in title I of 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136), is amended by striking 
     ``to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally,'':  Provided, That the 
     amounts repurposed pursuant to the amendment made by this 
     section that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 106.  For an additional amount for the program 
     established under section 7522 of the Food, Conservation, and 
     Energy Act of 2008 (7 U.S.C. 5936), to prevent, prepare for, 
     and respond to coronavirus, $20,000,000:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 107.  Section 11004 in title I of division B of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) is amended by inserting after the fourth proviso 
     the following: ``Provided further, That the condition set 
     forth in section 9003(f) of the Farm Security and Rural 
     Investment Act of 2002 shall apply with respect to all 
     construction, alteration, or repair work carried out, in 
     whole or in part, with funds made available by this 
     section:'':  Provided, That amounts repurposed pursuant to 
     the amendments made pursuant to this section are designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 108.  For necessary expenses for salary and related 
     costs associated with Agriculture Quarantine and Inspection 
     Services activities pursuant to 21 U.S.C. 136a(6), and in 
     addition to any other funds made available for this purpose, 
     there is appropriated, out of any money in the Treasury not 
     otherwise appropriated, $350,000,000, to remain available 
     until September 30, 2022, to offset the loss resulting from 
     the coronavirus pandemic of quarantine and inspection fees 
     collected pursuant to sections 2508 and 2509 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
     136, 136a):  Provided, That amounts made available in this 
     section and under the heading ``Animal and Plant Health 
     Inspection Service--Salaries and Expenses'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) shall be treated as funds collected by fees 
     authorized under sections 2508 and 2509 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
     136, 136a) for purposes of section 421(f) of the Homeland 
     Security Act of 2002 (6 U.S.C. 231(f)):  Provided further, 
     That, the amounts repurposed in this section that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                                TITLE II

            COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

       For an additional amount for ``Operations and 
     Administration'', $20,000,000, to prevent, prepare for, and 
     respond to coronavirus:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  Minority Business Development Agency

                     minority business development

       For an additional amount for ``Minority Business 
     Development'', $25,000,000, for necessary expenses for the 
     Business Centers and Specialty Centers, including any cost 
     sharing requirements that may exist, for assisting minority 
     business enterprises to prevent, prepare for, and respond to 
     coronavirus, including identifying and accessing local, 
     State, and Federal government assistance related to such 
     virus:  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.

                          Bureau of the Census

                      current surveys and programs

                     (including transfer of funds)

       For an additional amount for ``Current Surveys and 
     Programs'', $10,000,000:  Provided, That such sums may be 
     transferred to the Bureau of the Census Working Capital Fund 
     for necessary expenses incurred as a result of the 
     coronavirus, including for payment of salaries and leave to 
     Bureau of the Census staff resulting from the suspension of 
     data collection for reimbursable surveys conducted for other 
     Federal agencies:  Provided, That such transfer authority is 
     in addition to any other transfer authority provided by law:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     periodic censuses and programs

       For an additional amount for ``Periodic Censuses and 
     Programs'', $400,000,000, to remain available until September 
     30, 2022, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

               United States Patent and Trademark Office

                         salaries and expenses

       For an additional amount for ``United States Patent and 
     Trademark Office, Salaries and Expenses'', $95,000,000, to 
     prevent, prepare for, and respond to coronavirus:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

             National Institute of Standards and Technology

                     industrial technology services

       For an additional amount for ``Industrial Technology 
     Services'', $70,000,000, of which $50,000,000 shall be for 
     the Hollings Manufacturing Extension Partnership to assist 
     manufacturers to prevent, prepare for, and respond to 
     coronavirus, and $20,000,000 shall be for the National 
     Network for Manufacturing Innovation (also known as 
     ``Manufacturing USA'') to prevent, prepare for, and respond 
     to coronavirus, including to support development and 
     manufacturing of medical countermeasures and biomedical 
     equipment and supplies:  Provided, That none of the funds 
     provided under this heading in this Act shall be subject to 
     cost share requirements under section 34(e)(7)(A) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278s(e)(7)(A)):  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

            National Oceanic and Atmospheric Administration

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $42,000,000, to prevent, prepare for, and 
     respond to coronavirus, by supporting continuity of National 
     Weather Service life and property related operations:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        fisheries promotion fund

       For an additional amount for ``Fisheries Promotion Fund'', 
     $100,000,000, to remain available until September 30, 2022, 
     to prevent, prepare for, and respond to coronavirus, for 
     grants authorized by the Saltonstall-Kennedy Act of 1954 (15 
     U.S.C. 713c):  Provided, That within the amount appropriated 
     under this heading in this Act, up

[[Page H5214]]

     to 2 percent of funds may be transferred to the ``Operations, 
     Research, and Facilities'' account for management, 
     administration, and oversight of funds provided under this 
     heading in this Act:  Provided further, That such transfer 
     authority is in addition to any other transfer authority 
     provided by law:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     fisheries disaster assistance

       For an additional amount for ``Fisheries Disaster 
     Assistance'', $250,000,000, for activities authorized under 
     section 12005 of the Coronavirus Aid, Relief, and Economic 
     Security Act of 2020 (Public Law 116-136), including for 
     necessary expenses to provide assistance to Tribal, 
     subsistence, commercial, and charter fishery participants 
     affected by the novel coronavirus (COVID-19), which may 
     include direct relief payments:  Provided, That of the funds 
     provided under this heading in this Act, $25,000,000 shall be 
     for Tribal fishery participants who belong to Federally 
     recognized Tribes in any of the Nation's States and 
     territories:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Departmental Management

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until expended to 
     prevent, prepare for, and respond to coronavirus, including 
     the impact of coronavirus on the work of the Department of 
     Commerce and to carry out investigations and audits related 
     to the funding made available for the Department of Commerce 
     in this Act and in title II of division B of Public Law 116-
     136:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

           administrative provisions--department of commerce

       Sec. 201.  Notwithstanding any other provision of law, the 
     Federal share for grants provided by the Economic Development 
     Administration under Public Law 116-93 and Public Law 116-136 
     shall be 100 percent:  Provided, That the amounts repurposed 
     in this section that were previously designated by the 
     Congress as an emergency requirement pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 202.  The Secretary of Commerce may waive, in whole or 
     in part, the matching requirements under section 306 and 
     306A, and the cost sharing requirements under section 315, of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1455, 
     1455a, and 1461 respectively) as necessary for fiscal years 
     2020, 2021, and 2022 upon written request by a coastal State.
       Sec. 203.  Amounts provided by this Act, or any other Act 
     making appropriations for fiscal year 2021, for the Hollings 
     Manufacturing Extension Partnership under the heading 
     ``National Institute of Standards and Technology--Industrial 
     Technology Services'' shall not be subject to cost share 
     requirements under section 25(e)(2) of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278k(e)(2)):  
     Provided, That the authority made available pursuant to this 
     section shall be elective for any Manufacturing Extension 
     Partnership Center that also receives funding from a State 
     that is conditioned upon the application of a Federal cost 
     sharing requirement.

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $620,000,000, to prevent, prepare for, and respond to 
     coronavirus, including the impact of coronavirus on the work 
     of the Department of Justice, to include funding for medical 
     testing and services, personal protective equipment, hygiene 
     supplies and services, and sanitation services:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $3,000,000, to remain available until expended to 
     prevent, prepare for, and respond to coronavirus, including 
     the impact of coronavirus on the work of the Department of 
     Justice and to carry out investigations and audits related to 
     the funding made available for the Department of Justice in 
     this Act and in title II of division B of Public Law 116-136: 
      Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For an additional amount for ``Violence Against Women 
     Prevention and Prosecution Programs'', $375,000,000, to 
     remain available until expended, of which--
       (1) $100,000,000 is for formula grants to States and 
     territories to combat violence against women, as authorized 
     by part T of title I of the Omnibus Crime Control and Safe 
     Streets Acts of 1968;
       (2) $40,000,000 is for transitional housing assistance 
     grants for victims of domestic violence, dating violence, 
     stalking, or sexual assault, as authorized by section 40299 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (Public Law 103-322; ``1994 Act'');
       (3) $100,000,000 is for formula grants to States and 
     territories for sexual assault victims assistance, as 
     authorized by section 41601 of the 1994 Act;
       (4) $20,000,000 is for rural domestic violence and child 
     abuse enforcement assistance grants, as authorized by section 
     40295 of the 1994 Act;
       (5) $15,000,000 is for grants to support families in the 
     justice system, as authorized by section 1301 of the Victims 
     of Trafficking and Violence Protection Act of 2000 (Public 
     Law 106-386);
       (6) $50,000,000 is for grants to Tribal governments, Tribal 
     coalitions, Tribal non-profit organizations and Tribal 
     organizations that serve Native victims for purposes 
     authorized under 34 U.S.C. 10441(d), 34 U.S.C. 12511(d), 34 
     U.S.C. 10452 and 34 U.S.C. 12511(e);
       (7) $25,000,000 is for grants to enhance culturally 
     specific services for victims of domestic violence, dating 
     violence, sexual assault, and stalking, as authorized under 
     34 U.S.C. 20124 (commonly referred to as the ``Culturally 
     Specific Services Program''); and
       (8) $25,000,000 is for grants for outreach and services to 
     underserved populations as authorized under 34 U.S.C. 20123 
     (commonly referred to as the ``Underserved Program''):
       Provided, That a recipient of such funds shall not be 
     subject, as a condition for receiving the funds, to any 
     otherwise-applicable requirement to provide or obtain other 
     Federal or non-Federal funds:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                       Office Of Justice Programs

               state and local law enforcement assistance

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $250,000,000, to remain available 
     until expended, for offender reentry programs and research, 
     as authorized by the Second Chance Act of 2007 (Public Law 
     110-199) and by the Second Chance Reauthorization Act of 2018 
     (Public Law 115-391), without regard to the time limitations 
     specified at section 6(1) of such Act, to prevent, prepare 
     for, and respond to coronavirus:  Provided, That a recipient 
     of funds made available under this heading in this Act shall 
     not be subject, as a condition for receiving the funds, to 
     any otherwise-applicable requirement to provide or obtain 
     other Federal or non-Federal funds:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $600,000,000, to remain available 
     until expended, for grants, contracts, cooperative 
     agreements, and other assistance as authorized by the 
     Pandemic Justice Response Act (title II of division T of this 
     Act, referred to in this paragraph as ``the Act''):  
     Provided, That $500,000,000 is to establish and implement 
     policies and procedures to prevent, detect, and stop the 
     presence and spread of COVID-19 among arrestees, detainees, 
     inmates, correctional facility staff, and visitors to the 
     facilities; and for pretrial citation and release grants, as 
     authorized by the Act:  Provided further, That $25,000,000 is 
     for Rapid COVID-19 Testing, as authorized by the Act:  
     Provided further, That $75,000,000 is for grants for Juvenile 
     Specific Services, as authorized by the Act:  Provided 
     further, That a recipient of funds made available under this 
     heading in this Act shall not be subject, as a condition for 
     receiving the funds, to any otherwise-applicable requirement 
     to provide or obtain other Federal or non-Federal funds:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       juvenile justice programs

       For an additional amount for ``Juvenile Justice Programs'', 
     $100,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, of which $50,000,000 
     shall be for juvenile justice programs authorized by section 
     221 of the Juvenile Justice and Delinquency Prevention Act of 
     1974, and $50,000,000 shall be for programs authorized by the 
     Victims of Child Abuse Act of 1990:  Provided, That funds 
     made available under this heading in this Act shall be made 
     available without any otherwise applicable requirement that a 
     recipient of such funds provide any other Federal funds, or 
     any non-Federal funds, as a condition for receiving the funds 
     made available under such heading:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                SCIENCE

                      National Science Foundation

                    research and related activities

                     (including transfer of funds)

       For an additional amount for ``Research and Related 
     Activities'', $2,587,000,000, to remain available until 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, including to fund research grants:  Provided, 
     That up to $2,537,000,000 shall be for necessary expenses, 
     including extensions of existing research grants, cooperative 
     agreements, scholarships, fellowships, and apprenticeships:  
     Provided further, That $1,000,000 shall be for a study on the

[[Page H5215]]

     spread of COVID-19 related disinformation, as described in 
     section 204 of this Act:  Provided further, That, of the 
     amount appropriated under this heading in this Act, up to 2 
     percent of funds may be transferred to the ``Agency 
     Operations and Award Management'' account for management, 
     administration, and oversight of funds provided under this 
     heading in this Act:  Provided further, That such transfer 
     authority is in addition to any other transfer authority 
     provided by law:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     education and human resources

       For an additional amount for ``Education and Human 
     Resources'', $300,000,000, to remain available until 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, including extensions of existing research 
     grants, cooperative agreements, scholarships, fellowships, 
     and apprenticeships:  Provided, That, of the amount 
     appropriated under this heading in this Act, up to 2 percent 
     of funds may be transferred to the ``Agency Operations and 
     Award Management'' account for management, administration, 
     and oversight of funds provided under this heading in this 
     Act:  Provided further, That such transfer authority is in 
     addition to any other transfer authority provided by law:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                   administrative provision--science


                    study on covid-19 disinformation

       Sec. 204.  (a) Study.--No later than 30 days after the date 
     of enactment of this Act, the Director of the National 
     Science Foundation shall enter into an arrangement with the 
     National Academies of Science, Engineering, and Medicine 
     (National Academies) to conduct a study on the current 
     understanding of the spread of COVID-19-related 
     disinformation on the internet and social media platforms. 
     The study shall address the following:
       (1) the role disinformation and misinformation has played 
     in the public response to COVID-19;
       (2) the sources of COVID-19-related disinformation--both 
     foreign and domestic--and the mechanisms by which that 
     disinformation influences the public debate;
       (3) the role social media plays in the dissemination and 
     promotion of COVID-19 disinformation and misinformation 
     content and the role social media platforms play in the 
     organization of groups seeking to spread COVID-19 
     disinformation;
       (4) the potential financial returns for creators or 
     distributors of COVID-19 disinformation, and the role such 
     financial incentives play in the propagation of COVID-19 
     disinformation;
       (5) potential strategies to mitigate the dissemination and 
     negative impacts of COVID-19 disinformation, including 
     specifically, the dissemination of disinformation on social 
     media, including through improved disclosures; and
       (6) an analysis of the limitations of these mitigation 
     strategies, and an analysis of how these strategies can be 
     implemented without infringing on Americans' Constitutional 
     rights and civil liberties.
       (b) Report.--In entering into an arrangement under this 
     section, the Director shall request that the National 
     Academies transmit to Congress a report on the results of the 
     study not later than 12 months after the date of enactment of 
     this Act.
       (c) Authorization.--There is authorized to be appropriated 
     for the purposes of conducting the study in this section 
     $1,000,000.

                            RELATED AGENCIES

                       Legal Services Corporation

               payment to the legal services corporation

       For an additional amount for ``Payment to the Legal 
     Services Corporation'', $100,000,000, for the same purposes 
     and subject to the same conditions as the appropriations for 
     fiscal year 2020 under this heading in title II of division B 
     of the CARES Act (Public Law 116-136):  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 DEFENSE

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $100,000,000, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $100,000,000, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $10,000,000, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $100,000,000, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $10,000,000, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $705,000,000, of which $175,000,000 shall be for operation 
     and maintenance, and $530,000,000 shall be for research, 
     development, test and evaluation, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That prior to the obligation of such funds the 
     Assistant Secretary of Defense (Health Affairs) shall submit 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate a spend plan on the use of 
     funds made available under this heading in this Act:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 301.  For an additional amount for ``Operation and 
     Maintenance, Army'', $400,000,000, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That such amount shall be used for necessary 
     expenses, including salaries, cleaning, utilities and 
     personal protective equipment, for recreational entities, 
     childcare development centers and other entities affected by 
     the coronavirus that derive funding from non-appropriated 
     accounts:  Provided, That prior to the obligation of such 
     funds the Secretary of the Army shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a spend plan on the use of funds made 
     available by this section:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 302.  For an additional amount for ``Operation and 
     Maintenance, Navy'', $400,000,000, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That such amount shall be used for necessary 
     expenses, including salaries, cleaning, utilities and 
     personal protective equipment, for recreational entities, 
     childcare development centers and other entities affected by 
     the coronavirus that derive funding from non-appropriated 
     accounts:  Provided, That prior to the obligation of such 
     funds the Secretary of the Navy shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a spend plan on the use of funds made 
     available by this section:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 303.  For an additional amount for ``Operation and 
     Maintenance, Air Force'', $500,000,000, to prevent, prepare 
     for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount shall be used 
     for necessary expenses, including salaries, cleaning, 
     utilities and personal protective equipment, for recreational 
     entities, childcare development centers and other entities 
     affected by the coronavirus that derive funding from non-
     appropriated accounts:  Provided, That prior to the 
     obligation of such funds the Secretary of the Air Force shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate a spend plan on the use of 
     funds made available by this section:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 304.  For an additional amount for ``Operation and 
     Maintenance, Marine Corps'', $100,000,000, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount shall be used 
     for necessary expenses, including salaries, cleaning, 
     utilities and personal protective equipment, for recreational 
     entities, childcare development centers and other entities 
     affected by the coronavirus that derive funding from non-
     appropriated accounts:  Provided, That prior to the 
     obligation of such funds the Secretary of the Navy shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate a spend plan on the use of 
     funds made available by this section:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

[[Page H5216]]

  


                                TITLE IV

                            ENERGY AND WATER

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

       For an additional amount for ``Water and Related 
     Resources'', $7,000,000, to prevent, prepare for, and respond 
     to coronavirus, domestically or internationally:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                          DEPARTMENT OF ENERGY

                            Energy Programs

                                science

       For an additional amount for ``Science'', $143,000,000, for 
     necessary expenses to offset the costs of impacts due to the 
     coronavirus pandemic or public health measures related to the 
     coronavirus pandemic for the following projects:
       (1) Core Facility Revitalization,
       (2) Large Synoptic Survey Telescope Camera,
       (3) Linac Coherent Light Source II,
       (4) Muon to Electron Conversion Experiment, and
       (5) Super Cryogenic Dark Matter Search:
       Provided,That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      departmental administration

       For an additional amount for ``Departmental 
     Administration'', $1,300,000, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     including for necessary expenses related to personal 
     protective equipment:  Provided,That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 401.  Funds appropriated in this title may be made 
     available to restore amounts, either directly or through 
     reimbursement, for obligations incurred for the same purposes 
     to prevent, prepare for, and respond to coronavirus prior to 
     the date of enactment of this Act.
       Sec. 402. (a) Requirements relating to non-Federal cost-
     share grants and cooperative agreements for the Delta 
     Regional Authority under section 382D of the Agricultural Act 
     of 1961 and Consolidated Farm and Rural Development Act (7 
     U.S.C. 2009aa--3) are waived for grants awarded in fiscal 
     year 2020 and in subsequent years in response to economic 
     distress directly related to the impacts of the Coronavirus 
     Disease (COVID-19).
       (b) Requirements relating to non-Federal cost-share grants 
     and cooperative agreements for the Northern Border Regional 
     Commission under section 15501(d) of title 40, United States 
     Code, are waived for grants awarded in fiscal year 2020 and 
     in subsequent years in response to economic distress directly 
     related to the impacts of the Coronavirus Disease (COVID-19).
       (c) Requirements relating to non-Federal cost-share grants 
     and cooperative agreements for the Denali Commission are 
     waived for grants awarded in fiscal year 2020 and in 
     subsequent years in response to economic distress directly 
     related to the impacts of the Coronavirus Disease (COVID-19).
       (d) Amounts repurposed pursuant to this section that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                TITLE V

               FINANCIAL SERVICES AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                      office of inspector general

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $35,000,000, to remain available until expended, to conduct 
     monitoring and oversight of the receipt, disbursement, and 
     use of funds made available under the ``Coronavirus State 
     Fiscal Relief Fund'' and the ``Coronavirus Local Fiscal 
     Relief Fund'' (collectively, ``Fiscal Relief Funds''):  
     Provided, That, if the Inspector General of the Department of 
     the Treasury determines that an entity receiving a payment 
     from amounts provided by the Fiscal Relief Funds has failed 
     to comply with the provisions governing the use of such 
     funding, the Inspector General shall transmit any relevant 
     information related to such determination to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate not later than 5 days after any such determination is 
     made:  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.

           treasury inspector general for tax administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,500,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                       homeowner assistance fund

       For activities and assistance authorized in section 202 of 
     division O of this Act, $21,000,000,000, to remain available 
     until expended:  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.

                  coronavirus state fiscal relief fund

       For making payments to States, territories, and Tribal 
     governments to mitigate the fiscal effects stemming from the 
     public health emergency with respect to the Coronavirus 
     Disease (COVID-19), $257,000,000,000 to remain available 
     until expended, which shall be in addition to any other 
     amounts available for making payments to States, territories, 
     and Tribal governments for any purpose (including payments 
     made under section 601 of the Social Security Act), of which:
       (1) $9,500,000,000 shall be for making payments to the 
     Commonwealth of Puerto Rico, United States Virgin Islands, 
     Guam, Commonwealth of the Northern Mariana Islands, and 
     American Samoa:  Provided, That of the amount made available 
     in this paragraph, half shall be allocated equally among each 
     entity specified in this paragraph, and half shall be 
     allocated as an additional amount to each such entity in an 
     amount which bears the same proportion to half of the total 
     amount provided under this paragraph as the relative 
     population of each such entity bears to the total population 
     of all such entities;
       (2) $9,500,000,000 shall be for making payments to Tribal 
     governments, of which--
       (A) $1,000,000,000 shall be allocated equally between each 
     Tribal government; and
       (B) $8,500,000,000 shall be allocated as an additional 
     amount to each Tribal government in an amount determined by 
     the Secretary of the Treasury, in consultation with the 
     Secretary of the Interior and Tribal governments, that is 
     based on increased aggregate expenditures of each such Tribal 
     government (or a tribally-owned entity of such Tribal 
     government) in fiscal year 2020 relative to aggregate 
     expenditures in fiscal year 2019 by the Tribal government (or 
     tribally-owned entity) and determined in such manner as the 
     Secretary determines appropriate to ensure that all amounts 
     available pursuant to this subparagraph are distributed to 
     Tribal governments:
       Provided, That not later than 24 hours before any payments 
     for Tribal governments are distributed by the Secretary of 
     the Treasury pursuant to this paragraph, the Secretary of the 
     Treasury shall publish on the website of the Department of 
     the Treasury a detailed description of the funding allocation 
     formulas used pursuant to this paragraph, and a detailed 
     description of the procedure and methodology used to 
     determine such funding allocation formula:  Provided Further, 
     That not later than 7 days after any payments for Tribal 
     governments are so distributed, the Secretary shall publish 
     on the website of the Department of the Treasury the date and 
     amount of all fund disbursements, broken down by individual 
     Tribal government recipient; and
       (3) $238,000,000,000 shall be for making payments to each 
     of the 50 States and the District of Columbia, of which--
       (A) an amount equal to $1,250,000,000 less the amount 
     allocated for the District of Columbia pursuant to section 
     601(c)(6) of the Social Security Act, shall only be for 
     payment to the District of Columbia, in addition to any other 
     funding available for such purpose (including payments under 
     subparagraph (B) of this paragraph):  Provided, That the 
     Secretary of the Treasury shall pay all amounts provided by 
     this section directly to the District of Columbia not less 
     than 5 days after the date of enactment of this Act; and
       (B) the remainder shall be allocated between each such 
     entity in an amount which bears the same proportion to the 
     total amount provided under this paragraph as the average 
     estimated number of seasonally-adjusted unemployed 
     individuals (as measured by the Bureau of Labor Statistics 
     Local Area Unemployment Statistics program) in each such 
     entity in August 2020 bears to the average estimated number 
     of seasonally-adjusted unemployed individuals in all such 
     entities:  Provided, That the Secretary of the Treasury shall 
     adjust, on a pro rata basis, the amount allocated to each 
     such entity pursuant to the matter preceding this proviso in 
     this paragraph to the extent necessary to ensure a minimum 
     payment of $500,000,000 to each such entity:
       Provided, That any entity receiving a payment from funds 
     made available under this heading in this Act shall only use 
     such amounts to respond to, mitigate, cover costs or replace 
     foregone revenues not projected on January 31, 2020 stemming 
     from the public health emergency, or its negative economic 
     impacts, with respect to the Coronavirus Disease (COVID-19):  
     Provided further, That if the Inspector General of the 
     Department of the Treasury determines that an entity 
     receiving a payment from amounts provided under this heading 
     has failed to comply with the preceding proviso, the amount 
     equal to the amount of funds used in violation of such 
     proviso shall be booked as a debt of such entity owed to the 
     Federal Government, and any amounts recovered shall be 
     deposited into the general fund of the Treasury as 
     discretionary offsetting receipts:  Provided further, That 
     for purposes of the preceding provisos under this heading in 
     this Act, the population of each entity described in any such 
     proviso shall be determined based on the most recent year for 
     which data are available from the Bureau of the Census, or in 
     the case of an Indian tribe, shall be determined based on 
     data certified by the Tribal government:  Provided further, 
     That an entity

[[Page H5217]]

     receiving a payment from amounts provided under this heading 
     may transfer funds to a private nonprofit organization (as 
     that term is defined in paragraph (17) of section 401 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), 
     or to a special-purpose unit of local government or a multi-
     state entity involved in the transportation of passengers or 
     cargo:  Provided further, That as used under this heading in 
     this Act, the term ``Tribal government'' has the same meaning 
     as specified in section 601(g) of the Social Security Act (42 
     U.S.C. 601(g)), as added by section 5001 of the CARES Act 
     (Public Law 116-136) and amended by section 201 of division U 
     of this Act, and the term ``State'' means one of the 50 
     States:  Provided further, That the Secretary of Treasury 
     shall make all payments prescribed under this heading in this 
     Act not later than 30 days after 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.

                  coronavirus local fiscal relief fund

       For making payments to metropolitan cities, counties, and 
     other units of general local government to mitigate the 
     fiscal effects stemming from the public health emergency with 
     respect to the Coronavirus Disease (COVID-19), 
     $179,000,000,000, to remain available until expended, which 
     shall be in addition to any other amounts available for 
     making payments to metropolitan cities, counties, and other 
     units of general local government (including payments made 
     under section 601 of the Social Security Act), of which--
       (1) $89,500,000,000 shall be for making payments to 
     metropolitan cities and other units of general local 
     government (as those terms are defined in section 102 of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5302)), of which--
       (A) $62,650,000,000 shall be allocated pursuant to the 
     formula under section 106(b)(1) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306(b)(1)) to 
     metropolitan cities (as defined in section 102(a)(4) of such 
     Act (42 U.S.C. 5302(a)(4)), including metropolitan cities 
     that have relinquished or deferred their status as a 
     metropolitan city as of the date of enactment of this Act; 
     and
       (B) $26,850,000,000 shall be distributed to each State (as 
     that term is defined in section 102 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5302)) for use 
     by units of general local government, other than counties or 
     parishes, in nonentitlement areas (as defined in such section 
     102) of such States in an amount which bears the same 
     proportion to the total amount provided under this 
     subparagraph as the total population of such units of general 
     local government within the State bears to the total 
     population of all such units of general local government in 
     all such States:  Provided, That a State shall pass-through 
     the amounts received under this subparagraph, within 30 days 
     of receipt, to each such unit of general local government in 
     an amount that bears the same proportion to the amount 
     distributed to each such State as the population of such unit 
     of general local government bears to the total population of 
     all such units of general local government within each such 
     State:  Provided further, That if a State has not elected to 
     distribute amounts allocated under this paragraph, the 
     Secretary of the Treasury shall pay the applicable amounts 
     under this subparagraph to such units of general local 
     government in the State not later than 30 days after the date 
     on which the State would otherwise have received the amounts 
     from the Secretary; and
       (2) $89,500,000,000 shall be paid directly to counties 
     within the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa in an amount which bears the same 
     proportion to the total amount provided under this paragraph 
     as the relative population of each such county bears to the 
     total population of all such entities:  Provided, That no 
     county that is an ``urban county'' (as defined in section 102 
     of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5302)) shall receive less than the amount the county 
     would otherwise receive if the amount distributed under this 
     paragraph were allocated to metropolitan cities and urban 
     counties under section 106(b) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306(b)):  Provided 
     further, That in the case of an amount to be paid to a county 
     that is not a unit of general local government, the amount 
     shall instead be paid to the State in which such county is 
     located, and such State shall distribute such amount to units 
     of general local government within such county in an amounts 
     that bear the same proportion as the population of such units 
     of general local government bear to the total population of 
     such county:  Provided further, That for purposes of this 
     paragraph, the District of Columbia shall be considered to 
     consist of a single county that is a unit of general local 
     government:
       Provided further, That any entity receiving a payment from 
     funds made available under this heading in this Act shall 
     only use such amounts to respond to, mitigate, cover costs or 
     replace foregone revenues not projected on January 31, 2020 
     stemming from the public health emergency, or its negative 
     economic impacts, with respect to the Coronavirus Disease 
     (COVID-19):  Provided further, That if the Inspector General 
     of the Department of the Treasury determines that an entity 
     receiving a payment from amounts provided under this heading 
     has failed to comply with the preceding proviso, the amount 
     equal to the amount of funds used in violation of such 
     proviso shall be booked as a debt of such entity owed to the 
     Federal Government, and any amounts recovered shall be 
     deposited into the general fund of the Treasury as 
     discretionary offsetting receipts:  Provided further, That 
     for purposes of the preceding provisos under this heading in 
     this Act, the population of each entity described in any such 
     proviso shall be determined based on the most recent year for 
     which data are available from the Bureau of the Census, or in 
     the case of an Indian tribe, shall be determined based on 
     data certified by the Tribal government:  Provided further, 
     That an entity receiving a payment from amounts provided 
     under this heading may transfer funds to a private nonprofit 
     organization (as that term is defined in paragraph (17) of 
     section 401 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11360(17)), or to a special-purpose unit of local 
     government or a multi-state entity involved in the 
     transportation of passengers or cargo:  Provided further, 
     That nothing in paragraph (1) or (2) shall be construed as 
     prohibiting a unit of general local government that has 
     formed a consolidated government, or that is geographically 
     contained (in full or in part) within the boundaries of 
     another unit of general local government from receiving a 
     distribution under each of subparagraphs (A) and (B) under 
     paragraph (1) or under paragraph (2), as applicable, based on 
     the respective formulas specified contained therein:  
     Provided further, That the amounts otherwise determined for 
     distribution to units of local government under each of 
     subparagraphs (A) and (B) under paragraph (1) and under 
     paragraph (2) shall each be adjusted by the Secretary of the 
     Treasury on a pro rata basis to the extent necessary to 
     comply with the amount appropriated and the requirements 
     specified in each paragraph and subparagraph, as applicable:  
     Provided further, That as used under this heading in this 
     Act, the term ``county'' means a county, parish, or other 
     equivalent county division (as defined by the Bureau of the 
     Census):  Provided further, That for purposes of the 
     preceding provisos under this heading in this Act, the 
     population of an entity shall be determined based on the most 
     recent year for which data are available from the Bureau of 
     the Census:  Provided further, That such amount is designated 
     by Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

             covid-19 multi-state agency fiscal relief fund

       For making payments to multi-State entities that are 
     involved in the transportation of passengers or cargo and are 
     suffering revenue losses due to the Coronavirus Disease 2019 
     (COVID-19) pandemic, $100,000,000, to remain available until 
     expended, which shall be in addition to any other amounts 
     available for making payments to States, metropolitan cities, 
     counties, and other units of state and general local 
     government (including payments made under section 601 of the 
     Social Security Act), and which shall be paid directly to 
     multi-State entities (as that term is used in 15 U.S.C. 
     9041(10)(D)) for use by multi-State entities:  Provided, That 
     the funds provided under this paragraph shall be allocated to 
     a multi-State entity that is an eligible issuer and multi-
     State entity under the terms set forth by the Federal Reserve 
     on June 3, 2020 for the Municipal Liquidity Facility 
     established by the Board of Governors of the Federal Reserve 
     System:  Provided further, That such amounts shall be 
     allocated by the Secretary of the Treasury proportionally to 
     each multi-State entity covered under this paragraph based on 
     an amount equal to the product obtained by multiplying the 
     total amount appropriated to the Secretary under this 
     paragraph and the quotient obtained by dividing--
       (1) the total gross operating revenue of the multi-State 
     entity receiving funds for fiscal year 2018; by
       (2) the total gross operating revenue for fiscal year 2018 
     of all multi-State entities that are eligible to receive 
     funds under this paragraph:
       Provided further, That neither a State nor local government 
     may serve as a pass-through for any amounts received by a 
     multi-State entity:  Provided further, That such sums shall 
     be distributed directly by the Secretary to each multi-State 
     entity not later than December 31, 2020:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

   Community Development Financial Institutions Fund Program Account

       For an additional amount for the ``Community Development 
     Financial Institutions Fund Program Account'', 
     $1,000,000,000, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     the Community Development Financial Institutions Fund (CDFI) 
     shall provide grants using a formula that takes into account 
     criteria such as certification status, financial and 
     compliance performance, portfolio and balance sheet strength, 
     and program capacity:  Provided further, That not less than 
     $25,000,000 shall be for financial assistance, technical 
     assistance, and training and outreach programs designed to 
     benefit Native American, Native Hawaiian, and Alaska Native 
     communities:  Provided further, That the CDFI Fund shall make 
     funds provided under this heading in this Act available to 
     grantees not later than 60 days after the date of enactment 
     of this Act:  Provided further, That funds made available 
     under this heading may be used for administrative expenses, 
     including administration of CDFI Fund programs and the New 
     Markets Tax Credit Program:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

[[Page H5218]]

  


           administrative provision--internal revenue service

                     (including transfer of funds)

       Sec. 501.  For an additional amount for fiscal year 2021, 
     and in addition to the amounts otherwise available to the 
     Internal Revenue Service for the purposes specified in this 
     section, $359,000,000, to prevent, prepare for, and respond 
     to coronavirus, including for costs associated with the 
     extended filing season:  Provided, That such funds may be 
     transferred by the Commissioner to the ``Taxpayer Services'', 
     ``Enforcement'', or ``Operations Support'' accounts of the 
     Internal Revenue Service for an additional amount to be used 
     solely to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate shall be notified in advance of any such 
     transfer:  Provided further, That such transfer authority is 
     in addition to any other transfer authority provided by law:  
     Provided further, That not later than 30 days after the date 
     of enactment of this Act, the Commissioner shall submit to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate a spending plan and subsequent 
     quarterly reports detailing the actual and expected 
     expenditures of such funds:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                             THE JUDICIARY

     Court Of Appeals, District Courts, And Other Judicial Services

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $25,000,000, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:   Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                          INDEPENDENT AGENCIES

                     Election Assistance Commission

                       election resilience grants

                     (including transfer of funds)

       For an additional amount for payments by the Election 
     Assistance Commission to States for contingency planning, 
     preparation, and resilience of elections for Federal office, 
     $3,600,000,000:  Provided, That of the amount provided under 
     this heading, up to $5,000,000 may be transferred to and 
     merged with ``Election Assistance Commission--Salaries and 
     Expenses'':  Provided further, That such transfer authority 
     is in addition to any other transfer authority provided by 
     law:  Provided further, That under this heading the term 
     ``State'' means each of the 50 States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands:  Provided further, That the 
     amount of the payments made to a State under this heading 
     shall be consistent with sections 101(d) and 103 of the Help 
     America Vote Act of 2002 (52 U.S.C. 20903):  Provided 
     further, That not later than 30 days after the date of 
     enactment of this Act, the Election Assistance Commission 
     shall obligate the funds to States under this heading in this 
     Act:  Provided further, That not less than 50 percent of the 
     amount of the payment made to a State under this heading in 
     this Act shall be allocated in cash or in kind to the units 
     of local government which are responsible for the 
     administration of elections for Federal office in the State:  
     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.

        administrative provision--election assistance commission

       Sec. 502. (a) The last proviso under the heading ``Election 
     Assistance Commission--Election Security Grants'' in the 
     Financial Services and General Government Appropriations Act, 
     2020 (division C of Public Law 116-93; 133 Stat. 2461) shall 
     not apply with respect to any payment made to a State using 
     funds appropriated or otherwise made available to the 
     Election Assistance Commission under the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (b) The first proviso under the heading ``Election 
     Assistance Commission--Election Security Grants'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) is amended by striking ``within 20 days of each 
     election in the 2020 Federal election cycle in that State,'' 
     and inserting ``not later than October 30, 2021,''.
       (c) The fourth proviso under the heading ``Election 
     Assistance Commission--Election Security Grants'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) is amended by striking ``December 31, 2020'' and 
     inserting ``September 30, 2021''.
       (d) A State may elect to reallocate funds allocated under 
     the heading ``Election Assistance Commission--Election 
     Security Grants'' in the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136) or under this 
     heading in this Act as funds allocated under the heading 
     ``Election Assistance Commission--Election Security Grants'' 
     in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-93; 
     133 Stat. 2461) that were spent to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, for 
     the 2020 Federal election cycle; or funds allocated under the 
     heading ``Election Assistance Commission--Election Reform 
     Program'' in the Financial Services and Government 
     Appropriations Act, 2018 (division E of Public Law 115-141) 
     that were spent to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for the 2020 
     Federal election cycle.
       (e) This section shall take effect as if included in the 
     enactment of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136).
       (f) The amounts repurposed pursuant to this section that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                   Federal Communications Commission

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $24,000,000, for implementing title VIII of the 
     Communications Act of 1934 (47 U.S.C. 641 et seq.), as added 
     by the Broadband DATA Act (Public Law 116-130):  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.
       For an additional amount for ``Salaries and Expenses'', 
     $200,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally, including to support efforts of health care 
     providers to address coronavirus by providing 
     telecommunications services, information services, and 
     devices necessary to enable the provision of telehealth 
     services during an emergency period, as defined in section 
     1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)):  Provided, That the Federal Communications 
     Commission may rely on the rules of the Commission under part 
     54 of title 47, Code of Federal Regulations, in administering 
     the amount provided under the heading in this Act if the 
     Commission determines that such administration is in the 
     public interest:  Provided further, That up to $4,000,000 
     shall be used by the Office of Inspector General to audit and 
     conduct investigations of funds made available in this Act or 
     in the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136) to the Federal Communications Commission 
     for the provision of telehealth services during an emergency 
     period, and that the Office of Inspector General shall report 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and the Committee 
     on Commerce, Science, and Transportation of the Senate each 
     month, until all emergency telehealth funding has been 
     obligated, on the status of approved applications, pending 
     applications, and rejected applications for such funding, and 
     on recommendations to improve the transparency and fairness 
     of distribution of such funding:  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.

                      emergency connectivity fund

       For an additional amount for the ``Emergency Connectivity 
     Fund'', $12,000,000,000, to remain available until September 
     30, 2022, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, through the 
     provision of funding for Wi-fi hotspots, other equipment, 
     connected devices, and advanced telecommunications and 
     information services to schools and libraries as authorized 
     in section 201 of division M 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.

                 emergency broadband connectivity fund

       For an additional amount for the ``Emergency Broadband 
     Connectivity Fund'', $3,000,000,000, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     through the provision of an emergency benefit for broadband 
     service as authorized in section 301 of division M 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.

                    General Services Administration

                     technology modernization fund

       For an additional amount for the ``Technology Modernization 
     Fund'', $1,000,000,000, to remain available until September 
     30, 2022, for technology-related modernization activities to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

              National Archives and Records Administration

                     records center revolving fund

       For an additional amount for the ``Records Center Revolving 
     Fund'' for the Federal Record Centers Program, $92,000,000, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, which shall be for 
     offsetting the loss resulting from the coronavirus pandemic 
     of the user charges collected by such Fund pursuant to 
     subsection (c) under the heading ``Records Center Revolving 
     Fund'' in Public Law 106-58, as amended (44 U.S.C. 2901 
     note):  Provided, That the amount provided under this heading 
     in this Act may be used to reimburse the Fund for obligations 
     incurred for this purpose prior to the date of the enactment 
     of this Act:  Provided further, That such amount is provided 
     without regard to the limitation in

[[Page H5219]]

     subsection (d) under the heading ``Records Center Revolving 
     Fund'' in Public Law 106-58, as amended (44 U.S.C. 2901 
     note):  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                     Office of Personnel Management

                      office of inspector general

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,000,000, to remain available until expended to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                     Small Business Administration

                         emergency eidl grants

       For an additional amount for ``Emergency EIDL Grants'' for 
     the cost of emergency EIDL grants authorized by section 1110 
     of division A of the CARES Act (Public Law 116-136), 
     $50,000,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That of the 
     amount provided under this heading in this Act, 
     $40,000,000,000 shall be for carrying out subsection (i) of 
     such section 1110:  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.

        administrative provision--small business administration

       Sec. 503.  For fiscal year 2021, commitments for general 
     business loans authorized under paragraphs (1) through (35) 
     of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) 
     shall not exceed $75,000,000,000 for a combination of 
     amortizing term loans and the aggregated maximum line of 
     credit provided by revolving loans.

                      United States Postal Service

                     payment to postal service fund

       For an additional payment to the ``Postal Service Fund'', 
     for revenue forgone due to coronavirus, $15,000,000,000, to 
     remain available until September 30, 2022:  Provided, That 
     the Postal Service, during the coronavirus emergency, shall 
     prioritize the purchase of, and make available to all Postal 
     Service employees and facilities, personal protective 
     equipment, including gloves, masks, and sanitizers, and shall 
     conduct additional cleaning and sanitizing of Postal Service 
     facilities and delivery vehicles:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                      office of inspector general

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $15,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 504. (a) Oversight of Covered Funds.--The matter 
     preceding the first proviso under the heading ``Independent 
     Agencies--Pandemic Response Accountability Committee'' in 
     title V of division B of the CARES Act (Public Law 116-136) 
     is amended by striking ``funds provided in this Act to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally'' and inserting `` `covered 
     funds', as that term is defined in section 15010 of this 
     Act''.
       (b) Definition of Covered Funds.--Section 15010(a)(6) of 
     division B of the Coronavirus, Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended--
       (1) in subparagraph (A), by striking ``this Act'' and 
     inserting ``the Coronavirus Aid, Relief, and Economic 
     Security Act (divisions A and B) (Public Law 116-136)''; and
       (2) by striking subparagraph (D) and inserting:
       ``(D) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139);
       ``(E) all divisions of this Act; or
       ``(F) The Heroes Act; and''.
       (c) Appointment of Chairperson.--Section 15010(c) of 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended--
       (1) in paragraph (1), by striking ``and (D)'' and inserting 
     ``(D), and (E)''; and
       (2) in paragraph (2)(E), by inserting ``of the Council'' 
     after ``Chairperson''.
       (d) Retroactive Reporting on Large Covered Funds.--
       (1) Definitions.--In this subsection, the terms ``agency'' 
     and ``large covered funds'' have the meanings given those 
     terms in section 15011 of division B of the Coronavirus, Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (2) Guidance.--
       (A) In general.--Not later than 14 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue guidance for agencies to 
     ensure the collection and timely reporting for the obligation 
     and expenditure of large covered funds under division A of 
     the CARES Act (Public Law 116-136) on and after the date of 
     enactment of that Act.
       (B) Requirement.--The guidance issued under subparagraph 
     (A) shall require that, not later than 120 days after the 
     date of enactment of this Act, agencies shall make all 
     reports required under section 15011 of division B of the 
     CARES Act (Public Law 116-136) relating to large covered 
     funds under division A of such Act that have been expended or 
     obligated during the period beginning on the date of 
     enactment of the CARES Act (Public Law 116-136) and ending on 
     the day before the date of enactment of this Act.
       (C) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the deadlines for reporting under 
     section 15011 of division B of the CARES Act (Public Law 116-
     136) relating to large covered funds that have been expended 
     or obligated under divisions A or B of such Act, on or after 
     the date of enactment of this Act.
       (c) Designation.--Amounts repurposed under this section 
     that were previously designated by the Congress, 
     respectively, as an emergency requirement or as being for 
     disaster relief pursuant to the Balanced Budget and Emergency 
     Deficit Control Act are designated by the Congress as being 
     for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 or as being for disaster relief pursuant 
     to section 251(b)(2)(D) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 505.  Title V of division B of the CARES Act (Public 
     Law 116-136) is amended by striking the fifth proviso under 
     the heading ``General Services Administration--Real Property 
     Activities--Federal Buildings Fund'':  Provided, That the 
     amounts repurposed pursuant to this section that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                TITLE VI

                           HOMELAND SECURITY

                      Office of Inspector General

                         operations and support

       For an additional amount for ``Operations and Support'', 
     $3,000,000, for oversight of activities supported by funds 
     provided under ``Federal Emergency Management Agency--
     Disaster Relief Fund'' in title VI of division B of Public 
     Law 116-136, in addition to amounts otherwise available for 
     such purposes:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                  Federal Emergency Management Agency

                           federal assistance

       For an additional amount for ``Federal Assistance'', 
     $1,300,000,000, to prevent, prepare for, and respond to 
     coronavirus, of which $500,000,000 shall be for Assistance to 
     Firefighter Grants for the purchase of personal protective 
     equipment and related supplies, mental health evaluations, 
     training, and temporary infectious disease de-contamination 
     or sanitizing facilities and equipment; of which $500,000,000 
     shall be for Staffing for Adequate Fire and Emergency 
     Response Grants; of which $100,000,000 shall be for Emergency 
     Management Performance Grants; and of which $200,000,000 
     shall be for the Emergency Food and Shelter Program:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 601.  Notwithstanding any other provision of law, 
     funds made available in this Act for ``Federal Emergency 
     Management Agency--Federal Assistance'' in this Act shall 
     only be used for the purposes specifically described under 
     that heading.
       Sec. 602. (a) Subsections (c)(2) and (k) of section 33 of 
     the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229) shall not apply to amounts appropriated for 
     ``Federal Emergency Management Agency--Federal Assistance'' 
     for Assistance to Firefighter Grants in this Act.
       (b) Subsection (k) of section 33 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229) shall not 
     apply to amounts provided for ``Federal Emergency Management 
     Agency--Federal Assistance'' for Assistance to Firefighter 
     Grants in title III of division D of Public Law 116-93 and in 
     title VI of division B of Public Law 116-136.
       (c) Amounts repurposed under this section that were 
     previously designated by the Congress as an emergency 
     requirement or as being for disaster relief pursuant to the 
     Balanced Budget and Emergency Deficit Control Act are 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 or 
     as being for disaster relief pursuant to section 251(b)(2)(D) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 603.  Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), 
     (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229a) shall 
     not apply to amounts appropriated for ``Federal Emergency 
     Management Agency--Federal Assistance'' for Staffing for 
     Adequate Fire and Emergency Response Grants in this Act and 
     in division D, title III of the Consolidated Appropriations 
     Act, 2020 (Public Law 116-93).

[[Page H5220]]

  


                               TITLE VII

              INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          resource management

       For an additional amount for ``Resource Management'', 
     $45,000,000, of which $15,000,000 shall be for wildlife 
     inspections, interdictions, and investigations and for 
     domestic and international efforts to address wildlife 
     trafficking; and of which $30,000,000 shall be for the care 
     of captive species listed under the Endangered Species Act, 
     rescued and confiscated wildlife, and other Federally-owned 
     animals in facilities experiencing lost revenues due to the 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         National Park Service

                  national recreation and preservation

       For an additional amount for ``National Recreation and 
     Preservation'', $20,000,000 for grants as authorized by the 
     9/11 Memorial Act (Public Law 115-413), to prevent, prepare 
     for, and respond to coronavirus.  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Bureau of Indian Affairs

                      operation of indian programs

       For an additional amount for ``Operation of Indian 
     Programs'', $900,000,000, to prevent, prepare for, and 
     respond to coronavirus, of which--
       (1) $100,000,000 shall be for housing improvement;
       (2) $780,000,000 shall be for providing Tribal government 
     services, for Tribal government employee salaries to maintain 
     operations, and cleaning and sanitization of Tribally owned 
     and operated facilities; and
       (3) $20,000,000 shall be used to provide and deliver 
     potable water:
       Provided, That none of the funds appropriated herein shall 
     be obligated until 3 days after the Bureau of Indian Affairs 
     provides a detailed spend plan, which includes distribution 
     and use of funds by Tribe, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That such amounts shall be in 
     addition to any other amounts available for such purposes:  
     Provided further, That the Bureau shall notify the Committees 
     on Appropriations of the House of Representatives and the 
     Senate quarterly on the obligations and expenditures of the 
     funds provided by this Act:  Provided further, That 
     assistance received herein shall not be included in the 
     calculation of funds received by those Tribal governments who 
     participate in the ``Small and Needy'' program:  Provided 
     further, That such amounts, if transferred to Indian Tribes 
     and Tribal organizations under the Indian Self-Determination 
     and Education Assistance Act (1) will be transferred on a 
     one-time basis, (2) are non-recurring funds that are not part 
     of the amount required by 25 U.S.C. 5325, and (3) may only be 
     used for the purposes identified under this heading in this 
     Act, notwithstanding any other provision of law:  Provided 
     further, That section 1308 of this Act shall not apply to 
     tribal contracts entered into by the Bureau of Indian Affairs 
     with this appropriation:  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

       For an additional amount for ``Assistance to Territories'', 
     $1,000,000,000, to remain available until expended, to 
     prevent, prepare for, respond to, and recover from 
     coronavirus, of which (1) $993,000,000 is for Capital 
     Improvement Project grants for hospitals and other critical 
     infrastructure; and (2) $7,000,000 is for territorial 
     assistance, including general technical assistance:  
     Provided, That any appropriation for disaster assistance 
     under this heading in this Act or previous appropriations 
     Acts may be used as non-Federal matching funds for the 
     purpose of hazard mitigation grants provided pursuant to 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c):  Provided 
     further, That amounts repurposed pursuant to this section 
     that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      Office of Inspector General

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until expended:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    Environmental Protection Agency

                 environmental programs and management

       For an additional amount for ``Environmental Programs and 
     Management'', $50,000,000, for environmental justice grants 
     as described in section 302 of division U of this Act:  
     Provided, That such amounts shall be in addition to any other 
     amounts available for such purposes:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For an additional amount for ``Indian Health Services'', 
     $1,734,000,000, to remain available until expended, to 
     prevent, prepare for, respond to, and provide health services 
     related to coronavirus, of which--
       (1) $1,000,000,000 shall be used to supplement reduced 
     third party revenue collections;
       (2) $500,000,000 shall be used for direct health and 
     telehealth services, including to purchase supplies and 
     personal protective equipment;
       (3) $140,000,000 shall be used to expand broadband 
     infrastructure and information technology for telehealth and 
     electronic health record system purposes;
       (4) $20,000,000 shall be used to address the needs of 
     domestic violence victims and homeless individuals and 
     families;
       (5) not less than $64,000,000 shall be for Urban Indian 
     Organizations; and,
       (6) not less than $10,000,000 shall be used to provide and 
     deliver potable water:
       Provided, That such funds shall be allocated at the 
     discretion of the Director of the Indian Health Service, and 
     shall be in addition to any other amounts available for such 
     purposes:  Provided further, That such amounts, if 
     transferred to Tribes and Tribal organizations under the 
     Indian Self-Determination and Education Assistance Act, will 
     be transferred on a one-time basis and that these non-
     recurring funds are not part of the amount required by 
     section 106 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5325), and that such amounts may 
     only be used for the purposes identified under this heading 
     notwithstanding any other provision of law:  Provided 
     further, That none of the funds appropriated under this 
     heading in this Act for telehealth broadband activities shall 
     be available for obligation until 3 days after the Indian 
     Health Service provides to the Committees on Appropriations 
     of the House of Representatives and the Senate, a detailed 
     spend plan that includes the cost, location, and expected 
     completion date of each activity:  Provided further, That the 
     Indian Health Service shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     quarterly on the obligations and expenditures of the funds 
     provided by this Act:  Provided further, That section 1308 of 
     this Act shall not apply to tribal contracts entered into by 
     the Bureau of Indian Affairs with this appropriation:  
     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.

                        indian health facilities

       For an additional amount for ``Indian Health Facilities'', 
     $600,000,000, to prevent, prepare for, and respond to 
     coronavirus, to modify existing health facilities to provide 
     isolation or quarantine space, to purchase and install 
     updated equipment necessary, and for maintenance and 
     improvement projects necessary to the purposes specified in 
     this Act:  Provided, That such amounts may be used to 
     supplement amounts otherwise available for such purposes 
     under ``Indian Health Facilities'':  Provided further, That 
     such amounts shall be in addition to any other amounts 
     available for such purposes:  Provided further, That such 
     amounts, if transferred to Tribes and Tribal organizations 
     under the Indian Self-Determination and Education Assistance 
     Act, will be transferred on a one-time basis and that these 
     non-recurring funds are not part of the amount required by 
     section 106 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5325), and that such amounts may 
     only be used for the purposes identified under this heading 
     notwithstanding any other provision of law:  Provided 
     further, That the Indian Health Service shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate quarterly on the obligations and expenditures 
     of the funds provided by this Act:  Provided further, That 
     section 1308 of this Act shall not apply to tribal contracts 
     entered into by the Bureau of Indian Affairs with this 
     appropriation:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

             National Foundation on the Arts and Humanities

                    National Endowment for the Arts

                       grants and administration

       For an additional amount for ``Grants and Administration'', 
     $135,000,000, for grants to respond to the impacts of 
     coronavirus:  Provided, That such funds are available under 
     the same terms and conditions as grant funding appropriated 
     to this heading in Public Law 116-94:  Provided further, That 
     40 percent of the funds made available under this heading in 
     this Act shall be distributed to State arts agencies and 
     regional arts organizations and 60 percent of such funds 
     shall be for direct grants:  Provided further, That 
     notwithstanding any other provision of law, such funds may 
     also be used by the recipients of such grants for purposes of 
     the general operations of such recipients:  Provided further, 
     That the matching requirements under subsections (e), 
     (g)(4)(A), and (p)(3) of section 5 of the National Foundation 
     on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may be 
     waived with respect to such grants:  Provided further, That 
     such amount is designated by the

[[Page H5221]]

     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                 National Endowment for the Humanities

                       grants and administration

       For an additional amount for ``Grants and Administration'', 
     $135,000,000, for grants to respond to the impacts of 
     coronavirus:  Provided, That such funds are available under 
     the same terms and conditions as grant funding appropriated 
     to this heading in Public Law 116-94:  Provided further, That 
     40 percent of the funds made available under this heading in 
     this Act shall be distributed to state humanities councils 
     and 60 percent of such funds shall be for direct grants:  
     Provided further, That notwithstanding any other provision of 
     law, such funds may also be used by the recipients of such 
     grants for purposes of the general operations of such 
     recipients:  Provided further, That the matching requirements 
     under subsection (h)(2)(A) of section 7 of the National 
     Foundation on the Arts and Humanities Act of 1965 may be 
     waived with respect to such grants:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                               TITLE VIII

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For an additional amount for ``Training and Employment 
     Services'', $2,140,000,000, to prevent, prepare for, and 
     respond to coronavirus, of which $15,000,000 shall be 
     transferred to ``Program Administration'' to carry out 
     activities in this Act, Public Law 116-127 and Public Law 
     116-136 for full-time equivalent employees, information 
     technology upgrades needed to expedite payments and support 
     implementation, including to expedite policy guidance and 
     disbursement of funds, technical assistance and other 
     assistance to States and territories to speed payment of 
     Federal and State unemployment benefits, and of which the 
     remaining amounts shall be used to carry out activities under 
     the Workforce Innovation and Opportunity Act (referred to in 
     this Act as ``WIOA'') as follows:
       (1) $485,000,000 for grants to the States for adult 
     employment and training activities, including incumbent 
     worker trainings, transitional jobs, on-the-job training, 
     individualized career services, supportive services, needs-
     related payments, and to facilitate remote access to training 
     services provided through a one-stop delivery system through 
     the use of technology:  Provided, That an adult shall not be 
     required to meet the requirements of section 134(c)(3)(B) of 
     the WIOA:  Provided further, That an adult who meets the 
     requirements described in section 2102(a)(3)(A) of Public Law 
     116-136 may be eligible for participation:  Provided further, 
     That priority may be given to individuals who are adversely 
     impacted by economic changes due to the coronavirus, 
     including individuals seeking employment, dislocated workers, 
     individuals with barriers to employment, individuals who are 
     unemployed, or individuals who are underemployed;
       (2) $518,000,000 for grants to the States for youth 
     activities, including supportive services, summer employment 
     for youth, and to facilitate remote access to training 
     services provided through a one-stop delivery system through 
     the use of technology:  Provided, That individuals described 
     in section 2102(a)(3)(A) of Public Law 116-136 may be 
     eligible for participation as an out-of-school youth if they 
     meet the requirements of clauses (i) and (ii) of section 
     129(a)(1)(B) or as in-school youth if they meet the 
     requirements of clauses (i) and (iii) of section 129(a)(1)(C) 
     of the WIOA;  Provided further, That priority shall be given 
     for out-of-school youth and youth with multiple barriers to 
     employment:  Provided further, That funds shall support 
     employer partnerships for youth employment and subsidized 
     employment, and partnerships with community-based 
     organizations to support such employment;
       (3) $597,000,000 for grants to States for dislocated worker 
     employment and training activities, including incumbent 
     worker trainings, transitional jobs, on-the-job training, 
     individualized career services, supportive services, needs-
     related payments, and to facilitate remote access to training 
     services provided through a one-stop delivery system through 
     the use of technology:  Provided, That a dislocated worker 
     shall not be required to meet the requirements of section 
     134(c)(3)(B) of the WIOA:  Provided further, That a 
     dislocated worker who meets the requirements described in 
     section 2102(a)(3)(A) of Public Law 116-136 may be eligible 
     for participation;
       (4) $500,000,000 for the dislocated workers assistance 
     national reserve; and
       (5) $25,000,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIOA, including emergency 
     supportive services of which no less than $500,000 shall be 
     for the collection and dissemination of electronic and 
     printed materials related to coronavirus to the migrant and 
     seasonal farmworker population nationwide, including Puerto 
     Rico, through a cooperative agreement, and of which 
     $1,000,000 shall be for migrant and seasonal farmworker 
     housing:
       Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

     state unemployment insurance and employment service operations

       For an additional amount for ``State Unemployment Insurance 
     and Employment Service Operations'', $538,500,000, to 
     prevent, prepare for, and respond to coronavirus, which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund (``The Trust Fund''), 
     of which:
       (1) $38,500,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system; and
       (2) $500,000,000 from the Trust Fund is for grants to 
     States in accordance with section 6 of the Wagner-Peyser 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.

                         Wage and Hour Division

                         salaries and expenses

       For an additional amount for ``Wage and Hour Division'', 
     $6,500,000 to prevent, prepare for, and respond to 
     coronavirus, including for the administration, oversight, and 
     coordination of worker protection activities related thereto: 
      Provided, That the Secretary of Labor shall use funds 
     provided under this heading to support enforcement activities 
     and outreach efforts to make individuals, particularly low-
     wage workers, aware of their rights under division C and 
     division E of Public Law 116-127 and 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.

             Occupational Safety and Health Administration

                         salaries and expenses

       For an additional amount for ``Occupational Safety and 
     Health Administration'', $100,000,000 for implementation of 
     section 202 of division B this Act, and for worker protection 
     and enforcement activities to prevent, prepare for, and 
     respond to coronavirus, of which $25,000,000 shall be for 
     Susan Harwood training grants and at least $70,000,000 shall 
     be to hire additional compliance safety and health officers, 
     and for state plan enforcement, to protect workers from 
     coronavirus by enforcing all applicable standards and 
     directives, including 29 CFR 1910.132, 29 CFR 1910.134, 
     section 5(a)(1) of the Occupational Safety and Health Act of 
     1970, and 29 CFR 1910.1030:  Provided, That activities to 
     protect workers from coronavirus supported by funds provided 
     under this heading includes additional enforcement of 
     standards and directives referenced in the preceding proviso 
     at slaughterhouses, poultry processing plants, and 
     agricultural workplaces:  Provided further, That within 15 
     days of the date of enactment of this Act, the Secretary of 
     Labor shall submit a spending and hiring plan for the funds 
     made available under this heading, and a monthly staffing 
     report until all funds are expended, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That within 15 days of the date of 
     enactment of this Act, the Secretary of Labor shall submit a 
     plan for the additional enforcement activities described in 
     the third proviso to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $5,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus.  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

             administrative provisions--department of labor

       Sec. 801. (a) There is hereby appropriated for an 
     additional amount for fiscal year 2021 for ``Department of 
     Labor--Employment Training Administration--State Unemployment 
     Insurance and Employment Service Operations'', $28,600,000, 
     to be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund (``the Trust Fund'') 
     to carry out title III of the Social Security Act:  Provided, 
     That such amount shall only become available for obligation 
     if the Average Weekly Insured Unemployment (``AWIU'') for 
     fiscal year 2021 is projected, by the Department of Labor 
     during fiscal year 2021 to exceed 1,728,000:  Provided 
     further, That to the extent that the AWIU for fiscal year 
     2021 is projected by the Department of Labor to exceed 
     1,728,000, an additional $28,600,000 from the Trust Fund 
     shall be made available for obligation during fiscal year 
     2021 for every 100,000 increase in the AWIU level (including 
     a pro rata amount for any increment less than 100,000):  
     Provided further, That, except as specified in this section, 
     amounts provided herein shall be available under the same 
     authority and conditions applicable to funds provided to 
     carry out title III of the Social Security Act under the 
     heading ``Department of Labor--Employment Training 
     Administration--State Unemployment Insurance and Employment 
     Service Operations'' in division A of Public Law 116-94:  
     Provided further, That such amounts shall be in addition to 
     any other funds made available in any fiscal year for such 
     purposes:  Provided further, That such amount is

[[Page H5222]]

     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (b)(1) Section 101(8) of the Continuing Appropriations Act, 
     2021 (division A of H.R. 8337 of the 116th Congress), is 
     amended by inserting ``except the first proviso following 
     paragraph (6) under the heading `Department of Labor--State 
     Unemployment Insurance and Employment Service Operations' '' 
     before the period.
       (2) Any obligations and expenditures made for projects or 
     activities described in this section before the date of 
     enactment of this Act pursuant to the first proviso following 
     paragraph (6) under the heading ``Department of Labor--State 
     Unemployment Insurance and Employment Service Operations'' as 
     provided by section 101 of the Continuing Appropriations Act, 
     2021 shall be charged to the appropriation provided by this 
     section, consistent with section 107 of the Continuing 
     Appropriations Act, 2021.
       Sec. 802. (a) Any funds made available under this Act to 
     support or fund apprenticeship programs shall only be used 
     for, or provided to, apprenticeship programs as defined in 
     subsection (b) of this section, including any funds awarded 
     for the purposes of grants, contracts, or cooperative 
     agreements, or the development, implementation, or 
     administration, of an apprenticeship program.
       (b) The term ``apprenticeship'' means an apprenticeship 
     program registered under the Act of August 16, 1937 (commonly 
     known as the ``National Apprenticeship Act'') (50 Stat. 664, 
     chapter 663; 29 U.S.C. 50 et seq.) and that complies with the 
     requirements of subpart A of part 29, Code of Federal 
     Regulations, and part 30 of such title (as in effect on 
     September 30, 2020).

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For an additional amount for ``Primary Health Care'', 
     $7,600,000,000, for necessary expenses to prevent, prepare 
     for, and respond to coronavirus, for grants and cooperative 
     agreements under the Health Centers Program, as defined by 
     section 330 of the Public Health Service Act, and for grants 
     to Federally qualified health centers, as defined in section 
     1861(aa)(4)(B) of the Social Security Act, and for eligible 
     entities under the Native Hawaiian Health Care Improvement 
     Act, including maintenance or expansion of health center and 
     system capacity and staffing levels:  Provided, That sections 
     330(r)(2)(B), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall 
     not apply to funds provided under this heading in this Act:  
     Provided further, That funds provided under this heading in 
     this Act may be used to (1) purchase equipment and supplies 
     to conduct mobile testing for SARS-CoV-2 or COVID-19; (2) 
     purchase and maintain mobile vehicles and equipment to 
     conduct such testing; and (3) hire and train laboratory 
     personnel and other staff to conduct such mobile testing:  
     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.

                            HEALTH WORKFORCE

       For an additional amount for ``Health Workforce'', 
     $1,000,000,000, to remain available until September 30, 2022, 
     to prevent, prepare for, and respond to coronavirus, of which 
     $800,000,000 shall be for carrying out title III of the 
     Public Health Service Act with respect to the health 
     workforce and $200,000,000 shall be for carrying out section 
     846 of such Act:  Provided, That of the amount made available 
     under this heading in this Act for carrying out title III of 
     the Public Health Service Act with respect to the health 
     workforce, $100,000,000 shall be made available for purposes 
     of providing public health services through a supplemental 
     grant or grants to states currently participating in the NHSC 
     State Loan Repayment Program notwithstanding section 338I(b) 
     of the PHS Act, to make awards as authorized under section 
     338I(j) of the Public Health Service (PHS) Act, and 
     notwithstanding the health professional shortage area 
     requirements under 338I, the Secretary may develop rules 
     needed to implement this proviso:  Provided further, That for 
     purposes of the previous proviso, notwithstanding section 
     338I(d)(2) of the PHS Act, no more than 10 percent of funds 
     made available in such supplemental grants may be used by the 
     state for administration of the State Loan Repayment Program 
     in that state: Provided further, That for the purposes of 
     these funds, the term ``primary health services'' and 
     ``primary health care services'' as referenced in section 
     338I of the PHS Act, includes public health services, as 
     defined by the Secretary:  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       MATERNAL AND CHILD HEALTH

       For an additional amount for ``Maternal and Child Health'', 
     $500,000,000, to prevent, prepare for, and respond to 
     coronavirus, for carrying out title V of the Social Security 
     Act with respect to maternal and child health:  Provided, 
     That notwithstanding sections 502(a)(1) and 502(b)(1) of the 
     Social Security Act, such funds shall be available for awards 
     to states and territories to carry out special projects of 
     regional and national significance pursuant to section 
     501(a)(2) of such 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.

                      ryan white hiv/aids program

       For an additional amount for ``Ryan White HIV/AIDS 
     Program'', $100,000,000, to prevent, prepare for, and respond 
     to coronavirus:  Provided, That awards from funds provided 
     under this heading in this Act shall be through modifications 
     to existing contracts and supplements to existing grants and 
     cooperative agreements under parts A, B, C, D, and F, or 
     section 2692(a) of title XXVI of the Public Health Service 
     Act:  Provided further, That such supplements shall be 
     awarded using a data-driven methodology determined by the 
     Secretary of Health and Human Services:  Provided further, 
     That sections 2604(c), 2612(b), and 2651(c) of the Public 
     Health Service Act shall not apply to funds provided under 
     this heading in this Act:  Provided further, That the 
     Secretary may waive any penalties and administrative 
     requirements as may attach to these funds or to funds awarded 
     under title XXVI with respect to the Ryan White HIV/AIDS 
     program as necessary to ensure that the funds may be used 
     efficiently:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $13,700,000,000, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That of the amount provided under this heading in 
     this Act, $1,000,000,000 shall be for Public Health Emergency 
     Preparedness cooperative agreements under section 319C-1 of 
     the Public Health Service Act:  Provided further, That, of 
     the amount provided under this heading in this Act, 
     $1,000,000,000 shall be for necessary expenses for grants for 
     core public health infrastructure for State, local, 
     Territorial, or Tribal health departments as described in 
     section 550 of division K of this Act:  Provided further, 
     That of the amount made available under this heading in this 
     Act for specified programs, not less than $100,000,000 shall 
     be allocated to tribes, tribal organizations, urban Indian 
     health organizations, or health service providers to tribes:  
     Provided further, That of the amount made available under 
     this heading in this Act, not less than $1,000,000,000 shall 
     be for global disease detection and emergency response:  
     Provided further, That of the amount provided under this 
     heading in this Act, not less than $200,000,000 shall be for 
     public health data surveillance and analytics infrastructure 
     modernization:  Provided further, That of the amount made 
     available under this heading in this Act, $7,000,000,000 
     shall be for activities to plan, prepare for, promote, 
     distribute, administer, monitor, and track coronavirus 
     vaccines, as described in section 703 of division K of this 
     Act, to ensure broad-based distribution, access, and vaccine 
     coverage:  Provided further, That of the amount made 
     available under this heading in this Act, $1,000,000,000 
     shall be for necessary expenses for grants for an evidence-
     based public awareness campaign on the importance of 
     vaccinations, as described in section 704 of division K of 
     this Act:  Provided further, That of the amount made 
     available under this heading in this Act, $2,000,000,000 
     shall be for necessary expenses for grants to State, local, 
     Tribal, or territorial health departments to purchase or 
     procure personal protective equipment and other workplace 
     safety measures for use in containment and mitigation of 
     COVID-19 transmission among essential workers, as well as 
     provide funding to employers of essential workers for 
     containment and mitigation of COVID-19 transmission among 
     essential workers in their workplaces, as described in 
     section 651 of division K of this Act:  Provided further, 
     That of the amount made available under this heading in this 
     Act, up to $500,000,000 shall be for activities to plan, 
     prepare for, promote, distribute, administer, monitor, and 
     track seasonal influenza vaccines to ensure broad-based 
     distribution, access, and vaccine coverage:  Provided 
     further, That funds made available under this heading in this 
     Act may reimburse CDC obligations incurred for vaccine 
     planning, preparation, promotion, and distribution prior to 
     the enactment of this Act:  Provided further, That 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 an enhanced 
     seasonal influenza vaccination strategy to include nationwide 
     vaccination goals and specific actions that CDC will take to 
     achieve such goals:  Provided further, That funds 
     appropriated under this heading in this Act for grants may be 
     used for the rent, lease, purchase, acquisition, 
     construction, alteration, or renovation of non-Federally 
     owned facilities to improve preparedness and response 
     capability at the State and local level:  Provided further, 
     That all construction, alteration, or renovation work, 
     carried out, in whole or in part, with funds appropriated 
     under this heading in this Act, or under this heading in the 
     CARES Act (Public Law 116-136), shall be subject to the 
     requirements of section 1621(b)(1)(I) of the Public Health 
     Service Act (42 U.S.C. 300s-1(b)(1)(I)):  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     National Institutes of Health

         national institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $500,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section

[[Page H5223]]

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

                  national institute of mental health

       For an additional amount for ``National Institute of Mental 
     Health'', $200,000,000, to remain available until September 
     30, 2024, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         office of the director

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $4,021,000,000, to remain available until September 30, 2024, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That not less 
     than $3,000,000,000 of the amount provided under this heading 
     in this Act shall be for offsetting the costs related to 
     reductions in lab productivity resulting from the coronavirus 
     pandemic or public health measures related to the coronavirus 
     pandemic:  Provided further, That up to $1,021,000,000 of the 
     amount provided under this heading in this Act shall be to 
     support additional scientific research or the programs and 
     platforms that support research:  Provided further, That 
     funds made available under this heading in this Act may be 
     transferred to the accounts of the Institutes and Centers of 
     the National Institutes of Health (``NIH''):  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the NIH:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

       For an additional amount for ``Health Surveillance and 
     Program Support'', $8,500,000,000, to prevent, prepare for, 
     and respond to coronavirus:  Provided, That of the funds made 
     available under this heading in this Act, $3,500,000,000 
     shall be for grants for the substance abuse prevention and 
     treatment block grant program under subpart II of part B of 
     title XIX of the Public Health Service Act (``PHS Act''):  
     Provided further, That of the funds made available under this 
     heading in this Act, $4,000,000,000 shall be for grants for 
     the community mental health services block grant program 
     under subpart I of part B of title XIX of the PHS Act:  
     Provided further, That of the amount made available in the 
     previous proviso, the Assistant Secretary is directed to 
     provide no less than 50 percent of funds directly to 
     facilities defined in section 1913(c) of the PHS Act:  
     Provided further, That of the amount made available under 
     this heading in this Act, not less than $600,000,000 is 
     available for Certified Community Behavioral Health Clinic 
     Expansion Grant program:  Provided further, That of the 
     amount made available under this heading in this Act, not 
     less than $50,000,000 shall be available for suicide 
     prevention programs:  Provided further, That of the funds 
     made available under this heading in this Act, $100,000,000 
     shall be for activities and services under Project AWARE:  
     Provided further, That of the funds made available under this 
     heading in this Act, $10,000,000 shall be for the National 
     Child Traumatic Stress Network:  Provided further, That of 
     the amount made available under this heading in this Act, 
     $240,000,000 is available for activities authorized under 
     section 501(o) of the PHS Act:  Provided further, That of the 
     amount made available under this heading in this Act for 
     specified programs, not less than $150,000,000 shall be 
     allocated to tribes, tribal organizations, urban Indian 
     health organizations, or health or behavioral health service 
     providers to tribes:  Provided further, That with respect to 
     the amount appropriated under this heading in this Act the 
     Substance Abuse and Mental Health Services Administration may 
     waive requirements with respect to allowable activities, 
     timelines, or reporting requirements for the Substance Abuse 
     Prevention and Treatment Block Grant and the Community Mental 
     Health Services Block Grant as deemed necessary to facilitate 
     a grantee's response to coronavirus:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                Centers for Medicare & Medicaid Services

                           program management

       For an additional amount for ``Program Management'', 
     $500,000,000, to prevent, prepare for, and respond to 
     coronavirus, for State strike teams for resident and employee 
     safety in skilled nursing facilities and nursing facilities, 
     including activities to support clinical care, infection 
     control, and staffing pursuant to section 208 of division K 
     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.

                Administration For Children And Families

                   low income home energy assistance

       For an additional amount for ``Low Income Home Energy 
     Assistance'', $4,500,000,000, to prevent, prepare for, and 
     respond to coronavirus, for making payments under subsection 
     (b) of section 2602 of the Low-Income Home Energy Assistance 
     Act of 1981 (42 U.S.C. 8621 et seq.):  Provided, That of the 
     amount provided under this heading in this Act, 
     $2,250,000,000 shall be allocated as though the total 
     appropriation for such payments for fiscal year 2021 was less 
     than $1,975,000,000:  Provided further, That section 
     2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) shall not 
     apply to funds made available under this heading in this Act: 
      Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

   payments to states for the child care and development block grant

       For an additional amount for ``Payments to States for the 
     Child Care and Development Block Grant'', $7,000,000,000, to 
     prevent, prepare for, and respond to coronavirus, 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 section 658G of the Child Care and Development Block Grant 
     Act:  Provided, That funds provided under this heading in 
     this Act may be used for costs of providing relief from 
     copayments and tuition payments for families and for paying 
     that portion of the child care provider's cost ordinarily 
     paid through family copayments, to provide continued payments 
     and assistance to child care providers in the case of 
     decreased enrollment or closures related to coronavirus, and 
     to ensure child care providers 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 lead agencies shall, for the duration of the 
     COVID-19 public health emergency, implement enrollment and 
     eligibility policies that support the fixed costs of 
     providing child care services by delinking provider 
     reimbursement rates from an eligible child's absence and a 
     provider's closure due to the COVID-19 public health 
     emergency:  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 Child Care and 
     Development Block Grant 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, 
     farmworkers, and other workers deemed essential during the 
     response to coronavirus by public officials, without regard 
     to the income eligibility requirements of section 658P(4) of 
     such Act:  Provided further, That funds appropriated under 
     this heading in this Act shall be available to eligible child 
     care providers under section 658P(6) of the CCDBG Act, even 
     if such providers were not receiving CCDBG assistance prior 
     to the public health emergency as a result of the 
     coronavirus, for the purposes of cleaning and sanitation, and 
     other activities necessary to maintain or resume the 
     operation of programs:  Provided further, That no later than 
     60 days after the date of enactment of this Act, each State, 
     Territory, and Tribe that receives funding under this heading 
     in this Act shall submit to the Secretary a report, in such 
     manner as the Secretary may require, describing how the funds 
     appropriated under this heading in this Act will be spent and 
     that no later than 90 days after the date of enactment of 
     this Act, the Secretary shall submit to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Education and Labor of the House of 
     Representatives, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate a report summarizing such 
     reports from the States, Territories, and Tribes:  Provided 
     further, That, no later than October 31, 2021, each State, 
     Territory, and Tribe that receives funding under this heading 
     in this Act shall submit to the Secretary a report, in such 
     manner as the Secretary may require, describing how the funds 
     appropriated under this heading in this Act were spent and 
     that no later than 60 days after receiving such reports from 
     the States, Territories, and Tribes, the Secretary shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Education 
     and Labor of the House of Representatives, and the Committee 
     on Health, Education, Labor, and Pensions of the Senate a 
     report summarizing such reports from the States, Territories, 
     and Tribes:  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, 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.
       For an additional amount for ``Payments to States for the 
     Child Care and Development Block Grant'', $50,000,000,000, 
     for necessary expenses to carry out the Child Care 
     Stabilization Fund program, as authorized by section 803 of 
     this Act:  Provided, That such funds shall be available 
     without regard to the requirements in subparagraphs (C) 
     through (E) of section 658E(c)(3) or section 658G of the 
     Child Care and Development Block Grant Act:  Provided 
     further, That funds made available under this heading in this 
     Act may be made available to restore amounts, either directly 
     or through reimbursement, for obligations incurred prior to 
     the date of enactment of this Act for the purposes provided 
     herein:  Provided further, That such amount is designated by 
     the Congress as being

[[Page H5224]]

     for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.


                     child care stabilization fund

       Sec. 803.  (a) Definitions.--In this section:
       (1) CCDBG terms.--The terms ``eligible child care 
     provider'', ``Indian tribe'', ``lead agency'', ``tribal 
     organization'', ``Secretary'', and ``State'' 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) 
     except as otherwise provided in this section.
       (2) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary of Health and Human Services 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 the declaration.
       (b) Grants.--From the amounts appropriated to carry out 
     this section and under the authority of section 658O of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858m) and this section, the Secretary shall award child care 
     stabilization grants to the lead agency of each State (as 
     defined in that section 658O), territory described in 
     subsection (a)(1) of such section, Indian tribe, and tribal 
     organization from allotments and payments made under 
     subsection (c)(2), not later than 30 days after the date of 
     enactment of this Act.
       (c) Secretarial Reservation and Allotments.--
       (1) Reservation.--The Secretary shall reserve not more than 
     1 percent of the funds appropriated to carry out this section 
     for the Federal administration of grants described in 
     subsection (b). Amounts reserved by the Secretary for 
     administrative expenses shall remain available until fiscal 
     year 2024.
       (2) Allotments.--The Secretary shall use the remainder of 
     the funds appropriated to carry out this section to award 
     allotments to States, as defined in section 658O of the Child 
     Care Development Block Grant Act of 1990 (42 U.S.C. 9858m), 
     and payments to territories, Indian tribes, and tribal 
     organizations 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).
       (d) State Reservations and Subgrants.--
       (1) Reservation.--A lead agency for a State that receives a 
     child care stabilization grant pursuant to subsection (b) 
     shall reserve not more than 10 percent of such grant funds--
       (A) to administer subgrants made to qualified child care 
     providers under paragraph (2), including to carry out data 
     systems building and other activities that enable the 
     disbursement of payments of such subgrants;
       (B) to provide technical assistance and support in applying 
     for and accessing the subgrant opportunity under paragraph 
     (2), to eligible child care providers (including to family 
     child care providers, group home child care providers, and 
     other non-center-based child care providers, providers in 
     rural areas, and providers with limited administrative 
     capacity), either directly or through resource and referral 
     agencies or staffed family child care networks;
       (C) to publicize the availability of subgrants under this 
     section and conduct widespread outreach to eligible child 
     care providers (including family child care providers, group 
     home child care providers, and other non-center-based child 
     care providers, providers in rural areas, and providers with 
     limited administrative capacity), either directly or through 
     resource and referral agencies or staffed family child care 
     networks, to ensure eligible child care providers are aware 
     of the subgrants available under this section;
       (D) to carry out the reporting requirements described in 
     subsection (f); and
       (E) to carry out activities to improve the supply and 
     quality of child care during and after the COVID-19 public 
     health emergency, such as conducting community needs 
     assessments, carrying out child care cost modeling, making 
     improvements to child care facilities, increasing access to 
     licensure or participation in the State's tiered quality 
     rating system, and carrying out other activities described in 
     section 658G(b) of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858e(b)), to the extent that the lead 
     agency can carry out activities described in this 
     subparagraph without preventing the lead agency from fully 
     conducting the activities described in subparagraphs (A) 
     through (D).
       (2) Subgrants to qualified child care providers.--
       (A) In general.--The lead agency shall use the remainder of 
     the grant funds awarded pursuant to subsection (b) to make 
     subgrants to qualified child care providers described in 
     subparagraph (B), to support the stability of the child care 
     sector during and after the COVID-19 public health emergency 
     and to 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, and for a variety of ages, 
     including care for infants and toddlers. The lead agency 
     shall provide the subgrant funds in advance of provider 
     expenditures for costs described in subsection (e), except as 
     provided in subsection (e)(2).
       (B) Qualified child care provider.--To be qualified to 
     receive a subgrant under this paragraph, a provider shall be 
     an eligible child care provider that--
       (i) was providing child care services on or before March 1, 
     2020; and
       (ii) on the date of submission of an application for the 
     subgrant, was either--

       (I) open and available to provide child care services; or
       (II) closed due to the COVID-19 public health emergency.

       (C) Subgrant amount.--The lead agency shall make subgrants, 
     from amounts awarded pursuant to subsection (b), to qualified 
     child care providers, and the amount of such a subgrant to 
     such a provider shall--
       (i) be based on the provider's stated average operating 
     expenses during the period (of not longer than 6 months) 
     before March 1, 2020, or before the provider's last day of 
     operation for a provider that operates seasonally, and at 
     minimum cover such operating expenses for the intended length 
     of the subgrant;
       (ii) account for increased costs of providing or preparing 
     to provide child care as a result of the COVID-19 public 
     health emergency, such as provider and employee compensation 
     and existing benefits (existing as of March 1, 2020) and the 
     implementation of new practices related to sanitization, 
     group size limits, and social distancing;
       (iii) be adjusted for payments or reimbursements made to an 
     eligible child care provider to carry out the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) 
     or the Head Start Act (42 U.S.C. 9831 et seq.) if the period 
     of such payments or reimbursements overlaps with the period 
     of the subgrant award; and
       (iv) be adjusted for payments or reimbursements made to an 
     eligible child care provider through the Paycheck Protection 
     Program set forth in section 7(a)(36) of the Small Business 
     Act (15 U.S.C. 636(a)(36)), as added by section 1102 of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) if the period of such payments or reimbursements 
     overlaps with the period of the subgrant award.
       (D) Application.--
       (i) Eligibility.--To be eligible to receive a subgrant 
     under this paragraph, a child care provider shall submit an 
     application to a lead agency at such time and in such manner 
     as the lead agency may require. Such application shall 
     include--

       (I) a good-faith certification that the ongoing operations 
     of the child care provider have been impacted as a result of 
     the COVID-19 public health emergency;
       (II) for a provider described in subparagraph (B)(ii)(I), 
     an assurance that, for the duration of the subgrant--

       (aa) the provider will give priority for available slots 
     (including slots that are only temporarily available) to--
       (AA) children of essential workers (such as health care 
     sector employees, emergency responders, sanitation workers, 
     farmworkers, child care employees, and other workers 
     determined to be essential during the response to coronavirus 
     by public officials), children of workers whose places of 
     employment require their attendance, children experiencing 
     homelessness, children with disabilities, children at risk of 
     child abuse or neglect, and children in foster care, in 
     States, tribal communities, or localities where stay-at-home 
     or related orders are in effect; or
       (BB) children of workers whose places of employment require 
     their attendance, children experiencing homelessness, 
     children with disabilities, children at risk of child abuse 
     or neglect, children in foster care, and children whose 
     parents are in school or a training program, in States, 
     tribal communities, or localities where stay-at-home or 
     related orders are not in effect;
       (bb) the provider will implement policies in line with 
     guidance from the Centers for Disease Control and Prevention 
     and the corresponding State, tribal, and local authorities, 
     and in accordance with State, tribal, and local orders, for 
     child care providers that remain open, including guidance on 
     sanitization practices, group size limits, and social 
     distancing;
       (cc) for each employee, the provider will pay the full 
     compensation described in subsection (e)(1)(C), including any 
     benefits, that was provided to the employee as of March 1, 
     2020 (referred to in this clause as ``full compensation''), 
     and will not take any action that reduces the weekly amount 
     of the employee's compensation below the weekly amount of 
     full compensation, or that reduces the employee's rate of 
     compensation below the rate of full compensation; and
       (dd) the provider will provide relief from copayments and 
     tuition payments for the families enrolled in the provider's 
     program and prioritize such relief for families struggling to 
     make either type of payments;

       (III) for a provider described in subparagraph (B)(ii)(II), 
     an assurance that--

       (aa) for the duration of the provider's closure due to the 
     COVID-19 public health emergency, for each employee, the 
     provider will pay full compensation, and will not take any 
     action that reduces the weekly amount of the employee's 
     compensation below the weekly amount of full compensation, or 
     that reduces the employee's rate of compensation below the 
     rate of full compensation;
       (bb) children enrolled as of March 1, 2020, will maintain 
     their slots, unless their families choose to disenroll the 
     children;
       (cc) for the duration of the provider's closure due to the 
     COVID-19 public health emergency, the provider will provide 
     relief from copayments and tuition payments for the families 
     enrolled in the provider's program and prioritize such relief 
     for families struggling to make either type of payments; and
       (dd) the provider will resume operations when the provider 
     is able to safely implement policies in line with guidance 
     from the Centers for Disease Control and Prevention and the 
     corresponding State, tribal, and local authorities, and in 
     accordance with State, tribal, and local orders;

       (IV) information about the child care provider's--

       (aa) program characteristics sufficient to allow the lead 
     agency to establish the child care provider's priority 
     status, as described in subparagraph (F);

[[Page H5225]]

       (bb) program operational status on the date of submission 
     of the application;
       (cc) type of program, including whether the program is a 
     center-based child care, family child care, group home child 
     care, or other non-center-based child care type program;
       (dd) total enrollment on the date of submission of the 
     application and total capacity as allowed by the State and 
     tribal authorities; and
       (ee) receipt of assistance, and amount of assistance, 
     through a payment or reimbursement described in subparagraph 
     (C)(iv), and the time period for which the assistance was 
     made;

       (V) information necessary to determine the amount of the 
     subgrant, such as information about the provider's stated 
     average operating expenses over the appropriate period, 
     described in subparagraph (C)(i); and
       (VI) such other limited information as the lead agency 
     shall determine to be necessary to make subgrants to 
     qualified child care providers.

       (ii) Frequency.--The lead agency shall accept and process 
     applications submitted under this subparagraph on a rolling 
     basis.
       (iii) Updates.--The lead agency shall--

       (I) at least once a month, verify by obtaining a self-
     attestation from each qualified child care provider that 
     received such a subgrant from the agency, whether the 
     provider is open and available to provide child care services 
     or is closed due to the COVID-19 public health emergency;
       (II) allow the qualified child care provider to update the 
     information provided in a prior application; and
       (III) adjust the qualified child care provider's subgrant 
     award as necessary, based on changes to the application 
     information, including changes to the provider's operational 
     status.

       (iv) Existing applications.--If a lead agency has 
     established and implemented a grant program for child care 
     providers that is in effect on the date of enactment of this 
     Act, and an eligible child care provider has already 
     submitted an application for such a grant to the lead agency 
     containing the information specified in clause (i), the lead 
     agency shall treat that application as an application 
     submitted under this subparagraph. If an eligible child care 
     provider has already submitted such an application containing 
     part of the information specified in clause (i), the provider 
     may submit to the lead agency an abbreviated application that 
     contains the remaining information, and the lead agency shall 
     treat the 2 applications as an application submitted under 
     this subparagraph.
       (E) Materials.--
       (i) In general.--The lead agency shall provide the 
     materials and other resources related to such subgrants, 
     including a notification of subgrant opportunities and 
     application materials, to qualified child care providers in 
     the most commonly spoken languages in the State.
       (ii) Application.--The application shall be accessible on 
     the website of the lead agency within 30 days after the lead 
     agency receives grant funds awarded pursuant to subsection 
     (b) and shall be accessible to all eligible child care 
     providers, including family child care providers, group home 
     child care providers, and other non-center-based child care 
     providers, providers in rural areas, and providers with 
     limited administrative capacity.
       (F) Priority.--In making subgrants under this section, the 
     lead agency shall give priority to qualified child care 
     providers that, prior to or on March 1, 2020--
       (i) provided child care during nontraditional hours;
       (ii) served dual language learners, children with 
     disabilities, children experiencing homelessness, children in 
     foster care, children from low-income families, or infants 
     and toddlers;
       (iii) served a high proportion of children whose families 
     received subsidies under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child 
     care; or
       (iv) operated in communities, including rural communities, 
     with a low supply of child care.
       (G) Providers receiving other assistance.--The lead agency, 
     in determining whether a provider is a qualified child care 
     provider, shall not take into consideration receipt of a 
     payment or reimbursement described in subparagraph (C)(iii) 
     or subparagraph (C)(iv).
       (H) Awards.--The lead agency shall equitably make subgrants 
     under this paragraph to center-based child care providers, 
     family child care providers, group home child care providers, 
     and other non-center-based child care providers, such that 
     qualified child care providers are able to access the 
     subgrant opportunity under this paragraph regardless of the 
     providers' setting, size, or administrative capacity.
       (I) Obligation.--The lead agency shall obligate at least 50 
     percent of funds available to carry out this section for 
     subgrants described in this paragraph, within 6 months of the 
     date of the enactment of this Act.
       (e) Uses of Funds.--
       (1) In general.--A qualified child care provider that 
     receives funds through such a subgrant may use the funds for 
     the costs of--
       (A) payroll;
       (B) employee benefits, including group health plan benefits 
     during periods of paid sick, medical, or family leave, and 
     insurance premiums;
       (C) employee salaries or similar compensation, including 
     any income or other compensation to a sole proprietor or 
     independent contractor that is a wage, commission, income, 
     net earnings from self-employment, or similar compensation;
       (D) employee recruitment and retention;
       (E) payment on any mortgage obligation;
       (F) rent (including rent under a lease agreement);
       (G) utilities and facility maintenance;
       (H) insurance;
       (I) providing premium pay for child care providers and 
     other employees who provide services during the COVID-19 
     public health emergency;
       (J) sanitization and other costs associated with cleaning;
       (K) personal protective equipment and other equipment 
     necessary to carry out the functions of the child care 
     provider;
       (L) training and professional development related to health 
     and safety practices, including the proper implementation of 
     policies in line with guidance from the Centers for Disease 
     Control and Prevention and the corresponding State, tribal, 
     and local authorities, and in accordance with State, tribal, 
     and local orders;
       (M) purchasing or updating equipment and supplies to serve 
     children during nontraditional hours
       (N) modifications to child care services as a result of the 
     COVID-19 public health emergency, such as limiting group 
     sizes, adjusting staff-to-child ratios, and implementing 
     other heightened health and safety measures;
       (O) mental health supports for children and employees; and
       (P) other goods and services necessary to maintain or 
     resume operation of the child care program, or to maintain 
     the viability of the child care provider as a going concern 
     during and after the COVID-19 public health emergency.
       (2) Reimbursement.--The qualified child care provider may 
     use the subgrant funds to reimburse the provider for sums 
     obligated or expended before the date of enactment of this 
     Act for the cost of a good or service described in paragraph 
     (1) to respond to the COVID-19 public health emergency.
       (f) Reporting.--
       (1) Initial report.--A lead agency receiving a grant under 
     this section shall, within 60 days after making the agency's 
     first subgrant under subsection (d)(2) to a qualified child 
     care provider, submit a report to the Secretary that 
     includes--
       (A) data on qualified child care providers that applied for 
     subgrants and qualified child care providers that received 
     such subgrants, including--
       (i) the number of such applicants and the number of such 
     recipients;
       (ii) the number and proportion of such applicants and 
     recipients that received priority and the characteristic or 
     characteristics of such applicants and recipients associated 
     with the priority;
       (iii) the number and proportion of such applicants and 
     recipients that are--

       (I) center-based child care providers;
       (II) family child care providers;
       (III) group home child care providers; or
       (IV) other non-center-based child care providers; and

       (iv) within each of the groups listed in clause (iii), the 
     number of such applicants and recipients that are, on the 
     date of submission of the application--

       (I) open and available to provide child care services; or
       (II) closed due to the COVID-19 public health emergency;

       (B) the total capacity of child care providers that are 
     licensed, regulated, or registered in the State on the date 
     of the submission of the report;
       (C) a description of--
       (i) the efforts of the lead agency to publicize the 
     availability of subgrants under this section and conduct 
     widespread outreach to eligible child care providers about 
     such subgrants, including efforts to make materials available 
     in languages other than English;
       (ii) the lead agency's methodology for determining amounts 
     of subgrants under subsection (d)(2);
       (iii) the lead agency's timeline for disbursing the 
     subgrant funds; and
       (iv) the lead agency's plan for ensuring that qualified 
     child care providers that receive funding through such a 
     subgrant comply with assurances described in subsection 
     (d)(2)(D) and use funds in compliance with subsection (e); 
     and
       (D) such other limited information as the Secretary may 
     require.
       (2) Quarterly report.--The lead agency shall, following the 
     submission of such initial report, submit to the Secretary a 
     report that contains the information described in 
     subparagraphs (A), (B), and (D) of paragraph (1) once a 
     quarter until all funds allotted for activities authorized 
     under this section are expended.
       (3) Final report.--Not later than 60 days after a lead 
     agency receiving a grant under this section has obligated all 
     of the grant funds (including funds received under subsection 
     (h)), the lead agency shall submit a report to the Secretary, 
     in such manner as the Secretary may require, that includes--
       (A) the total number of eligible child care providers who 
     were providing child care services on or before March 1, 
     2020, in the State and the number of such providers that 
     submitted an application under subsection (d)(2)(D);
       (B) the number of qualified child care providers in the 
     State that received funds through the grant;
       (C) the lead agency's methodology for determining amounts 
     of subgrants under subsection (d)(2);
       (D) the average and range of the subgrant amounts by 
     provider type (center-based child care, family child care, 
     group home child care, or other non-center-based child care 
     provider);
       (E) the percentages of the child care providers that 
     received such a subgrant, that, on or before March 1, 2020--
       (i) provided child care during nontraditional hours;
       (ii) served dual language learners, children with 
     disabilities, children experiencing homelessness, children in 
     foster care, children from low-income families, or infants 
     and toddlers;
       (iii) served a high proportion of children whose families 
     received subsidies under the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the child 
     care; and

[[Page H5226]]

       (iv) operated in communities, including rural communities, 
     with a low supply of child care;
       (F) the number of children served by the child care 
     providers that received such a subgrant, for the duration of 
     the subgrant;
       (G) the percentages, of the child care providers that 
     received such a subgrant, that are--
       (i) center-based child care providers;
       (ii) family child care providers;
       (iii) group home child care providers; or
       (iv) other non-center-based child care providers;
       (H) the percentages, of the child care providers listed in 
     subparagraph (G) that are, on the date of submission of the 
     application--
       (i) open and available to provide child care services; or
       (ii) closed due to the COVID-19 public health emergency;
       (I) information about how child care providers used the 
     funds received under such a subgrant;
       (J) information about how the lead agency used funds 
     reserved under subsection (d)(1); and
       (K) information about how the subgrants helped to stabilize 
     the child care sector.
       (4) Reports to congress.--
       (A) Findings from initial reports.--Not later than 60 days 
     after receiving all reports required to be submitted under 
     paragraph (1), the Secretary shall provide a report to the 
     Committee on Education and Labor of the House of 
     Representatives, to the Committee on Health, Education, Labor 
     and Pensions of the Senate, and to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, summarizing the findings from the reports received 
     under paragraph (1).
       (B) Findings from final reports.--Not later than 36 months 
     after the date of enactment of this Act, the Secretary shall 
     provide a report to the Committee on Education and Labor of 
     the House of Representatives, to the Committee on Health, 
     Education, Labor and Pensions of the Senate, and to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, summarizing the findings from the reports 
     received under paragraph (3).
       (g) Supplement Not Supplant.--Amounts made available to 
     carry out this section shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide child care services for eligible 
     individuals, including funds provided under the Child Care 
     and Development Block Grant Act of 1990 (42 U.S.C. 9857 et 
     seq.) and State child care programs.
       (h) Reallotment of Unobligated Funds.--
       (1) Unobligated funds.-- A State, Indian tribe, or tribal 
     organization that anticipates being unable to obligate all 
     grant funds received under this section by September 30, 2022 
     shall notify the Secretary, at least 60 days prior to such 
     date, of the amount of funds it anticipates being unable to 
     obligate by such date. A State, Indian tribe, or tribal 
     organization shall return to the Secretary any grant funds 
     received under this section that the State, Indian tribe, or 
     tribal organization does not obligate by September 30, 2022.
       (2) Reallotment.--The Secretary shall award new allotments 
     and payments, in accordance with subsection (c)(2), to 
     covered States, Indian tribes, or tribal organizations from 
     funds that are returned under paragraph (1) within 60 days of 
     receiving such funds. Funds made available through the new 
     allotments and payments shall remain available to each 
     covered State, Indian tribe, or tribal organization until 
     September 30, 2023.
       (3) Covered state, indian tribe, or tribal organization.--
     For purposes of paragraph (2), a covered State, Indian tribe, 
     or tribal organization is a State, Indian tribe, or tribal 
     organization that received an allotment or payment under this 
     section and was not required to return grant funds under 
     paragraph (1).
       (i) Exceptions.--The Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9857 et seq.), excluding requirements 
     in subparagraphs (C) through (E) of section 658E(c)(3), 
     section 658G, and section 658J(c) of such Act (42 U.S.C. 
     9858c(c)(3), 9858e, 9858h(c)), shall apply to child care 
     services provided under this section to the extent the 
     application of such Act does not conflict with the provisions 
     of this section. Nothing in this Act shall be construed to 
     require a State, Indian tribe, or tribal organization to 
     submit an application, other than the application described 
     in section 658E or 658O(c) of the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to 
     receive a grant under this Act.
       (j) Application.--In carrying out the Child Care and 
     Development Block Grant Act of 1990 with funds other than the 
     funds made available under this heading in this Act, the 
     Secretary shall calculate the amounts of appropriated funds 
     described in subsections (a) and (b) of section 658O of such 
     Act (42 U.S.C. 9858m) by excluding funds made available under 
     this heading in this Act.

                children and families services programs

       For an additional amount for ``Children and Families 
     Services Programs'', $3,700,000,000, to prevent, prepare for, 
     and respond to coronavirus, which shall be used as follows:
       (1) $1,700,000,000 for making payments under the Head Start 
     Act, including for Federal administrative expenses, and 
     allocated in an amount that bears the same ratio to such 
     portion as the number of enrolled children served by the 
     agency involved bears to the number of enrolled children by 
     all Head Start agencies:  Provided, That none of the funds 
     made available in this paragraph shall be included in the 
     calculation of the ``base grant'' in subsequent fiscal years, 
     as such term is defined in sections 640(a)(7)(A), 
     641A(h)(1)(B), or 645(d)(3) of the Head Start Act:  Provided 
     further, That funds made available in this paragraph are not 
     subject to the allocation requirements of section 640(a) of 
     the Head Start Act;
       (2) $100,000,000 for Family Violence Prevention and 
     Services grants as authorized by section 303(a) and 303(b) of 
     the Family Violence Prevention and Services Act with such 
     funds available to grantees without regard to matching 
     requirements under section 306(c)(4) of such Act, of which 
     $2,000,000 shall be for the National Domestic Violence 
     Hotline:  Provided, That the Secretary of Health and Human 
     Services may make such funds available for providing 
     temporary housing and assistance to victims of family, 
     domestic, and dating violence;
       (3) $75,000,000 for child welfare services as authorized by 
     subpart 1 of part B of title IV of the Social Security Act 
     (other than sections 426, 427, and 429 of such subpart), with 
     such funds available to grantees without regard to matching 
     requirements under section 424(a) of that Act or any 
     applicable reductions in Federal financial participation 
     under section 424(f) of that Act;
       (4) $225,000,000 for necessary expenses for community-based 
     grants for the prevention of child abuse and neglect under 
     section 209 of the Child Abuse Prevention and Treatment Act, 
     which the Secretary shall make without regard to sections 
     203(b)(1) and 204(4) of such Act;
       (5) $100,000,000 for necessary expenses for the Child Abuse 
     Prevention and Treatment Act State Grant program as 
     authorized by Section 112 of such Act; and
       (6) $1,500,000,000 for necessary expenses for grants to 
     carry out the Low-Income Household Drinking Water and 
     Wastewater Assistance program, as described in section 303 of 
     division U of this Act:
       Provided, That funds made available under this heading in 
     this Act may be used for the purposes provided herein to 
     reimburse costs incurred between January 20, 2020, and the 
     date of award:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  Administration for Community Living

                 aging and disability services programs

       For an additional amount for ``Aging and Disability 
     Services Programs'', $1,000,000,000, to prevent, prepare for, 
     and respond to the coronavirus:  Provided, That of the amount 
     made available under this heading in this Act, $925,000,000 
     shall be for activities authorized under the Older Americans 
     Act of 1965 (``OAA''), including $200,000,000 for supportive 
     services under part B of title III; $480,000,000 for 
     nutrition services under subparts 1 and 2 of part C of title 
     III; $20,000,000 for nutrition services under title VI; 
     $150,000,000 for supportive services for family caregivers 
     under part E of title III; $44,000,000 for evidence-based 
     health promotion and disease prevention services under part D 
     of title III; $6,000,000 for aging network support activities 
     to develop targeted outreach strategies to reach particularly 
     at-risk populations, including populations targeted under 
     section 306(a)(4)(A)(i)(l) of such Act; $20,000,000 for elder 
     rights protection activities, including the long-term 
     ombudsman program under title VII; and $5,000,000 shall be 
     for grants to States to support the network of statewide 
     senior legal services, including existing senior legal 
     hotlines, efforts to expand such hotlines to all interested 
     States, and legal assistance to providers, in order to ensure 
     seniors have access to legal assistance, with such fund 
     allotted to States consistent with paragraphs (1) through (3) 
     of section 304(a) of the OAA:  Provided further, That State 
     matching requirements under sections 304(d)(1)(D) and 
     373(g)(2) of the OAA shall not apply to funds made available 
     under this heading:  Provided further, That of the amount 
     made available under this heading in this Act, $50,000,000 
     shall be for activities authorized in the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000:  
     Provided further, That of the amount made available under 
     this heading in this Act, $25,000,000 shall be for activities 
     authorized in the Assistive Technology Act of 2004:  Provided 
     further, That of the amount made available in the preceding 
     proviso, $5,000,000 shall be for the purchase of equipment to 
     allow interpreters to provide appropriate and essential 
     services to the hearing-impaired community:  Provided 
     further, That for the purposes of the funding provided in the 
     preceding proviso, during the emergency period described in 
     section 1135(g)(1)(B) of the Social Security Act, for 
     purposes of section 4(e)(2)(A) of the Assistive Technology 
     Act of 2004, the term ``targeted individuals and entities'' 
     (as that term is defined in section 3(16) of the Assistive 
     Technology Act of 2004) shall be deemed to include American 
     Sign Language certified interpreters who are providing 
     interpretation services remotely for individuals with 
     disabilities:  Provided further, That during such emergency 
     period, for the purposes of the previous two provisos, to 
     facilitate the ability of individuals with disabilities to 
     remain in their homes and practice social distancing, the 
     Secretary shall waive the prohibitions on the use of grant 
     funds for direct payment for an assistive technology device 
     for an individual with a disability under sections 4(e)(2)(A) 
     and 4(e)(5) of such 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.
       For an additional amount for ``Aging and Disability 
     Services Programs'', $175,000,000, to prevent, prepare for, 
     and respond to the coronavirus, which shall be used as 
     follows:
       (1) $5,000,000 for elder abuse, neglect, and exploitation 
     forensic centers, as authorized by section 2031(f) of the 
     Social Security Act (42 U.S.C. 1397l(f));
       (2) $14,000,000 for grants for long-term care staffing and 
     technology, as authorized by section 2041(d) of the Social 
     Security Act (42 U.S.C. 1397m(d));
       (3) $123,000,000 for adult protective services functions 
     and grants, as authorized by sections

[[Page H5227]]

     2042(a)(2), 2042(b)(5), and 2042(c)(6) of the Social Security 
     Act (42 U.S.C. 1397m--1);
       (4) $18,000,000 for long-term care ombudsman program grants 
     and training, as authorized by sections 2043(a)(2) and 
     2043(b)(2) of the Social Security Act (42 U.S.C. 1397m--2);
       (5) $14,000,000 for investigation systems and training, as 
     authorized by sections 6703(b)(1)(C) and 6703(b)(2)(C) of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 1395i--
     3a(b)); and
       (6) $1,000,000 for assessment reports, as authorized by 
     section 207 of division J 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

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $21,025,000,000, 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 products purchased with funds 
     appropriated under this paragraph in this Act may, at the 
     discretion of the Secretary of Health and Human Services, be 
     deposited in the Strategic National Stockpile under section 
     319F-2 of the Public Health Service Act:  Provided further, 
     That funds appropriated under this paragraph in this Act may 
     be transferred to, and merged with, the fund authorized by 
     section 319F-4, the Covered Countermeasure Process Fund, of 
     the Public Health Service Act:  Provided further, That of the 
     amount made available 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 
     advanced research, development, manufacturing, production, 
     and purchase of vaccines, therapeutics, and ancillary medical 
     products to prevent the spread of SARS-CoV-2 and COVID-19, as 
     described in section 702 of division K of this Act:  Provided 
     further, That of the amount made available under this 
     paragraph in this Act, $500,000,000 shall be available to the 
     Biomedical Advanced Research and Development Authority for 
     the construction, renovation, or equipping of U.S.-based next 
     generation manufacturing facilities, other than facilities 
     owned by the United States Government:  Provided further, 
     That of the amount made available under this paragraph in 
     this Act, $500,000,000 shall be available to the Biomedical 
     Advanced Research and Development Authority to promote 
     innovation in antibacterial research and development:  
     Provided further, That funds made available under this 
     paragraph in this Act may be used for grants for the rent, 
     lease, purchase, acquisition, construction, alteration, or 
     renovation of non-Federally owned facilities to improve 
     preparedness and response capability at the State and local 
     level:  Provided further, That funds appropriated under this 
     paragraph in this Act may be used for the construction, 
     alteration, renovation or equipping of non-Federally owned 
     facilities for the production of vaccines, therapeutics, 
     diagnostics, and medicines and other items purchased under 
     section 319F-2(a) of the Public Health Service Act where the 
     Secretary determines that such a contract is necessary to 
     assure sufficient domestic production of such supplies:  
     Provided further, That all construction, alteration, or 
     renovation work, carried out, in whole or in part, with fund 
     appropriated under this heading in this Act, the CARES Act 
     (P.L. 116-136), or the Paycheck Protection Program and Health 
     Care Enhancement Act (P.L. 116-139), shall be subject to the 
     requirements of 42 U.S.C. 300s-1(b)(1)(I):  Provided further, 
     That not later than seven days after the date of enactment of 
     this Act, and weekly thereafter until the public health 
     emergency related to coronavirus is no longer in effect, the 
     Secretary shall report to the Committees on Appropriations of 
     the House of Representatives and the Senate on the current 
     inventory of ventilators and personal protective equipment in 
     the Strategic National Stockpile, including the numbers of 
     face shields, gloves, goggles and glasses, gowns, head 
     covers, masks, and respirators, as well as deployment of 
     ventilators and personal protective equipment during the 
     previous week, reported by state and other jurisdiction:  
     Provided further, That not later than the first Monday in 
     February of fiscal year 2021 and each fiscal year thereafter, 
     the Secretary shall include in the annual budget submission 
     for the Department, and submit to the Congress, the 
     Secretary's request with respect to expenditures necessary to 
     maintain the minimum level of relevant supplies in the 
     Strategic National Stockpile, including in case of a 
     significant pandemic, in consultation with the working group 
     under section 319F(a) of the Public Health Service Act and 
     the Public Health Emergency Medical Countermeasures 
     Enterprise established under section 2811-1 of such 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.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $50,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, for necessary expenses to make 
     payments under the Health Care Provider Relief Fund as 
     described in section 611 of division K 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.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $75,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, for necessary expenses to carry out 
     the COVID-19 National Testing and Contact Tracing Initiative, 
     as described in subtitle D of title V of division K 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.

                        DEPARTMENT OF EDUCATION

                    State Fiscal Stabilization Fund

       For an additional amount for ``State Fiscal Stabilization 
     Fund'', $208,058,000,000, to prevent, prepare for, and 
     respond to coronavirus:  Provided, That the Secretary of 
     Education (referred to under this heading as ``Secretary'') 
     shall make grants to the Governor of each State for support 
     of elementary, secondary, and postsecondary education and, as 
     applicable, early childhood education programs and services:  
     Provided further, That of the amount made available, the 
     Secretary shall first allocate up to one-half of 1 percent to 
     the outlying areas and one-half of 1 percent to the Bureau of 
     Indian Education (``BIE'') for BIE-funded schools and Tribal 
     Colleges or Universities for activities consistent with this 
     heading under such terms and conditions as the Secretary may 
     determine and in consultation with the Secretary of the 
     Interior:  Provided further, That the Secretary may reserve 
     up to $30,000,000 for administration and oversight of the 
     activities under this heading:  Provided further, That the 
     Secretary shall allocate 61 percent of the remaining funds 
     made available to carry out this heading to the States on the 
     basis of their relative population of individuals aged 5 
     through 24 and allocate 39 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'') as State grants:  Provided 
     further, That State grants shall support statewide 
     elementary, secondary, and postsecondary activities; 
     subgrants to local educational agencies; and, subgrants to 
     public institutions of higher education:  Provided further, 
     That States shall allocate 85 percent of the funds received 
     under the fourth proviso as subgrants to local educational 
     agencies in proportion to the amount of funds such local 
     educational agencies received under part A of title I of the 
     ESEA in the most recent fiscal year:  Provided further, That 
     subgrants provided under the preceding proviso shall be 
     administered by State educational agencies:  Provided 
     further, That States shall allocate 13 percent of the funds 
     received under the fourth proviso as subgrants to public 
     institutions of higher education, of which 75 percent shall 
     be apportioned according to the relative share in the State 
     of students who received Pell Grants who are not exclusively 
     enrolled in distance education courses prior to the 
     coronavirus emergency at the institution in the previous 
     award year and 25 percent shall be apportioned according to 
     the relative share in the State of the total enrollment of 
     students at the institution who are not exclusively enrolled 
     in distance education courses prior to the coronavirus 
     emergency at the institution in the previous award year:  
     Provided further, That the Governor may use any funds 
     received under the fourth proviso that are not specifically 
     reserved under this heading for additional support to 
     elementary, secondary, and postsecondary education, including 
     supports for under-resourced institutions, institutions with 
     high burden due to the coronavirus, and institutions who did 
     not possess distance education capabilities prior to the 
     coronavirus emergency:  Provided further, That the Governor 
     shall return to the Secretary any funds received that the 
     Governor does not award to local educational agencies and 
     public institutions of higher education or otherwise commit 
     within two years of receiving such funds, and the Secretary 
     shall reallocate such funds to the remaining States in 
     accordance with the fourth proviso:  Provided further, That 
     Governors shall use State grants and subgrants to maintain or 
     restore State and local fiscal support for elementary, 
     secondary and postsecondary education:  Provided further, 
     That funds for local educational agencies may be used for any 
     activity authorized by the ESEA, including the Native

[[Page H5228]]

     Hawaiian Education Act and the Alaska Native Educational 
     Equity, Support, and Assistance Act, the Individuals with 
     Disabilities Education Act (``IDEA''), subtitle B of title 
     VII of the McKinney-Vento Homeless Assistance Act, the Adult 
     Education and Family Literacy Act or the Carl D. Perkins 
     Career and Technical Education Act of 2006 (``the Perkins 
     Act''):  Provided further, That a State or local educational 
     agency receiving funds under this heading may use the funds 
     for activities coordinated with State, local, tribal, and 
     territorial public health departments to detect, prevent, or 
     mitigate the spread of infectious disease or otherwise 
     respond to coronavirus; support online learning by purchasing 
     educational technology and internet access for students, 
     which may include assistive technology or adaptive equipment, 
     that aids in regular and substantive educational interactions 
     between students and their classroom instructor; provide 
     ongoing professional development to staff in how to 
     effectively provide quality online academic instruction; 
     provide assistance for children and families to promote 
     equitable participation in quality online learning; plan and 
     implement activities related to supplemental afterschool 
     programs and summer learning, including providing classroom 
     instruction or quality online learning during the summer 
     months; plan for and coordinate during long-term closures, 
     provide technology for quality online learning to all 
     students, and how to support the needs of low-income 
     students, racial and ethnic minorities, students with 
     disabilities, English learners (including through such 
     activities as are authorized under Title III of the ESEA, 
     such as ensuring the access of English learners to online 
     learning, supporting professional development on digital 
     instruction for English learners, engagement with the parents 
     of English learners, expanded summer and after-school 
     programs, and mental health supports), students experiencing 
     homelessness, and children in foster care, including how to 
     address learning gaps that are created or exacerbated due to 
     long-term closures; support the continuity of student 
     engagement through social and emotional learning; and other 
     activities that are necessary to maintain the operation of 
     and continuity of services in local educational agencies, 
     including maintaining employment of existing personnel, and 
     reimbursement for eligible costs incurred during the national 
     emergency:  Provided further, That a public institution of 
     higher education that receives funds under this heading shall 
     use funds for education and general expenditures (including 
     defraying expenses due to lost revenue, reimbursement for 
     expenses already incurred, and payroll) and grants to 
     students for expenses directly related to coronavirus and the 
     disruption of campus operations (which may include emergency 
     financial aid to students for tuition, food, housing, 
     technology, health care, and child care costs that shall not 
     be required to be repaid by such students) or for the 
     acquisition of technology and services directly related to 
     the need for distance education and the training of faculty 
     and staff to use such technology and services (which shall 
     not include payment to contractors for the provision of pre-
     enrollment recruitment activities):  Provided further, That 
     an institution of higher education may not use funds received 
     under this heading to increase its endowment or provide 
     funding for capital outlays associated with facilities 
     related to athletics, sectarian instruction, or religious 
     worship:  Provided further, That funds may be used to support 
     hourly workers, such as education support professionals, 
     classified school employees, and adjunct and contingent 
     faculty:  Provided further, That a Governor of a State 
     desiring to receive an allocation under this heading shall 
     submit an application at such time, in such manner, and 
     containing such information as the Secretary may reasonably 
     require:  Provided further, That the Secretary shall issue a 
     notice inviting applications not later than 15 days after the 
     date of enactment of this Act:  Provided further, That any 
     State receiving funding under this heading shall maintain its 
     percent of total spending on elementary, secondary, and 
     postsecondary education in fiscal year 2019 for fiscal years 
     2020, 2021, and 2022:  Provided further, That a State's 
     application shall include assurances that the State will 
     maintain support for elementary and secondary education in 
     fiscal year 2020, fiscal year 2021, and fiscal year 2022 at 
     least at the level of such support that is the average of 
     such State's support for elementary and secondary education 
     in the 3 fiscal years preceding the fiscal year for which 
     State support for elementary and secondary education is 
     provided:  Provided further, That any State receiving funding 
     under this heading shall maintain or exceed its per pupil 
     spending on elementary and secondary education in fiscal year 
     2019 or the proportion of such State's spending on elementary 
     and secondary education in fiscal year 2019 for fiscal years 
     2020, 2021, and 2022:  Provided further, That a State 
     educational agency shall only be eligible to receive funds 
     under this Act if the State in which such agency is located, 
     in either of fiscal years 2021 and 2022, does not reduce 
     State funding for a high-need local educational agency 
     (defined as a local educational agency that has a higher 
     percentage of economically disadvantaged students than the 
     median local educational agency in the state) such that the 
     per-pupil reduction in State funds in each such high-need 
     local educational agency is more than the overall per-pupil 
     reduction in State funds, as calculated by the total 
     reduction in State funds provided to all local educational 
     agencies in the State divided by the total student enrollment 
     across all local educational agencies in the State:  Provided 
     further, That a State's application shall include assurances 
     that the State will maintain State support for higher 
     education (not including support for capital projects or for 
     research and development or tuition and fees paid by 
     students) in fiscal year 2020, fiscal year 2021, and fiscal 
     year 2022 at least at the level of such support that is the 
     average of such State's support for higher education (which 
     shall include State and local government funding to 
     institutions of higher education and state financial aid) in 
     the 3 fiscal years preceding the fiscal year for which State 
     support for higher education is provided, and that any such 
     State's support for higher education funding, as calculated 
     as spending for public higher education per full-time 
     equivalent student, shall be at least the same in fiscal year 
     2022 as it was in fiscal year 2019:  Provided further, That 
     in such application, the Governor shall provide baseline data 
     that demonstrates the State's current status in each of the 
     areas described in such assurances in the preceding provisos: 
      Provided further, That a State's application shall include 
     assurances that the State will not construe any provisions 
     under this heading as displacing any otherwise applicable 
     provision of any collective-bargaining agreement between an 
     eligible entity and a labor organization as defined by 
     section 2(5) of the National Labor Relations Act (29 U.S.C. 
     152(5)) or analogous State law:  Provided further, That a 
     State's application shall include assurances that the State 
     shall maintain the wages, benefits, and other terms and 
     conditions of employment set forth in any collective-
     bargaining agreement between the eligible entity and a labor 
     organization, as defined in the preceding proviso:  Provided 
     further, That a State's application shall include assurances 
     that all students with disabilities (as defined by section 
     602 of IDEA) are afforded their full rights under IDEA, 
     including all rights and services outlined in individualized 
     education programs (``IEPs'') (as defined in section 614(d) 
     of IDEA), individualized family services plans (as defined by 
     section 636 of IDEA), and in section 504 of the 
     Rehabilitation Act of 1973:  Provided further, That a State 
     receiving funds under this heading shall submit a report to 
     the Secretary, at such time and in such manner as the 
     Secretary may require, that describes the use of funds 
     provided under this heading:  Provided further, That no 
     recipient of funds under this heading shall use funds to 
     provide financial assistance to students to attend private 
     elementary or secondary schools, unless such funds are used 
     to provide special education and related services to children 
     with disabilities whose IEPs require such placement, and 
     where the school district maintains responsibility for 
     providing such children a free appropriate public education, 
     as authorized by IDEA:  Provided further, That a local 
     educational agency, State, institution of higher education, 
     or other entity that receives funds under ``State Fiscal 
     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:  Provided further, That the terms ``elementary 
     education'' and ``secondary education'' have the meaning 
     given such terms under State law:  Provided further, That the 
     term ``institution of higher education'' has the meaning 
     given such term in section 101 of the Higher Education Act of 
     1965:  Provided further, That the term ``fiscal year'' shall 
     have the meaning given such term under State law:  Provided 
     further, That the term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico:  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.

        Elementary and Secondary School Emergency Facilities Aid

        For an additional amount for ``Elementary and Secondary 
     School Emergency Facilities Aid'', $5,000,000,000 to prevent, 
     prepare for, and respond to coronavirus:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

  Administrative Provision--Elementary and Secondary School Emergency 
                             Facilities Aid

       Sec. 804. (a)(1) Grants.--From the amount made available 
     under this heading in this Act, the Secretary shall make 
     elementary and secondary school emergency facilities grants 
     to each State educational agency with an approved 
     application. The Secretary shall issue a notice inviting 
     applications not later than 30 days of enactment of this Act 
     and approve or deny applications not later than 30 days after 
     receipt.
       (2) For purposes of this section, a State designated agency 
     shall mean the State educational agency, unless the Governor 
     of a State designates a State agency other than the 
     educational agency as responsible for school facilities 
     improvement under this section and informs the Secretary of 
     such designation and the term ``State'' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico .
       (b)(1) 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.
       (2) State reservation.--A State may reserve not more than 
     \1/2\ of 1 percent for administration costs.
       (3) Reservation for outlying areas and bureau of indian 
     education-funded schools.--The Secretary shall reserve from 
     the amount made available under this heading in this Act--
       (A) one-half of 1 percent, to provide assistance to the 
     outlying areas; and
       (B) one-half of 1 percent, for payments to the Secretary of 
     the Interior to provide assistance to Bureau of Indian 
     Education-funded schools.
       (c) Subgrants to Local Educational Agencies.--Within 60 
     days of the State's approved

[[Page H5229]]

     application under paragraph (a), each State shall allocate 
     the remaining grant funds awarded to the State under this 
     section as subgrants to local educational agencies in the 
     State, with the grant funds allocated to the local 
     educational agencies with the highest percentages of students 
     eligible for a free or reduced price lunch under the Richard 
     B. Russell National School Lunch Act (42. U.S.C. 1751 et. 
     seq.) with the public school facilities with the highest 
     needs related to the coronavirus as determined by the State.
       (1) Public notice.--The State educational agency shall make 
     subgrant information available to the public on the State 
     educational agency website, including the local educational 
     agencies that received subgrant awards and the amounts 
     provided to each local educational agency.
       (2) Subgrant applications.--To be considered for a subgrant 
     under this section, a qualified local educational agency 
     shall submit an application to the State educational agency 
     that shall include at minimum--
       (A) a description of the coronavirus-related school 
     facility needs within the local educational agency; and
       (B) an estimate of how much addressing the coronavirus-
     related facility needs will cost.
       (d) Uses of Funds.--A local educational agency that 
     receives funds under this section may use the funds for any 
     of the following:
       (1) School facility repairs and improvements to enable 
     operation of schools to reduce risk of virus transmission and 
     exposure to environmental health hazards, and to support 
     student health needs.
       (2) Inspection, testing, maintenance, repair, replacement, 
     and upgrade projects to improve the indoor air quality in 
     school facilities, including mechanical and non-mechanical 
     heating, ventilation, and air conditioning systems, 
     filtering, purification and other air cleaning, fans, control 
     systems, and window and door repair and replacement.
       (3) School facility repairs and improvements to support 
     improved personal hygiene, such as repair, replacement, and 
     installation of sinks for hand washing and touchless water 
     dispensers for drinking, and health isolation areas.
       (4) Inspection, testing, maintenance, repair, and 
     replacement of school facility potable water systems to 
     provide safe drinking water after prolonged shutoffs.
       (5) Improvements to finishes, such as painting and other 
     surface repair, needed to enable effective sanitizing.
       (6) Improvements to school grounds needed to enable outdoor 
     instruction and other physically distanced school activities.
       (7) Training of school facility staff in association with 
     the above uses of funds.
       (8) Planning, assessment, management, design, renovation, 
     repair and construction activities in association with the 
     above uses of funds.
       (9) Inspection, testing, maintenance, repair, replacement, 
     and upgrade projects to electrical systems to allow or 
     improve information technology to provide virtual education.
       (e) Priority.--A local educational agency that receives 
     funds under this section shall prioritize funds for its 
     school facilities that have the most significant facility 
     improvement needs with respect to responding to covid-19, 
     including those identified by the Centers for Disease Control 
     and Prevention.
       (f) Reporting.--(1) The local educational agency shall 
     include the following information in a report to the State 
     educational agency within 60 days of receipt of grant funds--
       (A) which schools benefitted from the funds in this 
     section;
       (B) how much funding each selected school received; and
       (C) a description of how the grant funds were used.
       (2) The State educational agency shall include the 
     following information in a report to the Secretary within 6 
     months of receipt of grant funds--
       (A) which local educational agencies received funding;
       (B) how much funding was awarded to each receiving local 
     educational agency; and
       (C) a summary on the uses of funds for projects receiving 
     funds under this section, including the amount of local or 
     state funds, if any, applied to projects.
       (3) The Secretary shall prepare and submit a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the Committee on Education and Labor of the 
     House of Representatives, and the Committee on Health, 
     Education, Labor and Pensions of the Senate within 10 months 
     of the date of enactment of this Act, that includes a summary 
     of the types of projects that were funded with the grants.

                            Higher Education

       For an additional amount for ``Higher Education'', 
     $11,942,000,000 to prevent, prepare for, and respond to 
     coronavirus, of which $11,000,000 shall be transferred to 
     ``National Technical Institute for the Deaf'' to help defray 
     expenses (which may include lost revenue, reimbursement for 
     expenses already incurred, technology costs associated with a 
     transition to distance education, sign language and 
     captioning costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll) directly 
     caused by coronavirus and to enable emergency financial aid 
     to students for expenses directly related to coronavirus and 
     the disruption of university operations (which may include 
     food, housing, transportation, technology, health care, and 
     child care), of which $20,000,000 shall be transferred to 
     ``Howard University'' to help defray expenses (which may 
     include lost revenue, reimbursement for expenses already 
     incurred, technology costs associated with a transition to 
     distance education, technology costs associated with a 
     transition to distance education, faculty and staff 
     trainings, and payroll) directly related to coronavirus and 
     to enable grants to students for expenses directly related to 
     coronavirus and the disruption of university operations 
     (which may include food, housing, transportation, technology, 
     health care, and child care), of which $11,000,000 shall be 
     transferred to ``Gallaudet University'' to help defray 
     expenses (which may include lost revenue, reimbursement for 
     expenses already incurred, technology costs associated with a 
     transition to distance education, sign language and 
     captioning costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll) directly 
     related to coronavirus and to enable grants to students for 
     expenses directly related to coronavirus and the disruption 
     of university operations (which may include food, housing, 
     transportation, technology, health care, and child care), and 
     of which the remaining amounts shall be used to carry out 
     parts A and B of title III, parts A and B of title V, subpart 
     4 of part A of title VII, and part B of title VII of the 
     Higher Education Act of 1965 (``HEA'') as follows:
       (1) $3,500,000,000 for 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 
     HEA to address needs directly related to coronavirus:  
     Provided, That such amount shall be allocated by the 
     Secretary proportionally to such programs covered under this 
     paragraph and 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 institutions of higher education as follows:
       (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 that 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;
       (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;
       (E) Except as provided in subparagraphs (C) and (D), for 
     eligible institutions under part A of title III of the Higher 
     Education Act and parts A and B of title V, the Secretary 
     shall issue an application for eligible institutions to 
     demonstrate unmet need, and the Secretary shall allow 
     eligible institutions to apply for funds under one of the 
     programs for which they are eligible.
       (2) $8,400,000,000 for part B of title VII of the HEA for 
     institutions of higher education (as defined in section 101 
     or 102(c) of the HEA) to address needs directly related to 
     coronavirus as follows:
       (A) $7,000,000,000 shall be provided to private, nonprofit 
     institutions of higher education, by apportioning--
       (i) 75 percent according to the relative share of 
     enrollment of Federal Pell Grant recipients who are not 
     exclusively enrolled in distance education courses prior to 
     the coronavirus emergency; and
       (ii) 25 percent according to the relative share of the 
     total enrollment of students who were not Federal Pell Grant 
     recipients who are not exclusively enrolled in distance 
     education courses prior to the coronavirus emergency.
       (B) $1,400,000,000 shall be for institutions of higher 
     education with unmet need related to the coronavirus, 
     including institutions of higher education that offer their 
     courses and programs exclusively through distance education:
       Provided, That funds shall be used to make payments to such 
     institutions to provide emergency grants to students who 
     attended such institutions at any point during the 
     coronavirus emergency and for any component of the student's 
     cost of attendance (as defined under section 472 of the HEA), 
     including tuition, food, housing, course materials, 
     technology, health care, and child care):  Provided further, 
     That institutions of higher education may use such funds to 
     defray expenses (including lost revenue, reimbursement for 
     expenses already incurred, technology costs associated with a 
     transition to distance education, faculty and staff 
     trainings, and payroll) incurred by institutions of higher 
     education:  Provided further, That such payments shall not be 
     used to increase endowments, to pay contractors for the 
     provision of pre-enrollment recruitment activities, or 
     provide funding for capital outlays associated with 
     facilities related to athletics, sectarian instruction, or 
     religious worship:  Provided further, That any private, 
     nonprofit institution of higher education that is not 
     otherwise eligible for a grant of at

[[Page H5230]]

     least $1,000,000 under paragraph (2)(A)(ii) of this heading 
     and has a total enrollment of at least 500 students shall be 
     eligible to receive, from amounts reserved under paragraph 
     (2)(A)(i), an amount equal to whichever is the lesser of the 
     total loss of revenue and increased costs associated with the 
     coronavirus or $1,000,000:  Provided further, That of the 
     funds provided under paragraph 2(B), the Secretary shall make 
     an application available for institutions of higher education 
     to demonstrate unmet need, which shall include for this 
     purpose a dramatic decline in revenue as a result of campus 
     closure, exceptional costs or challenges implementing 
     distance education platforms due to lack of a technological 
     infrastructure, serving a large percentage of students who 
     lack access to adequate technology to move to distance 
     education, serving a region or community that has been 
     especially impacted by increased unemployment and displaced 
     workers, serving communities or regions where the number of 
     coronavirus cases has imposed exceptional costs on the 
     institution, and other criteria that the Secretary shall 
     identify after consultation with institutions of higher 
     education or their representatives:  Provided further, That 
     no institution may receive an award under the preceding 
     proviso unless it has submitted an application that describes 
     the impact of the coronavirus on the institution and the ways 
     that the institution will use the funds to ameliorate such 
     impact:  Provided further, That the Secretary shall 
     reallocate any funds received from an institution to 
     remaining institutions in accordance with paragraph 2(A):  
     Provided further, That the Secretary shall brief the 
     Committees on Appropriations fifteen days in advance of 
     making any application available for funds under paragraph 
     (2)(B):  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.

                    Institute of Education Sciences

       For an additional amount for ``Institute of Education 
     Sciences'', $32,000,000 to prevent, prepare for, and respond 
     to coronavirus for carrying out the National Assessment of 
     Educational Progress Authorization Act (title III of Public 
     Law 107-279):  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                        Departmental Management

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $7,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, including 
     for salaries and expenses necessary for oversight, 
     investigations and audits of programs, grants, and projects 
     funded in this Act to respond to coronavirus:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              General Provisions--Department of Education

       Sec. 805.  The remaining unobligated balances of funds made 
     available to ``Department of Education--Office of Inspector 
     General'' in title VIII of division B of the CARES Act 
     (Public Law 116-136) are hereby rescinded, and an amount of 
     additional new budget authority equivalent to the amount 
     rescinded is hereby appropriated, for an additional amount 
     for fiscal year 2021, to remain available until expended, for 
     the same purposes and under the same authorities as they were 
     originally appropriated, and shall be in addition to any 
     other funds available for such purposes:  Provided, That the 
     amounts appropriated by this section may also be used for 
     investigations and are available until expended:  Provided 
     further, That amounts rescinded pursuant to this section that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 806.  Section 18004(c) of the Coronavirus Aid, Relief, 
     and Economic Security Act (P.L. 116-136) is amended by 
     striking ``to cover any costs associated with significant 
     changes to the delivery of instruction due to the 
     coronavirus'' and inserting ``to defray expenses (including 
     lost revenue, reimbursement for expenses already incurred, 
     technology costs associated with a transition to distance 
     education, faculty and staff trainings, payroll) incurred by 
     institutions of higher education.'':  Provided, That amounts 
     repurposed pursuant to the amendment made by this section 
     that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 807.  With respect to the allocation and award of 
     funds under this title, the Secretary of Education is 
     prohibited from--
        (a) establishing a priority or preference not specified in 
     this title; and
       (b) imposing limits on the use of such funds not specified 
     in this title.
       Sec. 808. (a) Local Activities and In-Person Care.--
     Notwithstanding each provision in part B of title IV of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7171 et seq.) that requires activities under such part to be 
     carried out during nonschool hours or periods when school is 
     not in session, for school year 2020-2021, an eligible entity 
     that is awarded a subgrant under section 4204 of such Act (20 
     U.S.C. 7174) for community learning centers may use such 
     subgrant funds--
       (1) to carry out activities described in section 4205 of 
     such Act (20 U.S.C. 7175), regardless of whether such 
     activities are conducted in-person or virtually, or during 
     school hours or when school is in session; and
       (2) to provide in-person care during--
       (A) the regular school day for students eligible to receive 
     services under part B of title IV of such Act (20 U.S.C. 7171 
     et seq.); and
       (B) a period in which full-time in-person instruction is 
     not available for all such students served by such eligible 
     entity.
       (b) Requirements.--An eligible entity may carry out the 
     activities described in subsection (a)(1) and the in-person 
     care described in subsection (a)(2) if--
       (1) such activities and in-person care supplement but do 
     not supplant regular school day requirements;
       (2) such eligible entity complies with section 
     4204(b)(2)(D) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7174(b)(2)(D)) with respect to the 
     activities carried out pursuant to this Act; and
       (3) such eligible entity specifies in an application for a 
     subgrant under section 4204(b) of such Act (20 U.S.C. 
     7174(b)) with respect to such school year (or in an addendum 
     to such application) how the subgrant funds will be used to 
     carry out such activities or to provide such in-person care, 
     or both.
       (c) Emergency Designation.--The amounts provided by this 
     section are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 809.  The Secretary of Education may allow funds 
     appropriated for grants under part B of title I and title VI 
     of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) for 
     fiscal year 2020 to be available for obligation and 
     expenditure during fiscal years 2020 and 2021:  Provided, 
     That the amounts provided by this section are designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

             Corporation For National And Community Service

       For an additional amount for the ``Corporation for National 
     and Community Service'' (referred to under this heading as 
     ``CNCS''), $336,000,000, to prevent, prepare for, and respond 
     to coronavirus, including to carry out the Domestic Volunteer 
     Service Act of 1973 (``1973 Act'') and the National and 
     Community Service Act of 1990 (``1990 Act''):  Provided, That 
     $228,000,000 of the funds made available in this paragraph 
     may be used to make new and additional awards to new and 
     existing AmeriCorps grantees and may be used to provide 
     adjustments to awards under subtitle C of title I of the 1990 
     Act for which the Chief Executive Officer of CNCS determines 
     that a waiver of the Federal share limitation is warranted 
     under section 2521.70 of title 45 of the Code of Federal 
     Regulations:  Provided further, That of the amount provided 
     in this paragraph, $26,000,000 shall be for programs under 
     title I, part A of the 1973 Act:  Provided further, That of 
     the amount provided in this paragraph, $35,000,000 shall be 
     for programs under title II of the 1973 Act, and not less 
     than $23,000,000 of these funds shall be available for the 
     program under title II, part C of the 1973 Act:  Provided 
     further, That of the amounts provided under this paragraph: 
     (1) up to 1 percent of the funds in this paragraph may be 
     used to defray the costs of conducting grant application 
     reviews, including the use of outside peer reviewers and 
     electronic management of the grants cycle; (2) $9,000,000 
     shall be available to provide assistance to State commissions 
     on national and community service, under section 126(a) of 
     the 1990 Act; (3) $5,000,000 shall be available to carry out 
     subtitle E of the 1990 Act; and (4) $12,000,000 shall be 
     available for expenses authorized under section 501(a)(4)(F) 
     of the 1990 Act, which shall be awarded by CNCS on a 
     competitive basis:  Provided further, That for the purposes 
     of carrying out the 1990 Act, satisfying the requirements in 
     section 122(c)(1)(D) of such Act may include a determination 
     of need by the local community:  Provided further, That up to 
     $21,000,000 may be transferred for necessary expenses of 
     administration as provided under section 501(a)(5) of the 
     1990 Act and under section 504(a) of the 1973 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.

                 payment to the national service trust

                     (including transfer of funds)

       For an additional amount for ``National Service Trust'', 
     $14,000,000, to remain available until expended:  Provided, 
     That CNCS may transfer additional funds from the amount 
     provided under the heading ``Corporation for National and 
     Community Service'' in this Act for grants made under 
     subtitle C of title I of the 1990 Act to this appropriation 
     upon determination that such transfer is necessary to support 
     the activities of national service participants and after 
     notice is transmitted to the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided 
     further, That the amount appropriated for or transferred to 
     the National Service Trust may be invested under section 
     145(b) of the 1990 Act without regard to the requirement to 
     apportion funds under 31

[[Page H5231]]

     U.S.C. 1513(b):  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.

                  Corporation for Public Broadcasting

       For an additional amount for fiscal year 2021 for 
     ``Corporation for Public Broadcasting,'' $175,000,000 to 
     prevent, prepare for, and respond to coronavirus, including 
     for fiscal stabilization grants to public telecommunications 
     entities, as defined by 47 U.S.C. 397(12), with no deduction 
     for administrative or other costs of the Corporation, to 
     maintain programming and services and preserve small and 
     rural stations threatened by declines in non-Federal 
     revenues:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For an additional amount for ``Institute of Museum and 
     Library Services'', $135,000,000 to prevent, prepare for, and 
     respond to coronavirus, including grants to States, 
     territories, tribes, museums, and libraries, to expand 
     digital network access, purchase internet accessible devices, 
     provide technical support services, and for operational 
     expenses:  Provided, That any matching funds requirements for 
     States, tribes, libraries, and museums are waived for grants 
     provided with funds made available under this heading in this 
     Act:  Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       Railroad Retirement Board

                      limitation on administration

       For an additional amount for ``Limitation on 
     Administration'', $4,500,000 to prevent, prepare for, and 
     respond to coronavirus, including the expeditious 
     dispensation of railroad unemployment insurance benefits, and 
     to support full-time equivalents and overtime hours as needed 
     to administer the Railroad Unemployment Insurance Act, and of 
     which $8,300 shall be for administrative costs related to 
     implementing rebate payments:  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.

             limitation on the office of inspector general

       For an additional amount for ``Office of the Inspector 
     General'', $500,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, including 
     salaries and expenses necessary for oversight, investigations 
     and audits of the Railroad Retirement Board and railroad 
     unemployment insurance benefits funded in this Act and Public 
     Law 116-136:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     SOCIAL SECURITY ADMINISTRATION

                 Limitation on Administrative Expenses

       For an additional amount for ``Limitation on Administrative 
     Expenses'', $40,500,000, to prevent, prepare for, and respond 
     to coronavirus, domestically or internationally, for 
     necessary expenses to carry out additional recovery rebates 
     to individuals, as described in section 101 of division F of 
     this Act:  Provided, That of the amount made available under 
     this heading in this Act, $2,500,000, to remain available 
     until September 30, 2025, shall be transferred to ``Social 
     Security Administration--Office of Inspector General'' for 
     necessary expenses in carrying out the provisions of the 
     Inspector General Act of 1978:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 810.  Notwithstanding any other provision of law, 
     funds made available under each heading in this title shall 
     only be used for the purposes specifically described under 
     that heading.
       Sec. 811.  Funds appropriated by this title may be used by 
     the Secretary of the Department of Health and Human Services 
     to appoint, without regard to the provisions of sections 3309 
     through 3319 of title 5 of the United States Code, candidates 
     needed for positions to perform critical work relating to 
     coronavirus for which--
       (1) public notice has been given; and
       (2) the Secretary has determined that such a public health 
     threat exists.
       Sec. 812.  Funds made available by this title may be used 
     to enter into contracts with individuals for the provision of 
     personal services (as described in section 104 of part 37 of 
     title 48, Code of Federal Regulations (48 CFR 37.104)) to 
     support the prevention of, preparation for, or response to 
     coronavirus, domestically and internationally, subject to 
     prior notification to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided, That such 
     individuals may not be deemed employees of the United States 
     for the purpose of any law administered by the Office of 
     Personnel Management:  Provided further, That the authority 
     made available pursuant to this section shall expire on 
     September 30, 2024.
       Sec. 813.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall provide a detailed spend plan of anticipated 
     uses of funds made available to the Department of Health and 
     Human Services in this Act, including estimated personnel and 
     administrative costs, to the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided, That 
     such plans shall be updated and submitted to such Committees 
     every 60 days until September 30, 2024:  Provided further, 
     That the spend plans shall be accompanied by a listing of 
     each contract obligation incurred that exceeds $5,000,000 
     which has not previously been reported, including the amount 
     of each such obligation.
       Sec. 814.  Of the funds appropriated by this title under 
     the heading ``Public Health and Social Services Emergency 
     Fund'', $25,000,000 shall be transferred to, and merged with, 
     funds made available under the heading ``Office of the 
     Secretary, Office of Inspector General'', and shall remain 
     available until expended, for oversight of activities 
     supported with funds appropriated to the Department of Health 
     and Human Services in this Act:  Provided, That the Inspector 
     General of the Department of Health and Human Services shall 
     consult with the Committees on Appropriations of the House of 
     Representatives and the Senate prior to obligating such 
     funds:  Provided further, That the transfer authority 
     provided by this section is in addition to any other transfer 
     authority provided by law.

                                TITLE IX

                           LEGISLATIVE BRANCH

                                 SENATE

                   Contingent Expenses of the Senate

             sergeant at arms and doorkeeper of the senate

       For an additional amount for ``Sergeant at Arms and 
     Doorkeeper of the Senate'', $6,345,000, to remain available 
     until expended, to prevent, prepare for, and respond to 
     coronavirus, which shall be allocated in accordance with a 
     spend plan submitted to the Committee on Appropriations of 
     the Senate:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        HOUSE OF REPRESENTATIVES

                        Allowances and Expenses

       For an additional amount for ``Allowances and Expenses'', 
     $37,000,000, to remain available until expended, for 
     necessary expenses for Business Continuity and Disaster 
     Recovery, to prevent, prepare for, and respond to 
     coronavirus, to be allocated in accordance with a spend plan 
     submitted to the Committee on Appropriations of the House of 
     Representatives by the Chief Administrative Officer and 
     approved by such Committee:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                              JOINT ITEMS

                   Office of the Attending Physician

       For an additional amount for ``Office of the Attending 
     Physician'', $600,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                             CAPITOL POLICE

                                Salaries

                     (including transfer of funds)

       For an additional amount for ``Salaries'', $12,000,000, to 
     prevent, prepare for, and respond to coronavirus:  Provided, 
     That amounts provided under this heading in this Act may be 
     transferred between Capitol Police ``Salaries'' and ``General 
     Expenses'' for the purposes provided herein without the 
     approval requirement of section 1001 of the Legislative 
     Branch Appropriations Act, 2014 (2 U.S.C. 1907a);  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.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,200,000, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        ARCHITECT OF THE CAPITOL

                  Capital Construction and Operations

       For an additional amount for ``Capital Construction and 
     Operations'', $150,000,000, to remain available until 
     expended, to supplement the funding made available to the 
     Architect for the purposes described in title IX of division 
     B of the CARES Act (Public Law 116-136):  Provided, That this 
     additional amount also may be used for the purchase and 
     distribution of supplies to respond to coronavirus including, 
     but not limited to, cleaning and sanitation supplies, masks 
     and/or face coverings to Congressional offices, committees, 
     and visitors, including provisions for travel and other 
     necessary work carried out by staff in their Congressional 
     Districts and State Offices, wherever located:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $12,000,000, to prevent, prepare for, and respond to 
     coronavirus, including to offset losses resulting from the 
     coronavirus pandemic

[[Page H5232]]

     of amounts collected pursuant to the Act of June 28, 1902 
     (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), for revolving 
     fund activities pursuant to sections 182 and 182a through 
     182e of title 2, United States Code, sections 708(d) and 1316 
     of title 17, United States Code, and sections 111(d)(2), 
     119(b)(3), 803(e), and 1005 of such title, and for 
     reimbursement of the Little Scholars Child Development Center 
     for salaries for employees, as authorized by this title:  
     Provided, That the Library of Congress may transfer amounts 
     appropriated under this heading in this Act to other 
     applicable appropriations of the Library of Congress to 
     prevent, prepare for, and respond to coronavirus:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      GOVERNMENT PUBLISHING OFFICE

    Government Publishing Office Business Operations Revolving Fund

       For an additional amount for ``Government Publishing Office 
     Business Operations Revolving Fund'', $7,000,000, to prevent, 
     prepare for, and respond to coronavirus, which shall be for 
     offsetting losses resulting from the coronavirus pandemic of 
     amounts collected pursuant to section 309 of title 44, United 
     States Code:  Provided, 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.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $88,500,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, which shall be for 
     audits and investigations and for reimbursement of the Tiny 
     Findings Child Development Center for salaries for employees, 
     as authorized by this title:  Provided, That not later than 
     90 days after the date of enactment of this Act, the 
     Government Accountability Office shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a spend plan specifying funding estimates and 
     a timeline for such audits and investigations:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE


  source of funds used for payment of salaries and expenses of senate 
                       employee child care center

       Sec. 901. The Secretary of the Senate shall reimburse the 
     Senate Employee Child Care Center for personnel costs 
     incurred until September 30, 2021, for employees of such 
     Center who have been ordered to cease working due to measures 
     taken in the Capitol complex to combat coronavirus, from 
     amounts in the appropriations account ``Miscellaneous Items'' 
     within the contingent fund of the Senate.
       Sec. 902.  Funds appropriated to the Architect of the 
     Capitol in this Act also may be used to restore amounts, 
     either directly or through reimbursement, for obligations 
     incurred by the Architect to prevent, prepare for, and 
     respond to Coronavirus Disease 2019 (COVID-19) prior to the 
     date of enactment of this Act. Funds used to restore amounts 
     to other Architect of the Capitol accounts shall assume the 
     original period of availability of such accounts.


authority of architect of the capitol to make expenditures in response 
                             to emergencies

       Sec. 903.  (a) COVERAGE OF COMMUTING EXPENSES.--Section 
     1305(a)(2) of the Legislative Branch Appropriations Act, 2010 
     (2 U.S.C. 1827(a)(2)) is amended by inserting after 
     ``refreshments'', the following: ``transportation and other 
     related expenses incurred by employees in commuting between 
     their residence and their place of employment''.
       (b) AUTHORITY TO PROVIDE SUPPLIES AND SERVICES THROUGHOUT 
     FACILITIES AND GROUNDS UNDER THE ARCHITECT OF THE CAPITOL'S 
     CARE.--Section 1305 of the Legislative Branch Appropriations 
     Act, 2010 (2 U.S.C. 1827) is further amended by inserting 
     after subsection (a)(2), the following: ``(3) May accept 
     contributions of, and incur obligations and make expenditures 
     for, supplies, products, services, and operational costs 
     necessary to respond to the emergency, which may be provided 
     throughout all facilities and grounds under the care of the 
     Architect of the Capitol wherever located, on a reimbursable 
     or non-reimbursable basis subject to the availability of 
     funds.''.
       (c) EFFECTIVE DATE.--The amendment made by subsections (a) 
     and (b) shall apply with respect to fiscal year 2020 and each 
     succeeding fiscal year.
       Sec. 904.  Notwithstanding the provisions of section 
     6304(c) of title 5, United States Code, any annual leave 
     accumulated by an employee of the Government Publishing 
     Office in excess of the limits prescribed in section 6304(a) 
     of title 5, United States Code, remains to the credit of the 
     employee until December 31, 2021.

                                TITLE X

     MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

      general operating expenses, veterans benefits administration

       For an additional amount for ``General Operating Expenses, 
     Veterans Benefits Administration'', $338,000,000, to prevent, 
     prepare for, and respond to coronavirus, including the 
     elimination of backlogs that may have occurred:  Provided, 
     That amounts provided under this heading in this Act made 
     available for the elimination of backlogs may not be used to 
     increase the number of permanent positions:  Provided 
     further, That of the amounts provided under this heading, up 
     to $198,000,000 shall be to improve the Veteran Benefits 
     Administration's education systems, including implementation 
     of changes to chapters 30 through 36 of part III of title 38, 
     United States Code in the Harry W. Colmery Veterans 
     Educational Assistance Act of 2017 (Public Law 115-48), in a 
     bill to authorize the Secretary of Veterans Affairs to treat 
     certain programs of education converted to distance learning 
     by reason of emergencies and health-related situations in the 
     same manner as programs of education pursued at educational 
     institutions, and for other purposes (Public Law 116-128), 
     and in the Student Veteran Coronavirus Response Act of 2020 
     (Public Law 116-140):  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.

                     Veterans Health Administration

                         medical community care

       For an additional amount for ``Medical Community Care'', 
     $100,000,000, for a one-time emergency payment to existing 
     State Extended Care Facilities for Veterans, to prevent, 
     prepare for, and respond to coronavirus:  Provided, That such 
     payments shall be in proportion to each State's share of the 
     total resident capacity in such facilities as of January 4, 
     2020 where such capacity includes only veterans on whose 
     behalf the Department pays a per diem amount pursuant to 38 
     United States Code 1741 or 1745:  Provided further, That 
     amounts made available to ``Veterans Health Administration--
     Medical Services'' in division B of Public Law 116-136, may 
     be transferred to and merged with the Medical Community Care 
     account to be used for the purposes provided under this 
     heading in this Act, and shall be in additional to any other 
     amounts available for such purposes:  Provided further, That 
     amounts transferred pursuant to the preceding proviso that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                    National Cemetery Administration

       For an additional amount for ``National Cemetery 
     Administration'', $26,000,000, to prevent, prepare for, and 
     respond to coronavirus:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      Departmental Administration

                       board of veterans appeals

       For an additional amount for ``Board of Veterans Appeals'', 
     $4,000,000, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     information technology systems

       For an additional amount for ``Information Technology 
     Systems'', $45,000,000, to remain available until September 
     30, 2021, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That amounts provided under this 
     heading shall be to improve the Veteran Benefits 
     Administration's education systems, including implementation 
     of changes to chapters 30 through 36 of part III of title 38, 
     United States Code in the Harry W. Colmery Veterans 
     Educational Assistance Act of 2017 (Public Law 115-48), in a 
     bill to authorize the Secretary of Veterans Affairs to treat 
     certain programs of education converted to distance learning 
     by reason of emergencies and health-related situations in the 
     same manner as programs of education pursued at educational 
     institutions, and for other purposes (Public Law 116-128), 
     and in the Student Veteran Coronavirus Response Act of 2020 
     (Public Law 116-140):  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,000,000, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  American Battle Monuments Commission

                         salaries and expenses

       For an additional amount for the ``Salaries and Expenses'', 
     $2,000,000, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to

[[Page H5233]]

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

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfer of funds)

       Sec. 1001.  Title X of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended under the heading ``Department of Veterans Affairs--
     Departmental Administration--Grants for Construction of State 
     Extended Care Facilities'' by striking ``including to modify 
     or alter existing hospital, nursing home, and domiciliary 
     facilities in State homes: Provided,'' and inserting in lieu 
     thereof the following: ``which shall be for modifying or 
     altering existing hospital, nursing home, and domiciliary 
     facilities in State homes: Provided, That the Secretary shall 
     conduct a new competition or competitions to award grants to 
     States using funds provided under this heading in this Act: 
     Provided further, That such grants may be made to reimburse 
     States for the costs of modifications or alterations that 
     have been initiated or completed before an application for a 
     grant under this section is approved by the Secretary: 
     Provided further, That the use of funds provided under this 
     heading in this Act shall not be subject to state matching 
     fund requirement, application requirements, cost thresholds, 
     the priority list, deadlines, award dates under sections 8134 
     and 8135 of title 38, United States Code, and part 59 of 
     chapter I of title 38, Code of Federal Regulations, and shall 
     not be subject to requirements of section 501(d) of title 38, 
     United States Code: Provided further, That the Secretary may 
     establish and adjust rolling deadlines for applications for 
     such grants and may issue multiple rounds of application 
     periods for the award of such grants under this section: 
     Provided further,'':  Provided, That amounts repurposed 
     pursuant to this section that were previously designated by 
     the Congress as an emergency requirement pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 1002.  Of the unobligated balances available to the 
     Department of Veterans Affairs from title X of division B of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136) for ``Veterans Health Administration, 
     Medical Services'', up to $100,000,000 may be transferred to 
     ``Departmental Administration, Information Technology 
     Systems'' to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for 
     improvements to supply chain systems including the Defense 
     Medical Logistics Standard Support system:  Provided, That 
     not more than $50,000,000 may be transferred to development 
     subaccount for the Supply Chain Management project:  Provided 
     further, That the transferred funds shall be in addition to 
     any other funds made available for this purpose:  Provided 
     further, That the amounts transferred in this section that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                TITLE XI

     DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                          diplomatic programs

       For an additional amount for ``Diplomatic Programs'', 
     $500,000,000, for necessary expenses to prevent, prepare for, 
     and respond to coronavirus, including for evacuation 
     expenses, emergency preparedness, maintaining consular 
     operations, and other operations and maintenance requirements 
     related to the consequences of coronavirus, domestically or 
     internationally, of which $425,000,000 shall be for Consular 
     and Border Security Programs, to remain available until 
     expended, for offsetting losses resulting from the 
     coronavirus pandemic of fees collected and deposited into 
     such account pursuant to section 7081 of Public Law 115-31:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $4,400,000, for oversight of activities conducted 
     by the Department of State and made available to prevent, 
     prepare for, and respond to coronavirus by this title and by 
     prior acts:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $50,000,000, to prevent, prepare for, and respond to 
     coronavirus and for other operations and maintenance 
     requirements related to the consequences of coronavirus:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $3,500,000, for oversight of activities conducted 
     by the United States Agency for International Development and 
     made available to prevent, prepare for, and respond to 
     coronavirus by this title and by prior acts:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         global health programs

       For an additional amount for ``Global Health Programs'', 
     $3,690,925,000, for necessary expenses to prevent, prepare 
     for, and respond to coronavirus:  Provided, That such funds 
     shall be administered by the Administrator of the United 
     States Agency for International Development:  Provided 
     further, That of the funds appropriated under this heading in 
     this title, not less than $150,000,000 shall be transferred 
     to, and merged with, funds made available for the Emergency 
     Reserve Fund established pursuant to section 7058(c)(1) of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2017 (division J of Public Law 
     115-31):  Provided further, That funds made available 
     pursuant to the preceding proviso shall be made available 
     under the terms and conditions of such section, as amended:  
     Provided further, That funds appropriated by this paragraph 
     in this title shall be made available for a contribution to a 
     multilateral vaccine development partnership to support 
     epidemic preparedness:  Provided further, That of the funds 
     appropriated by this paragraph in this title, not less than 
     $3,500,000,000 shall be made available for a United States 
     Contribution to The GAVI Alliance:  Provided further, That 
     funds appropriated by this paragraph in this title shall be 
     allocated and allotted within 60 days of 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.
       For an additional amount for ``Global Health Programs'', 
     $4,535,925,000, for necessary expenses to prevent, prepare 
     for, and respond to coronavirus:  Provided, That such funds 
     shall be administered by the United States Global AIDS 
     Coordinator:  Provided further, That not less than 
     $3,500,000,000 shall be made available as a United States 
     contribution to the Global Fund to Fight AIDS, Tuberculosis 
     and Malaria (Global Fund):  Provided further, That funds made 
     available to the Global Fund pursuant to the previous proviso 
     shall be made available notwithstanding section 
     202(d)(4)(A)(i) of the United States Leadership Against HIV/
     AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 
     7622(d)(4)(A)(i)):  Provided further, That funds appropriated 
     under this heading for fiscal years 2020 and 2021 which are 
     designated as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and made available as a United 
     States contribution to the Global Fund shall not be 
     considered a contribution for the purpose of applying section 
     202(d)(4)(A)(i):  Provided further, That funds appropriated 
     by this paragraph in this title shall be allocated and 
     allotted within 60 days of 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.

                         development assistance

       For an additional amount for ``Development Assistance'', 
     $250,000,000, for necessary expenses to prevent, prepare for, 
     and respond to coronavirus, including to address related 
     economic, and stabilization requirements, of which not less 
     than $150,000,000 shall be made available to maintain access 
     to basic education and not less than $45,000,000 shall be to 
     maintain access to not-for-profit institutions of higher 
     education for costs related to the consequences of 
     coronavirus:  Provided, That such institutions of higher 
     education shall meet standards equivalent to those required 
     for United States institutional accreditation by a regional 
     accreditation agency recognized by the United States 
     Department of Education:  Provided further, That funds made 
     available under this heading in this title shall be allocated 
     and allotted within 60 days of 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.

                          Independent Agencies

                       inter-american foundation

       For an additional amount for ``Inter-American Foundation'', 
     $15,000,000, for necessary expenses to prevent, prepare for, 
     and respond to coronavirus, including to address related 
     economic and stabilization requirements:  Provided, That 
     funds made available under this heading in this title shall 
     be allocated and allotted within 60 days of the 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.

              united states african development foundation

       For an additional amount for ``United States African 
     Development Foundation'', $15,000,000, for necessary expenses 
     to prevent, prepare for, and respond to coronavirus, 
     including to address related economic and stabilization 
     requirements:  Provided, That funds made available under this 
     heading in this title shall be allocated and allotted within 
     60 days of the 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.

[[Page H5234]]

  


                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

       For an additional amount for ``International Organizations 
     and Programs'', $935,250,000, to remain available until 
     September 30, 2022, for necessary expenses to prevent, 
     prepare for, and respond to coronavirus and to support the 
     United Nations Global Humanitarian Response Plan COVID-19, of 
     which not less than $750,000,000 shall be for the World Food 
     Programme, and not less than $185,250,000 shall be for the 
     United Nations Children's Fund:  Provided, That funds made 
     available under this heading in this title shall be allocated 
     and allotted within 60 days of 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.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfer of funds)

       Sec. 1101.  The authorities and limitations of section 402 
     of the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act (division A of Public Law 116-123) shall 
     apply to funds appropriated by this title as follows:
       (1) Subsections (a), (d), (e), and (f) shall apply to funds 
     under the heading ``Diplomatic Programs''; and
       (2) Subsections (c), (d), (e), and (f) shall apply to funds 
     under the heading ``Global Health Programs'', and 
     ``Development Assistance''.
       Sec. 1102.  Funds appropriated by this title under the 
     headings ``Diplomatic Programs'', ``Operating Expenses'', 
     ``Global Health Programs'', and ``Development Assistance'' 
     may be used to reimburse such accounts administered by the 
     Department of State and the United States Agency for 
     International Development, for obligations incurred to 
     prevent, prepare for, and respond to coronavirus prior to the 
     date of enactment of this Act.
       Sec. 1103.  The reporting requirements of section 406(b) of 
     the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (division A of Public Law 116-123) 
     shall apply to funds appropriated by this title.
       Sec. 1104.  Section 404 of the Coronavirus Preparedness and 
     Response Supplemental Appropriations Act (division A of 
     Public Law 116-123) shall apply to funds appropriated by this 
     title under the same headings as specified by such section.
       Sec. 1105.  Notwithstanding the limitations in sections 
     609(i) and 609(j) of the Millennium Challenge Act of 2003 
     (2211 U.S.C. 7708(j), 7715), the Millennium Challenge 
     Corporation may, subject to the availability of funds, extend 
     any compact in effect as of January 29, 2020, for up to one 
     additional year, to account for delays related to 
     coronavirus:  Provided, That the Corporation shall notify the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and Foreign 
     Affairs of the House of Representatives prior to providing 
     any such extension.
       Sec. 1106.  The Secretary of State and the heads of other 
     Federal agencies may rely upon the authority of section 5924 
     of title 5, United States Code, without regard to the foreign 
     area limitations referenced therein, to make payments for 
     education allowances to employees who are in the United 
     States on ordered or authorized departure, or for whom travel 
     to a post in a foreign area has been delayed, to prevent, 
     prepare for, or respond to coronavirus:  Provided, That the 
     authority under this section shall expire on December 31, 
     2024.
       Sec. 1107.  The Secretary of State and the heads of other 
     Federal agencies whose employees are authorized to receive 
     payments of monetary amounts and other allowances under 
     section 5523 of title 5, United States Code, may rely upon 
     the authority of that section, without regard to the time 
     limitations referenced therein, to continue such payments in 
     connection with authorized or ordered departures from foreign 
     areas, to prevent, prepare for, and respond to coronavirus:  
     Provided, That the authority under this section shall be 
     available to continue such payments for the period beginning 
     on July 21, 2020, through September 30, 2022, when such 
     authority shall expire.

                               TITLE XII

  TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $20,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, including necessary 
     expenses for operating costs and capital outlays:  Provided, 
     That such amounts are in addition to any other amounts made 
     available for this purpose:  Provided further, That 
     obligations of amounts under this heading in this Act shall 
     not be subject to the limitation on obligations under the 
     heading ``Office of the Secretary--Working Capital Fund'' in 
     division H of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94):  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                         essential air service

       In addition to funds provided to the ``Payments to Air 
     Carriers'' program in Public Law 116-94 to carry out the 
     essential air service program under section 41731 through 
     41742 of title 49, United States Code, $75,000,000, to be 
     derived from the general fund of the Treasury, and to be made 
     available to the Essential Air Service and Rural Improvement 
     Fund, to prevent, prepare for, and respond to coronavirus:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Federal Aviation Administration

                               operations

       For an additional amount for ``Operations'', $50,000,000, 
     to be derived from the general fund, for necessary expenses 
     to provide Federal Aviation Administration (FAA) employees 
     with masks or protective face coverings, gloves, and 
     sanitizer and wipes with sufficient alcohol content and to 
     ensure FAA facilities are cleaned, disinfected, and sanitized 
     in accordance with Centers for Disease Control and Prevention 
     guidance:  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.

                       grants-in-aid for airports

       For an additional amount for ``Grants-In-Aid for 
     Airports'', $13,500,000,000, to prevent, prepare for, and 
     respond to coronavirus, to remain available until September 
     30, 2026:  Provided, That amounts made available under this 
     heading in this Act shall be derived from the general fund of 
     the Treasury:  Provided further, That funds provided under 
     this heading in this Act shall only be available to sponsors 
     of airports in categories defined in section 47102 of title 
     49, United States Code:  Provided further, That the 
     requirements of chapter 471 of such title, except for project 
     eligibility, shall apply to funds provided for any contract 
     awarded (after the date of enactment of this Act) for airport 
     development and funded under this heading:  Provided further, 
     That funds provided under this heading in this Act may not be 
     used for any purpose not directly related to the airport: 
     Provided further, That of the amounts appropriated under this 
     heading in this Act--
       (1) Not less than $500,000,000 shall be to pay the local 
     share of eligible costs for which a grant is made under this 
     heading under the Department of Transportation Appropriations 
     Act, 2021:  Provided, That any remaining funds after the 
     apportionment under this paragraph (1) shall be distributed 
     as described in paragraph (2) under this heading in this Act:
       (2) Not less than $12,500,000,000 shall be available for 
     any purpose for which airport revenues may lawfully be used:  
     Provided, That such funds shall be allocated among eligible 
     primary airports (as defined in section 47102(16) of title 49 
     United States Code) based on each airport's calendar year 
     2019 enplanements as a percentage of total 2019 enplanements 
     for all eligible primary service airports:  Provided further, 
     That sponsors provide relief equaling at least 25 percent of 
     the amount allocated to an airport under this paragraph to 
     on-airport car rental, on-airport parking, and in-terminal 
     airport concessions (as defined in part 23 of title 49, Code 
     of Federal Regulations) in the form of waiving rent, minimum 
     annual guarantees, lease obligations, fees, or penalties, or, 
     at the request of the owner of an in-terminal concession, to 
     provide for a buyout of such concession:  Provided further, 
     That the sponsor shall give the highest priority to an owner 
     who qualifies as an small businesses with maximum gross 
     receipts less than $56 million:  Provided further, That the 
     Federal share payable of the costs for which a grant is made 
     under this paragraph shall be 100 percent; and
       (3) Up to $200,000,000 shall be available for general 
     aviation airports and commercial service airports that are 
     not primary airports for any purpose for which airport 
     revenues may lawfully be used, and, which the Secretary shall 
     apportion directly to each eligible airport, as defined in 
     paragraphs (7), (8), and (16) of section 47102 of title 49, 
     United States Code, based on the categories published in the 
     most current National Plan of Integrated Airport Systems, 
     reflecting the percentage of the aggregate published eligible 
     development costs for each such category, and then dividing 
     the allocated funds evenly among the eligible airports in 
     each category, rounding up to the nearest thousand dollars:  
     Provided, That the Federal share payable of the costs for 
     which a grant is made under this paragraph shall be 100 
     percent:  Provided further, That any remaining funds after 
     the apportionment under this paragraph (3) shall be 
     distributed as described in paragraph (2) under this heading 
     in this Act:
       Provided further, That the matter preceding the first 
     proviso under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136) is amended by striking ``to 
     remain available until expended'' and inserting ``to remain 
     available until September 30, 2025'':  Provided further, That 
     amounts made available under this heading in title XII of 
     division B of the CARES Act (Public Law 116-136) shall not be 
     subject to the limitation on obligations in any act making 
     appropriations:  Provided further, That any funds under the 
     previous proviso designated as airport grants that are 
     unobligated, recovered by or returned to the Federal Aviation 
     Administration (FAA) within 5 years from the date of 
     enactment of the CARES Act (Public Law 116-36) shall be 
     pooled and redistributed as described in paragraph (2) under 
     this heading in this Act:  Provided further, That the FAA may 
     redistribute funds under the previous proviso on more than 
     one occasion:  Provided further, That any airport that had 
     been allocated more than four times annual operating expenses 
     under this heading in title XII of division B of the CARES 
     Act (Public Law 116-136) shall not be eligible for funds 
     allocated or redistributed under this Act:  Provided further, 
     That the Administrator of the FAA may retain up to 0.1 
     percent of the funds provided under this heading in this Act 
     to fund the award and oversight by the Administrator of 
     grants made under this heading in this Act:  Provided 
     further, That obligations of funds

[[Page H5235]]

     under this heading in this Act shall not be subject to any 
     limitations on obligations provided in any Act making 
     appropriations:  Provided further, That all airport sponsors 
     receiving funds under this heading in this Act shall continue 
     to employ, through September 30, 2021, at least 90 percent of 
     the number of individuals employed (after making adjustments 
     for retirements or voluntary employee separations) by each 
     airport as of March 27, 2020:  Provided further, That the 
     Secretary may waive the workforce retention requirement in 
     the previous proviso, if the Secretary determines the airport 
     is experiencing economic hardship as a direct result of the 
     requirement, or the requirement reduces aviation safety or 
     security:  Provided further, That the workforce retention 
     requirement shall not apply to nonhub airports or nonprimary 
     airports receiving funds under this heading in this Act:  
     Provided further, That amounts repurposed by the provisions 
     under this heading in this Act that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

       Of prior year unobligated contract authority and 
     liquidating cash provided for Motor Carrier Safety in the 
     Transportation Equity Act for the 21st Century (Public Law 
     105-178), SAFETEA-LU (Public Law 109-59), or other 
     appropriations or authorization acts, in addition to amounts 
     already appropriated in fiscal year 2020 for ``Motor Carrier 
     Safety Operations and Programs'', $238,500 in additional 
     obligation limitation is provided and repurposed for 
     obligations incurred to support activities to prevent, 
     prepare for, and respond to coronavirus:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    Federal Railroad Administration

     northeast corridor grants to the national railroad passenger 
                              corporation

                     (including transfer of funds)

       For an additional amount for ``Northeast Corridor Grants to 
     the National Railroad Passenger Corporation'', 
     $1,392,085,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, including 
     to enable the Secretary of Transportation to make or amend 
     existing grants to the National Railroad Passenger 
     Corporation for activities associated with the Northeast 
     Corridor, as authorized by section 11101(a) of the Fixing 
     America's Surface Transportation Act (division A of Public 
     Law 114-94):  Provided, That not less than $219,610,000 of 
     the amounts made available under this heading in this Act and 
     the ``National Network Grants to the National Railroad 
     Passenger Corporation'' heading in this Act shall be made 
     available for use by the National Railroad Passenger 
     Corporation in lieu of capital payments from States and 
     commuter rail passenger transportation providers subject to 
     the cost allocation policy developed pursuant to section 
     24905(c) of title 49, United States Code:  Provided further, 
     That, notwithstanding sections 24319(g) and 24905(c)(1)(A)(i) 
     of title 49, United States Code, such use of funds does not 
     constitute cross-subsidization of commuter rail passenger 
     transportation:  Provided further, That not more than 
     $91,800,000 of the amounts made available under this heading 
     in this Act shall be made available for use by the National 
     Railroad Passenger Corporation to repay or prepay debt 
     incurred by the National Railroad Passenger Corporation under 
     financing arrangements entered into prior to the enactment of 
     this Act and to pay required reserves, costs, and fees 
     related to such debt, including for loans from the Department 
     of Transportation and loans that would otherwise have been 
     paid from National Railroad Passenger Corporation revenues:  
     Provided further, That the Secretary may retain up to 
     $4,890,000 of the amounts made available under both this 
     heading in this Act and the ``National Network Grants to the 
     National Railroad Passenger Corporation'' heading in this Act 
     to fund the costs of project management and oversight of 
     activities authorized by section 11101(c) of the Fixing 
     America's Surface Transportation Act (division A of Public 
     Law 114-94):  Provided further, That $1,000,000 of the 
     amounts made available under both this heading in this Act 
     and the ``National Network Grants to the National Railroad 
     Passenger Corporation'' heading in this Act shall be 
     transferred to ``National Railroad Passenger Corporation--
     Office of Inspector General--Salaries and Expenses'' for 
     conducting audits and investigations of projects and 
     activities carried out with amounts made available in this 
     Act and in title XII of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) under 
     the headings ``Northeast Corridor Grants to the National 
     Railroad Passenger Corporation'' and ``National Network 
     Grants to the National Railroad Passenger Corporation'':  
     Provided further, That amounts made available under this 
     heading in this Act may be transferred to and merged with 
     ``National Network Grants to the National Railroad Passenger 
     Corporation'' to prevent, prepare for, and respond to 
     coronavirus:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

 national network grants to the national railroad passenger corporation

                     (including transfer of funds)

       For an additional amount for ``National Network Grants to 
     the National Railroad Passenger Corporation'', 
     $1,007,915,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, including 
     to enable the Secretary of Transportation to make or amend 
     existing grants to the National Railroad Passenger 
     Corporation for activities associated with the National 
     Network as authorized by section 11101(b) of the Fixing 
     America's Surface Transportation Act (division A of Public 
     Law 114-94):  Provided, That not less than $349,700,000 of 
     the amounts made available under this heading in this Act 
     shall be made available for use by the National Railroad 
     Passenger Corporation to be apportioned toward State payments 
     required by the cost methodology policy adopted pursuant to 
     section 209 of the Passenger Rail Investment and Improvement 
     Act of 2008 (Public Law 110-432):  Provided further, That a 
     State-supported route's share of such funding under the 
     preceding proviso shall consist of (1) 7 percent of the costs 
     allocated to the route in fiscal year 2019 under the cost 
     methodology policy adopted pursuant to section 209 of the 
     Passenger Rail Investment and Improvement Act of 2008 (Public 
     Law 110-432), and (2) any remaining amounts under the 
     preceding proviso shall be apportioned to a route in 
     proportion to its passenger revenue and other revenue 
     allocated to a State-supported route in fiscal year 2019 
     divided by the total passenger revenue and other revenue 
     allocated to all State-supported routes in fiscal year 2019:  
     Provided further, That State-supported routes which 
     terminated service on or before February 1, 2020, shall not 
     be included in the cost and revenue calculations made 
     pursuant to the preceding proviso:  Provided further, That 
     amounts made available under this heading in this Act may be 
     transferred to and merged with ``Northeast Corridor Grants to 
     the National Railroad Passenger Corporation'' to prevent, 
     prepare for, and respond to coronavirus:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     Federal Transit Administration

                     transit infrastructure grants

       For an additional amount for ``Transit Infrastructure 
     Grants'', $32,000,000,000, to remain available until 
     expended, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That of the amounts appropriated 
     under this heading in this Act--
       (1) $18,500,000,000 shall be for grants to recipients 
     eligible under chapter 53 of title 49, United States Code, 
     and administered as if such funds were provided under section 
     5307 of title 49, United States Code (apportioned in 
     accordance with section 5336 of such title (other than 
     subsections (h)(1) and (h)(4))), and section 5337 of title 
     49, United States Code (apportioned in accordance with such 
     section), except that funds apportioned under section 5337 
     shall be added to funds apportioned under 5307 for 
     administration under 5307:  Provided, That the Secretary 
     shall allocate the amounts provided in the preceding proviso 
     under sections 5307 and 5337 of title 49, United States Code, 
     in the same ratio as funds were provided under Public Law 
     116-94 and shall allocate such amounts not later than 14 days 
     after enactment of this Act:  Provided further, That the 
     amounts allocated to any urbanized area from amounts made 
     available under this heading in this Act when combined with 
     the amounts allocated to each such urbanized area from funds 
     appropriated under this heading in title XIII of division B 
     of the CARES Act (Public Law 116-136) may not exceed more 
     than 100 percent of any recipient's 2018 operating costs 
     based on data contained in the National Transit Database:  
     Provided further, That for any urbanized area for which the 
     calculation in the previous proviso exceeds 100 percent of 
     the urbanized area's 2018 operating costs, the Secretary 
     shall distribute funds in excess of such percent to urbanized 
     areas for which the calculation in the previous proviso does 
     not exceed 100 percent in the same proportion as amounts 
     allocated under the first proviso of this paragraph;
       (2) $2,500,000,000 shall be for grants under section 5309 
     of title 49, United States Code:  Provided, That of the 
     amounts provided under this paragraph--
       (A) $1,950,000,000 shall be for grants to recipients that 
     received an allocation under section 5309 of title 49, United 
     States Code, for fiscal year 2019 or fiscal year 2020 as of 
     the date of enactment of this Act:  Provided, That the 
     Secretary shall calculate each recipient's non-Capital 
     Investment Grant financial commitment for fiscal years 2019 
     and 2020 as a percentage of the non-Capital Investment Grant 
     financial commitments of all projects for such fiscal years 
     and shall proportionally allocate such funds within 14 days 
     of enactment of this Act:  Provided further, That any 
     recipient with a project open for revenue service for which 
     they received a construction grant agreement are not eligible 
     for funds provided under this paragraph; and
       (B) $400,000,000 shall be for grants to recipients that 
     receive an allocation of fiscal year 2019 or fiscal year 2020 
     funds after the date of enactment of this Act under section 
     5309 of title 49, United States Code:  Provided, That such 
     grants shall be allocated to such recipients in proportion to 
     the allocation of fiscal year 2019 or fiscal 2020 funds 
     provided to all projects allocated funding after the date of 
     enactment of this Act; and
       (C) no more than $150,000,000 for any recipient of a grant 
     under section 5309(h) of title 49, United States Code, that 
     may need additional

[[Page H5236]]

     assistance in completing a project that has received a grant 
     agreement and shall issue a Notice of Funding Opportunity for 
     amounts made available for projects eligible under section 
     5309(h) of title 49, United States Code, not later than 120 
     days after the date of enactment of this Act:
       Provided further, That if amounts remain available after 
     distributing funds under this paragraph, such amounts shall 
     be added to the amounts made available under paragraph (5) 
     under this heading:  Provided further, That amounts made 
     available under this paragraph shall not be included in any 
     calculation of the maximum amount of Federal financial 
     assistance for the project under section 5309(k)(2)(C)(ii) or 
     5309(h)(7) of title 49, United States Code nor should they be 
     subject to provisions in sections 5309(a)(7)(A) or 
     5309(l)(1)(B)(ii) of such title;
       (3) $250,000,000 shall be for grants to recipients or 
     subrecipients eligible under section 5310 of title 49, United 
     States Code, and the Secretary of Transportation shall 
     apportion such funds in accordance with such section:  
     Provided, That the Secretary shall allocate such funds in the 
     same ratio as funds were provided in Public Law 116-94 and 
     shall allocate such funds not later than 14 days after the 
     date of enactment of this Act;
       (4) $750,000,000 shall be for grants to recipients or 
     subrecipients eligible under section 5311 of title 49, United 
     States Code (other than subsection (b)(3) and (c)(1)(A)), and 
     the Secretary of Transportation shall apportion such funds in 
     accordance with such section:  Provided, That the Secretary 
     shall allocate these amounts in the same ratio as funds were 
     provided in Public Law 116-94 and shall allocate funds within 
     14 days of enactment of this Act; and
       (5) $10,000,000,000 shall be for grants to eligible 
     recipients or subrecipients of funds under chapter 53 of 
     title 49, United States Code, that, as a result of 
     coronavirus, require additional assistance to maintain 
     operations:  Provided, That such funds shall be administered 
     as if they were provided under section 5324 of title 49, 
     United States Code:  Provided further, That any recipient or 
     subrecipient of funds under chapter 53 of title 49, United 
     States Code, or an intercity bus service provider that has, 
     since October 1, 2018, partnered with a recipient or 
     subrecipient in order to meet the requirements of section 
     5311(f) of such title shall be eligible to directly apply for 
     funds under this paragraph:  Provided further, That entities 
     that have partnered with a recipient or subrecipient in order 
     to meet the requirements of section 5311(f) of such title 
     shall be eligible to receive not more than 7.5 percent of the 
     total funds provided under this paragraph and shall use 
     assistance provided under this paragraph only for workforce 
     retention or the recall or rehire of any laid off, 
     furloughed, or terminated employee associated with the 
     provision of intercity bus service including, but not limited 
     to, service eligible for funding under section 5311(f) of 
     title 49, United States Code:  Provided further, That when 
     evaluating applications of intercity bus service assistance, 
     the Secretary shall give priority to preserving national and 
     regional intercity bus networks and the rural services that 
     make meaningful connections to those networks:  Provided 
     further, That the Secretary shall issue a Notice of Funding 
     Opportunity not later than 120 days after the date of 
     enactment of this Act that requires applications to be 
     submitted not later than 180 days after the date of enactment 
     of this Act:  Provided further, That the Secretary shall make 
     awards not later than 60 days after the application deadline: 
      Provided further, That the Secretary shall require grantees 
     to provide estimates of financial need, data on reduced 
     ridership, and a spending plan for funds:  Provided further, 
     That when evaluating applications for assistance to transit 
     agencies, the Secretary shall give priority to agencies in 
     urbanized areas that received less than 100 percent of their 
     2018 operating expenses from the funds appropriated in 
     paragraph (1) combined with the funds appropriated under this 
     heading in title XII of division B of the CARES Act (Public 
     Law 116-136), and transit agencies with the largest revenue 
     loss as a percentage of the agency's 2018 operating expenses: 
      Provided further, That States may apply on behalf of a 
     recipient, a subrecipient, or a group of recipients or 
     subrecipients:  Provided further, That if applications for 
     assistance do not exceed available funds, the Secretary shall 
     reserve the remaining amounts for grantees to prevent, 
     prepare for, and respond to coronavirus and shall accept 
     applications on a rolling basis:  Provided further, That if 
     amounts made available under this paragraph remain 
     unobligated on December 31, 2021, such amounts shall be 
     available for any purpose eligible under section 5324 of 
     title 49, United States Code:
       Provided further, That the Secretary shall not waive the 
     requirements of section 5333 of title 49, United States Code, 
     for funds appropriated under this heading in this Act or for 
     funds previously made available under section 5307 of title 
     49, United States Code, or sections 5310, 5311, 5337, or 5340 
     of such title as a result of the coronavirus:  Provided 
     further, That the provision of funds under this heading in 
     this Act shall not affect the ability of any other agency of 
     the Government, including the Federal Emergency Management 
     Agency, a State agency, or a local governmental entity, 
     organization, or person, to provide any other funds otherwise 
     authorized by law:  Provided further, That notwithstanding 
     subsection (a)(1) or (b) of section 5307 of title 49, United 
     States Code, subsection (a)(1) of section 5324 of such title, 
     or any provision of chapter 53 of title 49, funds provided 
     under this heading in this Act are available for the 
     operating expenses of transit agencies related to the 
     response to a coronavirus public health emergency, including, 
     beginning on January 20, 2020, reimbursement for operating 
     costs to maintain service and lost revenue due to the 
     coronavirus public health emergency, including the purchase 
     of personal protective equipment, and paying the 
     administrative leave of operations or contractor personnel 
     due to reductions in service:  Provided further, That to the 
     maximum extent possible, funds made available under this 
     heading in this Act and in title XII of division B of the 
     CARES Act (Public Law 116-136) shall be directed to payroll 
     and public transit, unless the recipient certifies to the 
     Secretary that the recipient has not furloughed any 
     employees:  Provided further, That such operating expenses 
     are not required to be included in a transportation 
     improvement program, long-range transportation plan, 
     statewide transportation plan, or a statewide transportation 
     improvement program:  Provided further, That grants made 
     under this heading in this Act and in title XII of division B 
     of the CARES Act (Public Law 116-136) to recipients or 
     subrecipients may be used to make payments to contractors 
     providing transit operations service or maintenance of 
     rolling stock, right of way and/or stations at pre-COVID-19 
     service billing levels in such amounts as existed on February 
     3, 2020, even if such service was reduced due to the COVID-19 
     public health emergency:  Provided further, That the 
     preceding proviso may only apply if a contractor continuously 
     retains its full and part-time workforce at their previous 
     full or part-time status, and/or, where applicable, beginning 
     on the date that employees of the contractor are able to 
     return to work at their previous full or part-time status 
     that it laid off, furloughed or terminated as a result of the 
     COVID-19 public health emergency, or its effects, under the 
     terms of any applicable collective bargaining agreement:  
     Provided further, That private providers of public 
     transportation may be considered eligible sub-recipients of 
     funding provided under this heading:  Provided further, That 
     unless otherwise specified, applicable requirements under 
     chapter 53 of title 49, United States Code, shall apply to 
     funding made available under this heading in this Act, except 
     that the Federal share of the costs for which any grant is 
     made under this heading in this Act shall be, at the option 
     of the recipient, up to 100 percent:  Provided further, That 
     the amount made available under this heading in this Act 
     shall be derived from the general fund and shall not be 
     subject to any limitation on obligations for transit programs 
     set forth in any Act:  Provided further, That not more than 
     one-half of one percent of the funds for transit 
     infrastructure grants, but not to exceed $125,000,000, 
     provided under this heading in this Act shall be available 
     for administrative expenses and ongoing program management 
     oversight as authorized under sections 5334 and 5338(f)(2) of 
     title 49, United States Code, and shall be in addition to any 
     other appropriations for such purpose:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

             Saint Lawrence Seaway Development Corporation

                       operations and maintenance

                    (harbor maintenance trust fund)

       For necessary expenses to conduct the operations, 
     maintenance, and capital infrastructure activities of the 
     Seaway International Bridge, $1,500,000, to be derived from 
     the Harbor Maintenance Trust Fund pursuant to section 210 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2238), 
     to prevent, prepare for, and respond to coronavirus:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      Office of Inspector General

                         salaries and expenses

       For an additional amount for ``Office of Inspector 
     General'', $5,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus:  Provided, 
     That the funding made available under this heading in this 
     Act shall be used for conducting audits and investigations of 
     projects and activities carried out by the Department of 
     Transportation to prevent, prepare for, and respond to 
     coronavirus:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

       For an additional amount for ``Tenant-Based Rental 
     Assistance'', $4,000,000,000, to remain available until 
     expended, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136), except that any amounts 
     provided for administrative expenses and other expenses of 
     public housing agencies for their section 8 programs, 
     including Mainstream vouchers, under this heading in the 
     CARES Act (Public Law 116-136) and under this heading in this 
     Act shall also be available for Housing Assistance Payments 
     under section 8(o) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)):  Provided, That amounts made available 
     under this heading in this Act and under the same heading in 
     title XII of division B of the CARES Act may be used to cover 
     or reimburse allowable costs incurred to prevent, prepare 
     for, and respond to coronavirus regardless of the date on 
     which such costs were incurred:  Provided further, That of 
     the amounts made available under this heading in this Act, 
     $500,000,000 shall be available for administrative

[[Page H5237]]

     expenses and other expenses of public housing agencies for 
     their section 8 programs, including Mainstream vouchers:  
     Provided further, That of the amounts made available under 
     this heading in this Act, $2,500,000,000 shall be available 
     for adjustments in the calendar year 2020 or 2021 section 8 
     renewal funding allocations, including Mainstream vouchers, 
     for public housing agencies that experience a significant 
     increase in voucher per-unit costs due to extraordinary 
     circumstances or that, despite taking reasonable cost savings 
     measures, as determined by the Secretary, would otherwise be 
     required to terminate rental assistance for families as a 
     result of insufficient funding:  Provided further, That of 
     the amounts made available under this heading in this Act, 
     $1,000,000,000 shall be used for incremental rental voucher 
     assistance under section 8(o) of the United States Housing 
     Act of 1937 for use by individuals and families who are--
     homeless, as defined under section 103(a) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11302(a)); at risk 
     of homelessness, as defined under section 401(1) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); 
     or fleeing, or attempting to flee, domestic violence, dating 
     violence, sexual assault, or stalking:  Provided further, 
     That the Secretary shall allocate amounts made available in 
     the preceding proviso to public housing agencies not later 
     than 60 days after the date of enactment of this Act, 
     according to a formula that considers the ability of the 
     public housing agency to use vouchers promptly and the need 
     of geographical areas based on factors to be determined by 
     the Secretary, such as risk of transmission of coronavirus, 
     high numbers or rates of sheltered and unsheltered 
     homelessness, and economic and housing market conditions:  
     Provided further, That if a public housing authority elects 
     not to administer or does not promptly issue all of its 
     authorized vouchers within a reasonable period of time, the 
     Secretary shall reallocate any unissued vouchers and 
     associated funds to other public housing agencies according 
     to the criteria in the preceding proviso:  Provided further, 
     That a public housing agency shall not reissue any vouchers 
     under this heading in this Act for incremental rental voucher 
     assistance when assistance for the family initially assisted 
     is terminated:  Provided further, That upon termination of 
     incremental rental voucher assistance under this heading in 
     this Act for one or more families assisted by a public 
     housing agency, the Secretary shall reallocate amounts that 
     are no longer needed by such public housing agency for 
     assistance under this heading in this Act to another public 
     housing agency for the renewal of vouchers previously 
     authorized under this heading in this Act:  Provided further, 
     That amounts made available in this paragraph are in addition 
     to any other amounts made available for such purposes:  
     Provided further, That up to 0.5 percent of the amounts made 
     available under this heading in this Act may be transferred, 
     in aggregate, to ``Department of Housing and Urban 
     Development, Program Offices--Public and Indian Housing'' to 
     supplement existing resources for the necessary costs of 
     administering and overseeing the obligation and expenditure 
     of these amounts, to remain available until September 30, 
     2024:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                     public housing operating fund

                     (including transfer of funds)

       For an additional amount for ``Public Housing Operating 
     Fund'', as authorized by section 9(e) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g(e)), $2,000,000,000, to 
     be used under the same authority and conditions as the 
     additional appropriations for fiscal year 2020 under this 
     heading in title XII of division B of the CARES Act (Public 
     Law 116-136):  Provided, That amounts made available under 
     this heading in this Act and under the same heading in title 
     XII of division B of the CARES Act may be used to cover or 
     reimburse allowable costs incurred to prevent, prepare for, 
     and respond to coronavirus regardless of the date on which 
     such costs were incurred:  Provided further, That up to 0.5 
     percent of the amounts made available under this heading in 
     this Act may be transferred, in aggregate, to ``Department of 
     Housing and Urban Development, Program Offices--Public and 
     Indian Housing'' to supplement existing resources for the 
     necessary costs of administering and overseeing the 
     obligation and expenditure of these amounts, to remain 
     available until September 30, 2024:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                        native american programs

                     (including transfer of funds)

       For an additional amount for ``Native American Programs'', 
     $400,000,000, to remain available until September 30, 2024, 
     and to be used under the same authority and conditions as the 
     additional appropriations for fiscal year 2020 under this 
     heading in title XII of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136):  
     Provided, That the amounts made available under this heading 
     in this Act are as follows:
       (1) Up to $150,000,000 shall be available for the Native 
     American Housing Block Grants program, as authorized under 
     title I of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111 et seq.); and
       (2) Not less than $250,000,000 shall be available for 
     grants to Indian tribes under the Indian Community 
     Development Block Grant program under title I of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5306(a)(1)), 
     notwithstanding section 106(a)(1) of such Act, for 
     emergencies that constitute imminent threats to health and 
     safety:
       Provided further, That amounts made available under 
     paragraph (1) under this heading in title XII of division B 
     of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136) which are allocated to Indian tribes or 
     tribally designated housing entities, and which are not 
     accepted, are voluntarily returned, or otherwise recaptured 
     for any reason, may be used by the Secretary to make awards 
     under paragraph (2) under this heading in title XII of 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136), in addition to amounts 
     otherwise available for such purposes:  Provided further, 
     That up to one-half of 1 percent of the amounts made 
     available under this heading in this Act may be transferred, 
     in aggregate, to ``Department of Housing and Urban 
     Development, Program Offices--Public and Indian Housing'' for 
     necessary costs of administering and overseeing the 
     obligation and expenditure of such amounts and of amounts 
     made available under this heading in title XII of division B 
     of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136), to remain available until September 30, 
     2029, in addition to any other amounts made available for 
     such purposes:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                   Community Planning and Development

              housing opportunities for persons with aids

                     (including transfer of funds)

       For an additional amount for ``Housing Opportunities for 
     Persons with AIDS'', $65,000,000, to be used under the same 
     authority and conditions as the additional appropriations for 
     fiscal year 2020 under this heading in title XII of division 
     B of the CARES Act (Public Law 116-136):  Provided, That 
     amounts provided under this heading in this Act that are 
     allocated pursuant to section 854(c)(5) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12901 et seq.) shall remain 
     available until September 30, 2022:  Provided further, That 
     not less than $15,000,000 of the amount provided under this 
     heading in this Act shall be allocated pursuant to the 
     formula in section 854 of such Act using the same data 
     elements as utilized pursuant to that same formula in fiscal 
     year 2020:  Provided further, That up to 0.5 percent of the 
     amounts made available under this heading in this Act may be 
     transferred to ``Department of Housing and Urban 
     Development--Program Offices--Community Planning and 
     Development'' for necessary costs of administering and 
     overseeing the obligation and expenditure of amounts under 
     this heading in this Act, to remain available until September 
     30, 2030:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       community development fund

                     (including transfer of funds)

       For an additional amount for ``Community Development 
     Fund'', $5,000,000,000, to remain available until September 
     30, 2023, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136):  Provided, That such amount 
     made available under this heading in this Act shall be 
     distributed pursuant to section 106 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5306) to 
     grantees that received allocations pursuant to such formula 
     in fiscal year 2020, and that such allocations shall be made 
     within 30 days of enactment of this Act:  Provided further, 
     That in administering funds under this heading, an urban 
     county shall consider needs throughout the entire urban 
     county configuration to prevent, prepare for, and respond to 
     coronavirus:  Provided further, That up to $100,000,000 of 
     amounts made available under this heading in this Act may be 
     used to make new awards or increase prior awards to existing 
     technical assistance providers:  Provided further, That of 
     the amounts made available under this heading in this Act, up 
     to $25,000,000 may be transferred to ``Department of Housing 
     and Urban Development, Program Offices--Community Planning 
     and Development'' for necessary costs of administering and 
     overseeing the obligation and expenditure of amounts under 
     this heading in this Act, to remain available until September 
     30, 2028:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       homeless assistance grants

                     (including transfer of funds)

       For an additional amount for ``Homeless Assistance 
     Grants'', $5,000,000,000, to remain available until September 
     30, 2025, for the Emergency Solutions Grants program as 
     authorized under subtitle B of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11371 et seq.), as 
     amended, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136):  Provided, That 
     $3,000,000,000 of the amount made available under this 
     heading in this Act shall be distributed pursuant to 24 CFR 
     576.3 to grantees that received allocations pursuant to that 
     same formula in fiscal year 2020, and that such allocations 
     shall be made within 30 days of enactment of this Act:  
     Provided further, That, in addition to amounts allocated in 
     the preceding proviso, remaining amounts shall be allocated 
     directly to a State or unit of general local government by

[[Page H5238]]

     the formula specified in the third proviso under this heading 
     in title XII of division B of the CARES Act (Public Law 116-
     136):  Provided further, That not later than 90 days after 
     the date of enactment of this Act and every 60 days 
     thereafter, the Secretary shall allocate a minimum of an 
     additional $500,000,000, pursuant to the formula referred to 
     in the preceding proviso, based on the best available data:  
     Provided further, That up to 0.5 percent of the amounts made 
     available under this heading in this Act may be transferred 
     to ``Department of Housing and Urban Development--Program 
     Offices--Community Planning and Development'' for necessary 
     costs of administering and overseeing the obligation and 
     expenditure of amounts under this heading in this Act, to 
     remain available until September 30, 2030:  Provided further, 
     That funds made available under this heading in this Act and 
     under this heading in title XII of division B of the CARES 
     Act (Public Law 116-136) may be used for eligible activities 
     the Secretary determines to be critical in order to assist 
     survivors of domestic violence, sexual assault, dating 
     violence, and stalking or to assist homeless youth, age 24 
     and under:  Provided further, That a grantee, when 
     contracting with service providers engaged directly in the 
     provision of services to homeless persons served by the 
     program, shall, to the extent practicable, enter into 
     contracts in amounts that cover the actual total program 
     costs and administrative overhead to provide the services 
     contracted:  Provided further, That amounts repurposed by 
     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:  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.

                      emergency rental assistance

       For activities and assistance authorized in section 201 of 
     division O of this Act (the ``COVID-19 HERO ACT''), 
     $50,000,000,000, to remain available until expended:  
     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.

                            Housing Programs

                    project-based rental assistance

                     (including transfer of funds)

       For an additional amount for ``Project-Based Rental 
     Assistance'', $750,000,000, to remain available until 
     expended, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136):  Provided, That up to 0.5 
     percent of the amounts made available under this heading in 
     this Act may be transferred to ``Department of Housing and 
     Urban Development--Program Offices--Office of Housing'' for 
     necessary costs of administering and overseeing the 
     obligation and expenditure of amounts under this heading in 
     this Act, to remain available until September 30, 2030:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        housing for the elderly

                     (including transfer of funds)

       For an additional amount for ``Housing for the Elderly'', 
     $500,000,000, to remain available until September 30, 2023, 
     and to be used under the same authority and conditions as the 
     additional appropriations for fiscal year 2020 under this 
     heading in title XII of division B of the CARES Act (Public 
     Law 116-136):  Provided, That notwithstanding the first 
     proviso under this heading in the CARES Act, $300,000,000 of 
     the amount made available under this heading in this Act 
     shall be for one-time grants for service coordinators, as 
     authorized under section 676 of the Housing and Community 
     Development Act of 1992 (42 U.S.C. 13632), and the 
     continuation of existing congregate service grants for 
     residents of assisted housing projects:  Provided further, 
     That up to 0.5 percent of the amounts made available under 
     this heading in this Act may be transferred to ``Department 
     of Housing and Urban Development--Program Offices--Office of 
     Housing'' for necessary costs of administering and overseeing 
     the obligation and expenditure of amounts under this heading 
     in this Act, to remain available until September 30, 2030:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  housing for persons with disabilities

                     (including transfer of funds)

       For an additional amount for ``Housing for Persons with 
     Disabilities'', $45,000,000, to remain available until 
     September 30, 2023, and to be used under the same authority 
     and conditions as the additional appropriations for fiscal 
     year 2020 under this heading in title XII of division B of 
     the CARES Act (Public Law 116-136):  Provided, That up to 0.5 
     percent of the amounts made available under this heading in 
     this Act may be transferred to ``Department of Housing and 
     Urban Development--Program Offices--Office of Housing'' for 
     necessary costs of administering and overseeing the 
     obligation and expenditure of amounts under this heading in 
     this Act, to remain available until September 30, 2030:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                   Fair Housing and Equal Opportunity

                        fair housing activities

                     (including transfer of funds)

       For an additional amount for ``Fair Housing Activities'', 
     $14,000,000, to remain available until September 30, 2022, 
     and to be used under the same authority and conditions as the 
     additional appropriations for fiscal year 2020 under this 
     heading in title XII of division B of the CARES Act (Public 
     Law 116-136):  Provided, That of the funds made available 
     under this heading in this Act, $4,000,000 shall be for Fair 
     Housing Organization Initiative grants through the Fair 
     Housing Initiatives Program (FHIP), made available to 
     existing grantees, which may be used for fair housing 
     activities and for technology and equipment needs to deliver 
     services through use of the Internet or other electronic or 
     virtual means in response to the public health emergency 
     related to the Coronavirus Disease 2019 (COVID-19) pandemic:  
     Provided further, That of the funds made available under this 
     heading in this Act, $10,000,000 shall be for FHIP Education 
     and Outreach grants made available to previously-funded 
     national media grantees and State and local education and 
     outreach grantees, to educate the public and the housing 
     industry about fair housing rights and responsibilities 
     during the COVID-19 pandemic:  Provided further, That such 
     grants in the preceding proviso shall be divided evenly 
     between the national media campaign and education and 
     outreach activities:  Provided further, That up to 0.5 
     percent of the amounts made available under this heading in 
     this Act may be transferred to ``Department of Housing and 
     Urban Development--Program Offices--Fair Housing and Equal 
     Opportunity'' for necessary costs of administering and 
     overseeing the obligation and expenditure of amounts under 
     this heading in this Act, to remain available until September 
     30, 2030:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $5,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus:  Provided, 
     That the funding made available under this heading in this 
     Act shall be used for conducting audits and investigations of 
     projects and activities carried by the Department of Housing 
     and Urban Development to prevent, prepare for, and respond to 
     coronavirus:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                             RELATED AGENCY

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

       For an additional amount for ``Payment to the Neighborhood 
     Reinvestment Corporation'', $100,000,000, to remain available 
     until expended, to the Neighborhood Reinvestment Corporation 
     (``NRC'') for housing counseling for households threatened 
     with housing instability due to the economic circumstances 
     caused by the COVID-19 pandemic, under the following terms 
     and conditions:
       (1) The NRC shall make grants to counseling intermediaries 
     approved by the Department of Housing and Urban Development 
     (``HUD'') to provide housing counseling assistance to help 
     prevent and respond to the displacement of residents due to 
     eviction, default of mortgages, or foreclosure of mortgages 
     (``Housing Counseling Assistance''). State Housing Finance 
     Agencies may also be eligible to receive grants where they 
     meet all the requirements under this heading. NRC may target 
     grants may to HUD-approved counseling intermediaries and 
     State Housing Finance Agencies based on their ability to 
     serve the most vulnerable communities, based on an analysis 
     by the NRC of which areas are most impacted by the economic 
     circumstances caused by the COVID-19 pandemic.
       (2) Housing Counseling Assistance shall be made available 
     to consumers facing housing instability (``Housing Counseling 
     Clients''). Housing Counseling Clients will be provided such 
     assistance that shall consist of activities that are likely 
     to prevent evictions or foreclosures, and result in the long-
     term affordability of the housing unit retained pursuant to 
     such activity or another positive outcome for the Housing 
     Counseling Client. No funds made available under this heading 
     may be provided directly to lenders, to landlords, or to 
     Housing Counseling Clients to discharge outstanding rent or 
     mortgage balances or for any other direct debt reduction 
     payments.
       (3) Not less than 40 percent of grant funds made available 
     under this heading shall be provided to counseling 
     organizations that target Housing Counseling Assistance to 
     minority and low-income homeowners, renters, individuals 
     experiencing homelessness, and individuals at risk of 
     homelessness or provide such services in neighborhoods with 
     high concentrations of minority and low-income homeowners, 
     renters, individuals experiencing homelessness, and 
     individuals at risk of homelessness.
       (4) The delivery of Housing Counseling Assistance as 
     provided under this heading shall involve a reasonable 
     analysis of the Housing Counseling Client's financial 
     situation, resources available to the Housing Counseling 
     Client, and advice on applicable laws or rules regarding 
     eviction protections, mortgage forbearance, or foreclosure 
     protection.
       (5) NRC may provide up to 15 percent of the Housing 
     Counseling Assistance grant funds

[[Page H5239]]

     under this heading to its own charter members with expertise 
     in housing counseling, subject to a certification by the NRC 
     that the procedures for selection do not consist of any 
     procedures or activities that could be construed as an 
     unacceptable conflict of interest or have the appearance of 
     impropriety.
       (6) The HUD-approved counseling intermediaries and State 
     Housing Finance Agencies receiving funds under this heading 
     shall have demonstrated experience in housing counseling 
     (including foreclosure counseling, rental counseling, 
     homelessness, and/or financial counseling) and outreach. NRC 
     may use other criteria to demonstrate capacity, particularly 
     in underserved areas.
       (7) Of the total amount made available under this heading, 
     up to 4 percent of the amounts made available under this 
     heading in this Act may be made available to support non-
     grant costs associated with the Housing Counseling Assistance 
     grants program, including training, administrative costs, 
     grant compliance, and evaluation.
       (8) The NRC shall build the relevant capacities of HUD-
     approved counseling intermediaries and State Housing Finance 
     Agencies through a comprehensive training program of NRC 
     training courses, except that private financial institutions 
     that participate in NRC training shall pay market rates for 
     such training.
       (9) Housing Counseling Assistance grants may include a 
     budget for outreach, advertising, technology, reporting, 
     training, sub-grantee oversight, and other program-related 
     support as determined by the NRC.
       (10) The NRC shall report annually to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     as well as the Senate Banking Committee and House Financial 
     Services Committee on its efforts to mitigate housing 
     instability caused by the COVID-19 pandemic.
       Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1201.  The provision under the heading ``Office of the 
     Inspector General--Salaries and Expenses'' in title XII of 
     division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended by striking 
     ``with funds made available in this Act to'' and inserting 
     ``by'':  Provided, That the amounts repurposed in this 
     section that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 1202.  Amounts made available under the headings 
     ``Project-Based Rental Assistance'', ``Housing for the 
     Elderly'' and ``Housing for Persons With Disabilities'' in 
     title XII of division B of the CARES Act (Public Law 116-136) 
     and under such headings in this title of this Act may be 
     used, notwithstanding any other provision of law, to provide 
     additional funds to maintain operations for such housing, for 
     providing supportive services, and for taking other necessary 
     actions to prevent, prepare for, and respond to coronavirus, 
     including to actions to self-isolate, quarantine, or to 
     provide other coronavirus infection control services as 
     recommended by the Centers for Disease Control and 
     Prevention, including providing relocation services for 
     residents of such housing to provide lodging at hotels, 
     motels, or other locations:  Provided, That the amounts 
     repurposed pursuant to this section that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 1203.  Amounts made available in this Act under the 
     headings ``Northeast Corridor Grants to the National Railroad 
     Passenger Corporation'' and ``National Network Grants to the 
     National Railroad Passenger Corporation'' shall be used under 
     the same conditions as section 22002 of title XII of division 
     B of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136):  Provided, That the amounts made 
     available in this Act under such headings shall be used by 
     the National Railroad Passenger Corporation to prevent 
     employee furloughs as a result of efforts to prevent, prepare 
     for, and respond to coronavirus:  Provided further, That none 
     of the funds made available in this Act under such headings 
     may be used by the National Railroad Passenger Corporation to 
     reduce the frequency of rail service on any long-distance 
     route (as defined in section 24102 of title 49, United States 
     Code) below frequencies for such routes in fiscal year 2019, 
     except in an emergency or during maintenance or construction 
     outages impacting such routes:  Provided further, That the 
     coronavirus shall not qualify as an emergency in the 
     preceding proviso.
       Sec. 1204.  For fiscal year 2021, in addition to payments 
     made pursuant to 53106 of title 46, United States Code, the 
     Secretary of Transportation shall pay to the contractor for 
     an operating agreement entered into pursuant to chapter 531 
     of title 46, United States Code, for each vessel that is 
     covered by such operating agreement as of the date of 
     enactment of this Act, an amount equal to $500,000:  
     Provided, That payments authorized by this section shall be 
     paid not later than 60 days after the date of enactment of 
     this Act:  Provided further, That any unobligated balances 
     remaining from the amounts made available for payments under 
     the heading ``Maritime Administration--Maritime Security 
     Program'' in any prior Act may be used for such payments.
       Sec. 1205.  During the duration of the national emergency 
     declared by the President concerning the novel coronavirus 
     disease (COVID-19), the Secretary may extend the time period 
     referenced in 23 U.S.C. 120(e)(1) to account for delays in 
     access, construction, repair or other similar issues.

                               TITLE XIII

                   GENERAL PROVISIONS--THIS DIVISION

       Sec. 1301.  Not later than 30 days after the date of 
     enactment of this Act, the head of each executive agency that 
     receives funding in any division of this Act, or that 
     received funding in the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (division A of Public 
     Law 116-123), the Second Coronavirus Preparedness and 
     Response Supplemental Appropriations Act, 2020 (division A of 
     Public Law 116-127), the CARES Act (Public Law 116-136), or 
     the Paycheck Protection Program and Health Care Enhancement 
     Act (Public Law 116-139) shall provide a report detailing the 
     anticipated uses of all such funding to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided, That each report shall include estimated 
     personnel and administrative costs, as well as the total 
     amount of funding apportioned, allotted, obligated, and 
     expended, to date:  Provided further, That each such report 
     shall be updated and submitted to such Committees every 60 
     days until all funds are expended or expire:  Provided 
     further, That reports submitted pursuant to this section 
     shall satisfy the requirements of section 1701 of division A 
     of Public Law 116-127.
       Sec. 1302.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 1303.  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. 1304.  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 2021.
       Sec. 1305.  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. 1306. (a) Statutory PAYGO Emergency Designation.--The 
     amounts provided under division B and each succeeding 
     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)), and the budgetary effects shall not be 
     entered on either PAYGO scorecard maintained pursuant to 
     section 4(d) of such Act.
       (b) Senate PAYGO Emergency Designation.--In the Senate, 
     division B and each succeeding 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.
       (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)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of division B and each succeeding 
     division--
       (1) shall not be estimated for purposes of section 251 of 
     such Act;
       (2) shall not be estimated for purposes of paragraph (4)(C) 
     of section 3 of the Statutory Pay As-You-Go Act of 2010 as 
     being included in an appropriation Act; and
       (3) shall be treated as if they were contained in a PAYGO 
     Act, as defined by section 3(7) of the Statutory Pay-As-You-
     Go Act of 2010 (2 U.S.C. 932(7)).
       Sec. 1307. (a) Any contract or agreement entered into by an 
     agency with a State or local government or any other non-
     Federal entity for the purposes of providing covered 
     assistance, including any information and documents related 
     to the performance of and compliance with such contract or 
     agreement, shall be--
       (1) deemed an agency record for purposes of section 
     552(f)(2) of title 5, United States Code; and
       (2) subject to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'').
       (b) In this section--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code; and
       (2) the term ``covered assistance''--
       (A) means any assistance provided by an agency in 
     accordance with an Act or amendments made by an Act to 
     provide aid, assistance, or funding related to the outbreak 
     of COVID-19 that is enacted before, on, or after the date of 
     enactment of this Act; and
       (B) includes any such assistance made available by an 
     agency under--
       (i) any division of this Act;
       (ii) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139), or an amendment made by 
     that Act;
       (iii) the CARES Act (Public Law 116-136), or an amendment 
     made by that Act;
       (iv) the Families First Coronavirus Response Act (Public 
     Law 116-127), or an amendment made by that Act; or
       (v) the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020

[[Page H5240]]

     (Public Law 116-123), or an amendment made by that Act.
       Sec. 1308. (a) Notwithstanding any other provision of law 
     and in a manner consistent with other provisions in any 
     division of this Act, all laborers and mechanics employed by 
     contractors and subcontractors on projects funded directly by 
     or assisted in whole or in part by and through the Federal 
     Government pursuant to any division of this Act shall be paid 
     wages at rates not less than those prevailing on projects of 
     a character similar in the locality as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code. With respect to 
     the labor standards specified in this section, the Secretary 
     of Labor shall have the authority and functions set forth in 
     Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
     U.S.C. App.) and section 3145 of title 40, United States 
     Code.
       (b) The amounts provided by this section are designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
        This division may be cited as the ``Coronavirus Recovery 
     Supplemental Appropriations Act, 2021''.

   DIVISION B--PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF HIGHER 
      EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND STATE VOCATIONAL 
                        REHABILITATION AGENCIES

     SEC. 100. SHORT TITLE.

       This division may be cited as the ``Pandemic Education 
     Response Act''.

                  TITLE I--HIGHER EDUCATION PROVISIONS

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Award year.--The term ``award year'' has the meaning 
     given the term in section 481(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1088(a)).
       (2) Authorizing committees.--The term ``authorizing 
     committees'' has the meaning given the term in section 103 of 
     the Higher Education Act of 1965 (20 U.S.C. 1003).
       (3) FAFSA.--The term ``FAFSA'' means an application under 
     section 483 of the Higher Education Act of 1965 (20 U.S.C. 
     1090) for Federal student financial aid.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (5) Qualifying emergency.--The term ``qualifying 
     emergency'' has the meaning given the term in section 3502 of 
     the CARES Act (Public Law 116-136), as amended by this Act.
       (6) Qualifying emergency period.--The term ``qualifying 
     emergency period'' means the period--
       (A) beginning on the first day of a qualifying emergency; 
     and
       (B) ending on the later of the date on which the qualifying 
     emergency expires or June 30, 2021.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

                    Subtitle A--Cares Act Amendments

     SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS.

       (a) Application.--Section 3503 of the CARES Act is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``or for any other award year that 
     includes any portion of a qualifying emergency period,'' 
     after ``2020-2021,''; and
       (B) by inserting ``and a nonprofit organization providing 
     employment under section 443(b)(5) of such Act'' after 
     ``waive the requirement that a participating institution of 
     higher education''; and
       (2) in subsection (b), by striking ``during a period of a 
     qualifying emergency'' and inserting ``during any award year 
     that includes any portion of a qualifying emergency period''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR 
                   EMERGENCY AID.

       (a) Use and Treatment.--Section 3504 of the CARES Act 
     (Public Law 116-136) is amended--
       (1) in subsection (a), by inserting ``that includes any 
     portion of a qualifying emergency period'' after ``for a 
     fiscal year''; and
       (2) by striking subsection (c).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A QUALIFYING 
                   EMERGENCY.

       (a) Federal Work-study During a Qualifying Emergency.--
     Section 3505 of the CARES Act (Public Law 116-136) is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``In the event of a qualifying emergency'' 
     and inserting ``During a qualifying emergency period''; and
       (ii) by striking ``(not to'' and all that follows through 
     the semicolon and inserting ``in which affected students are 
     unable to fulfill the students' work-study obligation due to 
     such qualifying emergency, as follows:'';
       (B) in paragraph (1), by striking ``as a one time grant'' 
     and inserting ``as a one-time grant in each payment period 
     the student is awarded work-study''; and
       (C) in paragraph (2), by striking ``or was not completing 
     the work obligation necessary to receive work study funds 
     under such part prior to the occurrence of the qualifying 
     emergency''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``for the academic year during which a 
     qualifying emergency occurred;'' and inserting ``for an 
     academic year that includes any portion of a qualifying 
     emergency period; and''; and
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND OTHER 
                   PROFESSIONALS.

       (a) Amendment.--Section 3519 of the CARES Act (Public Law 
     116-136) is amended--
       (1) in the section heading, by inserting ``AND OTHER 
     PROFESSIONALS'' after ``TEACHERS''; and
       (2) by adding at the end the following:
       ``(c) Federal Perkins Loans.--Notwithstanding section 465 
     of the Higher Education Act of 1965 (20 U.S.C. 1087ee), the 
     Secretary shall waive the requirements of such section in 
     regard to full-time service and shall consider an incomplete 
     year of service of a borrower as fulfilling the requirement 
     for a complete year of service under such section, if the 
     service was interrupted due to a qualifying emergency.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN 
                   INSTITUTIONS.

       (a) In General.--Section 3510 of the CARES Act (20 U.S.C. 
     1001 note) is amended--
       (1) in subsection (a), by striking ``for the duration of 
     such emergency'' and all that follows through the period at 
     the end and inserting ``for purposes of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) until 
     the end of the covered period applicable to the 
     institution.'';
       (2) in subsection (b), by striking ``for the duration of 
     the qualifying emergency and the following payment period for 
     purposes of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.).'' and inserting ``until the end of the 
     covered period applicable to the institution.'';
       (3) in subsection (c), by striking ``for the duration of 
     the qualifying emergency and the following payment period,'' 
     and inserting ``until all covered periods for foreign 
     institutions carrying out a distance education program 
     authorized under this section have ended,'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``for the duration of a qualifying 
     emergency and the following payment period,'' and inserting 
     ``until the end of the covered period applicable to a foreign 
     institution,''; and
       (ii) by striking ``allow a foreign institution'' and 
     inserting ``allow the foreign institution'';
       (B) in each of subparagraphs (A) and (B) of paragraph (2), 
     by striking ``subsection (a)'' and inserting ``paragraph 
     (1)'';
       (C) in paragraph (3)(B), by striking ``30 days'' and 
     inserting ``10 days''; and
       (D) in paragraph (4)--
       (i) by striking ``for the duration of the qualifying 
     emergency and the following payment period,'' and inserting 
     ``until all covered periods for foreign institutions that 
     entered into written arrangements under paragraph (1) have 
     ended,''; and
       (ii) by striking ``identifies each foreign institution that 
     entered into a written arrangement under subsection (a).'' 
     and inserting the following: ``identifies, for each such 
     foreign institution--
       ``(A) the name of the foreign institution;
       ``(B) the name of the institution of higher education 
     located in the United States that has entered into a written 
     arrangement with such foreign institution; and
       ``(C) information regarding the nature of such written 
     arrangement, including which coursework or program 
     requirements are accomplished at each respective 
     institution.''; and
       (5) by adding at the end the following:
       ``(e) Definition of Covered Period.--
       ``(1) In general.--In this section, the term `covered 
     period', when used with respect to a foreign institution of 
     higher education, means the period--
       ``(A) beginning on the first day of--
       ``(i) a qualifying emergency; or
       ``(ii) a public health emergency, major disaster or 
     emergency, or national emergency declared by the applicable 
     government authorities in the country in which the foreign 
     institution is located; and
       ``(B) ending on the later of--
       ``(i) subject to paragraph (2), the last day of the payment 
     period, for purposes of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070 et seq.), following the end of any 
     qualifying emergency or any emergency or disaster described 
     in subparagraph (A)(ii) applicable to the foreign 
     institution; or
       ``(ii) June 30, 2022.
       ``(2) Special rule for certain payment periods.--For 
     purposes of subparagraph (B)(i), if the following payment 
     period for an award year ends before June 30 of such award 
     year, the covered period shall be extended until June 30 of 
     such award year.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 116. FUNDING FOR HBCU CAPITAL FINANCING; ENDOWMENT 
                   CHALLENGE GRANTS.

       (a) Funding for HBCU Capital Financing.--
       (1) Amendments.--Section 3512 of division A of the 
     Coronavirus Aid, Relief, and Economic Security Act (20 U.S.C. 
     1001 note) is amended--
       (A) in subsection (a)--

[[Page H5241]]

       (i) in paragraph (1), by striking ``may'' and inserting 
     ``shall''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``or interest'' and 
     inserting ``or interest, or any applicable fees or required 
     funds,''; and
       (II) in subparagraph (B)--

       (aa) by striking ``payments'' and inserting ``payments, and 
     any payments of applicable fees and required funds,''; and
       (bb) by striking the period and inserting ``; and''; and

       (III) by adding at the end the following:

       ``(C) the institution may pay, without penalty, any 
     periodic installment of principal or interest required under 
     the loan agreement for such loan.''; and
       (B) in subsection (d), by striking ``$62,000,000'' and 
     inserting ``such sums as may be necessary''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if enacted as part of the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136).
       (b) Endowment Challenge Grants.--For the duration of a 
     qualifying emergency (as defined in section 3502 of the 
     Coronavirus Aid, Relief, and Economic Security Act (20 U.S.C. 
     1001 note)), notwithstanding the provisions of subsections 
     (b)(3), (c)(3)(B), and (d) of section 331 of the Higher 
     Education Act of 1965 (20 U.S.C. 1065) applicable during the 
     grant period for an endowment challenge grant awarded to an 
     institution under such section 331 (20 U.S.C. 1065), the 
     institution may use the endowment fund corpus plus any 
     endowment fund income--
       (1) for any educational purpose; or
       (2) to defray any expenses necessary to the operation of 
     the institution, including expenses of operations and 
     maintenance, administration, academic and support personnel, 
     construction and renovation, community and student services 
     programs, and technical assistance.

     SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID.

       (a) In General.--Section 3517(a)(1)(D) of the CARES Act 
     (Public Law 116-136) is amended by striking ``(b), (c), and 
     (g)'' and inserting ``(b) and (c)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND ALLOWABLE 
                   USES.

       (a) Amendment to Include Minority Science and Engineering 
     Improvement Program.--Subsection (a) of section 3518 of the 
     CARES Act (Public Law 116-136) is amended--
       (1) by striking ``part A or B of title III,'' and inserting 
     ``part A, part B, or subpart 1 of part E of title III,''; and
       (2) by inserting ``1067 et seq.;'' after ``1060 et seq.;''.
       (b) Amendment to Matching Requirement Modifications.--
     Subsection (b) of section 3518 of the CARES Act (Public Law 
     116-136) is amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Notwithstanding'';
       (2) in paragraph (1), as so designated by this subsection--
       (A) by striking ``is authorized to'' and inserting 
     ``shall''; and
       (B) by striking ``share'' and inserting ``share, non-
     Federal share,''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Waiver of gear up matching requirement.--
       ``(A) In general.--Notwithstanding section 404C(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a-23(b)), the 
     Secretary shall waive, for the duration of the period 
     described in subparagraph (B), any requirement for an 
     eligible entity (as defined in section 404A(c) (20 U.S.C. 
     1070a-21(c))) to provide a percentage of the cost of the 
     program authorized under chapter 2 of subpart 2 of part A of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-21 et seq.) from State, local, institutional, or 
     private funds.
       ``(B) Description of period.--The period described in this 
     subparagraph is the period beginning on the first day of a 
     qualifying emergency and ending on September 30 of the fiscal 
     year following the end of the qualifying emergency.''.
       (c) Amendment to Clarify Scope of Authority.--Section 3518 
     of the CARES Act (Public Law 116-136) is further amended by 
     adding at the end the following new subsection:
       ``(d) Scope of Authority.--Notwithstanding subsection (a), 
     the Secretary may not modify the required or allowable uses 
     of funds for grants awarded under chapter I or II of subpart 
     2 of part A of title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070a-11 et seq.; 1070a-21 et seq.), in a manner 
     that deviates from the overall purpose of the grant program, 
     as provided in the general authorization, findings, or 
     purpose of the grant program under the applicable statutory 
     provision cited in such chapter.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

                    Subtitle B--Financial Aid Access

     SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED FROM NEED 
                   ANALYSIS.

       (a) Treatment of Emergency Financial Aid Grants for Need 
     Analysis.--Notwithstanding any provision of the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.), emergency 
     financial aid grants--
       (1) shall not be included as income or assets (including 
     untaxed income and benefits under section 480(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1807vv(b))) in the 
     computation of expected family contribution for any program 
     funded in whole or in part under the Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.); and
       (2) shall not be treated as estimated financial assistance 
     for the purposes of section 471 or section 480(j) of the 
     Higher Education Act of 1965 (20 U.S.C. 1087kk; 1087vv(j)).
       (b) Definition.--In this section, the term ``emergency 
     financial aid grant'' means--
       (1) an emergency financial aid grant awarded by an 
     institution of higher education under section 3504 of the 
     CARES Act (Public Law 116-136);
       (2) an emergency financial aid grant from an institution of 
     higher education made with funds made available under section 
     18004 of the CARES Act (Public Law 116-136); and
       (3) any other emergency financial aid grant to a student 
     from a Federal agency, a State, an Indian tribe, an 
     institution of higher education, or a scholarship-granting 
     organization (including a tribal organization, as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304)) for the purpose of providing 
     financial relief to students enrolled at institutions of 
     higher education in response to a qualifying emergency.

     SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR RECENTLY 
                   UNEMPLOYED STUDENTS.

       (a) Treatment as Dislocated Worker.--
       (1) In general.--Notwithstanding section 479(d)(1) of the 
     Higher Education Act of 1965 (20 U.S.C. 1087ss(d)(1)), any 
     individual who has applied for, or who is receiving, 
     unemployment benefits at the time of the submission of a 
     FAFSA for a covered award year shall be treated as a 
     dislocated worker for purposes of the need analysis under 
     part F of title IV such Act (20 U.S.C. 1087kk et seq.) 
     applicable to such award year.
       (2) Information to applicants and institutions.--The 
     Secretary--
       (A) for each covered award year, shall ensure that--
       (i) any question on the FAFSA used to determine whether an 
     applicant (or, as applicable, a spouse or parent of an 
     applicant) is a dislocated worker includes an express 
     reference to individuals who have been laid off;
       (ii) any help text associated with a question described in 
     clause (i) includes a description of an applicant's treatment 
     as a dislocated worker under paragraph (1); and
       (iii) the FAFSA includes a prominent notification, 
     appearing immediately before questions related to tax returns 
     or income that, if the applicant (or, as applicable, a spouse 
     or parent of an applicant) has lost significant income earned 
     from work due to a qualifying emergency, the applicant should 
     contact the financial aid administrator at the institution 
     where the applicant plans to enroll to provide current income 
     information;
       (B) in consultation with institutions of higher education, 
     shall carry out activities to inform applicants for Federal 
     student financial aid under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.)--
       (i) of the treatment of individuals who have applied for, 
     or who are receiving, unemployment benefits as dislocated 
     workers under paragraph (1);
       (ii) of the availability of means-tested Federal benefits 
     for which such applicants may be eligible; and
       (iii) of the ability of a financial aid administrator of an 
     institution of higher education to use professional judgment 
     as authorized under section 479A of the Higher Education Act 
     of 1965 (20 U.S.C. 1087tt) and in accordance with subsection 
     (b), to determine, where appropriate, that income earned from 
     work is zero and consider unemployment benefits to be zero, 
     if the applicant (or, as applicable, a spouse or parent of an 
     applicant) has applied for or is receiving unemployment 
     benefits;
       (C) shall carry out activities to inform institutions of 
     higher education of the authority of such institutions, with 
     explicit written consent of an applicant for Federal student 
     financial aid under the Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.), to provide information collected from 
     such applicant's FAFSA to an organization assisting the 
     applicant in applying for and receiving Federal, State, 
     local, or tribal assistance in accordance with section 312 of 
     the Department of Defense and Labor, Health and Human 
     Services, and Education Appropriations Act, 2019 and 
     Continuing Appropriations Act, 2019 (Public Law 115- 245); 
     and
       (D) in consultation with the Secretary of Labor, shall 
     carry out activities to inform applicants for, and recipients 
     of, unemployment benefits of the availability of Federal 
     student financial aid under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.) and the treatment of such applicants 
     and recipients as dislocated workers under paragraph (1).
       (3) Implementation.--The Secretary shall implement this 
     subsection not later than 30 days after the date of enactment 
     of this Act.
       (4) Applicability.--Paragraph (1) shall apply with respect 
     to a FAFSA submitted on or after the earlier of--
       (A) the date on which the Secretary implements this 
     subsection under paragraph (3); or
       (B) the date that is 30 days after the date of enactment of 
     this Act.
       (b) Professional Judgment of Financial Aid 
     Administrators.--For the purposes of making a professional 
     judgment as authorized under section 479A of the Higher 
     Education Act of 1965 (20 U.S.C. 1087tt), a financial aid 
     administrator may, during a covered award year--
       (1) determine that the income earned from work for a 
     student, or a parent or spouse of a student, as applicable, 
     is zero, if the student, parent, or spouse provides paper or 
     electronic documentation of receipt of unemployment benefits 
     or confirmation that an application for unemployment benefits 
     was submitted;

[[Page H5242]]

       (2) consider the value of unemployment benefits for such 
     student, parent, or spouse to be zero; and
       (3) make appropriate adjustments to the data items on the 
     FAFSA for a student, parent, or spouse, as applicable, based 
     on the totality of the family's situation.
       (c) Unemployment Documentation.--For the purposes of 
     documenting unemployment benefits or application for such 
     benefits under subsection (b), such documentation shall be 
     accepted if such documentation is submitted not more than 90 
     days from the date on which such documentation was issued, 
     unless a financial aid administrator knows that the student, 
     parent, or spouse, as applicable, has already obtained other 
     employment.
       (d) Adjustments to Program Review Model.--The Secretary 
     shall make adjustments to the model used to select 
     institutions of higher education participating in title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for 
     program reviews, in order to--
       (1) account for any rise in the use of professional 
     judgment as authorized under section 479A of such Act (20 
     U.S.C. 1087tt) during the 2020-2021 and 2021-2022 award 
     years; and
       (2) ensure that institutions are not penalized for an 
     increase in the use of professional judgment during such 
     award years.
       (e) Definitions.--In this section:
       (1) Covered award year.--The term ``covered award year'' 
     means--
       (A) an award year during which there is a qualifying 
     emergency; and
       (B) the first award year beginning after the end of such 
     qualifying emergency.
       (2) Means-tested federal benefit.--The term ``means-tested 
     Federal benefit'' includes the following:
       (A) The supplemental security income program under title 
     XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
       (B) The supplemental nutrition assistance program under the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (C) The free and reduced price school lunch program 
     established under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.).
       (D) The program of block grants for States for temporary 
     assistance for needy families established under part A of 
     title IV of the Social Security Act (42 U.S.C. 601 et seq.).
       (E) The special supplemental nutrition program for women, 
     infants, and children established by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786).
       (F) The Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       (G) The tax credits provided under the following sections 
     of the Internal Revenue Code of 1986 (title 26, United States 
     Code):
       (i) Section 25A (relating to American Opportunity and 
     Lifetime Learning credits).
       (ii) Section 32 (relating to earned income).
       (iii) Section 36B (relating to refundable credit for 
     coverage under a qualified health plan).
       (iv) Section 6428 (relating to 2020 recovery rebates for 
     individuals).
       (H) Federal housing assistance programs, including tenant-
     based assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)), and public housing, 
     as defined in section 3(b)(1) of such Act (42 U.S.C. 
     1437a(b)(1)).
       (I) Such other Federal means-tested benefits as may be 
     identified by the Secretary.

     SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION EMERGENCY 
                   RELIEF FUND AND OTHER HIGHER EDUCATION FUNDS.

       (a) In General.--With respect to student eligibility for 
     receipt of funds provided under section 18004 of the CARES 
     Act (Public Law 116-136) and under title VIII of division A 
     of this Act--
       (1) the Secretary is prohibited from imposing any 
     restriction on, or defining, the populations of students who 
     may receive such funds other than a restriction based solely 
     on the student's enrollment at the institution of higher 
     education; and
       (2) section 401(a) the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) 
     shall not apply.
       (b) Effective Date.--Subsection (a) shall take effect as if 
     included in the enactment of the CARES Act (Public Law 116-
     136), and an institution of higher education that provided 
     funds to a student before the date of enactment of this Act 
     shall not be penalized if such provision is consistent with 
     such subsection and section 18004 of the CARES Act (Public 
     Law 116-136).

     SEC. 124. DISTANCE EDUCATION.

       (a) Definition of Distance Education.--
       (1) In general.--Notwithstanding section 103(7) of the 
     Higher Education Act of 1965 (20 U.S.C. 1003(7)) and except 
     as otherwise specified in section 486 of the Higher Education 
     Act of 1965 (20 U.S.C. 1093), the term ``distance education'' 
     as used in title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.) shall have the meaning given that term 
     in section 600.2 of title 34, Code of Federal Regulations, as 
     amended by the final regulations entitled ``Distance 
     Education and Innovation'' published by the Department of 
     Education in the Federal Register on September 2, 2020 (85 
     Fed. Reg. 54809), or any succeeding regulations.
       (2) Information to accrediting agency.--Not later than 90 
     days after the date of enactment of this Act, each 
     institution of higher education that participates in a 
     program under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) and that provides one or more 
     educational programs through distance education shall submit 
     to the institution's accrediting agency or association, a 
     description of how the institution plans to meet the 
     requirements of this subsection.
       (3) Effective date.--This subsection shall take effect with 
     respect to any semester (or the equivalent) that begins on or 
     after December 1, 2020.
       (b) Approval for Expanded Distance Education.--
       (1) In general.--
       (A) In general.--Notwithstanding section 481(b)(3) of the 
     Higher Education Act of 1965 (20 U.S.C. 1088(b)(3)), an 
     institution of higher education described in subparagraph (B) 
     may deliver distance education by offering programs in whole 
     or in part through telecommunications and be eligible to 
     participate in a program under title IV if such institution 
     meets the requirements of paragraphs (2) through (4).
       (B) Institution of higher education.--An institution of 
     higher education described in this subparagraph is an 
     institution of higher education that uses or expands distance 
     education--
       (i) in accordance with the flexibilities and waivers 
     provided under the guidance of the Secretary on distance 
     education; and
       (ii) without following--

       (I) the standard approval process for distance education 
     (as in effect before March 5, 2020) of the Secretary; or
       (II) the evaluation process of institution's accrediting 
     agency or association described in paragraph (2)(A).

       (2) Commencement of evaluation process with the 
     institution's accrediting agency.--
       (A) In general.--Not later than December 31, 2020, each 
     institution described in paragraph (1)(B) shall demonstrate 
     to the Secretary that such institution has commenced the 
     evaluation process with its accrediting agency or association 
     for the purpose of evaluating distance education to determine 
     whether such institution has the capability to--
       (i) effectively deliver distance education programs; and
       (ii) meet the applicable policies and procedures of the 
     accrediting agency or association (as such policies and 
     procedures were in effect before March 5, 2020).
       (B) Accrediting agency or association.--In a case in which 
     an accrediting agency or association does not have distance 
     education in the scope of its recognition at the time an 
     institution commences the evaluation process described in 
     this paragraph, and such agency expands its scope of 
     accreditation to include distance education, not later than 
     30 days after such change in scope, such agency shall notify 
     the Secretary, in writing, of the change in scope to include 
     distance education, in accordance with section 
     496(a)(4)(B)(i)(II) of the Higher Education Act of 1965 (20 
     U.S.C. 1099b(a)(4)(B)(i)(II)).
       (3) Commencement of approval process with the secretary.--
     Not later than December 31, 2020, each institution described 
     in paragraph (1)(B) shall commence, with the Secretary, the 
     standard approval process for distance education of the 
     Secretary referred to in paragraph (1)(B)(ii)(I).
       (4) Completion of evaluation and approval process.--
       (A) In general.--Not later than July 1, 2021, an 
     institution of higher education described in paragraph (1)(B) 
     shall demonstrate to the Secretary that--
       (i) the institution has completed the evaluation process 
     and standard approval process for distance education under 
     paragraphs (2) and (3), respectively, for each of its 
     applicable programs; and
       (ii) each such program meets the applicable policies and 
     procedures to offer distance education that are required by 
     the Secretary and the institution's accrediting agency or 
     association under such paragraphs.
       (B) Loss of eligibility.--An institution of higher 
     education that does not meet the requirements of subparagraph 
     (A) shall cease offering distance education programs until 
     such time that such institution demonstrates to the Secretary 
     that the institution and each of its applicable programs meet 
     the requirements of subparagraph (A).
       (c) Requirements for Certain Covered Arrangements.--
       (1) Accreditor review for covered arrangements with foreign 
     institutions.--An institution of higher education with a 
     covered arrangement with a foreign institution shall 
     demonstrate to the Secretary that the institution has 
     commenced the evaluation process with the institution's 
     accrediting agency or association to determine, in a case in 
     which the accrediting agency or association has standards for 
     the provision of educational services to another institution, 
     whether such covered arrangement meets the standards.
       (2) Reporting to the secretary.--Beginning not later than 
     30 days after the date of enactment of this Act, the 
     Secretary shall require the following:
       (A) Institutions with covered arrangements with non-title-
     iv institutions or organizations.--An institution of higher 
     education with a covered arrangement with a non-title-IV 
     institution or organization shall report to the Secretary not 
     later than 10 days after the institution of higher education 
     establishes or modifies such covered arrangement--
       (i) the name of the institution or organization that is not 
     eligible to participate in a program under title IV;
       (ii) a summary of such arrangement, including the 
     percentages and components of the educational program to be 
     offered by the institution of higher education and such 
     institution or organization; and
       (iii) an attestation that the institution of higher 
     education and such institution or organization meet the 
     requirements of section 668.5(c) of title 34, Code of Federal 
     Regulations (as such section is in effect on the date of 
     enactment of this Act), including the specific determination

[[Page H5243]]

     from the institution of higher education's accrediting agency 
     or association that the institution's arrangement meets the 
     agency or association's standards for the contracting out of 
     educational services.
       (B) Institutions with covered arrangements with foreign 
     institutions.--An institution of higher education with a 
     covered arrangement with a foreign institution shall report 
     to the Secretary--
       (i) not later than 10 days after such institution 
     establishes such covered arrangement--

       (I) the name of the foreign institution; and
       (II) a summary of such arrangement, including the 
     percentages and components of the educational program to be 
     offered by the institution of higher education and the 
     foreign institution; and

       (ii) if applicable, not later than 10 days after the date 
     on which the institution's accrediting agency or association 
     provides its determination to the institution in accordance 
     with paragraph (1), the determination made by the 
     institution's accrediting agency or association.
       (3) Information made available to students.--
       (A) Institutions with covered arrangements with non-title-
     iv institutions or organizations.--An institution of higher 
     education with a covered arrangement with a non-title-IV 
     institution or organization shall provide directly to 
     enrolled and prospective students, and make available on a 
     publicly accessible website of the institution, a description 
     of each covered arrangement with a non-title-IV institution 
     or organization, including information on--
       (i) the portion of the educational program that the 
     institution of higher education is not providing;
       (ii) the name and location of the non-title-IV institution 
     or organization that is providing such portion of the 
     educational program;
       (iii) the method of delivery of such portion of the 
     educational program; and
       (iv) the estimated additional costs students may incur as 
     the result of enrolling in an educational program that is 
     provided under the covered arrangement.
       (B) Institutions with covered arrangements with foreign 
     institutions.--In the case of an institution of higher 
     education with a covered arrangement with a foreign 
     institution, the foreign institution in such arrangement 
     shall provide the information described in subparagraph (A) 
     regarding the covered arrangement in the same manner as 
     applies to an institution of higher education with a covered 
     arrangement with a non-title-IV institution or organization 
     subject to such subparagraph.
       (4) Enforcement.--The Secretary shall take such enforcement 
     actions under section 487(c) of the Higher Education Act of 
     1965 (20 U.S.C. 1094(c)) as necessary until such time as an 
     institution of higher education with a covered arrangement 
     subject to this subsection can demonstrate that the 
     institution meets--
       (A) the standards of the institution's accrediting agency 
     or association for the contracting out of educational 
     services; and
       (B) in the case of an institution with a covered 
     arrangement with a foreign institution, the standards, if 
     applicable, of the accrediting agency or association for the 
     provision of educational services to another institution.
       (d) Required Reports.--
       (1) Reports by accrediting agency or association.--
       (A) In general.--Not later than 15 business days after an 
     accrediting agency or association completes the review of an 
     institution of higher education subject to the requirements 
     of subsection (b) or (c), the accrediting agency or 
     association shall publish a report regarding the review.
       (B) Requirements.--The report under subparagraph (A) 
     shall--
       (i) be published on the website of the accrediting agency 
     or association; and
       (ii) include a summary of the conclusion and the relevant 
     findings that such agency or association provided such 
     institution of higher education in granting, as applicable--

       (I) the approval or denial for an institution of higher 
     education to deliver distance education under subsection (b); 
     or
       (II) the approval or denial of an institution of higher 
     education to enter into or modify a written arrangement in 
     accordance with subsection (c).

       (2) Reports by secretary.--By March 31, 2021, and quarterly 
     thereafter, the Secretary shall provide the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives, and publish on a publicly available website, 
     a report of the information collected under paragraph (1) and 
     subsection (c)(2).
       (e) Other Definitions.--In this section:
       (1) Accrediting agency or association.--The term 
     ``accrediting agency or association'' means--
       (A) an accrediting agency or association that is recognized 
     by the Secretary under subpart 2 of part H of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1099b); or
       (B) in the case of a public postsecondary vocational 
     institution whose eligibility for Federal student assistance 
     programs is being determined by a State agency listed under 
     section 487(c)(4) of the Higher Education Act of 1965 (20 
     U.S.C. 1094(c)(4)), such a State agency.
       (2) Covered arrangement with a foreign institution.--The 
     term ``covered arrangement with a foreign institution'' means 
     a written arrangement entered into between an institution of 
     higher education and a foreign institution, on or after March 
     13, 2020, to provide an educational program.
       (3) Covered arrangement with a non-title-iv institution or 
     organization.--The term ``covered arrangement with a non-
     title-IV institution or organization'' means a written 
     arrangement--
       (A) to provide an educational program that satisfies the 
     requirements of section 668.8 of title 34, Code of Federal 
     Regulations (as such section is in effect on the date of 
     enactment of this Act) between an institution of higher 
     education and an institution or organization that is not 
     eligible to participate in a program under title IV;
       (B) entered into, or modified, on or after March 13, 2020; 
     and
       (C) through which the institution or organization that is 
     not eligible to participate in a program under title IV will 
     provide more than 25 percent, but less than 50 percent of the 
     educational program subject to the arrangement.
       (4) Foreign institution.--The term ``foreign institution'' 
     means an institution located outside the United States that 
     is described in paragraphs (1)(C) and (2) of section 102(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
       (5) Guidance of the secretary on distance education.--The 
     term ``guidance of the Secretary on distance education'' 
     means the guidance of the Secretary entitled ``UPDATED 
     Guidance for interruptions of study related to Coronavirus 
     (COVID-19)'' dated June 16, 2020 (or prior or succeeding 
     guidance).
       (6) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002).
       (7) Program under title iv.--The term ``program under title 
     IV'' means the following programs under title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.):
       (A) The Federal Pell Grant program under section 401 of 
     such Act (20 U.S.C. 1070a).
       (B) The Federal Supplemental Educational Opportunity Grant 
     program under subpart 3 of part A of such title IV (20 U.S.C. 
     1070b).
       (C) The Federal work-study program under part C of such 
     title IV (20 U.S.C. 1087-51 et seq.).
       (D) The Federal Direct Loan program under part D of such 
     title IV (20 U.S.C. 1087a et seq.).

     SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND TEACH-OUT 
                   AGREEMENTS.

       (a) Requirements.--
       (1) In general.--Notwithstanding section 487(f)(2) of the 
     Higher Education Act of 1965 (20 U.S.C. 1094(f)(2)), in the 
     event an institution of higher education, during the period 
     described in subsection (d), is required to submit to its 
     accrediting agency or association a teach-out plan (in 
     accordance with section 487(f) and section 496(c)(3) of such 
     Act (20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a teach-
     out agreement among institutions (in accordance with section 
     496(c)(6) of such Act (20 U.S.C. 1099b(c)(6))), the following 
     shall apply to such plans and agreements:
       (A) The definitions and requirements described in this 
     subsection.
       (B) Any other applicable standards of the institution's 
     accrediting agency or association.
       (C) Any other provisions the Secretary of Education 
     determines are necessary to protect the interests of the 
     United States and to promote the purposes of this section.
       (2) Closing institution defined.--The term ``closing 
     institution'' means an institution of higher education--
       (A) that ceases to operate or plans to cease operations 
     before all enrolled students have completed their program of 
     study; or
       (B) that has an institutional location that--
       (i) provides 100 percent of at least 1 program offered by 
     the institution of higher education; and
       (ii) ceases to operate or plans to cease operations before 
     all enrolled students have completed their program of study.
       (3) Teach-out plans.--
       (A) Teach-out plan defined.--The term ``teach-out plan'' 
     means a written plan developed by a closing institution that 
     provides for the equitable treatment of students.
       (B) Contents of teach-out plans.--A teach-out plan shall 
     include a record-retention plan that includes--
       (i) a plan for the custody (including by any applicable 
     State authorizing agencies), and the disposition, of teach-
     out records that meets the requirements of paragraph 
     (5)(B)(iii);
       (ii) an assurance that in the event of the closure of the 
     institution or an institutional location of the institution, 
     such institution--

       (I) will meet the requirements of paragraph (5)(B)(iv); and
       (II) will refund students the amount of any unearned 
     tuition, account balances, and student fees, and refunds due; 
     and

       (iii) an estimate of the costs necessary to carry out such 
     record-retention plan.
       (4) Teach-out agreement defined.--The term ``teach-out 
     agreement'' means a written agreement between a closing 
     institution and one or more other institutions of higher 
     education (in this section referred to as a ``teach-out 
     institution)'' that--
       (A) provides for the equitable treatment of students and a 
     reasonable opportunity for students to complete their program 
     of study; and
       (B) meets the requirements in section 496(c)(6) of the 
     Higher Education Act of 1965 (20 U.S.C. 1099b(c)(6)).
       (5) Approval of teach-out agreements.--In approving a 
     teach-out agreement, the accrediting agency or association 
     shall determine a timeline for an interim teach-out agreement 
     and a final teach-out agreement that provides for the 
     equitable treatment of students and ensures--
       (A) that the teach-out institution--
       (i) to the extent practicable, is an institution of higher 
     education that meets the requirements of section 101 or 
     section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
     1001; 1002(c));
       (ii) has the necessary experience, resources, and support 
     services to provide an educational program that is of 
     acceptable quality and reasonably similar in content, 
     delivery modality,

[[Page H5244]]

     and scheduling to that provided by the closing institution 
     with which the teach-out institution has entered into the 
     teach-out agreement;
       (iii) has not been subject to a sanction of probation or 
     equivalent or show cause by its accrediting agency or 
     association or any applicable State authorizing or licensing 
     agency in the past 5 years; and
       (iv) shows no evidence of significant problems (including 
     financial stability or administrative capability) that affect 
     the institution's capacity to carry out its mission and meet 
     all obligations to enrolled students, which shall include a 
     showing that there is no evidence of the conditions described 
     in section 602.24(c)(8) of title 34, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     Act; and
       (B) that the closing institution--
       (i) provides the accrediting agency or association and the 
     Secretary a complete list of all students who are enrolled in 
     each program at the institution or who have withdrawn from 
     the institution within the last 180 days, including each 
     student's name, contact information, program of study, the 
     program requirements each student has completed, and the 
     estimated date of completion in the absence of the closure of 
     such institution or institutional location;
       (ii) provides to the accrediting agency or association and 
     the Secretary, for each program of study at the closing 
     institution, records of any agreements pertaining to the 
     acceptance of students, transfer of credits, articulation 
     agreements, or waiver of program requirements between the 
     closing institution and any other institutions of higher 
     education;
       (iii) provides a record-retention plan to all enrolled 
     students that delineates the final disposition of teach-out 
     records, digitally where practicable, including student 
     transcripts, billing, financial aid records, and the amount 
     of any unearned tuition, account balances, student fees, and 
     refunds due to each such student;
       (iv) releases all financial holds placed on student records 
     and, for the 3-year period beginning on the date of the 
     closure of such institution or institutional location, 
     provides each student (including each student who withdrew 
     from such institution during the 180-day period prior to the 
     date of such closure) with the student's official transcripts 
     and complete academic records at no cost to the student;
       (v) provides students with information, using standard 
     language developed by the Secretary under subsection (b), 
     regarding--

       (I) the benefits and consequences of choosing to--

       (aa) continue the student's studies by transferring to a 
     teach-out institution; and
       (bb) receive a closed school discharge under section 
     437(c)(1) and section 464(g)(1) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087(c)(1); 1087dd(g)(1)); and

       (II) if applicable, information on institutional and State 
     refund policies;

       (vi) provides students with information about additional 
     tuition and fee charges, if any, at the teach-out 
     institution; and
       (vii) provides students with accurate information on the 
     number and types of credits the teach-out institution is 
     willing to accept prior to the student's enrollment in that 
     institution or any other institution of higher education with 
     which the closing institution has an articulation agreement.
       (6) Submission of teach-out plans and teach-out 
     agreements.--
       (A) Submission of notice.--Not later than 10 days after 
     being required to submit a teach-out plan or teach-out 
     agreement to its accrediting agency or association, the 
     institution of higher education shall submit a notice of such 
     plan or agreement to the Secretary of Education and to any 
     applicable State authorizing agencies of such institution.
       (B) Submission of plan or agreement.--Not later than 5 days 
     after receiving approval from its accrediting agency or 
     association of a teach-out plan or teach-out agreement, as 
     applicable, the institution of higher education shall submit 
     the approved plan or agreement to the Secretary of Education 
     and to any applicable State authorizing agencies of such 
     institution.
       (b) Standard Language.--Not later than 60 days after the 
     date of the enactment of this section, the Secretary of 
     Education shall publish standard language relating to closed 
     school discharges for purposes of subsection (a)(5)(B)(v).
       (c) Prohibition on Misrepresentations.--
       (1) In general.--An institution of higher education is 
     prohibited from engaging in misrepresentation about the 
     nature of teach-out plans, teach-out agreements, and transfer 
     of credit.
       (2) Sanctions.-- Upon determination, after reasonable 
     notice and opportunity for a hearing, that an institution of 
     higher education is in violation of this subsection, the 
     Secretary of Education--
       (A) shall impose a civil penalty not to exceed $25,000 for 
     each misrepresentation; and
       (B) may impose an additional sanction described in section 
     497(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(c)(3)).
       (d) Covered Period.--The provisions of this section shall 
     be in effect during the period beginning on the date of 
     enactment of this Act and ending on the date on which on 
     which sections 487(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1094(f)) or paragraphs (3) and (6) of section 493(c) 
     of such Act (20 U.S.C. 1098b(c)) are amended or repealed.

                Subtitle C--Federal Student Loan Relief

         PART 1--TEMPORARY RELIEF FOR FEDERAL STUDENT BORROWERS

     SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STUDENT LOAN 
                   BORROWERS.

       Section 3502(a) of division A of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Federal student loan.--The term `Federal student 
     loan' means a loan--
       ``(A) made under part B, part D, or part E of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 
     1087a et seq., 1087aa et seq.), and held by the Department of 
     Education;
       ``(B) made, insured, or guaranteed under part B of such 
     title, or made under part E of such title, and not held by 
     the Department of Education; or
       ``(C) made under--
       ``(i) subpart II of part A of title VII of the Public 
     Health Service Act (42 U.S.C. 292q et seq.); or
       ``(ii) part E of title VIII of the Public Health Service 
     Act (42 U.S.C. 297a et seq.).''.

     SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF DUE TO THE 
                   CORONAVIRUS EMERGENCY.

       Section 3513 of division A of the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Suspension of Payments.--
       ``(1) In general.--During the period beginning on March 13, 
     2020, and ending on September 30, 2021, the Secretary or, as 
     applicable, the Secretary of Health and Human Services, shall 
     suspend all payments due on Federal student loans.
       ``(2) Transition period.--For one additional 30-day period 
     beginning on the day after the last day of the suspension 
     period described in subsection (a), the Secretary or, as 
     applicable, the Secretary of Health and Human Services, shall 
     ensure that any missed payments on a Federal student loan by 
     a borrower during such additional 30-day period--
       ``(A) do not result in collection fees or penalties 
     associated with late payments; and
       ``(B) are not reported to any consumer reporting agency or 
     otherwise impact the borrower's credit history.
       ``(3) Determination of compensation.--The Secretary or, as 
     applicable, the Secretary of Health and Human Services 
     shall--
       ``(A) with respect to a holder of a Federal student loan 
     defined in subparagraph (B) or (C) of section 3502(a)(2)--
       ``(i) determine any losses for such holder due to the 
     suspension of payments on such loan under paragraph (1); and
       ``(ii) establish reasonable compensation for such losses; 
     and
       ``(B) not later than 60 days after the date of enactment of 
     the Pandemic Education Response Act, with respect to a 
     borrower who made a payment on a Federal student loan defined 
     in subparagraph (B) or (C) of section 3502(a)(2) during the 
     period beginning on March 13, 2020, and ending on such date 
     of enactment, the Secretary shall pay to the borrower, an 
     amount equal to the lower of--
       ``(i) the amount paid by the borrower on such loan during 
     such period; or
       ``(ii) the amount that was due on such loan during such 
     period.
       ``(4) Recertification.--A borrower who is repaying a 
     Federal student loan pursuant to an income-contingent 
     repayment plan under section 455(d)(1)(D) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or an 
     income-based repayment plan under section 493C of such Act 
     (20 U.S.C. 1098e) shall not be required to recertify the 
     income or family size of the borrower under such plan prior 
     to December 31, 2021.'';
       (2) in subsection (c), by striking ``part D or B of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et 
     seq.; 1071 et seq.)'' and inserting ``part B, D, or E of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a 
     et seq.; 1071 et seq.; 1087aa et seq.)'';
       (3) in subsection (d), by striking ``During the period in 
     which the Secretary suspends payments on a loan under 
     subsection (a), the Secretary'' and inserting ``During the 
     period in which payments on a Federal student loan are 
     suspended under subsection (a), the Secretary or, as 
     applicable, the Secretary of Health and Human Services'';
       (4) in subsection (e), by striking ``During the period in 
     which the Secretary suspends payments on a loan under 
     subsection (a), the Secretary'' and inserting ``During the 
     period in which payments on a Federal student loan are 
     suspended under subsection (a), the Secretary or, as 
     applicable, the Secretary of Health and Human Services''; and
       (5) in subsection (f), by striking ``the Secretary'' and 
     inserting ``the Secretary or, as applicable, the Secretary of 
     Health and Human Services,''.''

     SEC. 133. NO INTEREST ACCRUAL.

       Section 3513(b) of division A of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended to read as follows:
       ``(b) Providing Interest Relief.--
       ``(1) No accrual of interest.--
       ``(A) In general.--During the period described in 
     subparagraph (D), interest on a Federal student loan shall 
     not accrue or shall be paid by the Secretary (or the 
     Secretary of Health and Human Services) during--
       ``(i) the repayment period of such loan;
       ``(ii) any period excluded from the repayment period of 
     such loan (including any period of deferment or forbearance);
       ``(iii) any period in which the borrower of such loan is in 
     a grace period; or
       ``(iv) any period in which the borrower of such loan is in 
     default on such loan.
       ``(B) Direct loans and department of education held ffel 
     and perkins loans.--For purposes of subparagraph (A), 
     interest shall not accrue on a Federal student loan defined 
     in section 3502(a)(2)(A).

[[Page H5245]]

       ``(C) FFEL and perkins loans not held by the department of 
     education and hhs loans.--For purposes of subparagraph (A)--
       ``(i) in the case of a Federal student loan defined in 
     section 3502(a)(2)(B), the Secretary shall pay, on a monthly 
     basis, the amount of interest due on the unpaid principal of 
     such loan to the holder of such loan, except that any 
     payments made under this clause shall not affect payment 
     calculations under section 438 of the Higher Education Act of 
     1965 (20 U.S.C. 1087-1); and
       ``(ii) in the case of a Federal student loan defined in 
     section 3502(a)(2)(C), the Secretary of Health and Human 
     Services shall pay, on a monthly basis, the amount of 
     interest due on the unpaid principal of such loan to the 
     holder of such loan.
       ``(D) Period described.--
       ``(i) In general.--The period described in this clause is 
     the period beginning on March 13, 2020, and ending on the 
     later of--

       ``(I) September 30, 2021; or
       ``(II) the day following the date of enactment of the 
     Pandemic Education Response Act that is 2 months after the 
     national U-5 measure of labor underutilization shows initial 
     signs of recovery.

       ``(ii) Definitions.--In this subparagraph:

       ``(I) National u-5 measure of labor underutilization.--The 
     term `national U-5 measure of labor underutilization' means 
     the seasonally-adjusted, monthly U-5 measure of labor 
     underutilization published by the Bureau of Labor Statistics.
       ``(II) Initial signs of recovery.--The term `initial signs 
     of recovery' means that the average national U-5 measure of 
     labor underutilization for months in the most recent 3-
     consecutive-month period for which data are available--

       ``(aa) is lower than the highest value of the average 
     national U-5 measure of labor underutilization for a 3-
     consecutive-month period during the period beginning in March 
     2020 and the most recent month for which data from the Bureau 
     of Labor Statistics are available by an amount that is equal 
     to or greater than one-third of the difference between--
       ``(AA) the highest value of the average national U-5 
     measure of labor underutilization for a 3-consecutive-month 
     period during such period; and
       ``(BB) the value of the average national U-5 measure of 
     labor underutilization for the 3-consecutive-month period 
     ending in February 2020; and
       ``(bb) has decreased for each month during the most recent 
     2 consecutive months for which data from the Bureau of Labor 
     Statistics are available.
       ``(E) Other definitions.--In this paragraph:
       ``(i) Default.--The term `default'--

       ``(I) in the case of a Federal student loan made, insured, 
     or guaranteed under part B or D of the Higher Education Act 
     of 1965, has the meaning given such term in section 435(l) of 
     the Higher Education Act of 1965 (20 U.S.C. 1085);
       ``(II) in the case of a Federal student loan made under 
     part E of the Higher Education Act of 1965, has the meaning 
     given such term in section 674.2 of title 34, Code of Federal 
     Regulations (or successor regulations); or
       ``(III) in the case of a Federal student loan defined in 
     section 3502(a)(2)(C), has the meaning given such term in 
     section 721 or 835 of the Public Health Service Act (42 
     U.S.C. 292q, 297a), as applicable.

       ``(ii) Grace period.--The term `grace period' means--

       ``(I) in the case of a Federal student loan made, insured, 
     or guaranteed under part B or D of the Higher Education Act 
     of 1965, the 6-month period after the date the student ceases 
     to carry at least one-half the normal full-time academic 
     workload, as described in section 428(b)(7) of the Higher 
     Education Act of 1965 (20 U.S.C. 1078(b)(7));
       ``(II) in the case of a Federal student loan made under 
     part E of the Higher Education Act of 1965, the 9-month 
     period after the date on which a student ceases to carry at 
     least one-half the normal full-time academic workload, as 
     described in section 464(c)(1)(A) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087dd(c)(1)(A)); and
       ``(III) in the case of a Federal student loan defined in 
     section 3502(a)(2)(C), the 1-year period described in section 
     722(c) of the Public Health Service Act (42 U.S.C. 292r(c)) 
     or the 9-month period described in section 836(b)(2) of such 
     Act (42 U.S.C. 297b(b)(2)), as applicable.

       ``(iii) Repayment period.--The term `repayment period' 
     means--

       ``(I) in the case of a Federal student loan made, insured, 
     or guaranteed under part B or D of the Higher Education Act 
     of 1965, the repayment period described in section 428(b)(7) 
     of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(7));
       ``(II) in the case of a Federal student loan made under 
     part E of the Higher Education Act of 1965, the repayment 
     period described in section 464(c)(4) of the Higher Education 
     Act of 1965 (20 U.S.C. 1087dd(c)(4)); or
       ``(III) in the case of a Federal student loan defined in 
     section 3502(a)(2)(C), the repayment period described in 
     section 722(c) or 836(b)(2) of the Public Health Service Act 
     (42 U.S.C. 292r(c), 297b(b)(2)), as applicable.

       ``(2) Interest refund in lieu of retroactive 
     applicability.--By not later than 60 days after the date of 
     enactment of the Pandemic Education Response Act, the 
     Secretary or, as applicable, the Secretary of Health and 
     Human Services, shall, for each Federal student loan defined 
     in subparagraph (B) or (C) of section 3502(a)(2) for which 
     interest was not paid by such Secretary pursuant to paragraph 
     (1) during the period beginning on March 13, 2020 and ending 
     on such date of enactment--
       ``(A) determine the amount of interest due (or that would 
     have been due in the absence of being voluntarily paid by the 
     holder of such loan) on such loan during the period beginning 
     March 13, 2020, and ending on such date of enactment; and
       ``(B) refund the amount of interest calculated under 
     subparagraph (A), by--
       ``(i) paying the holder of the loan the amount of the 
     interest calculated under subparagraph (A), to be applied to 
     the loan balance for the borrower of such loan; or
       ``(ii) if there is no outstanding balance or payment due on 
     the loan as of the date on which the refund is to be 
     provided, providing a payment in the amount of the interest 
     calculated under subparagraph (A) directly to the borrower.
       ``(3) Suspension of interest capitalization.--
       ``(A) In general.--With respect to any Federal student 
     loan, interest that accrued but had not been paid prior to 
     March 13, 2020, and had not been capitalized as of such date, 
     shall not be capitalized.
       ``(B) Transition.--The Secretary or, as applicable, the 
     Secretary of Health and Human Services, shall ensure that any 
     interest on a Federal student loan that had been capitalized 
     in violation of subparagraph (A) is corrected and the balance 
     of principal and interest due for the Federal student loan is 
     adjusted accordingly.''.

     SEC. 134. NOTICE TO BORROWERS.

       Section 3513(g) of division A of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the Secretary'' and inserting ``the Secretary or, as 
     applicable, the Secretary of Health and Human Services,'';
       (2) in paragraph (1)(D), by striking the period and 
     inserting a semicolon;
       (3) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``August 1, 2020'' and inserting ``August 1, 2021''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) that--
       ``(i) a borrower of a Federal student loan made, insured, 
     or guaranteed under part B or D of title IV of the Higher 
     Education Act of 1965 may be eligible to enroll in an income-
     contingent repayment plan under section 455(d)(1)(D) of the 
     Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or an 
     income-based repayment plan under section 493C of such Act 
     (20 U.S.C. 1098e), including a brief description of such 
     repayment plans; and
       ``(ii) in the case of a borrower of a Federal student loan 
     defined in section 3502(a)(2)(C) or made under part E of 
     title IV of the Higher Education of 1965, the borrower may be 
     eligible to enroll in such a repayment plan if the borrower 
     consolidates such loan with a loan described in clause (i) of 
     this subparagraph, and receives a Federal Direct 
     Consolidation Loan under part D of the Higher Education of 
     1965 (20 U.S.C. 1087a et seq.); and''; and
       (C) by adding at the end the following:
       ``(3) in a case in which the accrual of interest on Federal 
     student loans is suspended under subsection (b)(1) beyond 
     September 30, 2021, during the 2-month period beginning on 
     the date on which the national U-5 measure of labor 
     underutilization shows initial signs of recovery (as such 
     terms are defined in subsection (b)(1)(D)) carry out a 
     program to provide not less than 6 notices by postal mail, 
     telephone, or electronic communication to borrowers--
       ``(A) indicating when the interest on Federal student loans 
     of the borrower will resume accrual and capitalization; and
       ``(B) the information described in paragraph (2)(B).''.

     SEC. 135. IMPLEMENTATION.

       Section 3513 of division A of the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136), as amended by 
     this part, is further amended by adding at the end the 
     following:
       ``(i) Implementation.--
       ``(1) Information verification.--
       ``(A) In general.--To facilitate implementation of this 
     section, information for the purposes described in 
     subparagraph (B), shall be reported--
       ``(i) by the holders of Federal student loans defined in 
     section 3502(a)(2)(B) to the satisfaction of the Secretary; 
     and
       ``(ii) by the holders of Federal student loans defined in 
     section 3502(a)(2)(C) to the satisfaction of the Secretary of 
     Health and Human Services.
       ``(B) Purposes.--The purposes of the information reported 
     under subparagraph (A) are to--
       ``(i) verify, at the borrower level, the payments that are 
     provided or suspended under this section; and
       ``(ii) calculate the amount of any interest due to the 
     holder for reimbursement of interest under subsection (b).
       ``(2) Coordination.--The Secretary shall coordinate with 
     the Secretary of Health and Human Services to carry out the 
     provisions of this section with respect to Federal student 
     loans defined in section 3502(a)(2)(C).''.

     SEC. 136. EFFECTIVE DATE.

       Except as otherwise provided, this part, and the amendments 
     made by this part, shall take effect as if enacted as part of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136).

    PART 2--CONSOLIDATION LOANS AND PUBLIC SERVICE LOAN FORGIVENESS

     SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT 
                   CONSOLIDATION LOANS.

       (a) Special Rules Relating to Federal Direct Consolidation 
     Loans and PSLF.--
       (1) Public service loan forgiveness option on consolidation 
     application.--
       (A) In general.--During the period described in subsection 
     (e), the Secretary shall--

[[Page H5246]]

       (i) include, in any application for a Federal Direct 
     Consolidation Loan under part D of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1087a et seq,), an option 
     for the borrower to indicate that the borrower intends to 
     participate in the public service loan forgiveness program 
     under section 455(m) of such Act (20 U.S.C. 1087e(m)); and
       (ii) for each borrower who submits an application for a 
     Federal Direct Consolidation Loan, without regard to whether 
     the borrower indicates the intention described in clause 
     (i)--

       (I) request that the borrower submit a certification of 
     employment; and
       (II) after receiving a complete certification of 
     employment--

       (aa) carry out the requirements of paragraph (2); and
       (bb) inform the borrower of the number of qualifying 
     monthly payments made on the component loans before 
     consolidation that shall be deemed, in accordance with 
     paragraph (2)(D), to be qualifying monthly payments made on 
     the Federal Direct Consolidation Loan.
       (B) Hold harmless.--The Secretary may not change or 
     otherwise rescind a calculation made under paragraph (2)(D) 
     after informing the borrower of the results of such 
     calculation under subparagraph (A)(ii)(II)(bb).
       (2) Process to determine qualifying payments for purposes 
     of pslf.--Upon receipt of a complete certification of 
     employment under paragraph (1)(A)(ii)(II) of a borrower who 
     receives a Federal Direct Consolidation Loan described in 
     paragraph (1)(A), the Secretary shall--
       (A) review the borrower's payment history to identify each 
     component loan of such Federal Direct Consolidation Loan;
       (B) for each such component loan--
       (i) calculate the weighted factor of the component loan, 
     which shall be the factor that represents the portion of such 
     Federal Direct Consolidation Loan that is attributable to 
     such component loan; and
       (ii) determine the number of qualifying monthly payments 
     made on such component loan before consolidation;
       (C) calculate the number of qualifying monthly payments 
     determined under subparagraph (B)(ii) with respect to a 
     component loan that shall be deemed as qualifying monthly 
     payments made on the Federal Direct Consolidation Loan by 
     multiplying--
       (i) the weighted factor of such component loan as 
     determined under subparagraph (B)(i), by
       (ii) the number of qualifying monthly payments made on such 
     component loan as determined under subparagraph (B)(ii); and
       (D) calculate the total number of qualifying monthly 
     payments with respect to the component loans of the Federal 
     Direct Consolidation Loan that shall be deemed as qualifying 
     monthly payments made on such Federal Direct Consolidation 
     Loan by--
       (i) adding together the result of each calculation made 
     under subparagraph (C) with respect to each such component 
     loan; and
       (ii) rounding the number determined under clause (i) to the 
     nearest whole number.
       (3) Definitions.--For purposes of this subsection:
       (A) Certification of employment.--The term ``certification 
     of employment'', used with respect to a borrower, means a 
     certification of the employment of the borrower in a public 
     service job (as defined in section 455(m)(3)(B) of the Higher 
     Education Act of 1965) on or after October 1, 2007.
       (B) Component loan.--The term ``component loan'', used with 
     respect to a Federal Direct Consolidation Loan, means each 
     loan for which the liability has been discharged by the 
     proceeds of the Federal Direct Consolidation Loan, which--
       (i) may include a loan that is not an eligible Federal 
     Direct Loan (as defined in section 455(m)(3)(A) of the Higher 
     Education Act of 1965); and
       (ii) in the case of a subsequent consolidation loan, only 
     includes loans for which the liability has been directly 
     discharged by such subsequent consolidation loan.
       (C) Federal direct consolidation loan.--The term ``Federal 
     Direct Consolidation Loan'' means a Federal Direct 
     Consolidation Loan made under part D of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq.).
       (D) Qualifying monthly payment.--
       (i) Component loan.--The term ``qualifying monthly 
     payment'', used with respect to a component loan, means a 
     monthly payment on such loan made by a borrower, during a 
     period of employment in a public service job (as defined in 
     section 455(m)(3)(B) of the Higher Education Act of 1965 (20 
     U.S.C. 1087e(m)(3)(B)) on or after October 1, 2007, pursuant 
     to--

       (I) a repayment plan under part B, D, or E of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.; 
     1087a et seq.; 1087aa et seq.); or
       (II) in the case of a loan made under subpart II of part A 
     of title VII of the Public Health Service Act or under part E 
     of title VIII of the Public Health Service Act, a repayment 
     plan under title VII or VIII of such Act.

       (ii) Federal direct consolidation loan.--The term 
     ``qualifying monthly payment'', used with respect to a 
     Federal Direct Consolidation Loan, means a monthly payment on 
     such loan that counts as 1 of the 120 monthly payments 
     described in section 455(m)(1)(A) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(m)(3)(B)).
       (b) Special Rules Relating to Federal Direct Consolidation 
     Loans and ICR and IBR.--
       (1) In general.--During the period described in subsection 
     (e), with respect to a borrower who receives a Federal Direct 
     Consolidation Loan and who intends to repay such loan under 
     an income-contingent repayment plan under section 
     455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 
     1087e(d)(1)(D)) or an income-based repayment plan under 
     section 493C of such Act (20 U.S.C. 1098e), the Secretary 
     shall--
       (A) review the borrower's payment history to identify each 
     component loan of such Federal Direct Consolidation Loan;
       (B) for each such component loan--
       (i) calculate the weighted factor of the component loan, 
     which shall be the factor that represents the portion of such 
     Federal Direct Consolidation Loan that is attributable to 
     such component loan; and
       (ii) determine the number of qualifying monthly payments 
     made on such component loan before consolidation;
       (C) calculate the number of qualifying monthly payments 
     determined under subparagraph (B)(ii) with respect to a 
     component loan that shall be deemed as qualifying monthly 
     payments made on the Federal Direct Consolidation Loan by 
     multiplying--
       (i) the weighted factor of such component loan as 
     determined under subparagraph (B)(i), by
       (ii) the number of qualifying monthly payments made on such 
     component loan as determined under subparagraph (B)(ii); and
       (D) calculate and inform the borrower of the total number 
     of qualifying monthly payments with respect to the component 
     loans of the Federal Direct Consolidation Loan that shall be 
     deemed as qualifying monthly payments made on such Federal 
     Direct Consolidation Loan by--
       (i) adding together the result of each calculation made 
     under subparagraph (C) with respect to each such component 
     loan; and
       (ii) rounding the number determined under clause (i) to the 
     nearest whole number.
       (2) Hold harmless.--The Secretary may not change or 
     otherwise rescind a calculation made under paragraph (1)(D) 
     after informing the borrower of the results of such 
     calculation under such paragraph.
       (3) Definitions.--In this subsection:
       (A) Component loan; federal direct consolidation loan.--The 
     terms ``component loan'' and ``Federal Direct Consolidation 
     Loan'' have the meanings given the terms in subsection (a).
       (B) Qualifying payment.--
       (i) Component loans.--Subject to clause (ii), the term 
     ``qualifying monthly payment'', used with respect to a 
     component loan, means a monthly payment on such loan made by 
     a borrower pursuant to--

       (I) a repayment plan under part B, D, or E of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 
     1087a et seq., 1087aa et seq.); or
       (II) in the case of a loan made under subpart II of part A 
     of title VII of the Public Health Service Act (42 U.S.C. 292q 
     et seq.) or under part E of title VIII of the Public Health 
     Service Act (42 U.S.C. 297a et seq.), a repayment plan under 
     title VII or VIII of such Act.

       (ii) Clarification.--

       (I) ICR.--For purposes of determining the number of 
     qualifying monthly payments made on a component loan pursuant 
     to an income-contingent repayment plan under section 
     455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 
     1087e(d)(1)(D)), each month a borrower is determined to meet 
     the requirements of section 455(e)(7)(B)(i) of such Act with 
     respect to such loan shall be treated as such a qualifying 
     monthly payment.
       (II) IBR.--For purposes of determining the number of 
     qualifying monthly payments made on a component loan pursuant 
     to an income-based repayment plan under section 493C of such 
     Act (20 U.S.C. 1098e), each month a borrower was determined 
     to meet the requirements of subsection (b)(7)(B) of such 
     section 493C with respect to such loan shall be treated as 
     such a qualifying monthly payment.

       (iii) Federal direct consolidation loans.--The term 
     ``qualifying monthly payment'', used with respect to a 
     Federal Direct Consolidation Loan, means a monthly payment on 
     such loan that counts as a monthly payment under an income-
     contingent repayment plan under section 455(d)(1)(D) of the 
     Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)), or 
     an income-based repayment plan under section 493C of the 
     Higher Education Act of 1965 (20 U.S.C. 1098e).
       (c) Notification to Borrowers.--
       (1) In general.--During the period described in subsection 
     (e), the Secretary and the Secretary of Health and Human 
     Services shall undertake a campaign to alert borrowers of a 
     loan described in paragraph (2)--
       (A) on the benefits of consolidating such loans into a 
     Federal Direct Consolidation Loan, including the benefits of 
     the special rules under subsections (a) and (b) of this 
     section; and
       (B) under which servicers and holders of Federal student 
     loans shall provide to borrowers such consumer information, 
     and in such manner, as determined appropriate by the 
     Secretaries, based on conducting consumer testing to 
     determine how to make the information as meaningful to 
     borrowers as possible.
       (2) Federal student loans.--A loan described in this 
     paragraph is--
       (A) a loan made under subpart II of part A of title VII of 
     the Public Health Service Act or under part E of title VIII 
     of such Act; or
       (B) a loan made under part E of the Higher Education Act of 
     1965.
       (d) Special Rule for Interest on Federal Direct 
     Consolidation Loans.--Any Federal Direct Consolidation Loan 
     for which the application is received during the period 
     described in subsection (e), shall bear interest at an annual 
     rate as calculated under section 455(b)(8)(D) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(b)(8)(D)), without 
     regard to the requirement to round the weighted average of 
     the interest rate to the nearest higher one-eighth of one 
     percent.

[[Page H5247]]

       (e) Period.--The period described in this clause is the 
     period beginning on the date of enactment of this Act, and 
     ending on the later of--
       (1) September 30, 2021; or
       (2) the day following the date of enactment of this Act 
     that is 2 months after the national U-5 measure of labor 
     underutilization shows initial signs of recovery (as such 
     terms are defined in section 3513(b) of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136), as 
     amended by this Act)).
       (f) GAO Study on Implementation of Special Rules on 
     Consolidation.--Not later than 6 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the authorizing committees 
     (defined in section 103 of the Higher Education Act of 1965 
     (20 U.S.C. 1003) on the implementation of this section, which 
     shall include--
       (1) information on borrowers who apply for or receive a 
     Federal Direct Consolidation Loan under part D of the Higher 
     Education Act of 1965 during the period described in 
     subsection (e), disaggregated--
       (A) by borrowers who intend to participate in the public 
     service loan forgiveness program under section 455(m) of such 
     Act (20 U.S.C. 1087e(m)); and
       (B) by borrowers who intend to repay such loans on an 
     income-contingent repayment plan under section 455(d)(1)(D) 
     of the Higher Education Act of 1965 (20 U.S.C. 
     1087e(d)(1)(D)) or an income-based repayment plan under 
     section 493C of such Act (20 U.S.C. 1098e);
       (2) the extent to which the Secretary has established 
     procedures for carrying out subsections (a) and (b);
       (3) the extent to which the Secretary and the Secretary of 
     Health and Human Services have carried out the notification 
     to borrowers required under subsection (c); and
       (4) recommendations on improving the implementation of this 
     section to ensure increased borrower participation.

     SEC. 138. TREATMENT OF PSLF.

       (a) Exception for Purposes of PSLF Loan Forgiveness.--
     Section 455(m)(1)(B) of the Higher Education Act of 1965 (20 
     U.S.C. 1087e(m)(1)(B)) shall apply as if clause (i) were 
     struck.
       (b) Health Care Practitioner.--In section 455(m)(3)(B)(i) 
     of the Higher Education Act of 1965 (20 U.S.C. 
     1087e(m)(3)(B)(i)), the term ``full-time professionals 
     engaged in health care practitioner occupations'' includes an 
     individual who--
       (1) has a full-time job as a health care practitioner;
       (2) provides medical services in such full-time job at a 
     nonprofit hospital or public hospital or other nonprofit or 
     public health care facility; and
       (3) is prohibited by State law from being employed directly 
     by such hospital or other health care facility.

                    Subtitle D--Protecting Students

     SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO HIGHER 
                   EDUCATION.

       (a) Notification of Non-CARES Act Flexibilities.--
       (1) Notice to congress.--
       (A) In general.--Not later than two days before the date on 
     which the Secretary grants a flexibility described in 
     paragraph (4), the Secretary shall--
       (i) submit to the authorizing committees a written 
     notification of the Secretary's intent to grant such 
     flexibility; and
       (ii) publish the notification on a publicly accessible 
     website of the Department of Education.
       (B) Elements.--Each notification under subparagraph (A) 
     shall--
       (i) identify the provision of law, regulation, or 
     subregulatory guidance to which the flexibility will apply;
       (ii) identify any limitations on the flexibility, including 
     any time limits;
       (iii) identify the statutory authority under which the 
     flexibility is provided;
       (iv) identify the class of covered entities to which the 
     flexibility will apply;
       (v) identify whether a covered entity will need to request 
     the flexibility or whether the flexibility will be applied 
     without request;
       (vi) in the case of a flexibility that requires a covered 
     entity to request the flexibility, identify the factors the 
     Secretary will consider in approving or denying the 
     flexibility;
       (vii) explain how the flexibility is expected to benefit 
     the covered entity or class of covered entities to which it 
     applies; and
       (viii) explain the reasons the flexibility is necessary and 
     appropriate due to COVID-19.
       (2) Quarterly reports.--Not later than 10 days after the 
     end of each fiscal quarter for the duration of the qualifying 
     emergency through the end of the first fiscal year beginning 
     after the conclusion of such qualifying emergency, the 
     Secretary shall submit to the authorizing committees a report 
     that includes, with respect to flexibilities described in 
     paragraph (4) that have been issued by the Secretary in the 
     most recently ended fiscal quarter, the following:
       (A) In the case of a flexibility that was issued by the 
     Secretary without request from a covered entity, an 
     explanation of all requirements, including reporting 
     requirements, that the Secretary imposed on the covered 
     entity as a condition of the flexibility.
       (B) In the case of a flexibility for which a covered entity 
     requested and received specific approval from the Secretary--
       (i) identification of the covered entity that received the 
     flexibility;
       (ii) an explanation of the specific reasons for approval of 
     the request;
       (iii) a detailed description of the terms of the 
     flexibility, including--

       (I) a description of any limitations on the flexibility; 
     and
       (II) identification of each provision of law (including 
     regulation and subregulatory guidance) that is waived or 
     modified and, for each such provision, the statutory 
     authority under which the flexibility was provided; and

       (iv) a copy of the final document granting the flexibility.
       (C) In the case of any request for a flexibility that was 
     denied by the Secretary--
       (i) identification of the covered entity or entities that 
     were denied a flexibility;
       (ii) a detailed description of the terms of the request for 
     the flexibility; and
       (iii) an explanation of the specific reasons for denial of 
     the request.
       (3) Report on flexibilities granted before enactment.--Not 
     later than 30 days after the date of enactment of this Act, 
     the Secretary shall submit to the authorizing committees a 
     report that--
       (A) identifies each flexibility described in paragraph (4) 
     that was granted by the Secretary between March 13, 2020, and 
     the date of enactment of this Act; and
       (B) with respect to each such flexibility, provides the 
     information specified in paragraph (1)(B).
       (4) Flexibility described.--A flexibility described in this 
     paragraph is modification or waiver of any provision of the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 
     (including any regulation or subregulatory guidance issued 
     under such a provision) that the Secretary determines to be 
     necessary and appropriate to modify or waive due to COVID-19, 
     other than a provision of the Higher Education Act of 1965 
     that the Secretary is specifically authorized to modify or 
     waive pursuant to the CARES Act (Public Law 116-136).
       (5) Privacy.--The Secretary shall ensure that any report or 
     notification submitted under this subsection does not reveal 
     personally identifiable information about an individual 
     student.
       (6) Rule of construction.--Nothing in this subsection shall 
     be construed to authorize the Secretary to waive or modify 
     any provision of law.
       (b) Reports on Exercise of CARES Act Waivers by 
     Institutions of Higher Education.--Not later than 30 days 
     after the date of enactment of this Act, each institution of 
     higher education that exercises an authority provided under 
     section 3503(b), section 3504, section 3505, section 3508(d), 
     section 3509, or section 3517(b) of the CARES Act (Public Law 
     116-136) shall submit to the Secretary a report that 
     describes the nature and extent of the institution's exercise 
     of such authorities, including the number of students and 
     amounts of aid provided under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.) affected by 
     the exercise of such authorities, as applicable.
       (c) Reports on Changes to Contracts and Agreements.--Not 
     later than 10 days after the end of each fiscal quarter for 
     the duration of the qualifying emergency through the end of 
     the first fiscal year beginning after the conclusion of such 
     qualifying emergency, the Secretary shall submit to the 
     authorizing committees a report that includes, for the most 
     recently ended fiscal quarter--
       (1) a summary of all modifications to any contracts with 
     Department of Education contractors relating to Federal 
     student loans, including--
       (A) the contractual provisions that were modified;
       (B) the names of all contractors affected by the 
     modifications; and
       (C) estimates of any costs or savings resulting from the 
     modifications;
       (2) a summary of all amendments, addendums, or other 
     modifications to program participation agreements with 
     institutions of higher education under section 487 of the 
     Higher Education Act of 1965 (20 U.S.C. 1094), any 
     provisional program participation agreements entered into 
     under such section, including--
       (A) any provisions of such agreements that were modified by 
     the Department of Education; and
       (B) the number of institutions of higher education that 
     received such modifications or entered into such provisional 
     agreements, disaggregated by--
       (i) status as a four-year, two-year, or less-than-two-year 
     public institution, private nonprofit institution, or 
     proprietary institution; and
       (ii) each category of minority-serving institution 
     described in section 371(a) of the Higher Education Act (20 
     U.S.C. 1067q); and
       (3) sample copies of program participation agreements 
     (including provisional agreements), selected at random from 
     among the agreements described in paragraph (2), including at 
     least one agreement from each type of institution (whether a 
     public institution, private nonprofit institution, or 
     proprietary institution) that received a modified or 
     provisional agreement.
       (d) Report to Congress.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     authorizing committees a report that includes the following:
       (A) A summary of the reports received by the Secretary 
     under subsection (b).
       (B) A description of--
       (i) the Secretary's use of the authority under section 3506 
     of the CARES Act (Public Law 116-136) to adjust subsidized 
     loan usage limits, including the total number of students and 
     the total amount of subsidized loans under title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 
     affected by the Secretary's use of such authority;
       (ii) the Secretary's use of the authority under section 
     3507 of the CARES Act (Public Law 116-136) to exclude certain 
     periods from the Federal Pell Grant duration limit, including 
     the total number of students and the total amount of Federal 
     Pell Grants under section 401 of the Higher Education Act of 
     1965 (20 U.S.C. 1070a) affected by the Secretary's use of 
     such authority; and

[[Page H5248]]

       (iii) the Secretary's use of the authority under section 
     3508 of the CARES Act (Public Law 116-136) to waive certain 
     requirements for the return of Federal funds, including--

       (I) in the case of waivers issued to students under such 
     section, the total number of students and the total amount of 
     aid under title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.) affected by the Secretary's use of such 
     authority; and
       (II) in the case of waivers issued to institutions of 
     higher education under such section, the total number of 
     students and the total amount of aid under title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 
     affected by the Secretary's use of such authority.

       (C) A summary of the information required to be reported to 
     the authorizing committees under sections 3510 and 3512 of 
     the CARES Act (Public Law 116-136), as amended by this Act, 
     regardless of whether such information has previously been 
     reported to such committees as of the date of the report 
     under this subsection.
       (D) Information relating to the temporary relief for 
     Federal student loan borrowers provided under section 3513 of 
     the CARES Act (Public Law 116-136), including--
       (i) with respect to the notifications required under 
     subsection (g)(1) of such section--

       (I) the total number of individual notifications sent to 
     borrowers in accordance with such subsection, disaggregated 
     by electronic, postal, and telephonic notifications;
       (II) the total number of notifications described in clause 
     (i) that were sent within the 15-day period specified in such 
     subsection; and
       (III) the actual costs to the Department of Education of 
     making the notifications under such subsection;

       (ii) the projected costs to the Department of Education of 
     making the notifications required under subsection (g)(2) of 
     such section;
       (iii) the number of Federal student loan borrowers who have 
     affirmatively opted-out of payment suspension under 
     subsection (a) of such section;
       (iv) the number of individual notifications sent to 
     employers directing the employers to halt wage garnishment 
     pursuant to subsection (e) of such section, disaggregated by 
     electronic, postal, and telephonic notifications;
       (v) the number of Federal student loan borrowers who have 
     had their wages garnished pursuant to section 488A of the 
     Higher Education Act of 1965 (20 U.S.C. 1095a) or section 
     3720D of title 31, United States Code, between March 13, 
     2020, and the date of the date of enactment of this Act;
       (vi) the number of Federal student loan borrowers subject 
     to interest capitalization as a result of consolidating 
     Federal student loans since March 13, 2020, and the total 
     amount of such interest capitalization;
       (vii) the average daily call wait times and call drop 
     rates, disaggregated by student loan servicer, for the period 
     between March 13, 2020, and the date of enactment of this 
     Act; and
       (viii) the estimated or projected savings to the Department 
     of Education for student loan servicing activities for the 
     period beginning on March 13, 2020, and ending on September 
     30, 2020, due to lower reimbursement or contract costs per 
     account for student loan servicers and private collection 
     agencies resulting from the suspension of Federal student 
     loan payments and halt to collection activities under the 
     CARES Act (Public Law 116-136).
       (E) Information relating to the special rules relating to 
     Federal Direct Consolidation Loans under section 137 of this 
     Act, including--
       (i) the number of borrowers who submitted an application 
     for a Federal Direct Consolidation Loan;
       (ii) the number of borrowers who received a Federal Direct 
     Consolidation Loan; and
       (iii) the wait time between submitting an application and 
     receiving a Federal Direct Consolidation Loan.
       (F) A summary of the information required to be reported to 
     the authorizing committees under section 3517(c) and section 
     3518(c) of the CARES Act (Public Law 116-136), as amended by 
     this Act, regardless of whether such information has 
     previously been reported to such committees as of the date of 
     the report under this subsection.
       (G) A copy of any communication from the Department of 
     Education to grantees and Federal student loan borrowers 
     eligible for rights and benefits under section 3519 of the 
     CARES Act (Public Law 116-136) to inform such grantees and 
     borrowers of their eligibility for such rights and benefits.
       (2) Duty of hhs.--The Secretary of Health and Human 
     Services shall provide to the Secretary of Education the 
     information necessary for the Secretary of Education to 
     comply with paragraph (1)(D).
       (e) Amendments to CARES Act Reporting Requirements.--
       (1) Reporting requirement for hbcu capital financing loan 
     deferment.--Section 3512(c) of the CARES Act (Public Law 116-
     136) is amended by striking the period at the end and 
     inserting ``, the terms of the loans deferred, and the 
     schedule for repayment of the deferred loan amount.''.
       (2)  Reporting requirement for institutional aid 
     modifications.--Section 3517(c) of the CARES Act (Public Law 
     116-136) is amended by striking the period at the end and 
     inserting ``, identifies the statutory provision waived or 
     modified, and describes the terms of the waiver or 
     modification received by the institution.''.
       (3) Reporting requirement for grant modifications.--Section 
     3518(c) of the CARES Act (Public Law 116-136) is amended by 
     striking the period at the end and inserting ``and describes 
     the terms of the modification received by the institution or 
     other grant recipient.''.
       (f) Definitions.--In this section:
       (1) The term ``covered entity'' means an institution of 
     higher education, a Federal contractor, a student, or any 
     other entity that is subject to the Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.).
       (2) The term ``Federal student loan'' means a loan 
     described in section 3502(a)(2) of the CARES Act (Public Law 
     116-136), as amended by this Act.

     SEC. 142. PROTECTING STUDENTS FROM PREDATORY RECRUITMENT.

       (a) Undercover and Audit-based Investigations.--During the 
     covered period, in carrying out the provisions of subpart 3 
     of part H of title IV of such Act (20 U.S.C. 1099c et seq.), 
     including paragraphs (1) and (2) of section 498A(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1099c-1(a)), the 
     Secretary of Education shall--
       (1) conduct regular undercover and audit-based 
     investigations for the purpose of encouraging the ethical 
     treatment of students and prospective students and detecting 
     fraud and abuse in the Federal student aid programs, 
     including--
       (A) violations described in section 487(c)(3) of the Higher 
     Education Act of 1965 (20 U.S.C. 1094(c)(3));
       (B) violations of section 487(a)(20) of such Act (20 U.S.C. 
     1094(a)(20));
       (C) violations described in subparagraphs (A) and (B) by 
     any entity with which the institution has contracted for 
     student recruitment or admission activities; and
       (D) violations of subsection (b) of this section;
       (2) develop written guidelines for the investigations 
     described in paragraph (1)--
       (A) in accordance with commonly-accepted practices for 
     undercover operations by Office of Inspector General of the 
     Department of Education; and
       (B) in consultation with other relevant agencies, including 
     the Department of Justice, Federal Trade Commission, Consumer 
     Financial Protection Bureau, and the Office of Inspector 
     General of the Department of Education;
       (3) ensure that institutions found in violation of the 
     provisions under paragraph (1) shall be subject to a sanction 
     determined by the Secretary of Education under section 487(c) 
     of the Higher Education Act of 1965 (20 U.S.C. 1094(c)); and
       (4) provide to the authorizing committees (as defined in 
     section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003)), and make available to the public, an annual report 
     on--
       (A) the findings of investigations described in paragraph 
     (1); and
       (B) the applicable sanctions imposed on institutions found 
     in violation of the provisions described in paragraph (1).
       (b) Notice of Incentive Payment Ban.--During the covered 
     period, each institution of higher education participating in 
     a program under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) shall--
       (1) provide notice of the ban on prohibited incentive 
     payment (including commissions and bonuses) under section 
     487(a)(20) of such Act (20 U.S.C. 1094(a)(20)) (and 
     accompanying regulations) upon hiring an employee or entering 
     into a contract with a third party contractor, and at least 
     once per calendar year to employees and third-party 
     contractors of the institution; and
       (2) publish a clear statement in all internal recruitment 
     materials, including guides or manuals, acknowledging such 
     ban.
       (c) Sunset.--For purposes of this section, the term 
     ``covered period'' means the period beginning on the date of 
     enactment of this Act and ending on the date on which subpart 
     3 of part H of title IV of the Higher Education (20 U.S.C. 
     1099c) is amended or repealed.

     TITLE II--IMPACT AID AND MIGRANT EDUCATION CORONAVIRUS RELIEF

     SEC. 201. IMPACT AID.

       Due to the national emergency declared by the President 
     under the National Emergencies Act (50 U.S.C. 1601 et seq.) 
     on March 13, 2020, with respect to the coronavirus, and 
     notwithstanding sections 7002(j) and 7003(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(j), 7703(c)), a local educational agency desiring to 
     receive a payment under section 7002 or 7003 of such Act (20 
     U.S.C. 7702, 7703) for fiscal year 2022 that also submitted 
     an application for such payment for fiscal year 2021 shall, 
     in the application submitted under section 7005 of such Act 
     (20 U.S.C. 7705) for fiscal year 2022--
       (1) with respect to a requested payment under section 7002 
     of such Act (20 U.S.C. 7702)--
       (A) use the data described in subsection (j) of such 
     section 7002 relating to calculating such payment that was 
     submitted by the local educational agency in the application 
     for fiscal year 2021; or
       (B) use the data relating to calculating such payment for 
     the fiscal year required under such subsection (j); and
       (2) with respect to a requested payment under section 7003 
     of such Act (20 U.S.C. 7703)--
       (A) use the student count data relating to calculating such 
     payment that was submitted by the local educational agency in 
     the application for fiscal year 2021, except that payments 
     for fiscal year 2022 shall be calculated by the Secretary 
     using the expenditures and rates described in clauses (i), 
     (ii), (iii), and (iv) of subsection (b)(1)(C) of such section 
     7003 that would otherwise apply for fiscal year 2022; or
       (B) use the student count data relating to calculating such 
     payment for the fiscal year required under subsection (c) of 
     such section 7003.

     SEC. 202. EDUCATION OF MIGRATORY CHILDREN.

       Due to the national emergency declared by the President 
     under the National Emergencies Act (50 U.S.C. 1601 et seq.) 
     on March 13, 2020, with respect to the coronavirus, and 
     notwithstanding subsections (a)(1) and (f)(1) of section 1303 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6393), for the purposes of making determinations under 
     subsections (a)(1) and (f) of such section 1303 for fiscal 
     year 2021 and all subsequent fiscal years for which school 
     year 2019-2020 data would be used in the calculations

[[Page H5249]]

     under section 1303(a)(1) of such Act (20 U.S.C. 6393(a)(1)) , 
     the Secretary of Education shall use school year 2018-2019 or 
     school year 2019-2020 data, whichever data are greater, 
     wherever school year 2019-2020 data otherwise would be 
     required.

           TITLE III--CAREER, TECHNICAL, AND ADULT EDUCATION

     SEC. 301. DEFINITIONS.

       In this subtitle:
       (1) Coronavirus.--The term ``coronavirus'' means 
     coronavirus as defined in section 506 of the Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020 (Public Law 116-123).
       (2) COVID-19 national emergency.--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.) on March 13, 2020, with respect to the 
     coronavirus.

     SEC. 302. COVID-19 CAREER AND TECHNICAL EDUCATION RESPONSE 
                   FLEXIBILITY.

       (a) Pooling of Funds.--An eligible recipient may, in 
     accordance with section 135(c) of the Carl D. Perkins Career 
     and Technical Education Act of 2006 (20 U.S.C. 2355(c)), pool 
     a portion of funds received under such Act with a portion of 
     funds received under such Act available to one or more 
     eligible recipients to support the transition from secondary 
     education to postsecondary education or employment for CTE 
     participants whose academic year was interrupted by the 
     COVID-19 national emergency.
       (b) Professional Development.--During the COVID-19 national 
     emergency, section 3(40)(B) of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2302(40)(B)) shall 
     apply as if ``sustained (not stand-alone, 1-day, or short-
     term workshops), intensive, collaborative, job-embedded, 
     data-driven, and classroom-focused,'' were struck.
       (c) Definitions.--Except as otherwise provided, the terms 
     in this section have the meanings given the terms in section 
     3 of the Carl D. Perkins Career and Technical Education Act 
     of 2006 (20 U.S.C. 2302).

     SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES.

       (a) Online Service Delivery of Adult Education and Literacy 
     Activities.--During the COVID-19 national emergency, an 
     eligible agency may use funds available to such agency under 
     paragraphs (2) and (3) of section 222(a) of the Workforce 
     Innovation and Opportunity Act (20 U.S.C. 3302(a)) for the 
     administrative expenses of the eligible agency related to 
     transitions to online service delivery of adult education and 
     literacy activities.
       (b) Definitions.--Except as otherwise provided, the terms 
     in this section have the meanings given the terms in section 
     203 of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3272).

                    TITLE IV--DISABILITY EMPLOYMENT

     SEC. 401. REHABILITATION ACT WAIVERS.

       (a) Provisions Eligible for Waiver.--The following 
     provisions of the Rehabilitation Act of 1973 (29 U.S.C. 701 
     et seq.) are eligible for waivers due to the national 
     emergency declared by the President under the National 
     Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, 
     with respect to the coronavirus:
       (1) The Secretary of Education may provide a waiver of 
     section 103(b)(1) to allow the replacement of expired or 
     spoiled food products at vending facilities.
       (2) The Secretary of Education may provide a waiver of the 
     service obligation requirement under section 302(b) due to 
     interrupted service obligations.
       (b) Duration.--A waiver approved by the Secretary under 
     subsection (a) shall expire on the earlier of the following 
     dates:
       (1) The date that is 1 year after the date of the enactment 
     of this Act.
       (2) The last day of the national emergency referred to in 
     subsection (a).
       (c) Streamlined Process.--The Secretary of Education shall 
     create a streamlined application process to request a waiver 
     under this section, and the Secretary may grant such waiver 
     if the Secretary determines that the waiver is necessary and 
     appropriate.
       (d) Limitation.--Nothing in this section shall be construed 
     to allow the Secretary to waive any statutory or regulatory 
     requirements under applicable civil rights laws.
       (e) Reporting and Publication.--
       (1) Public notice.--A State requesting a waiver under this 
     section shall provide the public notice of, and the 
     opportunity to comment on, the request by posting on the 
     State website information regarding the waiver request and 
     the process for commenting.
       (2) Notifying congress.--Not later than 7 days after--
       (A) receiving a waiver request from a State under this 
     section, the Secretary of Education shall notify the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on Appropriations of the Senate, the 
     Committee on Education and Labor of the House of 
     Representatives, and the Committee on Appropriations of the 
     House of Representatives of such waiver request; and
       (B) granting a waiver under this section, the Secretary of 
     Education shall notify the Committee on Health, Education, 
     Labor, and Pensions of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Education and 
     Labor of the House of Representatives, and the Committee on 
     Appropriations of the House of Representatives of such 
     waiver.
       (3) Publication.--Not later than 30 days after granting a 
     waiver under this section, the Secretary of Education shall 
     publish a notice of the Secretary's decision (including which 
     waiver was granted and the reason for granting the waiver) in 
     the Federal Register and on the website of the Department of 
     Education.

            DIVISION C--PROTECTION FOR FAMILIES AND WORKERS

TITLE I--AMENDMENTS TO EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT 
                   AND EMERGENCY PAID SICK LEAVE ACT

Subtitle A--Emergency Family and Medical Leave Expansion Act Amendments

     SEC. 101. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2601 et seq.), as amended by the Emergency Family 
     and Medical Leave Expansion Act (Public Law 116-127).

     SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARIFICATION.

       (a) Employee Eligibility.--Section 101(2) is amended by 
     adding at the end the following:
       ``(F) Alternative eligibility for covid-19 public health 
     emergency .--For the period beginning on the date of the 
     enactment of The Heroes Act and ending on December 31, 2022--
       ``(i) subparagraph (A)(i) shall be applied by substituting 
     `90 days' for `12 months'; and
       ``(ii) subparagraph (A)(ii) shall not apply.''.
       (b) Employer Clarification.--Section 101(4) is amended by 
     adding at the end the following:
       ``(C) Clarification.--Subparagraph (A)(i) shall not apply 
     with respect to a public agency described in subparagraph 
     (A)(iii).''.

     SEC. 103. EMERGENCY LEAVE EXTENSION.

       Section 102(a)(1)(F) is amended by striking ``December 31, 
     2020'' and inserting ``February 28, 2021''.

     SEC. 104. EMERGENCY LEAVE DEFINITIONS.

       (a) Eligible Employee.--Section 110(a)(1) is amended in 
     subparagraph (A), by striking ``sections 101(2)(A) and 
     101(2)(B)(ii)'' and inserting ``section 101(2)''.
       (b) Employer Threshold.--Section 110(a)(1)(B) is amended by 
     striking ``fewer than 500 employees'' and inserting ``1 or 
     more employees''.
       (c) Parent.--Section 110(a)(1) is amended by adding at the 
     end the following:
       ``(C) Parent.--In lieu of the definition in section 101(7), 
     the term `parent', with respect to an employee, means any of 
     the following:
       ``(i) A biological, foster, or adoptive parent of the 
     employee.
       ``(ii) A stepparent of the employee.
       ``(iii) A parent-in-law of the employee.
       ``(iv) A parent of a domestic partner of the employee.
       ``(v) A legal guardian or other person who stood in loco 
     parentis to an employee when the employee was a child.''.
       (d) Qualifying Need Related to a Public Health Emergency.--
     Section 110(a)(2)(A) is amended to read as follows:
       ``(A) Qualifying need related to a public health 
     emergency.--The term `qualifying need related to a public 
     health emergency', with respect to leave, means that the 
     employee is unable to perform the functions of the position 
     of such employee due to a need for leave for any of the 
     following:
       ``(i) To self-isolate because the employee is diagnosed 
     with COVID-19.
       ``(ii) To obtain a medical diagnosis or care if such 
     employee is experiencing the symptoms of COVID-19.
       ``(iii) To comply with a recommendation or order by a 
     public official with jurisdiction or a health care provider 
     to self isolate, without regard to whether such 
     recommendation or order is specific to the employee, on the 
     basis that the physical presence of the employee on the job 
     would jeopardize the employee's health, the health of other 
     employees, or the health of an individual in the household of 
     the employee because of--

       ``(I) the possible exposure of the employee to COVID-19; or
       ``(II) exhibition of symptoms of COVID-19 by the employee.

       ``(iv) To care for or assist a family member of the 
     employee, without regard to whether another individual other 
     than the employee is available to care for or assist such 
     family member, because--

       ``(I) such family member--

       ``(aa) is self-isolating because such family member has 
     been diagnosed with COVID-19; or
       ``(bb) is experiencing symptoms of COVID-19 and needs to 
     obtain medical diagnosis or care; or

       ``(II) a public official with jurisdiction or a health care 
     provider makes a recommendation or order with respect to such 
     family member, without regard to whether such determination 
     is specific to such family member, that the presence of the 
     family member in the community would jeopardize the health of 
     other individuals in the community because of--

       ``(aa) the possible exposure of such family member to 
     COVID-19; or
       ``(bb) exhibition of symptoms of COVID-19 by such family 
     member.
       ``(v) To care for the son or daughter of such employee if, 
     due to COVID-19--

       ``(I) the child care provider of such son or daughter is 
     unavailable;
       ``(II) the school or place of care of such son or daughter 
     is closed; or
       ``(III) the school of such son or daughter---

       ``(aa) requires or makes optional a virtual learning 
     instruction model; or
       ``(bb) requires or makes optional a hybrid of in-person and 
     virtual learning instruction models.
       ``(vi) To care for a family member who is incapable of 
     self-care because of a mental or physical disability or is a 
     senior citizen, without regard to whether another individual 
     other than

[[Page H5250]]

     the employee is available to care for such family member, if 
     the place of care for such family member is closed or the 
     direct care provider is unavailable due to COVID-19.''.
       (e) Family Member.--Section 110(a)(2) is amended by adding 
     at the end the following:
       ``(E) Family member.--The term `family member', with 
     respect to an employee, means any of the following:
       ``(i) A parent of the employee.
       ``(ii) A spouse of the employee.
       ``(iii) A sibling of the employee.
       ``(iv) Next of kin of the employee or a person for whom the 
     employee is next of kin.
       ``(v) A son or daughter of the employee.
       ``(vi) A grandparent or grandchild of the employee.
       ``(vii) A domestic partner of the employee.
       ``(viii) Any other individual related by blood or affinity 
     whose close association with the employee is the equivalent 
     of a family relationship.
       ``(F) Domestic partner.--
       ``(i) In general.--The term `domestic partner', with 
     respect to an individual, means another individual with whom 
     the individual is in a committed relationship.
       ``(ii) Committed relationship defined.--The term `committed 
     relationship' means a relationship between 2 individuals, 
     each at least 18 years of age, in which each individual is 
     the other individual's sole domestic partner and both 
     individuals share responsibility for a significant measure of 
     each other's common welfare. The term includes any such 
     relationship between 2 individuals that is granted legal 
     recognition by a State or political subdivision of a State as 
     a marriage or analogous relationship, including a civil union 
     or domestic partnership.''.

     SEC. 105. REGULATORY AUTHORITIES.

       (a) In General.--Section 110(a) is amended by striking 
     paragraph (3).
       (b) Force or Effect of Regulations.--Any regulation issued 
     under section 110(a)(3), as in effect on the day before the 
     date of the enactment of this Act, shall have no force or 
     effect.

     SEC. 106. PAID LEAVE.

       Section 110(b) of the Family and Medical Leave Act of 1993 
     is amended--
       (1) in the heading, by striking ``Relationship to'';
       (2) by amending paragraph (1) to read as follows:
       ``(1) Employee election.--
       ``(A) In general.--An employee may elect to substitute any 
     vacation leave, personal leave, or medical or sick leave for 
     paid leave under section 102(a)(1)(F) in accordance with 
     section 102(d)(2)(B).
       ``(B) Employer requirement.--An employer may not require an 
     employee to substitute any leave described in subparagraph 
     (A) for leave under section 102(a)(1)(F).
       ``(C) Relationship to other family and medical leave.--
     Leave taken under subparagraph (F) of section 102(a)(1) shall 
     not count towards the 12 weeks of leave to which an employee 
     is entitled under subparagraphs (A) through (E) of such 
     section.
       ``(D) Relationship to limitation.--PRESUMPTION OF 
     ELIGIBILITY FOR for any vacation leave, personal leave, or 
     medical or sick leave that is substituted for leave under 
     section 102(a)(1)(F) shall not count toward the limitation 
     under paragraph (2)(B)(ii).''; and
       (3) in paragraph (2)(A), by striking ``that an employee 
     takes'' and all that follows through ``10 days''.

     SEC. 107. WAGE RATE.

       Section 110(b)(2)(B) is amended--
       (1) by amending clause (i)(I) to read as follows:

       ``(I) an amount that is not less than the greater of--

       ``(aa) the minimum wage rate in effect under section 
     6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206(a)(1));
       ``(bb) the minimum wage rate in effect for such employee in 
     the applicable State or locality, whichever is greater, in 
     which the employee is employed; or
       ``(cc) two thirds of an employee's regular rate of pay (as 
     determined under section 7(e) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207(e)); and''; and
       (2) in clause (ii), by striking ``$10,000'' and inserting 
     ``$12,000''.

     SEC. 108. NOTICE.

       Section 110(c) is amended by striking ``for the purpose 
     described in subsection (a)(2)(A)''.

     SEC. 109. INTERMITTENT LEAVE.

       Section 110 is amended by adding at the end the following:
       ``(e) Leave Taken Intermittently or on a Reduced Work 
     Schedule.--Leave under section 102(a)(1)(F) may be taken by 
     an employee intermittently or on a reduced work schedule, 
     without regard to whether the employee and the employer of 
     the employee have an agreement with respect to whether such 
     leave may be taken intermittently or on a reduced work 
     schedule.''.

     SEC. 110. CERTIFICATION.

       Section 110 is further amended by adding at the end the 
     following:
       ``(f) Certification.--
       ``(1) In general.--If an employer requires that a request 
     for leave under section 102(a)(1)(F) be certified, the 
     employer may require documentation for certification not 
     earlier than 5 weeks after the date on which the employee 
     takes such leave.
       ``(2) Sufficient certification.--The following 
     documentation shall be sufficient for certification:
       ``(A) With respect to leave taken for the purposes 
     described in clauses (i) through (iv) of subsection 
     (a)(2)(A)--
       ``(i) a recommendation or order from a public official 
     having jurisdiction or a health care provider that the 
     employee or relevant family member has symptoms of COVID-19 
     or should self-isolate; or
       ``(ii) documentation or evidence, including an oral or 
     written statement from an employee, that the employee or 
     relevant family member has been exposed to COVID-19.
       ``(B) With respect to leave taken for the purposes 
     described in clause (v) or (vi) of subsection (a)(2)(A), 
     notice--
       ``(i) from the school, place of care, or child care or 
     direct care provider of the son or daughter or other family 
     member of the employee of closure or unavailability; or
       ``(ii) from the school of the son or daughter of the 
     requirement or option of a virtual learning instruction model 
     or a hybrid of in-person and virtual learning instruction 
     models.''.

     SEC. 111. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 
                   MANAGEMENT AND BUDGET TO EXCLUDE CERTAIN 
                   EMPLOYEES.

       Section 110(a) is amended by striking paragraph (4).

     SEC. 112. TECHNICAL AMENDMENTS.

       (a) Section 110(a)(1)(A) is amended by striking ``(ii)'' 
     before ``Special rule'' and inserting ``(iii)''.
       (b) Section 19008 of the CARES Act is amended--
       (1) by striking ``--'' after ``amended'';
       (2) by striking paragraph (1); and
       (3) by striking ``(2)'' before ``by adding at the end''.

     SEC. 113. AMENDMENTS TO THE EMERGENCY FAMILY AND MEDICAL 
                   LEAVE EXPANSION ACT.

       The Emergency Family and Medical Leave Expansion Act 
     (Public Law 116-127) is amended--
       (1) in section 3103(b), by striking ``Employees'' and 
     inserting, ``Notwithstanding section 102(a)(1)(A) of the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 
     2612(a)(1)(A)), employees''; and
       (2) by striking sections 3104 and 3105.

          Subtitle B--Emergency Paid Sick Leave Act Amendments

     SEC. 121. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of division E of the Families First 
     Coronavirus Response Act (Public Law 116-127).

     SEC. 122. PAID SICK TIME REQUIREMENT.

       (a) Uses.--Section 5102(a) is amended to read as follows:
       ``(a) In General.--An employer shall provide to each 
     employee employed by the employer paid sick time for any 
     qualifying need related to a public health emergency (as 
     defined in section 110(a)(2)(A) of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).''.
       (b) Recurrence.--Section 5102(b) is amended by striking 
     ``An'' and inserting ``During any 12-month period, an''.
       (c) Employers With Existing Policies.--Section 5102 is 
     amended by striking subsection (f) and inserting the 
     following:
       ``(f) Employers With Existing Policies.--With respect to an 
     employer that provides paid leave on the day before the date 
     of the enactment of this Act--
       ``(1) the paid sick time under this Act shall be made 
     available to employees of the employer in addition to such 
     paid leave; and
       ``(2) the employer may not change such paid leave on or 
     after such date of enactment to avoid being subject to 
     paragraph (1).''.
       (d) Intermittent Leave.--Section 5102 is further amended by 
     adding at the end the following:
       ``(g) Leave Taken Intermittently or on a Reduced Work 
     Schedule.--Leave under section 5102 may be taken by an 
     employee intermittently or on a reduced work schedule, 
     without regard to whether the employee and the employer of 
     the employee have an agreement with respect to whether such 
     leave may be taken intermittently or on a reduced work 
     schedule.''.
       (e) Certification.--Section 5102 is further amended by 
     adding at the end the following:
       ``(h) Certification.--If an employer requires that a 
     request for paid sick time under this section be certified--
       ``(1) the documentation described in paragraph (2) of 
     section 110(f) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2620(f)) shall be sufficient for certification; 
     and
       ``(2) an employer may not require such certification 
     unless--
       ``(A) the employee takes not less than 3 consecutive days 
     of paid sick time; and
       ``(B) the employer requires documents for such 
     certification not earlier than 7 workdays after the employee 
     returns to work after such paid sick time.''.
       (f) Notice.--Section 5102 is further amended by adding at 
     the end the following:
       ``(i) Notice.--In any case where the necessity for leave 
     under this section is foreseeable, an employee shall provide 
     the employer with such notice of leave as is practicable.''.
       (g) Leave Transfer to New Employer.--Section 5102 is 
     further amended by adding at the end the following:
       ``(j) Leave Transfer to New Employer.--A covered employee 
     who begins employment with a new covered employer shall be 
     entitled to the full amount of leave under section 5102 with 
     respect to such employer.''.
       (h) Restoration to Position.--
       (1) In general.--Section 5102 is further amended by adding 
     at the end the following:
       ``(k) Restoration to Position.--Any covered employee who 
     takes paid sick time under this section, on return from such 
     paid sick time, shall be entitled--
       ``(1) to be restored by the employer to the position of 
     employment held by the employee when the leave commenced; or

[[Page H5251]]

       ``(2) if such position is not available, to be restored to 
     an equivalent position with equivalent employment benefits, 
     pay, and other terms and conditions of employment.''.
       (2) Enforcement.--Section 5105 is amended--
       (A) by amending subsection (a) to read as follows:
       ``(a) Unpaid Sick Leave.--Subject to subsection (b), a 
     violation of section 5102 shall be deemed a violation of 
     section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     207) and unpaid amounts shall be treated as unpaid overtime 
     compensation under such section for the purposes of sections 
     15 and 16 of such Act (29 U.S.C. 215 and 216).''; and
       (B) in subsection (b), by inserting ``section 5102(k) or'' 
     before ``section 5104''.

     SEC. 123. SUNSET.

       Section 5109 is amended by striking ``December 31, 2020'' 
     and inserting ``February 28, 2021''.

     SEC. 124. DEFINITIONS.

       (a) Employer.--Section 5110(2)(B) is amended--
       (1) by striking ``terms'' and inserting ``term'';
       (2) by amending subclause (I) of clause (i) to read as 
     follows:

       ``(I) means any person engaged in commerce or in any 
     industry or activity affecting commerce that employs 1 or 
     more employees;''; and

       (3) by amending clause (ii) to read as follows:
       ``(ii) Public agency and non-profit organizations.--For 
     purposes of clause (i)(III) and (i)(I), a public agency and a 
     nonprofit organization shall be considered to be a person 
     engaged in commerce or in an industry or activity affecting 
     commerce.''.
       (b) FMLA Terms.--Section 5110(4) is amended to read as 
     follows:
       ``(4) FMLA terms.--
       ``(A) Section 101.--The terms `health care provider', `next 
     of kin', `son or daughter', and `spouse' have the meanings 
     given such terms in section 101 of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2611).
       ``(B) Section 110.--The terms `child care provider', 
     `domestic partner', `family member', `parent', and `school' 
     have the meanings given such terms in section 110(a)(2) of 
     the Family and Medical and Leave Act of 1993.''.
       (c) Paid Sick Time.--Section 5110(5) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``reason described in any 
     paragraph of section 2(a)'' and inserting ``qualifying need 
     related to a public health emergency''; and
       (B) in clause (ii), by striking ``exceed'' and all that 
     follows and inserting ``exceed $511 per day and $5,110 in the 
     aggregate.'';
       (2) in subparagraph (B)--
       (A) by striking the following:
       ``(B) Required compensation.--
       ``(i) In general.--Subject to subparagraph (A)(ii),''; and 
     inserting the following:
       ``(B) Required compensation.--Subject to subparagraph 
     (A)(ii),''; and
       (B) by striking clause (ii); and
       (3) in subparagraph (C), by striking `` section 2(a)'' and 
     inserting ``section 5102(a)''.
       (d) Qualifying Need Related to a Public Health Emergency.--
     Section 5110 is amended by adding at the end the following:
       ``(1) Qualifying need related to a public health 
     emergency.--The term `qualifying need related to a public 
     health emergency' has the meaning given such term in section 
     110(a)(2)(A) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2620(a)(2)(A)).''.

     SEC. 125. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS AND THE 
                   TRANSPORTATION SECURITY ADMINISTRATION FOR 
                   PURPOSES RELATING TO COVID-19.

       Section 5110(1) is further amended--
       (1) in subparagraph (E) by striking ``or'' after ``Code;'';
       (2) by redesignating subparagraph (F) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) notwithstanding sections 7421(a) or 7425(b) of title 
     38, United States Code, or any other provision of law, an 
     employee of the Department of Veterans Affairs (including 
     employees under chapter 74 of such title);
       ``(G) any employee of the Transportation Security 
     Administration, including an employee under 111(d) of the 
     Aviation and Transportation Security Act (49 U.S.C. 44935 
     note); or''.

     SEC. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 
                   MANAGEMENT AND BUDGET TO EXCLUDE CERTAIN 
                   EMPLOYEES.

       Division E is amended by striking section 5112.

     SEC. 127. REGULATORY AUTHORITIES.

       (a) In General.--Division E is amended by striking section 
     5111.
       (b) Force or Effect of Regulations.--Any regulation issued 
     under section 5111 of division E of the Families First 
     Coronavirus Response Act (Public Law 116-127), as in effect 
     on the day before the date of the enactment of this Act, 
     shall have no force or effect.

         TITLE II--COVID-19 EVERY WORKER PROTECTION ACT OF 2020

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``COVID-19 Every Worker 
     Protection Act of 2020''.

     SEC. 202. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.

       (a) Emergency Temporary Standard.--
       (1) In general.--In consideration of the grave danger 
     presented by COVID-19 and the need to strengthen protections 
     for employees, not later than 7 days after the date of the 
     enactment of this Act, the Secretary of Labor shall 
     promulgate an emergency temporary standard to protect from 
     occupational exposure to SARS-CoV-2--
       (A) employees of health care sector employers;
       (B) employees of employers in paramedic and emergency 
     medical services, including such services provided by 
     firefighters and other emergency responders; and
       (C) employees of employers in other sectors or occupations, 
     including mortuary services, food processing (including 
     poultry, meat, and seafood), agriculture and crop harvesting, 
     manufacturing, indoor and outdoor construction, correctional 
     centers, jails, and detention centers, transportation 
     (including airports, train stations, and bus stations), 
     retail and wholesale grocery, warehousing and package and 
     mail processing and delivery services, call centers, 
     education, social service and daycare, homeless shelters, 
     hotels, restaurants and bars, drug stores and pharmacies, and 
     retail establishments.
       (2) Consultation.--In developing the standard under this 
     subsection, the Secretary of Labor--
       (A) shall consult with--
       (i) the Director of the Centers for Disease Control and 
     Prevention; and
       (ii) the Director of the National Institute for 
     Occupational Safety and Health; and
       (B) may consult with the professional associations and 
     representatives of the employees described in paragraph (1).
       (3) Enforcement discretion.--If the Secretary of Labor 
     determines it is not feasible for an employer to comply with 
     a requirement of the standard promulgated under this 
     subsection (such as a shortage of the necessary personal 
     protective equipment), the Secretary may exercise discretion 
     in the enforcement of such requirement if the employer 
     demonstrates that the employer--
       (A) is exercising due diligence to come into compliance 
     with such requirement; and
       (B) is implementing alternative methods and measures to 
     protect employees.
       (4) Extension of standard.--Notwithstanding paragraphs (2) 
     and (3) of section 6(c) of the Occupational Safety and Health 
     Act of 1970 (29 U.S.C. 655(c)), the emergency temporary 
     standard promulgated under this subsection shall be in effect 
     until the date on which the final standard promulgated under 
     subsection (b) is in effect.
       (5) State plan adoption.--With respect to a State with a 
     State plan that has been approved by the Secretary of Labor 
     under section 18 of the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 667), not later than 14 days after the date 
     of the enactment of this Act, such State shall promulgate an 
     emergency temporary standard that is at least as effective in 
     protecting from occupational exposure to SARS-CoV-2 the 
     employees described in paragraph (1) as the emergency 
     temporary standard promulgated under this subsection.
       (6) Employer defined.--For purposes of the standard 
     promulgated under this subsection, the term ``employer'' (as 
     defined in section 3 of the Occupational Safety and Health 
     Act of 1970 (29 U.S.C. 652)) includes any State or political 
     subdivision of a State, except for a State or political 
     subdivision of a State already subject to the jurisdiction of 
     a State plan approved under section 18(b) of the Occupational 
     Safety and Health Act of 1970 (29 U.S.C. 667(b)).
       (7) Requirements.--The standard promulgated under this 
     subsection shall include--
       (A) a requirement that any employer of an employee in an 
     occupation or sector described in paragraph (1)--
       (i) conduct a hazard assessment to assess risks of 
     occupational exposure to SARS-CoV-2;
       (ii) develop and implement an exposure control plan, based 
     on the hazard assessment mandated in clause (i), with the 
     input and involvement of employees or the representatives of 
     employees, as appropriate, to address the risk of 
     occupational exposure in such sectors and occupations;
       (iii) provide job specific training and education to such 
     employees on such standard, the plan under clause (ii), and 
     prevention of the transmission of SARS-CoV-2;
       (iv) implement, as appropriate, engineering controls, 
     including ventilation; work practice controls (including 
     physical distancing of not less than 6 feet while on the job 
     and during paid breaks); and appropriate respiratory 
     protection and other personal protective equipment;
       (v) develop and implement procedures for--

       (I) sanitation of the work environment;
       (II) screening of employees for signs and symptoms of 
     COVID-19;
       (III) the return to work for employees who previously 
     tested positive for COVID-19 or who showed signs or symptoms 
     of COVID-19; and
       (IV) ensuring that subcontractors comply with the 
     procedures under subclauses (I) through (III); and

       (vi) record and report each work-related COVID-19 infection 
     and death, as set forth in part 1904 of title 29, Code of 
     Federal Regulations (as in effect on the date of the 
     enactment of this Act);
       (B) no less protection for novel pathogens than precautions 
     mandated by standards adopted by a State plan that has been 
     approved by the Secretary of Labor under section 18 of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 667);
       (C) the incorporation, as appropriate, of--
       (i) guidelines issued by the Centers for Disease Control 
     and Prevention, the National Institute for Occupational 
     Safety and Health, and the Occupational Safety and Health 
     Administration which are designed to prevent the transmission 
     of infectious agents in health care or other occupational 
     settings; and
       (ii) relevant scientific research on novel pathogens; and
       (D) a requirement for each employer to--
       (i) maintain a COVID-19 employee infection log, notify its 
     own employees and report to the appropriate health department 
     of each confirmed positive COVID-19 diagnosis of an employee 
     within 24 hours of the employer learning

[[Page H5252]]

     of such confirmed positive diagnosis, whether or not the 
     infection is work-related, consistent with the 
     confidentiality requirements of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the HIPAA 
     privacy regulations (defined in section 1180(b)(3) of the 
     Social Security Act (42 U.S.C. 1320d-9(b)) and other 
     applicable Federal regulations; and
       (ii) report to the Occupational Safety and Health 
     Administration any outbreak of three or more confirmed 
     positive COVID-19 diagnoses that have occurred among 
     employees present at the place of employment within a 14-day 
     period, not later than 24 hours after the employer is made 
     aware of such an outbreak.
       (8) Inapplicable provisions of law and executive order.--
     The following provisions of law and Executive orders shall 
     not be applicable with respect to the standard promulgated 
     under this subsection:
       (A) The requirements of chapter 6 of title 5, United States 
     Code (commonly referred to as the ``Regulatory Flexibility 
     Act'').
       (B) Subchapter I of chapter 35 of title 44, United States 
     Code (commonly referred to as the ``Paperwork Reduction 
     Act'').
       (C) The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 
     et seq.).
       (D) Executive Order 12866 (58 Fed. Reg. 190; relating to 
     regulatory planning and review), as amended.
       (E) Executive Order 13771 (82 Fed. Reg. 9339, relating to 
     reducing regulation and controlling regulatory costs).
       (b) Permanent Standard.--Not later than 24 months after the 
     date of the enactment of this Act, the Secretary of Labor 
     shall, pursuant to section 6 of the Occupational Safety and 
     Health Act (29 U.S.C. 655), promulgate a final standard--
       (1) to protect employees described in subsection (a)(1) 
     from occupational exposure to infectious pathogens, including 
     novel pathogens; and
       (2) that shall be effective and enforceable in the same 
     manner and to the same extent as a standard promulgated under 
     section 6(b) of the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 655(b)).
       (c) Anti-retaliation.--
       (1) Policy.--Each standard promulgated under this section 
     shall require employers to adopt a policy prohibiting the 
     discrimination and retaliation described in paragraph (2) by 
     any person (including an agent of the employer).
       (2) Prohibition.--No employer (including an agent of the 
     employer) shall discriminate or retaliate against an employee 
     for--
       (A) reporting to the employer, to a local, State, or 
     Federal government agency, or to the media or on a social 
     media platform--
       (i) a violation of a standard promulgated pursuant to this 
     Act;
       (ii) a violation of an infectious disease exposure control 
     plan described in subsection (c)(1); or
       (iii) a good faith concern about a workplace infectious 
     disease hazard;
       (B) seeking assistance or intervention from the employer or 
     a local, State, or Federal government agency with respect to 
     such a report;
       (C) voluntary use of personal protective equipment with a 
     higher level of protection than is provided by the employer; 
     or
       (D) exercising any other right under the Occupational 
     Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
       (3) Enforcement.--This subsection shall be enforced in the 
     same manner and to the same extent as any standard 
     promulgated under section 6(b) of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 655(b)).
       (d) Effect on Other Laws, Regulations, or Orders.--
       (1) In general.--Nothing in this Act shall be construed 
     to--
       (A) curtail or limit authority of the Secretary under any 
     other provision of law; or
       (B) preempt the application of any other statute, 
     regulation, or order of any State or local government related 
     to SARS-CoV-2 in the workplace except to the extent that such 
     provisions are inconsistent with this Act, or a standard 
     promulgated pursuant to this Act, and in such case only to 
     the extent of the inconsistency.
       (2) Equal or greater protection.--A provision of law, 
     regulation, or order of a State or local government shall not 
     be considered inconsistent with this Act or standard 
     promulgated under this Act under paragraph (1)(B) if such 
     provision provides equal or greater health or safety 
     protection to an employee than the protection provided under 
     this Act, an Emergency Temporary Standard, or a final 
     standard promulgated under this Act.

     SEC. 203. REPORTING, TRACKING, INVESTIGATION AND SURVEILLANCE 
                   OF COVID-19 INFECTIONS AND OUTBREAKS.

       The Director of the Centers for Disease Control and 
     Prevention, in conjunction with the Director of the National 
     Institute for Occupational Safety and Health, in cooperation 
     with State and territorial health departments, shall--
       (1) collect and analyze case reports, including information 
     on the work status, occupation, and industry classification 
     of an individual, and other data on COVID-19, to identify and 
     evaluate the extent, nature, and source of COVID-19 among 
     employees described in section (a)(1);
       (2) compile data and statistics on COVID-19 among such 
     employees and provide to the public periodic reports on such 
     data and statistics; and
       (3) based on such reports, make recommendations on needed 
     actions or guidance to protect such employees.

  TITLE III--COVID-19 PROTECTIONS UNDER LONGSHORE AND HARBOR WORKERS' 
                            COMPENSATION ACT

     SEC. 301. COMPENSATION PURSUANT TO THE LONGSHORE AND HARBOR 
                   WORKERS' COMPENSATION ACT.

       (a) Entitlement to Compensation.--
       (1) In general.--A covered employee who receives a 
     diagnosis or is subject to an order described in paragraph 
     (2)(B) and who provides notice of or files a claim relating 
     to such diagnosis or order under section 12 or 13 of the 
     Longshore and Harbor Workers' Compensation Act (33 U.S.C. 
     912, 913), respectively, shall--
       (A) be deemed to have an injury arising out of or in the 
     course of employment for which compensation is payable under 
     the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 
     901 et seq.); and
       (B) be paid the compensation to which the employee is 
     entitled under such Act (33 U.S.C. 901 et seq.).
       (2) Covered employee.--In this section, the term ``covered 
     employee'' means an employee who--
       (A) at any time during the period beginning on January 27, 
     2020, and ending on January 27, 2022, was engaged in maritime 
     employment; and
       (B) was--
       (i) at any time during the period beginning on January 27, 
     2020, and ending on February 27, 2022, diagnosed with COVID-
     19; or
       (ii) at any time during the period described in 
     subparagraph (A), ordered not to return to work by the 
     employee's employer or by a local, State, or Federal agency 
     because of exposure, or the risk of exposure, to 1 or more 
     individuals diagnosed with COVID-19 in the workplace.
       (b) Reimbursement.--
       (1) In general.--
       (A) Entitlement.--Subject to subparagraph (B), an employer 
     of a covered employee or the employer's carrier shall be 
     entitled to reimbursement for any compensation paid with 
     respect to a notice or claim described in subsection (a), 
     including disability benefits, funeral and burial expenses, 
     medical or other related costs for treatment and care, and 
     reasonable and necessary allocated claims expenses.
       (B) Safety and health requirements.--To be entitled to 
     reimbursement under subparagraph (A)--
       (i) an employer shall be in compliance with all applicable 
     safety and health guidelines and standards that are related 
     to the prevention of occupational exposure to the novel 
     coronavirus that causes COVID-19, including such guidelines 
     and standards issued by the Occupational Safety and Health 
     Administration, State plans approved under section 18 of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 667), 
     the Coast Guard, and Federal, State or local public health 
     authorities; and
       (ii) a carrier--

       (I) shall be a carrier for an employer that is in 
     compliance with clause (i); and
       (II) shall not adjust the experience rating or the annual 
     premium of the employer based upon the compensation paid by 
     the carrier with respect to a notice or claim described in 
     subparagraph (A).

       (2) Reimbursement procedures.--To receive reimbursement 
     under paragraph (1)--
       (A) a claim for such reimbursement shall be submitted to 
     the Secretary of Labor--
       (i) not later than one year after the final payment of 
     compensation to a covered employee pursuant to this section; 
     and
       (ii) in the same manner as a claim for reimbursement is 
     submitted in accordance with part 61 of title 20, Code of 
     Federal Regulations (as in effect on the date of the 
     enactment of this Act); and
       (B) an employer and the employer's carrier shall make, 
     keep, and preserve such records, make such reports, and 
     provide such information, as the Secretary of Labor 
     determines necessary or appropriate to carry out this 
     section.
       (c) Special Fund.--
       (1) In general.--A reimbursement under paragraph (1) shall 
     be paid out of the special fund established in section 44 of 
     Longshore and Harbor Workers' Compensation Act (33 U.S.C. 
     944).
       (2) Funding.--There are authorized to be appropriated, and 
     there are appropriated, such funds as may be necessary to 
     reimburse the special fund described in paragraph (1) for 
     each reimbursement paid out of such fund under paragraph (1).
       (d) Report.--Not later than 60 days after the end of fiscal 
     year 2020, 2021, and 2022, the Secretary of Labor shall 
     submit to the Committee on Education and Labor of the House 
     of Representatives and the Committee on Health, Education, 
     Labor and Pensions of the Senate, an annual report 
     enumerating--
       (1) the number of claims filed pursuant to section (a)(1);
       (2) of such filed claims--
       (A) the number and types of claims approved under section 
     13 of the Longshore and Harbor Workers' Compensation Act (33 
     U.S.C. 913);
       (B) the number and types of claims denied under such 
     section;
       (C) the number and types of claims pending under such 
     section; and
       (3) the amounts and the number of claims for reimbursement 
     paid out of the special fund under subsection (c)(1) for the 
     fiscal year for which the report is being submitted.
       (e) Regulations.--The Secretary of Labor may promulgate 
     such regulations as may be necessary to carry out this 
     section.
       (f) Definitions.--In this section:
       (1) LHWCA terms.--The terms ``carrier'', ``compensation'', 
     ``employee'', and ``employer'' have the meanings given the 
     terms in section 2 of the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 902).
       (2) Novel coronavirus.--The term ``novel coronavirus'' 
     means SARS-CoV-2.

[[Page H5253]]

  


   TITLE IV--WORKER'S COMPENSATION FOR FEDERAL AND POSTAL EMPLOYEES 
                        DIAGNOSED WITH COVID-19

     SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS' 
                   COMPENSATION BENEFITS FOR FEDERAL EMPLOYEES 
                   DIAGNOSED WITH COVID-19.

       (a) In General.--An employee who is diagnosed with COVID-19 
     during the period described in subsection (b)(2)(A) shall, 
     with respect to any claim made by or on behalf of the 
     employee for benefits under subchapter I of chapter 81 of 
     title 5, United States Code, be deemed to have an injury 
     proximately caused by exposure to coronavirus arising out of 
     the nature of the employee's employment and be presumptively 
     entitled to such benefits, including disability compensation, 
     medical services, and survivor benefits.
       (b) Definitions.--In this section--
       (1) the term ``coronavirus'' means SARS- CoV-2 or another 
     coronavirus with pandemic potential; and
       (2) the term ``employee''--
       (A) means an employee as that term is defined in section 
     8101(1) of title 5, United States Code, (including an 
     employee of the United States Postal Service, the 
     Transportation Security Administration, or the Department of 
     Veterans Affairs, including any individual appointed under 
     chapter 73 or 74 of title 38, United States Code) employed in 
     the Federal service at anytime during the period beginning on 
     January 27, 2020, and ending on January 30, 2022--
       (i) who carried out duties requiring contact with patients, 
     members of the public, or co-workers; or
       (ii) whose duties include a risk of exposure to the 
     coronavirus; and
       (B) does not include any employee otherwise covered by 
     subparagraph (A) who is teleworking on a full-time basis in 
     the period described in such subparagraph prior to a 
     diagnosis with COVID-19.

      TITLE V--COVID-19 WORKFORCE DEVELOPMENT RESPONSE ACTIVITIES

     SEC. 501. DEFINITIONS.

       (a) In General.--Except as otherwise provided, the terms in 
     this title have the meanings given the terms in section 3 of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3102).
       (b) Coronavirus.--The term ``coronavirus'' means 
     coronavirus as defined in section 506 of the Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020 (Public Law 116-123).
       (c) Covid-19 National Emergency.--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.) on March 13, 2020, with respect to the 
     coronavirus.
       (d) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.

     SEC. 502. JOB CORPS RESPONSE TO THE COVID-19 NATIONAL 
                   EMERGENCY.

       In order to provide for the successful continuity of 
     services and enrollment periods during the COVID-19 national 
     emergency, additional flexibility shall be provided for Job 
     Corps operators, providers of eligible activities, and 
     practitioners, including the following:
       (1) Eligibility.--Notwithstanding the age requirements for 
     enrollment under section 144(a)(1) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)), an 
     individual seeking to enroll in Job Corps and who turns 25 
     during the COVID-19 national emergency is eligible for such 
     enrollment during or up to one year after the end of the 
     qualifying emergency.
       (2) Enrollment length.--Notwithstanding section 146(b) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3196(b)), an individual enrolled in Job Corps during the 
     COVID-19 national emergency may extend their period of 
     enrollment for more than 2 years as long as such extension 
     does not exceed a 2-year, continuous period of enrollment 
     after the COVID-19 national emergency.
       (3) Advanced career training programs.--Notwithstanding 
     paragraph (2), with respect to advanced career training 
     programs under section 148(c) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3198(c)) in which the enrollees 
     may continue to participate for a period not to exceed 1 year 
     in addition to the period of participation to which the 
     enrollees would otherwise be limited, the COVID-19 national 
     emergency shall not be considered as any portion of such 
     additional 1-year participation period.
       (4) Counseling, job placement, and assessment.--The 
     counseling, job placement, and assessment services described 
     in section 149 of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3199) shall be available to former enrollees--
       (A) whose enrollment was interrupted due to the COVID-19 
     national emergency;
       (B) who graduated from Job Corps on or after January 1, 
     2020; or
       (C) who graduated from Job Corps not later than 3 months 
     after the COVID-19 national emergency.
       (5) Support.--The Secretary shall provide additional 
     support for the transition periods described in section 150 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3200), including the following:
       (A) Transition allowances.--The Secretary shall provide, 
     subject to the availability of appropriations, for the 
     provision of additional transition allowances as described in 
     subsection (b) of such section for Job Corps students who 
     graduate during the periods described in subparagraph (B) or 
     (C) of paragraph (4).
       (B) Transition support.--The Secretary shall consider the 
     period during the COVID-19 national emergency and the three 
     month period following the conclusion of the COVID-19 
     national emergency as the period in which the provision of 
     employment services as described in subsection (c) of such 
     section shall be provided to graduates who have graduated in 
     2020.
       (6) Enrollment eligibility.--The requirements described in 
     sections 145(a)(2)(A) and 152(b)(2)(B) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3195(a)(2)(A) and 
     29 U.S.C. 3202(b)(2)(B)) shall be applicable only for 
     students participating onsite or once returning to onsite 
     after participating in distance learning.
       (7) Effectively supporting distance learning.--The 
     Secretary shall take such steps necessary to modify the 
     agreements required by Sec. 147(a) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3197(a)(1)) to 
     enable operators and service providers to purchase, within 
     the limitations of the contract values or established annual 
     budgets for Job Corps Centers, any equipment, supplies, and 
     services that the operators or service providers determine 
     are necessary to facilitate effective virtual learning and to 
     protect the health of students and staff on-center during the 
     COVID-19 national emergency, including distance learning 
     technology for students and COVID-19 testing, and shall allow 
     students to retain permanent possession of such equipment and 
     technology without financial penalty regardless of their 
     enrollment status.

     SEC. 503. MIGRANT AND SEASONAL FARMWORKER PROGRAM RESPONSE.

       During the COVID-19 national emergency, for the purposes of 
     section 167(i)(3)(A) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term ``low 
     income individual'' shall include an individual with a total 
     family income equal to or less than 150 percent of the 
     poverty line.

     SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING TO THE COVID-19 
                   NATIONAL EMERGENCY.

       During the COVID-19 national emergency, the Secretary shall 
     provide for flexibility for YouthBuild participants and 
     entities carrying out YouthBuild programs, including the 
     following:
       (1) Eligibility.--Notwithstanding the age requirements for 
     enrollment under section 171(e)(1)(A)(i) of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3226(e)(1)(A)(i)), 
     an individual seeking to participate in a YouthBuild program 
     and who turns 25 during the COVID-19 national emergency is 
     eligible for such participation.
       (2) Participation length.--Notwithstanding section 
     171(e)(2) of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3226(e)(2)), the period of participation in a 
     YouthBuild program may extend beyond 24 months for an 
     individual participating in such program during the COVID-19 
     national emergency, as long as such extension does not exceed 
     a 24 month, continuous period of enrollment after the COVID-
     19 national emergency.

     SEC. 505. APPRENTICESHIP SUPPORT DURING THE COVID-19 NATIONAL 
                   EMERGENCY.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary shall identify and disseminate 
     strategies and tools to support virtual and online learning 
     and training in apprenticeship programs.

           DIVISION D--HUMAN SERVICES AND COMMUNITY SUPPORTS

     SEC. 100. SHORT TITLE.

       This division may be cited as the ``Human Services and 
     Community Supports Act''.

         TITLE I--STRONGER CHILD ABUSE PREVENTION AND TREATMENT

                      Subtitle A--General Program

     SEC. 101. REPEAL OF FINDINGS.

       Section 2 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5101 note) is repealed.

     SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE AND 
                   NEGLECT.

       Section 102 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5102) is repealed.

     SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       Section 103 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5104) is amended--
       (1) in subsection (b)(1), by inserting ``early learning 
     programs and'' after ``including'';
       (2) in subsection (c)(1)(C)--
       (A) in clause (iii), by striking ``and'' at the end;
       (B) in clause (iv), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(v) the number of child fatalities and near fatalities 
     due to maltreatment, as reported by States in accordance with 
     the uniform standards established pursuant to subsection (d), 
     and any other relevant information related to such 
     fatalities;''; and
       (3) by adding at the end the following:
       ``(d) Uniform Standards for Tracking and Reporting of Child 
     Fatalities Resulting From Maltreatment.--
       ``(1) Regulations required.--Not later than 24 months after 
     the date of the enactment of the Human Services and Community 
     Supports Act, the Secretary shall develop and issue final 
     regulations establishing uniform standards for the tracking 
     and reporting of child fatalities and near-fatalities 
     resulting from maltreatment. As a condition on eligibility 
     for receipt of funds under section 106, the standards 
     established under this paragraph shall be used by States for 
     the tracking and reporting of such fatalities under 
     subsection (d) of such section.
       ``(2) Maintenance of state law.--Notwithstanding the 
     uniform standards developed under paragraph (1), a State that 
     defines or describes such fatalities for any purpose other 
     than tracking and reporting under this subsection may 
     continue to use that definition or description for such 
     purpose.

[[Page H5254]]

       ``(3) Negotiated rulemaking.--In developing regulations 
     under paragraph (1), the Secretary shall submit such 
     regulations to a negotiated rulemaking process, which shall 
     include the participants described in paragraph (4).
       ``(4) Participants described.--The participants described 
     in this paragraph are--
       ``(A) State and county officials responsible for 
     administering the State plans under this Act and parts B and 
     E of title IV of the Social Security Act (42 U.S.C. 621 et 
     seq., 670 et seq.);
       ``(B) child welfare professionals with field experience;
       ``(C) child welfare researchers;
       ``(D) domestic violence researchers;
       ``(E) domestic violence professionals;
       ``(F) child development professionals;
       ``(G) mental health professionals;
       ``(H) pediatric emergency medicine physicians;
       ``(I) child abuse pediatricians, as certified by the 
     American Board of Pediatrics, who specialize in treating 
     victims of child abuse;
       ``(J) forensic pathologists;
       ``(K) public health administrators;
       ``(L) public health researchers;
       ``(M) law enforcement;
       ``(N) family court judges;
       ``(O) prosecutors;
       ``(P) medical examiners and coroners;
       ``(Q) a representative from the National Center for 
     Fatality Review and Prevention; and
       ``(R) such other individuals and entities as the Secretary 
     determines to be appropriate.''.

     SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.

       Section 104 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5105) is amended--
       (1) in subsection (a)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Topics.--The Secretary shall, in consultation with 
     other Federal agencies and recognized experts in the field, 
     carry out a continuing interdisciplinary program of research, 
     including longitudinal research, that is designed to provide 
     information needed to improve primary prevention of child 
     abuse and neglect, better protect children from child abuse 
     or neglect, and improve the well-being of victims of child 
     abuse or neglect, with at least a portion of such research 
     being field initiated. Such research program may focus on--
       ``(A) disseminating evidence-based treatment directed to 
     individuals and families experiencing trauma due to child 
     abuse and neglect, including efforts to improve the 
     scalability of the treatments and programs being researched;
       ``(B) developing a set of evidence-based approaches to 
     support child and family well-being and developing ways to 
     identify, relieve, and mitigate stressors affecting families 
     in rural, urban, and suburban communities;
       ``(C) establishing methods to promote racial equity in the 
     child welfare system, including a focus on how neglect is 
     defined, how services are provided, and the unique impact on 
     Native American, Alaska Native, and Native Hawaiian 
     communities;
       ``(D) improving service delivery or outcomes for child 
     welfare service agencies engaged with families experiencing 
     domestic violence, substance use disorder, or other complex 
     needs;
       ``(E) the extent to which the number of unsubstantiated, 
     unfounded, and false reported cases of child abuse or neglect 
     have contributed to the inability of a State to respond 
     effectively to serious cases of child abuse or neglect;
       ``(F) the extent to which the lack of adequate resources 
     and the lack of adequate professional development of 
     individuals required by law to report suspected cases of 
     child abuse and neglect have contributed to the inability of 
     a State to respond effectively to serious cases of child 
     abuse and neglect;
       ``(G) the extent to which unsubstantiated reports return as 
     more serious cases of child abuse or neglect;
       ``(H) the incidence and outcomes of child abuse and neglect 
     allegations reported within the context of divorce, custody, 
     or other family court proceedings, and the interaction 
     between family courts and the child protective services 
     system;
       ``(I) the information on the national incidence of child 
     abuse and neglect specified in clauses (i) through (xi) of 
     subparagraph (J); and
       ``(J) the national incidence of child abuse and neglect, 
     including--
       ``(i) the extent to which incidents of child abuse and 
     neglect are increasing or decreasing in number and severity;
       ``(ii) the incidence of substantiated and unsubstantiated 
     reported child abuse and neglect cases;
       ``(iii) the number of substantiated cases that result in a 
     judicial finding of child abuse or neglect or related 
     criminal court convictions;
       ``(iv) the extent to which the number of unsubstantiated, 
     unfounded and false reported cases of child abuse or neglect 
     have contributed to the inability of a State to respond 
     effectively to serious cases of child abuse or neglect;
       ``(v) the extent to which the lack of adequate resources 
     and the lack of adequate education of individuals required by 
     law to report suspected cases of child abuse and neglect have 
     contributed to the inability of a State to respond 
     effectively to serious cases of child abuse and neglect;
       ``(vi) the number of unsubstantiated, false, or unfounded 
     reports that have resulted in a child being placed in 
     substitute care, and the duration of such placement;
       ``(vii) the extent to which unsubstantiated reports return 
     as more serious cases of child abuse or neglect;
       ``(viii) the incidence and prevalence of physical, sexual, 
     and emotional abuse and physical and emotional neglect in 
     substitute care;
       ``(ix) the incidence and prevalence of child maltreatment 
     by a wide array of demographic characteristics such as age, 
     sex, race, family structure, household relationship 
     (including the living arrangement of the resident parent and 
     family size), school enrollment and education attainment, 
     disability, grandparents as caregivers, labor force status, 
     work status in previous year, and income in previous year;
       ``(x) the extent to which reports of suspected or known 
     instances of child abuse or neglect involving a potential 
     combination of jurisdictions, such as intrastate, interstate, 
     Federal-State, and State-Tribal, are being screened out 
     solely on the basis of the cross-jurisdictional 
     complications; and
       ``(xi) the incidence and outcomes of child abuse and 
     neglect allegations reported within the context of divorce, 
     custody, or other family court proceedings, and the 
     interaction between family courts and the child protective 
     services system.'';
       (B) in paragraph (2), by striking ``paragraph (1)(O)'' and 
     inserting ``paragraph (1)(J)'';
       (C) by amending paragraph (3) to read as follows:
       ``(3) Reporting requirements.--
       ``(A) In general.--Not later than 4 years after the date of 
     the enactment of the Human Services and Community Supports 
     Act, the Secretary shall prepare and submit to the Committee 
     on Education and Labor of the House of Representatives and 
     the Committee on Health, Education, Labor and Pensions of the 
     Senate a report that contains the results of the research 
     conducted under paragraph (2).
       ``(B) National incidence.--The Secretary shall ensure that 
     research conducted, and data collected, under paragraph 
     (1)(J) are reported in a way that will allow longitudinal 
     comparisons as well as comparisons to the national incidence 
     studies conducted under this title.''; and
       (D) by striking the second paragraph (4);
       (2) in subsection (b), by amending paragraph (2) to read as 
     follows:
       ``(2) Areas of emphasis.--Such technical assistance--
       ``(A) shall focus on--
       ``(i) implementing strategies that can leverage existing 
     community-based and State funded resources to prevent child 
     abuse and neglect and providing education for individuals 
     involved in prevention activities;
       ``(ii) reducing racial bias in child welfare systems, 
     including how such systems interact with health, law 
     enforcement, and education systems;
       ``(iii) promoting best practices for families experiencing 
     domestic violence, substance use disorder, or other complex 
     needs; and
       ``(iv) providing professional development and other 
     technical assistance to child welfare agencies to improve the 
     understanding of and to help address the effects of trauma 
     and adverse childhood experiences in parents and children in 
     contact with the child welfare system; and
       ``(B) may include the identification of--
       ``(i) various methods and procedures for the investigation, 
     assessment, and prosecution of child physical and sexual 
     abuse cases;
       ``(ii) ways to mitigate psychological trauma to the child 
     victim;
       ``(iii) effective programs carried out by the States under 
     titles I and II; and
       ``(iv) effective approaches being utilized to link child 
     protective service agencies with health care, mental health 
     care, and developmental services and early intervention to 
     improve forensic diagnosis and health evaluations, and 
     barriers and shortages to such linkages.'';
       (3) in subsection (c), by striking paragraph (3); and
       (4) by striking subsection (e).

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

       Section 105 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraph (7) as paragraph (11);
       (B) by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) Prevention services.--The Secretary may award grants 
     under this subsection to entities to establish or expand 
     prevention services that reduce incidences of child 
     maltreatment and strengthen families.
       ``(2) Traumatic stress.--The Secretary may award grants 
     under this subsection to entities to address instances of 
     traumatic stress in families due to child abuse and neglect, 
     especially for families with complex needs or families that 
     exhibit high levels of adverse childhood experiences.
       ``(3) Promoting a high-quality workforce.--The Secretary 
     may award grants under this subsection to entities to carry 
     out programs or strategies that promote a high-quality 
     workforce in the child welfare system through---
       ``(A) improvements to recruitment, support, or retention 
     efforts; or
       ``(B) education for professionals and paraprofessionals in 
     the prevention, identification, and treatment of child abuse 
     and neglect.
       ``(4) Improving coordination.--The Secretary may award 
     grants under this subsection to entities to carry out 
     activities to improve intrastate coordination within the 
     child welfare system. Such activities may include--
       ``(A) aligning information technology systems;
       ``(B) improving information sharing regarding child and 
     family referrals; or
       ``(C) creating collaborative voluntary partnerships among 
     public and private agencies, the State's child protective 
     services, local social service agencies, community-based 
     family support programs, State and local legal agencies, 
     developmental disability agencies, substance use disorder 
     treatment providers, health care providers and agencies, 
     domestic violence prevention programs, mental health 
     services, schools and early learning providers, religious 
     entities, and other community-based programs.
       ``(5) Primary prevention.--The Secretary may award grants 
     under this subsection to entities to carry out or expand 
     primary prevention

[[Page H5255]]

     programs or strategies that address family or community 
     protective factors.
       ``(6) Neglect due to economic insecurity.--The Secretary 
     may award grants under this subsection to entities to carry 
     out programs or strategies that reduce findings of child 
     neglect due in full or in part to family economic insecurity.
       ``(7) Education of mandatory reporters.--The Secretary may 
     award grants under this subsection to entities for projects 
     that involve research-based strategies for innovative 
     education of mandated child abuse and neglect reporters, and 
     for victims to understand mandatory reporting.
       ``(8) Sentinel injuries.--The Secretary may award grants 
     under this subsection to entities to identify and test 
     effective practices to improve early detection and management 
     of injuries indicative of potential abuse in infants to 
     prevent future cases of child abuse and related fatalities.
       ``(9) Innovative partnerships.--The Secretary may award 
     grants under this subsection to entities to carry out 
     innovative programs or strategies to coordinate the delivery 
     of services to help reduce child abuse and neglect via 
     partnerships among health, mental health, education 
     (including early learning and care programs as appropriate), 
     and child welfare agencies and providers.
       ``(10) Reducing child abuse and neglect due to the 
     substance use disorder of a parent or caregiver.--The 
     Secretary may award grants under this subsection to entities 
     to carry out activities to reduce child abuse and neglect due 
     to the substance use disorder of a parent or caregiver.''; 
     and
       (C) by adding at the end the following:
       ``(12) National child abuse hotline.--
       ``(A) In general.--The Secretary may award a grant under 
     this subsection to a nonprofit entity to provide for the 
     ongoing operation of a 24-hour, national, toll-free telephone 
     hotline to provide information and assistance to youth 
     victims of child abuse or neglect, parents, caregivers, 
     mandated reporters, and other concerned community members, 
     including through alternative modalities for communications 
     (such as texting or chat services) with such victims and 
     other information seekers.
       ``(B) Priority.--In awarding grants described in this 
     paragraph, the Secretary shall give priority to applicants 
     with experience in operating a hotline that provides 
     assistance to victims of child abuse, parents, caregivers, 
     and mandated reporters.
       ``(C) Application.--To be eligible to receive a grant 
     described in this paragraph, a nonprofit entity shall submit 
     an application to the Secretary that shall--
       ``(i) contain such assurances and information, be in such 
     form, and be submitted in such manner, as the Secretary shall 
     prescribe;
       ``(ii) include a complete description of the entity's plan 
     for the operation of a national child abuse hotline, 
     including descriptions of--

       ``(I) the professional development program for hotline 
     personnel, including technology professional development to 
     ensure that all persons affiliated with the hotline are able 
     to effectively operate any technological systems used by the 
     hotline;
       ``(II) the qualifications for hotline personnel;
       ``(III) the methods for the creation, maintenance, and 
     updating of a comprehensive list of prevention and treatment 
     service providers;
       ``(IV) a plan for publicizing the availability of the 
     hotline throughout the United States;
       ``(V) a plan for providing service to non-English speaking 
     callers, including service through hotline personnel who have 
     non-English language capability;
       ``(VI) a plan for facilitating access to the hotline and 
     alternative modality services by persons with hearing 
     impairments and disabilities;
       ``(VII) a plan for providing crisis counseling, general 
     assistance, and referrals to youth victims of child abuse; 
     and
       ``(VIII) a plan to offer alternative services to calling, 
     such as texting or live chat;

       ``(iii) demonstrate that the entity has the capacity and 
     the expertise to maintain a child abuse hotline and a 
     comprehensive list of service providers;
       ``(iv) demonstrate the ability to provide information and 
     referrals for contacts, directly connect contacts to service 
     providers, and employ crisis interventions;
       ``(v) demonstrate that the entity has a commitment to 
     providing services to individuals in need; and
       ``(vi) demonstrate that the entity complies with State 
     privacy laws and has established quality assurance 
     practices.''; and
       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Goals and Performance.--The Secretary shall ensure 
     that each entity receiving a grant under this section--
       ``(1) establishes quantifiable goals for the outcome of the 
     project funded with the grant; and
       ``(2) adequately measures the performance of the project 
     relative to such goals.
       ``(c) Performance Report Required.--
       ``(1) In general.--Each entity that receives a grant under 
     this section shall submit to the Secretary a performance 
     report that includes--
       ``(A) an evaluation of the effectiveness of the project 
     funded with the grant relative to the goals established for 
     such project under subsection (b)(1); and
       ``(B) data supporting such evaluation.
       ``(2) Submission.--The report under paragraph (1) shall be 
     submitted to the Secretary at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(d) Continuing Grants.--The Secretary may only award a 
     continuing grant to an entity under this section if such 
     entity submits a performance report required under subsection 
     (c) that demonstrates effectiveness of the project funded.''.

     SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       (a) Development and Operation Grants.--Subsection (a) of 
     section 106 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106a) is amended to read as follows:
       ``(a) Development and Operation Grants.--The Secretary 
     shall make grants to the States, from allotments under 
     subsection (f) for each State that applies for a grant under 
     this section, for purposes of assisting the States in 
     improving and implementing a child protective services system 
     that is family-centered, integrates community services, and 
     is capable of providing rapid response to high-risk cases, by 
     carrying out the following:
       ``(1) Conducting the intake, assessment, screening, and 
     investigation of reports of child abuse or neglect.
       ``(2) Ensuring that reports concerning a child's living 
     arrangements or subsistence needs are addressed through 
     services or benefits and that no child is separated from such 
     child's parent for reasons of poverty.
       ``(3) Creating and improving the use of multidisciplinary 
     teams and interagency, intra-agency, interstate, and 
     intrastate protocols to enhance fair investigations; and 
     improving legal preparation and representation.
       ``(4) Complying with the assurances in section 106(b)(2).
       ``(5) Establishing State and local networks of child and 
     family service providers that support child and family well-
     being, which shall--
       ``(A) include child protective services, as well as 
     agencies and service providers, that address family-
     strengthening, parenting skills, child development, early 
     childhood care and learning, child advocacy, public health, 
     mental health, substance use disorder treatment, domestic 
     violence, developmental disabilities, housing, juvenile 
     justice, elementary and secondary education, and child 
     placement; and
       ``(B) address instances of child abuse and neglect by 
     incorporating evaluations that assess the development of a 
     child, including language and communication, cognitive, 
     physical, and social and emotional development, the need for 
     mental health services, including trauma-related services, 
     trauma-informed care, and parental needs.
       ``(6) Ensuring child protective services is addressing the 
     safety of children and responding to parent and family needs, 
     which shall include--
       ``(A) family-oriented efforts that emphasize case 
     assessment and follow up casework focused on child safety and 
     child and parent well-being, which may include--
       ``(i) ensuring parents and children undergo physical and 
     mental health assessments, as appropriate, and ongoing 
     developmental monitoring;
       ``(ii) multidisciplinary approaches to assessing family 
     needs and connecting the family with services, including 
     prevention services under section 471 of the Social Security 
     Act (42 U.S.C. 671);
       ``(iii) organizing a treatment team with the goal of 
     preventing child abuse and neglect, and improving parent and 
     child well-being;
       ``(iv) case monitoring that supports child well-being; and
       ``(v) differential response efforts; and
       ``(B) establishing and maintaining a rapid response system 
     that responds promptly to all reports of child abuse or 
     neglect, with special attention to cases involving children 
     under 3 years of age.
       ``(7) Educating caseworkers, community service providers, 
     attorneys, health care professionals, parents, and others 
     engaged in the prevention, intervention, and treatment of 
     child abuse and neglect, which shall include education on--
       ``(A) practices that help ensure child safety and well-
     being;
       ``(B) approaches to family-oriented prevention, 
     intervention, and treatment of child abuse and neglect;
       ``(C) early childhood, child, and adolescent development, 
     and the impact of adverse childhood experiences on such 
     development;
       ``(D) the relationship between child abuse and domestic 
     violence, and support for non-abusing parents;
       ``(E) strategies to work with families impacted by 
     substance use disorder and mental health issues (and, when 
     appropriate, be coordinated with prevention efforts funded 
     under section 471 of the Social Security Act (42 U.S.C. 
     671));
       ``(F) effective use of multiple services to address family 
     and child needs, including needs resulting from trauma;
       ``(G) efforts to improve family and child well-being;
       ``(H) support for child welfare workers affected by 
     secondary trauma; and
       ``(I) supporting families and caregivers to combat and 
     prevent unsubstantiated, unfounded, or false reports, 
     including through education on the rights of families and 
     caregivers.
       ``(8) Creating or improving data systems that allow for--
       ``(A) the identification of cases requiring prompt 
     responses;
       ``(B) real-time case monitoring that tracks assessments, 
     service referrals, follow-up, case reviews, and progress 
     toward parent and child goals; and
       ``(C) sharing basic identifying data with law enforcement, 
     as necessary.
       ``(9) Improving the general child protective system by 
     developing, improving, and implementing safety assessment 
     tools, providing that such tools, protocols, and systems 
     shall not authorize the separation of any child from the 
     legal parent or guardian of such child solely on the basis of 
     poverty, or without a judicial order, except in the case of 
     imminent harm.''.

[[Page H5256]]

       (b) Eligibility Requirements.--
       (1) State plan.--Paragraph (1) of section 106(b) of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) 
     is amended to read as follows:
       ``(1) State plan.--
       ``(A) In general.--To be eligible to receive a grant under 
     this section, a State shall submit to the Secretary a State 
     plan that--
       ``(i) specifies how the grant will be used, and the State's 
     strategic plan, to treat child abuse and neglect and enhance 
     community-based, prevention-centered approaches that attempt 
     to prevent child abuse and neglect while strengthening and 
     supporting families whenever possible; and
       ``(ii) meets the requirements of this subsection.
       ``(B) Coordination and consultation.--
       ``(i) Coordination.--Each State, to the maximum extent 
     practicable, shall coordinate its State plan under this 
     subsection with its State plan under part B of title IV of 
     the Social Security Act (42 U.S.C. 621 et seq.) relating to 
     child and family services and, in States electing to provide 
     services under part E of title IV of the Social Security Act 
     (42 U.S.C. 670 et seq.) relating to foster care prevention 
     services, its State plan under such part E.
       ``(ii) Consultation.--In developing a State plan under this 
     subsection, a State shall consult with community-based 
     prevention and service agencies, parents and families 
     affected by child abuse or neglect in the State, law 
     enforcement, family court judges, prosecutors who handle 
     criminal child abuse cases, and medical professionals engaged 
     in the treatment of child abuse and neglect.
       ``(C) Duration and submission of plan.--Each State plan 
     shall--
       ``(i) be submitted not less than every 5 years; and
       ``(ii) if necessary, revised by the State to inform the 
     Secretary of any substantive changes, including--

       ``(I) any changes to State law or regulations, relating to 
     the prevention of child abuse and neglect that may affect the 
     eligibility of the State under this section; or
       ``(II) any changes in the State's activities, strategies, 
     or programs under this section.''.

       (2) Contents.--Paragraph (2) of section 106(b) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is 
     amended to read as follows:
       ``(2) Contents.--A State plan submitted under paragraph (1) 
     shall contain a description of the activities that the State 
     will carry out using amounts received under the grant to 
     achieve the objectives of this title, including--
       ``(A) an assurance in the form of a certification by the 
     Governor of the State that the State has in effect and is 
     enforcing a State law, or has in effect and is operating a 
     statewide program, relating to child abuse and neglect that 
     includes--
       ``(i) provisions or procedures for an individual to report 
     known and suspected instances of child abuse and neglect, 
     including a State law for mandatory reporting by individuals 
     required to report such instances;
       ``(ii) procedures for the immediate screening, risk and 
     safety assessment, and prompt investigation of such reports 
     of alleged abuse and neglect in order to ensure the well-
     being and safety of children;
       ``(iii) procedures for immediate steps to be taken to 
     ensure and protect the safety of a victim of child abuse or 
     neglect and of any other child under the same care who may 
     also be in danger of child abuse or neglect and ensuring 
     their placement in a safe environment;
       ``(iv) methods to preserve the confidentiality of all 
     records in order to protect the rights of the child and of 
     the child's parents or guardians, including requirements 
     ensuring that reports and records made and maintained 
     pursuant to the purposes of this Act shall only be made 
     available to--

       ``(I) individuals who are the subject of the report;
       ``(II) Federal, State, or local government entities, or any 
     agent of such entities, as described in clause (xi) of this 
     subparagraph;
       ``(III) child abuse citizen review panels;
       ``(IV) child fatality review panels;
       ``(V) a grand jury or court, upon a finding that 
     information in the record is necessary for the determination 
     of an issue before the court or grand jury; and
       ``(VI) other entities or classes of individuals statutorily 
     authorized by the State to receive such information pursuant 
     to a legitimate State purpose;

       ``(v) provisions and procedures requiring that in every 
     case involving a victim of child abuse or neglect which 
     results in a judicial proceeding, a guardian ad litem, who 
     has received education appropriate to the role, including 
     education in early childhood, child, and adolescent 
     development, and domestic violence, and who may be an 
     attorney or a court appointed special advocate who has 
     received education appropriate to that role (or both), shall 
     be appointed to represent the child (who, for purposes of 
     this section, shall have any age limit elected by the State 
     pursuant to section 475(8)(B)(iii) of the Social Security Act 
     (42 U.S.C. 675(8)(B)(iii)) in such proceedings--

       ``(I) to obtain first-hand, a clear understanding of the 
     situation and needs of such child; and
       ``(II) to make recommendations to the court concerning the 
     best interests of such child;

       ``(vi) the establishment of citizen review panels in 
     accordance with subsection (c);
       ``(vii) provisions and procedures to require that a 
     representative of the child protective services agency shall, 
     at the initial time of contact with the individual subject to 
     a child abuse or neglect investigation, advise the individual 
     of the complaints or allegations made against the individual, 
     in a manner that is consistent with laws protecting the 
     rights of the informant;
       ``(viii) provisions, procedures, and mechanisms--

       ``(I) for the expedited termination of parental rights in 
     the case of any infant determined to be abandoned under State 
     law; and
       ``(II) by which individuals who disagree with an official 
     finding of child abuse or neglect can appeal such finding;

       ``(ix) provisions addressing the professional development 
     of representatives of the child protective services system 
     regarding the legal duties of the representatives, which may 
     consist of various methods of informing such representatives 
     of such duties (including providing such education in 
     different languages if necessary), in order to protect the 
     legal rights and safety of children and their parents and 
     caregivers from the initial time of contact during 
     investigation through treatment;
       ``(x) provisions for immunity from civil or criminal 
     liability under State and local laws and regulations for 
     individuals making good faith reports of suspected or known 
     instances of child abuse or neglect, or who otherwise provide 
     information or assistance, including medical evaluations or 
     consultations, in connection with a report, investigation, or 
     legal intervention pursuant to a good faith report of child 
     abuse or neglect;
       ``(xi) provisions to require the State to disclose 
     confidential information to any Federal, State, or local 
     government entity, or any agent of such entity, that has a 
     need for such information in order to carry out its 
     responsibilities under law to protect children from child 
     abuse and neglect;
       ``(xii) provisions requiring, and procedures in place that 
     facilitate the prompt expungement of any records that are 
     accessible to the general public or are used for purposes of 
     employment or other background checks in cases determined to 
     be unsubstantiated or false, except that nothing in this 
     section shall prevent State child protective services 
     agencies from keeping information on unsubstantiated reports 
     in their casework files to assist in future risk and safety 
     assessment;
       ``(xiii) provisions and procedures for requiring criminal 
     background record checks that meet the requirements of 
     section 471(a)(20) of the Social Security Act (42 U.S.C. 
     671(a)(20)) for prospective foster and adoptive parents and 
     other adult relatives and non-relatives residing in the 
     household;
       ``(xiv) provisions for systems of technology that support 
     the State child protective services system and track reports 
     of child abuse and neglect from intake through final 
     disposition;
       ``(xv) provisions and procedures requiring identification 
     and assessment of all reports involving children known or 
     suspected to be victims of sex trafficking (as defined in 
     section 103(12) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7102 (12));
       ``(xvi) provisions, procedures, and mechanisms that assure 
     that the State does not require reunification of a surviving 
     child with a parent who has been found by a court of 
     competent jurisdiction--

       ``(I) to have committed murder (which would have been an 
     offense under section 1111(a) of title 18, United States 
     Code, if the offense had occurred in the special maritime or 
     territorial jurisdiction of the United States) of another 
     child of such parent;
       ``(II) to have committed voluntary manslaughter (which 
     would have been an offense under section 1112(a) of title 18, 
     United States Code, if the offense had occurred in the 
     special maritime or territorial jurisdiction of the United 
     States) of another child of such parent;
       ``(III) to have aided or abetted, attempted, conspired, or 
     solicited to commit such murder or voluntary manslaughter;
       ``(IV) to have committed a felony assault that results in 
     the serious bodily injury to the surviving child or another 
     child of such parent;
       ``(V) to have committed sexual abuse against the surviving 
     child or another child of such parent; or
       ``(VI) to be required to register with a sex offender 
     registry under section 113(a) of the Adam Walsh Child 
     Protection and Safety Act of 2006 (42 U.S.C. 16913(a)); and

       ``(xvii) an assurance that, upon the implementation by the 
     State of the provisions, procedures, and mechanisms under 
     clause (xvi), conviction of any one of the felonies listed in 
     clause (xvi) constitute grounds under State law for the 
     termination of parental rights of the convicted parent as to 
     the surviving children (although case-by-case determinations 
     of whether or not to seek termination of parental rights 
     shall be within the sole discretion of the State);
       ``(B) an assurance that the State has in place procedures 
     for responding to the reporting of medical neglect (including 
     instances of withholding of medically indicated treatment 
     from infants with disabilities who have life-threatening 
     conditions), procedures or programs, or both (within the 
     State child protective services system), to provide for--
       ``(i) coordination and consultation with individuals 
     designated by and within appropriate health-care facilities;
       ``(ii) prompt notification by individuals designated by and 
     within appropriate health-care facilities of cases of 
     suspected medical neglect (including instances of withholding 
     of medically indicated treatment from infants with 
     disabilities who have life-threatening conditions); and
       ``(iii) authority, under State law, for the State child 
     protective services system to pursue any legal remedies, 
     including the authority to initiate legal proceedings in a 
     court of competent jurisdiction, as may be necessary to 
     prevent the withholding of medically indicated treatment from 
     infants with disabilities who have life-threatening 
     conditions;
       ``(C) an assurance or certification that programs and 
     education conducted under this title address the unique needs 
     of unaccompanied

[[Page H5257]]

     homeless youth, including access to enrollment and support 
     services and that such youth are eligible for under parts B 
     and E of title IV of the Social Security Act (42 U.S.C. 621 
     et seq., 670 et seq.) and meet the requirements of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et 
     seq.); and
       ``(D) a description of--
       ``(i) policies and procedures (including appropriate 
     referrals to child welfare service systems and for other 
     appropriate services (including home visiting services and 
     mutual support and parent partner programs) determined by a 
     family assessment) to address the needs of infants born with 
     and identified as being affected by substance use or 
     withdrawal symptoms resulting from prenatal drug exposure, or 
     a Fetal Alcohol Spectrum Disorder, including a requirement 
     that health care providers involved in the delivery or care 
     of such infants notify the child protective welfare service 
     system of the occurrence of such condition in such infants, 
     except that--

       ``(I) child protective services shall undertake an 
     investigation only when the findings of a family assessment 
     warrant such investigation; and
       ``(II) such notification shall not be construed to--

       ``(aa) establish a definition under Federal law of what 
     constitutes child abuse or neglect; or
       ``(bb) require prosecution for any illegal action;
       ``(ii) the development of a multi-disciplinary plan of safe 
     care for the infant born and identified as being affected by 
     substance use or withdrawal symptoms or a Fetal Alcohol 
     Spectrum Disorder to ensure the safety and well-being of such 
     infant following release from the care of health care 
     providers, including through--

       ``(I) using a risk-based approach to develop each plan of 
     safe care;
       ``(II) addressing, through coordinated service delivery, 
     the health and substance use disorder treatment needs of the 
     infant and affected family or caregiver as determined by a 
     family assessment; and
       ``(III) the development and implementation by the State of 
     monitoring systems regarding the implementation of such plans 
     of safe care to determine whether and in what manner local 
     entities are providing, in accordance with State 
     requirements, referrals to and delivery of appropriate 
     services for the infant and affected family or caregiver;

       ``(iii) policies and procedures to make available to the 
     public on the State website the data, findings, and 
     information about all cases of child abuse or neglect 
     resulting in a child fatality or near fatality, including a 
     description of--

       ``(I) how the State will not create an exception to such 
     public disclosure, except in a case in which--

       ``(aa) the State would like to delay public release of 
     case-specific findings or information (including any previous 
     reports of domestic violence and subsequent actions taken to 
     assess and address such reports) while a criminal 
     investigation or prosecution of such a fatality or near 
     fatality is pending;
       ``(bb) the State is protecting the identity of a reporter 
     of child abuse or neglect; or
       ``(cc) the State is withholding identifying information of 
     members of the victim's family who are not perpetrators of 
     the fatality or near fatality; and

       ``(II) how the State will ensure that in providing the 
     public disclosure required under this clause, the State will 
     include--

       ``(aa) the cause and circumstances of the fatality or near 
     fatality;
       ``(bb) the age and gender of the child; and
       ``(cc) any previous reports of child abuse or neglect 
     investigations that are relevant to the child abuse or 
     neglect that led to the fatality or near fatality;
       ``(iv) how the State will use data collected on child abuse 
     or neglect to prevent child fatalities and near fatalities;
       ``(v) how the State will implement efforts to prevent child 
     fatalities and near fatalities;
       ``(vi) the cooperation of State law enforcement officials, 
     court of competent jurisdiction, and appropriate State 
     agencies providing human services in the investigation, 
     assessment, prosecution, and treatment of child abuse and 
     neglect;
       ``(vii) the steps the State will take to improve the 
     professional development, retention, and supervision of 
     caseworkers and how the State will measure the effectiveness 
     of such efforts;
       ``(viii) the State's plan to ensure each child under the 
     age of 3 who is involved in a substantiated case of child 
     abuse or neglect will be referred to the State's child find 
     system under section 635(a)(5) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1435(a)(5)) in order to 
     determine if the child is an infant or toddler with a 
     disability (as defined in section 632(5) of such Act (20 
     U.S.C. 1432(5)));
       ``(ix) the State's plan to improve, as part of a 
     comprehensive State strategy led by law enforcement, 
     professional development for child protective services 
     workers and their appropriate role in identifying, assessing, 
     and providing comprehensive services for children who are sex 
     trafficking victims, in coordination with law enforcement, 
     juvenile justice agencies, runaway and homeless youth 
     shelters, and health, mental health, and other social service 
     agencies and providers;
       ``(x) the services to be provided under the grant to 
     individuals, families, or communities, either directly or 
     through referrals, aimed at preventing the occurrence of 
     child abuse and neglect;
       ``(xi) the State's efforts to ensure professionals who are 
     required to report suspected cases of child abuse and neglect 
     are aware of their responsibilities under subparagraph (A)(i) 
     and receive professional development relating to performing 
     such responsibilities that is specific to their profession 
     and workplace;
       ``(xii) policies and procedures encouraging the appropriate 
     involvement of families in decisionmaking pertaining to 
     children who experienced child abuse or neglect;
       ``(xiii) the State's efforts to improve appropriate 
     collaboration among child protective services agencies, 
     domestic violence services agencies, substance use disorder 
     treatment agencies, and other agencies in investigations, 
     interventions, and the delivery of services and treatment 
     provided to children and families affected by child abuse or 
     neglect, including children exposed to domestic violence, 
     where appropriate;
       ``(xiv) policies and procedures regarding the use of 
     differential response, as applicable, to improve outcomes for 
     children; and
       ``(xv) the State's efforts to reduce racial bias in its 
     child protective services system.''.
       (3) Limitations.--Paragraph (3) of section 106(b) of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) 
     is amended--
       (A) in the paragraph heading, by striking ``Limitation'' 
     and inserting ``Limitations'';
       (B) by striking ``With regard to clauses (vi) and (vii) of 
     paragraph (2)(B),'' and inserting the following:
       ``(A) Disclosure of certain identifying information.--With 
     regard to subparagraphs (A)(iv) and (D)(iii) of paragraph 
     (2),'';
       (C) by striking the period at the end and inserting ``; 
     and''; and
       (D) by adding at the end the following:
       ``(B) Public access to court proceedings.--Nothing in 
     paragraph (2) shall be construed to limit the State's 
     flexibility to determine State policies relating to public 
     access to court proceedings to determine child abuse and 
     neglect, except that such policies shall, at a minimum, 
     ensure the safety and well-being of the child, parents, and 
     families.''.
       (4) Definitions.--Paragraph (4) of section 106(b) of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) 
     is amended--
       (A) in the paragraph heading, by striking ``Definitions'' 
     and inserting ``Definition'';
       (B) by striking ``this subsection'' and all that follows 
     through ``means an act'' and inserting the following: ``this 
     subsection, the term `near fatality' means an act'';
       (C) by striking ``; and'' and inserting a period; and
       (D) by striking subparagraph (B).
       (c) Citizen Review Panels.--Section 106(c) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is 
     amended--
       (1) in paragraph (1)(B), by striking ``Exceptions.'' and 
     all that follows through ``A State may'' and inserting 
     ``Exception.--A State may'';
       (2) in paragraph (4)(A)--
       (A) in the matter preceding clause (i), by striking ``and 
     where appropriate, specific cases,''; and
       (B) in clause (iii)(I), by striking ``foster care and 
     adoption programs'' and inserting ``foster care, prevention, 
     and permanency programs''; and
       (3) by amending the first sentence of paragraph (6) to read 
     as follows: ``Each panel established under paragraph (1) 
     shall prepare and make available to the State and the public, 
     on an annual basis, a report containing a summary of the 
     activities of the panel, the criteria used for determining 
     which activities the panel engaged in, and recommendations or 
     observations to improve the child protective services system 
     at the State and local levels, and the data upon which these 
     recommendations or observations are based.''.
       (d) Annual State Data Reports.--Section 106(d) of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
     amended--
       (1) by amending paragraph (13) to read as follows:
       ``(13) The annual report containing the summary of the 
     activities and recommendations of the citizen review panels 
     of the State required by subsection (c)(6), and the actions 
     taken by the State as a result of such recommendations.'';
       (2) in paragraph (15), by striking ``subsection 
     (b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(D)(i)'';
       (3) in paragraph (16), by striking ``subsection 
     (b)(2)(B)(xxi)'' and inserting ``subsection 
     (b)(2)(D)(viii)'';
       (4) in paragraph (17), by striking ``subsection 
     (b)(2)(B)(xxiv)'' and inserting ``subsection (b)(2)(A)(xv)'';
       (5) in paragraph (18)--
       (A) in subparagraph (A), by striking ``subsection 
     (b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(D)(i)'';
       (B) in subparagraph (B), by striking ``subsection 
     (b)(2)(B)(iii)'' and inserting ``subsection (b)(2)(D)(ii)''; 
     and
       (C) in subparagraph (C), by striking ``subsection 
     (b)(2)(B)(iii)'' and inserting ``subsection (b)(2)(D)(ii)''; 
     and
       (6) by adding at the end the following:
       ``(19) The number of child fatalities and near fatalities 
     from maltreatment and related information in accordance with 
     the uniform standards established under section 103(d).''.
       (e) Allotments.--Section 106(f) of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5106a(f)) is amended 
     by adding at the end the following:
       ``(6) Limitation.--For any fiscal year for which the amount 
     allotted to a State or territory under this subsection 
     exceeds the amount allotted to the State or territory under 
     such subsection for fiscal year 2019, the State or territory 
     may use not more than 2 percent of such excess amount for 
     administrative expenses.''.

     SEC. 107. MISCELLANEOUS REQUIREMENTS.

       Section 108 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106d) is amended--
       (1) in subsection (b), by inserting ``Indian tribes, and 
     tribal organizations,'' after ``States,'';
       (2) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and

[[Page H5258]]

       (3) by inserting after subsection (b) the following:
       ``(c) Protecting Against Systemic Child Sexual Abuse.--
       ``(1) Reporting and task force.--Not later than 24 months 
     after the date of the enactment of the Human Services and 
     Community Supports Act, each State task force established 
     under section 107(c) and expanded as described in paragraph 
     (2) shall study and make recommendations on the following, 
     with a focus on preventing systemic child sexual abuse:
       ``(A) How to detect systemic child sexual abuse that occurs 
     in an organization.
       ``(B) How to prevent child sexual abuse and systemic child 
     sexual abuse from occurring in organizations, which shall 
     include recommendations to improve--
       ``(i) practices and policies for the education of parents, 
     caregivers, and victims, and age appropriate education of 
     children, about risk factors or signs of potential child 
     sexual abuse; and
       ``(ii) the efficacy of applicable State laws and the role 
     such laws play in deterring or preventing incidences of child 
     sexual abuse.
       ``(C) The feasibility of making available the disposition 
     of a perpetrator within an organization to--
       ``(i) the child alleging sexual abuse or the child's 
     family; or
       ``(ii) an adult who was a child at the time of the sexual 
     abuse claim in question or the adult's family.
       ``(2) Task force composition.--For purposes of this 
     subsection, a State task force shall include--
       ``(A) the members of the State task force described in 
     section 107(c) for the State; and
       ``(B) the following:
       ``(i) Family court judges.
       ``(ii) Individuals from religious organizations.
       ``(iii) Individuals from youth-serving organizations, 
     including youth athletics organizations.
       ``(3) Reporting on recommendations.--Not later than 6 
     months after a State task force makes recommendations under 
     paragraph (1), the State maintaining such State task force 
     shall--
       ``(A) make public the recommendations of such report;
       ``(B) report to the Secretary on the status of adopting 
     such recommendations; and
       ``(C) in a case in which the State declines to adopt a 
     particular recommendation, make public the explanation for 
     such declination.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) the terms `child sexual abuse' and `sexual abuse' 
     shall not be limited to an act or a failure to act on the 
     part of a parent or caretaker;
       ``(B) the term `organization' means any entity that serves 
     children; and
       ``(C) the term `systemic child sexual abuse' means--
       ``(i) a pattern of informal or formal policy or de facto 
     policy to not follow State and local requirements to report 
     instances of child sexual abuse in violation of State and 
     local mandatory reporting laws or policy; or
       ``(ii) a pattern of assisting individual perpetrators in 
     maintaining their careers despite substantiated evidence of 
     child sexual abuse.''.

     SEC. 108. REPORTS.

       (a) Scaling Evidence-based Treatment of Child Abuse and 
     Neglect.--Section 110 of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106f) is amended to read as 
     follows:

     ``SEC. 110. STUDY AND REPORT RELATING TO SCALING EVIDENCE-
                   BASED TREATMENT OF CHILD ABUSE AND NEGLECT; 
                   STUDY AND REPORT ON MARITAL AGE OF CONSENT; 
                   STUDY AND REPORT ON STATE MANDATORY REPORTING 
                   LAWS.

       ``(a) In General.--The Secretary shall conduct a study that 
     examines challenges to, and best practices for, the 
     scalability of treatments that reduce the trauma resulting 
     from child abuse and neglect and reduce the risk of 
     revictimization, such as those allowable under sections 105 
     and 106.
       ``(b) Content of Study.--The study described in subsection 
     (a) shall be completed in a manner that considers the 
     variability among treatment programs and among populations 
     vulnerable to child abuse and neglect. The study shall 
     include, at minimum:
       ``(1) A detailed synthesis of the existing research 
     literature examining barriers and challenges to, and best 
     practices for the scalability of child welfare programs and 
     services as well as programs and services for vulnerable 
     children and families in related fields, including healthcare 
     and education.
       ``(2) Data describing state and local providers' 
     experiences with scaling treatments that reduce the trauma 
     resulting from child abuse and neglect and reduce the risk of 
     revictimization.
       ``(3) Consultation with experts in child welfare, 
     healthcare, and education.
       ``(c) Report.--Not later than 3 years after the date of the 
     enactment of the Human Services and Community Supports Act, 
     the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives a report that contains the results of the 
     study conducted under subsection (a), including 
     recommendations for best practices for scaling treatments 
     that reduce the trauma resulting from child abuse and neglect 
     and reduce the risk of revictimization.
       ``(d) Study and Report on Marital Age of Consent.--
       ``(1) Study.--The Secretary shall study, with respect to 
     each State--
       ``(A) the State law regarding the minimum marriage age; and
       ``(B) the prevalence of marriage involving a child who is 
     under the age of such minimum marriage age.
       ``(2) Factors.--The study required under paragraph (1) 
     shall include an examination of--
       ``(A) the extent to which any statutory exceptions to the 
     minimum marriage age in such laws contribute to the 
     prevalence of marriage involving a child described in 
     paragraph (1)(B);
       ``(B) whether such exceptions allow such a child to be 
     married without the consent of such child; and
       ``(C) the impact of such exceptions on the safety of such 
     children.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of the Human Services and Community Supports Act, 
     the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives a report containing the findings of the study 
     required by this subsection, including any best practices.
       ``(e) Study and Report on State Mandatory Reporting Laws.--
       ``(1) Study.--The Secretary shall collect information on 
     and otherwise study State laws for mandatory reporting of 
     incidents of child abuse or neglect. Such study shall examine 
     trends in referrals and investigations of child abuse and 
     neglect due to differences in such State laws with respect to 
     the inclusion, as mandatory reporters, of the following 
     individuals:
       ``(A) Individuals licensed or certified to practice in any 
     health-related field licensed by the State, employees of 
     health care facilities or providers licensed by the State, 
     who are engaged in the admission, examination, care or 
     treatment of individuals, including mental health and 
     emergency medical service providers.
       ``(B) Individuals employed by a school who have direct 
     contact with children, including teachers, administrators, 
     and independent contractors.
       ``(C) Peace officers and law enforcement personnel.
       ``(D) Clergy, including Christian Science practitioners, 
     except where prohibited on account of clergy-penitent 
     privilege.
       ``(E) Day care and child care operators and employees.
       ``(F) Employees of social services agencies who have direct 
     contact with children in the course of employment.
       ``(G) Foster parents.
       ``(H) Court appointed special advocates (employees and 
     volunteers).
       ``(I) Camp and after-school employees.
       ``(J) An individual, paid or unpaid, who, on the basis of 
     the individual's role as an integral part of a regularly 
     scheduled program, activity, or service, accepts 
     responsibility for a child.
       ``(2) Report.--Not later than 4 years after the date of 
     enactment of the Human Services and Community Supports Act, 
     the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives a report containing the findings of the study 
     required by this subsection, including any best practices 
     related to the inclusion, as mandatory reporters, of 
     individuals described in paragraph (1).''.
       (b) Report on Child Abuse and Neglect in Indian Tribal 
     Communities.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General, in 
     consultation with the Indian tribes from each of the 12 
     regions of the Bureau of Indian Affairs, shall study child 
     abuse and neglect in Indian Tribal communities for the 
     purpose of identifying vital information and making 
     recommendations concerning issues relating to child abuse and 
     neglect in such communities, and submit to the Committee on 
     Health, Education, Labor, and Pensions and the Committee on 
     Indian Affairs of the Senate and the Committee on Education 
     and Labor and the Committee on Natural Resources of the House 
     of Representatives a report on such study, which shall 
     include--
       (A) the number of Indian tribes providing primary child 
     abuse and neglect prevention activities;
       (B) the number of Indian tribes providing secondary child 
     abuse and neglect prevention activities;
       (C) promising practices of Indian tribes with respect to 
     child abuse and neglect prevention that are culturally-based 
     or culturally-adapted;
       (D) information and recommendations on how such culturally-
     based or culturally-adapted child abuse and neglect 
     prevention activities could become evidence-based;
       (E) the number of Indian tribes that have accessed Federal 
     child abuse and neglect prevention programs;
       (F) child abuse and neglect prevention activities that 
     Indian tribes provide using State funds;
       (G) child abuse and neglect prevention activities that 
     Indian tribes provide using Tribal funds;
       (H) Tribal access to State children's trust fund resources, 
     as described in section 202 of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5116a);
       (I) how a children's trust fund model could be used to 
     support prevention efforts regarding child abuse and neglect 
     of American Indian and Alaska Native children;
       (J) Federal agency technical assistance efforts to address 
     child abuse and neglect prevention and treatment of American 
     Indian and Alaska Native children;
       (K) Federal agency cross-system collaboration to address 
     child abuse and neglect prevention and treatment of American 
     Indian and Alaska Native children;
       (L) Tribal access to child abuse and neglect prevention 
     research and demonstration grants under the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5101 et seq.); and
       (M) an examination of child abuse and neglect data systems 
     to identify what Tribal data is being submitted, barriers to 
     submitting data, and recommendations on improving the 
     collection of data from Indian Tribes.

[[Page H5259]]

       (2) Definitions.--In this subsection--
       (A) the term ``Alaska Native'' has the meaning given the 
     term in section 111 of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106g); and
       (B) the terms ``child abuse and neglect'' and ``Indian 
     tribe'' have the meaning given the terms in section 3 of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 
     note).

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       Section 112(a) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5106h(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``to carry out'' through ``fiscal year 
     2010'' and inserting ``to carry out this title $270,000,000 
     for fiscal year 2021''; and
       (B) by striking ``2011 through 2015'' and inserting ``2022 
     through 2026''; and
       (2) by striking paragraph (2)(A) and inserting the 
     following:
       ``(A) In general.--Of the amounts appropriated for a fiscal 
     year under paragraph (1), the Secretary shall make available 
     30 percent of such amounts, or $100,000,000, whichever is 
     less, to fund discretionary activities under this title.''.

     SEC. 110. MONITORING AND OVERSIGHT.

       Section 114(1) of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5108(1)) is amended--
       (1) in each of subparagraphs (A) and (B), by striking 
     ``and'' at the end; and
       (2) by adding at the end the following:
       ``(C) include written guidance and technical assistance to 
     support States, which shall include guidance on the 
     requirements of this Act with respect to infants born with 
     and identified as being affected by substance use or 
     withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal 
     Alcohol Spectrum Disorder, as described in clauses (i) and 
     (ii) of section 106(b)(2)(D), including by--
       ``(i) enhancing States' understanding of requirements and 
     flexibilities under the law, including by clarifying key 
     terms;
       ``(ii) addressing State-identified challenges with 
     developing, implementing, and monitoring plans of safe care; 
     and
       ``(iii) disseminating best practices on implementation of 
     plans of safe care, on such topics as differential response, 
     collaboration and coordination, and identification and 
     delivery of services for different populations, while 
     recognizing needs of different populations and varying 
     community approaches across States; and
       ``(D) include the submission of a report to the Committee 
     on Education and Labor of the House of Representatives and 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate not later than 1 year after the date of the 
     enactment of this Act that contains a description of the 
     activities taken by the Secretary to comply with the 
     requirements of subparagraph (C); and''.

     SEC. 111. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.

       Title I of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5101 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.

       ``(a) Interstate Data Exchange System.--
       ``(1) In general.--The Secretary of Health and Human 
     Services shall consider the recommendations included in the 
     reports required under paragraph (8)(A) and subsection (b)(2) 
     in developing an electronic interstate data exchange system 
     that allows State entities responsible under State law for 
     maintaining child abuse and neglect registries to communicate 
     information across State lines.
       ``(2) Standards.--In developing the electronic interstate 
     data exchange system under paragraph (1), the Secretary 
     shall--
       ``(A) use interoperable standards developed and maintained 
     by intergovernmental partnerships, such as the National 
     Information Exchange Model;
       ``(B) develop policies and governance standards that--
       ``(i) ensure consistency in types of information shared and 
     not shared; and
       ``(ii) specify circumstances under which data should be 
     shared through the interstate data exchange system; and
       ``(C) ensure that all standards and policies adhere to the 
     privacy, security, and civil rights laws of each State and 
     Federal law.
       ``(3) Limitation on use of electronic interstate data 
     exchange system.--The electronic interstate data exchange 
     system may only be used for purposes relating to child 
     safety.
       ``(4) Pilot program.--
       ``(A) Implementation.--Not later than 6 months after the 
     date of the enactment of this section, the Secretary of 
     Health and Human Services shall begin implementation of a 
     pilot program to generate recommendations for the full 
     integration of the electronic interstate data exchange 
     system. Such pilot program shall include not less than 10 
     States and not more than 15 States.
       ``(B) Completion.--Not later than 30 months after the date 
     of the enactment of this section, the Secretary of Health and 
     Human Services shall complete the pilot program described in 
     subparagraph (A).
       ``(5) Integration.--The Secretary of Health and Human 
     Services may assist States in the integration of this system 
     into the infrastructure of each State using funds 
     appropriated under this subsection.
       ``(6) Participation.--As a condition on eligibility for 
     receipt of funds under section 106, each State shall--
       ``(A) participate in the electronic interstate data 
     exchange system to the fullest extent possible in accordance 
     with State law (as determined by the Secretary of Health and 
     Human Services) not later than December 31, 2027; and
       ``(B) prior to the participation described in subparagraph 
     (A), provide to the Secretary of Health and Human Services an 
     assurance that the child abuse and neglect registry of such 
     State provides procedural due process protections with 
     respect to including individuals on such registry.
       ``(7) Prohibition.--The Secretary of Health and Human 
     Services may not access or store data from the electronic 
     interstate data exchange system, unless the State to which 
     such data pertains voluntarily shares such data with the 
     Secretary of Health and Human Services.
       ``(8) Reports.--The Secretary of Health and Human Services 
     shall prepare and submit to Congress--
       ``(A) not later than 3 years after the date of the 
     enactment of this section, a report on the recommendations 
     from the pilot program described in paragraph (4); and
       ``(B) not later than January 31, 2025, a report on the 
     progress made in implementing this subsection.
       ``(9) Authorization of appropriations.--Of the funds 
     appropriated under section 112 for a fiscal year--
       ``(A) for each of fiscal years 2021 and 2022, $2,000,000 
     shall be reserved to carry out this section; and
       ``(B) for each of fiscal years 2023 through 2026, 
     $1,000,000 shall be reserved to carry out this section.
       ``(b) Working Group.--
       ``(1) In general.-- Not later than 60 days after the date 
     of the enactment of this section, the Secretary of Health and 
     Human Services shall convene a working group to study and 
     make recommendations on the following:
       ``(A) The feasibility of making publicly available on the 
     website of each State definitions and standards of 
     substantiated child abuse and neglect for the State.
       ``(B) Whether background check requirements under this Act, 
     the Child Care and Development Block Grant Act of 1990 (42 
     U.S.C. 9858 et seq.), and part E of title IV of the Social 
     Security Act (42 U.S.C. 670 et seq.) are complementary or if 
     there are discrepancies that need to be addressed.
       ``(C) How to improve communication between and across 
     States, including through the use of technology and the use 
     of the electronic interstate data exchange system established 
     under subsection (a), to allow for more accurate and 
     efficient exchange of child abuse and neglect records.
       ``(D) How to reduce barriers and establish best practices 
     for the State to provide timely responses to requests from 
     other States for information contained in the State's child 
     abuse and neglect registry through the electronic interstate 
     data exchange system established under subsection (a).
       ``(E) How to ensure due process for any individual included 
     in a State's child abuse and neglect registry, including the 
     following:
       ``(i) The level of evidence necessary for inclusion in the 
     State's child abuse and neglect registry.
       ``(ii) The process for notifying such individual of 
     inclusion in the State's child abuse and neglect registry and 
     the implications of such inclusion.
       ``(iii) The process for providing such individual the 
     opportunity to challenge such inclusion, and the procedures 
     for resolving such challenge.
       ``(iv) The length of time an individual's record is to 
     remain in the State's child abuse and neglect registry, and 
     the process for removing such individual's record.
       ``(v) The criteria for when such individual's child abuse 
     and neglect registry record may be--

       ``(I) made accessible to the general public;
       ``(II) made available for purposes of an employment check; 
     and
       ``(III) be shared for the purposes of participation in the 
     electronic interstate data exchange system described in 
     subsection (a).

       ``(2) Report.--Not later than 18 months after the date of 
     the enactment of this section, the working group convened 
     under paragraph (1) shall submit a report containing its 
     recommendations to the Secretary of Health and Human 
     Services, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Education and 
     Labor of the House of Representatives.
       ``(3) Construction.--There shall be no requirement for any 
     State to adopt the recommendations of the working group, nor 
     shall the Secretary of Health and Human Services incentivize 
     or coerce any State to adopt any such recommendation.''.

     SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Technical Amendments.-- The Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5101 et seq.), as amended by the 
     preceding provisions of this title, is further amended--
       (1) by striking ``Committee on Education and the 
     Workforce'' each place it appears and inserting ``Committee 
     on Education and Labor'';
       (2) in section 103(c)(1)(F), by striking ``abused and 
     neglected children'' and inserting ``victims of child abuse 
     or neglect''; and
       (3) in section 107(f), by striking ``(42 U.S.C. 10603a)'' 
     and inserting ``(34 U.S.C. 20104)''.
       (b) Conforming Amendments.--
       (1) Section 103.--Section 103(b)(5) (42 U.S.C. 5104(b)(5)) 
     is amended by striking ``section 106(b)(2)(B)(iii)'' and 
     inserting ``section 106(b)(2)(D)(ii)''.
       (2) Section 105.--Section 105(a)(11) (42 U.S.C. 5106(a)(11) 
     (as redesignated by section 105(1)(A) of this title) is 
     amended--
       (A) in subparagraph (A), by striking ``section 
     106(b)(2)(B)(iii)'' and inserting ``section 
     106(b)(2)(D)(ii)'';
       (B) in subparagraph (C)--
       (i) in clause (i)(II), by striking ``section 
     106(b)(2)(B)(iii)'' and inserting ``section 
     106(b)(2)(D)(ii)'';

[[Page H5260]]

       (ii) in clause (i)(IV), by striking ``section 
     106(b)(2)(B)(iii)(II)'' and inserting ``section 
     106(b)(2)(D)(ii)(II)''; and
       (iii) in clause (ii), by striking ``clauses (ii) and (iii) 
     of section 106(b)(2)(B)'' and inserting ``clauses (i) and 
     (ii) of section 106(b)(2)(D)'';
       (C) in subparagraph (D)--
       (i) in clause (i)(I), by striking ``section 
     106(b)(2)(B)(iii)(I)'' and inserting ``section 
     106(b)(2)(D)(ii)(I)'';
       (ii) in clause (ii)(I), by striking ``section 
     106(b)(2)(B)(ii)'' and inserting ``section 106(b)(2)(D)(i)'';
       (iii) in clause (ii)(II), by striking ``section 
     106(b)(2)(B)(iii)'' and inserting ``section 
     106(b)(2)(D)(ii)(I)'';
       (iv) in clause (iii)(I), by striking ``section 
     106(b)(2)(B)(i)'' and inserting ``section 106(b)(2)(A)(i)'';
       (v) in clause (iii)(IV), by striking ``section 
     106(b)(2)(B)(iii)'' and inserting ``section 
     106(b)(2)(D)(ii)''; and
       (vi) in clause (v), by striking ``section 
     106(b)(2)(B)(iii)'' and inserting ``section 
     106(b)(2)(D)(ii)'';
       (D) in subparagraph (E), by striking ``section 
     106(b)(2)(B)(ii)'' and inserting ``section 106(b)(2)(D)(i)''; 
     and
       (E) in subparagraph (G)(ii), by striking ``clauses (ii) and 
     (iii) of section 106(b)(2)(B)'' and inserting ``clauses (i) 
     and (ii) of section 106(b)(2)(D)''.
       (3) Section 114.--Section 114(1)(B) (42 U.S.C. 5108(1)(B)) 
     is amended by striking ``clauses (ii) and (iii) of section 
     106(b)(2)(B)'' and inserting ``clauses (i) and (ii) of 
     section 106(b)(2)(D)''.
       (4) Table of contents.--The table of contents in section 
     1(b) of the Child Abuse Prevention and Treatment Act is 
     amended--
       (A) by striking the items relating to sections 2 and 102;
       (B) by inserting after the item relating to section 114 the 
     following:

``Sec. 115. Electronic interstate data exchange system.''; and
       (C) by striking the item relating to section 110, and 
     inserting the following:

``Sec. 110. Study and report relating to scaling evidence-based 
              treatment of child abuse and neglect; study and report on 
              marital age of consent; study and report on State 
              mandatory reporting laws.''.

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

     SEC. 121. PURPOSE AND AUTHORITY.

       Section 201 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116) is amended to read as follows:

     ``SEC. 201. PURPOSE AND AUTHORITY.

       ``(a) Purpose.--It is the purpose of this title--
       ``(1) to support community-based efforts to develop, 
     operate, expand, enhance, evaluate, and coordinate 
     initiatives, programs, and activities to strengthen families 
     and prevent child abuse and neglect;
       ``(2) to support the development of a State strategy to 
     address unmet need and the coordination of State, regional, 
     and local resources and activities to better strengthen and 
     support families to reduce the likelihood of child abuse and 
     neglect; and
       ``(3) to support local programs in increasing the ability 
     of diverse populations with demonstrated need, including low-
     income families, racial and ethnic minorities, families with 
     children or caregivers with disabilities, underserved 
     communities, and rural communities, to access a continuum of 
     preventive services that strengthen families in order to more 
     effectively prevent child abuse and neglect.
       ``(b) Authority.--The Secretary shall make grants under 
     this title on a formula basis to the entity designated by the 
     State as the lead entity (referred to in this title as the 
     `lead entity') under section 202(1) for the following 
     purposes--
       ``(1) supporting local programs in providing community-
     based family strengthening services designed to prevent child 
     abuse and neglect that help families build protective factors 
     linked to the prevention of child abuse and neglect, such as 
     knowledge of parenting and child development, parental 
     resilience, social connections, time-limited and need-based 
     concrete support, and social and emotional development of 
     children, that--
       ``(A) are effective, culturally appropriate, and accessible 
     to diverse populations with demonstrated need;
       ``(B) build upon existing strengths;
       ``(C) offer assistance to families;
       ``(D) provide early, comprehensive support for parents;
       ``(E) promote the development of healthy familial 
     relationships and parenting skills, especially in young 
     parents and parents with very young children;
       ``(F) increase family stability;
       ``(G) improve family access to other formal and informal 
     community-based resources, such as providing referrals to 
     early health and developmental services, mental health 
     services, and time-limited and need-based concrete supports, 
     including for homeless families and those at-risk of 
     homelessness;
       ``(H) support the additional needs of families with 
     children or caregivers with disabilities through respite care 
     and other services; and
       ``(I) demonstrate a commitment to the continued leadership 
     of parents in the planning, program implementation, and 
     evaluation of the lead entity and local programs funded under 
     this title, including involvement of parents of children with 
     disabilities, parents who are individuals with disabilities, 
     racial and ethnic minorities, and members of other 
     underrepresented or underserved groups;
       ``(2) promoting the development of a continuum of 
     preventive services that strengthen families and promote 
     child, parent, family, and community well-being, through the 
     development of State and local networks, including 
     collaboration and coordination between local programs and 
     public agencies and private entities that utilize culturally 
     responsive providers;
       ``(3) financing the start-up, maintenance, expansion, or 
     redesign of core services described in section 205(b)(3) 
     where communities have identified and decided to address 
     unmet need identified in the inventory described in section 
     204(3), to the extent practicable given funding levels and 
     community priorities;
       ``(4) maximizing funding through leveraging Federal, State, 
     local, and private funds to carry out the purposes of the 
     title;
       ``(5) financing public information activities, which may 
     include activities to increase public awareness and 
     education, and developing comprehensive outreach strategies 
     to engage diverse populations with demonstrated need, that 
     focus on the healthy and positive development of parents and 
     children; and
       ``(6) to the extent practicable--
       ``(A) promoting the development, enhancement, expansion, 
     and implementation of a statewide strategy to address the 
     unmet need identified in the inventory described in section 
     204(3), with input from relevant stakeholders, to scale 
     evidence-based and evidence-informed community-based family 
     strengthening services designed to prevent child abuse and 
     neglect; and
       ``(B) addressing and supporting the capacity of local 
     programs to strengthen families and prevent child abuse and 
     neglect through technical assistance, professional 
     development, and collaboration between local programs.''.

     SEC. 122. ELIGIBILITY.

       Section 202 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116a) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``, taking into 
     consideration the capacity and expertise of eligible 
     entities,'' after ``State'';
       (B) in subparagraph (B), by striking ``parents who are'' 
     and all that follows and inserting ``parents who are or who 
     have been consumers of preventive supports and who can 
     provide leadership in the planning, implementation, and 
     evaluation of programs and policy decisions of the lead 
     entity in accomplishing the desired outcomes of such efforts; 
     and'';
       (C) in subparagraph (C)--
       (i) by inserting ``local,'' after ``State,''; and
       (ii) by striking ``and'' at the end; and
       (D) by striking subparagraph (D);
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``composed of'' and 
     all that follows through the semicolon at the end and 
     inserting ``carried out by local, collaborative, public-
     private partnerships;''; and
       (B) in subparagraph (C)--
       (i) by inserting ``local,'' after ``State,''; and
       (ii) by striking ``and'' at the end;
       (3) in paragraph (3)--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) has demonstrated commitment to the continued 
     leadership of parents in the development, operation, 
     evaluation, and oversight of State and local efforts to 
     support community-based family strengthening services 
     designed to prevent child abuse and neglect;'';
       (B) in subparagraph (B), by striking ``community-based and 
     prevention-focused programs and activities designed to 
     strengthen and support families'' and inserting ``community-
     based family strengthening services designed'';
       (C) in subparagraph (C)--
       (i) by striking ``community-based and prevention-focused 
     programs and activities designed to strengthen and support 
     families to prevent child abuse and neglect'' and inserting 
     ``local programs''; and
       (ii) by striking ``and'' at the end; and
       (D) by striking subparagraph (D) and inserting the 
     following:
       ``(D) will integrate efforts with individuals and 
     organizations experienced in working in partnership with 
     families with children with disabilities or parents with 
     disabilities, diverse populations with demonstrated need, 
     sexual and gender minority youth, victims of domestic 
     violence, and with the child abuse and neglect prevention 
     activities in the State, and demonstrate a financial 
     commitment to those activities; and
       ``(E) will take into consideration access for diverse 
     populations and unmet need when distributing funds to local 
     programs under section 205; and''; and
       (4) by adding at the end the following:
       ``(4) the Governor of the State provides an assurance that, 
     in issuing regulations in consultation with the lead entity 
     to improve the delivery of community-based family 
     strengthening services designed to promote child, family, and 
     community well-being, and to prevent child abuse and neglect, 
     the State will--
       ``(A) take into account how such regulations will impact 
     activities funded under this Act; and
       ``(B) where appropriate, attempt to avoid duplication of 
     efforts, minimize costs of compliance with such regulations, 
     and maximize local flexibility with respect to such 
     regulations.''.

     SEC. 123. AMOUNT OF GRANT.

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

[[Page H5261]]

       ``(d) Limitation.--For any fiscal year for which the amount 
     allotted to a State under subsection (b) exceeds the amount 
     allotted to the State under such subsection for fiscal year 
     2019, the State's lead entity may use not more than 10 
     percent of such excess amount for administrative expenses.''.

     SEC. 124. APPLICATION.

       Section 204 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116d) is amended to read as follows:

     ``SEC. 204. APPLICATION.

       ``A grant may not be made to a State under this title 
     unless an application therefore is submitted by the lead 
     entity to the Secretary and such application contains the 
     types of information specified by the Secretary as essential 
     to carrying out the provisions of section 202, including--
       ``(1) a description of the lead entity that will be 
     responsible for the administration of funds provided under 
     this title and the oversight of community-based family 
     strengthening services designed to prevent child abuse and 
     neglect that receive assistance from the lead entity in 
     accordance with section 205;
       ``(2) a description of how community-based family 
     strengthening services designed to prevent child abuse and 
     neglect supported by the lead entity will operate, including 
     how local programs that receive assistance from the lead 
     entity and public agencies and private entities that promote 
     child, parent, family, and community well-being will be 
     integrated into a developing continuum of family centered, 
     holistic, preventive services for children and families;
       ``(3) a description of the inventory of current unmet need 
     and current community-based family strengthening services 
     designed to prevent child abuse and neglect, and other family 
     resource services operating in the State, including a 
     description of how the lead entity plans to address unmet 
     need in underserved areas;
       ``(4) a budget for the development, operation, and 
     expansion of the community-based family strengthening 
     services designed to prevent child abuse and neglect that 
     verifies that the State will expend in non-Federal funds an 
     amount equal to not less than 20 percent of the amount 
     received under this title (in cash, not in-kind) for 
     activities under this title;
       ``(5) an assurance that funds received under this title 
     will supplement, not supplant, other State and local public 
     funds designated for the start-up, maintenance, expansion, 
     and redesign of community-based family strengthening services 
     designed to prevent child abuse and neglect;
       ``(6) a description of the lead entity's capacity and 
     commitment to ensure the continued leadership of parents who 
     are or have been consumers of preventive supports, including 
     parents of diverse populations with demonstrated need, family 
     advocates, and adult former victims of child abuse or 
     neglect, in the planning, implementation, and evaluation of 
     the programs and policy decisions of the lead entity in 
     accomplishing the desired outcomes for such efforts;
       ``(7) a description of the criteria that the lead entity 
     will use to identify communities in which to provide 
     services, and select and fund local programs in accordance 
     with section 205, including how the lead entity will take 
     into consideration the local program's ability to--
       ``(A) collaborate with other community-based organizations 
     and service providers and engage in long-term and strategic 
     planning to support the development of a continuum of 
     preventive services that strengthen families;
       ``(B) meaningfully partner with parents in the development, 
     implementation, and evaluation of services;
       ``(C) reduce barriers to access to community-based family 
     strengthening services designed to prevent child abuse and 
     neglect, including for diverse populations with demonstrated 
     need; and
       ``(D) incorporate evidence-based or evidence-informed 
     practices, to the extent practicable;
       ``(8) a description of outreach activities that the lead 
     entity and local programs will undertake to maximize the 
     participation of low-income families, racial and ethnic 
     minorities, children and adults with disabilities, sexual and 
     gender minority youth, victims of domestic violence, homeless 
     families and those at risk of homelessness, families 
     experiencing complex needs, and members of other underserved 
     or underrepresented groups;
       ``(9) a plan for providing operational support, training, 
     and technical assistance to local programs, which may include 
     coordination with public agencies and private entities that 
     promote child, parent, and family well-being to support 
     increased access to a continuum of preventive services that 
     strengthen and support families to prevent child abuse and 
     neglect;
       ``(10) a description of how the performance of the lead 
     entity and local programs will be measured in accordance with 
     section 206;
       ``(11) a description of the actions that the lead entity 
     will take to inform systemic changes in State policies, 
     practices, procedures, and regulations to improve the 
     delivery of community-based family strengthening services 
     designed to prevent child abuse and neglect, including 
     improved access for diverse populations with demonstrated 
     need; and
       ``(12) an assurance that the lead entity will provide the 
     Secretary with reports at such time and containing such 
     information as the Secretary may require.''.

     SEC. 125. LOCAL PROGRAM REQUIREMENTS.

       Section 205 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116e) is amended to read as follows:

     ``SEC. 205. LOCAL PROGRAM REQUIREMENTS.

       ``(a) In General.--Grants or contracts made by the lead 
     entity under this title shall be used to develop, implement, 
     operate, expand, and enhance community-based family 
     strengthening services through a continuum of preventive 
     services to strengthen families and prevent child abuse and 
     neglect in a manner that--
       ``(1) helps families build protective factors that are 
     linked to the prevention of child abuse and neglect to 
     support child and family well-being, including knowledge of 
     parenting and child development, parental resilience, social 
     connections, time-limited and need-based concrete support, 
     and social and emotional development of children;
       ``(2) takes into consideration the assets and needs of 
     communities in which they are located; and
       ``(3) promotes coordination between local programs and 
     public agencies and private entities that promote child, 
     parent, and family well-being.
       ``(b) Local Uses of Funds.--Grant funds from the lead 
     entity shall be used to develop, implement, operate, expand, 
     and enhance community-based family strengthening services 
     designed to prevent child abuse and neglect, which may 
     include the following:
       ``(1) assessing community assets and needs through a 
     planning process that--
       ``(A) involves other community-based organizations or 
     agencies that have already performed a needs-assessment, 
     where possible;
       ``(B) includes the meaningful involvement of parents; and
       ``(C) uses information and expertise from local public 
     agencies, local nonprofit organizations, and private sector 
     representatives in meaningful roles;
       ``(2) developing a comprehensive strategy to provide a 
     continuum of preventive, family-centered services to children 
     and families that strengthen and support families to prevent 
     child abuse and neglect, especially to young parents, to 
     parents with young children, to families in hard-to-reach 
     areas, and to parents who are adult former victims of 
     domestic violence or child abuse or neglect, through public-
     private partnerships;
       ``(3)(A) providing for core child abuse and neglect 
     prevention services, which may be provided directly by the 
     local recipient of the grant funds or through grants or 
     agreements with other local agencies, such as--
       ``(i) parenting support and education programs, including 
     services that help parents and other caregivers support 
     children's development;
       ``(ii) mutual support and self help programs for parents 
     and children;
       ``(iii) parent leadership skills development programs that 
     support parents as leaders in their families and communities;
       ``(ii) respite care services;
       ``(iii) outreach and follow-up services, which may include 
     voluntary home visiting services; and
       ``(iv) community and social service referrals; and
       ``(B) connecting individuals and families to additional 
     services, including--
       ``(i) referral to and counseling for adoption services for 
     individuals interested in adopting a child or relinquishing 
     their child for adoption;
       ``(ii) child care, early childhood care and education, such 
     as Head Start and Early Head Start under the Head Start Act 
     (42 U.S.C. 9831 et seq.), and early intervention services, 
     including early intervention services for infants and 
     toddlers with disabilities eligible for such services as 
     defined in section 632 of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1432);
       ``(iii) referral to services and supports to meet the 
     additional needs of families with children with disabilities 
     and parents who are individuals with disabilities;
       ``(iv) nutrition programs, which may include the special 
     supplemental nutrition programs for women, infants, and 
     children established by section 17 of the Child Nutrition Act 
     of 1966 (42 U.S.C. 1786) and the supplemental nutrition 
     assistance program under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.);
       ``(v) referral to educational services and workforce 
     development activities, such as activities described in 
     section 134 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3174), adult education, including literacy and 
     academic tutoring, and activities as described in section 203 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3272);
       ``(vi) self-sufficiency and life management skills 
     training;
       ``(vii) community referral services, including early 
     developmental screening of children and mental health 
     services;
       ``(viii) peer counseling; and
       ``(ix) domestic violence service programs that provide 
     services and treatment to children and their non-abusing 
     caregivers;
       ``(4) developing and maintaining leadership roles for the 
     meaningful involvement of parents in the development, 
     operation, evaluation, and oversight of the programs and 
     services, including to promote access to such programs and 
     services in spaces familiar to families;
       ``(5) providing leadership in mobilizing local public and 
     private resources to support the provision of needed child 
     abuse and neglect prevention program services; and
       ``(6) coordinating with public agencies and private 
     entities that promote child, parent, and family well-being, 
     including through the development of State and local networks 
     of programs and activities to develop a continuum of 
     preventive services to strengthen families and to prevent 
     child abuse and neglect, where appropriate.
       ``(b) Priority.--In awarding local grants under this title, 
     a lead entity shall give priority to effective local programs 
     serving low-income communities and those serving young 
     parents or parents with young children, including community-
     based child abuse and neglect prevention programs.''.

     SEC. 126. PERFORMANCE MEASURES.

       Section 206 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116f) is amended to read as follows:

[[Page H5262]]

  


     ``SEC. 206. PERFORMANCE MEASURES.

       ``A State receiving a grant under this title, through 
     reports provided to the Secretary--
       ``(1) shall demonstrate the effective development, 
     operation, and expansion of community-based family 
     strengthening services designed to prevent child abuse and 
     neglect that meets the requirements of this title;
       ``(2) shall supply an inventory and description of the 
     services provided to families by local programs that meet 
     identified community needs, including core and additional 
     services as described in section 205, which description shall 
     specify whether those services are evidence-based or 
     evidence-informed, and which may include a description of 
     barriers and challenges, if any, to implementing evidence-
     based or evidence-informed services;
       ``(3) shall demonstrate that the lead entity addressed 
     unmet need identified by the inventory and description of 
     current services required under section 204(3) including, to 
     the extent practicable, how the lead entity utilized a 
     statewide strategy to address such unmet need;
       ``(4) shall describe the number of families served, 
     including families with children with disabilities, and 
     parents with disabilities, and demonstrate the involvement of 
     a diverse representation of families in the design, 
     operation, and evaluation of community-based family 
     strengthening services designed to prevent child abuse and 
     neglect, and in the design, operation and evaluation of the 
     networks of such community-based and prevention-focused 
     programs;
       ``(5) shall demonstrate a high level of satisfaction among 
     families who have participated in the community-based family 
     strengthening services designed to prevent child abuse and 
     neglect;
       ``(6) shall demonstrate the establishment or maintenance of 
     innovative funding mechanisms, at the State or local level, 
     that blend Federal, State, local, and private funds, and 
     innovative, interdisciplinary service delivery mechanisms, 
     for the development, operation, expansion, and enhancement of 
     the community-based family strengthening services designed to 
     prevent child abuse and neglect;
       ``(7) shall describe the results of evaluation, or the 
     outcomes of monitoring, conducted under the State program to 
     demonstrate the effectiveness of activities conducted under 
     this title in meeting the purposes of the program, including 
     the number of local programs funded and the number of such 
     programs that collaborate with outside entities; and
       ``(8) shall demonstrate an implementation plan to ensure 
     the continued leadership of parents in the on-going planning, 
     implementation, and evaluation of such community-based family 
     strengthening services designed to prevent child abuse and 
     neglect.''.

     SEC. 127. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY 
                   RESOURCE PROGRAMS.

       Section 207 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116g) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``such sums as may be necessary'' and inserting ``not more 
     than 5 percent''; and
       (2) in paragraph (3), by striking ``community-based and 
     prevention-focused programs and activities designed to 
     strengthen and support families'' and inserting ``community-
     based family strengthening services designed''.

     SEC. 128. DEFINITIONS.

       Section 208 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116h) is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (1), respectively, and transferring paragraph (1) as 
     redesignated to appear before paragraph (2) as redesignated; 
     and
       (2) by striking paragraph (1) (as so redesignated) and 
     inserting the following:
       ``(1) Community-based family strengthening services.--The 
     term `community-based family strengthening services' includes 
     family resource programs, family support programs, voluntary 
     home visiting programs, respite care services, parenting 
     education, mutual support programs for parents and children, 
     parent partner programs, and other community programs or 
     networks of such programs that provide activities that are 
     designed to prevent child abuse and neglect.''.

     SEC. 129. RULE OF CONSTRUCTION.

       (a) In General.--Title II of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5116 et seq.) is amended--
       (1) by redesignating section 209 as section 210; and
       (2) by inserting after section 208 the following:

     ``SEC. 209. RULE OF CONSTRUCTION.

       ``Nothing in this title shall be construed to prohibit 
     grandparents, kinship care providers, foster parents, or 
     adoptive parents from receiving or participating in services 
     and programs under this title.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Child Abuse Prevention and Treatment Act is 
     amended by striking the item relating to section 209 and 
     inserting the following:

``Sec. 209. Rule of construction.
``Sec. 210. Authorization of appropriations.''.

     SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

       Section 210 of the Child Abuse Prevention and Treatment 
     Act, as redesignated by section 129 of this title, is 
     amended--
       (1) by striking ``There are'' and inserting the following:
       ``(a) In General.--There are'';
       (2) by striking ``to carry out'' through ``fiscal year 
     2010'' and inserting ``to carry out this title $270,000,000 
     for fiscal year 2021'';
       (3) by striking ``2011 through 2015'' and inserting ``2022 
     through 2026''; and
       (4) by adding at the end the following:
       ``(b) Treatment of Non-Federal Funds in Certain Fiscal 
     Years.--For any fiscal year for which the amount appropriated 
     under subsection (a) exceeds the amount appropriated under 
     such subsection for fiscal year 2019, the Secretary shall 
     consider non-Federal funds and in-kind contributions as part 
     of the State contribution for the activities specified in 
     section 204(4).''.

     SEC. 131. STUDY AND REPORT.

       (a) Study Relating to New Prevention Programs.--
       (1) In general.--The Comptroller General of the United 
     States shall complete a study, using data reported by States 
     to the Secretary of Health and Human Services under section 
     206 of the Child Abuse Prevention and Treatment Act (42 
     U.S.C. 5116f), as amended by this title--
       (A) to determine how many families and children in the 
     first 3 years after the date of the enactment of this Act are 
     served annually through programs funded under title II of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et 
     seq.); and
       (B) to compare the number of such families and children 
     served annually in the first 3 years after the date of the 
     enactment of this Act to the number of such families and 
     children served in fiscal year 2020.
       (2) Contents.--The study required under paragraph (1) shall 
     include the following for each of the first 3 years after the 
     date of the enactment of this Act:
       (A) An examination of how many families received evidence-
     based programming under title II of the Child Abuse 
     Prevention and Treatment Act (42 U.S.C. 5116 et seq.).
       (B) An examination of the extent to which local programs 
     conduct evaluations using funds provided under such title and 
     the findings of such evaluations.
       (C) An examination of whether findings of effectiveness in 
     evaluation studies vary by urban, suburban, or rural 
     community type.
       (D) An examination of whether programs partnering with 
     other entities are more effective than those that do not 
     partner with other entities.
       (E) An examination of barriers to implement evidence-based 
     programming or to conduct evaluations in instances where such 
     activities do not occur.
       (b) Report.--Not later than 4 years after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on 
     Education and Labor of the House of Representatives a report 
     that contains the results of the study conducted under 
     paragraph (1).

                   Subtitle C--Adoption Opportunities

     SEC. 141. PURPOSE.

       Section 201 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
       (1) in the section heading, by striking ``congressional 
     findings and declaration of purpose'' and inserting 
     ``purpose'';
       (2) by striking subsection (a); and
       (3) in subsection (b)--
       (A) by striking ``(b) Purpose.--'';
       (B) in the matter preceding paragraph (1), by inserting 
     ``sexual and gender minority youth'' after ``particularly 
     older children, minority children,''; and
       (C) in paragraph (1), by inserting ``services and,'' after 
     ``post-legal adoption''.

     SEC. 142. REPORT AND GUIDANCE ON UNREGULATED CUSTODY 
                   TRANSFERS.

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

     ``SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUSTODY 
                   TRANSFERS.

       ``(a) Sense of Congress.--It is the sense of Congress that:
       ``(1) Some adopted children may be at risk of experiencing 
     an unregulated custody transfer because the challenges 
     associated with adoptions (including the child's mental 
     health needs and the difficulties many families face in 
     acquiring support services) may lead families to seek out 
     unregulated custody transfers.
       ``(2) Some adopted children experience trauma, and the 
     disruption and placement in another home by unregulated 
     custody transfer creates additional trauma and instability 
     for children.
       ``(3) Children who experience an unregulated custody 
     transfer may be placed with families who have not completed 
     required child welfare or criminal background checks or 
     clearances.
       ``(4) Social services agencies and courts are often unaware 
     of the placement of children through unregulated custody 
     transfer and therefore do not conduct assessments on the 
     child's safety and well-being in such placements.
       ``(5) Such lack of placement oversight places a child at 
     risk for future abuse and increases the chance that the child 
     may experience--
       ``(A) abuse or neglect;
       ``(B) contact with unsafe adults or youth; and
       ``(C) exposure to unsafe or isolated environments.
       ``(6) The caregivers with whom a child is placed through 
     unregulated custody transfer often have no legal 
     responsibility with respect to such child, placing the child 
     at risk for additional unregulated custody transfers.
       ``(7) Such caregivers also may not have complete records 
     with respect to such child, including the child's birth, 
     medical, or immigration records.
       ``(8) A child adopted through intercountry adoption may be 
     at risk of not acquiring United States citizenship if an 
     unregulated custody transfer occurs before the adoptive 
     parents complete all necessary steps to finalize the adoption 
     of such child.
       ``(9) Engaging in, or offering to engage in, unregulated 
     custody transfer places children at risk of harm.

[[Page H5263]]

       ``(b) Report to Congress.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this section, the Secretary of Health and 
     Human Services shall provide to the Committee on Education 
     and Labor of the House of Representatives, the Committee on 
     Ways and Means of the House of Representatives, the Committee 
     on Finance of the Senate, and the Committee on Health, 
     Education, Labor and Pensions of the Senate a report on 
     unregulated custody transfers of children, including of 
     adopted children.
       ``(2) Elements.--The report required under paragraph (1) 
     shall include--
       ``(A) the causes, methods, and characteristics of 
     unregulated custody transfers, including the use of social 
     media and the internet;
       ``(B) the effects of unregulated custody transfers on 
     children, including the lack of assessment of a child's 
     safety and well-being by social services agencies and courts 
     due to such unregulated custody transfer;
       ``(C) the prevalence of unregulated custody transfers 
     within each State and across all States; and
       ``(D) recommended policies for preventing, identifying, and 
     responding to unregulated custody transfers, including of 
     adopted children, that include--
       ``(i) amendments to Federal and State law to address 
     unregulated custody transfers;
       ``(ii) amendments to child protection practices to address 
     unregulated custody transfers; and
       ``(iii) methods of providing the public information 
     regarding adoption and child protection.
       ``(c) Guidance to States.--
       ``(1) In general.--Not later than 180 days after the date 
     specified in subsection (b)(1), the Secretary shall issue 
     guidance and technical assistance to States related to 
     preventing, identifying, and responding to unregulated 
     custody transfers, including of adopted children.
       ``(2) Elements.--The guidance required under paragraph (1) 
     shall include--
       ``(A) education materials related to preventing, 
     identifying, and responding to unregulated custody transfers 
     for employees of State, local, and Tribal agencies that 
     provide child welfare services;
       ``(B) guidance on appropriate pre-adoption education and 
     post-adoption services for domestic and international 
     adoptive families to promote child permanency; and
       ``(C) the assistance available through the National 
     Resource Center for Special Needs Adoption under section 
     203(b)(9).
       ``(d) Definitions.--In this section:
       ``(1) State.--The term `State' means each of the several 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       ``(2) Unregulated custody transfer.--The term `unregulated 
     custody transfer' means the abandonment of a child, by the 
     child's parent, legal guardian, or a person or entity acting 
     on behalf, and with the consent, of such parent or guardian--
       ``(A) by placing a child with a person who is not--
       ``(i) the child's parent, step-parent, grandparent, adult 
     sibling, legal guardian, or other adult relative;
       ``(ii) a friend of the family who is an adult and with whom 
     the child is familiar; or
       ``(iii) a member of the Federally recognized Indian tribe 
     of which the child is also a member;
       ``(B) with the intent of severing the relationship between 
     the child and the parent or guardian of such child; and
       ``(C) without--
       ``(i) reasonably ensuring the safety of the child and 
     permanency of the placement of the child, including by 
     conducting an official home study, background check, and 
     supervision; and
       ``(ii) transferring the legal rights and responsibilities 
     of parenthood or guardianship under applicable Federal and 
     State law to a person described in subparagraph (A).''.

     SEC. 143. INFORMATION AND SERVICES.

       (a) National Resource Center for Special Needs Adoption.--
     Section 203(b)(9) of the Child Abuse Prevention and Treatment 
     and Adoption Reform Act of 1978 (42 U.S.C. 5113(b)(9)) is 
     amended by inserting ``not later than 2 years after the date 
     of the enactment of the Human Services and Community Supports 
     Act, establish and'' before ``maintain''.
       (b) Placement With Adoptive Families.--Section 
     203(b)(11)(C) of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5113(b)(11)(C)) is 
     amended by striking ``such children'' and inserting ``the 
     children and youth described in the matter preceding 
     paragraph (1) of section 201''.
       (c) Pre-Adoption Services.--Section 203(c)(1) of the Child 
     Abuse Prevention and Treatment and Adoption Reform Act of 
     1978 (42 U.S.C. 5113(c)(1)) is amended by striking ``post'' 
     and inserting ``pre- and post-''.
       (d) Services.--Section 203(c)(2) of the Child Abuse 
     Prevention and Treatment and Adoption Reform Act of 1978 (42 
     U.S.C. 5113(c)(2)) is amended by inserting ``and the 
     development of such services,'' after ``not supplant, 
     services''.
       (e) Elimination of Barriers to Adoption Across 
     Jurisdictional Boundaries.--Section 203(e)(1) of the Child 
     Abuse Prevention and Treatment and Adoption Reform Act of 
     1978 (42 U.S.C. 5113(e)(1)) is amended--
       (1) by striking ``with, States,'' and inserting ``with 
     States, Indian Tribes,''; and
       (2) by inserting ``, including through the use of web-based 
     tools such as the electronic interstate case-processing 
     system referred to in section 437(g) of the Social Security 
     Act (42 U.S.C. 629g(g))'' before the period at the end.

     SEC. 144. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.

       Section 204 of the Child Abuse Prevention and Treatment and 
     Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended to 
     read as follows:

     ``SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.

       ``(a) Study.--The Secretary shall conduct a study (directly 
     or by grant to, or contract with, public or private nonprofit 
     research agencies or organizations) on adoption outcomes and 
     the factors (including parental substance use disorder) 
     affecting those outcomes.
       ``(b) Report.--Not later than the date that is 36 months 
     after the date of the enactment of the Human Services and 
     Community Supports Act the Secretary shall submit a report to 
     Congress that includes the results of the study required 
     under subsection (a).''.

     SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

       Section 205(a) of the Child Abuse Prevention and Treatment 
     and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is 
     amended--
       (1) by striking ``fiscal year 2010'' and inserting ``fiscal 
     year 2021''; and
       (2) by striking ``fiscal years 2011 through 2015'' and 
     inserting ``fiscal years 2022 through 2026''.

                  Subtitle D--Amendments to Other Laws

     SEC. 151. TECHNICAL AND CONFORMING AMENDMENTS TO OTHER LAWS.

       (a) Head Start Act.--Section 658E(c)(2)(L) of the Head 
     Start Act (42 U.S.C. 9858c(c)(2)(L)) is amended by striking 
     ``will comply with the child abuse reporting requirements of 
     section 106(b)(2)(B)(i) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i))'' and inserting 
     ``will comply with the child abuse reporting requirements of 
     section 106(b)(2)(A)(i) of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5106a(b)(2)(A)(i))''.
       (b) Victims of Crime Act of 1984.--Section 1404A of the 
     Victims of Crime Act of 1984 (34 U.S.C. 20104) is amended by 
     striking ``section 109'' and inserting ``section 107''.

   TITLE II--CHILD NUTRITION AND THE SPECIAL SUPPLEMENTAL NUTRITION 
                PROGRAM FOR WOMEN, INFANTS, AND CHILDREN

     SEC. 201. EMERGENCY COSTS FOR CHILD NUTRITION PROGRAMS DURING 
                   COVID-19 PANDEMIC.

       (a) Use of Certain Appropriations to Cover Emergency 
     Operational Costs Under School Meal Programs.--
       (1) In general.--
       (A) Required allotments.--Notwithstanding any other 
     provision of law, the Secretary shall allocate to each State 
     that participates in the reimbursement program under 
     paragraph (3) such amounts as may be necessary to carry out 
     reimbursements under such paragraph for each reimbursement 
     month, including, subject to paragraph (4)(B), administrative 
     expenses necessary to make such reimbursements.
       (B) Guidance with respect to program.--Not later than 10 
     days after the date of the enactment of this section, the 
     Secretary shall issue guidance with respect to the 
     reimbursement program under paragraph (3).
       (2) Reimbursement program application.--To participate in 
     the reimbursement program under paragraph (3), not later than 
     30 days after the date described in paragraph (1), a State 
     shall submit an application to the Secretary that includes a 
     plan to calculate and disburse reimbursements under the 
     reimbursement program under paragraph (3).
       (3) Reimbursement program.--Using the amounts allocated 
     under paragraph (1)(A), a State participating in the 
     reimbursement program under this paragraph shall make 
     reimbursements for emergency operational costs for each 
     reimbursement month as follows:
       (A) For each new school food authority in the State for the 
     reimbursement month, an amount equal to 55 percent of the 
     amount equal to--
       (i) the average monthly amount such new school food 
     authority was reimbursed under the reimbursement sections for 
     meals and supplements served by such new school food 
     authority during the alternate period; minus
       (ii) the amount such new school food authority was 
     reimbursed under the reimbursement sections for meals and 
     supplements served by such new school food authority during 
     such reimbursement month.
       (B) For each school food authority not described in 
     subparagraph (A) in the State for the reimbursement month, an 
     amount equal to 55 percent of--
       (i) the amount such school food authority was reimbursed 
     under the reimbursement sections for meals and supplements 
     served by such school food authority for the month beginning 
     one year before such reimbursement month; minus
       (ii) the amount such school food authority was reimbursed 
     under the reimbursement sections for meals and supplements 
     served by such school food authority during such 
     reimbursement month.
       (4) Treatment of funds.--
       (A) Availability.--Funds allocated to a State under 
     paragraph (1)(A) shall remain available until June 30, 2021.
       (B) Administrative expenses.--A State may reserve not more 
     than 1 percent of the funds allocated under paragraph (1)(A) 
     for administrative expenses to carry out this subsection.
       (C) Unexpended balance.--On December 31, 2021, any amounts 
     allocated to a State under paragraph (1)(A) or reimbursed to 
     a school food authority or new school food authority under 
     paragraph (3) that are unexpended by such State, school food 
     authority, or new school food authority shall revert to the 
     Secretary.
       (5) Reports.--Each State that carries out a reimbursement 
     program under paragraph (3) shall, not later than December 
     31, 2021, submit a report to the Secretary that includes a 
     summary of the use of such funds by the State and each school 
     food authority and new school food authority in such State.

[[Page H5264]]

       (b) Use of Certain Appropriations to Cover Child and Adult 
     Care Food Program Child Care Operational Emergency Costs 
     During COVID-19 Pandemic.--
       (1) In general.--
       (A) Required allotments.--Notwithstanding any other 
     provision of law, the Secretary shall allocate to each State 
     that participates in the reimbursement program under 
     paragraph (3) such amounts as may be necessary to carry out 
     reimbursements under such paragraph for each reimbursement 
     month, including, subject to paragraph (4)(C), administrative 
     expenses necessary to make such reimbursements.
       (B) Guidance with respect to program.--Not later than 10 
     days after the date of the enactment of this section, the 
     Secretary shall issue guidance with respect to the 
     reimbursement program under paragraph (3).
       (2) Reimbursement program application.--To participate in 
     the reimbursement program under paragraph (3), not later than 
     30 days after the date described in paragraph (1), a State 
     shall submit an application to the Secretary that includes a 
     plan to calculate and disburse reimbursements under the 
     reimbursement program under paragraph (3).
       (3) Reimbursement amount.--Using the amounts allocated 
     under paragraph (1)(A), a State participating in the 
     reimbursement program under this paragraph shall make 
     reimbursements for child care operational emergency costs for 
     each reimbursement month as follows:
       (A) For each new covered institution in the State for the 
     reimbursement month, an amount equal to 55 percent of--
       (i) the average monthly amount such covered institution was 
     reimbursed under subsection (c) and subsection (f) of section 
     17 of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1766) for meals and supplements served by such new 
     covered institution during the alternate period; minus
       (ii) the amount such covered institution was reimbursed 
     under such section for meals and supplements served by such 
     new covered institution during such reimbursement month.
       (B) For each covered institution not described in 
     subparagraph (A) in the State for the reimbursement month, an 
     amount equal to 55 percent of--
       (i) the amount such covered institution was reimbursed 
     under subsection (c) and subsection (f) of section 17 of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1766) 
     for meals and supplements served by such covered institution 
     during the month beginning one year before such reimbursement 
     month; minus
       (ii) the amount such covered institution was reimbursed 
     under such section for meals and supplements served by such 
     covered institution during such reimbursement month.
       (C) For each new sponsoring organization of a family or 
     group day care home in the State for the reimbursement month, 
     an amount equal to 55 percent of--
       (i) the average monthly amount such new sponsoring 
     organization of a family or group day care home was 
     reimbursed under section 17(f)(3)(B) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) 
     for administrative funds for the alternate period; minus
       (ii) the amount such new sponsoring organization of a 
     family or group day care home was reimbursed under such 
     section for administrative funds for the reimbursement month.
       (D) For each sponsoring organization of a family or group 
     day care home not described in subparagraph (C) in the State 
     for the reimbursement month, an amount equal to 55 percent 
     of--
       (i) the amount such sponsoring organization of a family or 
     group day care home was reimbursed under section 17(f)(3)(B) 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1766(f)(3)(B)) for administrative funds for the month 
     beginning one year before such reimbursement month; minus
       (ii) the amount such sponsoring organization of a family or 
     group day care home was reimbursed under such section for 
     administrative funds for such reimbursement month.
       (4) Treatment of funds.--
       (A) Availability.--Funds allocated to a State under 
     paragraph (1)(A) shall remain available until June 30, 2021.
       (B) Unaffiliated center.--In the case of a covered 
     institution or a new covered institution that is an 
     unaffiliated center that is sponsored by a sponsoring 
     organization and receives funds for a reimbursement month 
     under subparagraph (A) or (B), such unaffiliated center shall 
     provide to such sponsoring organization an amount of such 
     funds as agreed to by the sponsoring organization and the 
     unaffiliated center, except such amount may not be greater be 
     than 15 percent of such funds.
       (C) Administrative expenses.--A State may reserve not more 
     than 1 percent of the funds allocated under paragraph (1)(A) 
     for administrative expenses to carry out this subsection.
       (D) Unexpended balance.--On December 31, 2021, any amounts 
     allocated to a State under paragraph (1)(A) or reimbursed to 
     a new covered institution, covered institution, new 
     sponsoring organization of a family or group day care home, 
     or sponsoring organization of a family or group day care home 
     that are unexpended by such State, new covered institution, 
     covered institution, new sponsoring organization of a family 
     or group day care home, or sponsoring organization of a 
     family or group day care home, shall revert to the Secretary.
       (5) Reports.--Each State that carries out a reimbursement 
     program under paragraph (3) shall, not later than December 
     31, 2021, submit a report to the Secretary that includes a 
     summary of the use of such funds by the State and each new 
     covered institution, covered institution, new sponsoring 
     organization of a family or group day care home, or 
     sponsoring organization of a family or group day care home.
       (c) Funding.--There are hereby appropriated to the 
     Secretary, out of any funds in the Treasury not otherwise 
     appropriated, such sum as may be necessary to carry out this 
     section.
       (d) Definitions.--In this section:
       (1) Alternate period.--The term ``alternate period'' means 
     the period beginning January 1, 2020 and ending February 29, 
     2020.
       (2) Emergency operational costs.--The term ``emergency 
     operational costs'' means the costs incurred by a school food 
     authority or new school food authority--
       (A) during a public health emergency;
       (B) that are related to the ongoing operation, modified 
     operation, or temporary suspension of operation (including 
     administrative costs) of such school food authority or new 
     school food authority; and
       (C) except as provided under subsection (a), that are not 
     reimbursed under a Federal grant.
       (3) Child care operational emergency costs.--The term 
     ``child care operational emergency costs'' means the costs 
     under the child and adult care food program under section 17 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1766) incurred by a new covered institution, covered 
     institution, new sponsoring organization of a family or group 
     day care home, or sponsoring organization of a family or 
     group day care home--
       (A) during a public health emergency;
       (B) that are related to the ongoing operation, modified 
     operation, or temporary suspension of operation (including 
     administrative costs) of such new covered institution, 
     covered institution, new sponsoring organization of a family 
     or group day care home, sponsoring organization of a family 
     or group day care home, or sponsoring organization of an 
     unaffiliated center; and
       (C) except as provided under subsection (b), that are not 
     reimbursed under a Federal grant.
       (4) Covered institution.--The term ``covered institution'' 
     means--
       (A) an institution (as defined in section 17(a)(2) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(a)(2))); and
       (B) a family or group day care home.
       (5) New covered institution.--The term ``new covered 
     institution'' means a covered institution for which no 
     reimbursements were made for meals and supplements under 
     section 17(c) or (f) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1766) with respect to the 
     previous reimbursement period.
       (6) New school food authority.--The term ``new school food 
     authority'' means a school food authority for which no 
     reimbursements were made under the reimbursement sections 
     with respect to the previous reimbursement period.
       (7) New sponsoring organization of a family or group day 
     care.--The term ``new sponsoring organization of a family or 
     group day care'' means a sponsoring organization of a family 
     or group day care home for which no reimbursements for 
     administrative funds were made under section 17(f)(3)(B) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(f)(3)(B)) for the previous reimbursement period.
       (8) Previous reimbursement period.--The term ``previous 
     reimbursement period'' means the period beginning March 1, 
     2019 and ending June 30, 2019.
       (9) Public health emergency.--The term ``public health 
     emergency'' means a public health emergency declared pursuant 
     to section 319 of the Public Health Service Act (42 U.S.C. 
     247d) resulting from the COVID-19 pandemic.
       (10) Reimbursement month.--The term ``reimbursement month'' 
     means March 2020, April 2020, May 2020, and June 2020.
       (11) Reimbursement sections.--The term ``reimbursement 
     sections'' means--
       (A) section 4(b), section 11(a)(2), section 13, and section 
     17A(c) of the Richard B. Russell National School Lunch Act 
     (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 
     U.S.C. 1766a(c)); and
       (B) section 4 of the Child Nutrition Act (42 U.S.C. 1773).
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (13) State.-- The term ``State'' has the meaning given such 
     term in section 12(d)(8) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1760(d)(8)).

     SEC. 202. FRESH PRODUCE FOR KIDS IN NEED.

       Section 2202(f)(1) of the Families First Coronavirus 
     Response Act (42 U.S.C. 1760 note) is amended by adding at 
     the end the following:
       ``(E) The fresh fruit and vegetable program under section 
     19 of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1769a).''.

     SEC. 203. WIC BENEFIT FLEXIBILITY DURING COVID-19.

       (a) In General.--
       (1) Authority to increase amount of cash-value voucher.--
     During the COVID-19 public health emergency declared under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     and in response to challenges related to such public health 
     emergency, the Secretary may increase the amount of a cash-
     value voucher under a qualified food package to an amount 
     less than or equal to $35.
       (2) Application of increased amount of cash-value voucher 
     to state agencies.--
       (A) Notification.--An increase to the amount of a cash-
     value voucher under paragraph (1) shall apply to any State 
     agency that notifies the Secretary of the intent to use such 
     an increased amount, without further application.
       (B) Use of increased amount.--A State agency that notifies 
     the Secretary under subparagraph (A) may use or not use the 
     increased amount described in such subparagraph during the 
     period beginning on the date of the notification by the State 
     agency under such subparagraph and ending on the date that is 
     120 days after the date of the enactment of this section.

[[Page H5265]]

       (3) Application period.--An increase to the amount of a 
     cash-value voucher under paragraph (1) may only apply during 
     the period beginning on the date of the enactment of this 
     section and ending on January 31, 2021.
       (4) Sunset.--The authority to make an increase to the 
     amount of a cash-value voucher under paragraph (1) or to use 
     such an increased amount under paragraph (2)(B) shall 
     terminate on the date that is 120 days after the date of the 
     enactment of this section.
       (b) Definitions.--
       (1) Cash-value voucher.--The term ``cash-value voucher'' 
     has the meaning given the term in section 246.2 of title 7, 
     Code of Federal Regulations.
       (2) Qualified food package.--The term ``qualified food 
     package'' means the following food packages under section 
     246.10(e) of title 7, Code of Federal Regulations:
       (A) Food Package IV-Children 1 through 4 years.
       (B) Food Package V-Pregnant and partially (mostly) 
     breastfeeding women.
       (C) Food Package VI-Postpartum women.
       (D) Food Package VII-Fully breastfeeding.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) State agency.--The term ``State agency'' has the 
     meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).

     SEC. 204. COVID-19 WIC SAFETY AND MODERNIZATION.

       (a) Establishment of Task Force.--Not later than 90 days 
     after the date of the enactment of this section, the 
     Secretary shall establish a task force on supplemental foods 
     delivery in the special supplemental nutrition program (in 
     this section referred to as the ``Task Force'').
       (b) Membership.--
       (1) Composition.--The Task Force shall be composed of at 
     least 1 member but not more than 3 members appointed by the 
     Secretary from each of the following:
       (A) Retailers of supplemental foods.
       (B) Representatives of State agencies.
       (C) Representatives of Indian State agencies.
       (D) Representatives of local agencies.
       (E) Technology companies with experience maintaining the 
     special supplemental nutrition program information systems 
     and technology, including management information systems or 
     electronic benefit transfer services.
       (F) Manufacturers of supplemental foods.
       (G) Participants in the special supplemental nutrition 
     program from diverse locations.
       (H) Other organizations that have experience with and 
     knowledge of the special supplemental nutrition program.
       (2) Limitation on membership.--The Task Force shall be 
     composed of not more than 20 members.
       (c) Duties.--
       (1) Study.--The Task Force shall study measures to 
     streamline the redemption of supplemental foods benefits that 
     promote convenience, safety, and equitable access to 
     supplemental foods, including infant formula, for 
     participants in the special supplemental nutrition program, 
     including--
       (A) online and telephonic ordering and curbside pickup of, 
     and payment for, supplemental foods;
       (B) online and telephonic purchasing of supplemental foods;
       (C) home delivery of supplemental foods;
       (D) self checkout for purchases of supplemental foods; and
       (E) other measures that limit or eliminate consumer 
     presence in a physical store.
       (2) Report by task force.--Not later than September 30, 
     2021, the Task Force shall submit to the Secretary a report 
     that includes--
       (A) the results of the study required under paragraph (1); 
     and
       (B) recommendations with respect to such results.
       (3) Report by secretary.--Not later than 45 days after 
     receiving the report required under paragraph (2), the 
     Secretary shall--
       (A) submit to Congress a report that includes--
       (i) a plan with respect to carrying out the recommendations 
     received by the Secretary in such report under paragraph (2); 
     and
       (ii) an assessment of whether legislative changes are 
     necessary to carry out such plan; and
       (B) notify the Task Force of the submission of the report 
     required under subparagraph (A).
       (4) Publication.--The Secretary shall make publicly 
     available on the website of the Department of Agriculture--
       (A) the report received by the Secretary under paragraph 
     (2); and
       (B) the report submitted by the Secretary under paragraph 
     (3)(A).
       (d) Termination.--The Task Force shall terminate on the 
     date the Secretary submits the report required under 
     paragraph (3)(A).
       (e) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Task 
     Force.
       (f) Definitions.--In this section:
       (1) Local agency.--The term ``local agency'' has the 
     meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Special supplemental nutrition program.--The term 
     ``special supplemental nutrition program'' means the special 
     supplemental nutrition program under section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786).
       (4) State agency.--The term ``State agency'' has the 
     meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).
       (5) Supplemental foods.--The term ``supplemental foods'' 
     has the meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).

     SEC. 205. SERVING YOUTH IN THE CHILD AND ADULT CARE FOOD 
                   PROGRAM AT EMERGENCY SHELTERS.

       (a) Program for At-risk School Children.--Beginning on the 
     date of the enactment of this section, notwithstanding 
     paragraph (1)(A) of section 17(r) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766(r)), during the 
     COVID-19 public health emergency declared under section 319 
     of the Public Health Service Act (42 U.S.C. 247d), the 
     Secretary shall reimburse institutions that are emergency 
     shelters under such section 17(r) (42 U.S.C. 1766(r)) for 
     meals and supplements served to individuals who at the time 
     of such service have not attained the age of 25.
       (b) Participation by Emergency Shelters.--Beginning on the 
     date of the enactment of this section, notwithstanding 
     paragraph (5)(A) section 17(t) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766(t)), during the 
     COVID-19 public health emergency declared under section 319 
     of the Public Health Service Act (42 U.S.C. 247d), the 
     Secretary shall reimburse emergency shelters under such 
     section 17(t) (42 U.S.C. 1766(t)) for meals and supplements 
     served to individuals who at the time of such service have 
     not attained the age of 25.
       (c) Funding.--There are hereby appropriated to the 
     Secretary, out of any funds in the Treasury not otherwise 
     appropriated, such sum as may be necessary to carry out this 
     section.
       (d) Definitions.--In this section:
       (1) Emergency shelter.--The term ``emergency shelter'' has 
     the meaning given the term under section 17(t)(1) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(t)(1)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 206. CALCULATION OF PAYMENTS AND REIMBURSEMENTS FOR 
                   CERTAIN CHILD NUTRITION PROGRAMS.

       (a) Richard B. Russell National School Lunch Act.--
       (1) Commodity assistance.--Notwithstanding any other 
     provision of law, for purposes of providing commodity 
     assistance to a State under section 6(c)(1)(C) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 
     1755(c)(1)(C)) or cash assistance in lieu of such commodity 
     assistance under section 16 of such Act (42 U.S.C. 1765) the 
     Secretary shall deem the number of lunches served by school 
     food authorities in such State during the 2020 period to be 
     equal to the greater of the following:
       (A) The number of lunches served by such school food 
     authorities in such State during the 2019 period.
       (B) The number of lunches served by such school food 
     authorities in such State during the 2020 period.
       (2) Special assistance payments.--Notwithstanding any other 
     provision of law, in determining the number of meals served 
     by a school for purposes of making special assistance 
     payments to a State with respect to a school under 
     subparagraph (B), clause (ii) or (iii) of subparagraph (C), 
     or subparagraph (E)(i)(II) of section 11(a)(1) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)), 
     the Secretary shall deem the number of meals served by such 
     school during the 2020 period to be equal to the greater of 
     the following:
       (A) The number of meals served by such school during the 
     2019 period.
       (B) The number of meals served by such school during the 
     2020 period.
       (b) Child Nutrition Act of 1966.--
       (1) State administrative expenses.--Notwithstanding any 
     other provision of law, for purposes of making payments to a 
     State under section 7(a) of the Child Nutrition Act of 1966 
     (42 U.S.C. 1776(a)), the Secretary shall deem the number of 
     meals and supplements served by such school food authorities 
     in such State during the 2020 period to be equal to the 
     greater of the following:
       (A) The number of meals and supplements served by such 
     school food authorities in such State during the 2019 period.
       (B) The number of meals and supplements served by such 
     school food authorities in such State during the 2020 period.
       (2) Team nutrition network.--Notwithstanding any other 
     provision of law, for purposes of making allocations to a 
     State under section 19(d) of the Child Nutrition Act of 1966 
     (42 U.S.C. 1788(d)), the Secretary shall deem the number of 
     lunches served by school food authorities in such State 
     during the 2020 period to be equal to the greater of the 
     following:
       (A) The number of lunches served by such school food 
     authorities in such State during the 2019 period.
       (B) The number of lunches served by such school food 
     authorities in such State during the 2020 period.
       (c) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) 2019 period.--The term ``2019 period'' means the period 
     beginning March 1, 2019 and ending June 30, 2019.
       (3) 2020 period.--The term ``2020 period'' means the period 
     beginning March 1, 2020 and ending June 30, 2020.

     SEC. 207. REPORTING ON WAIVER AUTHORITY.

       (a) Application to Documents Received or Issued on or After 
     Date of Enactment.--Beginning on the date of the enactment of 
     this section, not later than 10 days after the date of the 
     receipt or issuance of each document specified in paragraph 
     (1), (2), or (3) of this subsection, the Secretary of 
     Agriculture shall make publicly available on the website of 
     the Department of Agriculture the following documents:
       (1) Any request submitted by State agencies for a qualified 
     waiver.

[[Page H5266]]

       (2) The Secretary's approval or denial of each such 
     request.
       (3) Any guidance issued by the Secretary with respect to a 
     qualified waiver.
       (b) Inclusion of Date With Guidance.--With respect to the 
     guidance described in subsection (a)(3), the Secretary of 
     Agriculture shall include the date on which such guidance was 
     issued on the publicly available website of the Department of 
     Agriculture on such guidance.
       (c) Application Received or Issued Before Date of 
     Enactment.--In the case of a document specified in paragraph 
     (1), (2), or (3) of subsection (a) received or issued by the 
     Secretary of Agriculture before the date of the enactment of 
     this section, the Secretary of Agriculture shall, not later 
     than 30 days after the date of the enactment of this section, 
     make publicly available on the website of the Department of 
     Agriculture--
       (1) the documents described in paragraphs (1) through (3) 
     of subsection (a) with respect to each received or issued 
     document; and
       (2) if the Secretary issued guidance with respect to a 
     qualified waiver issued before the date of the enactment of 
     this section, the date on which such guidance was issued.
       (d) Qualified Waiver Defined.--In this section, the term 
     ``qualified waiver'' means a waiver under section 2102, 2202, 
     2203, or 2204 of the Families First Coronavirus Response Act 
     (Public Law 116-127).

                      TITLE III--RELATED PROGRAMS

     SEC. 301. COMMUNITY SERVICES BLOCK GRANT ENHANCEMENT ACT OF 
                   2020.

       (a) Distribution of CARES Act Funds to States.--Section 
     675B(b)(3) of the Community Services Block Grant Act (42 
     U.S.C. 9906(b)(3)) shall not apply with respect to funds 
     appropriated by the CARES Act (Public Law 116-136) to carry 
     out the Community Services Block Grant Act (42 U.S.C. 9901 et 
     seq.).
       (b) Increased Poverty Line.--For purposes of carrying out 
     the Community Services Block Grant Act (42 U.S.C. 9901 et 
     seq.) with any funds appropriated for fiscal year 2021 for 
     such Act, the term ``poverty line'' as defined in section 
     673(2) of such Act (42 U.S.C. 9902(2)) means 200 percent of 
     the poverty line otherwise applicable under such section 
     (excluding the last sentence of such section) without regard 
     to this subsection.
       (c) Distribution of CARES Act Funds by States to Eligible 
     Entities.--Funds appropriated by the CARES Act (Public Law 
     116-136) to carry out the Community Services Block Grant Act 
     (42 U.S.C. 9901 et seq.) and received by a State shall be 
     made available to eligible entities (as defined in section 
     673(1)(A) of such Act (42 U.S.C. 9902(1)(A))) not later than 
     either 30 days after such State receives such funds or 30 
     days after the date of the enactment of this Act, whichever 
     occurs later.

     SEC. 302. FLEXIBILITY FOR THE RUNAWAY AND HOMELESS YOUTH 
                   PROGRAM.

       During the public health emergency declared by the 
     Secretary of Health and Human Services under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d) on January 31, 
     2020, with respect to COVID-19, and any renewal of such 
     declaration, the Secretary may waive with respect to a 
     current or future grantee of funds provided to carry out the 
     Runaway and Homeless Youth Act (42 U.S.C. 11201 et seq.)--
       (1) the 21-day maximum period for which shelter may be 
     provided applicable under section 311(a)(2)(B)(i) of such Act 
     (34 U.S.C. 11211(a)(2)(B)(i));
       (2) the 20-youth maximum capacity of a center or facility 
     applicable under section 312(b)(2)(A) of such Act (34 U.S.C. 
     11212(b)(2)(A)) if such grantee provides an assurance that 
     waiving such requirement would not compromise the health and 
     safety of youth or staff and would not compromise such 
     grantee's ability to implement the applicable guidance issued 
     by the Centers for Disease Control and Prevention to mitigate 
     the spread of COVID-19, including the implementation of 
     appropriate social distancing measures;
       (3) the 540-day and 635-day maximum continuous periods for 
     which shelter and services may be provided applicable under 
     section 322(a)(2) of such Act (34 U.S.C. 11222(a)(2));
       (4) the 20-individual maximum capacity of a shelter or 
     facility applicable under section 322(a)(4) of such Act (34 
     U.S.C. 11222(a)(4)) if such grantee provides an assurance 
     that waiving such requirement would not compromise the health 
     and safety of youth or staff and would not compromise such 
     grantee's ability to implement the applicable guidance issued 
     by the Centers for Disease Control and Prevention to mitigate 
     the spread of COVID-19, including the implementation of 
     appropriate social distancing measures; and
       (5) the 90-percent limitation on the Federal cost share 
     applicable under section 383(a) of such Act (34 U.S.C. 
     11274(a)).

     SEC. 303. EXTENSION OF CERTAIN NUTRITION FLEXIBILITIES FOR 
                   OLDER AMERICANS ACT PROGRAMS NUTRITION 
                   SERVICES.

       (a) Transfer Authority.--Notwithstanding any other 
     provision of the Older Americans Act of 1965 (42 U.S.C. 3001 
     et seq.), with respect to funds received by a State for 
     fiscal year 2021 and attributable to funds appropriated under 
     paragraph (1) or (2) of section 303(b) of such Act, the State 
     may elect in its plan under section 307(a)(13) of such Act 
     regarding part C of title III of such Act, to transfer 
     between subpart 1 and subpart 2 of part C any amount of the 
     funds so received notwithstanding the limitation on transfer 
     authority provided in subparagraph (A) of section 308(b)(4) 
     of such Act and without regard to subparagraph (B) of such 
     section. The preceding sentence shall apply to such funds 
     until expended by the State.
       (b) Home-delivered Nutrition Services Waiver.--For purposes 
     determining eligibility for the delivery of nutrition 
     services under section 337 of the Older Americans Act of 1965 
     (42 U.S.C. 3030g) with funds received by a State under the 
     Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) for 
     fiscal 2021, the State shall treat an older individual who is 
     unable to obtain nutrition because such individual is 
     practicing social distancing due to the emergency in the same 
     manner as the State treats an older individual who is 
     homebound by reason of illness. The preceding sentence shall 
     apply to such funds until expended by the State.
       (c) Dietary Guidelines Waiver.--To facilitate 
     implementation of subparts 1 and 2 of part C of title III of 
     the Older Americans Act of 1965 (42 U.S.C. 3030d-2 et seq.) 
     with funds received by a State for fiscal year 2021, the 
     Assistant Secretary on Aging may waive, but make every effort 
     practicable to continue to encourage the restoration of, the 
     applicable requirements that meals provided under such 
     subparts comply with the requirements of clauses (I) and (ii) 
     of section 339(2)(A) of such Act (42 U.S.C. 3030g-21(2)(A)). 
     The preceding sentence shall apply to such funds until 
     expended by the State.

     SEC. 304. USE OF LIHEAP SUPPLEMENTAL APPROPRIATIONS.

       Notwithstanding the Low-Income Home Energy Assistance Act 
     of 1981, with respect to amounts appropriated under title 
     VIII of division A of this Act to carry out the Low-Income 
     Home Energy Assistance Act of 1981, each State, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
     Islands of the United States, the Commonwealth of the 
     Northern Mariana Islands, and each Indian Tribe, as 
     applicable, that receives an allotment of funds from such 
     amounts shall, in using such funds, for purposes of income 
     eligibility, accept proof of job loss or severe income loss 
     dated after February 29, 2020, such as a layoff or furlough 
     notice or verification of application for unemployment 
     benefits, as sufficient to demonstrate lack of income for an 
     individual or household.

     SEC. 305. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

       (a) CNCS Legislative Flexibilities.--
       (1) Match waiver.--During the period beginning on the date 
     of the enactment of this Act and ending on September 30, 
     2022, notwithstanding any other provision of law, if a 
     grantee of the Corporation for National and Community Service 
     is unable to meet a requirement to provide matching funds due 
     to funding constraints resulting from the COVID-19 national 
     emergency, the Chief Executive Officer of the Corporation for 
     National and Community Service may--
       (A) waive any requirement that such grantee provide 
     matching funds for a program; and
       (B) increase the Federal share of the grant for such 
     program up to 100 percent.
       (2) End-of-service cash stipend.--Section 3514(a)(2)(B) of 
     the CARES Act is amended by inserting ``, or the full value 
     of the stipend under section 105(a) of title I of the 
     Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955)'' 
     after ``such subtitle''.
       (3) Senior corps volunteer recruitment.--During the period 
     beginning on the date of the enactment and ending on 
     September 30, 2022, notwithstanding sections 201(a), 211(d), 
     211(e), and 213(a) of title II of the Domestic Volunteer 
     Service Act of 1973 (42 U.S.C. 5000 et seq.)--
       (A) an individual age 45 years or older may enroll as a 
     volunteer to provide services under parts A, B or C of such 
     title to address the critical needs of local communities 
     across the country during the COVID-19 national emergency; 
     and
       (B) for the purposes of parts B and C of such title II, 
     ``low-income person'' and ``person of low income'' mean any 
     person whose income is not more than 400 percent of the 
     poverty line for a single individual.
       (b) National Service Expansion Feasibility Study.--
       (1) Study required.--The Corporation for National and 
     Community Service shall conduct a study on the feasibility of 
     increasing the capacity of national service programs to 
     respond to the economic and social impact on communities 
     across the country resulting from the COVID-19 national 
     emergency and public health crisis.
       (2) Scope of study.--In conducting the study required under 
     paragraph (1), the Corporation for National and Community 
     Service shall examine new and existing programs, 
     partnerships, organizations, and grantees that could be 
     utilized to respond to the COVID-19 national emergency as 
     described in subsection (a), including--
       (A) service opportunities related to food security, 
     education, economic opportunity, and disaster or emergency 
     response;
       (B) partnerships with the Department of Health and Human 
     Services, the Centers for Disease Control and Prevention, and 
     public health departments in all 50 States and territories to 
     respond to public health needs related to COVID-19 such as 
     testing, contact tracing, or related activities; and
       (C) the capacity and ability of the State Commissions on 
     National and Community Service to respond to the needs of 
     State and local governments in each State or territory in 
     which such State Commission is in operation.
       (3) Required factors of the study.--In examining new and 
     existing programs, partnerships, organizations, and grantees 
     as required under paragraph (2), the Corporation for National 
     and Community Service shall examine--
       (A) the cost and resources necessary related to increased 
     capacity;
       (B) the timeline for implementation of any expanded 
     partnerships or increased capacity;
       (C) options to use existing corps programs overseen by the 
     Corporation for National and Community Service for increasing 
     such capacity, and the role of programs, such as AmeriCorps, 
     AmeriCorps VISTA, AmeriCorps National Civilian Community 
     Corps, or Senior Corps, for increasing capacity;

[[Page H5267]]

       (D) the ability to increase diversity, including economic, 
     racial, ethnic, and gender diversity, among national service 
     volunteers and programs;
       (E) the geographic distribution of demand by State due to 
     the economic or health related impacts of COVID-19 for 
     national service volunteer opportunities across the country 
     and the additional volunteer capacity needed to meet such 
     demand, comparing existing demand for volunteer opportunities 
     to expected or realized increases as a result of COVID-19; 
     and
       (F) whether any additional administrative capacity at the 
     Corporation for National and Community Service, such as 
     grantee organizational capacity, is needed to respond to the 
     increased capacity of such new or existing programs, 
     partnerships, organizations, and grantees.
       (4) Reports to congressional committees.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Chief Executive Officer of the 
     Corporation for National and Community Service shall submit 
     to the congressional committees under subparagraph (B) a 
     report on the results of the study under paragraph (1) with 
     recommendations on the role for the Corporation for National 
     and Community Service in responding to the COVID-19 national 
     emergency, including any recommendations for legislative, 
     regulatory, and administrative changes based on findings 
     related to the topics identified under subsection (b).
       (B) Congressional committees.--The congressional committees 
     under this subparagraph are--
       (i) the Committee on Education and Labor and the Committee 
     on Appropriations of the House of Representatives; and
       (ii) the Committee on Health, Education, Labor, and 
     Pensions and the Committee on Appropriations of the Senate.
       (c) Definitions.--In this section, the following 
     definitions apply:
       (1) COVID-19 national emergency.--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.) on March 13, 2020, with respect to COVID-19.
       (2) Grantee.--The term ``grantee'' means a recipient of a 
     grant under the Domestic Volunteer Service Act of 1973 (42 
     U.S.C. 4950 et seq.) or the National and Community Service 
     Act of 1990 (42 U.S.C. 12501 et seq.) to run a program.
       (3) Poverty line for a single individual.--The term 
     ``poverty line for a single individual'' has the meaning 
     given such term in section 421 of the Domestic Volunteer 
     Service Act of 1973 (42 U.S.C. 5061).
       (4) Program.--The term ``program'' means a program funded 
     under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4950 et seq.) or the National and Community Service Act of 
     1990 (42 U.S.C. 12501 et seq.).
       (5) State commission.--The term ``State Commission'' has 
     the meaning given such term in section 101 of the National 
     and Community Service Act (42 U.S.C. 12511).

     SEC. 306. MATCHING FUNDS WAIVER FOR FORMULA GRANTS AND 
                   SUBGRANTS UNDER THE FAMILY VIOLENCE PREVENTION 
                   AND SERVICES ACT.

       (a) Waiver of Matching Funds for Awarded Grants and 
     Subgrants.--The Secretary of Health and Human Services shall 
     waive--
       (1) the non-Federal contributions requirement under 
     subsection (c)(4) of section 306 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10406) with respect to 
     the grants and subgrants awarded in fiscal years 2019, 2020, 
     and 2021 to each State (as defined in section 302 of such Act 
     (42 U.S.C. 10402)) and the eligible entities within such 
     State under section 306 or 308 of such Act (42 U.S.C. 10406; 
     10408); and
       (2) the reporting requirements required under such grants 
     and subgrants that relate to such non-Federal contributions 
     requirement.
       (b) Waiver of Matching Funds for Grants Awarded After Date 
     of Enactment.--
       (1) In general.--Subsection (c)(4) of section 306 of the 
     Family Violence Prevention and Services Act (42 U.S.C. 10406) 
     shall not apply to a qualified grant during the period of a 
     public health emergency declared pursuant to section 319 of 
     the Public Health Service Act (42 U.S.C. 247d) resulting from 
     the COVID-19 pandemic.
       (2) Qualified grant defined.--In this subsection, the term 
     ``qualified grant'' means a grant or subgrant awarded--
       (A) after the date of the enactment of this section; and
       (B) under section 306, 308, or 309 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10406; 10408; 10409).

                 DIVISION E--SMALL BUSINESS PROVISIONS

     SEC. 100. SHORT TITLE, ETC.

       (a) Short Title.--This division may be cited as the ``PPP 
     and EIDL Enhancement Act of 2020''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 100. Short Title, etc.

                      TITLE I--FUNDING PROVISIONS

Sec. 101. Amount authorized for commitments.
Sec. 102. Funding for the paycheck protection program.
Sec. 103. Direct appropriations.

       TITLE II--MODIFICATIONS TO THE PAYCHECK PROTECTION PROGRAM

Sec. 201. Periods for loan forgiveness and application submission.
Sec. 202. Supplemental covered loans for certain business concerns.
Sec. 203. Certifications and documentation for forgiveness of covered 
              loans.
Sec. 204. Eligibility of certain organizations for loans under the 
              paycheck protection program.
Sec. 205. Limit on aggregate loan amount for eligible recipients with 
              more than one physical location.
Sec. 206. Allowable uses of covered loans; forgiveness.
Sec. 207. Documentation required for certain eligible recipients.
Sec. 208. Exclusion of certain publicly traded and foreign entities.
Sec. 209. Election of 12-week period by seasonal employers.
Sec. 210. Inclusion of certain refinancing in nonrecourse requirements.
Sec. 211. Credit elsewhere requirements.
Sec. 212. Prohibition on receiving duplicative amounts for payroll 
              costs.
Sec. 213. Application of certain terms through life of covered loan.
Sec. 214. Interest calculation on covered loans.
Sec. 215. Reimbursement for processing.
Sec. 216. Duplication requirements for economic injury disaster loan 
              recipients.
Sec. 217. Reapplication for and modification to paycheck protection 
              program.
Sec. 218. Treatment of certain criminal violations.

                       TITLE III--TAX PROVISIONS

Sec. 301. Improved coordination between paycheck protection program and 
              employee retention tax credit.

    TITLE IV--COVID-19 ECONOMIC INJURY DISASTER LOAN PROGRAM REFORM

Sec. 401. Sense of Congress.
Sec. 402. Notices to applicants for economic injury disaster loans or 
              advances.
Sec. 403. Modifications to emergency EIDL advances.
Sec. 404. Data transparency, verification, and notices for economic 
              injury disaster loans.
Sec. 405. Lifeline funding for small business continuity, adaptation, 
              and resiliency.
Sec. 406. Modifications to economic injury disaster loans.
Sec. 407. Principal and interest payments for certain disaster loans.
Sec. 408. Training.
Sec. 409. Outreach plan.
Sec. 410. Report on best practices.
Sec. 411. Extension of period of availability for administrative funds.

         TITLE V--MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT

Sec. 501. Micro-SBIC Program.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Repeal of unemployment grants.
Sec. 602. Subsidy for certain loan payments.
Sec. 603. Modifications to 7(a) loan programs.
Sec. 604. Flexibility in deferral of payments of 7(a) loans.
Sec. 605. Recovery assistance under the microloan program.
Sec. 606. Maximum loan amount for 504 loans.
Sec. 607. Temporary fee reductions.
Sec. 608. Extension of participation in 8(a) program.
Sec. 609. Report on minority, women, and rural lending.
Sec. 610. Comprehensive program guidance.
Sec. 611. Reports on paycheck protection program.
Sec. 612. Prohibiting conflicts of interest for small business programs 
              under the CARES Act.
Sec. 613. Inclusion of SCORE and Veteran Business Outreach Centers in 
              entrepreneurial development programs.
Sec. 614. Clarification of use of CARES Act funds for small business 
              development centers.
Sec. 615. Funding for the Office of Inspector General of the Small 
              Business Administration.
Sec. 616. Extension of waiver of matching funds requirement under the 
              Women's Business Center program.
Sec. 617. Access to Small Business Administration information and 
              databases.
Sec. 618. Small business local relief program.
Sec. 619. Grants for independent live venue operators.
       (c) Definitions.--In this division:
       (1) Administration.--The term ``Administration'' means the 
     Small Business Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (d) Effective Date; Applicability.--Except as otherwise 
     provided in this division, this division and the amendments 
     made by this division shall take effect on the date of the 
     enactment of this Act and shall apply to loans made, or other 
     assistance provided, on or after the date of the enactment of 
     this Act.

                      TITLE I--FUNDING PROVISIONS

     SEC. 101. AMOUNT AUTHORIZED FOR COMMITMENTS.

       Section 1102(b)(1) of the CARES Act (Public Law 116-136) is 
     amended to read as follows:
       ``(1) PPP loans.--During the period beginning on the date 
     of enactment of this subsection and ending on December 31, 
     2020, subject to the availability of appropriations, the 
     Administrator may make commitments under paragraph (36) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)).''.

     SEC. 102. FUNDING FOR THE PAYCHECK PROTECTION PROGRAM.

       (a) In General.--Section 7(a)(36)(S) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(S)) is amended to read as follows:
       ``(S) Set aside for certain entities.--The Administrator 
     shall provide for the cost to guarantee covered loans made 
     under this paragraph--

[[Page H5268]]

       ``(i) a set aside of not less than 10 percent of each such 
     amount for covered loans--

       ``(I) made to eligible recipients with 10 or fewer 
     employees, including individuals who operate under a sole 
     proprietorship or as an independent contractor and eligible 
     self-employed individuals; or
       ``(II) less than or equal to $250,000 made to an eligible 
     recipient that is located in a low- or moderate-income 
     neighborhoods (as defined under the Community Reinvestment 
     Act of 1977).

       ``(ii) a set aside of not more than 30 percent of each such 
     amount for covered loan made to nonprofit organizations, 
     organizations described in subparagraph (D)(viii), or housing 
     cooperatives; and
       ``(iii) a set aside of not more than 50 percent of each 
     such amount for supplemental covered loans made under 
     subparagraph (B)(ii).''.
       (b) Set Aside for Community Financial Institutions.--Of 
     amounts appropriated by the Paycheck Protection Program and 
     Health Care Enhancement Act (Public Law 116-139) under the 
     heading ``Small Business Administration--Business Loans 
     Program Account, CARES Act'' that have not been obligated or 
     expended, the lesser of 25 percent of such amounts or 
     $15,000,000,000 shall be set aside for the cost to guarantee 
     covered loans made under section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) by community financial 
     institutions (as such term is defined in subparagraph (A)(xi) 
     of such section).
       (c) Amounts Returned.--Section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) is amended by adding at 
     the end the following new subparagraph:
       ``(T) Amounts returned.--Any amounts returned to the 
     Secretary of the Treasury due to the cancellation of a 
     covered loan shall be solely used for the cost to guarantee 
     covered loans made to eligible recipients with 10 or fewer 
     employees or covered loans of less than or equal to $250,000 
     made to an eligible recipient that is located in a low- or 
     moderate-income neighborhoods (as defined under the Community 
     Reinvestment Act of 1977).''.

     SEC. 103. DIRECT APPROPRIATIONS.

       There is appropriated, out of amounts in the Treasury not 
     otherwise appropriated, for additional amounts--
       (1) for the cost of carrying out section 407 of this 
     division, $8,000,000,000;
       (2) for the cost of carrying out title V of this division, 
     $1,000,000,000;
       (3) for the cost of carrying out section 603 and 607 of 
     this division, $1,000,000,000;
       (4) for the cost of carrying out section 605 of this 
     division, $57,000,000;
       (5) for the cost of carrying out section 618 of this 
     division, $15,000,000,000; and
       (6) for the cost of carrying out section 619 of this 
     division, $10,000,000,000.

       TITLE II--MODIFICATIONS TO THE PAYCHECK PROTECTION PROGRAM

     SEC. 201. PERIODS FOR LOAN FORGIVENESS AND APPLICATION 
                   SUBMISSION.

       (a) Period for Costs That Are Eligible for Forgiveness and 
     Application Submission.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (1) in subsection (a), by striking paragraph (3) and 
     inserting the following:
       ``(3) the term `covered period' means the period beginning 
     on the date of the origination of a covered loan and ending 
     on a date selected by the eligible recipient of the covered 
     loan that--
       ``(A) is not earlier than the date that is 8 weeks after 
     such date of origination; and
       ``(B) is not later than the date that is 24 weeks after 
     such date of origination;'';
       (2) in subsection (d), by striking ``December 31, 2020'' 
     each place it appears and inserting ``September 30, 2021''; 
     and
       (3) by striking subsection (l) and inserting the following 
     new subsection:
       ``(l) Application Deadline.--An eligible recipient may 
     apply for forgiveness under this section any time after 
     covered period if proceeds from a covered loan have been 
     spent and the eligible recipient is in compliance with 
     subsections (e) and (f).''.
       (b) Applicability of Amendments.--The amendments made by 
     subsection (b) shall be effective as if included in the CARES 
     Act (Public Law 116-136) 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)) or section 1109 of the CARES Act (15 
     U.S.C. 9008).

     SEC. 202. SUPPLEMENTAL COVERED LOANS FOR CERTAIN BUSINESS 
                   CONCERNS.

       Section 7(a)(36)(B) of the Small Business Act (15 U.S.C. 
     636(a)(36)(B)) is amended--
       (1) by striking ``Except'' and inserting the following:
       ``(i) In general.--Except''; and
       (2) by adding at the end the following new clause:
       ``(ii) Supplemental covered loans.--

       ``(I) Definitions.--In this clause--

       ``(aa) the terms `exchange', `issuer', and `security' have 
     the meanings given such terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a));
       ``(bb) the term `gross receipts' means gross receipts 
     within the meaning of section 448(c) of the Internal Revenue 
     Code of 1986;
       ``(cc) the term `national securities exchange' means an 
     exchange registered as a national securities exchange under 
     section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f);
       ``(dd) the term `publicly traded entity' means an issuer, 
     the securities of which are listed on a national securities 
     exchange;
       ``(ee) the term `smaller concern' means an eligible 
     recipient that--
       ``(AA) has not more than 200 employees;
       ``(BB) operates under a sole proprietorship or as an 
     independent contractor; or
       ``(CC) is an eligible self-employed individual; and
       ``(ff) the term `significant loss in revenue' means that, 
     due to the impact of COVID-19--
       ``(AA) the gross receipts of the eligible recipient during 
     the first, second, or third calendar quarter of 2020 are less 
     than 75 percent of the gross receipts of the eligible 
     recipient during the same calendar quarter in 2019;
       ``(BB) if the eligible recipient was not in business on 
     April 1, 2019, the gross receipts of the eligible recipient 
     during any 2-month period during the first 3 calendar 
     quarters of 2020 are less than 75 percent of the amount of 
     the gross receipts of the eligible recipient during any prior 
     2-month period during the first 3 calendar quarters of 2020; 
     or
       ``(CC) if the eligible recipient is seasonal employer, as 
     determined by the Administrator, the gross receipts of the 
     eligible recipient during any 2-month period during the first 
     3 calendar quarters of 2020 are less than 75 percent of the 
     amount of the gross receipts of the eligible recipient during 
     the same 2-month period in 2019.

       ``(II) Authority.--Except as otherwise provided in this 
     clause, for an eligible recipient that has received a covered 
     loan under clause (i), the Administrator may guarantee a 
     single supplemental covered loan to the eligible recipient 
     under the same terms, conditions, and processes as a covered 
     loan made under clause (i).
       ``(III) Choice of lender.--An eligible recipient may apply 
     for a supplemental covered loan under this clause with the 
     lender that made the covered loan under clause (i) to the 
     eligible recipient or another lender.
       ``(IV) Eligibility.--

       ``(aa) In general.--A supplemental covered loan under this 
     clause--
       ``(AA) may only be made to an eligible recipient that is a 
     smaller concern that has had a significant loss in revenue 
     and has used, or is expending funds at a rate that the 
     eligible recipient will use on or before the expected date of 
     the disbursement of the supplemental covered loan under this 
     clause, the full amount of the covered loan received under 
     clause (i); and
       ``(BB) may not be made to a publicly traded entity.
       ``(bb) Business concerns with more than 1 physical 
     location.--
       ``(AA) In general.--For purposes of a supplemental covered 
     loan under this clause, subparagraph (D)(iii) shall be 
     applied by substituting `not more than 200 employees per 
     physical location' for `not more than 500 employees per 
     physical location'.
       ``(BB) Limit for multiple locations.--For an eligible 
     recipient with more than 1 physical location, the total 
     amount of all supplemental covered loans made under this 
     clause to the eligible recipient shall not be more than 
     $2,000,000.

       ``(V) Maximum amount.--The maximum amount of a supplemental 
     covered loan under this clause is the lesser of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the average total monthly payments for payroll costs 
     by the eligible recipient used to determine the maximum 
     amount of the covered loan under clause (i) made to the 
     eligible recipient under this paragraph, by
       ``(BB) 2.5; or
       ``(bb) $2,000,000.

       ``(VI) Exception from certain certification requirements.--
     An eligible recipient applying for a supplemental covered 
     loan under this clause shall not be required to make the 
     certification described in clauses (iii) or (iv) of 
     subparagraph (G).
       ``(VII) Reimbursement for processing supplemental ppp.--For 
     a supplemental covered loan under this clause of less than or 
     equal to $50,000, the reimbursement under subparagraph (P)(I) 
     by the Administrator shall not be less than $2,500.''.

     SEC. 203. CERTIFICATIONS AND DOCUMENTATION FOR FORGIVENESS OF 
                   COVERED LOANS.

       Section 1106 of the CARES Act (15 U.S.C. 9005) is amended--
       (1) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``An eligible recipient'' and all that 
     follows through ``an application,'' and inserting ``Subject 
     to subsection (f), an eligible recipient applying for loan 
     forgiveness under this section shall provide proof of the use 
     of covered loan proceeds,'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Documentation Requirements.--To receive loan 
     forgiveness under this section, an eligible recipient shall 
     comply with the following requirements:
       ``(1) With respect to a covered loan in an amount less than 
     or equal to $50,000, the eligible recipient--
       ``(A) shall certify to the Administrator that the eligible 
     recipient has used proceeds from the covered loan in 
     compliance with the requirements of section 7(a)(36) of the 
     Small Business Act (15 U.S.C. 636(a)(36)), including a 
     description of the amount of proceeds used for payroll costs 
     (as defined in such section) and the number of employees the 
     eligible recipient was able to retain because of such covered 
     loan;
       ``(B) is not required to submit any documentation or 
     application to receive forgiveness under this section;
       ``(C) shall certify to the Administrator that the eligible 
     recipient can make the documentation described under 
     subsection (e) available, upon request, for a period of time 
     determined by the Administrator, which period shall be not 
     less than 3 years; and
       ``(D) may submit to the Administrator demographic 
     information of the owner of the eligible recipient, including 
     the sex, race, ethnicity, and veteran status of the owner, 
     through a process established by the Administrator.
       ``(2) With respect to a covered loan in an amount greater 
     than $50,000 but less than or equal to $150,000, the eligible 
     recipient--
       ``(A) shall submit to the lender that is servicing the 
     covered loan the certification described

[[Page H5269]]

     in paragraph (1)(A) and a simplified one-page application 
     form that does not require the submission of any 
     documentation described under subsection (e);
       ``(B) shall make the certification described in paragraph 
     (1)(C); and
       ``(C) may submit to the Administrator demographic 
     information of the owner of the eligible recipient, including 
     the sex, race, ethnicity, and veteran status of the owner, as 
     established by the Administrator on the application form 
     described in subparagraph (A).
       ``(3) With respect to a covered loan in an amount greater 
     than $150,000, the eligible recipient shall submit to the 
     lender that is servicing the covered loan the documentation 
     described under subsection (e).''; and
       (3) by amending subsection (g) to read as follows:
       ``(g) Lender Submission.--Not later than 60 days after the 
     date on which a lender receives an application for loan 
     forgiveness under this section from an eligible recipient, 
     the lender shall only be required to review the application 
     to ensure completion, including that required attestations 
     have been made, before submitting such application to the 
     Administrator.''.

     SEC. 204. ELIGIBILITY OF CERTAIN ORGANIZATIONS FOR LOANS 
                   UNDER THE PAYCHECK PROTECTION PROGRAM.

       Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36))--
       (1) in subparagraph (A)--
       (A) in clause (vii), by inserting ``covered'' before 
     ``nonprofit'';
       (B) in clause (viii)(II)--
       (i) in item (dd), by striking ``or'' at the end;
       (ii) in item (ee), by inserting ``or'' at the end; and
       (iii) by adding at the end the following new item:
       ``(ff) any compensation of an employee who is a registered 
     lobbyist under the Lobbying Disclosure Act of 1995;'';
       (C) by amending clause (ix) to read as follows:
       ``(ix) the term `covered organization' means--

       ``(I) an organization described in section 501(c) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code that is not a covered nonprofit 
     organization;
       ``(II) an entity created by a State or local government 
     that derives the majority of its operating budget from the 
     production of live events; or
       ``(III) a destination marketing organization;'';

       (D) in clause (xi)(IV), by striking ``and'' at the end;
       (E) in clause (xii), by striking the period at the end and 
     inserting a semicolon; and
       (F) by adding at the end the following new clauses:
       ``(xiii) the term `housing cooperative' means a cooperative 
     housing corporation (as defined in section 216(b) of the 
     Internal Revenue Code of 1986); and
       ``(xiv) the term `destination marketing organization' means 
     a nonprofit entity that is not an organization described in 
     section 501(c)(6) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code, a State, 
     or a political subdivision of a State (including any 
     instrumentality of such entities) engaged in marketing and 
     promoting communities and facilities to businesses and 
     leisure travelers through a range of activities, including--

       ``(I) assisting with the location of meeting and convention 
     sites;
       ``(II) providing travel information on area attractions, 
     lodging accommodations, and restaurants;
       ``(III) providing maps; and
       ``(IV) organizing group tours of local historical, 
     recreational, and cultural attractions.''; and

       (2) in subparagraph (D)--
       (A) in clause (i)--
       (i) by inserting ``covered'' before ``nonprofit 
     organization'' each place it appears; and
       (ii) by striking ``veterans organization'' each place it 
     appears and inserting ``housing cooperative'';
       (B) in clause (iii)--
       (i) by amended the clause heading to read as follows: 
     ``Requirements for restaurants and certain news 
     organizations'';
       (ii) by striking ``During the covered period, any business 
     concern that employs'' and inserting the following: ``Any 
     business concern that--

       ``(I) during the covered period, employs'';

       (iii) in subclause (I), as so designated, by striking the 
     period at the end and inserting a semicolon; and
       (iv) by adding at the end the following new subclauses:

       ``(II) was not eligible to receive a covered loan the day 
     before the date of the enactment of this subclause, is 
     assigned a North American Industry Classification System code 
     beginning with 511110, 515112, or 515120, and an individual 
     physical location of the business concern at the time of 
     disbursal does not exceed the size standard established by 
     the Administrator for the applicable code shall be eligible 
     to receive a covered loan for expenses associated with an 
     individual physical location of that business concern to 
     support the continued provision of local news, information, 
     content, or emergency information, and, at the time of 
     disbursal, the individual physical location; or
       ``(III) was not eligible to receive a covered loan the day 
     before the date of the enactment of this subclause, is 
     assigned a North American Industry Classification System code 
     of 519130, is identified as a Internet-only news publisher or 
     Internet-only periodical publisher, and is engaged in the 
     collection and distribution of local or regional and national 
     news and information shall be eligible to receive a covered 
     loan for expenses to support the continued provision of news, 
     information, content, or emergency information.'';

       (C) in clause (iv)--
       (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 new subclause:

       ``(IV) an individual physical location of a business 
     concern described in clause (iii)(II), if such concern does 
     not pay, distribute, or otherwise provide any portion of the 
     covered loan to any other entity other than the individual 
     physical location that is the intended recipient of the 
     covered loan.'';

       (D) in clause (v), by striking ``nonprofit organization, 
     veterans organization,'' and inserting ``covered 
     organization, covered nonprofit organization, housing 
     cooperative,'';
       (E) in clause (vi), by striking ``nonprofit organization 
     and a veterans organization'' and inserting ``covered 
     organization, a covered nonprofit organization, and a housing 
     cooperative''; and
       (F) by adding at the end the following new clauses:
       ``(vii) Additional requirements for covered organizations 
     and covered nonprofit organizations.--

       ``(I) Lobbying restriction.--During the covered period, a 
     covered organization that employs less than 500 employees 
     shall be eligible to receive a covered loan if--

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

       ``(II) Larger organizations.--During the covered period, a 
     covered nonprofit organization that employs 500 employees or 
     more, or a covered organization that meets the requirements 
     of items (aa) and (bb) of subclause (I) and employs 500 
     employees or more, shall be eligible to receive a covered 
     loan if such covered nonprofit organization or covered 
     organization has had a significant loss in revenue (as 
     defined in subparagraph (B)(ii)(I)(ff)).

       ``(viii) Inclusion of critical access hospitals.--During 
     the covered period, any covered organization that is a 
     critical access hospital (as defined in section 1861(mm) of 
     the Social Security Act (42 U.S.C. 1395x(mm))) shall be 
     eligible to receive a covered loan, regardless of the status 
     of such a hospital as a debtor in a case under chapter 11 of 
     title 11, Unites States Code, or the status of any debts owed 
     by such a hospital to the Federal Government.
       ``(ix) Additional requirements for news broadcast 
     entities.--

       ``(I) In general.--With respect to an individual physical 
     location of a business concern described in clause (iii)(II), 
     each such location shall be treated as an independent, 
     nonaffiliated entity for purposes of this paragraph. A parent 
     company, investment company, or management company of one or 
     more physical locations of a business concern described in 
     clause (iii)(II) shall not be eligible for a covered loan.
       ``(II) Demonstration of need.--Any such location that is a 
     franchise or affiliate of, or owned or controlled by a parent 
     company, investment company, or the management thereof, shall 
     demonstrate, upon request of the Administrator, the need for 
     a covered loan to support the continued provision of local 
     news, information, content, or emergency information, and, at 
     the time of disbursal, the individual physical location.''.

     SEC. 205. LIMIT ON AGGREGATE LOAN AMOUNT FOR ELIGIBLE 
                   RECIPIENTS WITH MORE THAN ONE PHYSICAL 
                   LOCATION.

       Section 7(a)(36)(E) of the Small Business Act (15 U.S.C. 
     636(a)(36)(E)) is amended by adding at the end the following 
     flush matter:
     ``With respect to an eligible recipient with more than 1 
     physical location, the total amount of all covered loans made 
     under this clause to the eligible recipient shall not be more 
     than $10,000,000.''.

     SEC. 206. ALLOWABLE USES OF COVERED LOANS; FORGIVENESS.

       (a) Paycheck Protection Program.--Section 7(a)(36) of the 
     Small Business Act (15 U.S.C. 636(a)(36)) is amended--
       (1) in subparagraph (G)--
       (A) in the subparagraph heading, by striking ``Borrower 
     requirements'' and all that follows through ``eligible 
     recipient applying'' and inserting ``Borrower certification 
     requirements.--An eligible recipient applying'';
       (B) by redesignating subclauses (I) through (IV) as clauses 
     (i) through (iv), respectively; and
       (C) in clause (ii), as so redesignated, by striking ``to 
     retain workers'' and all that follows through ``utility 
     payments'' and inserting ``for an allowable use described in 
     subparagraph (F)'';
       (2) in subparagraph (F)(i)--
       (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 new subclauses:

       ``(VIII) costs related to the provision of personal 
     protective equipment for employees or other equipment or 
     supplies determined by the employer to be necessary to 
     protect the health and safety of employees and the general 
     public;
       ``(IX) payments for inventory, raw materials, or supplies; 
     and
       ``(X) costs related to property damage, vandalism, or 
     looting due to public disturbances that occurred during 2020 
     that was not covered by insurance or other compensation.''.

       (b) Forgiveness.--
       (1) Definition of expected forgiveness amount.--Section 
     1106(a)(7) of the CARES Act (15 U.S.C. 9005(a)(7)) is 
     amended--

[[Page H5270]]

       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by striking ``and'' at the end; 
     and
       (C) by adding at the end the following new subparagraphs:
       ``(E) interest on any other debt obligations that were 
     incurred before the covered period;
       ``(F) any amount that was a loan made under subsection 
     (b)(2) that was refinanced as part of a covered loan and 
     authorized by section 7(a)(36)(F)(iv) of the Small Business 
     Act;
       ``(G) payments made for the provision of personal 
     protective equipment for employees or other equipment or 
     supplies determined by the employer to be necessary to 
     protect the health and safety of employees and the general 
     public;
       ``(H) payments made for inventory, raw materials, or 
     supplies; and
       ``(I) payments related to property damage, vandalism, or 
     looting due to public disturbances that occurred during 2020 
     that was not covered by insurance or other compensation; 
     and''.
       (2) Forgiveness.--Section 1106(b) of the CARES Act (15 
     U.S.C. 9005(b)), is amended by adding at the end the 
     following new paragraphs:
       ``(5) Any payment of interest on any other debt obligations 
     that were incurred before the covered period.
       ``(6) Any amount that was a loan made under section 7(b)(2) 
     of the Small Business Act that was refinanced as part of a 
     covered loan and authorized by section 7(a)(36)(F)(iv) of 
     such Act.
       ``(7) Any payment made for the provision of personal 
     protective equipment for employees or other equipment or 
     supplies determined by the employer to be necessary to 
     protect the health and safety of employees.
       ``(8) Any payment made for inventory, raw materials, or 
     supplies.
       ``(9) Any payments related to property damage, vandalism, 
     or looting due to public disturbances that occurred during 
     2020 that was not covered by insurance or other 
     compensation.''.
       (3) Conforming amendments.--Section 1106 of the CARES Act 
     (15 U.S.C. 9005) is amended--
       (A) in subsection (e), as amended by section 203--
       (i) in paragraph (2), by striking ``payments on covered 
     mortgage obligations, payments on covered lease obligations, 
     and covered utility payments'' and inserting ``payments or 
     amounts refinanced described under subsection (b) (other than 
     payroll costs)''; and
       (ii) in paragraph (3)(B), by striking ``, make interest 
     payments'' and all that follows through ``or make covered 
     utility payments'' and inserting ``, make payments described 
     under subsection (b), or that was refinanced as part of a 
     covered loan and authorized by section 7(a)(36)(F)(iv) of the 
     Small Business Act''; and
       (B) in subsection (h), by striking ``payments for payroll 
     costs, payments on covered mortgage obligations, payments on 
     covered lease obligations, or covered utility payments'' each 
     place it appears and inserting ``payments or amounts 
     refinanced described under subsection (b)''.

     SEC. 207. DOCUMENTATION REQUIRED FOR CERTAIN ELIGIBLE 
                   RECIPIENTS.

       Section 7(a)(36)(D)(ii)(II) of the Small Business Act (15 
     U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking ``as is 
     necessary'' and all that follows through the period at the 
     end and inserting ``as determined necessary by the 
     Administrator and the Secretary, to establish such individual 
     as eligible.''.

     SEC. 208. EXCLUSION OF CERTAIN PUBLICLY TRADED AND FOREIGN 
                   ENTITIES.

       Section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 
     636(a)(36)(D)), as amended by section 204 is further amended 
     by adding at the end the following new clause:
       ``(x) Exclusion of certain publicly traded and foreign 
     entities.--Effective on the date of the enactment of this 
     clause--

       ``(I) an issuer, the securities of which are traded on a 
     national securities exchange, is not eligible to receive a 
     covered loan under this section; and
       ``(II) an entity that is 51 percent or more owned by a 
     foreign person, or the management and daily business 
     operations of which are controlled by a foreign person 
     (excluding an entity owned and controlled by a person 
     domiciled in a territory or possession of the United States), 
     is not eligible to receive a covered loan under this 
     section.''.

     SEC. 209. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.

       Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by 
     striking ``an applicant'' and all that follows through ``June 
     30, 2019'' and inserting the following: ``an applicant that 
     is a seasonal employer, as determined by the Administrator, 
     shall use the average total monthly payments for payroll for 
     any 12-week period selected by the seasonal employer between 
     February 15, 2019, and December 31, 2019''.

     SEC. 210. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE 
                   REQUIREMENTS.

       Section 7(a)(36)(F)(v) of the Small Business Act (15 U.S.C. 
     636(a)(36)(F)(v)) is amended by striking ``clause (i)'' and 
     inserting ``clauses (i) and (iv)''.

     SEC. 211. CREDIT ELSEWHERE REQUIREMENTS.

       Section 7(a)(36)(I) of the Small Business Act (15 U.S.C. 
     636(a)(36)(I)) is amended to read as follows:
       ``(I) Credit elsewhere.--The requirement that a small 
     business concern is unable to obtain credit elsewhere (as 
     defined in section 3(h))--
       ``(i) shall not apply to a covered loan approved by the 
     Administrator before the date of enactment of this 
     subparagraph; and
       ``(ii) shall only apply to covered loans in an amount 
     greater than $350,000 approved by the Administrator on or 
     after the date of the enactment of this subparagraph.''.

     SEC. 212. PROHIBITION ON RECEIVING DUPLICATIVE AMOUNTS FOR 
                   PAYROLL COSTS.

       (a) Paycheck Protection Program.--Clause (iv) of section 
     7(a)(36)(G) of the Small Business Act (15 U.S.C. 
     636(a)(36)(G)), as redesignated by section 206, is amended--
       (1) by striking ``December 31, 2020'' and inserting ``June 
     30, 2020''; and
       (2) by striking ``the same purpose and'' and inserting 
     ``payments for payroll costs incurred during such period''.
       (b) Treasury Program.--Section 1109(f) of the CARES Act (15 
     U.S.C. 9008(f)) is amended--
       (1) in paragraph (1), by striking ``for the same purpose'' 
     and inserting ``for payments for payroll costs (as defined in 
     section 7(a)(36)(A)(viii) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(viii))''; and
       (2) in paragraph (2), by striking ``December 31, 2020'' and 
     inserting ``June 30, 2020''.

     SEC. 213. APPLICATION OF CERTAIN TERMS THROUGH LIFE OF 
                   COVERED LOAN.

       Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) is amended--
       (1) in subparagraph (H), by striking ``During the covered 
     period, with'' and inserting ``With'';
       (2) in subparagraph (J), by striking ``During the covered 
     period, with'' and inserting ``With'';
       (3) in subparagraph (M)--
       (A) in clause (ii), by striking ``During the covered 
     period, the'' and inserting ``The''; and
       (B) in clause (iii), by striking ``During the covered 
     period, with'' and inserting ``With''.

     SEC. 214. INTEREST CALCULATION ON COVERED LOANS.

       Section 7(a)(36)(L) of the Small Business Act (15 U.S.C. 
     636(a)(36)(L)) is amended by inserting ``, calculated on a 
     non-compounding, non-adjustable basis'' after ``4 percent''.

     SEC. 215. REIMBURSEMENT FOR PROCESSING.

       Section 7(a)(36)(P) of the Small Business Act (15 U.S.C. 
     636(a)(36)(P)) is amended--
       (1) in clause (ii), by inserting at the end the following: 
     ``Such fees shall be paid by the eligible recipient and may 
     not be paid out of the proceeds of a covered loan. A lender 
     shall only be responsible for paying fees to an agent for 
     services for which such lender directly contracts with such 
     agent.''; and
       (2) by amending clause (iii) to read as follows:
       ``(iii) Timing.--A reimbursement described in clause (i) 
     shall be made not later than 5 days after the reported 
     disbursement of the covered loan and may not be required to 
     be repaid by a lender unless the lender is found guilty of an 
     act of fraud in connection with the covered loan.''.

     SEC. 216. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY 
                   DISASTER LOAN RECIPIENTS.

       Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C. 
     636(a)(36)(Q)) is amended by striking ``during the period 
     beginning on January 31, 2020, and ending on the date on 
     which covered loans are made available''.

     SEC. 217. REAPPLICATION FOR AND MODIFICATION TO PAYCHECK 
                   PROTECTION PROGRAM.

       Not later than 7 days after the date of the enactment of 
     this Act, the Administrator shall issue rules or guidance to 
     ensure that an eligible recipient of a covered loan made 
     under section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) that returns amounts disbursed under such covered 
     loan or does not accept the full amount of such covered loan 
     for which such eligible recipient was approved--
       (1) in the case of an eligible recipient that returned all 
     or part of a covered loan, such eligible recipient may 
     reapply for a covered loan for an amount equal to the 
     difference between the amount retained and the maximum amount 
     applicable; and
       (2) in the case of an eligible recipient that did not 
     accept the full amount of a covered loan, such eligible 
     recipient may request a modification to increase the amount 
     of the covered loan to the maximum amount applicable, subject 
     to the requirements of such section 7(a)(36).

     SEC. 218. TREATMENT OF CERTAIN CRIMINAL VIOLATIONS.

       (a) In General.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by section 101, is further 
     amended by adding at the end the following new subparagraph:
       ``(U) Treatment of certain criminal violations.--
       ``(i) Financial fraud or deception.--A entity that is a 
     business, organization, cooperative, or enterprise may not 
     receive a covered loan if an owner of 20 percent or more of 
     the equity of such entity, during the 5-year period preceding 
     the date on which such entity applies for a covered loan, has 
     been convicted of a felony of financial fraud or deception 
     under Federal, State, or Tribal law.
       ``(ii) Arrests or convictions.--An entity that is a 
     business, organization, cooperative, or enterprise shall be 
     an eligible recipient notwithstanding a prior arrest or 
     conviction under Federal, State, or Tribal law of an owner of 
     20 percent or more of the equity of such entity, unless such 
     owner is currently incarcerated.
       ``(iii) Waiver.--The Administrator may waive the 
     requirements of clause (i).''.
       (b) Rulemaking.--Not later than 15 days after the date of 
     enactment of this Act, the Administrator shall make necessary 
     revisions to any rules to carry out the amendment made by 
     this section.

                       TITLE III--TAX PROVISIONS

     SEC. 301. IMPROVED COORDINATION BETWEEN PAYCHECK PROTECTION 
                   PROGRAM AND EMPLOYEE RETENTION TAX CREDIT.

       (a) Amendment to Paycheck Protection Program.--Section 
     1106(a)(8) of the CARES Act (15 U.S.C. 9005(a)(8)) is amended 
     by inserting ``, except that such costs shall not include 
     qualified wages taken into account in determining

[[Page H5271]]

     the credit allowed under section 2301 of this Act'' before 
     the period at the end.
       (b) Amendments to Employee Retention Tax Credit.--
       (1) In general.--Section 2301(g) of the CARES Act (Public 
     Law 116-136; 26 U.S.C. 3111 note) is amended to read as 
     follows:
       ``(g) Election to Not Take Certain Wages Into Account.--
       ``(1) In general.--This section shall not apply to so much 
     of the qualified wages paid by an eligible employer as such 
     employer elects (at such time and in such manner as the 
     Secretary may prescribe) to not take into account for 
     purposes of this section.
       ``(2) Coordination with paycheck protection program.--The 
     Secretary, in consultation with the Administrator of the 
     Small Business Administration, shall issue guidance providing 
     that payroll costs paid or incurred during the covered period 
     shall not fail to be treated as qualified wages under this 
     section by reason of an election under paragraph (1) to the 
     extent that a covered loan of the eligible employer is not 
     forgiven by reason of a decision under section 1106(g). Terms 
     used in the preceding sentence which are also used in section 
     1106 shall have the same meaning as when used in such 
     section.''.
       (2) Conforming amendments.--
       (A) Section 2301 of the CARES Act (Public Law 116-136; 26 
     U.S.C. 3111 note) is amended by striking subsection (j).
       (B) Section 2301(l) of the CARES Act (Public Law 116-136; 
     26 U.S.C. 3111 note) is amended by striking paragraph (3) and 
     by redesignating paragraphs (4) and (5) as paragraphs (3) and 
     (4), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     CARES Act (Public Law 116-136) to which they relate.

    TITLE IV--COVID-19 ECONOMIC INJURY DISASTER LOAN PROGRAM REFORM

     SEC. 401. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) many businesses that have received economic injury 
     disaster loans under section 7(b)(2) of the Small Business 
     Act (15 U.S.C. 636(b)) continue to suffer from the effects of 
     the COVID-19 pandemic and may not be in a position to make 
     payments in the near term;
       (2) the Administrator of the Small Business Administration 
     has the authority under the Small Business Act (15 U.S.C. 631 
     et seq.) to reduce the interest charged on loans and to offer 
     borrowers up to 4 years of deferment on the payment of 
     interest and principal; and
       (3) the Congress encourages the Administrator of the Small 
     Business Administration to use this discretion to provide 
     relief to the hardest hit small businesses that have received 
     or will receive direct loans from the Administration under 
     section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)).

     SEC. 402. NOTICES TO APPLICANTS FOR ECONOMIC INJURY DISASTER 
                   LOANS OR ADVANCES.

       Section 7(b)(11) of the Small Business Act (15 U.S.C. 
     636(b)(11) is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(A) In general.--The Administrator''; and
       (2) by adding at the end the following new subparagraphs:
       ``(B) Acceptance criteria and qualifications.--In carrying 
     out subparagraph (A), the Administrator shall--
       ``(i) publish on the website of the Administration a 
     description of the rules issued with respect to a loan made 
     under this subsection, which shall be clear and easy to 
     understand; and
       ``(ii) upon receiving an application for a loan under this 
     subsection, provide to the loan applicant the description 
     described in clause (i).
       ``(C) Right to explanation of declined loan or advance.--
       ``(i) In general.--The Administrator shall--

       ``(I) provide all applicants for a loan under this 
     subsection or an advance under section 1110(e) of the CARES 
     Act for which the loan or advance application was fully or 
     partially denied with a complete written application of the 
     reason for the denial at the time the decision is made;
       ``(II) establish a dedicated telephonic information line 
     and e-mail address to respond to further inquiries about 
     denied applications described in subclause (I); and
       ``(III) before fully or partially denying an application 
     for a loan under this subsection or an advance under such 
     section 1110(e) because the applicant submitted incomplete 
     information--

       ``(aa) contact the applicant and give the applicant the 
     opportunity to provide that information; and
       ``(bb) reconsider the application with any additional 
     information provided.
       ``(ii) Submission of additional information.--An applicant 
     for a loan under this subsection or an advance under section 
     1110(e) of the CARES Act that can remedy the grounds for 
     denial of the application by submitting additional 
     information under clause (i)(III)--

       ``(I) shall have the opportunity to do so directly with a 
     loan officer; and
       ``(II) shall not be required to seek a remedy through the 
     appeals process of the Administration.''.

     SEC. 403. MODIFICATIONS TO EMERGENCY EIDL ADVANCES.

       Section 1110(e)(1) of division A of the CARES Act (15 
     U.S.C. 90009(e)) is amended to read as follows:
       ``(1) In general.--During the covered period, an entity 
     included for eligibility in subsection (b), including small 
     business concerns, private nonprofit organizations, and small 
     agricultural cooperatives, that applies for a loan under 
     section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) in response to COVID-19 shall be provided an 
     advance that is, subject to paragraph (3), disbursed within 3 
     days after the Administrator receives an application from 
     such entity, unless the advance is specifically declined by 
     such entity.''.

     SEC. 404. DATA TRANSPARENCY, VERIFICATION, AND NOTICES FOR 
                   ECONOMIC INJURY DISASTER LOANS.

       (a) In General.--Section 1110 of the CARES Act (15 U.S.C. 
     9009) is amended--
       (1) by redesignating subsection (f) as subsection (j); and
       (2) by inserting after subsection (e) the following new 
     subsections:
       ``(f) Data Transparency.--
       ``(1) In general.--In this subsection, the term `covered 
     application' means an application submitted to the 
     Administrator for a loan under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)), including an application 
     for such a loan submitted by an eligible entity.
       ``(2) Weekly reports.--Not later than 1 week after the date 
     of enactment of this subsection, and weekly thereafter until 
     the end of the covered period, the Administrator shall 
     publish on the website of the Administration a report that 
     contains the following information:
       ``(A) For the week covered by the report, the number of 
     covered applications that the Administrator--
       ``(i) received;
       ``(ii) processed; and
       ``(iii) approved and rejected, including the percentage of 
     covered applications that the Administrator approved.
       ``(B) With respect to the covered applications that the 
     Administrator approved during that week, the number and 
     dollar amount of the loans made with respect to such 
     applications as part of a response to COVID-19.
       ``(C) The identification number, or other indicator showing 
     the order in which any application was received and intended 
     to be processed, for the most recent covered application 
     processed by the Administrator.
       ``(D) Demographic data with respect to applicants 
     submitting covered applications during the week covered by 
     the report and loans made pursuant to covered applications 
     during the week covered by the report, which shall include--
       ``(i) with respect to each such applicant or loan 
     recipient, as applicable, information regarding--

       ``(I) the geographic area in which the applicant or loan 
     recipient operates;
       ``(II) if applicable, the sex, race, and ethnicity of each 
     owner of the applicant or loan recipient, which the 
     individual may decline to provide;
       ``(III) the annual revenue of the applicant or loan 
     recipient;
       ``(IV) the number of employees employed by the applicant or 
     loan recipient;
       ``(V) whether the applicant or loan recipient is a for-
     profit or nonprofit entity; and
       ``(VI) the industry in which the applicant or loan 
     recipient operates;

       ``(ii) the number of such loans made to agricultural 
     enterprises; and
       ``(iii) the average economic injury suffered by--

       ``(I) applicants, the covered applications of which the 
     Administrator approved; and
       ``(II) applicants, the covered applications of which the 
     Administrator rejected.

       ``(g) Verification of Business Eligibility.--
       ``(1) In general.--With respect to an application submitted 
     to the Administrator during the covered period for a loan 
     under section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) in response to COVID-19, the Administrator shall 
     verify that each such applicant was in operation on January 
     31, 2020.
       ``(2) Report.--Not later than 30 days after the date of 
     enactment of this subsection, the Administrator shall submit 
     to Congress a report that describes the steps taken by the 
     Administrator to perform the verification required under 
     paragraph (1).
       ``(3) Sense of congress.--It is the sense of Congress that 
     the verification required under paragraph (1) constitutes 
     oversight that the Administrator is required to perform under 
     paragraph (15) of section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) with respect to entities receiving loans under 
     paragraph (2) of such section 7(b).
       ``(h) Notifications to Congress.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `appropriate committees of Congress' means--
       ``(i) the Committee on Small Business and Entrepreneurship 
     and the Subcommittee on Financial Services and General 
     Government of the Committee on Appropriations of the Senate; 
     and
       ``(ii) the Committee on Small Business and the Subcommittee 
     on Financial Services and General Government of the Committee 
     on Appropriations of the House of Representatives; and
       ``(B) the term `covered program, project, or activity' 
     means--
       ``(i) the program under this section;
       ``(ii) the loan program under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2));
       ``(iii) the authorized activities for amounts were 
     appropriated in response to the COVID-19 pandemic under the 
     heading `Small Business Administration--Salaries and 
     Expenses'; or
       ``(iv) any other program, project, or activity for which 
     funds are made available to the Administration to respond to 
     the COVID-19 pandemic.
       ``(2) Notice of approaching funding lapse.--The 
     Administrator shall submit to the appropriate committees of 
     Congress a notification not later than 2 days after the date 
     on which unobligated balances of amounts appropriated for a 
     fiscal year for any covered program, project, or activity are 
     less than 25 percent of the total amount appropriated for the 
     covered program, project, or activity for such fiscal year.
       ``(3) Monthly report.--The Administrator shall submit to 
     the appropriate committees of

[[Page H5272]]

     Congress a monthly report detailing the current and future 
     planned uses of amounts appropriated in response to the 
     COVID-19 pandemic under the heading `Small Business 
     Administration--Salaries and Expenses', which shall include--
       ``(A) the number of employees hired and contractors 
     retained using such amounts;
       ``(B) the number of contracts with a total cost of more 
     than $5,000,000 entered into using such amounts;
       ``(C) a list of all sole source contracts entered into 
     using such amounts; and
       ``(D) any program changes, regulatory actions, guidance 
     issuances, or other initiatives relating to the response to 
     the COVID-19 pandemic.''.
       (b) Retroactive Collection.--As soon as is practicable 
     after the date of enactment of this Act, the Administrator 
     shall collect the information required under section 1110(f) 
     of the CARES Act (15 U.S.C. 9009(f)), as amended by 
     subsection (a), from applicants that submitted covered 
     applications (as defined in such section 1110(f)) during the 
     period beginning on the date of enactment of the CARES Act 
     (Public Law 116-136) and ending on the date of enactment of 
     this Act.

     SEC. 405. LIFELINE FUNDING FOR SMALL BUSINESS CONTINUITY, 
                   ADAPTATION, AND RESILIENCY.

       Section 1110 of the CARES Act (15 U.S.C. 9009), as amended 
     by section 404, is further amended by inserting after 
     subsection (i) (as added by such section) the following new 
     subsection:
       ``(i) Lifeline Funding for Small Business Continuity, 
     Adaptation, and Resiliency.--
       ``(1) Definitions.--In this subsection:
       ``(A) Agricultural enterprise.--The term `agricultural 
     enterprise' has the meaning given the term in section 18(b) 
     of the Small Business Act (15 U.S.C. 647(b)).
       ``(B) Covered entity.--The term `covered entity'--
       ``(i) means an eligible entity described in subsection (b) 
     of this section, if such eligible entity--

       ``(I) has not more than 50 employees; and
       ``(II) has suffered an economic loss of not less than 30 
     percent; and

       ``(ii) except with respect to an entity included under 
     section 123.300(c) of title 13, Code of Federal Regulations, 
     or any successor regulation, does not include an agricultural 
     enterprise.
       ``(C) Economic loss.--The term `economic loss' means, with 
     respect to a covered entity, the amount by which the gross 
     receipts of the covered entity declined during an 8-week 
     period between March 2, 2020, and December 31, 2020 (as 
     determined by the covered entity), relative to a comparable 
     8-week period immediately preceding March 2, 2020, or during 
     2019 (as determined by the covered entity).
       ``(D) Economically disadvantaged individual.--The term 
     `economically disadvantaged individual' means an economically 
     disadvantaged individual under section 124.104 of title 13, 
     Code of Federal Regulations, or any successor regulation.
       ``(E) Low-income community.--The term `low-income 
     community' has the meaning given the term in section 45D(e) 
     of the Internal Revenue Code of 1986.
       ``(F) Remote recreations enterprise.--The term `remote 
     recreational enterprise' means a covered entity that was in 
     operation on or before March 1, 2020, that can document an 
     economic loss caused by the closure of the United States and 
     Canadian border that restricted the ability of American 
     customers to access the location of the covered entity.
       ``(G) Small business concern.--The term `small business 
     concern' has the meaning given the term under section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       ``(H) Socially disadvantaged individual.--The term 
     `socially disadvantaged individual' means a socially 
     disadvantaged individual under section 124.103 of title 13, 
     Code of Federal Regulations, or any successor regulation.
       ``(2) Procedure.--During the covered period, a covered 
     entity that applies for a loan under section 7(b)(2) of the 
     Small Business Act (15 U.S.C. 636(b)(2)) may request that the 
     Administrator provide funding for the purposes described in 
     paragraph (6).
       ``(3) Verification.--With respect to each request submitted 
     by an entity under paragraph (2), the Administrator shall--
       ``(A) not later than 14 days after the date on which the 
     Administrator receives the request, verify whether the entity 
     is a covered entity; and
       ``(B) if the Administrator verifies that the entity is a 
     covered entity under clause (i), and subject to paragraph 
     (8), disburse the funding requested by the covered entity not 
     later than 7 days after the date on which the Administrator 
     completes the verification.
       ``(4) Order of processing.--Subject to paragraph (8), the 
     Administrator shall process and approve requests submitted 
     under paragraph (2) in the order the Administrator receives 
     the requests.
       ``(5) Amount of funding.--
       ``(A) In general.--The amount of funding provided to a 
     covered entity that submits a request under paragraph (2) 
     shall be in an amount that is the lesser of--
       ``(i) the amount of working capital needed by the covered 
     entity for the 180-day period beginning on the date on which 
     the covered entity would receive the funding, as determined 
     by the Administrator using a methodology that is identical to 
     the methodology used by the Administrator to determine 
     working capital needs with respect to an application for a 
     loan submitted under section 7(b)(2) of the Small Business 
     Act (15 U.S.C. 636(b)(2)); or
       ``(ii) $50,000.
       ``(B) Entitlement to full amount.--A covered entity that 
     receives funding pursuant to a request submitted under 
     paragraph (2) shall be entitled to receive the full amount of 
     that funding, as determined under subparagraph (A), without 
     regard to--
       ``(i) if the applicable loan for which the covered entity 
     has applied under section 7(b)(2) of the Small Business Act 
     (15 U.S.C. 636(b)(2)) is approved, the amount of the loan;
       ``(ii) whether the covered entity accepts the offer of the 
     Administrator with respect to an approved loan described in 
     clause (i); or
       ``(iii) whether the covered entity has previously received 
     any amounts under subsection (e).
       ``(6) Use of funds.--A covered entity that receives funding 
     under this subsection--
       ``(A) may use the funding--
       ``(i) for any purpose for which a loan received under 
     section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) may be used;
       ``(ii) for working capital needs, including investments to 
     implement adaptive changes or resiliency strategies to help 
     the eligible entity maintain business continuity during the 
     COVID-19 pandemic; or
       ``(iii) to repay any unpaid amount of--

       ``(I) a loan received under subsection (a)(36) or (b)(2) of 
     section 7 of the Small Business Act (15 U.S.C. 636); or
       ``(II) mortgage interest; and

       ``(B) may not use the funding to pay any loan debt, except 
     as provided in subparagraph (A)(iii).
       ``(7) Applicability.--In addition to any other restriction 
     imposed under this subsection, any eligibility restriction 
     applicable to a loan made under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)), including any restriction 
     under section 123.300 or 123.301 of title 13, Code of Federal 
     Regulations, or any successor regulation, shall apply with 
     respect to funding provided under this subsection.
       ``(8) Priority.--During the 56-day period beginning on the 
     date of enactment of this subsection, the Administrator may 
     approve a request for funding under this subsection only if 
     the request is submitted by--
       ``(A) a covered entity located in a low-income community;
       ``(B) a covered entity owned or controlled by a veteran or 
     a member of the Armed Forces;
       ``(C) a covered entity owned or controlled by an 
     economically disadvantaged individual or a socially 
     disadvantaged individual; or
       ``(D) a remote recreational enterprise.
       ``(9) Administration.--In carrying out this subsection, the 
     Administrator may rely on loan officers and other personnel 
     of the Office of Disaster Assistance of the Administration 
     and other resources of the Administration, including 
     contractors of the Administration.
       ``(10) Retroactive effect.--Any covered entity that, during 
     the period beginning on January 1, 2020, and ending on the 
     day before the date of enactment of this subsection, applied 
     for a loan under section 7(b)(2) of the Small Business Act 
     (15 U.S.C. 636(b)(2)) may submit to the Administrator a 
     request under paragraph (2) with respect to that loan.
       ``(11) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator 
     $40,000,000,000 to carry out this subsection, which shall 
     remain available through December 31, 2020, of which--
       ``(A) $20,00,000,000 is authorized to be appropriated to 
     provide funding to covered entities described in paragraph 
     (8); and
       ``(B) $20,000,000 is authorized to be appropriated to the 
     Inspector General of the Administration to prevent waste, 
     fraud, and abuse with respect to funding provided under this 
     subsection.''.

     SEC. 406. MODIFICATIONS TO ECONOMIC INJURY DISASTER LOANS.

       (a) Loans for New Borrowers.--With respect to a loan made 
     under section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) to a borrower adversely impacted by COVID-19 
     during the period beginning on the date of enactment of this 
     Act and ending on December 31, 2020--
       (1) the borrower shall be eligible for a loan in an amount 
     equal to 6 months of working capital if the borrower 
     otherwise meets the underwriting standards established by the 
     Administration; and
       (2) the Administrator--
       (A) shall not impose a maximum loan amount limit that is 
     lower than $2,000,000; and
       (B) shall not disqualify any applicant for such a loan due 
     to the criminal history or arrest record of the applicant, 
     except in the case of an applicant that, during the 5-year 
     period preceding the date on which the applicant submits an 
     application, has been convicted--
       (i) of a felony offense involving fraud, bribery, or 
     embezzlement in any State or Federal court; or
       (ii) in connection with a false statement made in--

       (I) a loan application; or
       (II) an application for Federal financial assistance.

       (b) Additional Loan for Existing Borrowers.--
       (1) In general.--A recipient of a loan made under section 
     7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to a 
     borrower adversely impacted by COVID-19 during the period 
     beginning on January 31, 2020, and ending on the date of 
     enactment of this Act may submit to the Administrator a 
     request for an additional amount to increase in the amount of 
     that loan, provided that the aggregate amount received under 
     such section by the recipient during that period shall be not 
     more than the lesser of--
       (A) an amount equal to 6 months of working capital for the 
     recipient; and
       (B) $2,000,000; and
       (2) Consideration.--In considering a request submitted 
     under paragraph (1), the Administrator--
       (A) may not recalculate the economic injury or 
     creditworthiness of the borrower; and

[[Page H5273]]

       (B) shall issue a determination based on the documentation 
     submitted by the borrower for the initial loan under such 
     section 7(b)(2), any other new information voluntarily 
     provided by the borrower, and any information obtained to 
     prevent fraud or abuse.
       (3) Additional documentation.--If the Administrator of the 
     Small Business Administration requires a borrower making a 
     request under paragraph (1) to provide additional 
     documentation, the Administrator shall--
       (A) publish those documentation requirements on the website 
     of the Administration not later than 7 days after the date of 
     enactment of this Act; and
       (B) proactively provide those requirements to any such 
     borrower that received a loan described in paragraph (1).

     SEC. 407. PRINCIPAL AND INTEREST PAYMENTS FOR CERTAIN 
                   DISASTER LOANS.

       (a) In General.--The Administrator shall pay the principal, 
     interest, and any associated fees that are owed on a physical 
     disaster loan or a covered EIDL loan as follows:
       (1) With respect to a physical disaster loan--
       (A) not in deferment, for the 12-month period beginning 
     with the next payment due on such loan;
       (B) in deferment, for the 12-month period beginning with 
     the next payment due on such loan after the deferment period; 
     and
       (C) made on or after the date of enactment of this Act, for 
     the 12-month period beginning with the first payment due on 
     such loan.
       (2) With respect to a covered EIDL loan--
       (A) not in deferment, for the 12-month period beginning 
     with the next payment due on such loan; and
       (B) in deferment, for the 12-month period beginning with 
     the next payment due on such loan after the deferment period.
       (b) Timing of Payment.--The Administrator shall begin 
     making payments under subsection (a) not later than 30 days 
     after the date on which the first such payment is due.
       (c) Application of Payment.--Any payment made by the 
     Administrator under subsection (a) shall be applied to the 
     physical disaster loan or a covered EIDL loan (as applicable) 
     such that the borrower is relieved of the obligation to pay 
     that amount.
       (d) Definitions.--In this section:
       (1) Physical disaster loan.--The term ``physical disaster 
     loan'' means a loan made under section 7(b)(1) of the Small 
     Business Act (15 U.S.C. 636(b)(1)) in a regular servicing 
     status.
       (2) Covered eidl loan.--The term ``covered EIDL loan'' 
     means a loan made under section 7(b)(2) of the Small Business 
     Act (15 U.S.C. 636(b)(2)) that--
       (A) was approved by the Administrator before February 15, 
     2020; and
       (B) is in a regular servicing status.

     SEC. 408. TRAINING.

       The Administrator shall develop and implement a plan to 
     train any staff responsible for implementing or administering 
     the loan program established under section 7(b)(2) of the 
     Small Business Act (15 U.S.C. 636(b)(2)) on specific 
     responsibilities with respect to such program. Such plan 
     shall be submitted to the Committee on Small Business of the 
     House of Representatives and the Committee on Small Business 
     and Entrepreneurship of the Senate.

     SEC. 409. OUTREACH PLAN.

       Not later than 30 days after the date of the enactment of 
     this Act, the Administrator shall submit to the Committee on 
     Small Business of the House of Representatives and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate an outreach plan to clearly communicate program and 
     policy changes to all offices of the Administration, small 
     business development centers (as defined in section 3 of the 
     Small Business Act (15 U.S.C. 632)), women's business centers 
     (described under section 29 of such Act (15 U.S.C. 656)), 
     chapters of the Service Corps of Retired Executives 
     (established under section 8(b)(1)(B) of such Act (15 U.S.C. 
     637(b)(1)(B))), Veteran Business Outreach Centers (described 
     under section 32 of such Act (15 U.S.C. 657b)), Members of 
     Congress, congressional committees, small business concerns 
     (as defined in section 3 of such Act (15 U.S.C. 632)), and 
     the public.

     SEC. 410. REPORT ON BEST PRACTICES.

       Not later than 60 days after the date of the enactment of 
     this Act, the Administrator shall submit to the Committee on 
     Small Business of the House of Representatives and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate a report on outlining the best practices to administer 
     the loan program established under section 7(b)(2) of the 
     Small Business Act (15 U.S.C. 636(b)(2)) during a pandemic.

     SEC. 411. EXTENSION OF PERIOD OF AVAILABILITY FOR 
                   ADMINISTRATIVE FUNDS.

       Section 1107(a) of the CARES Act (15 U.S.C. 9006(a)) is 
     amended in the matter preceding paragraph (1) by striking 
     ``until September 30, 2021'' and inserting ``until December 
     31, 2021, for amounts appropriated under paragraph (2), and 
     until September 30, 2021, for all other amounts appropriated 
     under this subsection''.

         TITLE V--MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT

     SEC. 501. MICRO-SBIC PROGRAM.

       Title III of the Small Business Investment Act of 1958 (15 
     U.S.C. 681 et seq.) is amended by adding at the end the 
     following:

                      ``PART D--MICRO-SBIC PROGRAM

     ``SEC. 399A. MICRO-SBIC PROGRAM.

       ``(a) Establishment.--There is established in the 
     Administration a program to be known as the `Micro-SBIC 
     Program' under which the Administrator shall issue a license 
     to an applicant for the purpose of making loans to and 
     investments in small business concerns. An applicant licensed 
     under this section shall have the same benefits as an 
     applicant licensed under section 301.
       ``(b) Eligibility.--An applicant desiring to receive a 
     license to operate as a micro-SBIC shall submit an 
     application to the Administrator at such time, in such 
     manner, and containing such information as the Administrator 
     may require, including--
       ``(1) evidence that the applicant holds private capital of 
     not less than $5,000,000;
       ``(2) evidence that the management of the applicant is 
     qualified and has significant business expertise relevant to 
     the applicant's strategy; and
       ``(3) an election to receive a seed investment under 
     section 399C or leverage from the Administrator.
       ``(c) Issuance of License.--
       ``(1) Procedures.--
       ``(A) Status.--Not later than 90 days after the initial 
     receipt by the Administrator of an application under this 
     subsection, the Administrator shall provide the applicant 
     with a written report detailing the status of the application 
     and any requirements remaining for completion of the 
     application.
       ``(B) Approval or disapproval.--Except as provided in 
     subparagraph (C) and within a reasonable time after providing 
     the report under subparagraph (A) and in accordance with such 
     requirements as the Administrator may prescribe by 
     regulation, the Administrator shall--
       ``(i) approve the application and issue to the applicant a 
     license to operate as a micro-SBIC; or
       ``(ii) disapprove the application and notify the applicant 
     in writing of the disapproval.
       ``(C) Provisional approval.--The Administrator may provide 
     provisional approval for an applicant for a period of not 
     more than 12 months before making a final determination of 
     approval or disapproval under subparagraph (B).
       ``(D) Explanation of disapproval.--An applicant may submit 
     to the Administrator a request for a written explanation 
     regarding the disapproval of an application under 
     subparagraph (B)(ii).
       ``(2) Appeals.--
       ``(A) Disapproved applications.--With respect to an 
     application that is disapproved under paragraph (1)(B)(iii)--
       ``(i) not later than 30 days after the date on which the 
     application is disapproved, the applicant may submit an 
     appeal to the Chair of the Investment Division Licensing 
     Committee of the Administration (referred to in this 
     subparagraph as the `Chair'); and
       ``(ii) not later than 30 days after the date on which the 
     applicant submits an appeal under clause (i), the Chair shall 
     issue a ruling with respect to the appeal and notify the 
     applicant regarding such ruling.
       ``(B) Denial of appeal.--With respect to an application 
     that the Chair denies in an appeal submitted under 
     subparagraph (A)--
       ``(i) not later than 30 days after the date on which the 
     Chair submits the notification required under subparagraph 
     (A)(ii), the applicant may submit to the Administrator an 
     appeal of the ruling made by the Chair; and
       ``(ii) not later than 30 days after the date on which the 
     applicant submits an appeal under clause (i), the 
     Administrator shall issue a final ruling with respect to the 
     appeal and notify the applicant regarding such ruling.
       ``(3) Priority.--In reviewing applications and issuing 
     licenses under this section, the Administrator shall give 
     priority to an applicant the management of which consists of 
     at least two socially disadvantaged individuals or 
     economically disadvantaged individuals and at least one track 
     record investment committee member.
       ``(4) Expedited procedures.--The Administrator shall 
     establish expedited procedures for the consideration of an 
     application submitted under subsection (b), including a 
     written report under paragraph (1)(A) not later than 45 days 
     after the initial receipt of an application, for--
       ``(A) a small business investment companies licensed under 
     section 301;
       ``(B) a rural business investment company; or
       ``(C) a bank-owned applicant.
       ``(d) Maximum Leverage.--
       ``(1) In general.--For a micro-SBIC that elects to receive 
     leverage under subsection (b)(3), the maximum amount of 
     outstanding leverage made available to any one micro-SBIC may 
     not exceed--
       ``(A) 50 percent of the private capital of such micro-SBIC, 
     not to exceed $25,000,000; or
       ``(B) in the case of a micro-SBIC owned by persons who also 
     own a small business investment company licensed under 
     section 301, 100 percent of the private capital of such 
     micro-SBIC, not to exceed $50,000,000.
       ``(2) Investments in certain businesses.--In calculating 
     the outstanding leverage of a micro-SBIC for purposes of 
     paragraph (1), the Administrator shall exclude the amount of 
     the cost basis of any investments made in an early-stage 
     small business, growth-stage small business, scale-up small 
     business, or covered small business in an amount not to 
     exceed--
       ``(A) $25,000,000; or
       ``(B) in the case of a micro-SBIC owned by persons who also 
     own a small business investment company licensed under 
     section 301, $50,000,000.

     ``SEC. 399B. MICRO-SBIC PROGRAM REQUIREMENTS.

       ``(a) Surrender of License.--A micro-SBIC that voluntarily 
     surrenders a license issued under this section shall enter 
     into an agreement with Administrator for the repayment of 
     leverage received. Such agreement may not require the micro-
     SBIC to immediately repay all leverage received.
       ``(b) Administration.--To the extent practicable, for a 
     micro-SBIC that elects to receive leverage under section 
     399A(b)(3), the Administrator shall administer the Micro-SBIC 
     Program

[[Page H5274]]

     in a similar manner to the program under section 301.

     ``SEC. 399C. SEED INVESTMENT PROGRAM.

       ``(a) Establishment.--The Administrator shall establish and 
     carry out an equity investment program (in this part referred 
     to as the `Seed Investment Program') to provide seed 
     investments to a micro-SBIC to invest in small business 
     concerns.
       ``(b) Application.--A micro-SBIC that elects to receive a 
     seed investment under section 399A(b)(3) shall submit to the 
     Administrator an application that includes the following:
       ``(1) A business plan describing how the applicant intends 
     to make successful investments in early-stage small 
     businesses, growth-stage small businesses, scale-up small 
     businesses, or covered small businesses, as applicable.
       ``(2) A description of the extent to which the applicant 
     meets the selection criteria under subsection (c).
       ``(c) Selection.--
       ``(1) In general.--Not later than 90 days after the date of 
     receipt of an application under subsection (b), the 
     Administrator shall make a final determination to approve or 
     disapprove the applicant as a participant in the Seed 
     Investment Program and shall submit such determination to the 
     applicant in writing.
       ``(2) Criteria.--In making a determination under paragraph 
     (1), the Administrator shall consider each of the following 
     criteria:
       ``(A) The likelihood that the applicant will meet the goals 
     specified in the business plan of the applicant.
       ``(B) The likelihood that the investments of the applicant 
     will directly and indirectly create or preserve jobs.
       ``(C) The character and fitness of the management of the 
     applicant.
       ``(D) The experience and background of the management of 
     the applicant.
       ``(E) The extent to which the applicant will concentrate 
     investment activities on early-stage small businesses, 
     growth-stage small businesses, scale-up small businesses, or 
     covered small businesses, as applicable.
       ``(F) The likelihood that the applicant will achieve 
     profitability.
       ``(G) The experience of the management of the applicant 
     with respect to establishing a profitable investment track 
     record.

     ``SEC. 399D. REQUIREMENTS FOR SEED INVESTMENTS.

       ``(a) In General.--The Administrator may make one seed 
     investment to a Program participant, which shall be held in 
     an account from which the Program participant may make 
     withdrawals.
       ``(b) Amounts.--
       ``(1) Non-federal capital.--A seed investment made to a 
     Program participant may not exceed the amount of capital of 
     such Program participant that--
       ``(A) is not from a Federal source; and
       ``(B) that is available for investment, including through 
     legally binding commitments, on or before the date on which 
     the seed investment is approved.
       ``(2) Limitation on amount.--The amount of a seed 
     investment made to a Program participant may not exceed the 
     lesser of--
       ``(A) $25,000,000; or
       ``(B) 100 percent of the private capital committed to the 
     Program participant.
       ``(c) Process.--
       ``(1) In general.--Amounts held in an account under this 
     section shall remain available to a Program participant--
       ``(A) for initial seed investments, during the 5-year 
     period beginning on the date on which the Program participant 
     first accesses amounts from the account; and
       ``(B) for follow-on investments and management fees, during 
     the 10-year period beginning on the date on which the Program 
     participant first accesses amounts from the account.
       ``(2) Extension.--Upon request by a Program participant, 
     the Administrator may grant a 1-year extension of the period 
     described in paragraph (1)(B) not more than 2 times.
       ``(3) Use of amounts.--A Program participant shall invest 
     all amounts in the account during the 10-year period 
     beginning on the date on which the Program participant first 
     accesses amounts from the account.
       ``(d) Priority.--The Administrator shall prioritize making 
     seed investments under this section to Program participants 
     in underlicensed States.
       ``(e) Investments in Certain Businesses.--
       ``(1) In general.--A Program participant that receives a 
     seed investment under this part shall make all of the 
     investments of such Program participant in small business 
     concerns, of which at least 50 percent shall be in covered 
     small businesses.
       ``(2) Minority positions.--On the date on which a Program 
     participant first accesses amounts from such seed investment, 
     the Program participant may not own or control not more than 
     50 percent of the shares of any small business concern in 
     which such Program participant invests. A Program participant 
     shall not pursue a buyout strategy as a primary purpose of an 
     investment in such a small business concern, but may take 
     control in follow-on investments if necessary for the success 
     of any such small business concern.
       ``(3) Evaluation of compliance.--The Administrator shall 
     evaluate the compliance of a Program participant with the 
     requirements under this section once such Program participant 
     has expended 75 percent of the amount of a seed investment 
     made under this part.
       ``(f) Seed Investment Interest.--
       ``(1) In general.--
       ``(A) In general.--Subject to paragraph (4), a Program 
     participant that receives a seed investment under the Program 
     shall convey a seed investment interest to the Administrator 
     in accordance with subparagraph (B).
       ``(B) Effect of conveyance.--The seed investment interest 
     conveyed under paragraph (1) shall have all the rights and 
     attributes of other investors with respect to the Program 
     participant, but shall not assign control or voting rights to 
     the Administrator. The seed investment interest shall entitle 
     the Administrator to a pro rata portion of any distributions 
     made by the Program participant equal to the percentage of 
     capital in the Program participant that the seed investment 
     comprises. The Administrator shall receive distributions from 
     the Program participant at the same times and in the same 
     amounts as any other investor in the Program participant with 
     a similar interest. The Program participant shall make 
     allocations of income, gain, loss, deduction, and credit to 
     the Administrator with respect to the seed investment 
     interest as if the Administrator were an investor.
       ``(2) Manager profits.--The manager profits interest 
     payable to the managers of a Program participant shall not 
     exceed 20 percent of profits, exclusive of any profits that 
     may accrue as a result of the capital contributions of any 
     such managers with respect to such Program participant. Any 
     excess of this amount, less taxes payable thereon, shall be 
     returned by the managers and paid to the investors and the 
     Administrator in proportion to the capital contributions and 
     seed investments paid in. No manager profits interest (other 
     than a tax distribution) shall be paid prior to the repayment 
     to the investors and the Administrator of all contributed 
     capital and seed investments made. A manager of a Program 
     participant may charge reasonable and customary management 
     and organizational fees.
       ``(3) Distribution requirements.--A Program participant 
     that receives a seed investment under the Program shall make 
     all distributions to all investors in cash and shall make 
     distributions within a reasonable time after exiting 
     investments, including following a public offering or market 
     sale of underlying investments.
       ``(4) Limitation on grant profits.--Once the Administrator 
     has received an amount equal to 110 percent of the amount of 
     the seed investment made to a Program participant, the 
     requirement to convey seed investment interest under this 
     subsection shall be terminated and no further distributions 
     of profits shall be made to the Administrator.

     ``SEC. 399E. ADMINISTRATION.

       ``(a) Electronic Submissions.--The Administrator shall 
     permit the electronic submission of any document submitted 
     under this part or pursuant to a regulation carrying out this 
     part, including by permitting an electronic signature for any 
     signature that is required on such a document.
       ``(b) Application of Penalties.--To the extent not 
     inconsistent with requirements under this part, the 
     Administrator may take such action as set forth in sections 
     309, 311, 312, 313, and 314 to activities under this part and 
     an officer, director, employee, agent, or other participant 
     in a micro-SBIC shall be subject to the requirements under 
     such sections.

     ``SEC. 399F. REPORT.

       ``The Administrator shall include in the annual report 
     required under section 10(a) of the Small Business Act a 
     description of--
       ``(1) the number of applications received under this part, 
     including the number of applications received from applicants 
     for which the management consists of at least two socially 
     disadvantaged individuals or economically disadvantaged 
     individuals; and
       ``(2) the number of licenses issued under section 399A, 
     including the number of such licenses issued to applicants 
     for which the management consists of at least two socially 
     disadvantaged individuals or economically disadvantaged 
     individuals.

     ``SEC. 399G. DEFINITIONS.

       ``In this part:
       ``(1) Applicant.--The term `applicant' means--
       ``(A) an incorporated body, a limited liability 
     corporation, or a limited partnership organized and chartered 
     or otherwise existing under State law solely for the purpose 
     of performing the functions and conducting the activities 
     contemplated under this section; or
       ``(B) a bank-owned applicant, rural business investment 
     company, or small business investment company licensed under 
     section 301 that submits an application to operate as a 
     micro-SBIC under section 399A.
       ``(2) Bank-owned applicant.--the term `bank-owned 
     applicant' means an applicant for a license to operate as a 
     small business investment company under this part that--
       ``(A) is a national bank or any member bank of the Federal 
     Reserve System or nonmember insured bank that bears the same 
     name as the small business investment company that is the 
     subject of the application;
       ``(B) is domestically domiciled within the United States; 
     and
       ``(C) has not had a license issued under this Act revoked 
     or involuntarily surrendered during the 10-year period 
     preceding the date on which the application is submitted;
       ``(3) Covered small business.--The term `covered small 
     business' means a small business concern that--
       ``(A) is a small business concern owned and controlled by 
     women (as defined in section 3(n) of the Small Business Act), 
     small business concern owned and controlled by socially and 
     economically disadvantaged individuals (as defined in section 
     8(d)(3)(C) of such Act), a small business concern owned and 
     controlled by veterans (as defined in section 3(q) of such 
     Act) or a Tribal business concern (as described in section 
     31(b)(2)(C) of such Act);
       ``(B) has its principal place of business located in a 
     rural census tract (as determined under the most recent rural 
     urban commuting area code as set forth by the Office of 
     Management and Budget);

[[Page H5275]]

       ``(C) is a domestic manufacturing business that is assigned 
     a North American Industry Classification System code 
     beginning with 31, 32, or 33 at the time at which the small 
     business concern receives an investment from a micro-SBIC 
     under this section; or
       ``(D) either--
       ``(i) had gross receipts during the first or second quarter 
     in 2020 that are not less than 50 percent less than the gross 
     receipts of the concern during the same quarter in 2019;
       ``(ii) if the concern was not in business during the first 
     or second quarter of 2019, but was in business during the 
     third and fourth quarter of 2019, had gross receipts during 
     the first or second quarter of 2020 that are less than 50 
     percent of the amount of the gross receipts of the concern 
     during the third or fourth quarter of 2019;
       ``(iii) if the concern was not in business during the 
     first, second, or third quarter of 2019, but was in business 
     during the fourth quarter of 2019, had gross receipts during 
     the first or second quarter of 2020 that are less than 50 
     percent of the amount of the gross receipts of the concern 
     during the fourth quarter of 2019; or
       ``(iv) if the concern 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 50 
     percent of the amount of the gross receipts of the concern 
     during the first quarter of 2020.
       ``(4) Early-stage small business.--The term `early-stage 
     small business' means a small business concern that--
       ``(A) is domestically domiciled within the United States;
       ``(B) during the 3-year period preceding the date of 
     application, has not generated gross annual sales revenues 
     exceeding $15,000,000;
       ``(C) produces a majority of its goods or provides a 
     majority of its services in the United States; and
       ``(D) does not move production or employment outside the 
     United States.
       ``(5) Economically disadvantaged individual; socially 
     disadvantaged individual.--The terms `economically 
     disadvantaged individual' and `socially disadvantaged 
     individual' have the meanings given, respectively, in section 
     8(a) of the Small Business Act.
       ``(6) Growth-stage small business.--The term `growth-stage 
     small business' means a small business concern that--
       ``(A) is domestically domiciled within the United States;
       ``(B) during the 3-year period preceding the date of 
     application, has not generated gross annual sales revenues 
     exceeding $30,000,000;
       ``(C) produces a majority of its good or provides a 
     majority of its services in the United States; and
       ``(D) does not move production or employment outside the 
     United States.
       ``(7) Management.--The term `management' means a general 
     partner of an applicant or member of the investment committee 
     of an applicant.
       ``(8) Micro-SBIC.--The term `micro-SBIC' means an applicant 
     licensed under section 399A.
       ``(9) Program participant.--The term `Program participant' 
     means a micro-SBIC that received a seed investment under the 
     Seed Investment Program established by section 399C.
       ``(10) Scale-up small business.--The term `scale-up small 
     business' means a small business concern that--
       ``(A) is domestically domiciled within the United States;
       ``(B) during the 3-year period preceding the date of 
     application, has not generated earnings before interest, tax, 
     depreciation, and amortization in excess of $3,000,000;
       ``(C) produces a majority of its goods or provides a 
     majority of its services in the United States; and
       ``(D) does not move production or employment outside the 
     United States.
       ``(11) Small business concern.--The term `small business 
     concern' has the meaning given under section 3(a) of the 
     Small Business Act (15 U.S.C. 632(a)).
       ``(12) Track record investment committee member.--The term 
     `track record investment committee member' means a current or 
     former small business investment company licensed under 
     section 301, a private small- and lower-middle-market venture 
     capital firm, or a private equity fund manager with the 
     knowledge, experience, and capability necessary to serve as 
     management for an applicant.
       ``(13) United states.--The term `United States' means each 
     of the several States, the District of Columbia, each 
     territory or possession of the United States, and each 
     federally recognized Indian Tribe.

     ``SEC. 399H. FUNDING.

       ``(a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the revolving fund established under 
     subsection (b) $1,000,000,000 for the first full fiscal year 
     beginning after the date of the enactment of this part to 
     carry out the requirements of this part.
       ``(b) Revolving Fund.--There is created within the 
     Administration a separate revolving fund for the Seed 
     Investment Program established under section 399C, which 
     shall be available to the Administrator subject to annual 
     appropriations. All amounts received by the Administrator, 
     including any money, property, or assets derived by the 
     Administrator from operations in connection with the Seed 
     Investment Program, including repayments of seed investments, 
     shall be deposited in the revolving fund. All expenses and 
     payments, excluding administrative expenses, pursuant to the 
     operations of the Administrator under the Seed Investment 
     Program shall be paid from the revolving fund.''.

                        TITLE VI--MISCELLANEOUS

     SEC. 601. REPEAL OF UNEMPLOYMENT GRANTS.

       Section 1110(e)(6) of the CARES Act (15 U.S.C. 9009) is 
     repealed.

     SEC. 602. SUBSIDY FOR CERTAIN LOAN PAYMENTS.

       (a) In General.--Section 1112 of the CARES Act (15 U.S.C. 
     9011) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, without regard to the date on which the covered loan is 
     fully disbursed and subject to availability of funds'' after 
     ``status''; and
       (ii) by amending subparagraphs (A), (B), and (C) to read as 
     follows:
       ``(A) with respect to a covered loan approved by the 
     Administration before the date of enactment of this Act and 
     not on deferment--
       ``(i) except as provided in clauses (ii) and (iii), for the 
     6-month period beginning with the next payment due on the 
     covered loan after the covered loan is fully disbursed;
       ``(ii) for the 11-month period beginning with the next 
     payment due on the covered loan after the covered loan is 
     fully disbursed, with respect to a covered loan that--

       ``(I) is described in subsection (a)(1)(B) or is a loan 
     guaranteed by the Administration under section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) other than a loan 
     described in clause (i) or (ii) of subsection (a)(1)(A); and
       ``(II) is made to a borrower operating primarily in an 
     industry that is assigned a North American Industry 
     Classification System code beginning with 21, 31, 32, 33, 44, 
     45, 48, 49, 51, 53, 54, 56, 62, or 81; and

       ``(iii) for the 18-month period beginning with the next 
     payment due on the covered loan after the covered loan is 
     fully disbursed, with respect to--

       ``(I) a covered loan described in paragraph (1)(A)(i) or 
     paragraph (2) of subsection (a); or
       ``(II) any covered loan made to a borrower operating 
     primarily in an industry that is assigned a North American 
     Industry Classification System code of 485510 or that begins 
     with 61, 71, or 72;

       ``(B) with respect to a covered loan approved by the 
     Administration before the date of enactment of this Act and 
     on deferment--
       ``(i) except as provided in clauses (ii) and (iii), for the 
     6-month period beginning with the next payment due on the 
     covered loan after the deferment period and after the covered 
     loan is fully disbursed;
       ``(ii) for the 11-month period beginning with the next 
     payment due on the covered loan after the deferment period 
     and after the covered loan is fully disbursed, with respect 
     to a covered loan described in subclause (I) or (II) of 
     subparagraph (A)(ii); and
       ``(iii) for the 18-month period beginning with the next 
     payment due on the covered loan after the deferment period 
     and after the covered loan is fully disbursed, with respect 
     to a covered loan described in subclause (I) or (II) of 
     subparagraph (A)(iii); and
       ``(C) with respect to a covered loan made during the period 
     beginning on the date of enactment of this Act and ending on 
     the date that is 30 months after such date of enactment--
       ``(i) except as provided in clause (ii), for the 6-month 
     period beginning with the first payment due after the loan is 
     fully disbursed; and
       ``(ii) for a covered loan described in paragraph (1)(A)(i) 
     or (2) of subsection (a) that is approved by the 
     Administrator, for the 18-month period beginning with the 
     first payment due after the loan is fully disbursed.''; and
       (B) by adding at the end the following:
       ``(4) Additional provisions for new loans.--With respect to 
     a loan described in paragraph (1)(C)--
       ``(A) the Administrator may further extend the 30-month 
     period described in paragraph (1)(C) if there are sufficient 
     funds to continue those payments; and
       ``(B) during the underwriting process, a lender of such a 
     loan may consider the payments under this section as part of 
     a comprehensive review to determine the ability to repay.
       ``(5) Eligibility.--Eligibility for a covered loan to 
     receive such payments of principal, interest, and any 
     associated fees under this subsection shall be based on the 
     date on which the covered loan is approved by the 
     Administration.
       ``(6) Authority to revise extensions.--
       ``(A) In general.--As part of preparing the reports under 
     subsection (i)(5) that are required to be submitted not later 
     than January 15, 2021, and not later than June 15, 2021, the 
     Administrator shall conduct an evaluation of whether amounts 
     made available to make payments under this subsection are 
     sufficient to make the payments for the period described in 
     paragraph (1).
       ``(B) Plan.--If the Administrator determines under 
     subparagraph (A) that the amounts made available to make 
     payments under this subsection are insufficient, the 
     Administrator shall--
       ``(i) develop a plan to proportionally reduce the number of 
     months provided for each period described in paragraph (1), 
     which shall include the goal of using all available amounts 
     made available to make payments under this subsection; and
       ``(ii) before taking action under the plan developed under 
     clause (i), include in the applicable report under subsection 
     (i)(5) the plan and the data that informs the plan.
       ``(7) Rule of construction.--Nothing in this subsection 
     shall preclude a borrower from receiving full payments of 
     principal, interest, and any associated fees as authorized by 
     subsection, regardless of the application of a plan 
     implemented under paragraph (6)(B).'';
       (2) by redesignating subsection (f) as subsection (j); and
       (3) by inserting after subsection (e) the following:
       ``(f) Eligibility for New Loans.--
       ``(1) In general.--With respect to a covered loan made on 
     or after the date of enactment of the PPP and EIDL 
     Enhancement Act of 2020,

[[Page H5276]]

     the covered loan shall have a maturity of not less than 48 
     months in order to be eligible for payments made under this 
     section.
       ``(2) Lending programs.--The minimum maturity requirements 
     of paragraph (1) shall not prohibit the Administrators from 
     establishing a minimum maturity of longer than 48 months for 
     a loan described under subsection (a), taking into 
     consideration the normal underwriting requirements for each 
     such program.
       ``(g) Limitation on Assistance.--A borrower may not receive 
     assistance under subsection (c) for more than 1 covered loan 
     of the borrower described in paragraph (1)(C) of that 
     subsection.
       ``(h) Reporting and Outreach.--
       ``(1) Update to website.--Not later than 7 days after the 
     date of enactment of the PPP and EIDL Enhancement Act of 
     2020, the Administrator shall update the website of the 
     Administration to describe the requirements relating to 
     payments made under this section.
       ``(2) Publication of list.--Not later than 14 days after 
     the date of enactment of the PPP and EIDL Enhancement Act of 
     2020, the Administrator shall transmit to each lender of a 
     covered loan a list of each borrower of a covered loan that 
     includes the North American Industry Classification System 
     code assigned to the borrower, to assist the lenders in 
     identifying which borrowers qualify for an extension of 
     payments under subsection (c).
       ``(3) Education and outreach.--
       ``(A) In general.--The Administrator shall provide 
     education and outreach to lenders, borrowers, district 
     offices, and resource partners of the Administration in order 
     to ensure full and proper compliance with this section, 
     encourage broad participation with respect to covered loans 
     that have not yet been approved by the Administrator, and 
     help lenders transition borrowers from subsidy payments under 
     this section directly to a deferral when suitable for the 
     borrower.
       ``(B) Resource partners defined.--In this paragraph, the 
     term `resource partners ' means small business development 
     centers (as defined in section 3 of the Small Business Act 
     (15 U.S.C. 632)), women's business centers (described under 
     section 29 of such Act (15 U.S.C. 656)), chapters of the 
     Service Corps of Retired Executives (established under 
     section 8(b)(1)(B) of such Act (15 U.S.C. 637(b)(1)(B))), and 
     Veteran Business Outreach Centers (described under section 32 
     of such Act (15 U.S.C. 657b)).
       ``(4) Notification.--Not later than 30 days after the date 
     of enactment of the PPP and EIDL Enhancement Act of 2020, the 
     Administrator shall mail a letter to each borrower of a 
     covered loan that includes--
       ``(A) an overview of payments made under this section;
       ``(B) the rights of the borrower to receive such payments;
       ``(C) how to seek recourse with the Administrator or the 
     lender of the covered loan if the borrower has not received 
     such payments; and
       ``(D) the rights of the borrower to request a loan deferral 
     from a lender, and guidance on how to do successfully 
     transition directly to a loan deferral once subsidy payments 
     under this section are concluded.
       ``(5) Monthly reporting.--Not later than the 15th of each 
     month beginning after the date of enactment of the PPP and 
     EIDL Enhancement Act of 2020, the Administrator shall submit 
     to Congress a report on payments made under this section, 
     which shall include--
       ``(A) monthly and cumulative data on payments made under 
     this section as of the date of the report, including a 
     breakdown by--
       ``(i) the number of participating borrowers;
       ``(ii) the volume of payments made for each type of covered 
     loan; and
       ``(iii) the volume of payments made for covered loans made 
     before the date of enactment of this Act and loans made after 
     such date of enactment;
       ``(B) the names of any lenders of covered loans that have 
     not submitted information on the covered loans to the 
     Administrator during the preceding month; and
       ``(C) an update on the education and outreach activities of 
     the Administration carried out under paragraph (3).
       ``(i) Regulations.--Not later than 30 days after the date 
     of enactment of the PPP and EIDL Enhancement Act of 2020, the 
     Administrator shall issue rules to guard against abuse or 
     excessive and unintended use by lenders or borrowers of the 
     payments provided under this section.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply as if included in the enactment of section 1112 
     of the CARES Act (15 U.S.C. 9011).

     SEC. 603. MODIFICATIONS TO 7(A) LOAN PROGRAMS.

       (a) 7(a) Loan Guarantees.--
       (1) In general.--Section 7(a)(2)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``), such 
     participation by the Administration shall be equal to'' and 
     all that follows through the period at the end and inserting 
     ``or the Community Advantage Pilot Program of the 
     Administration), such participation by the Administration 
     shall be equal to 90 percent of the balance of the financing 
     outstanding at the time of disbursement of the loan.''.
       (2) Prospective repeal.--Effective October 1, 2021, section 
     7(a)(2)(A) of the Small Business Act (15 U.S.C. 
     636(a)(2)(A)), as amended by paragraph (1), is amended to 
     read as follows:
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (D), (E), and (F), in an agreement to participate in a loan 
     on a deferred basis under this subsection (including a loan 
     made under the Preferred Lenders Program), such participation 
     by the Administration shall be equal to--
       ``(i) 75 percent of the balance of the financing 
     outstanding at the time of disbursement of the loan, if such 
     balance exceeds $150,000; or
       ``(ii) 85 percent of the balance of the financing 
     outstanding at the time of disbursement of the loan, if such 
     balance is less than or equal to $150,000.''.
       (b) Express Loans.--
       (1) Loan amount.--Section 1102(c)(2) of the CARES Act 
     (Public Law 116-36; 15 U.S.C. 636 note) is amended to read as 
     follows:
       ``(2) Prospective repeal.--Section 7(a)(31)(D) of the Small 
     Business Act (15 U.S.C.
       ``(A) by striking `$1,000,000' and inserting `$500,000', 
     effective during the period beginning on January 1, 2021, and 
     ending on September 30, 2021; and
       ``(B) (B) by striking `$500,000' and inserting `$350,000', 
     effective October 1, 2021.''.
       (2) Guarantee rates.--
       (A) Temporary modification.--Section 7(a)(31)(A)(iv) of the 
     Small Business Act (15 U.S.C. 636(a)(31)(A)(iv)) is amended 
     by striking ``with a guaranty rate of not more than 50 
     percent.'' and inserting the following: ``with a guarantee 
     rate--

       ``(I) for a loan in an amount less than or equal to 
     $350,000, of not more than 75 percent; and
       ``(II) for a loan in an amount greater than $350,000, of 
     not more than 50 percent.''.

       (B) Prospective repeal.--Effective October 1, 2021, section 
     7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C. 
     636(a)(31)), as amended by subparagraph (A), is amended by 
     striking ``guarantee rate'' and all that follows through the 
     period at the end and inserting ``guarantee rate of not more 
     than 50 percent.''.

     SEC. 604. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A) LOANS.

       Section 7(a)(7) of the Small Business Act (15 U.S.C. 
     636(a)(7)) is amended--
       (1) by striking ``The Administration'' and inserting ``(A) 
     In general.--The Administrator'';
       (2) by inserting ``and interest'' after ``principal''; and
       (3) by adding at the end the following new subparagraphs:
       ``(B) Deferral requirements.--With respect to a deferral 
     provided under this paragraph, the Administrator may allow 
     lenders under this subsection--
       ``(i) to provide full payment deferment relief (including 
     payment of principal and interest) for a period of not more 
     than 1 year; and
       ``(ii) to provide an additional deferment period if the 
     borrower provides documentation justifying such additional 
     deferment.
       ``(C) Secondary market.--If an investor declines to approve 
     a deferral or additional deferment requested by a lender 
     under subparagraph (B), the Administrator shall exercise the 
     authority to purchase the loan so that the borrower may 
     receive full payment deferment relief (including payment of 
     principal and interest) or an additional deferment as 
     described under subparagraph (B).''.

     SEC. 605. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.

       (a) Loans to Intermediaries.--
       (1) In general.--Section 7(m) of the Small Business Act (15 
     U.S.C. 636(m)) is amended--
       (A) in paragraph (3)(C)--
       (i) by striking ``and $6,000,000'' and inserting 
     ``$10,000,000 (in the aggregate)''; and
       (ii) by inserting before the period at the end the 
     following: ``, and $4,500,000 in any of those remaining 
     years'';
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``subparagraph (C)'' 
     each place that term appears and inserting ``subparagraphs 
     (C) and (G)'';
       (ii) in subparagraph (C), by amending clause (i) to read as 
     follows:
       ``(i) In general.--In addition to grants made under 
     subparagraph (A) or (G), each intermediary shall be eligible 
     to receive a grant equal to 5 percent of the total 
     outstanding balance of loans made to the intermediary under 
     this subsection if--

       ``(I) the intermediary provides not less than 25 percent of 
     its loans to small business concerns located in or owned by 
     one or more residents of an economically distressed area; or
       ``(II) the intermediary has a portfolio of loans made under 
     this subsection--

       ``(aa) that averages not more than $10,000 during the 
     period of the intermediary's participation in the program; or
       ``(bb) of which not less than 25 percent is serving rural 
     areas during the period of the intermediary's participation 
     in the program.''; and
       (iii) by adding at the end the following new subparagraph:
       ``(G) Grant amounts based on appropriations.--In any fiscal 
     year in which the amount appropriated to make grants under 
     subparagraph (A) is sufficient to provide to each 
     intermediary that receives a loan under paragraph (1)(B)(i) a 
     grant of not less than 25 percent of the total outstanding 
     balance of loans made to the intermediary under this 
     subsection, the Administration shall make a grant under 
     subparagraph (A) to each intermediary of not less than 25 
     percent and not more than 30 percent of that total 
     outstanding balance for the intermediary.'';
       (C) by striking paragraph (7) and inserting the following:
       ``(7) Program funding for microloans.--Under the program 
     authorized by this subsection, the Administration may fund, 
     on a competitive basis, not more than 300 intermediaries.''; 
     and
       (D) in paragraph (11)--
       (i) in subparagraph (C)(ii), by striking all after the 
     semicolon and inserting ``and''; and
       (ii) by striking all after subparagraph (C), and inserting 
     the following:
       ``(D) the term `economically distressed area', as used in 
     paragraph (4), means a county or equivalent division of local 
     government of a State in which the small business concern is 
     located, in which, according to the most recent

[[Page H5277]]

     data available from the Bureau of the Census, Department of 
     Commerce, not less than 40 percent of residents have an 
     annual income that is at or below the poverty level.''.
       (2) Prospective amendment.--Effective on October 1, 2021, 
     section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 
     636(m)(3)(C)), as amended by paragraph (1)(A), is further 
     amended--
       (A) by striking ``$10,000,000'' and by inserting 
     ``$7,000,000''; and
       (B) by striking ``$4,500,000'' and inserting 
     ``$3,000,000''.
       (b) Temporary Waiver of Technical Assistance Grants 
     Matching Requirements and Flexibility on Pre- and Post-loan 
     Assistance.--During the period beginning on the date of 
     enactment of this section and ending on September 30, 2021, 
     the Administration shall waive--
       (1) the requirement to contribute non-Federal funds under 
     section 7(m)(4)(B) of the Small Business Act (15 U.S.C. 
     636(m)(4)(B)); and
       (2) the limitation on amounts allowed to be expended to 
     provide information and technical assistance under clause (i) 
     of section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 
     636(m)(4)(E)) and enter into third-party contracts to provide 
     technical assistance under clause (ii) of such section 
     7(m)(4)(E).
       (c) Temporary Duration of Loans to Borrowers.--
       (1) In general.--During the period beginning on the date of 
     enactment of this section and ending on September 30, 2021, 
     the duration of a loan made by an eligible intermediary under 
     section 7(m) of the Small Business Act (15 U.S.C. 636(m))--
       (A) to an existing borrower may be extended to not more 
     than 8 years; and
       (B) to a new borrower may be not more than 8 years.
       (2) Reversion.--On and after October 1, 2021, the duration 
     of a loan made by an eligible intermediary to a borrower 
     under section 7(m) of the Small Business Act (15 U.S.C. 
     636(m)) shall be 7 years or such other amount established by 
     the Administrator.
       (d) Funding.--Section 20 of the Small Business Act (15 
     U.S.C. 631 note) is amended by adding at the end the 
     following new subsection:
       ``(h) Microloan Program.--For each of fiscal years 2021 
     through 2025, the Administration is authorized to make--
       ``(1) $80,000,000 in technical assistance grants, as 
     provided in section 7(m); and
       ``(2) $110,000,000 in direct loans, as provided in section 
     7(m).''.
       (e) Authorization of Appropriations.--In addition to 
     amounts provided under the Consolidated Appropriations Act, 
     2020 (Public Law 116-93) for the program established under 
     section 7(m) of the Small Business Act (15 U.S.C. 636(m)), 
     there is authorized to be appropriated for fiscal year 2020, 
     to remain available until expended--
       (1) $50,000,000 to provide technical assistance grants 
     under such section 7(m); and
       (2) $7,000,000 to provide direct loans under such section 
     7(m).

     SEC. 606. MAXIMUM LOAN AMOUNT FOR 504 LOANS.

       (a) Permanent Increase for Small Manufacturers.--Section 
     502(2)(A)(iii) of the Small Business Investment Act of 1958 
     (15 U.S.C. 696(2)(A)(iii)) is amended by striking 
     ``$5,500,000'' and inserting ``$6,500,000''.
       (b) Low-interest Refinancing Under the Local Development 
     Business Loan Program.--
       (1) Repeal.--Section 521(a) of title V of division E of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113; 
     129 Stat. 2463; 15 U.S.C. 696 note) is repealed.
       (2) Refinancing.--Section 502(7) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 696(7)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Refinancing not involving expansions.--
       ``(i) Definitions.--In this subparagraph--

       ``(I) the term `borrower' means a small business concern 
     that submits an application to a development company for 
     financing under this subparagraph;
       ``(II) the term `eligible fixed asset' means tangible 
     property relating to which the Administrator may provide 
     financing under this section; and
       ``(III) the term `qualified debt' means indebtedness that--

       ``(aa) was incurred not less than 6 months before the date 
     of the application for assistance under this subparagraph;
       ``(bb) is a commercial loan;
       ``(cc) the proceeds of which were used to acquire an 
     eligible fixed asset;
       ``(dd) was incurred for the benefit of the small business 
     concern; and
       ``(ee) is collateralized by eligible fixed assets; and
       ``(ii) Authority.--A project that does not involve the 
     expansion of a small business concern may include the 
     refinancing of qualified debt if--

       ``(I) the amount of the financing is not more than 90 
     percent of the value of the collateral for the financing, 
     except that, if the appraised value of the eligible fixed 
     assets serving as collateral for the financing is less than 
     the amount equal to 125 percent of the amount of the 
     financing, the borrower may provide additional cash or other 
     collateral to eliminate any deficiency;
       ``(II) the borrower has been in operation for all of the 2-
     year period ending on the date the loan application is 
     submitted; and
       ``(III) for a financing for which the Administrator 
     determines there will be an additional cost attributable to 
     the refinancing of the qualified debt, the borrower agrees to 
     pay a fee in an amount equal to the anticipated additional 
     cost.

       ``(iii) Financing for business expenses.--

       ``(I) Financing for business expenses.--The Administrator 
     may provide financing to a borrower that receives financing 
     that includes a refinancing of qualified debt under clause 
     (ii), in addition to the refinancing under clause (ii), to be 
     used solely for the payment of business expenses.
       ``(II) Application for financing.--An application for 
     financing under subclause (I) shall include--

       ``(aa) a specific description of the expenses for which the 
     additional financing is requested; and
       ``(bb) an itemization of the amount of each expense.

       ``(III) Condition on additional financing.--A borrower may 
     not use any part of the financing under this clause for non-
     business purposes.

       ``(iv) Loans based on jobs.--

       ``(I) Job creation and retention goals.--

       ``(aa) In general.--The Administrator may provide financing 
     under this subparagraph for a borrower that meets the job 
     creation goals under subsection (d) or (e) of section 501.
       ``(bb) Alternate job retention goal.--The Administrator may 
     provide financing under this subparagraph to a borrower that 
     does not meet the goals described in item (aa) in an amount 
     that is not more than the product obtained by multiplying the 
     number of employees of the borrower by $75,000.

       ``(II) Number of employees.--For purposes of subclause (I), 
     the number of employees of a borrower is equal to the sum 
     of--

       ``(aa) the number of full- time employees of the borrower 
     on the date on which the borrower applies for a loan under 
     this subparagraph; and
       ``(bb) the product obtained by multiplying--
       ``(AA) the number of part-time employees of the borrower on 
     the date on which the borrower applies for a loan under this 
     subparagraph, by
       ``(BB) the quotient obtained by dividing the average number 
     of hours each part time employee of the borrower works each 
     week by 40.
       ``(vi) Total amount of loans.--The Administrator may 
     provide not more than a total of $7,500,000,000 of financing 
     under this subparagraph for each fiscal year.''.
       (c) Refinancing Senior Project Debt.--During the 1-year 
     period beginning on the date of the enactment of this Act, a 
     development company described under title V of the Small 
     Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is 
     authorized to allow the refinancing of a senior loan on an 
     existing project in an amount that, when combined with the 
     outstanding balance on the development company loan, is not 
     more than 90 percent of the total value of the senior loan. 
     Proceeds of such refinancing can be used to support business 
     operating expenses of such development company.

     SEC. 607. TEMPORARY FEE REDUCTIONS.

       (a) Administrative Fee Waiver.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021, and 
     to the extent that the cost of such elimination or reduction 
     of fees is offset by appropriations, with respect to each 
     loan guaranteed under section 7(a) of the Small Business Act 
     (15 U.S.C. 636(a)) (including a recipient of assistance under 
     the Community Advantage Pilot Program of the Administration) 
     for which an application is approved or pending approval on 
     or after the date of enactment of this Act, the Administrator 
     shall--
       (A) in lieu of the fee otherwise applicable under section 
     7(a)(23)(A) of the Small Business Act (15 U.S.C. 
     636(a)(23)(A)), collect no fee or reduce fees to the maximum 
     extent possible; and
       (B) in lieu of the fee otherwise applicable under section 
     7(a)(18)(A) of the Small Business Act (15 U.S.C. 
     636(a)(18)(A)), collect no fee or reduce fees to the maximum 
     extent possible.
       (2) Application of fee eliminations or reductions.--To the 
     extent that amounts are made available to the Administrator 
     for the purpose of fee eliminations or reductions under 
     paragraph (1), the Administrator shall--
       (A) first use any amounts provided to eliminate or reduce 
     fees paid by small business borrowers under clauses (i) 
     through (iii) of section 7(a)(18)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(18)(A)), to the maximum extent 
     possible; and
       (B) then use any amounts provided to eliminate or reduce 
     fees under 7(a)(23)(A) of the Small Business Act (15 U.S.C. 
     636(a)(23)(A)).
       (c) Temporary Fee Elimination for the 504 Loan Program.--
       (1) In general.--During the period beginning on the date of 
     enactment of this section and ending on September 30, 2021, 
     and to the extent the cost of such elimination in fees is 
     offset by appropriations, with respect to each project or 
     loan guaranteed by the Administrator pursuant to title V of 
     the Small Business Investment Act of 1958 (15 U.S.C. 695 et 
     seq.) for which an application is approved or pending 
     approval on or after the date of enactment of this section--
       (A) the Administrator shall, in lieu of the fee otherwise 
     applicable under section 503(d)(2) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee; 
     and
       (B) a development company shall, in lieu of the processing 
     fee under section 120.971(a)(1) of title 13, Code of Federal 
     Regulations (relating to fees paid by borrowers), or any 
     successor thereto, collect no fee.
       (2) Reimbursement for waived fees.--
       (A) In general.--To the extent that the cost of such 
     payments is offset by appropriations, the Administrator shall 
     reimburse each development company that does not collect a 
     processing fee pursuant to paragraph (1)(B).
       (B) Amount.--The payment to a development company under 
     subparagraph (A) shall be in an amount equal to 1.5 percent 
     of the net debenture proceeds for which the development 
     company does not collect a processing fee pursuant to 
     paragraph (1)(B).

     SEC. 608. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.

       (a) In General.--The Administrator shall ensure that a 
     small business concern participating

[[Page H5278]]

     in the program established under section 8(a) of the Small 
     Business Act on or before March 13, 2020, may elect to extend 
     such participation by a period of 1 year, regardless of 
     whether such concern previously elected to suspend 
     participation in such program pursuant to guidance of the 
     Administrator.
       (b) Emergency Rulemaking Authority.--Not later than 15 days 
     after the date of enactment of this section, the 
     Administrator shall issue regulations to carry out this 
     section without regard to the notice requirements under 
     section 553(b) of title 5, United States Code.

     SEC. 609. REPORT ON MINORITY, WOMEN, AND RURAL LENDING.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator shall submit to the Committee on 
     Small Business of the House of Representatives and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate a report to determine and quantify the extent to which 
     the programs established under subsections (a) and (m) of 
     section 7 of the Small Business Act, titles III and V of the 
     Small Business Investment Act of 1958, and the Community 
     Advantage Pilot Program of the Small Business Administration 
     have assisted in the establishment, development, and 
     performance of small business concerns owned and controlled 
     by socially and economically disadvantaged individuals (as 
     defined in section 8(d)(3)(C) of the Small Business Act), 
     small business concerns owned and controlled by women (as 
     defined in section 3 of such Act), and rural small 
     businesses, including recommendations to improve such access 
     to capital programs.

     SEC. 610. COMPREHENSIVE PROGRAM GUIDANCE.

       Not later than 7 days after the date of the enactment of 
     this Act, the Administrator shall--
       (1) establish a process for accepting applications for loan 
     forgiveness under section 1106 of the CARES Act (15 U.S.C. 
     9005);
       (2) issue a comprehensive compilation of rules and guidance 
     issued related to covered loans made under section 7(a)(36) 
     of the Small Business Act (15 U.S.C. 636(a)(36)); and
       (3) before accepting applications for supplemental covered 
     loans under clause (ii) of section 7(a)(36)(B) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(B)), as added by section 
     202 of this division, the Administrator shall issue 
     comprehensive rules and guidance to ensure that borrowers and 
     lenders are aware of eligibility and terms of receiving a 
     supplemental covered loan and the process for forgiveness of 
     a supplemental covered loan.

     SEC. 611. REPORTS ON PAYCHECK PROTECTION PROGRAM.

       (a) Report to Congress.--Within 30 days after the date of 
     the enactment of this Act, and every 30 days thereafter until 
     the end of the covered period described under section 
     7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), 
     the Secretary of the Treasury and the Administrator shall 
     submit to the Committee on Small Business of the House of 
     Representatives and the Committee on Small Business and 
     Entrepreneurship of the Senate a report, in a searchable 
     digital format, that includes, with respect to each covered 
     loan made under such section 7(a)(36)--
       (1) the business name, address, and ZIP Code of each 
     recipient of the covered loan;
       (2) the North American Industry Classification System code 
     and the type of entity of each such recipient;
       (3) demographic data of each such recipient;
       (4) the number of jobs supported by the covered loan;
       (5) loan forgiveness data; and
       (6) the amount and origination date of the covered loan.
       (b) Publicly Available Report.--
       (1) Larger covered loans.--Within 30 days after the date of 
     the enactment of this Act, and every 30 days thereafter until 
     the end of the covered period described under section 
     7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), 
     for covered loans made under such section 7(a)(36) in an 
     amount greater than or equal to $150,000, the Secretary of 
     the Treasury and the Administrator shall make publicly 
     available--
       (A) the information described under paragraphs (1) through 
     (4) of subsection (a); and
       (B) the loan size range, of those listed below, that the 
     covered loan belongs--
       (i) greater than or equal to $150,000 and less than 
     $350,000;
       (ii) greater than or equal to $350,000 and less than 
     $1,000,000;
       (iii) greater than or equal to $1,000,000 and less than 
     $2,000,000;
       (iv) greater than or equal to $2,000,000 and less than 
     $5,000,000; and
       (v) greater than or equal to $5,000,000 and less than 
     $10,000,000.
       (2) Smaller covered loans.--Within 30 days after the date 
     of the enactment of this Act, and every 30 days thereafter 
     until the end of the covered period described under section 
     7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), 
     for covered loans made under such section 7(a)(36) in an 
     amount less than $150,000, the Secretary of the Treasury and 
     the Administrator shall make publicly available the total 
     number of covered loans made and the amount of each covered 
     loan, disaggregated by ZIP Code of each recipient, industry 
     of each recipient, business type of each recipient, and 
     demographic categories of each recipient.
       (3) Publication.--Information provided under paragraphs (1) 
     and (2) shall be made publicly available in a searchable 
     digital format on websites of the Department of the Treasury 
     and the Small Business Administration.

     SEC. 612. PROHIBITING CONFLICTS OF INTEREST FOR SMALL 
                   BUSINESS PROGRAMS UNDER THE CARES ACT.

       Section 4019 of the CARES Act (15 U.S.C. 9054) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(7) Small business assistance.--The term `small business 
     assistance' means assistance provided under--
       ``(A) section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36));
       ``(B) subsection (b) or (c) of section 1103 of this Act;
       ``(C) section 1110 of this Act; or
       ``(D) section 1112 of this Act.'';
       (2) in subsection (b)--
       (A) by inserting ``or provisions relating to small business 
     assistance'' after ``this subtitle''; and
       (B) by inserting ``or for any small business assistance'' 
     before the period at the end; and
       (3) in subsection (c)--
       (A) by inserting ``or seeking any small business 
     assistance'' after ``section 4003'';
       (B) by inserting ``or small business assistance'' after 
     ``that transaction'';
       (C) by inserting ``or the Administrator of the Small 
     Business Administration, as applicable,'' after ``Federal 
     Reserve System''; and
       (D) by inserting ``or to receive the small business 
     assistance'' after ``in that transaction''.

     SEC. 613. INCLUSION OF SCORE AND VETERAN BUSINESS OUTREACH 
                   CENTERS IN ENTREPRENEURIAL DEVELOPMENT 
                   PROGRAMS.

       (a) In General.--Section 1103(a)(2) of the CARES Act (15 
     U.S.C. 9002(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following new subparagraphs:
       ``(C) a Veteran Business Outreach Center (as described 
     under section 32(d) of the Small Business Act); and
       ``(D) the Service Corps of Retired Executives Association, 
     or any successor or other organization, that receives a grant 
     from the Administrator to operate the SCORE program 
     established under section 8(b)(2)(A) of the Small Business 
     Act;''.
       (b) Funding.--Section 1107(a)(4) of the CARES Act (15 
     U.S.C. 9006(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``$240,000,000'' and inserting 
     ``$220,000,000'';
       (B) by striking ``and'' at the end; and
       (2) by adding at the end the following new subparagraphs:
       ``(C) $10,000,000 shall be for a Veteran Business Outreach 
     Center described in section 1103(a)(2)(C) of this Act to 
     carry out activities under such section; and
       ``(D) $10,000,000 shall be for the Service Corps of Retired 
     Executives Association described in section 1103(a)(2)(D) of 
     this Act to carry out activities under such section;''.

     SEC. 614. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL 
                   BUSINESS DEVELOPMENT CENTERS.

       Section 1103(b)(3)(A) of the CARES Act (15 U.S.C. 
     9002(b)(3)(A)) is amended by adding at the end the following 
     new sentence: ``Funds awarded under this paragraph shall be 
     in addition to any amounts appropriated for grants under 
     section 21(a) of the Small Business Act, and may be used to 
     complement and support those appropriated program grants to 
     assist small business concerns, with prioritization of such 
     concerns affected directly or indirectly by COVID-19 as 
     described in paragraph (2).''.

     SEC. 615. FUNDING FOR THE OFFICE OF INSPECTOR GENERAL OF THE 
                   SMALL BUSINESS ADMINISTRATION.

       Section 1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3)) 
     is amended by striking ``September 30, 2024'' and inserting 
     ``expended''.

     SEC. 616. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT 
                   UNDER THE WOMEN'S BUSINESS CENTER PROGRAM.

       Section 1105 of the CARES Act (15 U.S.C. 9004) is amended 
     by striking ``During the 3-month period beginning on the date 
     of enactment of this Act,'' and inserting ``Until December 
     31, 2020,''.

     SEC. 617. ACCESS TO SMALL BUSINESS ADMINISTRATION INFORMATION 
                   AND DATABASES.

       Section 19010 of Division B of the CARES Act (Public Law 
     116-136) is amended by--
       (1) redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Small Business Administration Databases.--
       ``(1) In general.--In conducting monitoring and oversight 
     under this section, the Comptroller General, upon notice to 
     the Administrator of the Small Business Administration, shall 
     have direct access to all information collected or produced 
     in connection with the administration of programs or 
     provision of assistance carried out by the Administrator, 
     including direct access to any information technology systems 
     maintained or utilized by the Administrator to collect, 
     process, or analyze documents or information submitted by 
     borrowers, lenders, or others in connection with any such 
     program or provision of assistance. In this subsection, the 
     term `direct access' means secured access to the information 
     technology systems maintained by the Administrator that would 
     enable the Comptroller General to independently access, view, 
     download, and retrieve data from such systems.
       ``(2) Information technology systems.--The Administrator of 
     the Small Business Administration shall appropriately 
     identify and classify any sensitive information contained in 
     an information technology system accessed by the Comptroller 
     General.''.

     SEC. 618. SMALL BUSINESS LOCAL RELIEF PROGRAM.

       (a) Establishment.--There is established in the Department 
     of the Treasury a Small Business Local Relief Program to 
     allocate resources to States, units of general local 
     government, and Indian Tribes to provide assistance to 
     eligible

[[Page H5279]]

     entities and organizations that assist eligible entities.
       (b) Funding.--
       (1) Funding to states, localities, and indian tribes.--
       (A) In general.--The Secretary of the Treasury shall 
     allocate--
       (i) $10,250,000,000 to States and units of general local 
     government in accordance with subparagraph (B)(i);
       (ii) $4,250,000,000 to States in accordance with 
     subparagraph (B)(ii); and
       (iii) $500,000,000 to the Secretary of Housing and Urban 
     Development for allocations to Indian Tribes in accordance 
     with subparagraph (B)(iii).
       (B) Allocations.--
       (i) Formula for states and units of general local 
     government.--Of the amount described under subparagraph 
     (A)(i)--

       (I) 70 percent shall be allocated to entitlement 
     communities in accordance with the formula under section 
     106(b) of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5306(b)); and
       (II) 30 percent shall be allocated to States, for use in 
     nonentitlement areas, in accordance with the formula under 
     section 106(d)(1) of such Act (42 U.S.C. 5306(d)(1)).

       (ii) Rural bonus formula for states.--The Secretary shall 
     allocate the amount described under subparagraph (A)(ii) to 
     States, for use in nonentitlement areas, in accordance with 
     the formula under section 106(d)(1) of such Act (42 U.S.C. 
     5306(d)(1)).
       (iii) Competitive awards to indian tribes.--

       (I) In general.--The Secretary of Housing and Urban 
     Development shall allocate to Indian Tribes on a competitive 
     basis the amount described under subparagraph (A)(iii).
       (II) Requirements.--In making allocations under subclause 
     (I), the Secretary of Housing and Urban Development shall, to 
     the greatest extent practicable, ensure that each Indian 
     Tribe that satisfies requirements established by the 
     Secretary of Housing and Urban Development receives such an 
     allocation.

       (C) State allocations for nonentitlement areas.--
       (i) Equitable allocation.--To the greatest extent 
     practicable, a State shall allocate amounts for 
     nonentitlement areas under clauses (i)(II) and (ii) of 
     subparagraph (B) on an equitable basis.
       (ii) Distribution of amounts.--

       (I) Discretion.--Not later than 14 days after the date on 
     which a State receives amounts for use in a nonentitlement 
     area under clause (i)(II) or (ii) of subparagraph (B), the 
     State shall--

       (aa) distribute the amounts, or a portion thereof, to a 
     unit of general local government located in the 
     nonentitlement area or an entity designated thereby, that has 
     established or will establish a small business emergency 
     fund, for use under paragraph (2); or
       (bb) elect to reserve the amounts, or a portion thereof, 
     for use by the State under paragraph (2) for the benefit of 
     eligible entities located in the nonentitlement area.

       (II) Sense of congress.--It is the sense of Congress that, 
     in distributing amounts under subclause (I), in the case of 
     amounts allocated for a nonentitlement area in which a unit 
     of general local government or an entity designated thereby 
     has established a small business emergency fund, a State 
     should, as quickly as is practicable, distribute amounts to 
     that unit of general local government or entity, 
     respectively, as described in item (aa) of such subclause.

       (iii) Treatment of states not acting as pass-through agents 
     under cdbg.--The Secretary shall allocate amounts to a State 
     under this paragraph without regard to whether the State has 
     elected to distribute amounts allocated under section 
     106(d)(1) of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5306(d)(1)).
       (2) Use of funds.--
       (A) In general.--A State, unit of general local government, 
     or Indian Tribe that receives an allocation under paragraph 
     (1), or an entity designated by a unit of general local 
     government under paragraph (1)(C)(ii)(I)(aa), whether 
     directly or indirectly, may use such allocation, not later 
     than 60 days after receipt of such allocation--
       (i) to provide funding to a small business emergency fund 
     established by that State (or entity designated thereby), 
     that unit of general local government (or entity designated 
     thereby), that entity designated by a unit of general local 
     government, or that Indian Tribe (or entity designated 
     thereby), respectively;
       (ii) to provide funding to support organizations that 
     provide technical assistance to eligible entities; or
       (iii) subject to subparagraph (B), to pay for 
     administrative costs incurred by that State (or entity 
     designated thereby), that unit of general local government 
     (or entity designated thereby), that entity designated by a 
     unit of general local government, or that Indian Tribe (or 
     entity designated thereby), respectively, in establishing and 
     administering a small business emergency fund.
       (B) Limitation.--A State, unit of general local government, 
     or Indian Tribe, or an entity designated by a unit of general 
     local government under paragraph (1)(C)(ii)(I)(aa), may not 
     use more than 3 percent of an allocation received under 
     paragraph (1) for a purpose described in subparagraph 
     (A)(iii) of this paragraph.
       (C) Obligation deadlines.--
       (i) States.--Of the amounts that a State elects under 
     paragraph (1)(C)(ii)(I)(bb) to reserve for use by the State 
     under this paragraph--

       (I) any amounts that the State provides to a small business 
     emergency fund under subparagraph (A)(i) of this paragraph 
     shall be obligated by the small business emergency fund for 
     expenditure not later than 74 days after the date on which 
     the State received the amounts from the Secretary under 
     clause (i) or (ii) of paragraph (1)(A); and
       (II) any amounts that the State chooses to provide to an 
     organization under subparagraph (A)(ii) of this paragraph, or 
     to use to pay for administrative costs under subparagraph 
     (A)(iii) of this paragraph, shall be obligated by the State 
     for expenditure not later than 74 days after the date on 
     which the State received the amounts from the Secretary under 
     clause (i) or (ii) of paragraph (1)(A).

       (ii) Entitlement communities.--Of the amounts that an 
     entitlement community receives from the Secretary under 
     paragraph (1)(B)(i)(I)--

       (I) any amounts that the entitlement community provides to 
     a small business emergency fund under subparagraph (A)(i) of 
     this paragraph shall be obligated by the small business 
     emergency fund for expenditure not later than 74 days after 
     the date on which the entitlement community received the 
     amounts; and
       (II) any amounts that the entitlement community chooses to 
     provide to an organization under subparagraph (A)(ii) of this 
     paragraph, or to use to pay for administrative costs under 
     subparagraph (A)(iii) of this paragraph, shall be obligated 
     by the entitlement community for expenditure not later than 
     74 days after the date on which the entitlement community 
     received the amounts.

       (iii) Nonentitlement communities.--Of the amounts that a 
     unit of general local government, or an entity designated 
     thereby, located in a nonentitlement area receives from a 
     State under paragraph (1)(C)(ii)(I)(aa)--

       (I) any amounts that the unit of general local government 
     or entity provides to a small business emergency fund under 
     subparagraph (A)(i) of this paragraph shall be obligated by 
     the small business emergency fund for expenditure not later 
     than 60 days after the date on which the unit of general 
     local government or entity received the amounts; and
       (II) any amounts that the unit of general local government 
     or entity chooses to provide to a support organization under 
     subparagraph (A)(ii) of this paragraph or to use to pay for 
     administrative costs under subparagraph (A)(iii) of this 
     paragraph shall be obligated by the unit of general local 
     government or entity for expenditure not later than 60 days 
     after the date on which the unit of general local government 
     or entity received the amounts.

       (D) Recovery of unobligated funds.--If a State, entitlement 
     community, other unit of general local government, entity 
     designated by a unit of general local government under 
     paragraph (1)(C)(ii)(I)(aa), or small business emergency fund 
     fails to obligate amounts by the applicable deadline under 
     subparagraph (C), the Secretary shall recover the amount of 
     those amounts that remain unobligated, as of that deadline.
       (E) Collaboration.--It is the sense of Congress that--
       (i) an entitlement community that receives amounts 
     allocated under paragraph (1)(B)(i)(I) should collaborate 
     with the applicable local entity responsible for economic 
     development and small business development in establishing 
     and administering a small business emergency fund; and
       (ii) States, units of general local government, and Indian 
     Tribes that receive amounts under paragraph (1) and are 
     located in the same region should collaborate in establishing 
     and administering one or more small business emergency funds.
       (c) Small Business Emergency Funds.--With respect to a 
     small business emergency fund that receives funds from an 
     allocation made under subsection (b)--
       (1) if the small business emergency fund makes a loan to an 
     eligible entity with those funds, the small business 
     emergency fund may use amounts returned to the small business 
     emergency fund from the repayment of the loan to provide 
     further assistance to eligible entities without regard to the 
     termination date described in subsection (g); and
       (2) the small business emergency fund shall conduct 
     outreach to eligible entities that are less likely to 
     participate in programs established under the CARES Act 
     (Public Law 116-136; 134 Stat. 281) and the amendments made 
     by that Act, including minority-owned entities, businesses in 
     low-income communities, businesses in rural and Tribal areas, 
     and other businesses that are underserved by the traditional 
     banking system.
       (d) Information Gathering.--
       (1) In general.--When providing assistance to an eligible 
     entity with funds received from an allocation made under 
     subsection (b), the State, unit of general local government, 
     or Indian Tribe, or the entity designated by a State, unit of 
     general local government, or Indian Tribe, that provides 
     assistance through a small business emergency fund shall--
       (A) inquire whether the eligible entity is--
       (i) in the case of an eligible entity that is a business 
     entity or a nonprofit organization, a women-owned entity or a 
     minority-owned entity; and
       (ii) in the case of an eligible entity who is an 
     individual, a woman or a minority; and
       (B) maintain a record of the responses to each inquiry 
     conducted under subparagraph (A), which the entity shall 
     promptly submit to the applicable State, unit of general 
     local government, or Indian Tribe.
       (2) Right to refuse.--An eligible entity may refuse to 
     provide any information requested under paragraph (1)(A).
       (e) Reporting.--
       (1) In general.--Not later than 30 days after the date on 
     which a State, unit of general local government, or Indian 
     Tribe initially receives an allocation made under subsection 
     (b), and not

[[Page H5280]]

     later than 14 days after the date on which that State, unit 
     of local government, or Indian Tribe completes the full 
     expenditure of that allocation, that State, unit of general 
     local government, or Indian Tribe shall submit to the 
     Secretary a report that includes--
       (A) the number of recipients of assistance made available 
     from the allocation;
       (B) the total amount, and type, of assistance made 
     available from the allocation;
       (C) to the extent applicable, with respect to each 
     recipient described in subparagraph (A), information 
     regarding the industry of the recipient, the amount of 
     assistance received by the recipient, the annual sales of the 
     recipient, and the number of employees of the recipient;
       (D) to the extent available from information collected 
     under subsection (d), information regarding the number of 
     recipients described in subparagraph (A) that are minority-
     owned entities, minorities, women, and women-owned entities;
       (E) the ZIP Code of each recipient described in 
     subparagraph (A); and
       (F) any other information that the Secretary, in the sole 
     discretion of the Secretary, determines to be necessary to 
     carry out the Program.
       (2) Public availability.--As soon as is practicable after 
     receiving each report submitted under paragraph (1), the 
     Secretary shall make all information contained in the report 
     publicly available.
       (f) Rules and Guidance.--The Secretary, in consultation 
     with the Administrator, shall issue any rules and guidance 
     that are necessary to carry out the Program, including by 
     establishing appropriate compliance and reporting 
     requirements in addition to the reporting requirements under 
     subsection (e).
       (g) Termination.--The Program, and any rules and guidance 
     issued under subsection (f) with respect to the Program, 
     shall terminate on the date that is 1 year after the date of 
     enactment of this Act.
       (h) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Eligible entity.--The term ``eligible entity''--
       (A) means a business concern or a nonprofit organization 
     (as defined in section 7(a)(36)(A)(vii) that--
       (i) employs--

       (I) not more than 20 full-time equivalent employees; or
       (II) if the entity or organization is located in a low-
     income community, not more than 50 full-time equivalent 
     employees;

       (ii) has experienced a loss of revenue as a result of the 
     COVID-19 pandemic, according to criteria established by the 
     Secretary; and
       (iii) with respect to such an entity or organization that 
     receives assistance from a small business emergency fund, 
     satisfies additional requirements, as determined by the 
     State, unit of general local government, Indian Tribe, or 
     other entity that has established the small business 
     emergency fund; and
       (B) includes an individual who operates under a sole 
     proprietorship, an individual who operates as an independent 
     contractor, and an eligible self-employed individual if such 
     an individual has experienced a loss of revenue as a result 
     of the COVID-19 pandemic, according to criteria established 
     by the Secretary.
       (3) Eligible self-employed individual.--The term ``eligible 
     self-employed individual'' has the meaning given the term in 
     section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 
     636(a)(36)(A)).
       (4) Entitlement community.--The term ``entitlement 
     community'' means a metropolitan city or urban county, as 
     those terms are defined in section 102 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5302).
       (5) Full-time equivalent employees.--
       (A) In general.--The term ``full-time equivalent 
     employees'' means a number of employees equal to the number 
     determined by dividing--
       (i) the total number of hours of service for which wages 
     were paid by the employer to employees during the taxable 
     year, by
       (ii) 2,080.
       (B) Rounding.--The number determined under subparagraph (A) 
     shall be rounded to the next lowest whole number if not 
     otherwise a whole number.
       (C) Excess hours not counted.--If an employee works in 
     excess of 2,080 hours of service during any taxable year, 
     such excess shall not be taken into account under 
     subparagraph (A).
       (D) Hours of service.--The Secretary, in consultation with 
     the Secretary of Labor, shall prescribe such regulations, 
     rules, and guidance as may be necessary to determine the 
     hours of service of an employee, including rules for the 
     application of this paragraph to employees who are not 
     compensated on an hourly basis.
       (6) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 102 of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5302).
       (7) Low-income community.--The term ``low-income 
     community'' has the meaning given the term in section 45D(e) 
     of the Internal Revenue Code of 1986.
       (8) Minority.--The term ``minority'' has the meaning given 
     the term in section 1204(c)(3) of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 
     note).
       (9) Minority-owned entity.--The term ``minority-owned 
     entity'' means an entity--
       (A) more than 50 percent of the ownership or control of 
     which is held by not less than 1 minority; and
       (B) more than 50 percent of the net profit or loss of which 
     accrues to not less than 1 minority.
       (10) Nonentitlement area; state; unit of general local 
     government.--
       (A) In general.--Except as provided in subparagraph (B), 
     the terms ``nonentitlement area'', ``State'', and ``unit of 
     general local government'' have the meanings given those 
     terms in section 102 of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5302).
       (B) State.--For purposes of subparagraphs (A)(ii) and 
     (B)(ii) of subsection (b)(1), the term ``State'' means any 
     State of the United States.
       (11) Program.--The term ``Program'' means the Small 
     Business Local Relief Program established under this section.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (13) Small business emergency fund.--The term ``small 
     business emergency fund'' means a fund or program--
       (A) established by a State, a unit of general local 
     government, an Indian Tribe, or an entity designated by a 
     State, unit of general local government, or Indian Tribe; and
       (B) that provides or administers financing to eligible 
     entities in the form of grants, loans, or other means in 
     accordance with the needs of eligible entities and the 
     capacity of the fund or program.
       (14) Women-owned entity.--The term ``women-owned entity'' 
     means an entity--
       (A) more than 50 percent of the ownership or control of 
     which is held by not less than 1 woman; and
       (B) more than 50 percent of the net profit or loss of which 
     accrues to not less than 1 woman.

     SEC. 619. GRANTS FOR INDEPENDENT LIVE VENUE OPERATORS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Eligible operator, promoter, producer, or talent 
     representative.--
       (A) In general.--The term ``eligible operator, promoter, 
     producer, or talent representative'' means a live venue 
     operator or producer or promoter or a talent representative 
     that meets the following requirements:
       (i) The live venue operator or producer or promoter or the 
     talent representative was fully operational as a live venue 
     operator or producer or promoter or talent representative on 
     February 29, 2020.
       (ii) As of the date of the grant under this section--

       (I) the live venue operator or producer or promoter is 
     organizing, promoting, producing, managing, or hosting future 
     events described in paragraph (4)(A)(i); or
       (II) the talent representative is representing or managing 
     artists and entertainers.

       (iii) The venues at which the live venue operator or 
     producer or promoter promotes, produces, manages, or hosts 
     events described in paragraph (4)(A)(i) or the artists and 
     entertainers represented or managed by the talent 
     representative perform have the following characteristics:

       (I) A defined performance and audience space.
       (II) Mixing equipment, a public address system, and a 
     lighting rig.
       (III) Engages 1 or more individuals to carry out not less 
     than 2 of the following roles:

       (aa) A sound engineer.
       (bb) A booker.
       (cc) A promoter.
       (dd) A stage manager.
       (ee) Security personnel.
       (ff) A box office manager.

       (IV) There is a paid ticket or cover charge to attend most 
     performances and artists are paid fairly and do not play for 
     free or solely for tips, except for legitimate fundraisers or 
     similar charitable events.
       (V) For a venue owned or operated by a nonprofit entity 
     that produces free events, the events are produced and 
     managed by paid employees, not by volunteers.
       (VI) Performances are marketed through listings in printed 
     or electronic publications, on websites, by mass email, or on 
     social media.

       (iv) The live venue operator or producer or promoter or the 
     talent representative does not have, or is not majority owned 
     or controlled by an entity with, more than 1 of the following 
     characteristics:

       (I) Being an issuer, the securities of which are listed on 
     a national securities exchange.
       (II) Owning or operating venues or talent agencies or 
     talent management companies with offices in more than 1 
     country.
       (III) Owning or operating venues in more than 10 States.
       (IV) Employing more than 500 employees, determined on a 
     full-time equivalent basis in accordance with subparagraph 
     (B).
       (V) Receiving more than 10 percent of gross revenue from 
     Federal funding.

       (B) Calculation of full-time employees.--For purposes of 
     determining the number of full-time equivalent employees 
     under subparagraph (A)(iv)(IV)--
       (i) any employee working not fewer than 30 hours per week 
     shall be considered a full-time employee; and
       (ii) any employee working not fewer than 10 hours and fewer 
     than 30 hours per week shall be counted as one-half of a 
     full-time employee.
       (3) Exchange; issuer; security.--The terms ``exchange'', 
     ``issuer'', and ``security'' have the meanings given such 
     terms in section 3(a) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)).
       (4) Live venue operator or producer or promoter.--The term 
     ``live venue operator or producer or promoter''--
       (A) means--
       (i) an individual or entity--

       (I) that organizes, promotes, sells tickets, produces, 
     manages, or hosts live concerts, comedy shows, theatrical 
     productions, or other events by performing artists and 
     applies cover charge through ticketing or front door entrance 
     fee; and
       (II) not less than 70 percent of the revenue of which is 
     generated through cover charges or

[[Page H5281]]

     ticket sales and the sale of beverages, food, or merchandise 
     during such live events; or

       (ii) as a principle business activity, makes tickets to 
     events described in clause (i)(I) available for purchase by 
     the public an average of not less than 60 days before the 
     date of the event and pays performers in an event described 
     in clause (i)(I) in an amount that is based on a percentage 
     of sales, guarantee (in writing or standard contract), or 
     another mutually beneficial formal agreement; and
       (B) includes an individual or entity described in 
     subparagraph (A) that--
       (i) operates for profit or as a nonprofit;
       (ii) is government-owned; or
       (iii) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship.
       (5) National securities exchange.--The term ``national 
     securities exchange'' means an exchange registered as a 
     national securities exchange under section 6 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78f).
       (6) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (7) Talent representative.--The term ``talent 
     representative''--
       (A) means an agent or manager that--
       (i) as not less than 70 percent of the operations of the 
     agent or manager, is engaged in representing or managing 
     artists and entertainers;
       (ii) books musicians, comedians, actors, or similar 
     performing artists primarily in independent venues or at 
     festivals; and
       (iii) represents performers described in clause (ii) that 
     are paid in an amount that is based on the number of tickets 
     sold, or a similar basis; and
       (B) includes an agent or manager described in subparagraph 
     (A) that--
       (i) operates for profit or as a nonprofit;
       (ii) is government-owned; or
       (iii) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship.
       (b) Authority.--
       (1) Initial grants.--The Administrator may make initial 
     grants to eligible operators, promoters, and talent 
     representatives in accordance with this section.
       (2) Supplemental grants.--The Administrator may make a 
     supplemental grant in accordance with this section to an 
     eligible operator, promoter, producer, or talent 
     representative that receives a grant under paragraph (1) if, 
     as of December 1, 2020, the revenues of the eligible 
     operator, promoter, producer, or talent representative for 
     the most recent calendar quarter are not more than 20 percent 
     of the revenues of the eligible operator, promoter, producer, 
     or talent representative for the corresponding calendar 
     quarter during 2019 due to the COVID-19 pandemic.
       (3) Certification.--An eligible operator, promoter, 
     producer, or talent representative applying for a grant under 
     this section that is an eligible business described in the 
     matter preceding subclause (I) of section 4003(c)(3)(D)(i) of 
     the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)), shall make a 
     good-faith certification described in subclauses (IX) and (X) 
     of such section.
       (c) Amount.--
       (1) Initial grants.--A grant under subsection (b)(1) shall 
     be in the amount equal to the lesser of--
       (A) the amount equal to 45 percent of the gross revenue of 
     the eligible operator, promoter, producer, or talent 
     representative during 2019;
       (B) for an eligible operator, promoter, producer, or talent 
     representative that began operations after January 1, 2019, 
     the amount equal to the product obtained by multiplying--
       (i) the average monthly gross revenue for each full month 
     during which the entity was in operation during 2019, by
       (ii) 6; or
       (C) $12,000,000.
       (2) Supplemental grants.--A grant under subsection (b)(2) 
     shall be in the amount equal to 50 percent of the grant 
     received by the eligible operator, promoter, producer, or 
     talent representative under subsection (b)(1).
       (d) Use of Funds.--
       (1) Timing.--
       (A) Expenses incurred.--
       (i) In general.--Except as provided in clause (ii), amounts 
     received under a grant under this section may be used for 
     costs incurred during the period beginning on March 1, 2020, 
     and ending on December 31, 2021.
       (ii) Extension for supplemental grants.--If an eligible 
     operator, promoter, producer, or talent representative 
     receives a grant under subsection (b)(2), amounts received 
     under either grant under this section may be used for costs 
     incurred during the period beginning on March 1, 2020, and 
     ending on June 30, 2022.
       (B) Expenditure.--
       (i) In general.--Except as provided in clause (ii), an 
     eligible operator, promoter, producer, or talent 
     representative shall return to the Administrator any amounts 
     received under a grant under this section that are not 
     expended on or before the date that is 1 year after the date 
     of disbursement of the grant.
       (ii) Extension for supplemental grants.--If an eligible 
     operator, promoter, producer, or talent representative 
     receives a grant under subsection (b)(2), the eligible 
     operator, promoter, producer, or talent representative shall 
     return to the Administrator any amounts received under either 
     grant under this section that are not expended on or before 
     the date that is 18 months after the date of disbursement to 
     the eligible operator, promoter, producer, or talent 
     representative of the grant under subsection (b)(1).
       (2) Allowable expenses.--An eligible operator, promoter, 
     producer, or talent representative may use amounts received 
     under a grant under this section for--
       (A) payroll costs for employees and furloughed employees, 
     including--
       (i) costs for continuation coverage provided pursuant to 
     part 6 of subtitle B of title I of the Employee Retirement 
     Income Security Act of 1974 (other than under section 609 of 
     such Act), title XXII of the Public Health Service Act, 
     section 4980B of the Internal Revenue Code of 1986 (other 
     than subsection (f)(1) of such section insofar as it relates 
     to pediatric vaccines), or section 8905a of title 5, United 
     States Code, or under a State program that provides 
     comparable continuation coverage, other than coverage under a 
     health flexible spending arrangement under a cafeteria plan 
     within the meaning of section 125 of the Internal Revenue 
     Code of 1986; or
       (ii) any other non-cash benefit;
       (B) rent;
       (C) utilities;
       (D) mortgage interest payments on existing mortgages as of 
     February 15, 2020;
       (E) scheduled interest payments on other scheduled debt as 
     of February 15, 2020;
       (F) costs related to personal protective equipment;
       (G) payments of principal on outstanding loans;
       (H) payments made to independent contractors, as reported 
     on Form-1099 MISC; and
       (I) other ordinary and necessary business expenses, 
     including--
       (i) settling existing debts owed to vendors;
       (ii) maintenance expenses;
       (iii) administrative costs;
       (iv) taxes;
       (v) operating leases;
       (vi) insurance;
       (vii) advertising, production transportation, and capital 
     expenditures related to producing a theatrical production, 
     concert, or comedy show; and
       (viii) any other capital expenditure or expense required 
     under any State, local, or Federal law or guideline related 
     to social distancing.
       (3) Prohibited expenses.--An eligible operator, promoter, 
     producer, or talent representative may not use amounts 
     received under a grant under this section--
       (A) to purchase real estate;
       (B) for payments of interest or principal on loans 
     originated after February 15, 2020;
       (C) to invest or re-lend funds;
       (D) for contributions or expenditures to, or on behalf of, 
     any political party, party committee, or candidate for 
     elective office; or
       (E) for any other use as may be prohibited by the 
     Administrator.

                     DIVISION F--REVENUE PROVISIONS

     SEC. 100. SHORT TITLE, ETC.

       (a) Short Title.--This division may be cited as the 
     ``COVID-19 Tax Relief Act of 2020''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 100. Short title, etc.

                       TITLE I--ECONOMIC STIMULUS

         Subtitle A--Additional Recovery Rebates to Individuals

Sec. 101. Additional recovery rebates to individuals.

                  Subtitle B--Earned Income Tax Credit

Sec. 111. Strengthening the earned income tax credit for individuals 
              with no qualifying children.
Sec. 112. Taxpayer eligible for childless earned income credit in case 
              of qualifying children who fail to meet certain 
              identification requirements.
Sec. 113. Credit allowed in case of certain separated spouses.
Sec. 114. Elimination of disqualified investment income test.
Sec. 115. Application of earned income tax credit in possessions of the 
              United States.
Sec. 116. Temporary special rule for determining earned income for 
              purposes of earned income tax credit.

                      Subtitle C--Child Tax Credit

Sec. 121. Child tax credit improvements for 2020.
Sec. 122. Application of child tax credit in possessions.

                 Subtitle D--Dependent Care Assistance

Sec. 131. Refundability and enhancement of child and dependent care tax 
              credit.
Sec. 132. Increase in exclusion for employer-provided dependent care 
              assistance.

           Subtitle E--Credits for Paid Sick and Family Leave

Sec. 141. Extension of credits.
Sec. 142. Repeal of reduced rate of credit for certain leave.
Sec. 143. Increase in limitations on credits for paid family leave.
Sec. 144. Election to use prior year net earnings from self-employment 
              in determining average daily self-employment income.
Sec. 145.  Federal, State, and local governments allowed tax credits 
              for paid sick and paid family and medical leave.
Sec. 146. Certain technical improvements.
Sec. 147. Credits not allowed to certain large employers.

             Subtitle F--Deduction of State and Local Taxes

Sec. 151. Elimination for 2020 limitation on deduction of State and 
              local taxes.

         TITLE II--PROVISIONS TO PREVENT BUSINESS INTERRUPTION

Sec. 201. Improvements to employee retention and rehiring credit.
Sec. 202. Certain loan forgiveness and other business financial 
              assistance under CARES Act not includible in gross 
              income.

[[Page H5282]]

Sec. 203. Clarification of treatment of expenses paid or incurred with 
              proceeds from certain grants and loans.

                    TITLE III--NET OPERATING LOSSES

Sec. 301. Limitation on excess business losses of non-corporate 
              taxpayers restored and made permanent.
Sec. 302. Certain taxpayers allowed carryback of net operating losses 
              arising in 2019 and 2020.

                       TITLE I--ECONOMIC STIMULUS

         Subtitle A--Additional Recovery Rebates to Individuals

     SEC. 101. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by inserting after section 
     6428 the following new section:

     ``SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS.

       ``(a) In General.--In the case of an eligible individual, 
     there shall be allowed as a credit against the tax imposed by 
     subtitle A for the first taxable year beginning in 2020 an 
     amount equal to the additional rebate amount determined for 
     such taxable year.
       ``(b) Additional Rebate Amount.--For purposes of this 
     section, the term `additional rebate amount' means, with 
     respect to any taxpayer for any taxable year, the sum of--
       ``(1) $1,200 ($2,400 in the case of a joint return), plus
       ``(2) $500 multiplied by the number of dependents of the 
     taxpayer for such taxable year.
       ``(c) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means any individual other 
     than--
       ``(1) any nonresident alien individual,
       ``(2) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which the individual's 
     taxable year begins, and
       ``(3) an estate or trust.
       ``(d) Limitation Based on Modified Adjusted Gross Income.--
     The amount of the credit allowed by subsection (a) 
     (determined without regard to this subsection and subsection 
     (f)) shall be reduced (but not below zero) by 5 percent of so 
     much of the taxpayer's modified adjusted gross income as 
     exceeds--
       ``(1) $150,000 in the case of a joint return or a surviving 
     spouse (as defined in section 2(a)),
       ``(2) $112,500 in the case of a head of household (as 
     defined in section 2(b)), and
       ``(3) $75,000 in any other case.
       ``(e) Definitions and Special Rules.--
       ``(1) Modified adjusted gross income.--For purposes of this 
     subsection (other than this paragraph), the term `modified 
     adjusted gross income' means adjusted gross income determined 
     without regard to sections 911, 931, and 933.
       ``(2) Dependent defined.--For purposes of this section, the 
     term `dependent' has the meaning given such term by section 
     152.
       ``(3) Credit treated as refundable.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(4) Identification number requirement.--
       ``(A) In general.--The $1,200 amount in subsection (b)(1) 
     shall be treated as being zero unless the taxpayer includes 
     the TIN of the taxpayer on the return of tax for the taxable 
     year.
       ``(B) Joint returns.--In the case of a joint return, the 
     $2,400 amount in subsection (b)(1) shall be treated as 
     being--
       ``(i) zero if the TIN of neither spouse is included on the 
     return of tax for the taxable year, and
       ``(ii) $1,200 if the TIN of only one spouse is so included.
       ``(C) Dependents.--A dependent shall not be taken into 
     account under subsection (b)(2) unless the TIN of such 
     dependent is included on the return of tax for the taxable 
     year.
       ``(D) Coordination with certain advance payments.--In the 
     case of any payment made pursuant to subsection 
     (g)(5)(A)(ii), a TIN shall be treated for purposes of this 
     paragraph as included on the taxpayer's return of tax if such 
     TIN is provided pursuant to such subsection.
       ``(f) Coordination With Advance Refunds of Credit.--
       ``(1) Reduction of refundable credit.--The amount of the 
     credit which would (but for this paragraph) be allowable 
     under subsection (a) shall be reduced (but not below zero) by 
     the aggregate refunds and credits made or allowed to the 
     taxpayer (or any dependent of the taxpayer) under subsection 
     (g). Any failure to so reduce the credit shall be treated as 
     arising out of a mathematical or clerical error and assessed 
     according to section 6213(b)(1).
       ``(2) Joint returns.--In the case of a refund or credit 
     made or allowed under subsection (g) with respect to a joint 
     return, half of such refund or credit shall be treated as 
     having been made or allowed to each individual filing such 
     return.
       ``(g) Advance Refunds and Credits.--
       ``(1) In general.--Subject to paragraph (5), each 
     individual who was an eligible individual for such 
     individual's first taxable year beginning in 2019 shall be 
     treated as having made a payment against the tax imposed by 
     chapter 1 for such taxable year in an amount equal to the 
     advance refund amount for such taxable year.
       ``(2) Advance refund amount.--For purposes of paragraph 
     (1), the advance refund amount is the amount that would have 
     been allowed as a credit under this section for such taxable 
     year if this section (other than subsection (f) and this 
     subsection) had applied to such taxable year.
       ``(3) Timing and manner of payments.--
       ``(A) Timing.--The Secretary shall, subject to the 
     provisions of this title, refund or credit any overpayment 
     attributable to this section as rapidly as possible. No 
     refund or credit shall be made or allowed under this 
     subsection after December 31, 2020.
       ``(B) Delivery of payments.--Notwithstanding any other 
     provision of law, the Secretary may certify and disburse 
     refunds payable under this subsection electronically to any 
     account to which the payee authorized, on or after January 1, 
     2018, the delivery of a refund of taxes under this title or 
     of a Federal payment (as defined in section 3332 of title 31, 
     United States Code).
       ``(C) Waiver of certain rules.--Notwithstanding section 
     3325 of title 31, United States Code, or any other provision 
     of law, with respect to any payment of a refund under this 
     subsection, a disbursing official in the executive branch of 
     the United States Government may modify payment information 
     received from an officer or employee described in section 
     3325(a)(1)(B) of such title for the purpose of facilitating 
     the accurate and efficient delivery of such payment. Except 
     in cases of fraud or reckless neglect, no liability under 
     sections 3325, 3527, 3528, or 3529 of title 31, United States 
     Code, shall be imposed with respect to payments made under 
     this subparagraph.
       ``(4) No interest.--No interest shall be allowed on any 
     overpayment attributable to this section.
       ``(5) Application to individuals who do not file a return 
     of tax for 2019.--
       ``(A) In general.--In the case of an individual who, at the 
     time of any determination made pursuant to paragraph (3), has 
     not filed a tax return for the year described in paragraph 
     (1), the Secretary shall--
       ``(i) apply paragraph (1) by substituting `2018' for 
     `2019', and
       ``(ii) in the case of a specified individual who has not 
     filed a tax return for such individual's first taxable year 
     beginning in 2018, determine the advance refund amount with 
     respect to such individual without regard to subsections (d) 
     and on the basis of information with respect to such 
     individual which is provided by--

       ``(I) in the case of a specified social security 
     beneficiary or a specified supplemental security income 
     recipient, the Commissioner of Social Security,
       ``(II) in the case of a specified railroad retirement 
     beneficiary, the Railroad Retirement Board, and
       ``(III) in the case of a specified veterans beneficiary, 
     the Secretary of Veterans Affairs (in coordination with, and 
     with the assistance of, the Commissioner of Social Security 
     if appropriate).

       ``(B) Specified individual.--For purposes of this 
     paragraph, the term `specified individual' means any 
     individual who is--
       ``(i) a specified social security beneficiary,
       ``(ii) a specified supplemental security income recipient,
       ``(iii) a specified railroad retirement beneficiary, or
       ``(iv) a specified veterans beneficiary.
       ``(C) Specified social security beneficiary.--For purposes 
     of this paragraph--
       ``(i) In general.--The term `specified social security 
     beneficiary' means any individual who, for the last month 
     that ends prior to the date of enactment of this section, is 
     entitled to any monthly insurance benefit payable under title 
     II of the Social Security Act (42 U.S.C. 401 et seq.), 
     including payments made pursuant to sections 202(d), 223(g), 
     and 223(i)(7) of such Act.
       ``(ii) Exception.--Such term shall not include any 
     individual if such benefit is not payable for such month by 
     reason of section 202(x) of the Social Security Act (42 
     U.S.C. 402(x)) or section 1129A of such Act (42 U.S.C. 1320a-
     8a).
       ``(D) Specified supplemental security income recipient.--
     For purposes of this paragraph--
       ``(i) In general.--The term `specified supplemental 
     security income recipient' means any individual who, for the 
     last month that ends prior to the date of enactment of this 
     section, is eligible for a monthly benefit payable under 
     title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) 
     (other than a benefit to an individual described in section 
     1611(e)(1)(B) of such Act (42 U.S.C. 1382(e)(1)(B)), 
     including--

       ``(I) payments made pursuant to section 1614(a)(3)(C) of 
     such Act (42 U.S.C. 1382c(a)(3)(C)),
       ``(II) payments made pursuant to section 1619(a) (42 U.S.C. 
     1382h) or subsections (a)(4), (a)(7), or (p)(7) of section 
     1631 (42 U.S.C. 1383) of such Act, and
       ``(III) State supplementary payments of the type referred 
     to in section 1616(a) of such Act (42 U.S.C. 1382e(a)) (or 
     payments of the type described in section 212(a) of Public 
     Law 93-66) which are paid by the Commissioner under an 
     agreement referred to in such section 1616(a) (or section 
     212(a) of Public Law 93-66).

       ``(ii) Exception.--Such term shall not include any 
     individual if such monthly benefit is not payable for such 
     month by reason of subsection (e)(1)(A) or (e)(4) of section 
     1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 
     1320a-8a).
       ``(E) Specified railroad retirement beneficiary.--For 
     purposes of this paragraph, the term `specified railroad 
     retirement beneficiary' means any individual who, for the 
     last month that ends prior to the date of enactment of this 
     section, is entitled to a monthly annuity or pension payment 
     payable (without regard to section 5(a)(ii) of the Railroad 
     Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under--
       ``(i) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)),
       ``(ii) section 2(c) of such Act (45 U.S.C. 231a(c)),
       ``(iii) section 2(d)(1) of such Act (45 U.S.C. 231a(d)(1)), 
     or
       ``(iv) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) 
     with respect to any of the benefit payments described in 
     subparagraph (C)(i).
       ``(F) Specified veterans beneficiary.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `specified veterans 
     beneficiary' means any individual who, for the

[[Page H5283]]

     last month that ends prior to the date of enactment of this 
     section, is entitled to a compensation or pension payment 
     payable under--

       ``(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of 
     title 38, United States Code,
       ``(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of 
     title 38, United States Code,
       ``(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, 
     or 1562 of title 38, United States Code, or
       ``(IV) section 1805, 1815, or 1821 of title 38, United 
     States Code,

     to a veteran, surviving spouse, child, or parent as described 
     in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, 
     title 38, United States Code.
       ``(ii) Exception.--Such term shall not include any 
     individual if such compensation or pension payment is not 
     payable, or was reduced, for such month by reason of section 
     1505, 5313, or 5313B of title 38, United States Code.
       ``(G) Subsequent determinations and redeterminations not 
     taken into account.--For purposes of this section, any 
     individual's status as a specified social security 
     beneficiary, a specified supplemental security income 
     recipient, a specified railroad retirement beneficiary, or a 
     specified veterans beneficiary shall be unaffected by any 
     determination or redetermination of any entitlement to, or 
     eligibility for, any benefit, payment, or compensation, if 
     such determination or redetermination occurs after the last 
     month that ends prior to the date of enactment of this 
     section.
       ``(H) Payment to representative payees and fiduciaries.--
       ``(i) In general.--If the benefit, payment, or compensation 
     referred to in subparagraph (C)(i), (D)(i), (E), or (F)(i) 
     with respect to any specified individual is paid to a 
     representative payee or fiduciary, payment by the Secretary 
     under paragraph (3) with respect to such specified individual 
     shall be made to such individual's representative payee or 
     fiduciary and the entire payment shall be used only for the 
     benefit of the individual who is entitled to the payment.
       ``(ii) Application of enforcement provisions.--

       ``(I) In the case of a payment described in clause (i) 
     which is made with respect to a specified social security 
     beneficiary or a specified supplemental security income 
     recipient, section 1129(a)(3) of the Social Security Act (42 
     U.S.C. 1320a-8(a)(3)) shall apply to such payment in the same 
     manner as such section applies to a payment under title II or 
     XVI of such Act.
       ``(II) In the case of a payment described in clause (i) 
     which is made with respect to a specified railroad retirement 
     beneficiary, section 13 of the Railroad Retirement Act (45 
     U.S.C. 231l) shall apply to such payment in the same manner 
     as such section applies to a payment under such Act.
       ``(III) In the case of a payment described in clause (i) 
     which is made with respect to a specified veterans 
     beneficiary, sections 5502, 6106, and 6108 of title 38, 
     United States Code, shall apply to such payment in the same 
     manner as such sections apply to a payment under such title.

       ``(6) Notice to taxpayer.--Not later than 15 days after the 
     date on which the Secretary distributed any payment to an 
     eligible taxpayer pursuant to this subsection, notice shall 
     be sent by mail to such taxpayer's last known address. Such 
     notice shall indicate the method by which such payment was 
     made, the amount of such payment, and a phone number for the 
     appropriate point of contact at the Internal Revenue Service 
     to report any error with respect to such payment.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including--
       ``(1) regulations or other guidance providing taxpayers the 
     opportunity to provide the Secretary information sufficient 
     to allow the Secretary to make payments to such taxpayers 
     under subsection (g) (including the determination of the 
     amount of such payment) if such information is not otherwise 
     available to the Secretary, and
       ``(2) regulations or other guidance providing for the 
     proper treatment of joint returns and taxpayers with 
     dependents to ensure that an individual is not taken into 
     account more than once in determining the amount of any 
     credit under subsection (a) and any credit or refund under 
     subsection (g).
       ``(i) Outreach.--The Secretary shall carry out a robust and 
     comprehensive outreach program to ensure that all taxpayers 
     described in subsection (h)(1) learn of their eligibility for 
     the advance refunds and credits under subsection (g); are 
     advised of the opportunity to receive such advance refunds 
     and credits as provided under subsection (h)(1); and are 
     provided assistance in applying for such advance refunds and 
     credits. In conducting such outreach program, the Secretary 
     shall coordinate with other government, State, and local 
     agencies; federal partners; and community-based nonprofit 
     organizations that regularly interface with such 
     taxpayers.''.
       (b) Treatment of Certain Possessions.--
       (1) Payments to possessions with mirror code tax systems.--
     The Secretary of the Treasury shall pay to each possession of 
     the United States which has a mirror code tax system amounts 
     equal to the loss (if any) to that possession by reason of 
     the amendments made by this section. Such amounts shall be 
     determined by the Secretary of the Treasury based on 
     information provided by the government of the respective 
     possession.
       (2) Payments to other possessions.--The Secretary of the 
     Treasury shall pay to each possession of the United States 
     which does not have a mirror code tax system amounts 
     estimated by the Secretary of the Treasury as being equal to 
     the aggregate benefits (if any) that would have been provided 
     to residents of such possession by reason of the amendments 
     made by this section if a mirror code tax system had been in 
     effect in such possession. The preceding sentence shall not 
     apply unless the respective possession has a plan, which has 
     been approved by the Secretary of the Treasury, under which 
     such possession will promptly distribute such payments to its 
     residents.
       (3) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes under section 6428A of the Internal 
     Revenue Code of 1986 (as added by this section), nor shall 
     any credit or refund be made or allowed under subsection (g) 
     of such section, to any person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession by reason of the amendments made by this 
     section, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (2).
       (4) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (c) Administrative Provisions.--
       (1) Definition of deficiency.--Section 6211(b)(4)(A) of the 
     Internal Revenue Code of 1986 is amended by striking ``and 
     6428'' and inserting ``6428, and 6428A''.
       (2) Mathematical or clerical error authority.--Section 
     6213(g)(2) of such Code is amended--
       (A) by inserting ``or section 6428A (relating to additional 
     recovery rebates to individuals)'' before the comma at the 
     end of subparagraph (H), and
       (B) by striking ``or 6428'' in subparagraph (L) and 
     inserting ``6428, or 6428A''.
       (3) Exception from reduction or offset.--Any credit or 
     refund allowed or made to any individual by reason of section 
     6428A of the Internal Revenue Code of 1986 (as added by this 
     section) or by reason of subsection (b) of this section shall 
     not be--
       (A) subject to reduction or offset pursuant to section 3716 
     or 3720A of title 31, United States Code,
       (B) subject to reduction or offset pursuant to subsection 
     (c), (d), (e), or (f) of section 6402 of the Internal Revenue 
     Code of 1986, or
       (C) reduced or offset by other assessed Federal taxes that 
     would otherwise be subject to levy or collection.
       (4) Assignment of benefits.--
       (A) In general.--The right of any person to any applicable 
     payment shall not be transferable or assignable, at law or in 
     equity, and no applicable payment shall be subject to, 
     execution, levy, attachment, garnishment, or other legal 
     process, or the operation of any bankruptcy or insolvency 
     law.
       (B) Encoding of payments.--In the case of an applicable 
     payment described in subparagraph (E)(iii)(I) that is paid 
     electronically by direct deposit through the Automated 
     Clearing House (ACH) network, the Secretary of the Treasury 
     (or the Secretary's delegate) shall--
       (i) issue the payment using a unique identifier that is 
     reasonably sufficient to allow a financial institution to 
     identify the payment as an applicable payment, and
       (ii) further encode the payment pursuant to the same 
     specifications as required for a benefit payment defined in 
     section 212.3 of title 31, Code of Federal Regulations.
       (C) Garnishment.--
       (i) Encoded payments.--In the case of a garnishment order 
     that applies to an account that has received an applicable 
     payment that is encoded as provided in subparagraph (B), a 
     financial institution shall follow the requirements and 
     procedures set forth in part 212 of title 31, Code of Federal 
     Regulations, except--

       (I) notwithstanding section 212.4 of title 31, Code of 
     Federal Regulations (and except as provided in subclause 
     (II)), a financial institution shall not fail to follow the 
     procedures of sections 212.5 and 212.6 of such title with 
     respect to an garnishment order merely because such order has 
     attached, or includes, a notice of right to garnish federal 
     benefits issued by a State child support enforcement agency, 
     and
       (II) a financial institution shall not, with regard to any 
     applicable payment, be required to provide the notice 
     referenced in sections 212.6 and 212.7 of title 31, Code of 
     Federal Regulations.

       (ii) Other payments.--If a financial institution receives a 
     garnishment order (other than an order that has been served 
     by the United States), that has been received by a financial 
     institution and that applies to an account into which an 
     applicable payment that has not been encoded as provided in 
     subparagraph (B) has been deposited electronically or by an 
     applicable payment that has been deposited by check on any 
     date in the lookback period, the financial institution, upon 
     the request of the account holder, shall treat the amount of 
     the funds in the account at the time of the request, up to 
     the amount of the applicable payment (in addition to any 
     amounts otherwise protected under part 212 of title 31, Code 
     of Federal Regulations), as exempt from a garnishment order 
     without requiring the consent of the party serving the 
     garnishment order or the judgment creditor.
       (iii) Liability.--A financial institution that acts in good 
     faith in reliance on clauses (i) or (ii) shall not be subject 
     to liability or regulatory action under any Federal or State 
     law, regulation, court or other order, or regulatory 
     interpretation for actions concerning any applicable 
     payments.
       (D) Preservation of reclamation rights.--This paragraph 
     shall not alter the status of applicable payments as tax 
     refunds or other nonbenefit payments for purpose of any 
     reclamation rights of the Department of the Treasury or the

[[Page H5284]]

     Internal Revenue Service as per part 210 of title 31, Code of 
     Federal Regulations.
       (E) Definitions.--For purposes of this paragraph--
       (i) Account holder.--The term ``account holder'' means a 
     natural person whose name appears in a financial 
     institution's records as the direct or beneficial owner of an 
     account.
       (ii) Account review.--The term ``account review'' means the 
     process of examining deposits in an account to determine if 
     an applicable payment has been deposited into the account 
     during the lookback period. The financial institution shall 
     perform the account review following the procedures outlined 
     in section 212.5 of title 31, Code of Federal Regulations and 
     in accordance with the requirements of section 212.6 of title 
     31, Code of Federal Regulations.
       (iii) Applicable payment.--The term ``applicable payment'' 
     means--

       (I) any advance refund amount paid pursuant to subsection 
     (g) of section 6428A of the Internal Revenue Code of 1986 (as 
     so added),
       (II) any payment made by a possession of the United States 
     with a mirror code tax system (as defined in subsection (c) 
     of section 2201 of the CARES Act (Public Law 116-136)) 
     pursuant to such subsection which corresponds to a payment 
     described in subclause (I), and
       (III) any payment made by a possession of the United States 
     without a mirror code tax system (as so defined) pursuant to 
     section 2201(c) of such Act.

       (iv) Garnishment.--The term ``garnishment'' means 
     execution, levy, attachment, garnishment, or other legal 
     process.
       (v) Garnishment order.--The term ``garnishment order'' 
     means a writ, order, notice, summons, judgment, levy, or 
     similar written instruction issued by a court, a State or 
     State agency, a municipality or municipal corporation, or a 
     State child support enforcement agency, including a lien 
     arising by operation of law for overdue child support or an 
     order to freeze the assets in an account, to effect a 
     garnishment against a debtor.
       (vi) Lookback period.--The term ``lookback period'' means 
     the two month period that begins on the date preceding the 
     date of account review and ends on the corresponding date of 
     the month two months earlier, or on the last date of the 
     month two months earlier if the corresponding date does not 
     exist.
       (5) Treatment of credit and advance payments.--For purposes 
     of section 1324 of title 31, United States Code, any credit 
     under section 6428A(a) of the Internal Revenue Code of 1986, 
     any credit or refund under section 6428A(g) of such Code, and 
     any payment under subsection (b) of this section, shall be 
     treated in the same manner as a refund due from a credit 
     provision referred to in subsection (b)(2) of such section 
     1324.
       (6) Agency information sharing and assistance.--The 
     Commissioner of Social Security, the Railroad Retirement 
     Board, and the Secretary of Veterans Affairs shall each 
     provide the Secretary of the Treasury (or the Secretary's 
     delegate) such information and assistance as the Secretary of 
     the Treasury (or the Secretary's delegate) may require for 
     purposes of making payments under section 6428A(g) of the 
     Internal Revenue Code of 1986 to individuals described in 
     paragraph (5)(A)(ii) thereof.
       (7) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 6428 the following new item:

``Sec. 6428A. Additional recovery rebates to individuals.''.
       (d) Certain Requirements Related to Recovery Rebates and 
     Additional Recovery Rebates.--
       (1) Signatures on checks and notices, etc., by the 
     department of the treasury.--Any check issued to an 
     individual by the Department of the Treasury pursuant to 
     section 6428 or 6428A of the Internal Revenue Code of 1986, 
     and any notice issued pursuant to section 6428(f)(6) or 
     section 6428A(g)(6) of such Code, may not be signed by or 
     otherwise bear the name, signature, image or likeness of the 
     President, the Vice President or any elected official or 
     cabinet level officer of the United States, or any individual 
     who, with respect to any of the aforementioned individuals, 
     bears any relationship described in subparagraphs (A) through 
     (G) of section 152(d)(2) of the Internal Revenue Code of 
     1986.
       (2) Effective date.--Paragraph (1) shall apply to checks 
     and notices issued after the date of the enactment of this 
     Act.
       (e) Reports to Congress.--Each week beginning after the 
     date of the enactment of this Act and beginning before 
     December 31, 2020, on Friday of such week, not later than 3 
     p.m. Eastern Time, the Secretary of the Treasury shall 
     provide a written report to the Committee on Ways and Means 
     of the House of Representatives and the Committee on Finance 
     of the Senate. Such report shall include the following 
     information with respect to payments made pursuant to each of 
     sections 6428 and 6428A of the Internal Revenue Code of 1986:
       (1) The number of scheduled payments sent to the Bureau of 
     Fiscal Service for payment by direct deposit or paper check 
     for the following week (stated separately for direct deposit 
     and paper check).
       (2) The total dollar amount of the scheduled payments 
     described in paragraph (1).
       (3) The number of direct deposit payments returned to the 
     Department of the Treasury and the total dollar value of such 
     payments, for the week ending on the day prior to the day on 
     which the report is provided.
       (4) The total number of letters related to payments under 
     section 6428 or 6428A of such Code mailed to taxpayers during 
     the week ending on the day prior to the day on which the 
     report is provided.

                  Subtitle B--Earned Income Tax Credit

     SEC. 111. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR 
                   INDIVIDUALS WITH NO QUALIFYING CHILDREN.

       (a) Special Rules for 2020.--Section 32 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(n) Special Rules for Individuals Without Qualifying 
     Children.--In the case of any taxable year beginning after 
     December 31, 2019, and before January 1, 2021--
       ``(1) Decrease in minimum age for credit.--
       ``(A) In general.--Subsection (c)(1)(A)(ii)(II) shall be 
     applied by substituting `the applicable minimum age' for `age 
     25'.
       ``(B) Applicable minimum age.--For purposes of this 
     paragraph, the term `applicable minimum age' means--
       ``(i) except as otherwise provided in this subparagraph, 
     age 19,
       ``(ii) in the case of a full-time student (other than a 
     qualified former foster youth or a qualified homeless youth), 
     age 25, and
       ``(iii) in the case of a qualified former foster youth or a 
     qualified homeless youth, age 18.
       ``(C) Full-time student.--For purposes of this paragraph, 
     the term `full-time student' means, with respect to any 
     taxable year, an individual who is an eligible student (as 
     defined in section 25A(b)(3)) during at least 5 calendar 
     months during the taxable year.
       ``(D) Qualified former foster youth.--For purposes of this 
     paragraph, the term `qualified former foster youth' means an 
     individual who--
       ``(i) on or after the date that such individual attained 
     age 14, was in foster care provided under the supervision or 
     administration of a State or tribal agency administering (or 
     eligible to administer) a plan under part B or part E of the 
     Social Security Act (without regard to whether Federal 
     assistance was provided with respect to such child under such 
     part E), and
       ``(ii) provides (in such manner as the Secretary may 
     provide) consent for State and tribal agencies which 
     administer a plan under part B or part E of the Social 
     Security Act to disclose to the Secretary information related 
     to the status of such individual as a qualified former foster 
     youth.
       ``(E) Qualified homeless youth.--For purposes of this 
     paragraph, the term `qualified homeless youth' means, with 
     respect to any taxable year, an individual who--
       ``(i) is certified by a local educational agency or a 
     financial aid administrator during such taxable year as being 
     either an unaccompanied youth who is a homeless child or 
     youth, or as unaccompanied, at risk of homelessness, and 
     self-supporting. Terms used in the preceding sentence which 
     are also used in section 480(d)(1) of the Higher Education 
     Act of 1965 shall have the same meaning as when used in such 
     section, and
       ``(ii) provides (in such manner as the Secretary may 
     provide) consent for local educational agencies and financial 
     aid administrators to disclose to the Secretary information 
     related to the status of such individual as a qualified 
     homeless youth.
       ``(2) Increase in maximum age for credit.--Subsection 
     (c)(1)(A)(ii)(II) shall be applied by substituting `age 66' 
     for `age 65'.
       ``(3) Increase in credit and phaseout percentages.--The 
     table contained in subsection (b)(1) shall be applied by 
     substituting `15.3' for `7.65' each place it appears therein.
       ``(4) Increase in earned income and phaseout amounts.--
       ``(A) In general.--The table contained in subsection 
     (b)(2)(A) shall be applied--
       ``(i) by substituting `$9,720' for `$4,220', and
       ``(ii) by substituting `$11,490' for `$5,280'.
       ``(B) Coordination with inflation adjustment.--Subsection 
     (j) shall not apply to any dollar amount specified in this 
     paragraph.''.
       (b) Information Return Matching.--As soon as practicable, 
     the Secretary of the Treasury (or the Secretary's delegate) 
     shall develop and implement procedures to use information 
     returns under section 6050S (relating to returns relating to 
     higher education tuition and related expenses) to check the 
     status of individuals as full-time students for purposes of 
     section 32(n)(1)(B)(ii) of the Internal Revenue Code of 1986 
     (as added by this section).
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 112. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED INCOME 
                   CREDIT IN CASE OF QUALIFYING CHILDREN WHO FAIL 
                   TO MEET CERTAIN IDENTIFICATION REQUIREMENTS.

       (a) In General.--Section 32(c)(1) of the Internal Revenue 
     Code of 1986 is amended by striking subparagraph (F).
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 113. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED 
                   SPOUSES.

       (a) In General.--Section 32(d) of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``Married Individuals.--In the case of'' 
     and inserting the following: ``Married Individuals.--
       ``(1) In general.--In the case of'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Determination of marital status.--For purposes of 
     this section--
       ``(A) In general.--Except as provided in subparagraph (B), 
     marital status shall be determined under section 7703(a).
       ``(B) Special rule for separated spouse.--An individual 
     shall not be treated as married if such individual--
       ``(i) is married (as determined under section 7703(a)) and 
     does not file a joint return for the taxable year,

[[Page H5285]]

       ``(ii) lives with a qualifying child of the individual for 
     more than one-half of such taxable year, and
       ``(iii)(I) during the last 6 months of such taxable year, 
     does not have the same principal place of abode as the 
     individual's spouse, or
       ``(II) has a decree, instrument, or agreement (other than a 
     decree of divorce) described in section 121(d)(3)(C) with 
     respect to the individual's spouse and is not a member of the 
     same household with the individual's spouse by the end of the 
     taxable year.''.
       (b) Conforming Amendments.--
       (1) Section 32(c)(1)(A) of such Code is amended by striking 
     the last sentence.
       (2) Section 32(c)(1)(E)(ii) of such Code is amended by 
     striking ``(within the meaning of section 7703)''.
       (3) Section 32(d)(1) of such Code, as amended by subsection 
     (a), is amended by striking ``(within the meaning of section 
     7703)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 114. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST.

       (a) In General.--Section 32 of the Internal Revenue Code of 
     1986 is amended by striking subsection (i).
       (b) Conforming Amendments.--
       (1) Section 32(j)(1) of such Code is amended by striking 
     ``subsections (b)(2) and (i)(1)'' and inserting ``subsection 
     (b)(2)''.
       (2) Section 32(j)(1)(B)(i) of such Code is amended by 
     striking ``subsections (b)(2)(A) and (i)(1)'' and inserting 
     ``subsection (b)(2)(A)''.
       (3) Section 32(j)(2) of such Code is amended--
       (A) by striking subparagraph (B), and
       (B) by striking ``Rounding.--'' and all that follows 
     through ``If any dollar amount'' and inserting the following: 
     ``Rounding.--If any dollar amount''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 115. APPLICATION OF EARNED INCOME TAX CREDIT IN 
                   POSSESSIONS OF THE UNITED STATES.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT TO 
                   POSSESSIONS OF THE UNITED STATES.

       ``(a) Puerto Rico.--
       ``(1) In general.--With respect to calendar year 2021 and 
     each calendar year thereafter, the Secretary shall, except as 
     otherwise provided in this subsection, make payments to 
     Puerto Rico equal to--
       ``(A) the specified matching amount for such calendar year, 
     plus
       ``(B) in the case of calendar years 2021 through 2025, the 
     lesser of--
       ``(i) the expenditures made by Puerto Rico during such 
     calendar year for education efforts with respect to 
     individual taxpayers and tax return preparers relating to the 
     earned income tax credit, or
       ``(ii) $1,000,000.
       ``(2) Requirement to reform earned income tax credit.--The 
     Secretary shall not make any payments under paragraph (1) 
     with respect to any calendar year unless Puerto Rico has in 
     effect an earned income tax credit for taxable years 
     beginning in or with such calendar year which (relative to 
     the earned income tax credit which was in effect for taxable 
     years beginning in or with calendar year 2019) increases the 
     percentage of earned income which is allowed as a credit for 
     each group of individuals with respect to which such 
     percentage is separately stated or determined in a manner 
     designed to substantially increase workforce participation.
       ``(3) Specified matching amount.--For purposes of this 
     subsection--
       ``(A) In general.--The term `specified matching amount' 
     means, with respect to any calendar year, the lesser of--
       ``(i) the excess (if any) of--

       ``(I) the cost to Puerto Rico of the earned income tax 
     credit for taxable years beginning in or with such calendar 
     year, over
       ``(II) the base amount for such calendar year, or

       ``(ii) the product of 3, multiplied by the base amount for 
     such calendar year.
       ``(B) Base amount.--
       ``(i) Base amount for 2020.--In the case of calendar year 
     2020, the term `base amount' means the greater of--

       ``(I) the cost to Puerto Rico of the earned income tax 
     credit for taxable years beginning in or with calendar year 
     2019 (rounded to the nearest multiple of $1,000,000), or
       ``(II) $200,000,000.

       ``(ii) Inflation adjustment.--In the case of any calendar 
     year after 2021, the term `base amount' means the dollar 
     amount determined under clause (i) increased by an amount 
     equal to--

       ``(I) such dollar amount, multiplied by--
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2020' for `calendar year 2016' in 
     subparagraph (A)(ii) thereof.

     Any amount determined under this clause shall be rounded to 
     the nearest multiple of $1,000,000.
       ``(4) Rules related to payments and reports.--
       ``(A) Timing of payments.--The Secretary shall make 
     payments under paragraph (1) for any calendar year--
       ``(i) after receipt of the report described in subparagraph 
     (B) for such calendar year, and
       ``(ii) except as provided in clause (i), within a 
     reasonable period of time before the due date for individual 
     income tax returns (as determined under the laws of Puerto 
     Rico) for taxable years which began on the first day of such 
     calendar year.
       ``(B) Annual reports.--With respect to calendar year 2021 
     and each calendar year thereafter, Puerto Rico shall provide 
     to the Secretary a report which shall include--
       ``(i) an estimate of the costs described in paragraphs 
     (1)(B)(i) and (3)(A)(i)(I) with respect to such calendar 
     year, and
       ``(ii) a statement of such costs with respect to the 
     preceding calendar year.
       ``(C) Adjustments.--
       ``(i) In general.--In the event that any estimate of an 
     amount is more or less than the actual amount as later 
     determined and any payment under paragraph (1) was determined 
     on the basis of such estimate, proper payment shall be made 
     by, or to, the Secretary (as the case may be) as soon as 
     practicable after the determination that such estimate was 
     inaccurate. Proper adjustment shall be made in the amount of 
     any subsequent payments made under paragraph (1) to the 
     extent that proper payment is not made under the preceding 
     sentence before such subsequent payments.
       ``(ii) Additional reports.--The Secretary may require such 
     additional periodic reports of the information described in 
     subparagraph (B) as the Secretary determines appropriate to 
     facilitate timely adjustments under clause (i).
       ``(D) Determination of cost of earned income tax credit.--
     For purposes of this subsection, the cost to Puerto Rico of 
     the earned income tax credit shall be determined by the 
     Secretary on the basis of the laws of Puerto Rico and shall 
     include reductions in revenues received by Puerto Rico by 
     reason of such credit and refunds attributable to such 
     credit, but shall not include any administrative costs with 
     respect to such credit.
       ``(E) Prevention of manipulation of base amount.--No 
     payments shall be made under paragraph (1) if the earned 
     income tax credit as in effect in Puerto Rico for taxable 
     years beginning in or with calendar year 2019 is modified 
     after the date of the enactment of this subsection.
       ``(b) Possessions With Mirror Code Tax Systems.--
       ``(1) In general.--With respect to calendar year 2020 and 
     each calendar year thereafter, the Secretary shall, except as 
     otherwise provided in this subsection, make payments to the 
     Virgin Islands, Guam, and the Commonwealth of the Northern 
     Mariana Islands equal to--
       ``(A) 75 percent of the cost to such possession of the 
     earned income tax credit for taxable years beginning in or 
     with such calendar year, plus
       ``(B) in the case of calendar years 2020 through 2024, the 
     lesser of--
       ``(i) the expenditures made by such possession during such 
     calendar year for education efforts with respect to 
     individual taxpayers and tax return preparers relating to 
     such earned income tax credit, or
       ``(ii) $50,000.
       ``(2) Application of certain rules.--Rules similar to the 
     rules of subparagraphs (A), (B), (C), and (D) of subsection 
     (a)(4) shall apply for purposes of this subsection.
       ``(c) American Samoa.--
       ``(1) In general.--With respect to calendar year 2020 and 
     each calendar year thereafter, the Secretary shall, except as 
     otherwise provided in this subsection, make payments to 
     American Samoa equal to--
       ``(A) the lesser of--
       ``(i) 75 percent of the cost to American Samoa of the 
     earned income tax credit for taxable years beginning in or 
     with such calendar year, or
       ``(ii) $12,000,000, plus
       ``(B) in the case of calendar years 2020 through 2024, the 
     lesser of--
       ``(i) the expenditures made by American Samoa during such 
     calendar year for education efforts with respect to 
     individual taxpayers and tax return preparers relating to 
     such earned income tax credit, or
       ``(ii) $50,000.
       ``(2) Requirement to enact and maintain an earned income 
     tax credit.--The Secretary shall not make any payments under 
     paragraph (1) with respect to any calendar year unless 
     American Samoa has in effect an earned income tax credit for 
     taxable years beginning in or with such calendar year which 
     allows a refundable tax credit to individuals on the basis of 
     the taxpayer's earned income which is designed to 
     substantially increase workforce participation.
       ``(3) Inflation adjustment.--In the case of any calendar 
     year after 2020, the $12,000,000 amount in paragraph 
     (1)(A)(ii) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by--
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2019' for `calendar year 2016' in 
     subparagraph (A)(ii) thereof.
     Any increase determined under this clause shall be rounded to 
     the nearest multiple of $100,000.
       ``(4) Application of certain rules.--Rules similar to the 
     rules of subparagraphs (A), (B), (C), and (D) of subsection 
     (a)(4) shall apply for purposes of this subsection.
       ``(d) Treatment of Payments.--For purposes of section 1324 
     of title 31, United States Code, the payments under this 
     section shall be treated in the same manner as a refund due 
     from a credit provision referred to in subsection (b)(2) of 
     such section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Sec. 7529. Application of earned income tax credit to possessions of 
              the United States.''.

     SEC. 116. TEMPORARY SPECIAL RULE FOR DETERMINING EARNED 
                   INCOME FOR PURPOSES OF EARNED INCOME TAX 
                   CREDIT.

       (a) In General.--If the earned income of the taxpayer for 
     the taxpayer's first taxable year

[[Page H5286]]

     beginning in 2020 is less than the earned income of the 
     taxpayer for the preceding taxable year, the credit allowed 
     under section 32 of the Internal Revenue Code of 1986 may, at 
     the election of the taxpayer, be determined by substituting-
     --
       (1) such earned income for the preceding taxable year, for
       (2) such earned income for the taxpayer's first taxable 
     year beginning in 2020.
       (b) Earned Income.--
       (1) In general.--For purposes of this section, the term 
     ``earned income'' has the meaning given such term under 
     section 32(c) of the Internal Revenue Code of 1986.
       (2) Application to joint returns.--For purposes of 
     subsection (a), in the case of a joint return, the earned 
     income of the taxpayer for the preceding taxable year shall 
     be the sum of the earned income of each spouse for such 
     preceding taxable year.
       (c) Special Rules.--
       (1) Errors treated as mathematical error.--For purposes of 
     section 6213 of the Internal Revenue Code of 1986, an 
     incorrect use on a return of earned income pursuant to 
     subsection (a) shall be treated as a mathematical or clerical 
     error.
       (2) No effect on determination of gross income, etc.--
     Except as otherwise provided in this subsection, the Internal 
     Revenue Code of 1986 shall be applied without regard to any 
     substitution under subsection (a).
       (d) Treatment of Certain Possessions.--
       (1) Payments to possessions with mirror code tax systems.--
     The Secretary of the Treasury shall pay to each possession of 
     the United States which has a mirror code tax system amounts 
     equal to the loss (if any) to that possession by reason of 
     the application of the provisions of this section (other than 
     this subsection) with respect to section 32 of the Internal 
     Revenue Code of 1986. Such amounts shall be determined by the 
     Secretary of the Treasury based on information provided by 
     the government of the respective possession.
       (2) Payments to other possessions.--The Secretary of the 
     Treasury shall pay to each possession of the United States 
     which does not have a mirror code tax system amounts 
     estimated by the Secretary of the Treasury as being equal to 
     the aggregate benefits (if any) that would have been provided 
     to residents of such possession by reason of the provisions 
     of this section (other than this subsection) with respect to 
     section 32 of the Internal Revenue Code of 1986 if a mirror 
     code tax system had been in effect in such possession. The 
     preceding sentence shall not apply unless the respective 
     possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payments to its residents.
       (3) Mirror code tax system.--For purposes of this section, 
     the term ``mirror code tax system'' means, with respect to 
     any possession of the United States, the income tax system of 
     such possession if the income tax liability of the residents 
     of such possession under such system is determined by 
     reference to the income tax laws of the United States as if 
     such possession were the United States.
       (4) Treatment of payments.--For purposes of section 1324 of 
     title 31, United States Code, the payments under this section 
     shall be treated in the same manner as a refund due from a 
     credit provision referred to in subsection (b)(2) of such 
     section.

                      Subtitle C--Child Tax Credit

     SEC. 121. CHILD TAX CREDIT IMPROVEMENTS FOR 2020.

       (a) In General.--Section 24 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Special Rule for Refundable Credit.--In the case of 
     any taxable year beginning in 2020, subsection (h)(5) shall 
     not apply and the increase determined under the first 
     sentence of subsection (d)(1) shall be the amount determined 
     under subsection (d)(1)(A) (determined without regard to 
     subsection (h)(4)).''.
       (b) Advance Payment of Credit.--
       (1) In general.--Chapter 77 of such Code is amended by 
     inserting after section 7527 the following new section:

     ``SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT.

       ``(a) In General.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall establish a 
     program for making advance payments of the credit allowed 
     under subsection (a) of section 24 on a monthly basis 
     (determined without regard to subsection (i)(2)) of such 
     section), or as frequently as the Secretary determines to be 
     administratively feasible, to taxpayers determined to be 
     eligible for advance payment of such credit.
       ``(b) Limitation.--
       ``(1) In general.--The Secretary may make payments under 
     subsection (a) only to the extent that the total amount of 
     such payments made to any taxpayer during the taxable year 
     does not exceed an amount equal to the excess, if any, of--
       ``(A) subject to paragraph (2), the amount determined under 
     subsection (a) of section 24 with respect to such taxpayer 
     (determined without regard to subsection (i)(2)) of such 
     section) for such taxable year, over
       ``(B) the estimated tax imposed by subtitle A, as reduced 
     by the credits allowable under subparts A and C (other than 
     section 24) of such part IV, with respect to such taxpayer 
     for such taxable year, as determined in such manner as the 
     Secretary deems appropriate.
       ``(2) Application of threshold amount limitation.--The 
     program described in subsection (a) shall make reasonable 
     efforts to apply the limitation of section 24(b) with respect 
     to payments made under such program.
       ``(c) Application.--The advance payments described in this 
     section shall only be made with respect to credits allowed 
     under section 24 for taxable years beginning during 2020.''.
       (2) Reconciliation of credit and advance credit.--Section 
     24(i) of such Code, as amended by subsection (a), is 
     amended--
       (A) by striking ``in the case of any taxable year'', and 
     inserting the following:
       ``(1) In general.--`In the case of any taxable year' '', 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Reconciliation of credit and advance credit.--
       ``(A) In general.--The amount of the credit allowed under 
     this section for any taxable year shall be reduced (but not 
     below zero) by the aggregate amount of any advance payments 
     of such credit under section 7527A for such taxable year.
       ``(B) Excess advance payments.--If the aggregate amount of 
     advance payments under section 7527A for the taxable year 
     exceeds the amount of the credit allowed under this section 
     for such taxable year (determined without regard to 
     subparagraph (A)), the tax imposed by this chapter for such 
     taxable year shall be increased by the amount of such 
     excess.''.
       (3) Clerical amendment.--The table of sections for chapter 
     77 of such Code is amended by inserting after the item 
     relating to section 7527 the following new item:

``Sec. 7527A. Advance payment of child tax credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 122. APPLICATION OF CHILD TAX CREDIT IN POSSESSIONS.

       (a) In General.--Section 24 of the Internal Revenue Code of 
     1986, as amended by the preceding provisions of this Act, is 
     amended by adding at the end the following new subsection:
       ``(j) Application of Credit in Possessions.--
       ``(1) Mirror code possessions.--
       ``(A) In general.--The Secretary shall pay to each 
     possession of the United States with a mirror code tax system 
     amounts equal to the loss to that possession by reason of the 
     application of this section (determined without regard to 
     this subsection) with respect to taxable years beginning 
     after 2019. Such amounts shall be determined by the Secretary 
     based on information provided by the government of the 
     respective possession.
       ``(B) Coordination with credit allowed against united 
     states income taxes.--No credit shall be allowed under this 
     section for any taxable year to any individual to whom a 
     credit is allowable against taxes imposed by a possession 
     with a mirror code tax system by reason of the application of 
     this section in such possession for such taxable year.
       ``(C) Mirror code tax system.--For purposes of this 
     paragraph, the term `mirror code tax system' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       ``(2) Puerto rico.--In the case of any bona fide resident 
     of Puerto Rico (within the meaning of section 937(a))--
       ``(A) the credit determined under this section shall be 
     allowable to such resident,
       ``(B) in the case of any taxable year beginning during 
     2020, the increase determined under the first sentence of 
     subsection (d)(1) shall be the amount determined under 
     subsection (d)(1)(A) (determined without regard to subsection 
     (h)(4)),
       ``(C) in the case of any taxable year beginning after 
     December 31, 2020, and before January 1, 2026, the increase 
     determined under the first sentence of subsection (d)(1) 
     shall be the lesser of--
       ``(i) the amount determined under subsection (d)(1)(A) 
     (determined without regard to subsection (h)(4)), or
       ``(ii) the dollar amount in effect under subsection (h)(5), 
     and
       ``(D) in the case of any taxable year after December 31, 
     2025, the increase determined under the first sentence of 
     subsection (d)(1) shall be the amount determined under 
     subsection (d)(1)(A).
       ``(3) American samoa.--
       ``(A) In general.--The Secretary shall pay to American 
     Samoa amounts estimated by the Secretary as being equal to 
     the aggregate benefits that would have been provided to 
     residents of American Samoa by reason of the application of 
     this section for taxable years beginning after 2019 if the 
     provisions of this section had been in effect in American 
     Samoa.
       ``(B) Distribution requirement.--Subparagraph (A) shall not 
     apply unless American Samoa has a plan, which has been 
     approved by the Secretary, under which American Samoa will 
     promptly distribute such payments to the residents of 
     American Samoa in a manner which replicates to the greatest 
     degree practicable the benefits that would have been so 
     provided to each such resident.
       ``(C) Coordination with credit allowed against united 
     states income taxes.--
       ``(i) In general.--In the case of a taxable year with 
     respect to which a plan is approved under subparagraph (B), 
     this section (other than this subsection) shall not apply to 
     any individual eligible for a distribution under such plan.
       ``(ii) Application of section in event of absence of 
     approved plan.--In the case of a taxable year with respect to 
     which a plan is not approved under subparagraph (B), rules 
     similar to the rules of paragraph (2) shall apply with 
     respect to bona fide residents of American Samoa (within the 
     meaning of section 937(a)).

[[Page H5287]]

       ``(4) Treatment of payments.--The payments made under this 
     subsection shall be treated in the same manner for purposes 
     of section 1324(b)(2) of title 31, United States Code, as 
     refunds due from the credit allowed under this section.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

                 Subtitle D--Dependent Care Assistance

     SEC. 131. REFUNDABILITY AND ENHANCEMENT OF CHILD AND 
                   DEPENDENT CARE TAX CREDIT.

       (a) In General.--Section 21 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(g) Special Rules for 2020.--In the case of any taxable 
     year beginning after December 31, 2019, and before January 1, 
     2021--
       ``(1) Credit made refundable.--In the case of an individual 
     other than a nonresident alien, the credit allowed under 
     subsection (a) shall be treated as a credit allowed under 
     subpart C (and not allowed under this subpart).
       ``(2) Increase in applicable percentage.--Subsection (a)(2) 
     shall be applied--
       ``(A) by substituting `50 percent' for `35 percent ', and
       ``(B) by substituting `$120,000' for `$15,000'.
       ``(3) Increase in dollar limit on amount creditable.--
     Subsection (c) shall be applied--
       ``(A) by substituting `$6,000' for `$3,000' in paragraph 
     (1) thereof, and
       ``(B) by substituting `twice the amount in effect under 
     paragraph (1)' for `$6,000' in paragraph (2) thereof.''.
       (b) Conforming Amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting ``21 (by reason 
     of subsection (g) thereof),'' before ``25A''.
       (c) Coordination With Possession Tax Systems.--Section 
     21(g)(1) of the Internal Revenue Code of 1986 (as added by 
     this section) shall not apply to any person--
       (1) to whom a credit is allowed against taxes imposed by a 
     possession with a mirror code tax system by reason of the 
     application of section 21 of such Code in such possession for 
     such taxable year, or
       (2) to whom a credit would be allowed against taxes imposed 
     by a possession which does not have a mirror code tax system 
     if the provisions of section 21 of such Code had been in 
     effect in such possession for such taxable year.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 132. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED 
                   DEPENDENT CARE ASSISTANCE.

       (a) In General.--Section 129(a)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Special rule for 2020.--In the case of any taxable 
     year beginning during 2020, subparagraph (A) shall be applied 
     be substituting `$10,500 (half such dollar amount' for 
     `$5,000 ($2,500'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.
       (c) Retroactive Plan Amendments.--A plan or other 
     arrangement that otherwise satisfies all applicable 
     requirements of sections 106, 125, and 129 of the Internal 
     Revenue Code of 1986 (including any rules or regulations 
     thereunder) shall not fail to be treated as a cafeteria plan 
     or dependent care flexible spending arrangement merely 
     because such plan or arrangement is amended pursuant to a 
     provision under this section and such amendment is 
     retroactive, if--
       (1) such amendment is adopted no later than the last day of 
     the plan year in which the amendment is effective, and
       (2) the plan or arrangement is operated consistent with the 
     terms of such amendment during the period beginning on the 
     effective date of the amendment and ending on the date the 
     amendment is adopted.

           Subtitle E--Credits for Paid Sick and Family Leave

     SEC. 141. EXTENSION OF CREDITS.

       (a) In General.--Sections 7001(g), 7002(e), 7003(g), and 
     7004(e) of the Families First Coronavirus Response Act are 
     each amended by striking ``December 31, 2020'' and inserting 
     ``February 28, 2021''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 142. REPEAL OF REDUCED RATE OF CREDIT FOR CERTAIN LEAVE.

       (a) Payroll Credit.--Section 7001(b) of the Families First 
     Coronavirus Response Act is amended by inserting ``(as in 
     effect immediately before the date of the enactment of the 
     COVID-19 Tax Relief Act of 2020) or any day on or after the 
     date of the enactment of the COVID-19 Tax Relief Act of 
     2020'' after ``in the case of any day any portion of which is 
     paid sick time described in paragraph (1), (2), or (3) of 
     section 5102(a) of the Emergency Paid Sick Leave Act''.
       (b) Self-Employed Credit.--
       (1) In general.--Clauses (i) and (ii) of section 
     7002(c)(1)(B) of the Families First Coronavirus Response Act 
     are each amended by inserting ``(as in effect immediately 
     before the date of the enactment of the COVID-19 Tax Relief 
     Act of 2020) or any day on or after the date of the enactment 
     of the COVID-19 Tax Relief Act of 2020'' after ``in the case 
     of any day any portion of which is paid sick time described 
     in paragraph (1), (2), or (3) of section 5102(a) of the 
     Emergency Paid Sick Leave Act''.
       (2) Conforming amendment.--Section 7002(d)(3) of the 
     Families First Coronavirus Response Act is amended by 
     inserting ``(as in effect immediately before the date of the 
     enactment of the COVID-19 Tax Relief Act of 2020) or any day 
     on or after the date of the enactment of the COVID-19 Tax 
     Relief Act of 2020'' after ``in the case of any day any 
     portion of which is paid sick time described in paragraph 
     (1), (2), or (3) of section 5102(a) of the Emergency Paid 
     Sick Leave Act''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to days on or after the date of the enactment of 
     this Act.

     SEC. 143. INCREASE IN LIMITATIONS ON CREDITS FOR PAID FAMILY 
                   LEAVE.

       (a) Increase in Overall Limitation on Qualified Family 
     Leave Wages.--
       (1) In general.--Section 7003(b)(1)(B) of the Families 
     First Coronavirus Response Act is amended by striking 
     ``$10,000'' and inserting ``$12,000''.
       (2) Conforming amendment.--Section 7004(d)(3) of the 
     Families First Coronavirus Response Act is amended by 
     striking ``$10,000'' and inserting ``$12,000''.
       (b) Increase in Qualified Family Leave Equivalent Amount 
     for Self-employed Individuals.--Section 7004(c)(1)(A) of the 
     Families First Coronavirus Response Act is amended by 
     striking ``50'' and inserting ``60''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 144. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
                   EMPLOYMENT IN DETERMINING AVERAGE DAILY SELF-
                   EMPLOYMENT INCOME.

       (a) Credit for Sick Leave.--Section 7002(c) of the Families 
     First Coronavirus Response Act is amended by adding at the 
     end the following new paragraph:
       ``(4) Election to use prior year net earnings from self-
     employment income.--In the case of an individual who elects 
     (at such time and in such manner as the Secretary, or the 
     Secretary's delegate, may provide) the application of this 
     paragraph, paragraph (2)(A) shall be applied by substituting 
     `the prior taxable year' for `the taxable year'.''.
       (b) Credit for Family Leave.--Section 7004(c) of the 
     Families First Coronavirus Response Act is amended by adding 
     at the end the following new paragraph:
       ``(4) Election to use prior year net earnings from self-
     employment income.--In the case of an individual who elects 
     (at such time and in such manner as the Secretary, or the 
     Secretary's delegate, may provide) the application of this 
     paragraph, paragraph (2)(A) shall be applied by substituting 
     `the prior taxable year' for `the taxable year'.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 145. FEDERAL, STATE, AND LOCAL GOVERNMENTS ALLOWED TAX 
                   CREDITS FOR PAID SICK AND PAID FAMILY AND 
                   MEDICAL LEAVE.

       (a) In General.--Sections 7001(e) and 7003(e) of the 
     Families First Coronavirus Response Act are each amended by 
     striking paragraph (4).
       (b) Coordination With Application of Certain Definitions.--
       (1) In general.--Sections 7001(c) and 7003(c) of the 
     Families First Coronavirus Response Act are each amended--
       (A) by inserting ``, determined without regard to 
     paragraphs (1) through (22) of section 3121(b) of such Code'' 
     after ``as defined in section 3121(a) of the Internal Revenue 
     Code of 1986'', and
       (B) by inserting ``, determined without regard to the 
     sentence in paragraph (1) thereof which begins `Such term 
     does include remuneration' '' after ``as defined in section 
     3231(e) of the Internal Revenue Code''.
       (2) Conforming amendments.--Sections 7001(e)(3) and 
     7003(e)(3) of the Families First Coronavirus Response Act are 
     each amended by striking ``Any term'' and inserting ``Except 
     as otherwise provided in this section, any term''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 146. CERTAIN TECHNICAL IMPROVEMENTS.

       (a) Coordination With Exclusion From Employment Taxes.--
     Sections 7001(c) and 7003(c) of the Families First 
     Coronavirus Response Act, as amended by the preceding 
     provisions of this Act, are each amended--
       (1) by inserting ``and section 7005(a) of this Act,'' after 
     ``determined without regard to paragraphs (1) through (22) of 
     section 3121(b) of such Code'', and
       (2) by inserting ``and without regard to section 7005(a) of 
     this Act'' after ``which begins `Such term does not include 
     remuneration' ''.
       (b) Clarification of Applicable Railroad Retirement Tax for 
     Paid Leave Credits.--Sections 7001(e) and 7003(e) of the 
     Families First Coronavirus Response Act, as amended by the 
     preceding provisions of this Act, are each amended by adding 
     at the end the following new paragraph:
       ``(4) References to railroad retirement tax.--Any reference 
     in this section to the tax imposed by section 3221(a) of the 
     Internal Revenue Code of 1986 shall be treated as a reference 
     to so much of such tax as is attributable to the rate in 
     effect under section 3111(a) of such Code.''.
       (c) Clarification of Treatment of Paid Leave for Applicable 
     Railroad Retirement Tax.--Section 7005(a) of the Families 
     First Coronavirus Response Act is amended by adding the 
     following sentence at the end of such subsection: ``Any 
     reference in this subsection to the tax imposed by section 
     3221(a) of such Code shall be treated as a reference to so 
     much of the tax as is attributable to the rate in effect 
     under section 3111(a) of such Code.''
       (d) Clarification of Applicable Railroad Retirement Tax for 
     Hospital Insurance Tax

[[Page H5288]]

     Credit.--Section 7005(b)(1) of the Families First Coronavirus 
     Response Act is amended to read as follows:
       ``(1) In general.--The credit allowed by section 7001 and 
     the credit allowed by section 7003 shall each be increased by 
     the amount of the tax imposed by section 3111(b) of the 
     Internal Revenue Code of 1986 and so much of the taxes 
     imposed under section 3221(a) of such Code as are 
     attributable to the rate in effect under section 3111(b) of 
     such Code on qualified sick leave wages, or qualified family 
     leave wages, for which credit is allowed under such section 
     7001 or 7003 (respectively).''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 147. CREDITS NOT ALLOWED TO CERTAIN LARGE EMPLOYERS.

       (a) Credit for Required Paid Sick Leave.--
       (1) In general.--Section 7001(a) of the Families First 
     Coronavirus Response Act is amended by striking ``In the case 
     of an employer'' and inserting ``In the case of an eligible 
     employer''.
       (2) Eligible employer.--Section 7001(c) of the Families 
     First Coronavirus Response Act, as amended by the preceding 
     provisions of this Act, is amended by striking ``For purposes 
     of this section, the term'' and all that precedes it and 
     inserting the following:
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible employer.--The term `eligible employer' 
     means any employer other than an applicable large employer 
     (as defined in section 4980H(c)(2), determined by 
     substituting `500' for `50' each place it appears in 
     subparagraphs (A) and (B) thereof and without regard to 
     subparagraphs (D) and (F) thereof). For purposes of the 
     preceding sentence, the Government of the United States, the 
     government of any State or political subdivision thereof, or 
     any agency or instrumentality of any of the foregoing shall 
     not be treated as an applicable large employer.
       ``(2) Qualified sick leave wages.--The term''.
       (b) Credit for Required Paid Family Leave.--
       (1) In general.--Section 7003(a) of the Families First 
     Coronavirus Response Act is amended by striking ``In the case 
     of an employer'' and inserting ``In the case of an eligible 
     employer''.
       (2) Eligible employer.--Section 7003(c) of the Families 
     First Coronavirus Response Act, as amended by the preceding 
     provisions of this Act, is amended by striking ``For purposes 
     of this section, the term'' and all that precedes it and 
     inserting the following:
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible employer.--The term `eligible employer' 
     means any employer other than an applicable large employer 
     (as defined in section 4980H(c)(2), determined by 
     substituting `500' for `50' each place it appears in 
     subparagraphs (A) and (B) thereof and without regard to 
     subparagraphs (D) and (F) thereof). For purposes of the 
     preceding sentence, the Government of the United States, the 
     government of any State or political subdivision thereof, or 
     any agency or instrumentality of any of the foregoing, shall 
     not be treated as an applicable large employer.
       ``(2) Qualified family leave wages.--The term''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to wages paid after the date of the enactment of 
     this Act.

             Subtitle F--Deduction of State and Local Taxes

     SEC. 151. ELIMINATION FOR 2020 LIMITATION ON DEDUCTION OF 
                   STATE AND LOCAL TAXES.

       (a) In General.--Section 164(b)(6)(B) of the Internal 
     Revenue Code of 1986 is amended by inserting ``in the case of 
     a taxable year beginning before January 1, 2020, or after 
     December 31, 2020,'' before ``the aggregate amount of 
     taxes''.
       (b) Conforming Amendments.--Section 164(b)(6) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``For purposes of subparagraph (B)'' and 
     inserting ``For purposes of this section'',
       (2) by striking ``January 1, 2018'' and inserting ``January 
     1, 2021'',
       (3) by striking ``December 31, 2017, shall'' and inserting 
     ``December 31, 2020, shall'', and
       (4) by adding at the end the following: ``For purposes of 
     this section, in the case of State or local taxes with 
     respect to any real or personal property paid during a 
     taxable year beginning in 2020, the Secretary shall prescribe 
     rules which treat all or a portion of such taxes as paid in a 
     taxable year or years other than the taxable year in which 
     actually paid as necessary or appropriate to prevent the 
     avoidance of the limitations of this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxes paid or accrued in taxable years 
     beginning after December 31, 2019.

         TITLE II--PROVISIONS TO PREVENT BUSINESS INTERRUPTION

     SEC. 201. IMPROVEMENTS TO EMPLOYEE RETENTION AND REHIRING 
                   CREDIT.

       (a) Employee Retention Credit Renamed.--Section 2301 of the 
     CARES Act is amended in the heading by striking ``EMPLOYEE 
     RETENTION CREDIT'' and inserting ``EMPLOYEE RETENTION AND 
     REHIRING CREDIT''.
       (b) Increase in Credit Percentage.--Section 2301(a) of the 
     CARES Act is amended by striking ``50 percent'' and inserting 
     ``80 percent''.
       (c) Increase in Per Employee Limitation.--Section 
     2301(b)(1) of the CARES Act is amended by striking ``for all 
     calendar quarters shall not exceed $10,000.'' and inserting 
     ``shall not exceed--
       ``(A) $15,000 in any calendar quarter, and
       ``(B) $45,000 in the aggregate for all calendar 
     quarters.''.
       (d) Modification of Threshold for Treatment as a Large 
     Employer.--
       (1) In general.--Section 2301(c)(3)(A) of the CARES Act is 
     amended--
       (A) by striking ``for which the average number of full-time 
     employees (within the meaning of section 4980H of the 
     Internal Revenue Code of 1986) employed by such eligible 
     employer during 2019 was greater than 100'' in clause (i) and 
     inserting ``which is a large employer'', and
       (B) by striking ``for which the average number of full-time 
     employees (within the meaning of section 4980H of the 
     Internal Revenue Code of 1986) employed by such eligible 
     employer during 2019 was not greater than 100'' in clause 
     (ii) and inserting ``which is not a large employer''.
       (2) Large employer defined.--Section 2301(c) of the CARES 
     Act is amended by redesignating paragraph (6) as paragraph 
     (7) and by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) Large employer.--The term `large employer' means any 
     eligible employer if--
       ``(A) the average number of full-time employees (as 
     determined for purposes of determining whether an employer is 
     an applicable large employer for purposes of section 
     4980H(c)(2) of the Internal Revenue Code of 1986) employed by 
     such eligible employer during calendar year 2019 was greater 
     than 1,500, and
       ``(B) the gross receipts (within the meaning of section 
     448(c) of the Internal Revenue Code of 1986) of such eligible 
     employer during calendar year 2019 was greater than 
     $41,500,000.''.
       (e) Phase-in of Eligibility Based on Reduction in Gross 
     Receipts.--
       (1) Decrease of reduction in gross receipts necessary to 
     qualify for credit.--Section 2301(c)(2)(B) of the CARES Act 
     is amended--
       (A) by striking ``50 percent'' in clause (i) and inserting 
     ``90 percent'', and
       (B) by striking ``80 percent'' in clause (ii) and inserting 
     ``90 percent''.
       (2) Phase-in of credit if reduction in gross receipts is 
     less than 50 percent.--Section 2301(c)(2) of the CARES Act is 
     amended by adding at the end the following new subparagraph:
       ``(D) Phase-in of credit where business not suspended and 
     reduction in gross receipts less than 50 percent.--
       ``(i) In general.--In the case of any calendar quarter with 
     respect to which an eligible employer would not be an 
     eligible employer if subparagraph (B)(i) were applied by 
     substituting `50 percent' for `90 percent', the amount of the 
     credit allowed under subsection (a) shall be reduced by the 
     amount which bears the same ratio to the amount of such 
     credit (determined without regard to this subparagraph) as--

       ``(I) the excess gross receipts percentage point amount, 
     bears to
       ``(II) 40 percentage points.

       ``(ii) Excess gross receipts percentage point amount.--For 
     purposes of this subparagraph, the term `excess gross 
     receipts percentage point amount' means, with respect to any 
     calendar quarter, the excess of--

       ``(I) the lowest of the gross receipts percentage point 
     amounts determined with respect to any calendar quarter 
     during the period ending with such calendar quarter and 
     beginning with the first calendar quarter during the period 
     described in subparagraph (B), over
       ``(II) 50 percentage points.

       ``(iii) Gross receipts percentage point amounts.--For 
     purposes of this subparagraph, the term `gross receipts 
     percentage point amount' means, with respect to any calendar 
     quarter, the percentage (expressed as a number of percentage 
     points) obtained by dividing--

       ``(I) the gross receipts (within the meaning of 
     subparagraph (B)) for such calendar quarter, by
       ``(II) the gross receipts for the same calendar quarter in 
     calendar year 2019.''.

       (3) Gross receipts of tax-exempt organizations.--Section 
     2301(c)(2)(C) of the CARES Act is amended--
       (A) by striking ``of such Code, clauses (i) and (ii)(I)'' 
     and inserting ``of such Code--
       ``(i) clauses (i) and (ii)(I)'',
       (B) by striking the period at the end and inserting ``, 
     and'', and
       (C) by adding at the end the following new clause:
       ``(ii) any reference in this section to gross receipts 
     shall be treated as a reference to gross receipts within the 
     meaning of section 6033 of such Code.''.
       (f) Modification of Treatment of Health Plan Expenses.--
       (1) In general.--Section 2301(c)(5) of the CARES Act is 
     amended to read as follows:
       ``(5) Wages.--
       ``(A) In general.--The term `wages' means wages (as defined 
     in section 3121(a) of the Internal Revenue Code of 1986) and 
     compensation (as defined in section 3231(e) of such Code).
       ``(B) Allowance for certain health plan expenses.--
       ``(i) In general.--Such term shall include amounts paid or 
     incurred by the eligible employer to provide and maintain a 
     group health plan (as defined in section 5000(b)(1) of the 
     Internal Revenue Code of 1986), but only to the extent that 
     such amounts are excluded from the gross income of employees 
     by reason of section 106(a) of such Code.
       ``(ii) Allocation rules.--For purposes of this section, 
     amounts treated as wages under clause (i) shall be treated as 
     paid with respect to any employee (and with respect to any 
     period) to the extent that such amounts are properly 
     allocable to such employee (and to such period) in such 
     manner as the Secretary may prescribe. Except as otherwise 
     provided by the Secretary, such allocation shall be treated 
     as properly made if made on the basis of being pro rata among 
     periods of coverage.''.
       (2) Conforming amendment.--Section 2301(c)(3) of the CARES 
     Act is amended by striking subparagraph (C).

[[Page H5289]]

       (g) Qualified Wages Permitted to Include Amounts for Tip 
     Replacement.--Section 2301(c)(3)(B) of the CARES Act is 
     amended by inserting ``(including tips which would have been 
     deemed to be paid by the employer under section 3121(q))'' 
     after ``would have been paid''.
       (h) Certain Governmental Employers Eligible for Credit.--
       (1) In general.--Section 2301(f) of the CARES Act is 
     amended to read as follows:
       ``(f) Certain Governmental Employers.--
       ``(1) In general.--The credit under this section shall not 
     be allowed to the Federal Government or any agency or 
     instrumentality thereof.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     organization described in section 501(c)(1) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.
       ``(3) Special rules.--In the case of any State government, 
     Indian tribal government, or any agency, instrumentality, or 
     political subdivision of the foregoing--
       ``(A) clauses (i) and (ii)(I) of subsection (c)(2)(A) shall 
     apply to all operations of such entity, and
       ``(B) subclause (II) of subsection (c)(2)(A)(ii) shall not 
     apply.''.
       (2) Coordination with application of certain definitions.--
       (A) In general.--Section 2301(c)(5)(A) of the CARES Act, as 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following: ``For purposes of the 
     preceding sentence (other than for purposes of subsection 
     (b)(2)), wages as defined in section 3121(a) of the Internal 
     Revenue Code of 1986 shall be determined without regard to 
     paragraphs (1), (5), (6), (7), (8), (10), (13), (18), (19), 
     and (22) of section 3212(b) of such Code (except with respect 
     to services performed in a penal institution by an inmate 
     thereof).''.
       (B) Conforming amendments.--Sections 2301(c)(6) of the 
     CARES Act is amended by striking ``Any term'' and inserting 
     ``Except as otherwise provided in this section, any term''.
       (i) Coordination With Income Tax Credits.--Section 2301(h) 
     of the CARES Act, as amended by preceding provisions of this 
     Act, is amended--
       (1) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) Coordination with income tax credits.--Any wages 
     taken into account in determining the credit allowed under 
     this section shall not be taken into account as wages for 
     purposes of sections 41, 45A, 45B, 45P, 45S, 51, and 1396 of 
     the Internal Revenue 23 Code of 1986.'', and
       (2) by redesignating paragraph (3) as paragraph (2).
       (j) Application of Credit to Employers of Domestic 
     Workers.--
       (1) In general.--Section 2301(c)(2) of the CARES Act, as 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following new subparagraph:
       ``(E) Employers of domestic workers.--In the case of an 
     employer with one or more employees who perform domestic 
     service (within the meaning of section 3121(a)(7) of such 
     Code) in the private home of such employer, with respect to 
     such employees--
       ``(i) subparagraph (A) shall be applied--

       ``(I) by substituting `employing an employee who performs 
     domestic service in the private home of such employer' for 
     `carrying on a trade or business' in clause (i) thereof, and
       ``(II) by substituting `such employment' for `the operation 
     of the trade or business' in clause (ii)(I) thereof.

       ``(ii) subclause (II) of subparagraph (A)(ii) shall not 
     apply, and
       ``(iii) such employer shall be treated as a large 
     employer.''.
       (2) Denial of double benefit.--Section 2301(h)(1) of the 
     CARES Act, as amended by the preceding provisions of this 
     Act, is further amended--
       (A) by striking ``shall not be taken into account as 
     wages'' and inserting ``shall not be taken into account as--
       ``(A) wages'',
       (B) by striking the period at the end and inserting ``, 
     and'', and
       (C) by adding at the end the following:
       ``(B) if such wages are paid for domestic service described 
     in subsection (c)(2)(E), as employment-related expenses for 
     purposes of section 21 of such Code.
     In the case of any individual who pays wages for domestic 
     service described in subsection (c)(2)(E) and receives a 
     reimbursement for such wages which is excludible from gross 
     income under section 129 of such Code, such wages shall not 
     be treated as qualified wages for purposes of this 
     section.''.
       (k) Coordination With Government Grants.--Section 2301(h) 
     of the CARES Act, as amended by the preceding provisions of 
     this Act, is further amended by adding at the end the 
     following new paragraph:
       ``(3) Coordination with government grants.--Qualified wages 
     shall not be taken into account under this section to the 
     extent that grants (or similar amounts) are provided by the 
     Federal government for purposes of paying or reimbursing 
     expenses for such wages.''.
       (l) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 2301 of the CARES 
     Act.

     SEC. 202. CERTAIN LOAN FORGIVENESS AND OTHER BUSINESS 
                   FINANCIAL ASSISTANCE UNDER CARES ACT NOT 
                   INCLUDIBLE IN GROSS INCOME.

       (a) United States Treasury Program Management Authority.--
     For purposes of the Internal Revenue Code of 1986, no amount 
     shall be included in gross income by reason of loan 
     forgiveness described in section 1109(d)(2)(D) of the CARES 
     Act.
       (b) Emergency EIDL Grants.--For purposes of the Internal 
     Revenue Code of 1986, any advance described in section 
     1110(e) of the CARES Act shall not be included in the gross 
     income of the person that receives such advance.
       (c) Subsidy for Certain Loan Payments.--For purposes of the 
     Internal Revenue Code of 1986, any payment described in 
     section 1112(c) of the CARES Act shall not be included in the 
     gross income of the person on whose behalf such payment is 
     made.
       (d) RESTAURANTS Grants.--For purposes of the Internal 
     Revenue Code of 1986, any grants (or similar amounts) made to 
     an eligible entity under the RESTAURANTS Act of 2020 shall 
     not be included in the gross income of such entity.
       (e) Effective Date.--(1) Subsections (a), (b), and (c) 
     shall apply to taxable years ending after the date of the 
     enactment of the CARES Act.
       (2) Restaurants grants.--Subsection (d) shall apply to 
     taxable years ending after the date of the enactment of the 
     RESTAURANTS Act of 2020.

     SEC. 203. CLARIFICATION OF TREATMENT OF EXPENSES PAID OR 
                   INCURRED WITH PROCEEDS FROM CERTAIN GRANTS AND 
                   LOANS.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986 and notwithstanding any other provision of law, any 
     deduction and the basis of any property shall be determined 
     without regard to whether any amount is excluded from gross 
     income under section 202 of this Act or section 1106(i) of 
     the CARES Act.
       (b) Clarification of Exclusion of Loan Forgiveness.--
     Section 1106(i) of the CARES Act is amended to read as 
     follows:
       ``(i) Taxability.--For purposes of the Internal Revenue 
     Code of 1986, no amount shall be included in the gross income 
     of the eligible recipient by reason of forgiveness of 
     indebtedness described in subsection (b).''.
       (c) Effective Date.--Subsection (a) and the amendment made 
     by subsection (b) shall apply to taxable years ending after 
     the date of the enactment of the CARES Act.

                    TITLE III--NET OPERATING LOSSES

     SEC. 301. LIMITATION ON EXCESS BUSINESS LOSSES OF NON-
                   CORPORATE TAXPAYERS RESTORED AND MADE 
                   PERMANENT.

       (a) In General.--Section 461(l)(1) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(1) Limitation.--In the case of a taxpayer other than a 
     corporation, any excess business loss of the taxpayer shall 
     not be allowed.''.
       (b) Farming Losses.--Section 461 of such Code is amended by 
     striking subsection (j).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF NET 
                   OPERATING LOSSES ARISING IN 2019 AND 2020.

       (a) Carryback of Losses Arising in 2019 and 2020.--
       (1) In general.--Section 172(b)(1)(D)(i) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(i) In general.--In the case of any net operating loss 
     arising in a taxable year beginning after December 31, 2018, 
     and before January 1, 2021, and to which subparagraphs (B) 
     and (C)(i) do not apply, such loss shall be a net operating 
     loss carryback to each taxable year preceding the taxable 
     year of such loss, but not to any taxable year beginning 
     before January 1, 2018.''.
       (2) Conforming amendments.--
       (A) The heading for section 172(b)(1)(D) of such Code is 
     amended by striking ``2018, 2019, and'' and inserting ``2019 
     and''.
       (B) Section 172(b)(1)(D) of such Code is amended by 
     striking clause (iii) and by redesignating clauses (iv) and 
     (v) as clauses (iii) and (iv), respectively.
       (C) Section 172(b)(1)(D)(iii) of such Code, as so 
     redesignated, is amended by striking ``(i)(I)'' and inserting 
     ``(i)''.
       (D) Section 172(b)(1)(D)(iv) of such Code, as so 
     redesignated, is amended--
       (i) by striking ``If the 5-year carryback period under 
     clause (i)(I)'' in subclause (I) and inserting ``If the 
     carryback period under clause (i)'', and
       (ii) by striking ``2018 or'' in subclause (II).
       (b) Disallowed for Certain Taxpayers.--Section 172(b)(1)(D) 
     of such Code, as amended by the preceding provisions of this 
     Act, is amended by adding at the end the following new 
     clauses:
       ``(v) Carryback disallowed for certain taxpayers.--Clause 
     (i) shall not apply with respect to any loss arising in a 
     taxable year in which--

       ``(I) the taxpayer (or any related person) is not allowed a 
     deduction under this chapter for the taxable year by reason 
     of section 162(m) or section 280G, or
       ``(II) the taxpayer (or any related person) is a specified 
     corporation for the taxable year.

       ``(vi) Specified corporation.--For purposes of clause (v)--

       ``(I) In general.--The term `specified corporation' means, 
     with respect to any taxable year, a corporation the fair 
     market value of the aggregate distributions (including 
     redemptions), measured as of the date of each such 
     distribution, of which during all taxable years ending after 
     December 31, 2017, exceed the sum of applicable stock issued 
     of such corporation and 5 percent of the fair market value of 
     the stock of such corporation as of the last day of the 
     taxable year.
       ``(II) Applicable stock issued.--The term `applicable stock 
     issued' means, with respect to any corporation, the aggregate 
     fair market value of stock (as of the issue date of such 
     stock) issued by the corporation during all taxable years 
     ending after December 31, 2017, in exchange for money or 
     property other than stock in such corporation.
       ``(III) Certain preferred stock disregarded.--For purposes 
     of subclause (I), stock

[[Page H5290]]

     described in section 1504(a)(4), and distributions (including 
     redemptions) with respect to such stock, shall be 
     disregarded.

       ``(vii) Related person.--For purposes of clause (v), a 
     person is a related person to a taxpayer if the related 
     person bears a relationship to the taxpayer specified in 
     section 267(b) or section 707(b)(1).''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     2303(b) of the Coronavirus Aid, Relief, and Economic Security 
     Act.

                   DIVISION G--RETIREMENT PROVISIONS

     SEC. 100. SHORT TITLE, ETC.

       (a) Short Title.--This division may be cited as the 
     ``Emergency Pension Plan Relief Act of 2020''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 100. Short title, etc.

            TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS

Sec. 101. Special partition relief.
Sec. 102. Repeal of benefit suspensions for multiemployer plans in 
              critical and declining status.
Sec. 103. Temporary delay of designation of multiemployer plans as in 
              endangered, critical, or critical and declining status.
Sec. 104. Temporary extension of the funding improvement and 
              rehabilitation periods for multiemployer pension plans in 
              critical and endangered status for 2020 or 2021.
Sec. 105. Adjustments to funding standard account rules.
Sec. 106. PBGC guarantee for participants in multiemployer plans.

           TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS

Sec. 201. Extended amortization for single employer plans.
Sec. 202. Extension of pension funding stabilization percentages for 
              single employer plans.

             TITLE III--OTHER RETIREMENT RELATED PROVISIONS

Sec. 301. Waiver of required minimum distributions for 2019.
Sec. 302. Waiver of 60-day rule in case of rollover of otherwise 
              required minimum distributions in 2019 or 2020.
Sec. 303. Exclusion of benefits provided to volunteer firefighters and 
              emergency medical responders made permanent.
Sec. 304. Application of special rules to money purchase pension plans.
Sec. 305. Grants to assist low-income women and survivors of domestic 
              violence in obtaining qualified domestic relations 
              orders.
Sec. 306. Modification of special rules for minimum funding standards 
              for community newspaper plans.
Sec. 307. Minimum rate of interest for certain determinations related 
              to life insurance contracts.

            TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS

     SEC. 101. SPECIAL PARTITION RELIEF.

       (a) Appropriation.--Section 4005 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1305) is amended by 
     adding at the end the following:
       ``(i)(1) An eighth fund shall be established for partition 
     assistance to multiemployer pension plans, as provided under 
     section 4233A, and to pay for necessary administrative and 
     operating expenses relating to such assistance.
       ``(2) There is appropriated from the general fund such 
     amounts as necessary for the costs of providing partition 
     assistance under section 4233A and necessary administrative 
     and operating expenses. The eighth fund established under 
     this subsection shall be credited with such amounts from time 
     to time as the Secretary of the Treasury determines 
     appropriate, from the general fund of the Treasury, and such 
     amounts shall remain available until expended.''.
       (b) Special Partition Authority.--The Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is 
     amended by inserting after section 4233 the following:

     ``SEC. 4233A. SPECIAL PARTITION RELIEF.

       ``(a) Special Partition Authority.--
       ``(1) In general.--Upon the application of a plan sponsor 
     of an eligible multiemployer plan for partition of the plan 
     under this section, the corporation shall order a partition 
     of the plan in accordance with this section.
       ``(2) Inapplicability of certain repayment obligation.--A 
     plan receiving partition assistance pursuant to this section 
     shall not be subject to repayment obligations under section 
     4261(b)(2).
       ``(b) Eligible Plans.--
       ``(1) In general.--For purposes of this section, a 
     multiemployer plan is an eligible multiemployer plan if--
       ``(A) the plan is in critical and declining status (within 
     the meaning of section 305(b)(6)) in any plan year beginning 
     in 2020 through 2024;
       ``(B) a suspension of benefits has been approved with 
     respect to the plan under section 305(e)(9) as of the date of 
     the enactment of this section;
       ``(C) in any plan year beginning in 2020 through 2024, the 
     plan is certified by the plan actuary to be in critical 
     status (within the meaning of section 305(b)(2)), has a 
     modified funded percentage of less than 40 percent, and has a 
     ratio of active to inactive participants which is less than 2 
     to 3; or
       ``(D) the plan is insolvent for purposes of section 418E of 
     the Internal Revenue Code of 1986 as of the date of enactment 
     of this section, if the plan became insolvent after December 
     16, 2014, and has not been terminated by such date of 
     enactment.
       ``(2) Modified funded percentage.--For purposes of 
     paragraph (1)(C), the term `modified funded percentage' means 
     the percentage equal to a fraction the numerator of which is 
     current value of plan assets (as defined in section 3(26) of 
     such Act) and the denominator of which is current liabilities 
     (as defined in section 431(c)(6)(D) of such Code and section 
     304(c)(6)(D) of such Act).
       ``(c) Applications for Special Partition.--
       ``(1) Guidance.--The corporation shall issue guidance 
     setting forth requirements for special partition applications 
     under this section not later than 120 days after the date of 
     the enactment of this section. In such guidance, the 
     corporation shall--
       ``(A) limit the materials required for a special partition 
     application to the minimum necessary to make a determination 
     on the application; and
       ``(B) provide for an alternate application for special 
     partition under this section, which may be used by a plan 
     that has been approved for a partition under section 4233 
     before the date of enactment of this section.
       ``(2) Temporary priority consideration of applications.--
       ``(A) In general.--The corporation may specify in guidance 
     under paragraph (1) that, during the first 2 years following 
     the date of enactment of this section, special partition 
     applications will be provided priority consideration, if--
       ``(i) the plan is likely to become insolvent within 5 years 
     of the date of enactment of this section;
       ``(ii) the corporation projects a plan to have a present 
     value of financial assistance payments under section 4261 
     that exceeds $1,000,000,000 if the special partition is not 
     ordered;
       ``(iii) the plan has implemented benefit suspensions under 
     section 305(e)(9) as of the date of the enactment of this 
     section; or
       ``(iv) the corporation determines it appropriate based on 
     other circumstances.
       ``(B) No effect on amount of assistance.--A plan that is 
     approved for special partition assistance under this section 
     shall not receive reduced special partition assistance on 
     account of not receiving priority consideration under 
     subparagraph (A).
       ``(3) Actuarial assumptions and other information.--The 
     corporation shall accept assumptions incorporated in a 
     multiemployer plan's determination that it is in critical 
     status or critical and declining status (within the meaning 
     of section 305(b)), or that the plan's modified funded 
     percentage is less than 40 percent, unless such assumptions 
     are clearly erroneous. The corporation may require such other 
     information as the corporation determines appropriate for 
     making a determination of eligibility and the amount of 
     special partition assistance necessary under this section.
       ``(4) Application deadline.--Any application by a plan for 
     special partition assistance under this section shall be 
     submitted no later than December 31, 2026, and any revised 
     application for special partition assistance shall be 
     submitted no later than December 31, 2027.
       ``(5) Notice of application.--Not later than 120 days after 
     the date of enactment of this section, the corporation shall 
     issue guidance requiring multiemployer plans to notify 
     participants and beneficiaries that the plan has applied for 
     partition under this section, after the corporation has 
     determined that the application is complete. Such notice 
     shall reference the special partition relief internet website 
     described in subsection (p).
       ``(d) Determinations on Applications.--A plan's application 
     for special partition under this section that is timely filed 
     in accordance with guidance issued under subsection (c)(1) 
     shall be deemed approved and the corporation shall issue a 
     special partition order unless the corporation notifies the 
     plan within 120 days of the filing of the application that 
     the application is incomplete or the plan is not eligible 
     under this section. Such notice shall specify the reasons the 
     plan is ineligible for a special partition or information 
     needed to complete the application. If a plan is denied 
     partition under this subsection, the plan may submit a 
     revised application under this section. Any revised 
     application for special partition submitted by a plan shall 
     be deemed approved unless the corporation notifies the plan 
     within 120 days of the filing of the revised application that 
     the application is incomplete or the plan is not eligible 
     under this section. A special partition order issued by the 
     corporation shall be effective no later than 120 days after a 
     plan's special partition application is approved by the 
     corporation or deemed approved.
       ``(e) Amount and Manner of Special Partition Assistance.--
       ``(1) In general.--The liabilities of an eligible 
     multiemployer plan that the corporation assumes pursuant to a 
     special partition order under this section shall be the 
     amount necessary for the plan to meet its funding goals 
     described in subsection (g).
       ``(2) No cap.--Liabilities assumed by the corporation 
     pursuant to a special partition order under this section 
     shall not be capped by the guarantee under section 4022A. The 
     corporation shall have discretion on how liabilities of the 
     plan are partitioned.
       ``(f) Successor Plan.--
       ``(1) In general.--The plan created by a special partition 
     order under this section is a successor plan to which section 
     4022A applies.
       ``(2) Plan sponsor and administrator.--The plan sponsor of 
     an eligible multiemployer plan prior to the special partition 
     and the administrator of such plan shall be the plan sponsor 
     and the administrator, respectively, of the plan created by 
     the partition.
       ``(g) Funding Goals.--

[[Page H5291]]

       ``(1) In general.--The funding goals of a multiemployer 
     plan eligible for partition under this section are both of 
     the following:
       ``(A) The plan will remain solvent over 30 years with no 
     reduction in a participant's or beneficiary's accrued benefit 
     (except to the extent of a reduction in accordance with 
     section 305(e)(8) adopted prior to the plan's application for 
     partition under this section).
       ``(B) The funded percentage of the plan (disregarding 
     partitioned benefits) at the end of the 30-year period is 
     projected to be 80 percent.
       ``(2) Basis.--The funding projections under paragraph (1) 
     shall be performed on a deterministic basis.
       ``(h) Restoration of Benefit Suspensions.--An eligible 
     multiemployer plan that is partitioned under this section 
     shall--
       ``(1) reinstate any benefits that were suspended under 
     section 305(e)(9) or section 4245(a), effective as of the 
     first month the special partition order is effective, for 
     participants or beneficiaries as of the effective date of the 
     partition; and
       ``(2) provide payments equal to the amount of benefits 
     previously suspended to any participants or beneficiaries in 
     pay status as of the effective date of the special partition, 
     payable in the form of a lump sum within 3 months of such 
     effective date or in equal monthly installments over a period 
     of 5 years, with no adjustment for interest.
       ``(i) Adjustment of Special Partition Assistance.--
       ``(1) In general.--Every 5 years, the corporation shall 
     adjust the special partition assistance described in 
     subsection (e) as necessary for the eligible multiemployer 
     plan to satisfy the funding goals described in subsection 
     (g). If the 30 year period described in subsection (g) has 
     lapsed, in applying this paragraph, 5 years shall be 
     substituted for 30 years.
       ``(2) Submission of information.--An eligible multiemployer 
     plan that is the subject of a special partition order under 
     subsection (a) shall submit such information as the 
     corporation may require to determine the amount of the 
     adjustment under paragraph (1).
       ``(3) Cessation of adjustments.--Adjustments under this 
     subsection with respect to special partition assistance for 
     an eligible multiemployer plan shall cease and the 
     corporation shall permanently assume liability for payment of 
     any benefits transferred to the successor plan (subject to 
     subsection (l)) beginning with the first plan year that the 
     funded percentage of the eligible multiemployer plan 
     (disregarding partitioned benefits) is at least 80 percent 
     and the plan's projected funded percentage for each of the 
     next 10 years is at least 80 percent. Any accumulated funding 
     deficiency of the plan (within the meaning of section 304(a)) 
     shall be reduced to zero as of the first day of the plan year 
     for which partition assistance is permanent under this 
     paragraph.
       ``(j) Conditions on Plans During Partition.--
       ``(1) In general.--The corporation may impose, by 
     regulation, reasonable conditions on an eligible 
     multiemployer plan that is partitioned under section (a) 
     relating to increases in future accrual rates and any 
     retroactive benefit improvements, allocation of plan assets, 
     reductions in employer contribution rates, diversion of 
     contributions to, and allocation of, expenses to other 
     retirement plans, and withdrawal liability.
       ``(2) Limitations.--The corporation shall not impose 
     conditions on an eligible multiemployer plan as a condition 
     of or following receipt of such partition assistance under 
     this section relating to--
       ``(A) any reduction in plan benefits (including benefits 
     that may be adjusted pursuant to section 305(e)(8));
       ``(B) plan governance, including selection of, removal of, 
     and terms of contracts with, trustees, actuaries, investment 
     managers, and other service providers; or
       ``(C) any funding rules relating to the plan that is 
     partitioned under this section.
       ``(3) Condition.--An eligible multiemployer plan that is 
     partitioned under subsection (a) shall continue to pay all 
     premiums due under section 4007 for participants and 
     beneficiaries in the plan created by a special partition 
     order until the plan year beginning after a cessation of 
     adjustments applies under subsection (i).
       ``(k) Withdrawal Liability.--An employer's withdrawal 
     liability for purposes of this title shall be calculated 
     taking into account any plan liabilities that are partitioned 
     under subsection (a) until the plan year beginning after the 
     expiration of 15 calendar years from the effective date of 
     the partition.
       ``(l) Cessation of Partition Assistance.--If a plan that 
     receives partition assistance under this section becomes 
     insolvent for purposes of section 418E of the Internal 
     Revenue Code of 1986, the plan shall no longer be eligible 
     for assistance under this section and shall be eligible for 
     assistance under section 4261.
       ``(m) Reporting.--An eligible multiemployer plan that 
     receives partition assistance under this section shall file 
     with the corporation a report, including the following 
     information, in such manner (which may include electronic 
     filing requirements) and at such time as the corporation 
     requires:
       ``(1) The funded percentage (as defined in section 
     305(j)(2)) as of the first day of such plan year, and the 
     underlying actuarial value of assets and liabilities taken 
     into account in determining such percentage.
       ``(2) The market value of the assets of the plan 
     (determined as provided in paragraph (1)) as of the last day 
     of the plan year preceding such plan year.
       ``(3) The total value of all contributions made by 
     employers and employees during the plan year preceding such 
     plan year.
       ``(4) The total value of all benefits paid during the plan 
     year preceding such plan year.
       ``(5) Cash flow projections for such plan year and the 9 
     succeeding plan years, and the assumptions used in making 
     such projections.
       ``(6) Funding standard account projections for such plan 
     year and the 9 succeeding plan years, and the assumptions 
     relied upon in making such projections.
       ``(7) The total value of all investment gains or losses 
     during the plan year preceding such plan year.
       ``(8) Any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction.
       ``(9) A list of employers that withdrew from the plan in 
     the plan year preceding such plan year, the payment schedule 
     with respect to such withdrawal liability, and the resulting 
     reduction in contributions.
       ``(10) A list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability.
       ``(11) Any material changes to benefits, accrual rates, or 
     contribution rates during the plan year preceding such plan 
     year, and whether such changes relate to the conditions of 
     the partition assistance.
       ``(12) Details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan.
       ``(13) The number of participants and beneficiaries during 
     the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries.
       ``(14) The information contained on the most recent annual 
     funding notice submitted by the plan under section 101(f).
       ``(15) The information contained on the most recent annual 
     return under section 6058 of the Internal Revenue Code of 
     1986 and actuarial report under section 6059 of such Code of 
     the plan.
       ``(16) Copies of the plan document and amendments, other 
     retirement benefit or ancillary benefit plans relating to the 
     plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the most recent 
     actuarial valuation report as of the plan year, financial 
     reports, and copies of the portions of collective bargaining 
     agreements relating to plan contributions, funding coverage, 
     or benefits, and such other information as the corporation 
     may reasonably require.
     Any information disclosed by a plan to the corporation that 
     could identify individual employers shall be confidential and 
     not subject to publication or disclosure.
       ``(n) Report to Congress.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section and annually thereafter, the board 
     of directors of the corporation shall submit to the Committee 
     on Health, Education, Labor, and Pensions and the Committee 
     on Finance of the Senate and the Committee on Education and 
     Labor and the Committee on Ways and Means of the House of 
     Representatives a detailed report on the implementation and 
     administration of this section. Such report shall include--
       ``(A) information on the name and number of multiemployer 
     plans that have applied for partition assistance under this 
     section;
       ``(B) the name and number of such plans that have been 
     approved for partition assistance under this section and the 
     name and number of the plans that have not been approved for 
     special partition assistance;
       ``(C) a detailed rationale for any decision by the 
     corporation to not approve an application for special 
     partition assistance;
       ``(D) the amount of special partition assistance provided 
     to eligible multiemployer plans (including amounts provided 
     on an individual plan basis and in the aggregate);
       ``(E) the name and number of the multiemployer plans that 
     restored benefit suspensions and provided lump sum or monthly 
     installment payments to participants or beneficiaries;
       ``(F) the amount of benefits that were restored and lump 
     sum or monthly installment payments that were paid (including 
     amounts provided on an individual plan basis and in the 
     aggregate);
       ``(G) the name and number of the plans that received 
     adjustments to partition assistance under subsection (i);
       ``(H) a list of, and rationale for, each reasonable 
     condition imposed by the corporation on plans approved for 
     special partition assistance under this section;
       ``(I) the contracts that have been awarded by the 
     corporation to implement or administer this section;
       ``(J) the number, purpose, and dollar amounts of the 
     contracts that have been awarded to implement or administer 
     the section;
       ``(K) a detailed summary of the reports required under 
     subsection (m); and
       ``(L) a detailed summary of the feedback received on the 
     pension relief internet website established under subsection 
     (p).
       ``(2) PBGC certification.--The board of directors of the 
     corporation shall include with the report under paragraph (1) 
     a certification and affirmation that the amount of special 
     partition assistance provided to each plan under this section 
     is the amount necessary to meet its funding goals under 
     subsection (g), including, if applicable, any adjustment of 
     special partition assistance as determined under subsection 
     (i).
       ``(3) Confidentiality.--Congress may publicize the reports 
     received under paragraph (1) only after redacting all 
     sensitive or proprietary information.
       ``(o) GAO Report.--Not later than 1 year after the first 
     partition application is approved

[[Page H5292]]

     by the corporation under this section, and biennially 
     thereafter, the Comptroller General of the United States 
     shall submit to the Committee on Health, Education, Labor, 
     and Pensions and the Committee on Finance of the Senate and 
     the Committee on Education and Labor and the Committee on 
     Ways and Means of the House of Representatives a detailed 
     report on the actions of the corporation to implement and 
     administer this section, including an examination of the 
     contracts awarded by such corporation to carry out this 
     section and an analysis of such corporation's compliance with 
     subsections (e) and (g).
       ``(p) Special Partition Relief Website.--
       ``(1) Establishment.--Not later than 120 days after the 
     date of enactment of this section, the corporation shall 
     establish and maintain a user-friendly, public-facing 
     internet website to foster greater accountability and 
     transparency in the implementation and administration of this 
     section.
       ``(2) Purpose.--The internet website established and 
     maintained under paragraph (1) shall be a portal to key 
     information relating to this section for multiemployer plan 
     administrators and trustees, plan participants, 
     beneficiaries, participating employers, other stakeholders, 
     and the public.
       ``(3) Content and function.--The internet website 
     established under paragraph (1) shall--
       ``(A) describe the nature and scope of the special 
     partition authority and assistance under this section in a 
     manner calculated to be understood by the average plan 
     participant;
       ``(B) include published guidance, regulations, and all 
     other relevant information on the implementation and 
     administration of this section;
       ``(C) include, with respect to plan applications for 
     special partition assistance--
       ``(i) a general description of the process by which 
     eligible plans can apply for special partition assistance, 
     information on how and when the corporation will process and 
     consider plan applications;
       ``(ii) information on how the corporation will address any 
     incomplete applications as specified in under this section;
       ``(iii) a list of the plans that have applied for special 
     partition assistance and, for each application, the date of 
     submission of a completed application;
       ``(iv) the text of each plan's completed application for 
     special partition assistance with appropriate redactions of 
     personal, proprietary, or sensitive information;
       ``(v) the estimated date that a decision will be made by 
     the corporation on each application;
       ``(vi) the actual date when such decision is made;
       ``(vii) the corporation's decision on each application; and
       ``(viii) as applicable, a detailed rationale for any 
     decision not to approve a plan's application for special 
     partition assistance;
       ``(D) provide detailed information on each contract 
     solicited and awarded to implement or administer this 
     section;
       ``(E) include reports, audits, and other relevant oversight 
     and accountability information on this section, including the 
     annual reports submitted by the board of directors of the 
     corporation to Congress required under subsection (n), the 
     Office of the Inspector General audits, correspondence, and 
     publications, and the Government Accountability Office 
     reports under subsection (o);
       ``(F) provide a clear means for multiemployer plan 
     administrators, plan participants, beneficiaries, other 
     stakeholders, and the public to contact the corporation and 
     provide feedback on the implementation and administration of 
     this section; and
       ``(G) be regularly updated to carry out the purposes of 
     this subsection.
       ``(q) Office of Inspector General.--There is authorized to 
     be appropriated to the corporation's Office of Inspector 
     General $24,000,000 for fiscal year 2020, which shall remain 
     available through September 30, 2028, for salaries and 
     expenses necessary for conducting investigations and audits 
     of the implementation and administration of this section.
       ``(r) Application of Excise Tax.--During the period that a 
     plan is subject to a partition order under this section and 
     prior to a cessation of adjustments pursuant to subsection 
     (i)(3), the plan shall not be subject to section 4971 of the 
     Internal Revenue Code of 1986.''.

     SEC. 102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTIEMPLOYER 
                   PLANS IN CRITICAL AND DECLINING STATUS.

       (a) Amendment to Internal Revenue Code of 1986.--Paragraph 
     (9) of section 432(e) of the Internal Revenue Code of 1986 is 
     repealed.
       (b) Amendment to Employee Retirement Income Security Act of 
     1974.--Paragraph (9) of section 305(e) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)) is 
     repealed.
       (c) Effective Date.--The repeals made by this section shall 
     not apply to plans that have been approved for a suspension 
     of benefit under section 432(e)(9)(G) of the Internal Revenue 
     Code of 1986 and section 305(e)(9)(G) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1085(e)(9)(G)) before the date of the enactment of this Act.

     SEC. 103. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER 
                   PLANS AS IN ENDANGERED, CRITICAL, OR CRITICAL 
                   AND DECLINING STATUS.

       (a) In General.--Notwithstanding the actuarial 
     certification under section 305(b)(3) of the Employee 
     Retirement Income Security Act of 1974 and section 432(b)(3) 
     of the Internal Revenue Code of 1986, if a plan sponsor of a 
     multiemployer plan elects the application of this section, 
     then, for purposes of section 305 of such Act and section 432 
     of such Code--
       (1) the status of the plan for its first plan year 
     beginning during the period beginning on March 1, 2020, and 
     ending on February 28, 2021, or the next succeeding plan year 
     (as designated by the plan sponsor in such election), shall 
     be the same as the status of such plan under such sections 
     for the plan year preceding such designated plan year, and
       (2) in the case of a plan which was in endangered or 
     critical status for the plan year preceding the designated 
     plan year described in paragraph (1), the plan shall not be 
     required to update its plan or schedules under section 
     305(c)(6) of such Act and section 432(c)(6) of such Code, or 
     section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of 
     such Code, whichever is applicable, until the plan year 
     following the designated plan year described in paragraph 
     (1).
     If section 305 of the Employee Retirement Income Security Act 
     of 1974 and section 432 of the Internal Revenue Code of 1986 
     did not apply to the plan year preceding the designated plan 
     year described in paragraph (1), the plan actuary shall make 
     a certification of the status of the plan under section 
     305(b)(3) of such Act and section 432(b)(3) of such Code for 
     the preceding plan year in the same manner as if such 
     sections had applied to such preceding plan year.
       (b) Exception for Plans Becoming Critical During 
     Election.--If--
       (1) an election was made under subsection (a) with respect 
     to a multiemployer plan, and
       (2) such plan has, without regard to such election, been 
     certified by the plan actuary under section 305(b)(3) of the 
     Employee Retirement Income Security Act of 1974 and section 
     432(b)(3) of the Internal Revenue Code of 1986 to be in 
     critical status for the designated plan year described in 
     subsection (a)(1), then such plan shall be treated as a plan 
     in critical status for such plan year for purposes of 
     applying section 4971(g)(1)(A) of such Code, section 
     302(b)(3) of such Act (without regard to the second sentence 
     thereof), and section 412(b)(3) of such Code (without regard 
     to the second sentence thereof).
       (c) Election and Notice.--
       (1) Election.--An election under subsection (a)--
       (A) shall be made at such time and in such manner as the 
     Secretary of the Treasury or the Secretary's delegate may 
     prescribe and, once made, may be revoked only with the 
     consent of the Secretary, and
       (B) if made--
       (i) before the date the annual certification is submitted 
     to the Secretary or the Secretary's delegate under section 
     305(b)(3) of such Act and section 432(b)(3) of such Code, 
     shall be included with such annual certification, and
       (ii) after such date, shall be submitted to the Secretary 
     or the Secretary's delegate not later than 30 days after the 
     date of the election.
       (2) Notice to participants.--
       (A) In general.--Notwithstanding section 305(b)(3)(D) of 
     the Employee Retirement Income Security Act of 1974 and 
     section 432(b)(3)(D) of the Internal Revenue Code of 1986, if 
     the plan is neither in endangered nor critical status by 
     reason of an election made under subsection (a)--
       (i) the plan sponsor of a multiemployer plan shall not be 
     required to provide notice under such sections, and
       (ii) the plan sponsor shall provide to the participants and 
     beneficiaries, the bargaining parties, the Pension Benefit 
     Guaranty Corporation, and the Secretary of Labor a notice of 
     the election under subsection (a) and such other information 
     as the Secretary of the Treasury (in consultation with the 
     Secretary of Labor) may require--

       (I) if the election is made before the date the annual 
     certification is submitted to the Secretary or the 
     Secretary's delegate under section 305(b)(3) of such Act and 
     section 432(b)(3) of such Code, not later than 30 days after 
     the date of the certification, and
       (II) if the election is made after such date, not later 
     than 30 days after the date of the election.

       (B) Notice of endangered status.--Notwithstanding section 
     305(b)(3)(D) of such Act and section 432(b)(3)(D) of such 
     Code, if the plan is certified to be in critical status for 
     any plan year but is in endangered status by reason of an 
     election made under subsection (a), the notice provided under 
     such sections shall be the notice which would have been 
     provided if the plan had been certified to be in endangered 
     status.

     SEC. 104. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND 
                   REHABILITATION PERIODS FOR MULTIEMPLOYER 
                   PENSION PLANS IN CRITICAL AND ENDANGERED STATUS 
                   FOR 2020 OR 2021.

       (a) In General.--If the plan sponsor of a multiemployer 
     plan which is in endangered or critical status for a plan 
     year beginning in 2020 or 2021 (determined after application 
     of section 4) elects the application of this section, then, 
     for purposes of section 305 of the Employee Retirement Income 
     Security Act of 1974 and section 432 of the Internal Revenue 
     Code of 1986--
       (1) except as provided in paragraph (2), the plan's funding 
     improvement period or rehabilitation period, whichever is 
     applicable, shall be 15 years rather than 10 years, and
       (2) in the case of a plan in seriously endangered status, 
     the plan's funding improvement period shall be 20 years 
     rather than 15 years.
       (b) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Election.--An election under this section shall be made 
     at such time, and in such manner and form, as (in 
     consultation with the Secretary of Labor) the Secretary of 
     the Treasury or the Secretary's delegate may prescribe.
       (2) Definitions.--Any term which is used in this section 
     which is also used in section 305 of the Employee Retirement 
     Income Security Act of 1974 and section 432 of the Internal 
     Revenue Code of 1986 shall have the same meaning as when used 
     in such sections.
       (c) Effective Date.--This section shall apply to plan years 
     beginning after December 31, 2019.

[[Page H5293]]

  


     SEC. 105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES.

       (a) Adjustments.--
       (1) Amendment to employee retirement income security act of 
     1974.--Section 304(b)(8) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding 
     at the end the following new subparagraph:
       ``(F) Relief for 2020 and 2021.--A multiemployer plan with 
     respect to which the solvency test under subparagraph (C) is 
     met as of February 29, 2020, may elect to apply this 
     paragraph by substituting `February 29, 2020' for `August 31, 
     2008' each place it appears in subparagraphs (A)(i), 
     (B)(i)(I), and (B)(i)(II) (without regard to whether such 
     plan previously elected the application of this paragraph). 
     The preceding sentence shall not apply to a plan with respect 
     to which a partition order is in effect under section 
     4233A.''.
       (2) Amendment to internal revenue code of 1986.--Section 
     431(b)(8) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(F) Relief for 2020 and 2021.--A multiemployer plan with 
     respect to which the solvency test under subparagraph (C) is 
     met as of February 29, 2020, may elect to apply this 
     paragraph by substituting `February 29, 2020' for `August 31, 
     2008' each place it appears in subparagraphs (A)(i), 
     (B)(i)(I), and (B)(i)(II) (without regard to whether such 
     plan previously elected the application of this paragraph). 
     The preceding sentence shall not apply to a plan with respect 
     to which a partition order is in effect under section 4233A 
     of the Employee Retirement Income Security Act of 1974.''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     take effect as of the first day of the first plan year ending 
     on or after February 29, 2020, except that any election a 
     plan makes pursuant to this section that affects the plan's 
     funding standard account for the first plan year beginning 
     after February 29, 2020, shall be disregarded for purposes of 
     applying the provisions of section 305 of the Employee 
     Retirement Income Security Act of 1974 and section 432 of the 
     Internal Revenue Code of 1986 to such plan year.
       (2) Restrictions on benefit increases.--Notwithstanding 
     paragraph (1), the restrictions on plan amendments increasing 
     benefits in sections 304(b)(8)(D) of such Act and 
     431(b)(8)(D) of such Code, as applied by the amendments made 
     by this section, shall take effect on the date of enactment 
     of this Act.

     SEC. 106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTIEMPLOYER 
                   PLANS.

       Section 4022A(c)(1) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) 100 percent of the accrual rate up to $15, plus 75 
     percent of the lesser of--
       ``(i) $70; or
       ``(ii) the accrual rate, if any, in excess of $15; and
       ``(B) the number of the participant's years of credited 
     service.
     For each calendar year after the first full calendar year 
     following the date of the enactment of the Emergency Pension 
     Plan Relief Act, the accrual rates in subparagraph (A) shall 
     increase by the national average wage index (as defined in 
     section 209(k)(1) of the Social Security Act). For purposes 
     of this subsection, the rates applicable for determining the 
     guaranteed benefits of the participants of any plan shall be 
     the rates in effect for the calendar year in which the plan 
     becomes insolvent under section 4245 or the calendar year in 
     which the plan is terminated, if earlier.''.

           TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS

     SEC. 201. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS.

       (a) 15-year Amortization Under the Internal Revenue Code of 
     1986.--Section 430(c) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(8) 15-year amortization.--With respect to plan years 
     beginning after December 31, 2019--
       ``(A) the shortfall amortization bases for all plan years 
     preceding the first plan year beginning after December 31, 
     2019 (and all shortfall amortization installments determined 
     with respect to such bases) shall be reduced to zero, and
       ``(B) subparagraphs (A) and (B) of paragraph (2) shall each 
     be applied by substituting `15-plan-year period' for `7-plan-
     year period'.''.
       (b) 15-year Amortization Under the Employee Retirement 
     Income Security Act of 1974.--Section 303(c) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is 
     amended by adding at the end the following new paragraph:
       ``(8) 15-year amortization.--With respect to plan years 
     beginning after December 31, 2019--
       ``(A) the shortfall amortization bases for all plan years 
     preceding the first plan year beginning after December 31, 
     2019 (and all shortfall amortization installments determined 
     with respect to such bases) shall be reduced to zero, and
       ``(B) subparagraphs (A) and (B) of paragraph (2) shall each 
     be applied by substituting `15-plan-year period' for `7-plan-
     year period'.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2019.

     SEC. 202. EXTENSION OF PENSION FUNDING STABILIZATION 
                   PERCENTAGES FOR SINGLE EMPLOYER PLANS.

       (a) Amendments to Internal Revenue Code of 1986.--
       (1) In general.--The table contained in subclause (II) of 
     section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 
     is amended to read as follows:


------------------------------------------------------------------------
                                                    The          The
                                                 applicable   applicable
          ``If the calendar year is:              minimum      maximum
                                                 percentage   percentage
                                                    is:          is:
------------------------------------------------------------------------
Any year in the period starting in 2012 and             90%         110%
 ending in 2019...............................
Any year in the period starting in 2020 and             95%         105%
 ending in 2025...............................
2026..........................................          90%         110%
2027..........................................          85%         115%
2028..........................................          80%         120%
2029..........................................          75%         125%
After 2029....................................          70%     130%.''.
------------------------------------------------------------------------

       (2) Floor on 25-year averages.--Subclause (I) of section 
     430(h)(2)(C)(iv) of such Code is amended by adding at the end 
     the following: ``Notwithstanding anything in this subclause, 
     if the average of the first, second, or third segment rate 
     for any 25-year period is less than 5 percent, such average 
     shall be deemed to be 5 percent.''.
       (b) Amendments to Employee Retirement Income Security Act 
     of 1974.--
       (1) In general.--The table contained in subclause (II) of 
     section 303(h)(2)(C)(iv) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is 
     amended to read as follows:


------------------------------------------------------------------------
                                                    The          The
                                                 applicable   applicable
          ``If the calendar year is:              minimum      maximum
                                                 percentage   percentage
                                                    is:          is:
------------------------------------------------------------------------
Any year in the period starting in 2012 and             90%         110%
 ending in 2019...............................
Any year in the period starting in 2020 and             95%         105%
 ending in 2025...............................
2026..........................................          90%         110%
2027..........................................          85%         115%
2028..........................................          80%         120%
2029..........................................          75%         125%
After 2029....................................          70%     130%.''.
------------------------------------------------------------------------

       (2) Conforming amendments.--
       (A) In general.--Section 101(f)(2)(D) of such Act (29 
     U.S.C. 1021(f)(2)(D)) is amended--
       (i) in clause (i) by striking ``and the Bipartisan Budget 
     Act of 2015'' both places it appears and inserting ``, the 
     Bipartisan Budget Act of 2015, and the Emergency Pension Plan 
     Relief Act'', and
       (ii) in clause (ii) by striking ``2023'' and inserting 
     ``2029''.
       (B) Statements.--The Secretary of Labor shall modify the 
     statements required under subclauses (I) and (II) of section 
     101(f)(2)(D)(i) of such Act to conform to the amendments made 
     by this section.
       (3) Floor on 25-year averages.--Subclause (I) of section 
     303(h)(2)(C)(iv) of such Act (29 U.S.C. 
     1083(h)(2)(C)(iv)(II)) is amended by adding at the end the 
     following: ``Notwithstanding anything in this subclause, if 
     the average of the

[[Page H5294]]

     first, second, or third segment rate for any 25-year period 
     is less than 5 percent, such average shall be deemed to be 5 
     percent.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning after 
     December 31, 2019.

             TITLE III--OTHER RETIREMENT RELATED PROVISIONS

     SEC. 301. WAIVER OF REQUIRED MINIMUM DISTRIBUTIONS FOR 2019.

       (a) In General.--Section 401(a)(9)(I)(i) of the Internal 
     Revenue Code of 1986 is amended by striking ``calendar year 
     2020'' and inserting ``calendar years 2019 and 2020''.
       (b) Eligible Rollover Distributions.--Section 402(c)(4) of 
     such Code is amended by striking ``2020'' each place it 
     appears in the last sentence and inserting ``2019 or 2020''.
       (c) Conforming Amendments.--Section 401(a)(9)(I) of such 
     Code is amended--
       (1) by striking clause (ii) and redesignating clause (iii) 
     as clause (ii), and
       (2) by striking ``calendar year 2020'' in clause (ii)(II), 
     as so redesignated, and inserting ``calendar years 2019 and 
     2020''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     2203 of the Coronavirus Aid, Relief, and Economic Security 
     Act, except that subparagraph (c)(1) thereof shall be applied 
     by substituting ``December 31, 2018'' for ``December 31, 
     2019''.

     SEC. 302. WAIVER OF 60-DAY RULE IN CASE OF ROLLOVER OF 
                   OTHERWISE REQUIRED MINIMUM DISTRIBUTIONS IN 
                   2019 OR 2020.

       (a) Qualified Trusts.--402(c)(3) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Exception for rollover of otherwise required minimum 
     distributions in 2019 or 2020.--In the case of an eligible 
     rollover distribution described in the second sentence of 
     paragraph (4), subparagraph (A) shall not apply to any 
     transfer of such distribution made before December 1, 
     2020.''.
       (b) Individual Retirement Accounts.--Section 408(d)(3) of 
     such Code is amended by adding at the end the following new 
     subparagraph:
       ``(J) Waiver of 60-day rule and once per-year limitation 
     for certain 2019 and 2020 rollovers.--In the case of a 
     distribution during 2019 or 2020 to which, under subparagraph 
     (E), this paragraph would not have applied had the minimum 
     distribution requirements of section 401(a)(9) applied during 
     such years, the 60-day requirement under subparagraph (A) and 
     the limitation under subparagraph (B) shall not apply to such 
     distribution to the extent the amount is paid into an 
     individual retirement account, individual retirement annuity 
     (other than an endowment contract), or eligible retirement 
     plan (as defined in subparagraph (A)) as otherwise required 
     under such subparagraph before December 1, 2020.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2018.

     SEC. 303. EXCLUSION OF BENEFITS PROVIDED TO VOLUNTEER 
                   FIREFIGHTERS AND EMERGENCY MEDICAL RESPONDERS 
                   MADE PERMANENT.

       (a) In General.--Section 139B of the Internal Revenue Code 
     of 1986 is amended by striking subsection (d).
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 304. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE 
                   PENSION PLANS.

       Section 2202(a)(6)(B) of the Coronavirus Aid, Relief, and 
     Economic Security Act is amended by inserting ``, and, in the 
     case of a money purchase pension plan, a coronavirus-related 
     distribution which is an in-service withdrawal shall be 
     treated as meeting the distribution rules of section 401(a) 
     of such Code'' before the period.

     SEC. 305. GRANTS TO ASSIST LOW-INCOME WOMEN AND SURVIVORS OF 
                   DOMESTIC VIOLENCE IN OBTAINING QUALIFIED 
                   DOMESTIC RELATIONS ORDERS.

       (a) Authorization of Grant Awards.--The Secretary of Labor, 
     acting through the Director of the Women's Bureau and in 
     conjunction with the Assistant Secretary of the Employee 
     Benefits Security Administration, shall award grants, on a 
     competitive basis, to eligible entities to enable such 
     entities to assist low-income women and survivors of domestic 
     violence in obtaining qualified domestic relations orders and 
     ensuring that those women actually obtain the benefits to 
     which they are entitled through those orders.
       (b) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means a community-based organization 
     with proven experience and expertise in serving women and the 
     financial and retirement needs of women.
       (c) Application.--An eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary of Labor at such time, in such 
     manner, and accompanied by such information as the Secretary 
     of Labor may require.
       (d) Minimum Grant Amount.--The Secretary of Labor shall 
     award grants under this section in amounts of not less than 
     $250,000.
       (e) Use of Funds.--An eligible entity that receives a grant 
     under this section shall use the grant funds to develop 
     programs to offer help to low-income women or survivors of 
     domestic violence who need assistance in preparing, 
     obtaining, and effectuating a qualified domestic relations 
     order.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     fiscal year 2020 and each succeeding fiscal year.

     SEC. 306. MODIFICATION OF SPECIAL RULES FOR MINIMUM FUNDING 
                   STANDARDS FOR COMMUNITY NEWSPAPER PLANS.

       (a) Amendment to Internal Revenue Code of 1986.--Subsection 
     (m) of section 430 of the Internal Revenue Code of 1986, as 
     added by the Setting Every Community Up for Retirement 
     Enhancement Act of 2019, is amended to read as follows:
       ``(m) Special Rules for Community Newspaper Plans.--
       ``(1) In general.--An eligible newspaper plan sponsor of a 
     plan under which no participant has had the participant's 
     accrued benefit increased (whether because of service or 
     compensation) after April 2, 2019, may elect to have the 
     alternative standards described in paragraph (4) apply to 
     such plan.
       ``(2) Eligible newspaper plan sponsor.--The term `eligible 
     newspaper plan sponsor' means the plan sponsor of--
       ``(A) any community newspaper plan, or
       ``(B) any other plan sponsored, as of April 2, 2019, by a 
     member of the same controlled group of a plan sponsor of a 
     community newspaper plan if such member is in the trade or 
     business of publishing 1 or more newspapers.
       ``(3) Election.--An election under paragraph (1) shall be 
     made at such time and in such manner as prescribed by the 
     Secretary. Such election, once made with respect to a plan 
     year, shall apply to all subsequent plan years unless revoked 
     with the consent of the Secretary.
       ``(4) Alternative minimum funding standards.--The 
     alternative standards described in this paragraph are the 
     following:
       ``(A) Interest rates.--
       ``(i) In general.--Notwithstanding subsection (h)(2)(C) and 
     except as provided in clause (ii), the first, second, and 
     third segment rates in effect for any month for purposes of 
     this section shall be 8 percent.
       ``(ii) New benefit accruals.--Notwithstanding subsection 
     (h)(2), for purposes of determining the funding target and 
     normal cost of a plan for any plan year, the present value of 
     any benefits accrued or earned under the plan for a plan year 
     with respect to which an election under paragraph (1) is in 
     effect shall be determined on the basis of the United States 
     Treasury obligation yield curve for the day that is the 
     valuation date of such plan for such plan year.
       ``(iii) United states treasury obligation yield curve.--For 
     purposes of this subsection, the term `United States Treasury 
     obligation yield curve' means, with respect to any day, a 
     yield curve which shall be prescribed by the Secretary for 
     such day on interest-bearing obligations of the United 
     States.
       ``(B) Shortfall amortization base.--
       ``(i) Previous shortfall amortization bases.--The shortfall 
     amortization bases determined under subsection (c)(3) for all 
     plan years preceding the first plan year to which the 
     election under paragraph (1) applies (and all shortfall 
     amortization installments determined with respect to such 
     bases) shall be reduced to zero under rules similar to the 
     rules of subsection (c)(6).
       ``(ii) New shortfall amortization base.--Notwithstanding 
     subsection (c)(3), the shortfall amortization base for the 
     first plan year to which the election under paragraph (1) 
     applies shall be the funding shortfall of such plan for such 
     plan year (determined using the interest rates as modified 
     under subparagraph (A)).
       ``(C) Determination of shortfall amortization 
     installments.--
       ``(i) 30-year period.--Subparagraphs (A) and (B) of 
     subsection (c)(2) shall be applied by substituting `30-plan-
     year' for `7-plan-year' each place it appears.
       ``(ii) No special election.--The election under 
     subparagraph (D) of subsection (c)(2) shall not apply to any 
     plan year to which the election under paragraph (1) applies.
       ``(D) Exemption from at-risk treatment.--Subsection (i) 
     shall not apply.
       ``(5) Community newspaper plan.--For purposes of this 
     subsection--
       ``(A) In general.--The term `community newspaper plan' 
     means any plan to which this section applies maintained as of 
     December 31, 2018, by an employer which--
       ``(i) maintains the plan on behalf of participants and 
     beneficiaries with respect to employment in the trade or 
     business of publishing 1 or more newspapers which were 
     published by the employer at any time during the 11-year 
     period ending on the date of the enactment of this 
     subsection,
       ``(ii)(I) is not a company the stock of which is publicly 
     traded (on a stock exchange or in an over-the-counter 
     market), and is not controlled, directly or indirectly, by 
     such a company, or
       ``(II) is controlled, directly or indirectly, during the 
     entire 30-year period ending on the date of the enactment of 
     this subsection by individuals who are members of the same 
     family, and does not publish or distribute a daily newspaper 
     that is carrier-distributed in printed form in more than 5 
     States, and
       ``(iii) is controlled, directly or indirectly--

       ``(I) by 1 or more persons residing primarily in a State in 
     which the community newspaper has been published on newsprint 
     or carrier-distributed,
       ``(II) during the entire 30-year period ending on the date 
     of the enactment of this subsection by individuals who are 
     members of the same family,
       ``(III) by 1 or more trusts, the sole trustees of which are 
     persons described in subclause (I) or (II), or
       ``(IV) by a combination of persons described in subclause 
     (I), (II), or (III).

       ``(B) Newspaper.--The term `newspaper' does not include any 
     newspaper (determined without regard to this subparagraph) to 
     which any of the following apply:
       ``(i) Is not in general circulation.
       ``(ii) Is published (on newsprint or electronically) less 
     frequently than 3 times per week.
       ``(iii) Has not ever been regularly published on newsprint.

[[Page H5295]]

       ``(iv) Does not have a bona fide list of paid subscribers.
       ``(C) Control.--A person shall be treated as controlled by 
     another person if such other person possesses, directly or 
     indirectly, the power to direct or cause the direction and 
     management of such person (including the power to elect a 
     majority of the members of the board of directors of such 
     person) through the ownership of voting securities.
       ``(6) Controlled group.--For purposes of this subsection, 
     the term `controlled group' means all persons treated as a 
     single employer under subsection (b), (c), (m), or (o) of 
     section 414 as of the date of the enactment of this 
     subsection.''.
       (b) Amendment to Employee Retirement Income Security Act of 
     1974.--Subsection (m) of section 303 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1083(m)), 
     as added by the Setting Every Community Up for Retirement 
     Enhancement Act of 2019, is amended to read as follows:
       ``(m) Special Rules for Community Newspaper Plans.--
       ``(1) In general.--An eligible newspaper plan sponsor of a 
     plan under which no participant has had the participant's 
     accrued benefit increased (whether because of service or 
     compensation) after April 2, 2019, may elect to have the 
     alternative standards described in paragraph (4) apply to 
     such plan.
       ``(2) Eligible newspaper plan sponsor.--The term `eligible 
     newspaper plan sponsor' means the plan sponsor of--
       ``(A) any community newspaper plan, or
       ``(B) any other plan sponsored, as of April 2, 2019, by a 
     member of the same controlled group of a plan sponsor of a 
     community newspaper plan if such member is in the trade or 
     business of publishing 1 or more newspapers.
       ``(3) Election.--An election under paragraph (1) shall be 
     made at such time and in such manner as prescribed by the 
     Secretary of the Treasury. Such election, once made with 
     respect to a plan year, shall apply to all subsequent plan 
     years unless revoked with the consent of the Secretary of the 
     Treasury.
       ``(4) Alternative minimum funding standards.--The 
     alternative standards described in this paragraph are the 
     following:
       ``(A) Interest rates.--
       ``(i) In general.--Notwithstanding subsection (h)(2)(C) and 
     except as provided in clause (ii), the first, second, and 
     third segment rates in effect for any month for purposes of 
     this section shall be 8 percent.
       ``(ii) New benefit accruals.--Notwithstanding subsection 
     (h)(2), for purposes of determining the funding target and 
     normal cost of a plan for any plan year, the present value of 
     any benefits accrued or earned under the plan for a plan year 
     with respect to which an election under paragraph (1) is in 
     effect shall be determined on the basis of the United States 
     Treasury obligation yield curve for the day that is the 
     valuation date of such plan for such plan year.
       ``(iii) United states treasury obligation yield curve.--For 
     purposes of this subsection, the term `United States Treasury 
     obligation yield curve' means, with respect to any day, a 
     yield curve which shall be prescribed by the Secretary of the 
     Treasury for such day on interest-bearing obligations of the 
     United States.
       ``(B) Shortfall amortization base.--
       ``(i) Previous shortfall amortization bases.--The shortfall 
     amortization bases determined under subsection (c)(3) for all 
     plan years preceding the first plan year to which the 
     election under paragraph (1) applies (and all shortfall 
     amortization installments determined with respect to such 
     bases) shall be reduced to zero under rules similar to the 
     rules of subsection (c)(6).
       ``(ii) New shortfall amortization base.--Notwithstanding 
     subsection (c)(3), the shortfall amortization base for the 
     first plan year to which the election under paragraph (1) 
     applies shall be the funding shortfall of such plan for such 
     plan year (determined using the interest rates as modified 
     under subparagraph (A)).
       ``(C) Determination of shortfall amortization 
     installments.--
       ``(i) 30-year period.--Subparagraphs (A) and (B) of 
     subsection (c)(2) shall be applied by substituting `30-plan-
     year' for `7-plan-year' each place it appears.
       ``(ii) No special election.--The election under 
     subparagraph (D) of subsection (c)(2) shall not apply to any 
     plan year to which the election under paragraph (1) applies.
       ``(D) Exemption from at-risk treatment.--Subsection (i) 
     shall not apply.
       ``(5) Community newspaper plan.--For purposes of this 
     subsection--
       ``(A) In general.--The term `community newspaper plan' 
     means a plan to which this section applies maintained as of 
     December 31, 2018, by an employer which--
       ``(i) maintains the plan on behalf of participants and 
     beneficiaries with respect to employment in the trade or 
     business of publishing 1 or more newspapers which were 
     published by the employer at any time during the 11-year 
     period ending on the date of the enactment of this 
     subsection,
       ``(ii)(I) is not a company the stock of which is publicly 
     traded (on a stock exchange or in an over-the-counter 
     market), and is not controlled, directly or indirectly, by 
     such a company, or
       ``(II) is controlled, directly, or indirectly, during the 
     entire 30-year period ending on the date of the enactment of 
     this subsection by individuals who are members of the same 
     family, and does not publish or distribute a daily newspaper 
     that is carrier-distributed in printed form in more than 5 
     States, and
       ``(iii) is controlled, directly, or indirectly--

       ``(I) by 1 or more persons residing primarily in a State in 
     which the community newspaper has been published on newsprint 
     or carrier-distributed,
       ``(II) during the entire 30-year period ending on the date 
     of the enactment of this subsection by individuals who are 
     members of the same family,
       ``(III) by 1 or more trusts, the sole trustees of which are 
     persons described in subclause (I) or (II), or
       ``(IV) by a combination of persons described in subclause 
     (I), (II), or (III).

       ``(B) Newspaper.--The term `newspaper' does not include any 
     newspaper (determined without regard to this subparagraph) to 
     which any of the following apply:
       ``(i) Is not in general circulation.
       ``(ii) Is published (on newsprint or electronically) less 
     frequently than 3 times per week.
       ``(iii) Has not ever been regularly published on newsprint.
       ``(iv) Does not have a bona fide list of paid subscribers.
       ``(C) Control.--A person shall be treated as controlled by 
     another person if such other person possesses, directly or 
     indirectly, the power to direct or cause the direction and 
     management of such person (including the power to elect a 
     majority of the members of the board of directors of such 
     person) through the ownership of voting securities.
       ``(6) Controlled group.--For purposes of this subsection, 
     the term `controlled group' means all persons treated as a 
     single employer under subsection (b), (c), (m), or (o) of 
     section 414 of the Internal Revenue Code of 1986 as of the 
     date of the enactment of this subsection.
       ``(7) Effect on premium rate calculation.--Notwithstanding 
     any other provision of law or any regulation issued by the 
     Pension Benefit Guaranty Corporation, in the case of a plan 
     for which an election is made to apply the alternative 
     standards described in paragraph (3), the additional premium 
     under section 4006(a)(3)(E) shall be determined as if such 
     election had not been made.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years ending after December 31, 2017.

     SEC. 307. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS 
                   RELATED TO LIFE INSURANCE CONTRACTS.

       (a) Modification of Minimum Rate for Purposes of Cash Value 
     Accumulation Test.--
       (1) In general.--Section 7702(b)(2)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``an annual 
     effective rate of 4 percent'' and inserting ``the applicable 
     accumulation test minimum rate''.
       (2) Applicable accumulation test minimum rate.--Section 
     7702(b) of such Code is amended by adding at the end the 
     following new paragraph:
       ``(3) Applicable accumulation test minimum rate.--For 
     purposes of paragraph (2)(A), the term `applicable 
     accumulation test minimum rate' means the lesser of--
       ``(A) an annual effective rate of 4 percent, or
       ``(B) the insurance interest rate (as defined in subsection 
     (f)(11)) in effect at the time the contract is issued.''.
       (b) Modification of Minimum Rate for Purposes of Guideline 
     Premium Requirements.--
       (1) In general.--Section 7702(c)(3)(B)(iii) of such Code is 
     amended by striking ``an annual effective rate of 6 percent'' 
     and inserting ``the applicable guideline premium minimum 
     rate''.
       (2) Applicable guideline premium minimum rate.--Section 
     7702(c)(3) of such Code is amended by adding at the end the 
     following new subparagraph:
       ``(E) Applicable guideline premium minimum rate.--For 
     purposes of subparagraph (B)(iii), the term `applicable 
     guideline premium minimum rate' means the applicable 
     accumulation test minimum rate (as defined in subsection 
     (b)(3)) plus 2 percentage points.''.
       (c) Application of Modified Minimum Rates to Determination 
     of Guideline Level Premium.--Section 7702(c)(4) of such Code 
     is amended--
       (1) by striking ``4 percent'' and inserting ``the 
     applicable accumulation test minimum rate'', and
       (2) by striking ``6 percent'' and inserting ``the 
     applicable guideline premium minimum rate''.
       (d) Insurance Interest Rate.--Section 7702(f) of such Code 
     is amended by adding at the end the following new paragraph:
       ``(11) Insurance interest rate.--For purposes of this 
     section--
       ``(A) In general.--The term `insurance interest rate' 
     means, with respect to any contract issued in any calendar 
     year, the lesser of--
       ``(i) the section 7702 valuation interest rate for such 
     calendar year (or, if such calendar year is not an adjustment 
     year, the most recent adjustment year), or
       ``(ii) the section 7702 applicable Federal interest rate 
     for such calendar year (or, if such calendar year is not an 
     adjustment year, the most recent adjustment year).
       ``(B) Section 7702 valuation interest rate.--The term 
     `section 7702 valuation interest rate' means, with respect to 
     any adjustment year, the prescribed U.S. valuation interest 
     rate for life insurance with guaranteed durations of more 
     than 20 years (as defined in the National Association of 
     Insurance Commissioners' Standard Valuation Law) as effective 
     in the calendar year immediately preceding such adjustment 
     year.
       ``(C) Section 7702 applicable federal interest rate.--The 
     term `section 7702 applicable Federal interest rate' means, 
     with respect to any adjustment year, the average (rounded to 
     the nearest whole percentage point) of the applicable Federal 
     mid-term rates (as defined in section 1274(d) but based on 
     annual compounding) effective as of the beginning of each of 
     the calendar months in the most recent 60-month period ending 
     before the second calendar year prior to such adjustment 
     year.
       ``(D) Adjustment year.--The term `adjustment year' means 
     the calendar year following

[[Page H5296]]

     any calendar year that includes the effective date of a 
     change in the prescribed U.S. valuation interest rate for 
     life insurance with guaranteed durations of more than 20 
     years (as defined in the National Association of Insurance 
     Commissioners' Standard Valuation Law).
       ``(E) Transition rule.--Notwithstanding subparagraph (A), 
     the insurance interest rate shall be 2 percent in the case of 
     any contract which is issued during the period that--
       ``(i) begins on January 1, 2021, and
       ``(ii) ends immediately before the beginning of the first 
     adjustment year that beings after December 31, 2021.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to contracts issued after December 31, 2020.

          DIVISION H--GIVING RETIREMENT OPTIONS TO WORKERS ACT

     SEC. 101. SHORT TITLE, ETC.

       (a) Short Title.--This division may be cited as the 
     ``Giving Retirement Options to Workers Act of 2020'' or the 
     ``GROW Act''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 101. Short title, etc.
Sec. 102. Composite plans.
Sec. 103. Application of certain requirements to composite plans.
Sec. 104. Treatment of composite plans under title IV.
Sec. 105. Conforming changes.
Sec. 106. Effective date.

     SEC. 102. COMPOSITE PLANS.

       (a) Amendment to the Employee Retirement Income Security 
     Act of 1974.--
       (1) In general.--Title I of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by 
     adding at the end the following:

               ``PART 8--COMPOSITE PLANS AND LEGACY PLANS

     ``SEC. 801. COMPOSITE PLAN DEFINED.

       ``(a) In General.--For purposes of this Act, the term 
     `composite plan' means a pension plan--
       ``(1) which is a multiemployer plan that is neither a 
     defined benefit plan nor a defined contribution plan;
       ``(2) the terms of which provide that the plan is a 
     composite plan for purposes of this title with respect to 
     which not more than one multiemployer defined benefit plan is 
     treated as a legacy plan within the meaning of section 805, 
     unless there is more than one legacy plan following a merger 
     of composite plans under section 806;
       ``(3) which provides systematically for the payment of 
     benefits--
       ``(A) objectively calculated pursuant to a formula 
     enumerated in the plan document with respect to plan 
     participants after retirement, for life; and
       ``(B) in the form of life annuities, except for benefits 
     which under section 203(e) may be immediately distributed 
     without the consent of the participant;
       ``(4) for which the plan contributions for the first plan 
     year are at least 120 percent of the normal cost for the plan 
     year;
       ``(5) which requires--
       ``(A) an annual valuation of the liability of the plan as 
     of a date within the plan year to which the valuation refers 
     or within one month prior to the beginning of such year;
       ``(B) an annual actuarial determination of the plan's 
     current funded ratio and projected funded ratio under section 
     802(a);
       ``(C) corrective action through a realignment program 
     pursuant to section 803 whenever the plan's projected funded 
     ratio is below 120 percent for the plan year; and
       ``(D) an annual notification to each participant describing 
     the participant's benefits under the plan and explaining that 
     such benefits may be subject to reduction under a realignment 
     program pursuant to section 803 based on the plan's funded 
     status in future plan years; and
       ``(6) the board of trustees of which includes at least one 
     retiree or beneficiary in pay status during each plan year 
     following the first plan year in which at least 5 percent of 
     the participants in the plan are retirees or beneficiaries in 
     pay status.
       ``(b) Transition From a Multiemployer Defined Benefit 
     Plan.--
       ``(1) In general.--The plan sponsor of a defined benefit 
     plan that is a multiemployer plan may, subject to paragraph 
     (2), amend the plan to incorporate the features of a 
     composite plan as a component of the multiemployer plan 
     separate from the defined benefit plan component, except in 
     the case of a defined benefit plan for which the plan actuary 
     has certified under section 305(b)(3) that the plan is or 
     will be in critical status for the plan year in which such 
     amendment would become effective or for any of the succeeding 
     5 plan years.
       ``(2) Requirements.--Any amendment pursuant to paragraph 
     (1) to incorporate the features of a composite plan as a 
     component of a multiemployer plan shall--
       ``(A) apply with respect to all collective bargaining 
     agreements providing for contributions to the multiemployer 
     plan on or after the effective date of the amendment;
       ``(B) apply with respect to all participants in the 
     multiemployer plan for whom contributions are made to the 
     multiemployer plan on or after the effective date of the 
     amendment;
       ``(C) specify that the effective date of the amendment is--
       ``(i) the first day of a specified plan year following the 
     date of the adoption of the amendment, except that the plan 
     sponsor may alternatively provide for a separate effective 
     date with respect to each collective bargaining agreement 
     under which contributions to the multiemployer plan are 
     required, which shall occur on the first day of the first 
     plan year beginning after the termination, or if earlier, the 
     re-opening, of each such agreement, or such earlier date as 
     the parties to the agreement and the plan sponsor of the 
     multiemployer plan shall agree to; and
       ``(ii) not later than the first day of the fifth plan year 
     beginning on or after the date of the adoption of the 
     amendment;
       ``(D) specify that, as of the amendment's effective date, 
     no further benefits shall accrue under the defined benefit 
     component of the multiemployer plan; and
       ``(E) specify that, as of the amendment's effective date, 
     the plan sponsor of the multiemployer plan shall be the plan 
     sponsor of both the composite plan component and the defined 
     benefit plan component of the plan.
       ``(3) Special rules.--If a multiemployer plan is amended 
     pursuant to paragraph (1)--
       ``(A) the requirements of this title and title IV shall be 
     applied to the composite plan component and the defined 
     benefit plan component of the multiemployer plan as if each 
     such component were maintained as a separate plan; and
       ``(B) the assets of the composite plan component and the 
     defined benefit plan component of the plan shall be held in a 
     single trust forming part of the plan under which the trust 
     instrument expressly provides--
       ``(i) for separate accounts (and appropriate records) to be 
     maintained to reflect the interest which each of the plan 
     components has in the trust, including separate accounting 
     for additions to the trust for the benefit of each plan 
     component, disbursements made from each plan component's 
     account in the trust, investment experience of the trust 
     allocable to that account, and administrative expenses 
     (whether direct expenses or shared expenses allocated 
     proportionally), and permits, but does not require, the 
     pooling of some or all of the assets of the two plan 
     components for investment purposes; and
       ``(ii) that the assets of each of the two plan components 
     shall be held, invested, reinvested, managed, administered 
     and distributed for the exclusive benefit of the participants 
     and beneficiaries of each such plan component, and in no 
     event shall the assets of one of the plan components be 
     available to pay benefits due under the other plan component.
       ``(4) Not a termination event.--Notwithstanding section 
     4041A, an amendment pursuant to paragraph (1) to incorporate 
     the features of a composite plan as a component of a 
     multiemployer plan does not constitute termination of the 
     multiemployer plan.
       ``(5) Notice to the secretary.--
       ``(A) Notice.--The plan sponsor of a composite plan shall 
     provide notice to the Secretary of the intent to establish 
     the composite plan (or, in the case of a composite plan 
     incorporated as a component of a multiemployer plan as 
     described in paragraph (1), the intent to amend the 
     multiemployer plan to incorporate such composite plan) at 
     least 30 days prior to the effective date of such 
     establishment or amendment.
       ``(B) Certification.--In the case of a composite plan 
     incorporated as a component of a multiemployer plan as 
     described in paragraph (1), such notice shall include a 
     certification by the plan actuary under section 305(b)(3) 
     that the effective date of the amendment occurs in a plan 
     year for which the multiemployer plan is not in critical 
     status for that plan year and any of the succeeding 5 plan 
     years.
       ``(6) References to composite plan component.--As used in 
     this part, the term `composite plan' includes a composite 
     plan component added to a defined benefit plan pursuant to 
     paragraph (1).
       ``(7) Rule of construction.--Paragraph (2)(A) shall not be 
     construed as preventing the plan sponsor of a multiemployer 
     plan from adopting an amendment pursuant to paragraph (1) 
     because some collective bargaining agreements are amended to 
     cease any covered employer's obligation to contribute to the 
     multiemployer plan before or after the plan amendment is 
     effective. Paragraph (2)(B) shall not be construed as 
     preventing the plan sponsor of a multiemployer plan from 
     adopting an amendment pursuant to paragraph (1) because some 
     participants cease to have contributions made to the 
     multiemployer plan on their behalf before or after the plan 
     amendment is effective.
       ``(c) Coordination With Funding Rules.--Except as otherwise 
     provided in this title, sections 302, 304, and 305 shall not 
     apply to a composite plan.
       ``(d) Treatment of a Composite Plan.--For purposes of this 
     Act (other than sections 302 and 4245), a composite plan 
     shall be treated as if it were a defined benefit plan unless 
     a different treatment is provided for under applicable law.

     ``SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.

       ``(a) Certification of Funded Ratios.--
       ``(1) In general.--Not later than the one-hundred twentieth 
     day of each plan year of a composite plan, the plan actuary 
     of the composite plan shall certify to the Secretary, the 
     Secretary of the Treasury, and the plan sponsor the plan's 
     current funded ratio and projected funded ratio for the plan 
     year.
       ``(2) Determination of current funded ratio and projected 
     funded ratio.--For purposes of this section:
       ``(A) Current funded ratio.--The current funded ratio is 
     the ratio (expressed as a percentage) of--
       ``(i) the value of the plan's assets as of the first day of 
     the plan year; to
       ``(ii) the plan actuary's best estimate of the present 
     value of the plan liabilities as of the first day of the plan 
     year.
       ``(B) Projected funded ratio.--The projected funded ratio 
     is the current funded ratio projected to the first day of the 
     fifteenth plan year following the plan year for which the 
     determination is being made.
       ``(3) Consideration of contribution rate increases.--For 
     purposes of projections under this subsection, the plan 
     sponsor may anticipate contribution rate increases beyond the 
     term of

[[Page H5297]]

     the current collective bargaining agreement and any agreed-to 
     supplements, up to a maximum of 2.5 percent per year, 
     compounded annually, unless it would be unreasonable under 
     the circumstances to assume that contributions would increase 
     by that amount.
       ``(b) Actuarial Assumptions and Methods.--For purposes of 
     this part:
       ``(1) In general.--All costs, liabilities, rates of 
     interest and other factors under the plan shall be determined 
     for a plan year on the basis of actuarial assumptions and 
     methods--
       ``(A) each of which is reasonable (taking into account the 
     experience of the plan and reasonable expectations);
       ``(B) which, in combination, offer the actuary's best 
     estimate of anticipated experience under the plan; and
       ``(C) with respect to which any change from the actuarial 
     assumptions and methods used in the previous plan year shall 
     be certified by the plan actuary and the actuarial rationale 
     for such change provided in the annual report required by 
     section 103.
       ``(2) Fair market value of assets.--The value of the plan's 
     assets shall be taken into account on the basis of their fair 
     market value.
       ``(3) Determination of normal cost and plan liabilities.--A 
     plan's normal cost and liabilities shall be based on the most 
     recent actuarial valuation required under section 
     801(a)(5)(A) and the unit credit funding method.
       ``(4) Time when certain contributions deemed made.--Any 
     contributions for a plan year made by an employer after the 
     last day of such plan year, but not later than two and one-
     half months after such day, shall be deemed to have been made 
     on such last day. For purposes of this paragraph, such two 
     and one-half month period may be extended for not more than 
     six months under regulations prescribed by the Secretary of 
     the Treasury.
       ``(5) Additional actuarial assumptions.--Except where 
     otherwise provided in this part, the provisions of section 
     305(b)(3)(B) shall apply to any determination or projection 
     under this part.

     ``SEC. 803. REALIGNMENT PROGRAM.

       ``(a) Realignment Program.--
       ``(1) Adoption.--In any case in which the plan actuary 
     certifies under section 802(a) that the plan's projected 
     funded ratio is below 120 percent for the plan year, the plan 
     sponsor shall adopt a realignment program under paragraph (2) 
     not later than 210 days after the due date of the 
     certification required under such section 802(a). The plan 
     sponsor shall adopt an updated realignment program for each 
     succeeding plan year for which a certification described in 
     the preceding sentence is made.
       ``(2) Content of realignment program.--
       ``(A) In general.--A realignment program adopted under this 
     paragraph is a written program which consists of all 
     reasonable measures, including options or a range of options 
     to be undertaken by the plan sponsor or proposed to the 
     bargaining parties, formulated, based on reasonably 
     anticipated experience and reasonable actuarial assumptions, 
     to enable the plan to achieve a projected funded ratio of at 
     least 120 percent for the following plan year.
       ``(B) Initial program elements.--Reasonable measures under 
     a realignment program described in subparagraph (A) may 
     include any of the following:
       ``(i) Proposed contribution increases.
       ``(ii) A reduction in the rate of future benefit accruals, 
     so long as the resulting rate is not less than 1 percent of 
     the contributions on which benefits are based as of the start 
     of the plan year (or the equivalent standard accrual rate as 
     described in section 305(e)(6)).
       ``(iii) A modification or elimination of adjustable 
     benefits of participants that are not in pay status before 
     the date of the notice required under subsection (b)(1).
       ``(iv) Any other lawfully available measures not 
     specifically described in this subparagraph or subparagraph 
     (C) or (D) that the plan sponsor determines are reasonable.
       ``(C) Additional program elements.--If the plan sponsor has 
     determined that all reasonable measures available under 
     subparagraph (B) will not enable the plan to achieve a 
     projected funded ratio of at least 120 percent for the 
     following plan year, such reasonable measures may also 
     include--
       ``(i) a reduction of accrued benefits that are not in pay 
     status by the date of the notice required under subsection 
     (b)(1); or
       ``(ii) a reduction of any benefits of participants that are 
     in pay status before the date of the notice required under 
     subsection (b)(1) other than core benefits as defined in 
     paragraph (4).
       ``(D) Additional reductions.--In the case of a composite 
     plan for which the plan sponsor has determined that all 
     reasonable measures available under subparagraphs (B) and (C) 
     will not enable the plan to achieve a projected funded ratio 
     of at least 120 percent for the following plan year, such 
     reasonable measures may also include--
       ``(i) a further reduction in the rate of future benefit 
     accruals without regard to the limitation applicable under 
     subparagraph (B)(ii); or
       ``(ii) a reduction of core benefits;
     provided that such reductions shall be equitably distributed 
     across the participant and beneficiary population, taking 
     into account factors, with respect to participants and 
     beneficiaries and their benefits, that may include one or 
     more of the factors listed in subclauses (I) through (X) of 
     section 305(e)(9)(D)(vi), to the extent necessary to enable 
     the plan to achieve a projected funded ratio of at least 120 
     percent for the following plan year, or at the election of 
     the plan sponsor, a projected funded ratio of at least 100 
     percent for the following plan year and a current funded 
     ratio of at least 90 percent.
       ``(3) Adjustable benefit defined.--For purposes of this 
     part, the term `adjustable benefit' means--
       ``(A) benefits, rights, and features under the plan, 
     including post-retirement death benefits, 60-month 
     guarantees, disability benefits not yet in pay status, and 
     similar benefits;
       ``(B) any early retirement benefit or retirement-type 
     subsidy (within the meaning of section 204(g)(2)(A)) and any 
     benefit payment option (other than the qualified joint and 
     survivor annuity); and
       ``(C) benefit increases that were adopted (or, if later, 
     took effect) less than 60 months before the first day such 
     realignment program took effect.
       ``(4) Core benefit defined.--For purposes of this part, the 
     term `core benefit' means a participant's accrued benefit 
     payable in the normal form of an annuity commencing at normal 
     retirement age, determined without regard to--
       ``(A) any early retirement benefits, retirement-type 
     subsidies, or other benefits, rights, or features that may be 
     associated with that benefit; and
       ``(B) any cost-of-living adjustments or benefit increases 
     effective after the date of retirement.
       ``(5) Coordination with contribution increases.--
       ``(A) In general.--A realignment program may provide that 
     some or all of the benefit modifications described in the 
     program will only take effect if the bargaining parties fail 
     to agree to specified levels of increases in contributions to 
     the plan, effective as of specified dates.
       ``(B) Independent benefit modifications.--If a realignment 
     program adopts any changes to the benefit formula that are 
     independent of potential contribution increases, such changes 
     shall take effect not later than 180 days after the first day 
     of the first plan year that begins following the adoption of 
     the realignment program.
       ``(C) Conditional benefit modifications.--If a realignment 
     program adopts any changes to the benefit formula that take 
     effect only if the bargaining parties fail to agree to 
     contribution increases, such changes shall take effect not 
     later than the first day of the first plan year beginning 
     after the third anniversary of the date of adoption of the 
     realignment program.
       ``(D) Revocation of certain benefit modifications.--Benefit 
     modifications described in subparagraph (C) may be revoked, 
     in whole or in part, and retroactively or prospectively, when 
     contributions to the plan are increased, as specified in the 
     realignment program, including any amendments thereto. The 
     preceding sentence shall not apply unless the contribution 
     increases are to be effective not later than the fifth 
     anniversary of the first day of the first plan year that 
     begins after the adoption of the realignment program.
       ``(b) Notice.--
       ``(1) In general.--In any case in which it is certified 
     under section 802(a) that the projected funded ratio is less 
     than 120 percent, the plan sponsor shall, not later than 30 
     days after the date of the certification, provide 
     notification of the current and projected funded ratios to 
     the participants and beneficiaries, the bargaining parties, 
     and the Secretary. Such notice shall include--
       ``(A) an explanation that contribution rate increases or 
     benefit reductions may be necessary;
       ``(B) a description of the types of benefits that might be 
     reduced; and
       ``(C) an estimate of the contribution increases and benefit 
     reductions that may be necessary to achieve a projected 
     funded ratio of 120 percent.
       ``(2) Notice of benefit modifications.--
       ``(A) In general.--No modifications may be made that reduce 
     the rate of future benefit accrual or that reduce core 
     benefits or adjustable benefits unless notice of such 
     reduction has been given at least 180 days before the general 
     effective date of such reduction for all participants and 
     beneficiaries to--
       ``(i) plan participants and beneficiaries;
       ``(ii) each employer who has an obligation to contribute to 
     the composite plan; and
       ``(iii) each employee organization which, for purposes of 
     collective bargaining, represents plan participants employed 
     by such employers.
       ``(B) Content of notice.--The notice under subparagraph (A) 
     shall contain--
       ``(i) sufficient information to enable participants and 
     beneficiaries to understand the effect of any reduction on 
     their benefits, including an illustration of any affected 
     benefit or subsidy, on an annual or monthly basis that a 
     participant or beneficiary would otherwise have been eligible 
     for as of the general effective date described in 
     subparagraph (A); and
       ``(ii) information as to the rights and remedies of plan 
     participants and beneficiaries as well as how to contact the 
     Department of Labor for further information and assistance, 
     where appropriate.
       ``(C) Form and manner.--Any notice under subparagraph (A)--
       ``(i) shall be provided in a form and manner prescribed in 
     regulations of the Secretary of Labor;
       ``(ii) shall be written in a manner so as to be understood 
     by the average plan participant.
       ``(3) Model notices.--The Secretary shall--
       ``(A) prescribe model notices that the plan sponsor of a 
     composite plan may use to satisfy the notice requirements 
     under this subsection; and
       ``(B) by regulation enumerate any details related to the 
     elements listed in paragraph (1) that any notice under this 
     subsection must include.
       ``(4) Delivery method.--Any notice under this part shall be 
     provided in writing and may also be provided in electronic 
     form to the extent that the form is reasonably accessible to 
     persons to whom the notice is provided.

     ``SEC. 804. LIMITATION ON INCREASING BENEFITS.

       ``(a) Level of Current Funded Ratios.--Except as provided 
     in subsections (c), (d), and (e), no plan amendment 
     increasing benefits or establishing new benefits under a 
     composite plan may be adopted for a plan year unless--

[[Page H5298]]

       ``(1) the plan's current funded ratio is at least 110 
     percent (without regard to the benefit increase or new 
     benefits);
       ``(2) taking the benefit increase or new benefits into 
     account, the current funded ratio is at least 100 percent and 
     the projected funded ratio for the current plan year is at 
     least 120 percent;
       ``(3) in any case in which, after taking the benefit 
     increase or new benefits into account, the current funded 
     ratio is less than 140 percent and the projected funded ratio 
     is less than 140 percent, the benefit increase or new 
     benefits are projected by the plan actuary to increase the 
     present value of the plan's liabilities for the plan year by 
     not more than 3 percent; and
       ``(4) expected contributions for the current plan year are 
     at least 120 percent of normal cost for the plan year, 
     determined using the unit credit funding method and treating 
     the benefit increase or new benefits as in effect for the 
     entire plan year.
       ``(b) Additional Requirements Where Core Benefits 
     Reduced.--If a plan has been amended to reduce core benefits 
     pursuant to a realignment program under section 803(a)(2)(D), 
     such plan may not be subsequently amended to increase core 
     benefits unless the amendment--
       ``(1) increases the level of future benefit payments only; 
     and
       ``(2) provides for an equitable distribution of benefit 
     increases across the participant and beneficiary population, 
     taking into account the extent to which the benefits of 
     participants were previously reduced pursuant to such 
     realignment program.
       ``(c) Exception To Comply With Applicable Law.--Subsection 
     (a) shall not apply in connection with a plan amendment if 
     the amendment is required as a condition of qualification 
     under part I of subchapter D of chapter 1 of the Internal 
     Revenue Code of 1986 or to comply with other applicable law.
       ``(d) Exception Where Maximum Deductible Limit Applies.--
     Subsection (a) shall not apply in connection with a plan 
     amendment if and to the extent that contributions to the 
     composite plan would not be deductible for the plan year 
     under section 404(a)(1)(E) of the Internal Revenue Code of 
     1986 if the plan amendment is not adopted.
       ``(e) Exception for Certain Benefit Modifications.--
     Subsection (a) shall not apply in connection with a plan 
     amendment under section 803(a)(5)(C), regarding conditional 
     benefit modifications.
       ``(f) Treatment of Plan Amendments.--For purposes of this 
     section--
       ``(1) if two or more plan amendments increasing benefits or 
     establishing new benefits are adopted in a plan year, such 
     amendments shall be treated as a single amendment adopted on 
     the last day of the plan year;
       ``(2) all benefit increases and new benefits adopted in a 
     single amendment are treated as a single benefit increase, 
     irrespective of whether the increases and new benefits take 
     effect in more than one plan year; and
       ``(3) increases in contributions or decreases in plan 
     liabilities which are scheduled to take effect in future plan 
     years may be taken into account in connection with a plan 
     amendment if they have been agreed to in writing or otherwise 
     formalized by the date the plan amendment is adopted.

     ``SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE LEGACY 
                   PLAN FUNDING.

       ``(a) Treatment as a Legacy Plan.--
       ``(1) In general.--For purposes of this part and parts 2 
     and 3, a defined benefit plan shall be treated as a legacy 
     plan with respect to the composite plan under which the 
     employees who were eligible to accrue a benefit under the 
     defined benefit plan become eligible to accrue a benefit 
     under such composite plan.
       ``(2) Component plans.--In any case in which a defined 
     benefit plan is amended to add a composite plan component 
     pursuant to section 801(b), paragraph (1) shall be applied by 
     substituting `defined benefit component' for `defined benefit 
     plan' and `composite plan component' for `composite plan'.
       ``(3) Eligible to accrue a benefit.--For purposes of 
     paragraph (1), an employee is considered eligible to accrue a 
     benefit under a composite plan as of the first day in which 
     the employee completes an hour of service under a collective 
     bargaining agreement that provides for contributions to and 
     accruals under the composite plan in lieu of accruals under 
     the legacy plan.
       ``(4) Collective bargaining agreement.--As used in this 
     part, the term `collective bargaining agreement' includes any 
     agreement under which an employer has an obligation to 
     contribute to a plan.
       ``(5) Other terms.--Any term used in this part which is not 
     defined in this part and which is also used in section 305 
     shall have the same meaning provided such term in such 
     section.
       ``(b) Restrictions on Acceptance by Composite Plan of 
     Agreements and Contributions.--
       ``(1) In general.--The plan sponsor of a composite plan 
     shall not accept or recognize a collective bargaining 
     agreement (or any modification to such agreement), and no 
     contributions may be accepted and no benefits may be accrued 
     or otherwise earned under the agreement--
       ``(A) in any case in which the plan actuary of any defined 
     benefit plan that would be treated as a legacy plan with 
     respect to such composite plan has certified under section 
     305(b)(3) that such defined benefit plan is or will be in 
     critical status for the plan year in which such agreement 
     would take effect or for any of the succeeding 5 plan years; 
     and
       ``(B) unless the agreement requires each employer who is a 
     party to such agreement, including employers whose employees 
     are not participants in the legacy plan, to provide 
     contributions to the legacy plan with respect to such 
     composite plan in a manner that satisfies the transition 
     contribution requirements of subsection (d).
       ``(2) Notice.--Not later than 30 days after a determination 
     by a plan sponsor of a composite plan that an agreement fails 
     to satisfy the requirements described in paragraph (1), the 
     plan sponsor shall provide notification of such failure and 
     the reasons for such determination--
       ``(A) to the parties to the agreement;
       ``(B) to active participants of the composite plan who have 
     ceased to accrue or otherwise earn benefits with respect to 
     service with an employer pursuant to paragraph (1); and
       ``(C) to the Secretary, the Secretary of the Treasury, and 
     the Pension Benefit Guaranty Corporation.
       ``(3) Limitation on retroactive effect.--This subsection 
     shall not apply to benefits accrued before the date on which 
     notice is provided under paragraph (2).
       ``(c) Restriction on Accrual of Benefits Under a Composite 
     Plan.--
       ``(1) In general.--In any case in which an employer, under 
     a collective bargaining agreement entered into after the date 
     of enactment of the Giving Retirement Options to Workers Act 
     of 2020, ceases to have an obligation to contribute to a 
     multiemployer defined benefit plan, no employees employed by 
     the employer may accrue or otherwise earn benefits under any 
     composite plan, with respect to service with that employer, 
     for a 60-month period beginning on the date on which the 
     employer entered into such collective bargaining agreement.
       ``(2) Notice of cessation of obligation.--Within 30 days of 
     determining that an employer has ceased to have an obligation 
     to contribute to a legacy plan with respect to employees 
     employed by an employer that is or will be contributing to a 
     composite plan with respect to service of such employees, the 
     plan sponsor of the legacy plan shall notify the plan sponsor 
     of the composite plan of that cessation.
       ``(3) Notice of cessation of accruals.--Not later than 30 
     days after determining that an employer has ceased to have an 
     obligation to contribute to a legacy plan, the plan sponsor 
     of the composite plan shall notify the bargaining parties, 
     the active participants affected by the cessation of 
     accruals, the Secretary, the Secretary of the Treasury, and 
     the Pension Benefit Guaranty Corporation of the cessation of 
     accruals, the period during which such cessation is in 
     effect, and the reasons therefor.
       ``(4) Limitation on retroactive effect.--This subsection 
     shall not apply to benefits accrued before the date on which 
     notice is provided under paragraph (3).
       ``(d) Transition Contribution Requirements.--
       ``(1) In general.--A collective bargaining agreement 
     satisfies the transition contribution requirements of this 
     subsection if the agreement--
       ``(A) authorizes payment of contributions to a legacy plan 
     at a rate or rates equal to or greater than the transition 
     contribution rate established by the legacy plan under 
     paragraph (2); and
       ``(B) does not provide for--
       ``(i) a suspension of contributions to the legacy plan with 
     respect to any period of service; or
       ``(ii) any new direct or indirect exclusion of younger or 
     newly hired employees of the employer from being taken into 
     account in determining contributions owed to the legacy plan.
       ``(2) Transition contribution rate.--
       ``(A) In general.--The transition contribution rate for a 
     plan year is the contribution rate that, as certified by the 
     actuary of the legacy plan in accordance with the principles 
     in section 305(b)(3)(B), is reasonably expected to be 
     adequate--
       ``(i) to fund the normal cost for the plan year;
       ``(ii) to amortize the plan's unfunded liabilities in level 
     annual installments over 25 years, beginning with the plan 
     year in which the transition contribution rate is first 
     established; and
       ``(iii) to amortize any subsequent changes in the legacy 
     plan's unfunded liability due to experience gains or losses 
     (including investment gains or losses, gains or losses due to 
     contributions greater or less than the contributions made 
     under the prior transition contribution rate, and other 
     actuarial gains or losses), changes in actuarial assumptions, 
     changes to the legacy plan's benefits, or changes in funding 
     method over a period of 15 plan years beginning with the plan 
     year in which such change in unfunded liability is incurred.
     The transition contribution rate for any plan year may not be 
     less than the transition contribution rate for the plan year 
     in which such rate is first established.
       ``(B) Multiple rates.--If different rates of contribution 
     are payable to the legacy plan by different employers or for 
     different classes of employees, the certification shall 
     specify a transition contribution rate for each such 
     employer.
       ``(C) Rate applicable to employer.--
       ``(i) In general.--Except as provided by clause (ii), the 
     transition contribution rate applicable to an employer for a 
     plan year is the rate in effect for the plan year of the 
     legacy plan that commences on or after 180 days before the 
     earlier of--

       ``(I) the effective date of the collective bargaining 
     agreement pursuant to which the employer contributes to the 
     legacy plan; or
       ``(II) 5 years after the last plan year for which the 
     transition contribution rate applicable to the employer was 
     established or updated.

       ``(ii) Exception.--The transition contribution rate 
     applicable to an employer for the first plan year beginning 
     on or after the commencement of the employer's obligation to 
     contribute to the composite plan is the rate in effect for 
     the plan year of the legacy plan that commences on or after 
     180 days before such first plan year.
       ``(D) Effect of legacy plan financial circumstances.--If 
     the plan actuary of the legacy plan has certified under 
     section 305 that the plan is in endangered or critical status 
     for a

[[Page H5299]]

     plan year, the transition contribution rate for the following 
     plan year is the rate determined with respect to the employer 
     under the legacy plan's funding improvement or rehabilitation 
     plan under section 305, if greater than the rate otherwise 
     determined, but in no event greater than 75 percent of the 
     sum of the contribution rates applicable to the legacy plan 
     and the composite plan for the plan year.
       ``(E) Other actuarial assumptions and methods.--Except as 
     provided in subparagraph (A), the determination of the 
     transition contribution rate for a plan year shall be based 
     on actuarial assumptions and methods consistent with the 
     minimum funding determinations made under section 304 (or, if 
     applicable, section 305) with respect to the legacy plan for 
     the plan year.
       ``(F) Adjustments in rate.--The plan sponsor of a legacy 
     plan from time to time may adjust the transition contribution 
     rate or rates applicable to an employer under this paragraph 
     by increasing some rates and decreasing others if the actuary 
     certifies that such adjusted rates in combination will 
     produce projected contribution income for the plan year 
     beginning on or after the date of certification that is not 
     less than would be produced by the transition contribution 
     rates in effect at the time of the certification.
       ``(G) Notice of transition contribution rate.--The plan 
     sponsor of a legacy plan shall provide notice to the parties 
     to collective bargaining agreements pursuant to which 
     contributions are made to the legacy plan of changes to the 
     transition contribution rate requirements at least 30 days 
     before the beginning of the plan year for which the rate is 
     effective.
       ``(H) Notice to composite plan sponsor.--Not later than 30 
     days after a determination by the plan sponsor of a legacy 
     plan that a collective bargaining agreement provides for a 
     rate of contributions that is below the transition 
     contribution rate applicable to one or more employers that 
     are parties to the collective bargaining agreement, the plan 
     sponsor of the legacy plan shall notify the plan sponsor of 
     any composite plan under which employees of such employer 
     would otherwise be eligible to accrue a benefit.
       ``(3) Correction procedures.--Pursuant to standards 
     prescribed by the Secretary, the plan sponsor of a composite 
     plan shall adopt rules and procedures that give the parties 
     to the collective bargaining agreement notice of the failure 
     of such agreement to satisfy the transition contribution 
     requirements of this subsection, and a reasonable opportunity 
     to correct such failure, not to exceed 180 days from the date 
     of notice given under subsection (b)(2).
       ``(4) Supplemental contributions.--A collective bargaining 
     agreement may provide for supplemental contributions to the 
     legacy plan for a plan year in excess of the transition 
     contribution rate determined under paragraph (2), regardless 
     of whether the legacy plan is in endangered or critical 
     status for such plan year.
       ``(e) Nonapplication of Composite Plan Restrictions.--
       ``(1) In general.--The provisions of subsections (a), (b), 
     and (c) shall not apply with respect to a collective 
     bargaining agreement, to the extent the agreement, or a 
     predecessor agreement, provides or provided for contributions 
     to a defined benefit plan that is a legacy plan, as of the 
     first day of the first plan year following a plan year for 
     which the plan actuary certifies that the plan is fully 
     funded, has been fully funded for at least three out of the 
     immediately preceding 5 plan years, and is projected to 
     remain fully funded for at least the following 4 plan years.
       ``(2) Determination of fully funded.--A plan is fully 
     funded for purposes of paragraph (1) if, as of the valuation 
     date of the plan for a plan year, the value of the plan's 
     assets equals or exceeds the present value of the plan's 
     liabilities, determined in accordance with the rules 
     prescribed by the Pension Benefit Guaranty Corporation under 
     sections 4219(c)(1)(D) and 4281 for multiemployer plans 
     terminating by mass withdrawal, as in effect for the date of 
     the determination, except the plan's reasonable assumption 
     regarding the starting date of benefits may be used.
       ``(3) Other applicable rules.--Except as provided in 
     paragraph (2), actuarial determinations and projections under 
     this section shall be based on the rules in section 305(b)(3) 
     and section 802(b).

     ``SEC. 806. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.

       ``(a) In General.--Assets and liabilities of a composite 
     plan may only be merged with, or transferred to, another plan 
     if--
       ``(1) the other plan is a composite plan;
       ``(2) the plan or plans resulting from the merger or 
     transfer is a composite plan;
       ``(3) no participant's accrued benefit or adjustable 
     benefit is lower immediately after the transaction than it 
     was immediately before the transaction; and
       ``(4) the value of the assets transferred in the case of a 
     transfer reasonably reflects the value of the amounts 
     contributed with respect to the participants whose benefits 
     are being transferred, adjusted for allocable distributions, 
     investment gains and losses, and administrative expenses.
       ``(b) Legacy Plan.--
       ``(1) In general.--After a merger or transfer involving a 
     composite plan, the legacy plan with respect to an employer 
     that is obligated to contribute to the resulting composite 
     plan is the legacy plan that applied to that employer 
     immediately before the merger or transfer.
       ``(2) Multiple legacy plans.--If an employer is obligated 
     to contribute to more than one legacy plan with respect to 
     employees eligible to accrue benefits under more than one 
     composite plan and there is a merger or transfer of such 
     legacy plans, the transition contribution rate applicable to 
     the legacy plan resulting from the merger or transfer with 
     respect to that employer shall be determined in accordance 
     with the provisions of section 805(d)(2)(B).''.
       (2) Penalties.--
       (A) Civil enforcement of failure to comply with realignment 
     program.--Section 502(a) of such Act (29 U.S.C. 1132(a)) is 
     amended--
       (i) in paragraph (10), by striking ``or'' at the end;
       (ii) in paragraph (11), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(12) in the case of a composite plan required to adopt a 
     realignment program under section 803, if the plan sponsor--
       ``(A) has not adopted a realignment program under that 
     section by the deadline established in such section; or
       ``(B) fails to update or comply with the terms of the 
     realignment program in accordance with the requirements of 
     such section,
     by the Secretary, by an employer that has an obligation to 
     contribute with respect to the composite plan, or by an 
     employee organization that represents active participants in 
     the composite plan, for an order compelling the plan sponsor 
     to adopt a realignment program, or to update or comply with 
     the terms of the realignment program, in accordance with the 
     requirements of such section and the realignment program.''.
       (B) Civil penalties.--Section 502(c) of such Act (29 U.S.C. 
     1132(c)) is amended--
       (i) by moving paragraphs (8), (10), and (12) each 2 ems to 
     the left;
       (ii) by redesignating paragraphs (9) through (12) as 
     paragraphs (12) through (15), respectively; and
       (iii) by inserting after paragraph (8) the following:
       ``(9) The Secretary may assess against any plan sponsor of 
     a composite plan a civil penalty of not more than $1,100 per 
     day for each violation by such sponsor--
       ``(A) of the requirement under section 802(a) on the plan 
     actuary to certify the plan's current or projected funded 
     ratio by the date specified in such subsection; or
       ``(B) of the requirement under section 803 to adopt a 
     realignment program by the deadline established in that 
     section and to comply with its terms.
       ``(10)(A) The Secretary may assess against any plan sponsor 
     of a composite plan a civil penalty of not more than $100 per 
     day for each violation by such sponsor of the requirement 
     under section 803(b) to provide notice as described in such 
     section, except that no penalty may be assessed in any case 
     in which the plan sponsor exercised reasonable diligence to 
     meet the requirements of such section and--
       ``(i) the plan sponsor did not know that the violation 
     existed; or
       ``(ii) the plan sponsor provided such notice during the 30-
     day period beginning on the first date on which the plan 
     sponsor knew, or in exercising reasonable due diligence 
     should have known, that such violation existed.
       ``(B) In any case in which the plan sponsor exercised 
     reasonable diligence to meet the requirements of section 
     803(b)--
       ``(i) the total penalty assessed under this paragraph 
     against such sponsor for a plan year may not exceed $500,000; 
     and
       ``(ii) the Secretary may waive part or all of such penalty 
     to the extent that the payment of such penalty would be 
     excessive or otherwise inequitable relative to the violation 
     involved.
       ``(11) The Secretary may assess against any plan sponsor of 
     a composite plan a civil penalty of not more than $100 per 
     day for each violation by such sponsor of the notice 
     requirements under sections 801(b)(5) and 805(b)(2).''.
       (3) Conforming amendment.--The table of contents in section 
     1 of such Act (29 U.S.C. 1001 note) is amended by inserting 
     after the item relating to section 734 the following:

               ``Part 8--Composite Plans and Legacy Plans

``Sec. 801. Composite plan defined.
``Sec. 802. Funded ratios; actuarial assumptions.
``Sec. 803. Realignment program.
``Sec. 804. Limitation on increasing benefits.
``Sec. 805. Composite plan restrictions to preserve legacy plan 
              funding.
``Sec. 806. Mergers and asset transfers of composite plans.''.
       (b) Amendment to the Internal Revenue Code of 1986.--
       (1) In general.--Part III of subchapter D of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following:

             ``Subpart C--Composite Plans and Legacy Plans

``Sec. 437. Composite plan defined.
``Sec. 438. Funded ratios; actuarial assumptions.
``Sec. 439. Realignment program.
``Sec. 440. Limitation on increasing benefits.
``Sec. 440A. Composite plan restrictions to preserve legacy plan 
              funding.
``Sec. 440B. Mergers and asset transfers of composite plans.

     ``SEC. 437. COMPOSITE PLAN DEFINED.

       ``(a) In General.--For purposes of this title, the term 
     `composite plan' means a pension plan--
       ``(1) which is a multiemployer plan that is neither a 
     defined benefit plan nor a defined contribution plan,
       ``(2) the terms of which provide that the plan is a 
     composite plan for purposes of this title with respect to 
     which not more than one multiemployer defined benefit plan is 
     treated as a legacy plan within the meaning of section 440A, 
     unless there is more than one legacy plan following a merger 
     of composite plans under section 440B,
       ``(3) which provides systematically for the payment of 
     benefits--

[[Page H5300]]

       ``(A) objectively calculated pursuant to a formula 
     enumerated in the plan document with respect to plan 
     participants after retirement, for life, and
       ``(B) in the form of life annuities, except for benefits 
     which under section 411(a)(11) may be immediately distributed 
     without the consent of the participant,
       ``(4) for which the plan contributions for the first plan 
     year are at least 120 percent of the normal cost for the plan 
     year,
       ``(5) which requires--
       ``(A) an annual valuation of the liability of the plan as 
     of a date within the plan year to which the valuation refers 
     or within one month prior to the beginning of such year,
       ``(B) an annual actuarial determination of the plan's 
     current funded ratio and projected funded ratio under section 
     438(a),
       ``(C) corrective action through a realignment program 
     pursuant to section 439 whenever the plan's projected funded 
     ratio is below 120 percent for the plan year, and
       ``(D) an annual notification to each participant describing 
     the participant's benefits under the plan and explaining that 
     such benefits may be subject to reduction under a realignment 
     program pursuant to section 439 based on the plan's funded 
     status in future plan years, and
       ``(6) the board of trustees of which includes at least one 
     retiree or beneficiary in pay status during each plan year 
     following the first plan year in which at least 5 percent of 
     the participants in the plan are retirees or beneficiaries in 
     pay status.
       ``(b) Transition From a Multiemployer Defined Benefit 
     Plan.--
       ``(1) In general.--The plan sponsor of a defined benefit 
     plan that is a multiemployer plan may, subject to paragraph 
     (2), amend the plan to incorporate the features of a 
     composite plan as a component of the multiemployer plan 
     separate from the defined benefit plan component, except in 
     the case of a defined benefit plan for which the plan actuary 
     has certified under section 432(b)(3) that the plan is or 
     will be in critical status for the plan year in which such 
     amendment would become effective or for any of the succeeding 
     5 plan years.
       ``(2) Requirements.--Any amendment pursuant to paragraph 
     (1) to incorporate the features of a composite plan as a 
     component of a multiemployer plan shall--
       ``(A) apply with respect to all collective bargaining 
     agreements providing for contributions to the multiemployer 
     plan on or after the effective date of the amendment,
       ``(B) apply with respect to all participants in the 
     multiemployer plan for whom contributions are made to the 
     multiemployer plan on or after the effective date of the 
     amendment,
       ``(C) specify that the effective date of the amendment is--
       ``(i) the first day of a specified plan year following the 
     date of the adoption of the amendment, except that the plan 
     sponsor may alternatively provide for a separate effective 
     date with respect to each collective bargaining agreement 
     under which contributions to the multiemployer plan are 
     required, which shall occur on the first day of the first 
     plan year beginning after the termination, or if earlier, the 
     re-opening, of each such agreement, or such earlier date as 
     the parties to the agreement and the plan sponsor of the 
     multiemployer plan shall agree to, and
       ``(ii) not later than the first day of the fifth plan year 
     beginning on or after the date of the adoption of the 
     amendment,
       ``(D) specify that, as of the amendment's effective date, 
     no further benefits shall accrue under the defined benefit 
     component of the multiemployer plan, and
       ``(E) specify that, as of the amendment's effective date, 
     the plan sponsor of the multiemployer plan shall be the plan 
     sponsor of both the composite plan component and the defined 
     benefit plan component of the plan.
       ``(3) Special rules.--If a multiemployer plan is amended 
     pursuant to paragraph (1)--
       ``(A) the requirements of this title shall be applied to 
     the composite plan component and the defined benefit plan 
     component of the multiemployer plan as if each such component 
     were maintained as a separate plan, and
       ``(B) the assets of the composite plan component and the 
     defined benefit plan component of the plan shall be held in a 
     single trust forming part of the plan under which the trust 
     instrument expressly provides--
       ``(i) for separate accounts (and appropriate records) to be 
     maintained to reflect the interest which each of the plan 
     components has in the trust, including separate accounting 
     for additions to the trust for the benefit of each plan 
     component, disbursements made from each plan component's 
     account in the trust, investment experience of the trust 
     allocable to that account, and administrative expenses 
     (whether direct expenses or shared expenses allocated 
     proportionally), and permits, but does not require, the 
     pooling of some or all of the assets of the two plan 
     components for investment purposes, and
       ``(ii) that the assets of each of the two plan components 
     shall be held, invested, reinvested, managed, administered 
     and distributed for the exclusive benefit of the participants 
     and beneficiaries of each such plan component, and in no 
     event shall the assets of one of the plan components be 
     available to pay benefits due under the other plan component.
       ``(4) Not a termination event.--Notwithstanding section 
     4041A of the Employee Retirement Income Security Act of 1974, 
     an amendment pursuant to paragraph (1) to incorporate the 
     features of a composite plan as a component of a 
     multiemployer plan does not constitute termination of the 
     multiemployer plan.
       ``(5) Notice to the secretary.--
       ``(A) Notice.--The plan sponsor of a composite plan shall 
     provide notice to the Secretary of the intent to establish 
     the composite plan (or, in the case of a composite plan 
     incorporated as a component of a multiemployer plan as 
     described in paragraph (1), the intent to amend the 
     multiemployer plan to incorporate such composite plan) at 
     least 30 days prior to the effective date of such 
     establishment or amendment.
       ``(B) Certification.--In the case of a composite plan 
     incorporated as a component of a multiemployer plan as 
     described in paragraph (1), such notice shall include a 
     certification by the plan actuary under section 432(b)(3) 
     that the effective date of the amendment occurs in a plan 
     year for which the multiemployer plan is not in critical 
     status for that plan year and any of the succeeding 5 plan 
     years.
       ``(6) References to composite plan component.--As used in 
     this subpart, the term `composite plan' includes a composite 
     plan component added to a defined benefit plan pursuant to 
     paragraph (1).
       ``(7) Rule of construction.--Paragraph (2)(A) shall not be 
     construed as preventing the plan sponsor of a multiemployer 
     plan from adopting an amendment pursuant to paragraph (1) 
     because some collective bargaining agreements are amended to 
     cease any covered employer's obligation to contribute to the 
     multiemployer plan before or after the plan amendment is 
     effective. Paragraph (2)(B) shall not be construed as 
     preventing the plan sponsor of a multiemployer plan from 
     adopting an amendment pursuant to paragraph (1) because some 
     participants cease to have contributions made to the 
     multiemployer plan on their behalf before or after the plan 
     amendment is effective.
       ``(c) Coordination With Funding Rules.--Except as otherwise 
     provided in this title, sections 412, 431, and 432 shall not 
     apply to a composite plan.
       ``(d) Treatment of a Composite Plan.--For purposes of this 
     title (other than sections 412 and 418E), a composite plan 
     shall be treated as if it were a defined benefit plan unless 
     a different treatment is provided for under applicable law.

     ``SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.

       ``(a) Certification of Funded Ratios.--
       ``(1) In general.--Not later than the one-hundred twentieth 
     day of each plan year of a composite plan, the plan actuary 
     of the composite plan shall certify to the Secretary, the 
     Secretary of Labor, and the plan sponsor the plan's current 
     funded ratio and projected funded ratio for the plan year.
       ``(2) Determination of current funded ratio and projected 
     funded ratio.--For purposes of this section--
       ``(A) Current funded ratio.--The current funded ratio is 
     the ratio (expressed as a percentage) of--
       ``(i) the value of the plan's assets as of the first day of 
     the plan year, to
       ``(ii) the plan actuary's best estimate of the present 
     value of the plan liabilities as of the first day of the plan 
     year.
       ``(B) Projected funded ratio.--The projected funded ratio 
     is the current funded ratio projected to the first day of the 
     fifteenth plan year following the plan year for which the 
     determination is being made.
       ``(3) Consideration of contribution rate increases.--For 
     purposes of projections under this subsection, the plan 
     sponsor may anticipate contribution rate increases beyond the 
     term of the current collective bargaining agreement and any 
     agreed-to supplements, up to a maximum of 2.5 percent per 
     year, compounded annually, unless it would be unreasonable 
     under the circumstances to assume that contributions would 
     increase by that amount.
       ``(b) Actuarial Assumptions and Methods.--For purposes of 
     this part--
       ``(1) In general.--All costs, liabilities, rates of 
     interest, and other factors under the plan shall be 
     determined for a plan year on the basis of actuarial 
     assumptions and methods--
       ``(A) each of which is reasonable (taking into account the 
     experience of the plan and reasonable expectations),
       ``(B) which, in combination, offer the actuary's best 
     estimate of anticipated experience under the plan, and
       ``(C) with respect to which any change from the actuarial 
     assumptions and methods used in the previous plan year shall 
     be certified by the plan actuary and the actuarial rationale 
     for such change provided in the annual report required by 
     section 6058.
       ``(2) Fair market value of assets.--The value of the plan's 
     assets shall be taken into account on the basis of their fair 
     market value.
       ``(3) Determination of normal cost and plan liabilities.--A 
     plan's normal cost and liabilities shall be based on the most 
     recent actuarial valuation required under section 
     437(a)(5)(A) and the unit credit funding method.
       ``(4) Time when certain contributions deemed made.--Any 
     contributions for a plan year made by an employer after the 
     last day of such plan year, but not later than two and one-
     half months after such day, shall be deemed to have been made 
     on such last day. For purposes of this paragraph, such two 
     and one-half month period may be extended for not more than 
     six months under regulations prescribed by the Secretary.
       ``(5) Additional actuarial assumptions.--Except where 
     otherwise provided in this subpart, the provisions of section 
     432(b)(3)(B) shall apply to any determination or projection 
     under this subpart.

     ``SEC. 439. REALIGNMENT PROGRAM.

       ``(a) Realignment Program.--
       ``(1) Adoption.--In any case in which the plan actuary 
     certifies under section 438(a) that the plan's projected 
     funded ratio is below 120 percent for the plan year, the plan 
     sponsor shall adopt a realignment program under paragraph (2) 
     not later than 210 days after the due date of the 
     certification required under section 438(a). The plan sponsor 
     shall adopt an updated realignment program for each 
     succeeding plan

[[Page H5301]]

     year for which a certification described in the preceding 
     sentence is made.
       ``(2) Content of realignment program.--
       ``(A) In general.--A realignment program adopted under this 
     paragraph is a written program which consists of all 
     reasonable measures, including options or a range of options 
     to be undertaken by the plan sponsor or proposed to the 
     bargaining parties, formulated, based on reasonably 
     anticipated experience and reasonable actuarial assumptions, 
     to enable the plan to achieve a projected funded ratio of at 
     least 120 percent for the following plan year.
       ``(B) Initial program elements.--Reasonable measures under 
     a realignment program described in subparagraph (A) may 
     include any of the following:
       ``(i) Proposed contribution increases.
       ``(ii) A reduction in the rate of future benefit accruals, 
     so long as the resulting rate shall not be less than 1 
     percent of the contributions on which benefits are based as 
     of the start of the plan year (or the equivalent standard 
     accrual rate as described in section 432(e)(6)).
       ``(iii) A modification or elimination of adjustable 
     benefits of participants that are not in pay status before 
     the date of the notice required under subsection (b)(1).
       ``(iv) Any other legally available measures not 
     specifically described in this subparagraph or subparagraph 
     (C) or (D) that the plan sponsor determines are reasonable.
       ``(C) Additional program elements.--If the plan sponsor has 
     determined that all reasonable measures available under 
     subparagraph (B) will not enable the plan to achieve a 
     projected funded ratio of at least 120 percent the following 
     plan year, such reasonable measures may also include--
       ``(i) a reduction of accrued benefits that are not in pay 
     status by the date of the notice required under subsection 
     (b)(1), or
       ``(ii) a reduction of any benefits of participants that are 
     in pay status before the date of the notice required under 
     subsection (b)(1) other than core benefits as defined in 
     paragraph (4).
       ``(D) Additional reductions.--In the case of a composite 
     plan for which the plan sponsor has determined that all 
     reasonable measures available under subparagraphs (B) and (C) 
     will not enable the plan to achieve a projected funded ratio 
     of at least 120 percent for the following plan year, such 
     reasonable measures may also include--
       ``(i) a further reduction in the rate of future benefit 
     accruals without regard to the limitation applicable under 
     subparagraph (B)(ii), or
       ``(ii) a reduction of core benefits,
     provided that such reductions shall be equitably distributed 
     across the participant and beneficiary population, taking 
     into account factors, with respect to participants and 
     beneficiaries and their benefits, that may include one or 
     more of the factors listed in subclauses (I) through (X) of 
     section 432(e)(9)(D)(vi), to the extent necessary to enable 
     the plan to achieve a projected funded ratio of at least 120 
     percent for the following plan year, or at the election of 
     the plan sponsor, a projected funded ratio of at least 100 
     percent for the following plan year and a current funded 
     ratio of at least 90 percent.
       ``(3) Adjustable benefit defined.--For purposes of this 
     subpart, the term `adjustable benefit' means--
       ``(A) benefits, rights, and features under the plan, 
     including post-retirement death benefits, 60-month 
     guarantees, disability benefits not yet in pay status, and 
     similar benefits,
       ``(B) any early retirement benefit or retirement-type 
     subsidy (within the meaning of section 411(d)(6)(B)(i)) and 
     any benefit payment option (other than the qualified joint 
     and survivor annuity), and
       ``(C) benefit increases that were adopted (or, if later, 
     took effect) less than 60 months before the first day such 
     realignment program took effect.
       ``(4) Core benefit defined.--For purposes of this subpart, 
     the term `core benefit' means a participant's accrued benefit 
     payable in the normal form of an annuity commencing at normal 
     retirement age, determined without regard to--
       ``(A) any early retirement benefits, retirement-type 
     subsidies, or other benefits, rights, or features that may be 
     associated with that benefit, and
       ``(B) any cost-of-living adjustments or benefit increases 
     effective after the date of retirement.
       ``(5) Coordination with contribution increases.--
       ``(A) In general.--A realignment program may provide that 
     some or all of the benefit modifications described in the 
     program will only take effect if the bargaining parties fail 
     to agree to specified levels of increases in contributions to 
     the plan, effective as of specified dates.
       ``(B) Independent benefit modifications.--If a realignment 
     program adopts any changes to the benefit formula that are 
     independent of potential contribution increases, such changes 
     shall take effect not later than 180 days following the first 
     day of the first plan year that begins following the adoption 
     of the realignment program.
       ``(C) Conditional benefit modifications.--If a realignment 
     program adopts any changes to the benefit formula that take 
     effect only if the bargaining parties fail to agree to 
     contribution increases, such changes shall take effect not 
     later than the first day of the first plan year beginning 
     after the third anniversary of the date of adoption of the 
     realignment program.
       ``(D) Revocation of certain benefit modifications.--Benefit 
     modifications described in paragraph (3) may be revoked, in 
     whole or in part, and retroactively or prospectively, when 
     contributions to the plan are increased, as specified in the 
     realignment program, including any amendments thereto. The 
     preceding sentence shall not apply unless the contribution 
     increases are to be effective not later than the fifth 
     anniversary of the first day of the first plan year that 
     begins after the adoption of the realignment program.
       ``(b) Notice.--
       ``(1) In general.--In any case in which it is certified 
     under section 438(a) that the projected funded ratio is less 
     than 120 percent, the plan sponsor shall, not later than 30 
     days after the date of the certification, provide 
     notification of the current and projected funded ratios to 
     the participants and beneficiaries, the bargaining parties, 
     and the Secretary. Such notice shall include--
       ``(A) an explanation that contribution rate increases or 
     benefit reductions may be necessary,
       ``(B) a description of the types of benefits that might be 
     reduced, and
       ``(C) an estimate of the contribution increases and benefit 
     reductions that may be necessary to achieve a projected 
     funded ratio of 120 percent.
       ``(2) Notice of benefit modifications.--
       ``(A) In general.--No modifications may be made that reduce 
     the rate of future benefit accrual or that reduce core 
     benefits or adjustable benefits unless notice of such 
     reduction has been given at least 180 days before the general 
     effective date of such reduction for all participants and 
     beneficiaries to--
       ``(i) plan participants and beneficiaries,
       ``(ii) each employer who has an obligation to contribute to 
     the composite plan, and
       ``(iii) each employee organization which, for purposes of 
     collective bargaining, represents plan participants employed 
     by such employers.
       ``(B) Content of notice.--The notice under subparagraph (A) 
     shall contain--
       ``(i) sufficient information to enable participants and 
     beneficiaries to understand the effect of any reduction on 
     their benefits, including an illustration of any affected 
     benefit or subsidy, on an annual or monthly basis that a 
     participant or beneficiary would otherwise have been eligible 
     for as of the general effective date described in 
     subparagraph (A), and
       ``(ii) information as to the rights and remedies of plan 
     participants and beneficiaries as well as how to contact the 
     Department of Labor for further information and assistance, 
     where appropriate.
       ``(C) Form and manner.--Any notice under subparagraph (A)--
       ``(i) shall be provided in a form and manner prescribed in 
     regulations of the Secretary of Labor,
       ``(ii) shall be written in a manner so as to be understood 
     by the average plan participant.
       ``(3) Model notices.--The Secretary shall--
       ``(A) prescribe model notices that the plan sponsor of a 
     composite plan may use to satisfy the notice requirements 
     under this subsection, and
       ``(B) by regulation enumerate any details related to the 
     elements listed in paragraph (1) that any notice under this 
     subsection must include.
       ``(4) Delivery method.--Any notice under this part shall be 
     provided in writing and may also be provided in electronic 
     form to the extent that the form is reasonably accessible to 
     persons to whom the notice is provided.

     ``SEC. 440. LIMITATION ON INCREASING BENEFITS.

       ``(a) Level of Current Funded Ratios.--Except as provided 
     in subsections (c), (d), and (e), no plan amendment 
     increasing benefits or establishing new benefits under a 
     composite plan may be adopted for a plan year unless--
       ``(1) the plan's current funded ratio is at least 110 
     percent (without regard to the benefit increase or new 
     benefits),
       ``(2) taking the benefit increase or new benefits into 
     account, the current funded ratio is at least 100 percent and 
     the projected funded ratio for the current plan year is at 
     least 120 percent,
       ``(3) in any case in which, after taking the benefit 
     increase or new benefits into account, the current funded 
     ratio is less than 140 percent or the projected funded ratio 
     is less than 140 percent, the benefit increase or new 
     benefits are projected by the plan actuary to increase the 
     present value of the plan's liabilities for the plan year by 
     not more than 3 percent, and
       ``(4) expected contributions for the current plan year are 
     at least 120 percent of normal cost for the plan year, 
     determined using the unit credit funding method and treating 
     the benefit increase or new benefits as in effect for the 
     entire plan year.
       ``(b) Additional Requirements Where Core Benefits 
     Reduced.--If a plan has been amended to reduce core benefits 
     pursuant to a realignment program under section 439(a)(2)(D), 
     such plan may not be subsequently amended to increase core 
     benefits unless the amendment--
       ``(1) increases the level of future benefit payments only, 
     and
       ``(2) provides for an equitable distribution of benefit 
     increases across the participant and beneficiary population, 
     taking into account the extent to which the benefits of 
     participants were previously reduced pursuant to such 
     realignment program.
       ``(c) Exception To Comply With Applicable Law.--Subsection 
     (a) shall not apply in connection with a plan amendment if 
     the amendment is required as a condition of qualification 
     under part I of subchapter D of chapter 1 or to comply with 
     other applicable law.
       ``(d) Exception Where Maximum Deductible Limit Applies.--
     Subsection (a) shall not apply in connection with a plan 
     amendment if and to the extent that contributions to the 
     composite plan would not be deductible for the plan year 
     under section 404(a)(1)(E) if the plan amendment is not 
     adopted. The Secretary of the Treasury shall issue 
     regulations to implement this paragraph.
       ``(e) Exception for Certain Benefit Modifications.--
     Subsection (a) shall not apply in connection with a plan 
     amendment under section 439(a)(5)(C), regarding conditional 
     benefit modifications.
       ``(f) Treatment of Plan Amendments.--For purposes of this 
     section--
       ``(1) if two or more plan amendments increasing benefits or 
     establishing new benefits are

[[Page H5302]]

     adopted in a plan year, such amendments shall be treated as a 
     single amendment adopted on the last day of the plan year,
       ``(2) all benefit increases and new benefits adopted in a 
     single amendment are treated as a single benefit increase, 
     irrespective of whether the increases and new benefits take 
     effect in more than one plan year, and
       ``(3) increases in contributions or decreases in plan 
     liabilities which are scheduled to take effect in future plan 
     years may be taken into account in connection with a plan 
     amendment if they have been agreed to in writing or otherwise 
     formalized by the date the plan amendment is adopted.

     ``SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRESERVE LEGACY 
                   PLAN FUNDING.

       ``(a) Treatment as a Legacy Plan.--
       ``(1) In general.--For purposes of this subchapter, a 
     defined benefit plan shall be treated as a legacy plan with 
     respect to the composite plan under which the employees who 
     were eligible to accrue a benefit under the defined benefit 
     plan become eligible to accrue a benefit under such composite 
     plan.
       ``(2) Component plans.--In any case in which a defined 
     benefit plan is amended to add a composite plan component 
     pursuant to section 437(b), paragraph (1) shall be applied by 
     substituting `defined benefit component' for `defined benefit 
     plan' and `composite plan component' for `composite plan'.
       ``(3) Eligible to accrue a benefit.--For purposes of 
     paragraph (1), an employee is considered eligible to accrue a 
     benefit under a composite plan as of the first day in which 
     the employee completes an hour of service under a collective 
     bargaining agreement that provides for contributions to and 
     accruals under the composite plan in lieu of accruals under 
     the legacy plan.
       ``(4) Collective bargaining agreement.--As used in this 
     subpart, the term `collective bargaining agreement' includes 
     any agreement under which an employer has an obligation to 
     contribute to a plan.
       ``(5) Other terms.--Any term used in this subpart which is 
     not defined in this part and which is also used in section 
     432 shall have the same meaning provided such term in such 
     section.
       ``(b) Restrictions on Acceptance by Composite Plan of 
     Agreements and Contributions.--
       ``(1) In general.--The plan sponsor of a composite plan 
     shall not accept or recognize a collective bargaining 
     agreement (or any modification to such agreement), and no 
     contributions may be accepted and no benefits may be accrued 
     or otherwise earned under the agreement--
       ``(A) in any case in which the plan actuary of any defined 
     benefit plan that would be treated as a legacy plan with 
     respect to such composite plan has certified under section 
     432(b)(3) that such defined benefit plan is or will be in 
     critical status for the plan year in which such agreement 
     would take effect or for any of the succeeding 5 plan years, 
     and
       ``(B) unless the agreement requires each employer who is a 
     party to such agreement, including employers whose employees 
     are not participants in the legacy plan, to provide 
     contributions to the legacy plan with respect to such 
     composite plan in a manner that satisfies the transition 
     contribution requirements of subsection (d).
       ``(2) Notice.--Not later than 30 days after a determination 
     by a plan sponsor of a composite plan that an agreement fails 
     to satisfy the requirements described in paragraph (1), the 
     plan sponsor shall provide notification of such failure and 
     the reasons for such determination to--
       ``(A) the parties to the agreement,
       ``(B) active participants of the composite plan who have 
     ceased to accrue or otherwise earn benefits with respect to 
     service with an employer pursuant to paragraph (1), and
       ``(C) the Secretary of Labor, the Secretary of the 
     Treasury, and the Pension Benefit Guaranty Corporation.
       ``(3) Limitation on retroactive effect.--This subsection 
     shall not apply to benefits accrued before the date on which 
     notice is provided under paragraph (2).
       ``(c) Restriction on Accrual of Benefits Under a Composite 
     Plan.--
       ``(1) In general.--In any case in which an employer, under 
     a collective bargaining agreement entered into after the date 
     of enactment of the Giving Retirement Options to Workers Act 
     of 2020, ceases to have an obligation to contribute to a 
     multiemployer defined benefit plan, no employees employed by 
     the employer may accrue or otherwise earn benefits under any 
     composite plan, with respect to service with that employer, 
     for a 60-month period beginning on the date on which the 
     employer entered into such collective bargaining agreement.
       ``(2) Notice of cessation of obligation.--Within 30 days of 
     determining that an employer has ceased to have an obligation 
     to contribute to a legacy plan with respect to employees 
     employed by an employer that is or will be contributing to a 
     composite plan with respect to service of such employees, the 
     plan sponsor of the legacy plan shall notify the plan sponsor 
     of the composite plan of that cessation.
       ``(3) Notice of cessation of accruals.--Not later than 30 
     days after determining that an employer has ceased to have an 
     obligation to contribute to a legacy plan, the plan sponsor 
     of the composite plan shall notify the bargaining parties, 
     the active participants affected by the cessation of 
     accruals, the Secretary, the Secretary of Labor, and the 
     Pension Benefit Guaranty Corporation of the cessation of 
     accruals, the period during which such cessation is in 
     effect, and the reasons therefor.
       ``(4) Limitation on retroactive effect.--This subsection 
     shall not apply to benefits accrued before the date on which 
     notice is provided under paragraph (3).
       ``(d) Transition Contribution Requirements.--
       ``(1) In general.--A collective bargaining agreement 
     satisfies the transition contribution requirements of this 
     subsection if the agreement--
       ``(A) authorizes for payment of contributions to a legacy 
     plan at a rate or rates equal to or greater than the 
     transition contribution rate established under paragraph (2), 
     and
       ``(B) does not provide for--
       ``(i) a suspension of contributions to the legacy plan with 
     respect to any period of service, or
       ``(ii) any new direct or indirect exclusion of younger or 
     newly hired employees of the employer from being taken into 
     account in determining contributions owed to the legacy plan.
       ``(2) Transition contribution rate.--
       ``(A) In general.--The transition contribution rate for a 
     plan year is the contribution rate that, as certified by the 
     actuary of the legacy plan in accordance with the principles 
     in section 432(b)(3)(B), is reasonably expected to be 
     adequate--
       ``(i) to fund the normal cost for the plan year,
       ``(ii) to amortize the plan's unfunded liabilities in level 
     annual installments over 25 years, beginning with the plan 
     year in which the transition contribution rate is first 
     established, and
       ``(iii) to amortize any subsequent changes in the legacy 
     plan's unfunded liability due to experience gains or losses 
     (including investment gains or losses, gains or losses due to 
     contributions greater or less than the contributions made 
     under the prior transition contribution rate, and other 
     actuarial gains or losses), changes in actuarial assumptions, 
     changes to the legacy plan's benefits, or changes in funding 
     method over a period of 15 plan years beginning with the plan 
     year in which such change in unfunded liability is incurred.
     The transition contribution rate for any plan year may not be 
     less than the transition contribution rate for the plan year 
     in which such rate is first established.
       ``(B) Multiple rates.--If different rates of contribution 
     are payable to the legacy plan by different employers or for 
     different classes of employees, the certification shall 
     specify a transition contribution rate for each such 
     employer.
       ``(C) Rate applicable to employer.--
       ``(i) In general.--Except as provided by clause (ii), the 
     transition contribution rate applicable to an employer for a 
     plan year is the rate in effect for the plan year of the 
     legacy plan that commences on or after 180 days before the 
     earlier of--

       ``(I) the effective date of the collective bargaining 
     agreement pursuant to which the employer contributes to the 
     legacy plan, or
       ``(II) 5 years after the last plan year for which the 
     transition contribution rate applicable to the employer was 
     established or updated.

       ``(ii) Exception.--The transition contribution rate 
     applicable to an employer for the first plan year beginning 
     on or after the commencement of the employer's obligation to 
     contribute to the composite plan is the rate in effect for 
     the plan year of the legacy plan that commences on or after 
     180 days before such first plan year.
       ``(D) Effect of legacy plan financial circumstances.--If 
     the plan actuary of the legacy plan has certified under 
     section 432 that the plan is in endangered or critical status 
     for a plan year, the transition contribution rate for the 
     following plan year is the rate determined with respect to 
     the employer under the legacy plan's funding improvement or 
     rehabilitation plan under section 432, if greater than the 
     rate otherwise determined, but in no event greater than 75 
     percent of the sum of the contribution rates applicable to 
     the legacy plan and the composite plan for the plan year.
       ``(E) Other actuarial assumptions and methods.--Except as 
     provided in subparagraph (A), the determination of the 
     transition contribution rate for a plan year shall be based 
     on actuarial assumptions and methods consistent with the 
     minimum funding determinations made under section 431 (or, if 
     applicable, section 432) with respect to the legacy plan for 
     the plan year.
       ``(F) Adjustments in rate.--The plan sponsor of a legacy 
     plan from time to time may adjust the transition contribution 
     rate or rates applicable to an employer under this paragraph 
     by increasing some rates and decreasing others if the actuary 
     certifies that such adjusted rates in combination will 
     produce projected contribution income for the plan year 
     beginning on or after the date of certification that is not 
     less than would be produced by the transition contribution 
     rates in effect at the time of the certification.
       ``(G) Notice of transition contribution rate.--The plan 
     sponsor of a legacy plan shall provide notice to the parties 
     to collective bargaining agreements pursuant to which 
     contributions are made to the legacy plan of changes to the 
     transition contribution rate requirements at least 30 days 
     before the beginning of the plan year for which the rate is 
     effective.
       ``(H) Notice to composite plan sponsor.--Not later than 30 
     days after a determination by the plan sponsor of a legacy 
     plan that a collective bargaining agreement provides for a 
     rate of contributions that is below the transition 
     contribution rate applicable to one or more employers that 
     are parties to the collective bargaining agreement, the plan 
     sponsor of the legacy plan shall notify the plan sponsor of 
     any composite plan under which employees of such employer 
     would otherwise be eligible to accrue a benefit.
       ``(3) Correction procedures.--Pursuant to standards 
     prescribed by the Secretary of Labor, the plan sponsor of a 
     composite plan shall adopt rules and procedures that give the 
     parties to the collective bargaining agreement notice of the 
     failure of such agreement to satisfy the transition 
     contribution requirements of this subsection, and a 
     reasonable opportunity to correct

[[Page H5303]]

     such failure, not to exceed 180 days from the date of notice 
     given under subsection (b)(2).
       ``(4) Supplemental contributions.--A collective bargaining 
     agreement may provide for supplemental contributions to the 
     legacy plan for a plan year in excess of the transition 
     contribution rate determined under paragraph (2), regardless 
     of whether the legacy plan is in endangered or critical 
     status for such plan year.
       ``(e) Nonapplication of Composite Plan Restrictions.--
       ``(1) In general.--The provisions of subsections (a), (b), 
     and (c) shall not apply with respect to a collective 
     bargaining agreement, to the extent the agreement, or a 
     predecessor agreement, provides or provided for contributions 
     to a defined benefit plan that is a legacy plan, as of the 
     first day of the first plan year following a plan year for 
     which the plan actuary certifies that the plan is fully 
     funded, has been fully funded for at least three out of the 
     immediately preceding 5 plan years, and is projected to 
     remain fully funded for at least the following 4 plan years.
       ``(2) Determination of fully funded.--A plan is fully 
     funded for purposes of paragraph (1) if, as of the valuation 
     date of the plan for a plan year, the value of the plan's 
     assets equals or exceeds the present value of the plan's 
     liabilities, determined in accordance with the rules 
     prescribed by the Pension Benefit Guaranty Corporation under 
     sections 4219(c)(1)(D) and 4281 of Employee Retirement Income 
     and Security Act for multiemployer plans terminating by mass 
     withdrawal, as in effect for the date of the determination, 
     except the plan's reasonable assumption regarding the 
     starting date of benefits may be used.
       ``(3) Other applicable rules.--Except as provided in 
     paragraph (2), actuarial determinations and projections under 
     this section shall be based on the rules in section 432(b)(3) 
     and section 438(b).

     ``SEC. 440B. MERGERS AND ASSET TRANSFERS OF COMPOSITE PLANS.

       ``(a) In General.--Assets and liabilities of a composite 
     plan may only be merged with, or transferred to, another plan 
     if--
       ``(1) the other plan is a composite plan,
       ``(2) the plan or plans resulting from the merger or 
     transfer is a composite plan,
       ``(3) no participant's accrued benefit or adjustable 
     benefit is lower immediately after the transaction than it 
     was immediately before the transaction, and
       ``(4) the value of the assets transferred in the case of a 
     transfer reasonably reflects the value of the amounts 
     contributed with respect to the participants whose benefits 
     are being transferred, adjusted for allocable distributions, 
     investment gains and losses, and administrative expenses.
       ``(b) Legacy Plan.--
       ``(1) In general.--After a merger or transfer involving a 
     composite plan, the legacy plan with respect to an employer 
     that is obligated to contribute to the resulting composite 
     plan is the legacy plan that applied to that employer 
     immediately before the merger or transfer.
       ``(2) Multiple legacy plans.--If an employer is obligated 
     to contribute to more than one legacy plan with respect to 
     employees eligible to accrue benefits under more than one 
     composite plan and there is a merger or transfer of such 
     legacy plans, the transition contribution rate applicable to 
     the legacy plan resulting from the merger or transfer with 
     respect to that employer shall be determined in accordance 
     with the provisions of section 440A(d)(2)(B).''.
       (2) Clerical amendment.--The table of subparts for part III 
     of subchapter D of chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

            ``subpart c. composite plans and legacy plans''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.

     SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO COMPOSITE 
                   PLANS.

       (a) Amendments to the Employee Retirement Income Security 
     Act of 1974.--
       (1) Treatment for purposes of funding notices.--Section 
     101(f) of the Employee Retirement Income Security Act of 1974 
     (29 U.S.C. 1021(f)) is amended--
       (A) in paragraph (1) by striking ``title IV applies'' and 
     inserting ``title IV applies or which is a composite plan''; 
     and
       (B) by adding at the end the following:
       ``(5) Application to composite plans.--The provisions of 
     this subsection shall apply to a composite plan only to the 
     extent prescribed by the Secretary in regulations that take 
     into account the differences between a composite plan and a 
     defined benefit plan that is a multiemployer plan.''.
       (2) Treatment for purposes of annual report.--Section 103 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1023) is amended--
       (A) in subsection (d) by adding at the end the following 
     sentence: ``The provisions of this subsection shall apply to 
     a composite plan only to the extent prescribed by the 
     Secretary in regulations that take into account the 
     differences between a composite plan and a defined benefit 
     plan that is a multiemployer plan.'';
       (B) in subsection (f) by adding at the end the following:
       ``(3) Additional information for composite plans.--With 
     respect to any composite plan--
       ``(A) the provisions of paragraph (1)(A) shall apply by 
     substituting `current funded ratio and projected funded ratio 
     (as such terms are defined in section 802(a)(2))' for `funded 
     percentage' each place it appears; and
       ``(B) the provisions of paragraph (2) shall apply only to 
     the extent prescribed by the Secretary in regulations that 
     take into account the differences between a composite plan 
     and a defined benefit plan that is a multiemployer plan.''; 
     and
       (C) by adding at the end the following:
       ``(h) Composite Plans.--A multiemployer plan that 
     incorporates the features of a composite plan as provided in 
     section 801(b) shall be treated as a single plan for purposes 
     of the report required by this section, except that separate 
     financial statements and actuarial statements shall be 
     provided under paragraphs (3) and (4) of subsection (a) for 
     the defined benefit plan component and for the composite plan 
     component of the multiemployer plan.''.
       (3) Treatment for purposes of pension benefit statements.--
     Section 105(a) of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1025(a)) is amended by adding at the end 
     the following:
       ``(4) Composite plans.--For purposes of this subsection, a 
     composite plan shall be treated as a defined benefit plan to 
     the extent prescribed by the Secretary in regulations that 
     take into account the differences between a composite plan 
     and a defined benefit plan that is a multiemployer plan.''.
       (b) Amendments to the Internal Revenue Code of 1986.--
     Section 6058 of the Internal Revenue Code of 1986 is amended 
     by redesignating subsection (f) as subsection (g) and by 
     inserting after subsection (e) the following:
       ``(f) Composite Plans.--A multiemployer plan that 
     incorporates the features of a composite plan as provided in 
     section 437(b) shall be treated as a single plan for purposes 
     of the return required by this section, except that separate 
     financial statements shall be provided for the defined 
     benefit plan component and for the composite plan component 
     of the multiemployer plan.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.

     SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE IV.

       (a) Definition.--Section 4001(a) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1301(a)) is amended by 
     striking the period at the end of paragraph (21) and 
     inserting a semicolon and by adding at the end the following:
       ``(22) Composite plan.--The term `composite plan' has the 
     meaning set forth in section 801.''.
       (b) Composite Plans Disregarded for Calculating Premiums.--
     Section 4006(a) of such Act (29 U.S.C. 1306(a)) is amended by 
     adding at the end the following:
       ``(9) The composite plan component of a multiemployer plan 
     shall be disregarded in determining the premiums due under 
     this section from the multiemployer plan.''.
       (c) Composite Plans Not Covered.--Section 4021(b)(1) of 
     such Act (29 U.S.C. 1321(b)(1)) is amended by striking 
     ``Act'' and inserting ``Act, or a composite plan, as defined 
     in paragraph (43) of section 3 of this Act''.
       (d) No Withdrawal Liability.--Section 4201 of such Act (29 
     U.S.C. 1381) is amended by adding at the end the following:
       ``(c) Contributions by an employer to the composite plan 
     component of a multiemployer plan shall not be taken into 
     account for any purpose under this title.''.
       (e) No Withdrawal Liability for Certain Plans.--Section 
     4201 of such Act (29 U.S.C. 1381) is further amended by 
     adding at the end the following:
       ``(d) Contributions by an employer to a multiemployer plan 
     described in the except clause of section 3(35) of this Act 
     pursuant to a collective bargaining agreement that 
     specifically designates that such contributions shall be 
     allocated to the separate defined contribution accounts of 
     participants under the plan shall not be taken into account 
     with respect to the defined benefit portion of the plan for 
     any purpose under this title (including the determination of 
     the employer's highest contribution rate under section 4219), 
     even if, under the terms of the plan, participants have the 
     option to transfer assets in their separate defined 
     contribution accounts to the defined benefit portion of the 
     plan in return for service credit under the defined benefit 
     portion, at rates established by the plan sponsor.
       ``(e) A legacy plan created under section 805 shall be 
     deemed to have no unfunded vested benefits for purposes of 
     this part, for each plan year following a period of 5 
     consecutive plan years for which--
       ``(1) the plan was fully funded within the meaning of 
     section 805 for at least 3 of the plan years during that 
     period, ending with a plan year for which the plan is fully 
     funded;
       ``(2) the plan had no unfunded vested benefits for at least 
     3 of the plan years during that period, ending with a plan 
     year for which the plan is fully funded; and
       ``(3) the plan is projected to be fully funded and to have 
     no unfunded vested benefits for the following four plan 
     years.''.
       (f) No Withdrawal Liability for Employers Contributing to 
     Certain Fully Funded Legacy Plans.--Section 4211 of such Act 
     (29 U.S.C. 1382) is amended by adding at the end the 
     following:
       ``(g) No amount of unfunded vested benefits shall be 
     allocated to an employer that has an obligation to contribute 
     to a legacy plan described in subsection (e) of section 4201 
     for each plan year for which such subsection applies.''.
       (g) No Obligation To Contribute.--Section 4212 of such Act 
     (29 U.S.C. 1392) is amended by adding at the end the 
     following:
       ``(d) No Obligation To Contribute.--An employer shall not 
     be treated as having an obligation to contribute to a 
     multiemployer defined benefit plan within the meaning of 
     subsection (a) solely because--
       ``(1) in the case of a multiemployer plan that includes a 
     composite plan component, the employer has an obligation to 
     contribute to the composite plan component of the plan;
       ``(2) the employer has an obligation to contribute to a 
     composite plan that is maintained

[[Page H5304]]

     pursuant to one or more collective bargaining agreements 
     under which the multiemployer defined benefit plan is or 
     previously was maintained; or
       ``(3) the employer contributes or has contributed under 
     section 805(d) to a legacy plan associated with a composite 
     plan pursuant to a collective bargaining agreement but 
     employees of that employer were not eligible to accrue 
     benefits under the legacy plan with respect to service with 
     that employer.''.
       (h) No Inference.--Nothing in the amendment made by 
     subsection (e) shall be construed to create an inference with 
     respect to the treatment under title IV of the Employee 
     Retirement Income Security Act of 1974, as in effect before 
     such amendment, of contributions by an employer to a 
     multiemployer plan described in the except clause of section 
     3(35) of such Act that are made before the effective date of 
     subsection (e) specified in subsection (h)(2).
       (i) Effective Date.--
       (1) In general.--Except as provided in subparagraph (2), 
     the amendments made by this section shall apply to plan years 
     beginning after the date of the enactment of this Act.
       (2) Special rule for section 414(k) multiemployer plans.--
     The amendment made by subsection (e) shall apply only to 
     required contributions payable for plan years beginning after 
     the date of the enactment of this Act.

     SEC. 105. CONFORMING CHANGES.

       (a) Definitions.--Section 3 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1002) is amended--
       (1) in paragraph (35), by inserting ``or a composite plan'' 
     after ``other than an individual account plan''; and
       (2) by adding at the end the following:
       ``(43) The term `composite plan' has the meaning given the 
     term in section 801(a).''.
       (b) Special Funding Rule for Certain Legacy Plans.--
       (1) Amendment to employee retirement income security act of 
     1974.--Section 304(b) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding 
     at the end the following:
       ``(9) Special funding rule for certain legacy plans.--In 
     the case of a multiemployer defined benefit plan that has 
     adopted an amendment under section 801(b), in accordance with 
     which no further benefits shall accrue under the 
     multiemployer defined benefit plan, the plan sponsor may 
     combine the outstanding balance of all charge and credit 
     bases and amortize that combined base in level annual 
     installments (until fully amortized) over a period of 25 plan 
     years beginning with the plan year following the date all 
     benefit accruals ceased.''.
       (2) Amendment to internal revenue code of 1986.--Section 
     431(b) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following:
       ``(9) Special funding rule for certain legacy plans.--In 
     the case of a multiemployer defined benefit plan that has 
     adopted an amendment under section 437(b), in accordance with 
     which no further benefits shall accrue under the 
     multiemployer defined benefit plan, the plan sponsor may 
     combine the outstanding balance of all charge and credit 
     bases and amortize that combined base in level annual 
     installments (until fully amortized) over a period of 25 plan 
     years beginning with the plan year following the date on 
     which all benefit accruals ceased.''.
       (c) Benefits After Merger, Consolidation, or Transfer of 
     Assets.--
       (1) Amendment to employee retirement income security act of 
     1974.--Section 208 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1058) is amended--
       (A) by striking so much of the first sentence as precedes 
     ``may not merge'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), a 
     pension plan may not merge, and''; and
       (B) by striking the second sentence and adding at the end 
     the following:
       ``(2) Special requirements for multiemployer plans.--
     Paragraph (1) shall not apply to any transaction to the 
     extent that participants either before or after the 
     transaction are covered under a multiemployer plan to which 
     title IV of this Act applies or a composite plan.''.
       (2) Amendments to internal revenue code of 1986.--
       (A) Qualification requirement.--Section 401(a)(12) of the 
     Internal Revenue Code of 1986 is amended--
       (i) by striking ``(12) A trust'' and inserting the 
     following:
       ``(12) Benefits after merger, consolidation, or transfer of 
     assets.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a trust'';
       (ii) by striking the second sentence; and
       (iii) by adding at the end the following:
       ``(B) Special requirements for multiemployer plans.--
     Subparagraph (A) shall not apply to any multiemployer plan 
     with respect to any transaction to the extent that 
     participants either before or after the transaction are 
     covered under a multiemployer plan to which title IV of the 
     Employee Retirement Income Security Act of 1974 applies or a 
     composite plan.''.
       (B) Additional qualification requirement.--Paragraph (1) of 
     section 414(l) of such Code is amended--
       (i) by striking ``(1) In general'' and all that follows 
     through ``shall not constitute'' and inserting the following:
       ``(1) Benefit protections: merger, consolidation, 
     transfer.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a trust which forms a part of a plan shall not constitute''; 
     and
       (ii) by striking the second sentence; and
       (iii) by adding at the end the following:
       ``(B) Special requirements for multiemployer plans.--
     Subparagraph (A) does not apply to any multiemployer plan 
     with respect to any transaction to the extent that 
     participants either before or after the transaction are 
     covered under a multiemployer plan to which title IV of the 
     Employee Retirement Income Security Act of 1974 applies or a 
     composite plan.''.
       (d) Requirements for Status as a Qualified Plan.--
       (1) Requirement that actuarial assumptions be specified.--
     Section 401(a)(25) of the Internal Revenue Code of 1986 is 
     amended by inserting ``(in the case of a composite plan, 
     benefits objectively calculated pursuant to a formula)'' 
     after ``definitely determinable benefits''.
       (2) Missing participants in terminating composite plan.--
     Section 401(a)(34) of the Internal Revenue Code of 1986 is 
     amended by striking ``, a trust'' and inserting ``or a 
     composite plan, a trust''.
       (e) Deduction for Contributions to a Qualified Plan.--
     Section 404(a)(1) of the Internal Revenue Code of 1986 is 
     amended by redesignating subparagraph (E) as subparagraph (F) 
     and by inserting after subparagraph (D) the following:
       ``(E) Composite plans.--
       ``(i) In general.--In the case of a composite plan, 
     subparagraph (D) shall not apply and the maximum amount 
     deductible for a plan year shall be the excess (if any) of--

       ``(I) 160 percent of the greater of--

       ``(aa) the current liability of the plan determined in 
     accordance with the principles of section 431(c)(6)(D), or
       ``(bb) the present value of plan liabilities as determined 
     under section 438, over

       ``(II) the fair market value of the plan's assets, 
     projected to the end of the plan year.

       ``(ii) Special rules for predecessor multiemployer plan to 
     composite plan.--

       ``(I) In general.--Except as provided in subclause (II), if 
     an employer contributes to a composite plan with respect to 
     its employees, contributions by that employer to a 
     multiemployer defined benefit plan with respect to some or 
     all of the same group of employees shall be deductible under 
     sections 162 and this section, subject to the limits in 
     subparagraph (D).
       ``(II) Transition contribution.--The full amount of a 
     contribution to satisfy the transition contribution 
     requirement (as defined in section 440A(d)) and allocated to 
     the legacy defined benefit plan for the plan year shall be 
     deductible for the employer's taxable year ending with or 
     within the plan year.''.

       (f) Minimum Vesting Standards.--
       (1) Years of service under composite plans.--
       (A) Employee retirement income security act of 1974.--
     Section 203 of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1053) is amended by inserting after 
     subsection (f) the following:
       ``(g) Special Rules for Computing Years of Service Under 
     Composite Plans.--
       ``(1) In general.--In determining a qualified employee's 
     years of service under a composite plan for purposes of this 
     section, the employee's years of service under a legacy plan 
     shall be treated as years of service earned under the 
     composite plan. For purposes of such determination, a 
     composite plan shall not be treated as a defined benefit plan 
     pursuant to section 801(d).
       ``(2) Qualified employee.--For purposes of this subsection, 
     an employee is a qualified employee if the employee first 
     completes an hour of service under the composite plan 
     (determined without regard to the provisions of this 
     subsection) within the 12-month period immediately preceding 
     or the 24-month period immediately following the date the 
     employee ceased to accrue benefits under the legacy plan.
       ``(3) Certification of years of service.--For purposes of 
     paragraph (1), the plan sponsor of the composite plan shall 
     rely on a written certification by the plan sponsor of the 
     legacy plan of the years of service the qualified employee 
     completed under the defined benefit plan as of the date the 
     employee satisfies the requirements of paragraph (2), 
     disregarding any years of service that had been forfeited 
     under the rules of the defined benefit plan before that date.
       ``(h) Special Rules for Computing Years of Service Under 
     Legacy Plans.--
       ``(1) In general.--In determining a qualified employee's 
     years of service under a legacy plan for purposes of this 
     section, and in addition to any service under applicable 
     regulations, the employee's years of service under a 
     composite plan shall be treated as years of service earned 
     under the legacy plan. For purposes of such determination, a 
     composite plan shall not be treated as a defined benefit plan 
     pursuant to section 801(d).
       ``(2) Qualified employee.--For purposes of this subsection, 
     an employee is a qualified employee if the employee first 
     completes an hour of service under the composite plan 
     (determined without regard to the provisions of this 
     subsection) within the 12-month period immediately preceding 
     or the 24-month period immediately following the date the 
     employee ceased to accrue benefits under the legacy plan.
       ``(3) Certification of years of service.--For purposes of 
     paragraph (1), the plan sponsor of the legacy plan shall rely 
     on a written certification by the plan sponsor of the 
     composite plan of the years of service the qualified employee 
     completed under the composite plan after the employee 
     satisfies the requirements of paragraph (2), disregarding any 
     years of service that has been forfeited under the rules of 
     the composite plan.''.
       (B) Internal revenue code of 1986.--Section 411(a) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:
       ``(14) Special rules for determining years of service under 
     composite plans.--
       ``(A) In general.--In determining a qualified employee's 
     years of service under a composite plan for purposes of this 
     subsection, the employee's years of service under a legacy 
     plan shall be

[[Page H5305]]

     treated as years of service earned under the composite plan. 
     For purposes of such determination, a composite plan shall 
     not be treated as a defined benefit plan pursuant to section 
     437(d).
       ``(B) Qualified employee.--For purposes of this paragraph, 
     an employee is a qualified employee if the employee first 
     completes an hour of service under the composite plan 
     (determined without regard to the provisions of this 
     paragraph) within the 12-month period immediately preceding 
     or the 24-month period immediately following the date the 
     employee ceased to accrue benefits under the legacy plan.
       ``(C) Certification of years of service.--For purposes of 
     subparagraph (A), the plan sponsor of the composite plan 
     shall rely on a written certification by the plan sponsor of 
     the legacy plan of the years of service the qualified 
     employee completed under the legacy plan as of the date the 
     employee satisfies the requirements of subparagraph (B), 
     disregarding any years of service that had been forfeited 
     under the rules of the defined benefit plan before that date.
       ``(15) Special rules for computing years of service under 
     legacy plans.--
       ``(A) In general.--In determining a qualified employee's 
     years of service under a legacy plan for purposes of this 
     section, and in addition to any service under applicable 
     regulations, the employee's years of service under a 
     composite plan shall be treated as years of service earned 
     under the legacy plan. For purposes of such determination, a 
     composite plan shall not be treated as a defined benefit plan 
     pursuant to section 437(d).
       ``(B) Qualified employee.--For purposes of this paragraph, 
     an employee is a qualified employee if the employee first 
     completes an hour of service under the composite plan 
     (determined without regard to the provisions of this 
     paragraph) within the 12-month period immediately preceding 
     or the 24-month period immediately following the date the 
     employee ceased to accrue benefits under the legacy plan.
       ``(C) Certification of years of service.--For purposes of 
     subparagraph (A), the plan sponsor of the legacy plan shall 
     rely on a written certification by the plan sponsor of the 
     composite plan of the years of service the qualified employee 
     completed under the composite plan after the employee 
     satisfies the requirements of subparagraph (B), disregarding 
     any years of service that has been forfeited under the rules 
     of the composite plan.''.
       (2) Reduction of benefits.--
       (A) Employee retirement income security act of 1974.--
     Section 203(a)(3)(E)(ii) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is 
     amended--
       (i) in subclause (I) by striking ``4244A'' and inserting 
     ``305(e), 803,''; and
       (ii) in subclause (II) by striking ``4245'' and inserting 
     ``305(e), 4245,''.
       (B) Internal revenue code of 1986.--Section 411(a)(3)(F) of 
     the Internal Revenue Code of 1986 is amended--
       (i) in clause (i) by striking ``section 418D or under 
     section 4281 of the Employee Retirement Income Security Act 
     of 1974'' and inserting ``section 432(e) or 439 or under 
     section 4281 of the Employee Retirement Income Security Act 
     of 1974''; and
       (ii) in clause (ii) by inserting ``or 432(e)'' after 
     ``section 418E''.
       (3) Accrued benefit requirements.--
       (A) Employee retirement income security act of 1974.--
     Section 204(b)(1)(B)(i) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is amended 
     by inserting ``, including an amendment reducing or 
     suspending benefits under section 305(e), 803, 4245 or 
     4281,'' after ``any amendment to the plan''.
       (B) Internal revenue code of 1986.--Section 411(b)(1)(B)(i) 
     of the Internal Revenue Code of 1986 is amended by inserting 
     ``, including an amendment reducing or suspending benefits 
     under section 418E, 432(e) or 439, or under section 4281 of 
     the Employee Retirement Income Security Act of 1974,'' after 
     ``any amendment to the plan''.
       (4) Additional accrued benefit requirements.--
       (A) Employee retirement income security act of 1974.--
     Section 204(b)(1)(H)(v) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is amended 
     by inserting before the period at the end the following: ``, 
     or benefits are reduced or suspended under section 305(e), 
     803, 4245, or 4281''.
       (B) Internal revenue code of 1986.--Section 
     411(b)(1)(H)(iv) of the Internal Revenue Code of 1986 is 
     amended--
       (i) in the heading by striking ``benefit'' and inserting 
     ``benefit and the suspension and reduction of certain 
     benefits''; and
       (ii) in the text by inserting before the period at the end 
     the following: ``, or benefits are reduced or suspended under 
     section 418E, 432(e), or 439, or under section 4281 of the 
     Employee Retirement Income Security Act of 1974''.
       (5) Accrued benefit not to be decreased by amendment.--
       (A) Employee retirement income security act of 1974.--
     Section 204(g)(1) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1053(g)(1)) is amended by inserting 
     after ``302(d)(2)'' the following: ``, 305(e), 803, 4245,''.
       (B) Internal revenue code of 1986.--Section 411(d)(6)(A) of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after ``412(d)(2),'' the following: ``418E, 432(e), or 
     439,''.
       (g) Certain Funding Rules Not Applicable.--
       (1) Employee retirement income security act of 1974.--
     Section 305 of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1085) is amended by adding at the end the 
     following:
       ``(k) Legacy Plans.--Sections 302, 304, and 305 shall not 
     apply to an employer that has an obligation to contribute to 
     a plan that is a legacy plan within the meaning of section 
     805(a) solely because the employer has an obligation to 
     contribute to a composite plan described in section 801 that 
     is associated with that legacy plan.''.
       (2) Internal revenue code of 1986.--Section 432 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:
       ``(k) Legacy Plans.--Sections 412, 431, and 432 shall not 
     apply to an employer that has an obligation to contribute to 
     a plan that is a legacy plan within the meaning of section 
     440A(a) solely because the employer has an obligation to 
     contribute to a composite plan described in section 437 that 
     is associated with that legacy plan.''.
       (h) Termination of Composite Plan.--Section 403(d) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1103(d) is amended--
       (1) in paragraph (1), by striking ``regulations of the 
     Secretary.'' and inserting ``regulations of the Secretary, or 
     as provided in paragraph (3).''; and
       (2) by adding at the end the following:
       ``(3) Section 4044(a) of this Act shall be applied in the 
     case of the termination of a composite plan by--
       ``(A) limiting the benefits subject to paragraph (3) 
     thereof to benefits as defined in section 802(b)(3)(B); and
       ``(B) including in the benefits subject to paragraph (4) 
     all other benefits (if any) of individuals under the plan 
     that would be guaranteed under section 4022A if the plan were 
     subject to title IV.''.
       (i) Good Faith Compliance Prior to Guidance.--Where the 
     implementation of any provision of law added or amended by 
     this division is subject to issuance of regulations by the 
     Secretary of Labor, the Secretary of the Treasury, or the 
     Pension Benefit Guaranty Corporation, a multiemployer plan 
     shall not be treated as failing to meet the requirements of 
     any such provision prior to the issuance of final regulations 
     or other guidance to carry out such provision if such plan is 
     operated in accordance with a reasonable, good faith 
     interpretation of such provision.

     SEC. 106. EFFECTIVE DATE.

       Unless otherwise specified, the amendments made by this 
     division shall apply to plan years beginning after the date 
     of the enactment of this Act.

         DIVISION I--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS

   TITLE I--EXTENSIONS OF CARES ACT UNEMPLOYMENT BENEFITS FOR WORKERS

     SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT 
                   COMPENSATION.

       (a) In General.--Section 2104(e) of the CARES Act (Public 
     Law 116-136) is amended to read as follows:
       ``(e) Applicability.--
       ``(1) In general.--An agreement entered into under this 
     section shall apply--
       ``(A) to weeks of unemployment beginning after the date on 
     which such agreement is entered into and ending on or before 
     July 31, 2020; and
       ``(B) to weeks of unemployment beginning after September 5, 
     2020 (or, if later, the date on which such agreement is 
     entered into) and ending on or before January 31, 2021.
       ``(2) Transition rule for individuals remaining entitled to 
     regular compensation as of january 31, 2021.--In the case of 
     any individual who, as of the date specified in paragraph 
     (1)(B), has not yet exhausted all rights to regular 
     compensation under the State law of a State with respect to a 
     benefit year that began before such date, Federal Pandemic 
     Unemployment Compensation shall continue to be payable to 
     such individual for any week beginning on or after such date 
     for which the individual is otherwise eligible for regular 
     compensation with respect to such benefit year.
       ``(3) Termination.--Notwithstanding any other provision of 
     this subsection, no Federal Pandemic Unemployment 
     Compensation shall be payable for any week beginning after 
     March 31, 2021.''.
       (b) Limitation on Application of Transition Rule.--Section 
     2104(g) of such Act is amended by inserting ``(except for 
     subsection (e)(2))'' after ``the preceding provisions of this 
     section''.
       (c) Disregard of Federal Pandemic Unemployment Compensation 
     for Certain Purposes.--Section 2104(h) of such Act is amended 
     to read as follows:
       ``(h) Disregard of Federal Pandemic Unemployment 
     Compensation for Purposes of All Federal and Federally 
     Assisted Programs.--A Federal Pandemic Unemployment 
     Compensation payment shall not be regarded as income and 
     shall not be regarded as a resource for the month of receipt 
     and the following 9 months, for purposes of determining the 
     eligibility of the recipient (or the recipient's spouse or 
     family) for benefits or assistance, or the amount or extent 
     of benefits or assistance, under any Federal program or under 
     any State or local program financed in whole or in part with 
     Federal funds.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE.

       Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is 
     amended by striking ``December 31, 2020'' and inserting 
     ``January 31, 2021''.

     SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEMPLOYMENT 
                   COMPENSATION.

       Section 2107(g)(2) of the CARES Act (15 U.S.C. 9025(g)(2)) 
     is amended by striking ``December 31, 2020'' and inserting 
     ``January 31, 2021''.

[[Page H5306]]

  


     SEC. 104. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME 
                   COMPENSATION PAYMENTS IN STATES WITH PROGRAMS 
                   IN LAW.

       Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) 
     is amended by striking ``December 31, 2020'' and inserting 
     ``January 31, 2021''.

     SEC. 105. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME 
                   COMPENSATION AGREEMENTS.

       Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) 
     is amended by striking ``December 31, 2020'' and inserting 
     ``January 31, 2021''.

     SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE FIRST WEEK 
                   OF COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES 
                   WITH NO WAITING WEEK.

       Section 2105(e)(2) of the CARES Act (15 U.S.C. 9024(e)(2)) 
     is amended by striking ``December 31, 2020'' and inserting 
     ``January 31, 2021''.

           TITLE II--ADDITIONAL WEEKS OF BENEFIT ELIGIBILITY

     SEC. 201. ADDITIONAL WEEKS.

       Subtitle A of title II of division A of the CARES Act (15 
     U.S.C. 9021 et seq.) is amended by inserting after section 
     2107 the following:

     ``SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EXTENSION 
                   COMPENSATION.

       ``(a) Federal-State Agreements.--
       ``(1) In general.--Any State which desires to do so may 
     enter into and participate in an agreement under this section 
     with the Secretary of Labor (in this section referred to as 
     the `Secretary'). Any State which is a party to an agreement 
     under this section may, upon providing 30 days' written 
     notice to the Secretary, terminate such agreement.
       ``(2) Provisions of agreement.--Any agreement under 
     paragraph (1) shall provide that the State agency of the 
     State will make payments (in this section referred to as 
     `pandemic emergency unemployment extension compensation') to 
     individuals who--
       ``(A) have exhausted all rights to regular compensation, 
     extended compensation, pandemic unemployment assistance under 
     section 2102, and pandemic emergency unemployment 
     compensation under section 2107;
       ``(B) have no rights to any benefit specified in 
     subparagraph (A) or to compensation under any other Federal 
     law or under the unemployment compensation law of Canada; and
       ``(C) are able to work, available to work, and actively 
     seeking work.
       ``(3) Exhaustion of benefits.--For purposes of paragraph 
     (2)(A), an individual shall be deemed to have exhausted such 
     individual's rights to benefits specified in subparagraph (A) 
     when--
       ``(A) no payments of such benefits can be made because such 
     individual has received all such benefits available to such 
     individual based on employment or wages during such 
     individual's base period; or
       ``(B) such individual's rights to such benefits have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       ``(4) Weekly benefit amount, etc.--For purposes of any 
     agreement under this section--
       ``(A) the amount of pandemic emergency unemployment 
     extension compensation which shall be payable to any 
     individual for any week of total unemployment shall be equal 
     to--
       ``(i) the amount of the base compensation (including any 
     dependents' allowances) payable to such individual during 
     such individual's benefit year under the State law for a week 
     of total unemployment; and
       ``(ii) the amount of Federal Pandemic Unemployment 
     Compensation under section 2104;
       ``(B) the terms and conditions of the State law which apply 
     to claims for regular compensation and to the payment thereof 
     (including terms and conditions relating to availability for 
     work, active search for work, and refusal to accept work) 
     shall apply to claims for pandemic emergency unemployment 
     extension compensation and the payment thereof, except where 
     otherwise inconsistent with the provisions of this section or 
     with the regulations or operating instructions of the 
     Secretary promulgated to carry out this section;
       ``(C) the maximum amount of pandemic emergency unemployment 
     extension compensation payable to any individual for whom a 
     pandemic emergency unemployment extension compensation 
     account is established under subsection (b) shall not exceed 
     the amount established in such account for such individual; 
     and
       ``(D) the allowable methods of payment under section 
     2104(b)(2) shall apply to payments of amounts described in 
     subparagraph (A)(ii).
       ``(5) Nonreduction rule.--
       ``(A) In general.--An agreement under this section shall 
     not apply (or shall cease to apply) with respect to a State 
     upon a determination by the Secretary that the method 
     governing the computation of regular compensation under the 
     State law of that State has been modified in a manner such 
     that the number of weeks (the maximum benefit entitlement), 
     or the average weekly benefit amount, of regular compensation 
     which will be payable during the period of the agreement will 
     be less than the number of weeks, or the average weekly 
     benefit amount, of the average weekly benefit amount of 
     regular compensation which would otherwise have been payable 
     during such period under the State law, as in effect on 
     January 1, 2020.
       ``(B) Maximum benefit entitlement.--In subparagraph (A), 
     the term `maximum benefit entitlement' means the amount of 
     regular compensation payable to an individual with respect to 
     the individual's benefit year.
       ``(6) Actively seeking work.--
       ``(A) In general.--For purposes of paragraph (2)(C), the 
     term `actively seeking work' means, with respect to any 
     individual, that such individual--
       ``(i) is registered for employment services in such a 
     manner and to such extent as prescribed by the State agency;
       ``(ii) has engaged in an active search for employment that 
     is appropriate in light of the employment available in the 
     labor market, the individual's skills and capabilities, and 
     includes a number of employer contacts that is consistent 
     with the standards communicated to the individual by the 
     State;
       ``(iii) has maintained a record of such work search, 
     including employers contacted, method of contact, and date 
     contacted; and
       ``(iv) when requested, has provided such work search record 
     to the State agency.
       ``(B) Flexibility.--Notwithstanding the requirements under 
     subparagraph (A) and paragraph (2)(C), a State shall provide 
     flexibility in meeting such requirements in case of 
     individuals unable to search for work because of COVID-19, 
     including because of illness, quarantine, or movement 
     restriction.
       ``(b) Pandemic Emergency Unemployment Compensation 
     Account.--
       ``(1) In general.--Any agreement under this section shall 
     provide that the State will establish, for each eligible 
     individual who files an application for pandemic emergency 
     unemployment extension compensation, a pandemic emergency 
     unemployment extension compensation account with respect to 
     such individual's benefit year.
       ``(2) Amount in account.--The amount established in an 
     account under subsection (a) shall be equal to 13 times the 
     individual's average weekly benefit amount, which includes 
     the amount of Federal Pandemic Unemployment Compensation 
     under section 2104, for the benefit year.
       ``(3) Weekly benefit amount.--For purposes of this 
     subsection, an individual's weekly benefit amount for any 
     week is the amount of base compensation (including any 
     dependents' allowances) under the State law payable to such 
     individual for such week for total unemployment plus the 
     amount of Federal Pandemic Unemployment Compensation under 
     section 2104.
       ``(c) Payments to States Having Agreements for the Payment 
     of Pandemic Emergency Unemployment Extension Compensation.--
       ``(1) In general.--There shall be paid to each State that 
     has entered into an agreement under this section an amount 
     equal to 100 percent of the pandemic emergency unemployment 
     extension compensation paid to individuals by the State 
     pursuant to such agreement.
       ``(2) Treatment of reimbursable compensation.--No payment 
     shall be made to any State under this section in respect of 
     any compensation to the extent the State is entitled to 
     reimbursement in respect of such compensation under the 
     provisions of any Federal law other than this section or 
     chapter 85 of title 5, United States Code. A State shall not 
     be entitled to any reimbursement under such chapter 85 in 
     respect of any compensation to the extent the State is 
     entitled to reimbursement under this section in respect of 
     such compensation.
       ``(3) Determination of amount.--Sums payable to any State 
     by reason of such State having an agreement under this 
     section shall be payable, either in advance or by way of 
     reimbursement (as may be determined by the Secretary), in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this section for each calendar 
     month, reduced or increased, as the case may be, by any 
     amount by which the Secretary finds that the Secretary's 
     estimates for any prior calendar month were greater or less 
     than the amounts which should have been paid to the State. 
     Such estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.
       ``(d) Financing Provisions.--
       ``(1) Compensation.--
       ``(A) In general.--Funds in the extended unemployment 
     compensation account (as established by section 905(a) of the 
     Social Security Act (42 U.S.C. 1105(a)) of the Unemployment 
     Trust Fund (as established by section 904(a) of such Act (42 
     U.S.C. 1104(a)) shall be used for the making of payments to 
     States having agreements entered into under this section.
       ``(B) Transfer of funds.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall 
     transfer from the general fund of the Treasury (from funds 
     not otherwise appropriated) to the extended unemployment 
     compensation account such sums as the Secretary of Labor 
     estimates to be necessary to make payments described in 
     subparagraph (A). There are appropriated from the general 
     fund of the Treasury, without fiscal year limitation, the 
     sums referred to in the preceding sentence and such sums 
     shall not be required to be repaid.
       ``(2) Administration.--
       ``(A) In general.--There are appropriated out of the 
     employment security administration account (as established by 
     section 901(a) of the Social Security Act (42 U.S.C. 1101(a)) 
     of the Unemployment Trust Fund, without fiscal year 
     limitation, such funds as may be necessary for purposes of 
     assisting States (as provided in title III of the Social 
     Security Act (42 U.S.C. 501 et seq.)) in meeting the costs of 
     administration of agreements under this section.
       ``(B) Transfer of funds.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall 
     transfer from the general fund of the Treasury (from funds 
     not otherwise appropriated) to the employment security 
     administration account such sums as the Secretary of Labor 
     estimates to be necessary to make payments described in 
     subparagraph (A). There are appropriated from the general 
     fund of the Treasury, without fiscal year limitation, the 
     sums referred to in the preceding sentence and such sums 
     shall not be required to be repaid.
       ``(3) Certification.--The Secretary shall from time to time 
     certify to the Secretary of the

[[Page H5307]]

     Treasury for payment to each State the sums payable to such 
     State under this subsection. The Secretary of the Treasury, 
     prior to audit or settlement by the Government Accountability 
     Office, shall make payments to the State in accordance with 
     such certification, by transfers from the extended 
     unemployment compensation account (as so established) to the 
     account of such State in the Unemployment Trust Fund (as so 
     established).
       ``(e) Fraud and Overpayments.--
       ``(1) In general.--If an individual knowingly has made, or 
     caused to be made by another, a false statement or 
     representation of a material fact, or knowingly has failed, 
     or caused another to fail, to disclose a material fact, and 
     as a result of such false statement or representation or of 
     such nondisclosure such individual has received an amount of 
     pandemic emergency unemployment extension compensation under 
     this section to which such individual was not entitled, such 
     individual--
       ``(A) shall be ineligible for further pandemic emergency 
     unemployment extension compensation under this section in 
     accordance with the provisions of the applicable State 
     unemployment compensation law relating to fraud in connection 
     with a claim for unemployment compensation; and
       ``(B) shall be subject to prosecution under section 1001 of 
     title 18, United States Code.
       ``(2) Repayment.--In the case of individuals who have 
     received amounts of pandemic emergency unemployment extension 
     compensation under this section to which they were not 
     entitled, the State shall require such individuals to repay 
     the amounts of such pandemic emergency unemployment extension 
     compensation to the State agency, except that the State 
     agency may waive such repayment if it determines that--
       ``(A) the payment of such pandemic emergency unemployment 
     extension compensation was without fault on the part of any 
     such individual; and
       ``(B) such repayment would be contrary to equity and good 
     conscience.
       ``(3) Recovery by state agency.--
       ``(A) In general.--The State agency shall recover the 
     amount to be repaid, or any part thereof, by deductions from 
     any pandemic emergency unemployment extension compensation 
     payable to such individual under this section or from any 
     unemployment compensation payable to such individual under 
     any State or Federal unemployment compensation law 
     administered by the State agency or under any other State or 
     Federal law administered by the State agency which provides 
     for the payment of any assistance or allowance with respect 
     to any week of unemployment, during the 3-year period after 
     the date such individuals received the payment of the 
     pandemic emergency unemployment extension compensation to 
     which they were not entitled, in accordance with the same 
     procedures as apply to the recovery of overpayments of 
     regular unemployment benefits paid by the State.
       ``(B) Opportunity for hearing.--No repayment shall be 
     required, and no deduction shall be made, until a 
     determination has been made, notice thereof and an 
     opportunity for a fair hearing has been given to the 
     individual, and the determination has become final.
       ``(4) Review.--Any determination by a State agency under 
     this section shall be subject to review in the same manner 
     and to the same extent as determinations under the State 
     unemployment compensation law, and only in that manner and to 
     that extent.
       ``(f) Definitions.--In this section--
       ``(1) the terms `compensation', `regular compensation', 
     `extended compensation', `benefit year', `base period', 
     `State', `State agency', `State law', and `week' have the 
     respective meanings given such terms under section 205 of the 
     Federal-State Extended Unemployment Compensation Act of 1970 
     (26 U.S.C. 3304 note); and
       ``(2) the term `base compensation' means, as applicable--
       ``(A) regular compensation; or
       ``(B) pandemic unemployment assistance under section 2102.
       ``(g) Applicability.--An agreement entered into under this 
     section shall apply to weeks of unemployment--
       ``(1) beginning after the date on which such agreement is 
     entered into; and
       ``(2) ending on or before January 31, 2021.''.

  TITLE III--CLARIFICATIONS AND IMPROVEMENTS TO PANDEMIC UNEMPLOYMENT 
                               ASSISTANCE

     SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT ASSISTANCE 
                   ELIGIBILITY FOR PRIMARY CAREGIVING.

       (a) In General.--Section 2102(a)(3)(A)(ii)(I)(dd) of the 
     CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is amended by 
     striking ``that is closed as a direct result of the COVID-19 
     public health emergency'' and inserting ``because the school 
     or facility is closed or only partially reopened due to 
     COVID-19, because child or family care is not available or 
     affordable during the hours work is available due to COVID-
     19, or because physical attendance at the school or facility 
     presents an unacceptable health risk for the household or the 
     individual in need of care due to COVID-19,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect upon the date of the enactment of this Act.

     SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF 
                   PANDEMIC UNEMPLOYMENT ASSISTANCE.

       (a) In General.--Section 2102(d) of the CARES Act (15 
     U.S.C. 9021(d)) is amended by adding at the end the 
     following:
       ``(4) Waiver authority.--In the case of individuals who 
     have received amounts of Pandemic Unemployment Assistance to 
     which they were not entitled, the State shall require such 
     individuals to repay the amounts of such Pandemic 
     Unemployment Assistance to the State agency, except that the 
     State agency shall waive such repayment if it determines 
     that--
       ``(A) the payment of such Pandemic Unemployment Assistance 
     was without fault on the part of any such individual; and
       ``(B) such repayment would be contrary to equity and good 
     conscience.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEMPLOYMENT 
                   ASSISTANCE FOR WORKERS AT BUSINESSES THAT 
                   REDUCED STAFF DUE TO THE PANDEMIC.

       (a) In General.--Section 2102(a)(3)(A)(ii)(I)(jj) of the 
     CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is amended by 
     inserting ``or its operations are otherwise curtailed, 
     including by reducing hours of operation, staffing levels, 
     occupancy, or other changes that are recommended or 
     required,'' after ``closed''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to weeks of unemployment beginning 
     after the date of the enactment of this Act.

     SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.

       (a) In General.--Section 2102(c) of the CARES Act (15 
     U.S.C. 9021(c)) is amended by adding at the end the 
     following:
       ``(4) Continued eligibility for assistance.--As a condition 
     of continued eligibility for assistance under this section, a 
     covered individual shall submit a recertification to the 
     State for each week after the individual's 1st week of 
     eligibility that certifies that the individual remains an 
     individual described in subsection (a)(3)(A)(ii) for such 
     week.''.
       (b) Effective Date; Special Rule.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to weeks beginning on or after the date 
     that is 30 days after the date of enactment of this section.
       (2) Special rule.--In the case of any State that made a 
     good faith effort to implement section 2102 of the CARES Act 
     in accordance with rules similar to those provided in section 
     625.6 of title 20, Code of Federal Regulations, for weeks 
     ending before the effective date specified in paragraph (1), 
     an individual who received Pandemic Unemployment Assistance 
     from such State for any such week shall not be considered 
     ineligible for such assistance for such week solely by reason 
     of failure to submit a recertification described in 
     subsection (c)(4) of such section.

         TITLE IV--EXTENSION OF RELIEF TO STATES AND EMPLOYERS

     SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED 
                   UNEMPLOYMENT COMPENSATION.

       Section 4105 of the Families First Coronavirus Response Act 
     (26 U.S.C. 3304 note) is amended by striking ``December 31, 
     2020'' each place it appears and inserting ``June 30, 2021''.

     SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH 
                   ADVANCES.

       Section 1202(b)(10)(A) of the Social Security Act (42 
     U.S.C. 1322(b)(10)(A)) is amended by striking ``December 31, 
     2020'' and inserting ``June 30, 2021''.

     SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERNMENTAL 
                   ENTITIES AND NONPROFIT ORGANIZATIONS.

       Section 903(i)(1)(D) of the Social Security Act (42 U.S.C. 
     1103(i)(1)(D)) is amended by striking ``December 31, 2020'' 
     and inserting ``June 30, 2021''.

           TITLE V--CORRECTIVE ACTION FOR PROCESSING BACKLOGS

     SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.

       (a) In General.--Section 2104 of the CARES Act (15 U.S.C. 
     9023) is amended by adding at the end the following:
       ``(j) State Accountability Relating to Claims Backlogs.--As 
     a condition of any agreement under this section, the 
     following rules shall apply:
       ``(1) Claims reporting.--
       ``(A) In general.--Each State participating in such an 
     agreement shall submit to the Secretary of Labor on a weekly 
     basis a report on the status in the State of any backlog of 
     the processing of unemployment claims, including claims for 
     regular compensation, extended compensation, Pandemic 
     Unemployment Assistance, and Pandemic Emergency Unemployment 
     Compensation. Such report shall include a description, with 
     respect to the previous week, of each of the following:
       ``(i) The number of initial claims still in process, 
     disaggregated by the number of such claims still pending--

       ``(I) because of nonmonetary determinations;
       ``(II) because of monetary determinations;
       ``(III) because of suspected fraud; and
       ``(IV) for any other reason.

       ``(ii) The number of initial claims denied.
       ``(iii) The number of individuals with respect to whom a 
     continued claim was paid.
       ``(iv) The number of individuals with respect to whom a 
     continued claim is still in process, disaggregated by the 
     number of such claims still pending--

       ``(I) because of nonmonetary determinations;
       ``(II) because of monetary determinations;
       ``(III) because of suspected fraud; and
       ``(IV) for any other reason.

       ``(v) The number of individuals with respect to whom a 
     continued claims was denied.
       ``(B) Report to congress.--Upon receipt of a report 
     described in subparagraph (A), the Secretary of Labor shall 
     publish such report on the website of the Department of Labor 
     and shall submit such report to the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate.
       ``(2) Corrective action plans.--

[[Page H5308]]

       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this subsection and at least every 90 days 
     thereafter, each State participating in such an agreement 
     shall submit to the Secretary of Labor a corrective action 
     plan that includes a description of the actions the State has 
     taken and intends to take to address any backlog of the 
     processing of unemployment claims described in paragraph 
     (1)(A). The Secretary may waive the requirement under this 
     subparagraph with respect to any State that the Secretary 
     determines has made adequate progress in addressing any such 
     backlog.
       ``(B) Technical assistance.--The Secretary of Labor shall 
     make technical assistance available to States to the extent 
     feasible to enable States to develop and implement corrective 
     action plans in accordance with this paragraph. If the 
     Secretary of Labor determines at any time that a State has 
     failed to take reasonable actions under a corrective action 
     plan to address a claims backlog, the State shall collaborate 
     with the Secretary to develop a subsequent corrective action 
     plan to achieve clearly defined, targeted outcomes.
       ``(C) Report to congress.--Upon receipt of a corrective 
     action plan described in subparagraph (A), the Secretary of 
     Labor shall publish such plan on the website of the 
     Department of Labor and shall submit such report to the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Finance of the Senate.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to weeks beginning after the date of 
     enactment of this Act.

            TITLE VI--ADDITIONAL BENEFITS FOR MIXED EARNERS

     SECTION 601. MIXED EARNER UNEMPLOYMENT COMPENSATION.

       (a) In General.--Section 2104(b)(1) of the CARES Act (15 
     U.S.C. 9023(b)(1)) is amended--
       (1) in subparagraph (B), by striking the period at the end 
     and inserting ``, plus''; and
       (2) by adding at the end the following:
       ``(C) an additional amount of $125 (in this section 
     referred to as `Mixed Earner Unemployment Compensation') in 
     any case in which the individual received at least $5,000 of 
     self-employment income (as defined in section 1402(b) of the 
     Internal Revenue Code of 1986) in the most recent taxable 
     year ending prior to the individual's application for regular 
     compensation.''.
       (b) Conforming Amendments.--Section 2104 of such Act is 
     amended--
       (1) by inserting ``or Mixed Earner Unemployment 
     Compensation'' after ``Federal Pandemic Unemployment 
     Compensation'' each place such term appears in subsection 
     (b)(2), (c), or (f) of such section;
       (2) in subsection (d), by inserting ``and Mixed Earner 
     Unemployment Compensation'' after ``Federal Pandemic 
     Unemployment Compensation''; and
       (3) in subsection (g), by striking ``provide that'' and all 
     that follows through the end and inserting ``provide that--
       ``(1) the purposes of the preceding provisions of this 
     section, as such provisions apply with respect to Federal 
     Pandemic Unemployment Compensation, shall be applied with 
     respect to unemployment benefits described in subsection 
     (i)(2) to the same extent and in the same manner as if those 
     benefits were regular compensation; and
       ``(2) the purposes of the preceding provisions of this 
     section, as such provisions apply with respect to Mixed 
     Earner Unemployment Compensation, shall be applied with 
     respect to unemployment benefits described in subparagraph 
     (B) or (D) of subsection (i)(2) to the same extent and in the 
     same manner as if those benefits were regular 
     compensation.''.
       (c) Applicability.--The amendments made by this section 
     shall not apply with respect to a State participating in an 
     agreement under section 2104 of the CARES Act unless the 
     State so elects, in which case such amendments shall apply 
     with respect to weeks of unemployment beginning on or after 
     the later of the date of such election or the date of 
     enactment of this section.

                    TITLE VII--TECHNICAL CORRECTIONS

     SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-TIME 
                   COMPENSATION PROGRAMS.

       Section 2108(c) of the CARES Act (15 U.S.C. 9026(c)) is 
     amended by striking ``shall be eligible'' and all that 
     follows through the end and inserting the following: ``
       ``shall be eligible--
       ``(1) for payments under subsection (a) for weeks of 
     unemployment beginning after the effective date of such 
     enactment; and
       ``(2) for an additional payment equal to the total amount 
     of payments for which the State is eligible pursuant to an 
     agreement under section 2109 for weeks of unemployment before 
     such effective date.''.

     SEC. 702. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF 
                   NORTHERN MARIANA ISLANDS.

       A Commonwealth Only Transitional Worker (as defined in 
     section 6(i)(2) of the Joint Resolution entitled ``A Joint 
     Resolution to approve the `Covenant To Establish a 
     Commonwealth of the Northern Mariana Islands in Political 
     Union with the United States of America', and for other 
     purposes'' (48 U.S.C. 1806)) shall be considered a qualified 
     alien under section 431 of Public Law 104-193 (8 U.S.C. 1641) 
     for purposes of eligibility for a benefit under section 2102 
     or 2104 of the CARES Act.

     SEC. 703. TECHNICAL AMENDMENT RELATING TO PANDEMIC 
                   UNEMPLOYMENT ASSISTANCE.

       Section 2102(h) of the CARES Act (15 U.S.C. 9021(h)) is 
     amended by striking ``section 625'' each place it appears and 
     inserting ``part 625''.

 DIVISION J--EMERGENCY ASSISTANCE, ELDER JUSTICE, AND CHILD AND FAMILY 
                                SUPPORT

                     TITLE I--EMERGENCY ASSISTANCE

     SEC. 101. FUNDING TO STATES, LOCALITIES, AND COMMUNITY-BASED 
                   ORGANIZATIONS FOR EMERGENCY AID AND SERVICES.

       (a) Funding for States.--
       (1) Increase in funding for social services block grant 
     program.--
       (A) In general.--The amount specified in subsection (c) of 
     section 2003 of the Social Security Act for purposes of 
     subsections (a) and (b) of such section is deemed to be 
     $11,325,000,000 for fiscal year 2020, of which $9,600,000,000 
     shall be obligated by States in accordance with this 
     subsection.
       (B) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $9,600,000,000, which shall be available for 
     payments under section 2002 of the Social Security Act, which 
     shall remain available until the end of fiscal year 2021.
       (C) Deadline for distribution of funds.--Within 45 days 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall distribute the funds made 
     available by this paragraph, which shall be made available to 
     States on an emergency basis for immediate obligation and 
     expenditure.
       (D) Submission of revised pre-expenditure report.--Within 
     90 days after a State receives funds made available by this 
     paragraph, the State shall submit to the Secretary a revised 
     pre-expenditure report pursuant to title XX of the Social 
     Security Act that describes how the State plans to administer 
     the funds.
       (E) Deadline for obligation of funds by states.--A State to 
     which funds made available by this paragraph are distributed 
     shall obligate the funds not later than 120 days after 
     receipt.
       (F) Deadline for expenditure of funds.--A grantee to which 
     a State (or a subgrantee to which a grantee) provides funds 
     made available by this paragraph shall expend the funds not 
     later than December 31, 2021.
       (2) Rules governing use of additional funds.--A State to 
     which funds made available by paragraph (1)(B) are 
     distributed shall use the funds in accordance with the 
     following:
       (A) Purpose.--
       (i) In general.--The State shall use the funds only to 
     support the provision of emergency services to disadvantaged 
     children, families, and households.
       (ii) Disadvantaged defined.--In this paragraph, the term 
     ``disadvantaged'' means, with respect to an entity, that the 
     entity--

       (I) is an individual, or is located in a community, that is 
     experiencing material hardship;
       (II) is a household in which there is a child (as defined 
     in section 12(d) of the Richard B. Russell National School 
     Lunch Act) or a child served under section 11(a)(1) of such 
     Act, who, if not for the closure of the school attended by 
     the child during a public health emergency designation and 
     due to concerns about a COVID-19 outbreak, would receive free 
     or reduced price school meals pursuant to such Act;
       (III) is an individual, or is located in a community, with 
     barriers to employment; or
       (IV) is located in a community that, as of the date of the 
     enactment of this Act, is not experiencing a 56-day downward 
     trajectory of--

       (aa) influenza-like illnesses;
       (bb) COVID-like syndromic cases;
       (cc) documented COVID-19 cases; or
       (dd) positive test results as a percentage of total COVID-
     19 tests.
       (B) Pass-through to local entities.--
       (i) In the case of a State in which a county administers or 
     contributes financially to the non-Federal share of the 
     amounts expended in carrying out a State program funded under 
     title IV of the Social Security Act, the State shall pass at 
     least 50 percent of all funds so made available through to 
     the chief elected official of the city or county that 
     administers the program.
       (ii) In the case of any other State and any State to which 
     clause (i) applies that does not pass through funds as 
     described in that clause, the State shall--

       (I) pass at least 50 percent of the funds through to--

       (aa)(AA) local governments that will expend or distribute 
     the funds in consultation with community-based organizations 
     with experience serving disadvantaged families or 
     individuals; or
       (BB) community-based organizations with experience serving 
     disadvantaged families and individuals; and
       (bb) sub-State areas in proportions based on the population 
     of disadvantaged individuals living in the areas; and

       (II) report to the Secretary on how the State determined 
     the amounts passed through pursuant to this clause.

       (C) Methods.--
       (i) In general.--The State shall use the funds only for--

       (I) administering emergency services;
       (II) providing short-term cash, non-cash, or in-kind 
     emergency disaster relief;
       (III) providing services with demonstrated need in 
     accordance with objective criteria that are made available to 
     the public;
       (IV) operational costs directly related to providing 
     services described in subclauses (I), (II), and (III);
       (V) local government emergency social service operations; 
     and
       (VI) providing emergency social services to rural and 
     frontier communities that may not have access to other 
     emergency funding streams.

       (ii) Administering emergency services defined.--In clause 
     (i), the term ``administering emergency services'' means--

       (I) providing basic disaster relief, economic, and well-
     being necessities to ensure communities are able to safely 
     observe shelter-in-place and social distancing orders;

[[Page H5309]]

       (II) providing necessary supplies such as masks, gloves, 
     and soap, to protect the public against infectious disease; 
     and
       (III) connecting individuals, children, and families to 
     services or payments for which they may already be eligible.

       (D) Prohibitions.--
       (i) No individual eligibility determinations by grantees or 
     subgrantees.--Neither a grantee to which the State provides 
     the funds nor any subgrantee of such a grantee may exercise 
     individual eligibility determinations for the purpose of 
     administering short-term, non-cash, in-kind emergency 
     disaster relief to communities.
       (ii) Applicability of certain social services block grant 
     funds use limitations.--The State shall use the funds subject 
     to the limitations in section 2005 of the Social Security 
     Act, except that, for purposes of this clause, section 
     2005(a)(2) and 2005(a)(8) of such Act shall not apply.
       (iii) No supplantation of certain state funds.--The State 
     may use the funds to supplement, not supplant, State general 
     revenue funds for social services.
       (iv) Ban on use for certain costs reimbursable by fema.--
     The State may not use the funds for costs that are 
     reimbursable by the Federal Emergency Management Agency, 
     under a contract for insurance, or by self-insurance.
       (b) Funding for Indian Tribes and Tribal Organizations.--
       (1) Grants.--
       (A) In general.--Within 90 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services shall make grants to Indian Tribes and Tribal 
     organizations.
       (B) Amount of grant.--The amount of the grant for an Indian 
     Tribe or Tribal organization shall bear the same ratio to the 
     amount appropriated by paragraph (3) as the total amount of 
     grants awarded to the Indian Tribe or Tribal organization 
     under the Low-Income Home Energy Assistance Act of 1981 and 
     the Community Service Block Grant for fiscal year 2020 bears 
     to the total amount of grants awarded to all Indian Tribes 
     and Tribal organizations under such Act and such Grant for 
     the fiscal year.
       (2) Rules governing use of funds.--An entity to which a 
     grant is made under paragraph (1) shall obligate the funds 
     not later than September 30, 2021, and the funds shall be 
     expended by grantees and subgrantees not later than September 
     30, 2022, and used in accordance with the following:
       (A) Purpose.--
       (i) In general.--The grantee shall use the funds only to 
     support the provision of emergency services to disadvantaged 
     households.
       (ii) Disadvantaged defined.--In clause (i), the term 
     ``disadvantaged'' means, with respect to an entity, that the 
     entity--

       (I) is an individual, or is located in a community, that is 
     experiencing material hardship;
       (II) is a household in which there is a child (as defined 
     in section 12(d) of the Richard B. Russell National School 
     Lunch Act) or a child served under section 11(a)(1) of such 
     Act, who, if not for the closure of the school attended by 
     the child during a public health emergency designation and 
     due to concerns about a COVID-19 outbreak, would receive free 
     or reduced price school meals pursuant to such Act;
       (III) is an individual, or is located in a community, with 
     barriers to employment; or
       (IV) is located in a community that, as of the date of the 
     enactment of this Act, is not experiencing a 56-day downward 
     trajectory of--

       (aa) influenza-like illnesses;
       (bb) COVID-like syndromic cases;
       (cc) documented COVID-19 cases; or
       (dd) positive test results as a percentage of total COVID-
     19 tests.
       (B) Methods.--
       (i) In general.--The grantee shall use the funds only for--

       (I) administering emergency services;
       (II) providing short-term, non-cash, in-kind emergency 
     disaster relief; and
       (III) tribal emergency social service operations.

       (ii) Administering emergency services defined.--In clause 
     (i), the term ``administering emergency services'' means--

       (I) providing basic economic and well-being necessities to 
     ensure communities are able to safely observe shelter-in-
     place and social distancing orders;
       (II) providing necessary supplies such as masks, gloves, 
     and soap, to protect the public against infectious disease; 
     and
       (III) connecting individuals, children, and families to 
     services or payments for which they may already be eligible.

       (C) Prohibitions.--
       (i) No individual eligibility determinations by grantees or 
     subgrantees.--Neither the grantee nor any subgrantee may 
     exercise individual eligibility determinations for the 
     purpose of administering short-term, non-cash, in-kind 
     emergency disaster relief to communities.
       (ii) Ban on use for certain costs reimbursable by fema.--
     The grantee may not use the funds for costs that are 
     reimbursable by the Federal Emergency Management Agency, 
     under a contract for insurance, or by self-insurance.
       (3) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $400,000,000 to make tribal grants under this 
     subsection.

     SEC. 102. EMERGENCY ASSISTANCE TO FAMILIES THROUGH HOME 
                   VISITING PROGRAMS.

       (a) In General.--For purposes of section 511 of the Social 
     Security Act, during the period that begins on February 1, 
     2020, and ends January 31, 2021--
       (1) a virtual home visit shall be considered a home visit;
       (2) funding for, and staffing levels of, a program 
     conducted pursuant to such section shall not be reduced on 
     account of reduced enrollment in the program; and
       (3) funds provided for such a program may be used--
       (A) to train home visitors in conducting a virtual home 
     visit and in emergency preparedness and response planning for 
     families served, and may include training on how to safely 
     conduct intimate partner violence screenings, and training on 
     safety and planning for families served;
       (B) for the acquisition by families enrolled in the program 
     of such technological means as are needed to conduct and 
     support a virtual home visit;
       (C) to provide emergency supplies (such as diapers, 
     formula, non-perishable food, water, hand soap and hand 
     sanitizer) to families served; and
       (D) to provide prepaid grocery cards to an eligible family 
     (as defined in section 511(k)(2) of such Act) for the purpose 
     of enabling the family to meet the emergency needs of the 
     family.
       (b) Virtual Home Visit Defined.--In subsection (a), the 
     term ``virtual home visit'' means a visit that is conducted 
     solely by the use of electronic information and 
     telecommunications technologies.
       (c) Authority to Delay Deadlines.--
       (1) In general.--The Secretary of Health and Human Services 
     may extend the deadline by which a requirement of section 511 
     of the Social Security Act must be met, by such period of 
     time as the Secretary deems appropriate.
       (2) Guidance.--The Secretary of Health and Human Services 
     shall provide to eligible entities funded under section 511 
     of the Social Security Act information on the parameters used 
     in extending a deadline under paragraph (1) of this 
     subsection.
       (d) Supplemental Appropriation.--In addition to amounts 
     otherwise appropriated, out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated to the Secretary of Health and Human Services 
     $100,000,000, to enable eligible entities to conduct programs 
     funded under section 511 of the Social Security Act pursuant 
     to this section, which shall remain available for obligation 
     not later than January 31, 2021.

     TITLE II--REAUTHORIZATION OF FUNDING FOR PROGRAMS TO PREVENT, 
   INVESTIGATE, AND PROSECUTE ELDER ABUSE, NEGLECT, AND EXPLOITATION

     SEC. 201. ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC 
                   CENTERS.

       Section 2031(f) of the Social Security Act (42 U.S.C. 
     1397l(f)) is amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) for fiscal year 2021, $5,000,000.''.

     SEC. 202. GRANTS FOR LONG-TERM CARE STAFFING AND TECHNOLOGY.

       Section 2041(d) of the Social Security Act (42 U.S.C. 
     1397m(d)) is amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) for fiscal year 2021, $14,000,000.''.

     SEC. 203. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT 
                   PROGRAMS.

       Section 2042 of the Social Security Act (42 U.S.C. 1397m-1) 
     is amended--
       (1) in subsection (a)(2), by striking ``$3,000,000'' and 
     all that follows through the period and inserting 
     ``$3,000,000 for fiscal year 2021.'';
       (2) in subsection (b)(5), by striking ``$100,000,000'' and 
     all that follows through the period and inserting 
     ``$100,000,000 for fiscal year 2021.''; and
       (3) in subsection (c)(6), by striking ``$25,000,000'' and 
     all that follows through the period and inserting 
     ``$20,000,000 for fiscal year 2021.''.

     SEC. 204. LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND 
                   TRAINING.

       Section 2043 of the Social Security Act (42 U.S.C. 1397m-2) 
     is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) for fiscal year 2021, $8,000,000.''; and
       (2) in subsection (b)(2), by inserting before the period 
     the following: ``, and for fiscal year 2021, $10,000,000''.

     SEC. 205. INVESTIGATION SYSTEMS AND TRAINING.

       Section 6703(b) of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 1395i-3a(b)) is amended--
       (1) in paragraph (1)(C), by striking ``for the period'' and 
     all that follows through the period and inserting ``for 
     fiscal year 2021, $10,000,000.''; and
       (2) in paragraph (2)(C), by striking ``for each of fiscal 
     years 2011 through 2014, $5,000,000'' and inserting ``for 
     fiscal year 2021, $4,000,000''.

     SEC. 206. INCREASED FUNDING FOR STATES AND INDIAN TRIBES FOR 
                   ADULT PROTECTIVE SERVICES.

       (a) Increase in Funding.--
       (1) Reservation of funds.--Of the amount made available to 
     carry out subtitle A of title XX of the Social Security Act 
     for fiscal year 2020, $25,000,000 shall be reserved for 
     obligation by States during calendar year 2020 in accordance 
     with subsection (b) of this section.
       (2) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $25,000,000 for fiscal year 2020 to make grants 
     to States under this subsection, which shall remain available 
     until the end of fiscal year 2021.

[[Page H5310]]

       (3) Deadline for distribution of funds.--Within 45 days 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall distribute the funds reserved 
     under paragraph (1) of this subsection, which shall be made 
     available to States (as defined for purposes of title XX of 
     the Social Security Act in section 1101 of such Act (42 
     U.S.C. 1301)) on an emergency basis for immediate obligation 
     and expenditure.
       (4) Submission of revised pre-expenditure report.--Within 
     90 days after a State receives funds distributed under 
     paragraph (3), the State shall submit to the Secretary of 
     Health and Human Services a revised pre-expenditure report 
     pursuant to subtitle A of title XX of the Social Security Act 
     (42 U.S.C. 1397 et seq.) that describes how the State plans 
     to administer the funds.
       (5) Deadline for obligation of funds by states.--Within 120 
     days after funds are distributed to a State under paragraph 
     (3), the State shall obligate the funds.
       (6) Deadline for expenditure of funds.--A grantee to which 
     a State (or a subgrantee to which a grantee) provides funds 
     distributed under this subsection shall expend the funds not 
     later than December 31, 2021.
       (b) Rules Governing Use of Additional Funds.--Funds are 
     used in accordance with this subsection if--
       (1) the funds are used for adult protective services (as 
     defined in section 2011(2) of the Social Security Act (42 
     U.S.C. 1397j(2));
       (2) the funds are used subject to the limitations in 
     section 2005 of the Social Security Act (42 U.S.C. 1397d); 
     and
       (3) the funds are used to supplement, not supplant, State 
     general revenue funds or funds provided under section 2002 of 
     the Social Security Act for adult protective services.
       (c) Funding for Indian Tribes and Tribal Organizations.--
       (1) Grants.--
       (A) In general.--Within 90 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services shall make grants to Indian Tribes and Tribal 
     organizations (as defined in section 677(e)(1) of the 
     Community Services Block Grant Act (42 U.S.C. 9911(e)(1))).
       (B) Amount of grant.--The amount of the grant for an Indian 
     Tribe or Tribal organization shall bear the same ratio to the 
     amount appropriated by paragraph (3) as the total amount of 
     grants awarded to the Indian Tribe or Tribal organization 
     under the Low-Income Home Energy Assistance Act of 1981 and 
     the Community Service Block Grant for fiscal year 2020 bears 
     to the total amount of grants awarded to all Indian Tribes 
     and Tribal organizations under such Act and such Grant for 
     the fiscal year.
       (2) Rules governing use of funds.--An entity to which a 
     grant is made under paragraph (1) shall obligate the funds 
     not later than September 30, 2021, and the funds shall be 
     expended by grantees and subgrantees not later than December 
     31, 2021, and used in accordance with subsection (b) of this 
     section (except that paragraph (3) of such subsection shall 
     be applied by substituting ``general revenue funds of the 
     Indian Tribe or Tribal organization'' for ``State general 
     revenue funds'').
       (3) Reports.--
       (A) Pre-expenditure report and intended use plan.--Not 
     later than 90 days after an Indian Tribe or Tribal 
     organization receives funds made available by this 
     subsection, the Indian Tribe or Tribal organization shall 
     submit to the Secretary of Health and Human Services a pre-
     expenditure report on the intended use of such funds 
     including information on the types of activities to be 
     supported and the categories or characteristics of 
     individuals to be served. The Indian Tribe or Tribal 
     organization shall subsequently revise the pre-expenditure 
     report as necessary to reflect substantial changes in the 
     activities to be supported or the categories or 
     characteristics of individuals to be served.
       (B) Post-expenditure report.--Not later than January 1, 
     2022, each Indian Tribe or Tribal organization that receives 
     funds made available under this section shall submit to the 
     Secretary of Health and Human Services a report on the 
     activities supported by such funds. Such report shall be in 
     such form and contain such information (including the 
     information described in section 2006(c) of the Social 
     Security Act (42 U.S.C. 1397e(c))) as the Tribe or 
     organization finds necessary to provide an accurate 
     description of such activities, to secure a complete record 
     of the purposes for which funds were spent, and to determine 
     the extent to which funds were spent in a manner consistent 
     with the report required by subparagraph (A).
       (4) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $650,000 for making grants to Indian Tribes and 
     Tribal organizations under this subsection.

     SEC. 207. ASSESSMENT REPORTS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit a report to the Congress on the 
     programs, coordinating bodies, registries, and activities 
     established or authorized under subtitle B of title XX of the 
     Social Security Act (42 U.S.C. 1397l et seq.) or section 
     6703(b) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 1395i-3a(b)). The report shall assess the extent to 
     which such programs, coordinating bodies, registries, and 
     activities have improved access to, and the quality of, 
     resources available to aging Americans and their caregivers 
     to ultimately prevent, detect, and treat abuse, neglect, and 
     exploitation, and shall include, as appropriate, 
     recommendations to Congress on funding levels and policy 
     changes to help these programs, coordinating bodies, 
     registries, and activities better prevent, detect, and treat 
     abuse, neglect, and exploitation of aging Americans.
       (b) Limitations on Authorization of Appropriations.--For 
     fiscal year 2021, out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     authorized to be appropriated to the Secretary of Health and 
     Human Services $1,000,000 to carry out this section.

  TITLE III--FAIRNESS FOR SENIORS AND PEOPLE WITH DISABILITIES DURING 
                                COVID-19

     SEC. 301. SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME 
                   BENEFICIARY PROTECTIONS REGARDING INCORRECT 
                   PAYMENTS DURING COVID-19.

       (a) No Adjustment, Recovery, or Liability With Respect to 
     Certain Incorrect Payments.--
       (1) In general.--
       (A) No adjustment, recovery, or liability.--Notwithstanding 
     any other provision of title II, title VIII, title XI, or 
     title XVI of the Social Security Act, and subject to 
     subparagraph (D), in the case of any payment under title II, 
     title VIII, or title XVI of such Act of more than the correct 
     amount for any month during the period beginning on March 1, 
     2020, and ending on January 31, 2021 (other than a payment 
     described in paragraph (2)), there shall be no adjustment of 
     such payment to, or recovery by the United States from, any 
     person, estate, State, or organization, and no person, 
     estate, State, or organization shall be liable for the 
     repayment of the amount of such payment in excess of the 
     correct amount.
       (B) Automatic relief.--The Commissioner of Social Security 
     shall apply subparagraph (A) to each payment described 
     therein without requiring such person, estate, State, or 
     organization to so request and regardless of whether such 
     person, estate, State, or organization so requests.
       (C) Presumptions to apply.--For the purposes of precluding 
     such adjustment or recovery, the Commissioner of Social 
     Security may presume--
       (i) all such persons, estates, States, or organizations to 
     be not at fault; and
       (ii) recovery to be against equity and good conscience.
       (D) Rule of construction.--Notwithstanding the preceding 
     subparagraphs, in case of any payment described in 
     subparagraph (A) that has been recovered, in full or in part, 
     the Commissioner of Social Security shall have no obligation 
     to issue refunds of such recovered amounts.
       (2) Amounts subject to liability and recovery.--A payment 
     described in this paragraph is a payment of more than the 
     correct amount resulting from--
       (A) a conviction for an offense under section 208(a), 811, 
     or 1632(a) of the Social Security Act;
       (B) an incorrect or incomplete statement that is knowingly 
     made and material, or the knowing concealment of material 
     information; or
       (C) a determination that a representative payee misused 
     benefits made under section 205(j), 807, or 1631(a)(2) of the 
     Social Security Act,
      but only if such offense, misstatement, or misuse occurred 
     on or after March 1.
       (b) Notifications; Suspension of Recovery Upon Request.--
       (1) Recovery by adjustment of benefits.--
       (A) In general.--Not later than November 30, 2020, the 
     Commissioner of Social Security shall--
       (i) notify each covered individual of the opportunity to 
     request that the adjustment of benefits described in 
     subparagraph (B) be reduced or suspended during the period 
     described in subsection (a)(1); and
       (ii) reduce or suspend (as requested) such adjustment 
     immediately upon receipt of the request.
       (B) Covered individual.--In this paragraph, the term 
     ``covered individual'' means an individual with respect to 
     whom the recovery of any payment under title II, title VIII, 
     or title XVI of the Social Security Act of more than the 
     correct amount (other than a payment described in paragraph 
     (a)(2)) is in effect, by adjustment of the individual's 
     monthly benefits or underpayments, for any month during the 
     period described in subsection (a)(1).
       (2) Recovery by installment agreements.--Not later than 
     November 30, 2020, the Commissioner of Social Security shall 
     notify each party owing a debt to the Social Security 
     Administration (other than a debt arising from a payment 
     described in paragraph (a)(2)) with respect to which an 
     installment agreement is in effect of the opportunity to 
     request that the installment payments under such agreement be 
     suspended during the period described in subsection (a)(1), 
     and shall suspend such payments upon request. The 
     Commissioner of Social Security shall deem a debt for which 
     such a suspension has been made to be not delinquent during 
     such period.
       (c) Report.--Not later than 30 days after the date of 
     enactment of this Act, the Commissioner of Social Security 
     shall submit a report to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate describing the Commissioner's activities under 
     this section.
       (d) Deemed Eligibility for SSI for Purposes of Determining 
     Medicaid Eligibility.--
       (1) In general.--Notwithstanding any provision of title XVI 
     or title XIX of the Social Security Act (or section 212(a) of 
     Public Law 93-66), each individual who receives a covered 
     supplemental payment for any month during the period 
     described in subsection (a)(1) and is subsequently determined 
     to be ineligible for such payment shall be deemed to be a 
     recipient of supplemental security income benefits under 
     title XVI or State supplementary benefits of the type 
     referred to in section 1616(a) of such Act (or payments of 
     the type described in section 212(a) of Public Law 93-66), as 
     the case may be, for such month for purposes of determining 
     the individual's eligibility for medical assistance under a

[[Page H5311]]

     State plan approved under title XIX of the Social Security 
     Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan).
       (2) Covered supplemental payment.--For purposes of this 
     subsection, a covered supplemental payment is--
       (A) a payment of a supplemental security income benefit 
     under title XVI of the Social Security Act; or
       (B) a State supplementary payment of the type referred to 
     in section 1616(a) of such title (or a payment of the type 
     described in section 212(a) of Public Law 93-66).
       (e) Protection for Certain Medicare Beneficiaries.--
     Notwithstanding section 226(a) of the Social Security Act, in 
     the case of any individual--
       (1) who is entitled to hospital insurance benefits under 
     part A of title XVIII of the Social Security by operation of 
     section 226(a) of such Act; and
       (2) whose entitlement to monthly insurance benefits under 
     section 202 of such Act or status as a qualified railroad 
     retirement beneficiary (as defined in section 226(d) of such 
     Act) terminates with any month during the period beginning on 
     March 1, 2020, and ending on January 31, 2021, as a result of 
     a determination made on or after August 31, 2020,
     the individual's entitlement to such hospital insurance 
     benefits shall end with the month following the month in 
     which notice of termination of such entitlement to monthly 
     insurance benefits under section 202 of such Act or such 
     status as a qualified railroad retirement beneficiary is 
     mailed to the individual, or if earlier, with the month 
     before the month in which the individual dies.
       (f) Hold Harmless for the Social Security Trust Funds.--
     There are appropriated, out of any moneys in the Treasury not 
     otherwise appropriated, to each of the Federal Old-Age and 
     Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund for each fiscal year such amounts as the 
     chief actuary of the Social Security Administration shall 
     certify are necessary to place each such Trust Fund in the 
     same position at the end of such fiscal year as it would have 
     been in if the amendments made by this section had not been 
     enacted.

  TITLE IV--SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Supporting Foster Youth 
     and Families through the Pandemic Act''.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act, entitled ``Determination that a 
     Public Health Emergency Exists Nationwide as the Result of 
     the 2019 Novel Coronavirus''.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on April 1, 2020 and ending with September 30, 
     2021.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 403. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS 
                   AND SUPPORT FOR OLDER FOSTER YOUTH.

       (a) Funding Increases.--
       (1) Increase in support for chafee programs.--Out of any 
     money in the Treasury of the United States not otherwise 
     appropriated, there are appropriated $400,000,000 for fiscal 
     year 2020, to carry out section 477 of the Social Security 
     Act, in addition to any amounts otherwise made available for 
     such purpose.
       (2) Education and training vouchers.--Of the amount made 
     available by reason of paragraph (1) of this subsection, not 
     less than $50,000,000 shall be reserved for the provision of 
     vouchers pursuant to section 477(h)(2) of the Social Security 
     Act.
       (3) Applicability of technical assistance to additional 
     funds.--
       (A) In general.--Section 477(g)(2) of the Social Security 
     Act shall apply with respect to the amount made available by 
     reason of paragraph (1) of this subsection as if the amount 
     were included in the amount specified in section 477(h) of 
     such Act.
       (B) Reservation of funds.--
       (i) In general.--Of the amount to which section 477(g)(2) 
     of the Social Security Act applies by reason of subparagraph 
     (A) of this paragraph, the Secretary shall reserve not less 
     than $500,000 to provide technical assistance to a State 
     implementing or seeking to implement a driving and 
     transportation program for foster youth.
       (ii) Provider qualifications.--The Secretary shall ensure 
     that the entity providing the assistance has demonstrated the 
     capacity to--

       (I) successfully administer activities in 1 or more States 
     to provide driver's licenses to youth who are in foster care 
     under the responsibility of the State; and
       (II) increase the number of such foster youth who obtain a 
     driver's license.

       (4) Inapplicability of state matching requirement to 
     additional funds.--In making payments under subsections 
     (a)(4) and (e)(1) of section 474 of the Social Security Act 
     from the additional funds made available as a result of 
     paragraphs (1) and (2) of this subsection, the percentages 
     specified in subsections (a)(4)(A)(i) and (e)(1) of such 
     section are, respectively, deemed to be 100 percent.
       (5) Maximum award amount.--The dollar amount specified in 
     section 477(i)(4)(B) of the Social Security Act through the 
     end of fiscal year 2021 is deemed to be $12,000.
       (6) Inapplicability of nytd penalty to additional funds.--
     In calculating any penalty under section 477(e)(2) of the 
     Social Security Act with respect to the National Youth in 
     Transition Database (NYTD) for the COVID-19 public health 
     emergency period, none of the additional funds made available 
     by reason of paragraphs (1) and (2) of this subsection shall 
     be considered to be part of an allotment to a State under 
     section 477(c) of such Act.
       (b) Maximum Age Limitation on Eligibility for Assistance.--
     During fiscal years 2020 and 2021, a child may be eligible 
     for services and assistance under section 477 of the Social 
     Security Act until the child attains 27 years of age, 
     notwithstanding any contrary certification made under such 
     section.
       (c) Special Rule.--With respect to funds made available by 
     reason of subsection (a) that are used during the COVID-19 
     public health emergency period to support activities due to 
     the COVID-19 pandemic, the Secretary may not require any 
     State to provide proof of a direct connection to the pandemic 
     if doing so would be administratively burdensome or would 
     otherwise delay or impede the ability of the State to serve 
     foster youth.
       (d) Programmatic Flexibilities.--During the COVID-19 public 
     health emergency period:
       (1) Suspension of certain requirements under the education 
     and training voucher program.--The Secretary shall allow a 
     State to waive the applicability of the requirement in 
     section 477(i)(3) of the Social Security Act that a youth 
     must be enrolled in a postsecondary education or training 
     program or making satisfactory progress toward completion of 
     that program if a youth is unable to do so due to the COVID-
     19 public health emergency.
       (2) Authority to use vouchers to maintain training and 
     postsecondary education.--A voucher provided under a State 
     educational and training voucher program under section 477(i) 
     of the Social Security Act may be used for maintaining 
     training and postsecondary education, including less than 
     full-time matriculation costs or other expenses that are not 
     part of the cost of attendance but would help support youth 
     in remaining enrolled as described in paragraph (1) of this 
     subsection.
       (3) Authority to waive limitations on percentage of funds 
     used for housing assistance and eligibility for such 
     assistance.--Notwithstanding section 477(b)(3)(B) of the 
     Social Security Act, a State may use--
       (A) more than 30 percent of the amounts paid to the State 
     from its allotment under section 477(c)(1) of such Act for a 
     fiscal year, for room or board payments; and
       (B) any of such amounts for youth otherwise eligible for 
     services under section 477 of such Act who--
       (i) have attained 18 years of age and not 27 years of age; 
     and
       (ii) experienced foster care at 14 years of age or older.
       (4) Authority to provide driving and transportation 
     assistance.--
       (A) Use of funds.--Funds provided under section 477 of the 
     Social Security Act may be used to provide driving and 
     transportation assistance to youth described in paragraph 
     (3)(B) who have attained 15 years of age with costs related 
     to obtaining a driver's license and driving lawfully in a 
     State (such as vehicle insurance costs, driver's education 
     class and testing fees, practice lessons, practice hours, 
     license fees, roadside assistance, deductible assistance, and 
     assistance in purchasing an automobile).
       (B) Maximum allowance.--The amount of the assistance 
     provided for each eligible youth under subparagraph (A) shall 
     not exceed $4,000 per year, and any assistance so provided 
     shall be disregarded for purposes of determining the 
     recipient's eligibility for, and the amount of, any other 
     Federal or federally-supported assistance, except that the 
     State agency shall take appropriate steps to prevent 
     duplication of benefits under this and other Federal or 
     federally-supported programs.
       (C) Report to the congress.--Within 6 months after the end 
     of the expenditure period, the Secretary shall submit to the 
     Congress a report on the extent to which, and the manner in 
     which, the funds to which subsection (a)(3) applies were used 
     to provide technical assistance to State child welfare 
     programs, monitor State performance and foster youth 
     outcomes, and evaluate program effectiveness.

     SEC. 404. PREVENTING AGING OUT OF FOSTER CARE DURING THE 
                   PANDEMIC.

       (a) Addressing Foster Care Age Restrictions During the 
     Pandemic.--A State operating a program under part E of title 
     IV of the Social Security Act may not require a child who is 
     in foster care under the responsibility of the State to leave 
     foster care solely by reason of the child's age. A child may 
     not be found ineligible for foster care maintenance payments 
     under section 472 of such Act solely due to the age of the 
     child or the failure of the child to meet a condition of 
     section 475(8)(B)(iv) of such Act before October 1, 2021.
       (b) Re-entry to Foster Care for Youth Who Age Out During 
     the Pandemic.--A State operating a program under the State 
     plan approved under part E of title IV of the Social Security 
     Act (and without regard to whether the State has exercised 
     the option provided by section 475(8)(B) of such Act to 
     extend assistance under such part to older children) shall--
       (1) permit any youth who left foster care due to age during 
     the COVID-19 public health emergency to voluntarily re-enter 
     foster care;
       (2) provide to each such youth who was formally discharged 
     from foster care during the COVID-19 public health emergency, 
     a notice designed to make the youth aware of the option to 
     return to foster care;
       (3) facilitate the voluntary return of any such youth to 
     foster care; and
       (4) conduct a public awareness campaign about the option to 
     voluntarily re-enter foster

[[Page H5312]]

     care for youth who have not attained 22 years of age, who 
     aged out of foster care in fiscal year 2020 or fiscal year 
     2021, and who are otherwise eligible to return to foster 
     care.
       (c) Protections for Youth in Foster Care.--A State 
     operating a program under the State plan approved under part 
     E of title IV of the Social Security Act shall--
       (1) continue to ensure that the safety, permanence, and 
     well-being needs of older foster youth, including youth who 
     remain in foster care and youth who age out of foster care 
     during that period but who re-enter foster care pursuant to 
     this section, are met; and
       (2) work with any youth who remains in foster care after 
     attaining 18 years of age (or such greater age as the State 
     may have elected under section 475(8)(B)(iii) of such Act) to 
     develop, or review and revise, a transition plan consistent 
     with the plan referred to in section 475(5)(H) of such Act, 
     and assist the youth with identifying adults who can offer 
     meaningful, permanent connections.
       (d) Authority to Use Additional Funding for Certain Costs 
     Incurred to Prevent Aging Out of, Facilitating Re-entry to, 
     and Protecting Youth in Care During the Pandemic.--
       (1) In general.--Subject to paragraph (2) of this 
     subsection, a State to which additional funds are made 
     available as a result of section 3(a) may use the funds to 
     meet any costs incurred in complying with subsections (a), 
     (b), and (c) of this section.
       (2) Restrictions.--
       (A) The costs referred to in paragraph (1) must be incurred 
     after the date of the enactment of this section and before 
     October 1, 2021.
       (B) The costs of complying with subsection (a) or (c) of 
     this section must not be incurred on behalf of children 
     eligible for foster care maintenance payments under section 
     472 of the Social Security Act, including youth who have 
     attained 18 years of age who are eligible for the payments by 
     reason of the temporary waiver of the age requirement or the 
     conditions of section 475(8)(B)(iv) of such Act.
       (C) A State shall make reasonable efforts to ensure that 
     eligibility for foster care maintenance payments under 
     section 472 of the Social Security Act is determined when a 
     youth remains in, or re-enters, foster care as a result of 
     the State complying with subsections (a) and (c) of this 
     section.
       (D) A child who re-enters care during the COVID-19 public 
     health emergency period may not be found ineligible for 
     foster care maintenance payments under section 472 of the 
     Social Security Act solely due to age or the requirements of 
     section 475(8)(B)(iv) of such Act before October 1, 2021.
       (e) Termination of Certain Provisions.--The preceding 
     provisions of this section shall have no force or effect 
     after September 30, 2021.

     SEC. 405. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC 
                   FLEXIBILITY.

       During the COVID-19 public health emergency period, each 
     percentage specified in subparagraphs (A)(i) and (B) of 
     section 474(a)(6) of the Social Security Act is deemed to be 
     100 percent.

     SEC. 406. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING 
                   SAFE AND STABLE FAMILIES PROGRAM.

       (a) In General.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $85,000,000 to carry out section 436(a) of the 
     Social Security Act for fiscal year 2020, in addition to any 
     amounts otherwise made available for such purpose. For 
     purposes of section 436(b) of such Act, the amount made 
     available by the preceding sentence shall be considered part 
     of the amount specified in such section 436(a).
       (b) Inapplicability of State Matching Requirement to 
     Additional Funds.--In making payments under section 434(a) of 
     the Social Security Act from the additional funds made 
     available as a result of subsection (a) of this section, the 
     percentage specified in section 434(a)(1) of such Act is 
     deemed to be 100 percent.
       (c) Conforming Amendments.--Section 436 of the Social 
     Security Act (42 U.S.C. 629f) is amended in each of 
     subsections (a), (b)(4), and (b)(5) by striking ``2021'' and 
     inserting ``2022''.

     SEC. 407. COURT IMPROVEMENT PROGRAM.

       (a) Reservation of Funds.--Of the additional amounts made 
     available by reason of section 406 of this title, the 
     Secretary shall reserve $10,000,000 for grants under 
     subsection (b) of this section, which shall be considered to 
     be made under section 438 of the Social Security Act.
       (b) Distribution of Funds.--
       (1) In general.--From the amounts reserved under subsection 
     (a) of this section, the Secretary shall--
       (A) reserve not more than $500,000 for Tribal court 
     improvement activities; and
       (B) from the amount remaining after the application of 
     subparagraph (A), make a grant to each highest State court 
     that is approved to receive a grant under section 438 of the 
     Social Security Act for the purpose described in section 
     438(a)(3) of such Act, for fiscal year 2020.
       (2) Amount.--The amount of the grant awarded to a highest 
     State court under this subsection shall be the sum of--
       (A) $85,000; and
       (B) the amount that bears the same ratio to the amount 
     reserved under subsection (a) that remains after the 
     application of paragraph (1)(A) and subparagraph (A) of this 
     paragraph, as the number of individuals in the State in which 
     the court is located who have not attained 21 years of age 
     bears to the total number of such individuals in all States 
     the highest courts of which were awarded a grant under this 
     subsection (based on the most recent year for which data are 
     available from the Bureau of the Census).
       (3) Other rules.--
       (A) In general.--The grants awarded to the highest State 
     courts under this subsection shall be in addition to any 
     grants made to the courts under section 438 of the Social 
     Security Act for any fiscal year.
       (B) No additional application.--The Secretary shall award 
     grants to the highest State courts under this subsection 
     without requiring the courts to submit an additional 
     application.
       (C) Reports.--The Secretary may establish reporting 
     criteria specific to the grants awarded under this 
     subsection.
       (D) Redistribution of funds.--If a highest State court does 
     not accept a grant awarded under this subsection, or does not 
     agree to comply with any reporting requirements imposed under 
     subparagraph (C) or the use of funds requirements specified 
     in subsection (c), the Secretary shall redistribute the grant 
     funds that would have been awarded to that court under this 
     subsection among the other highest State courts that are 
     awarded grants under this subsection and agree to comply with 
     the reporting and use of funds requirements.
       (E) No matching requirement.--The limitation on the use of 
     funds specified in section 438(d) of such Act shall not apply 
     to the grants awarded under this section.
       (c) Use of Funds.--A highest State court awarded a grant 
     under subsection (b) shall use the grant funds to address 
     needs stemming from the COVID-19 public health emergency, 
     which may include any of the following:
       (1) Technology investments to facilitate the transition to 
     remote hearings for dependency courts when necessary as a 
     direct result of the COVID-19 public health emergency.
       (2) Training for judges, attorneys, and caseworkers on 
     facilitating and participating in remote hearings that comply 
     with due process and all applicable law, ensure child safety 
     and well-being, and help inform judicial decision-making.
       (3) Programs to help families address aspects of the case 
     plan to avoid delays in legal proceedings that would occur as 
     a direct result of the COVID-19 public health emergency.
       (4) Other purposes to assist courts, court personnel, or 
     related staff related to the COVID-19 public health 
     emergency.
       (d) Conforming Amendments.--Section 438 of the Social 
     Security Act (42 U.S.C. 629h) is amended in each of 
     subsections (c)(1) and (d) by striking ``2021'' and inserting 
     ``2022''.

     SEC. 408. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.

       (a) Inapplicability of Matching Funds Requirements.--During 
     the COVID-19 public health emergency period, the percentage 
     specified in section 474(a)(7) of the Social Security Act is 
     deemed to be 100 percent.
       (b) Waiver of Evidence Standard.--During the COVID-19 
     public health emergency period, the requirement in section 
     474(a)(7) of the Social Security Act that the Secretary 
     determine that a kinship navigator program be operated in 
     accordance with promising, supported, or well-supported 
     practices that meet the applicable criteria specified for the 
     practices in section 471(e)(4)(C) of such Act shall have no 
     force or effect.
       (c) Other Allowable Uses of Funds.--A State may use funds 
     provided to carry out a kinship navigator program--
       (1) for evaluations, independent systematic review, and 
     related activities;
       (2) to provide short-term support to kinship families for 
     direct services or assistance during the COVID-19 public 
     health emergency period; and
       (3) to ensure that kinship caregivers have the information 
     and resources to allow kinship families to function at their 
     full potential, including--
       (A) ensuring that those who are at risk of contracting 
     COVID-19 have access to information and resources for 
     necessities, including food, safety supplies, and testing and 
     treatment for COVID-19;
       (B) access to technology and technological supports needed 
     for remote learning or other activities that must be carried 
     out virtually due to the COVID-19 public health emergency;
       (C) health care and other assistance, including legal 
     assistance and assistance with making alternative care plans 
     for the children in their care if the caregivers were to 
     become unable to continue caring for the children;
       (D) services to kinship families, including kinship 
     families raising children outside of the foster care system; 
     and
       (E) assistance to allow children to continue safely living 
     with kin.
       (d) Territory Cap Exemption.--Section 1108(a)(1) of the 
     Social Security Act shall be applied without regard to any 
     amount paid to a territory pursuant to this section that 
     would not have been paid to the territory in the absence of 
     this section.

     SEC. 409. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR 
                   FAMILY FIRST TRANSITION ACT FUNDING CERTAINTY 
                   GRANTS.

       Section 602(c)(2) of division N of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94) is amended--
       (1) in subparagraph (C), in the matter preceding clause 
     (i), by striking ``The calculation'' and inserting ``Except 
     as provided in subparagraph (G), the calculation''; and
       (2) by adding at the end the following:
       ``(G) Adjustment of funding certainty baselines.--
       ``(i) Hold harmless for temporary increase in fmap.--For 
     each fiscal year specified in subparagraph (B), the Secretary 
     shall increase the maximum capped allocation for fiscal year 
     2019 or the final cost neutrality limit for fiscal year 2018 
     for a State or sub-State jurisdiction referred to in 
     subparagraph (A)(i), by the amount equal to the difference 
     between--

       ``(I) the amount of the foster care maintenance payments 
     portion of such maximum

[[Page H5313]]

     capped allocation or final cost neutrality limit; and
       ``(II) the amount that the foster care maintenance payments 
     portion of such maximum capped allocation or final cost 
     neutrality limit would be if the Federal medical assistance 
     percentage applicable to the State under clause (ii) for the 
     fiscal year so specified were used to determine the amount of 
     such portion.

       ``(ii) Applicable federal medical assistance percentage.--
     For purposes of clause (i)(II), the Federal medical 
     assistance percentage applicable to a State for a fiscal year 
     specified in subparagraph (B) is the average of the values of 
     the Federal medical assistance percentage applicable to the 
     State in each quarter of such fiscal year under section 
     474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)) 
     after application of any temporary increase in the Federal 
     medical assistance percentage for the State and quarter under 
     section 6008 of the Families First Coronavirus Response Act 
     (42 U.S.C. 1396d note) and any other Federal legislation 
     enacted during the period that begins on July 1, 2020, and 
     ends on September 30, 2021.''.

     SEC. 410. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF 
                   MEDICAID FMAP.

       Section 6008 of the Families First Coronavirus Response Act 
     (Public Law 116-127) is amended by adding at the end the 
     following:
       ``(e) Application to Title IV-E Payments.--If the District 
     of Columbia receives the increase described in subsection (a) 
     in the Federal medical assistance percentage for the District 
     of Columbia with respect to a quarter, the Federal medical 
     assistance percentage for the District of Columbia, as so 
     increased, shall apply to payments made to the District of 
     Columbia under part E of title IV of the Social Security Act 
     (42 U.S.C. 670 et seq.) for that quarter, and the payments 
     under such part shall be deemed to be made on the basis of 
     the Federal medical assistance percentage applied with 
     respect to such District for purposes of title XIX of such 
     Act (42 U.S.C. 1396 et seq.) and as increased under 
     subsection (a).''.

                 TITLE V--PANDEMIC STATE FLEXIBILITIES

     SEC. 501. EMERGENCY FLEXIBILITY FOR STATE TANF PROGRAMS.

       (a) State Programs.--Sections 407(a), 407(e)(1), and 
     408(a)(7)(A) of the Social Security Act shall have no force 
     or effect during the applicable period, and paragraphs (3), 
     (9), (14), and (15) of section 409(a) of such Act shall not 
     apply with respect to conduct engaged in during the period.
       (b) Tribal Programs.--The minimum work participation 
     requirements and time limits established under section 412(c) 
     of the Social Security Act shall have no force or effect 
     during the applicable period, and the penalties established 
     under such section shall not apply with respect to conduct 
     engaged in during the period.
       (c) Penalty for Noncompliance.--
       (1) In general.--If the Secretary of Health and Human 
     Services finds that a State or an Indian tribe has imposed a 
     work requirement as a condition of receiving assistance, or a 
     time limit on the provision of assistance, under a program 
     funded under part A of title IV of the Social Security Act or 
     any program funded with qualified State expenditures (as 
     defined in section 409(a)(7)(B)(i) of such Act) during the 
     applicable period, or has imposed a penalty for failure to 
     comply with a work requirement during the period, the 
     Secretary shall reduce the grant payable to the State under 
     section 403(a)(1) of such Act or the grant payable to the 
     tribe under section 412(a)(1) of such Act, as the case may 
     be, for fiscal year 2021 by an amount equal to 5 percent of 
     the State or tribal family assistance grant, as the case may 
     be.
       (2) Applicability of certain provisions.--For purposes of 
     section 409(d) of the Social Security Act, paragraph (1) of 
     this subsection shall be considered to be included in section 
     409(a) of such Act.
       (d) Definitions.--In this section:
       (1) Applicable period.--The term ``applicable period'' 
     means the period that begins on March 1, 2020, and ends 
     January 31, 2021.
       (2) Work requirement.--The term ``work requirement'' means 
     a requirement to engage in a work activity (as defined in 
     section 407(d) of the Social Security Act) or other work-
     related activity as defined by a State or tribal program 
     funded under part A of title IV of such Act.
       (3) Other terms.--Each other term has the meaning given the 
     term in section 419 of the Social Security Act.

     SEC. 502. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT PROGRAMS.

       (a) In General.--With respect to the period that begins on 
     March 1, 2020, and ends January 31, 2021:
       (1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) of the 
     Social Security Act shall have no force or effect.
       (2) Notwithstanding section 466(d) of such Act, the 
     Secretary of Health and Human Services (in this subsection 
     referred to as the ``Secretary'') may exempt a State from any 
     requirement of section 466 of such Act to respond to the 
     COVID-19 pandemic, except that the Secretary may not exempt a 
     State from any requirement to--
       (A) provide a parent with notice of a right to request a 
     review and, if appropriate, adjustment of a support order; or
       (B) afford a parent the opportunity to make such a request.
       (3) The Secretary may not impose a penalty or take any 
     other adverse action against a State pursuant to section 
     452(g)(1) of such Act for failure to achieve a paternity 
     establishment percentage of less than 90 percent.
       (4) The Secretary may not find that the paternity 
     establishment percentage for a State is not based on reliable 
     data for purposes of section 452(g)(1) of such Act, and the 
     Secretary may not determine that the data which a State 
     submitted pursuant to section 452(a)(4)(C)(i) of such Act and 
     which is used in determining a performance level is not 
     complete or reliable for purposes of section 458(b)(5)(B) of 
     such Act, on the basis of the failure of the State to submit 
     OCSE Form 396 or 34 in a timely manner.
       (5) The Secretary may not impose a penalty or take any 
     other adverse action against a State for failure to comply 
     with section 454A(g)(1)(A)(i) or 454B(c)(1) of such Act.
       (6) The Secretary may not disapprove a State plan submitted 
     pursuant to part D of title IV of such Act for failure of the 
     plan to meet the requirement of section 454(1) of such Act, 
     and may not impose a penalty or take any other adverse action 
     against a State with such a plan that meets that requirement 
     for failure to comply with that requirement.
       (7) To the extent that a preceding provision of this 
     section applies with respect to a provision of law applicable 
     to a program operated by an Indian tribe or tribal 
     organization (as defined in subsections (e) and (l) of 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b)), that preceding provision 
     shall apply with respect to the Indian tribe or tribal 
     organization.
       (b) Clarification of Performance Incentive Payment 
     Calculation.--Notwithstanding paragraph (3) of section 458(b) 
     of the Social Security Act, the State incentive payment share 
     for each of fiscal years 2020 and 2021 for purposes of such 
     section shall be the State incentive payment share determined 
     under such section for fiscal year 2019.
       (c) State Defined.--In subsection (a), the term ``State'' 
     has the meaning given the term in section 1101(a) of the 
     Social Security Act for purposes of title IV of such Act.

                     DIVISION K--HEALTH PROVISIONS

     SEC. 100. SHORT TITLE.

       This division may be cited as the ``Investing in America's 
     Health Care During the COVID-19 Pandemic Act''.

                      TITLE I--MEDICAID PROVISIONS

     SEC. 101. COVID-19-RELATED TEMPORARY INCREASE OF MEDICAID 
                   FMAP.

       (a) In General.--Section 6008 of the Families First 
     Coronavirus Response Act (42 U.S.C. 1396d note) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(or, if later, September 30, 2021)'' 
     after ``last day of such emergency period occurs''; and
       (B) by striking ``6.2 percentage points.'' and inserting 
     ``the percentage points specified in subsection (e). In no 
     case may the application of this section result in the 
     Federal medical assistance percentage determined for a State 
     being more than 95 percent.''; and
       (2) by adding at the end the following new subsections:
       ``(f) Specified Percentage Points.--For purposes of 
     subsection (a), the percentage points specified in this 
     subsection are--
       ``(1) for each calendar quarter occurring during the period 
     beginning on the first day of the emergency period described 
     in paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on September 30, 2020, 
     6.2 percentage points;
       ``(2) for each calendar quarter occurring during the period 
     beginning on October 1, 2020, and ending on September 30, 
     2021, 14 percentage points; and
       ``(3) for each calendar quarter, if any, occurring during 
     the period beginning on October 1, 2021, and ending on the 
     last day of the calendar quarter in which the last day of 
     such emergency period occurs, 6.2 percentage points.
       ``(g) Clarifications.--
       ``(1) In the case of a State that treats an individual 
     described in subsection (b)(3) as eligible for the benefits 
     described in such subsection, for the period described in 
     subsection (a), expenditures for medical assistance and 
     administrative costs attributable to such individual that 
     would not otherwise be included as expenditures under section 
     1903 of the Social Security Act shall be regarded as 
     expenditures under the State plan approved under title XIX of 
     the Social Security Act or for administration of such State 
     plan.
       ``(2) The limitations on payment under subsections (f) and 
     (g) of section 1108 of the Social Security Act (42 U.S.C. 
     1308) shall not apply to Federal payments made under section 
     1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)) 
     attributable to the increase in the Federal medical 
     assistance percentage under this section.
       ``(3) Expenditures attributable to the increased Federal 
     medical assistance percentage under this section shall not be 
     counted for purposes of the limitations under section 
     2104(b)(4) of such Act (42 U.S.C. 1397dd(b)(4)).
       ``(4) Notwithstanding the first sentence of section 2105(b) 
     of the Social Security Act (42 U.S.C. 1397ee(b)), the 
     application of the increase under this section may result in 
     the enhanced FMAP of a State for a fiscal year under such 
     section exceeding 85 percent, but in no case may the 
     application of such increase before application of the second 
     sentence of such section result in the enhanced FMAP of the 
     State exceeding 95 percent.
       ``(h) Scope of Application.--An increase in the Federal 
     medical assistance percentage for a State under this section 
     shall not be taken into account for purposes of payments 
     under part D of title IV of the Social Security Act (42 
     U.S.C. 651 et seq.).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect and apply as if included in the enactment 
     of section 6008 of the Families First Coronavirus Response 
     Act (Public Law 116-127).

     SEC. 102. ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMUNITY-
                   BASED SERVICES DURING THE COVID-19 EMERGENCY 
                   PERIOD.

       (a) Increased FMAP.--
       (1) In general.--Notwithstanding section 1905(b) of the 
     Social Security Act (42 U.S.C.

[[Page H5314]]

     1396d(b)), in the case of an HCBS program State, the Federal 
     medical assistance percentage determined for the State under 
     section 1905(b) of such Act and, if applicable, increased 
     under subsection (y), (z), or (aa) of section 1905 of such 
     Act (42 U.S.C. 1396d), section 1915(k) of such Act (42 U.S.C. 
     1396n(k)), or section 6008(a) of the Families First 
     Coronavirus Response Act (Public Law 116-127), shall be 
     increased by 10 percentage points with respect to 
     expenditures of the State under the State Medicaid program 
     for home and community-based services that are provided 
     during the HCBS program improvement period. In no case may 
     the application of the previous sentence result in the 
     Federal medical assistance percentage determined for a State 
     being more than 95 percent.
       (2) Definitions.--In this section:
       (A) HCBS program improvement period.--The term ``HCBS 
     program improvement period'' means, with respect to a State, 
     the period--
       (i) beginning on October 1, 2020; and
       (ii) ending on September 30, 2021.
       (B) HCBS program state.--The term ``HCBS program State'' 
     means a State that meets the condition described in 
     subsection (b) by submitting an application described in such 
     subsection, which is approved by the Secretary pursuant to 
     subsection (c).
       (C) Home and community-based services.--The term ``home and 
     community-based services'' means home health care services 
     authorized under paragraph (7) of section 1905(a) of the 
     Social Security Act (42 U.S.C. 1396d(a)), personal care 
     services authorized under paragraph (24) of such section, 
     PACE services authorized under paragraph (26) of such 
     section, services authorized under subsections (b), (c), (i), 
     (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), 
     such services authorized under a waiver under section 1115 of 
     such Act (42 U.S.C. 1315), and such other services specified 
     by the Secretary.
       (b) Condition.--The condition described in this subsection, 
     with respect to a State, is that the State submits an 
     application to the Secretary, at such time and in such manner 
     as specified by the Secretary, that includes, in addition to 
     such other information as the Secretary shall require--
       (1) a description of which activities described in 
     subsection (d) that a state plans to implement and a 
     description of how it plans to implement such activities;
       (2) assurances that the Federal funds attributable to the 
     increase under subsection (a) will be used--
       (A) to implement the activities described in subsection 
     (d); and
       (B) to supplement, and not supplant, the level of State 
     funds expended for home and community-based services for 
     eligible individuals through programs in effect as of the 
     date of the enactment of this section; and
       (3) assurances that the State will conduct adequate 
     oversight and ensure the validity of such data as may be 
     required by the Secretary.
       (c) Approval of Application.--Not later than 90 days after 
     the date of submission of an application of a State under 
     subsection (b), the Secretary shall certify if the 
     application is complete. Upon certification that an 
     application of a State is complete, the application shall be 
     deemed to be approved for purposes of this section.
       (d) Activities to Improve the Delivery of HCBS.--
       (1) In general.--A State shall work with community 
     partners, such as Area Agencies on Aging, Centers for 
     Independent Living, non-profit home and community-based 
     services providers, and other entities providing home and 
     community-based services, to implement--
       (A) the purposes described in paragraph (2) during the 
     COVID-19 public health emergency period; and
       (B) the purposes described in paragraph (3) after the end 
     of such emergency period.
       (2) Focused areas of hcbs improvement.--The purposes 
     described in this paragraph, with respect to a State, are the 
     following:
       (A) To increase rates for home health agencies and agencies 
     that employ direct support professionals (including 
     independent providers in a self-directed or consumer-directed 
     model) to provide home and community-based services under the 
     State Medicaid program, provided that any agency or 
     individual that receives payment under such an increased rate 
     increases the compensation it pays its home health workers or 
     direct support professionals.
       (B) To provide paid sick leave, paid family leave, and paid 
     medical leave for home health workers and direct support 
     professionals.
       (C) To provide hazard pay, overtime pay, and shift 
     differential pay for home health workers and direct support 
     professionals.
       (D) To provide home and community-based services to 
     eligible individuals who are on waiting lists for programs 
     approved under sections 1115 or 1915 of the Social Security 
     Act (42 U.S.C. 1315, 1396n).
       (E) To purchase emergency supplies and equipment, which may 
     include items not typically covered under the Medicaid 
     program, such as personal protective equipment, necessary to 
     enhance access to services and to protect the health and 
     well-being of home health workers and direct support 
     professionals.
       (F) To pay for the travel of home health workers and direct 
     support professionals to conduct home and community-based 
     services.
       (G) To recruit new home health workers and direct support 
     professionals.
       (H) To support family care providers of eligible 
     individuals with needed supplies and equipment, which may 
     include items not typically covered under the Medicaid 
     program, such as personal protective equipment, and pay.
       (I) To pay for training for home health workers and direct 
     support professionals that is specific to the COVID-19 public 
     health emergency.
       (J) To pay for assistive technologies, staffing, and other 
     costs incurred during the COVID-19 public health emergency 
     period in order to facilitate community integration and 
     ensure an individual's person-centered service plan continues 
     to be fully implemented.
       (K) To prepare information and public health and 
     educational materials in accessible formats (including 
     formats accessible to people with low literacy or 
     intellectual disabilities) about prevention, treatment, 
     recovery and other aspects of COVID-19 for eligible 
     individuals, their families, and the general community served 
     by agencies described in subparagraph (A).
       (L) To pay for American sign language interpreters to 
     assist in providing home and community-based services to 
     eligible individuals and to inform the general public about 
     COVID-19.
       (M) To allow day services providers to provide home and 
     community-based services.
       (N) To pay for other expenses deemed appropriate by the 
     Secretary to enhance, expand, or strengthen Home and 
     Community-Based Services, including retainer payments, and 
     expenses which meet the criteria of the home and community-
     based settings rule published on January 16, 2014.
       (3) Permissible uses after the emergency period.--The 
     purpose described in this paragraph, with respect to a State, 
     is to assist eligible individuals who had to relocate to a 
     nursing facility or institutional setting from their homes 
     during the COVID-19 public health emergency period in--
       (A) moving back to their homes (including by paying for 
     moving costs, first month's rent, and other one-time expenses 
     and start-up costs);
       (B) resuming home and community-based services;
       (C) receiving mental health services and necessary 
     rehabilitative service to regain skills lost while relocated 
     during the public health emergency period; and
       (D) while funds attributable to the increased FMAP under 
     this section remain available, continuing home and community-
     based services for eligible individuals who were served from 
     a waiting list for such services during the public health 
     emergency period.
       (e) Reporting Requirements.--
       (1) State reporting requirements.--Not later than December 
     31, 2022, any State with respect to which an application is 
     approved by the Secretary pursuant to subsection (c) shall 
     submit a report to the Secretary that contains the following 
     information:
       (A) Activities and programs that were funded using Federal 
     funds attributable to such increase.
       (B) The number of eligible individuals who were served by 
     such activities and programs.
       (C) The number of eligible individuals who were able to 
     resume home and community-based services as a result of such 
     activities and programs.
       (2) HHS evaluation.--
       (A) In general.--The Secretary shall evaluate the 
     implementation and outcomes of this section in the aggregate 
     using an external evaluator with experience evaluating home 
     and community-based services, disability programs, and older 
     adult programs.
       (B) Evaluation criteria.--For purposes of subparagraph (A), 
     the external evaluator shall--
       (i) document and evaluate changes in access, availability, 
     and quality of home and community-based services in each HCBS 
     program State;
       (ii) document and evaluate aggregate changes in access, 
     availability, and quality of home and community-based 
     services across all such States; and
       (iii) evaluate the implementation and outcomes of this 
     section based on--

       (I) the impact of this section on increasing funding for 
     home and community-based services;
       (II) the impact of this section on achieving targeted 
     access, availability, and quality of home and community-based 
     services; and
       (III) promising practices identified by activities 
     conducted pursuant to subsection (d) that increase access to, 
     availability of, and quality of home and community-based 
     services.

       (C) Dissemination of evaluation findings.--The Secretary 
     shall--
       (i) disseminate the findings from the evaluations conducted 
     under this paragraph to--

       (I) all State Medicaid directors; and
       (II) the Committee on Energy and Commerce of the House of 
     Representatives, the Committee on Finance of the Senate, and 
     the Special Committee on Aging of the Senate; and

       (ii) make all evaluation findings publicly available in an 
     accessible electronic format and any other accessible format 
     determined appropriate by the Secretary.
       (D) Oversight.--Each State with respect to which an 
     application is approved by the Secretary pursuant to 
     subsection (c) shall ensure adequate oversight of the 
     expenditure of Federal funds pursuant to such increase in 
     accordance with the Medicaid regulations, including section 
     1115 and 1915 waiver regulations and special terms and 
     conditions for any relevant waiver or grant program.
       (3) Non-application of the paperwork reduction act.--
     Chapter 35 of title 44, United States Code (commonly referred 
     to as the ``Paperwork Reduction Act of 1995''), shall not 
     apply to the provisions of this subsection.
       (f) Additional Definitions.--In this section:
       (1) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the portion 
     of the emergency period described in paragraph (1)(B) of 
     section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
     5(g)) beginning on or after the date of the enactment of this 
     Act.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an individual who is eligible for or enrolled for 
     medical assistance under a State Medicaid program.

[[Page H5315]]

       (3) Medicaid program.--The term ``Medicaid program'' means, 
     with respect to a State, the State program under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.) (including 
     any waiver or demonstration under such title or under section 
     1115 of such Act (42 U.S.C. 1315) relating to such title).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).

     SEC. 103. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE AND 
                   TREATMENT.

       (a) Medicaid.--
       (1) In general.--Section 1905(a)(4) of the Social Security 
     Act (42 U.S.C. 1396d(a)(4)) is amended--
       (A) by striking ``and (D)'' and inserting ``(D)''; and
       (B) by striking the semicolon at the end and inserting ``; 
     (E) during the portion of the emergency period described in 
     paragraph (1)(B) of section 1135(g) beginning on the date of 
     the enactment of the Investing in America's Health Care 
     During the COVID-19 Pandemic Act, a COVID-19 vaccine licensed 
     under section 351 of the Public Health Service Act, or 
     approved or authorized under sections 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, and administration of 
     the vaccine; (F) during such portion of the emergency period 
     described in paragraph (1)(B) of section 1135(g), items or 
     services for the prevention or treatment of COVID-19, 
     including drugs approved or authorized under such section 505 
     or such section 564 or, without regard to the requirements of 
     section 1902(a)(10)(B) (relating to comparability), in the 
     case of an individual who is diagnosed with or presumed to 
     have COVID-19, during such portion of such emergency period 
     during which such individual is infected (or presumed 
     infected) with COVID-19, the treatment of a condition that 
     may complicate the treatment of COVID-19;''.
       (2) Prohibition of cost sharing.--
       (A) In general.--Subsections (a)(2) and (b)(2) of section 
     1916 of the Social Security Act (42 U.S.C. 1396o) are each 
     amended--
       (i) in subparagraph (F), by striking ``or'' at the end;
       (ii) in subparagraph (G), by striking ``; and'' and 
     inserting ``, or''; and
       (iii) by adding at the end the following subparagraphs:
       ``(H) during the portion of the emergency period described 
     in paragraph (1)(B) of section 1135(g) beginning on the date 
     of the enactment of this subparagraph, a COVID-19 vaccine 
     licensed under section 351 of the Public Health Service Act, 
     or approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, and the administration 
     of such vaccine, or
       ``(I) during such portion of the emergency period described 
     in paragraph (1)(B) of section 1135(g), any item or service 
     furnished for the treatment of COVID-19, including drugs 
     approved or authorized under such section 505 or such section 
     564 or, in the case of an individual who is diagnosed with or 
     presumed to have COVID-19, during the portion of such 
     emergency period during which such individual is infected (or 
     presumed infected) with COVID-19, the treatment of a 
     condition that may complicate the treatment of COVID-19; 
     and''.
       (B) Application to alternative cost sharing.--Section 
     1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
     1(b)(3)(B)) is amended--
       (i) in clause (xi), by striking ``any visit'' and inserting 
     ``any service''; and
       (ii) by adding at the end the following clauses:
       ``(xii) During the portion of the emergency period 
     described in paragraph (1)(B) of section 1135(g) beginning on 
     the date of the enactment of this clause, a COVID-19 vaccine 
     licensed under section 351 of the Public Health Service Act, 
     or approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, and the administration 
     of such vaccine.
       ``(xiii) During such portion of the emergency period 
     described in paragraph (1)(B) of section 1135(g), an item or 
     service furnished for the treatment of COVID-19, including 
     drugs approved or authorized under such section 505 or such 
     section 564 or, in the case of an individual who is diagnosed 
     with or presumed to have COVID-19, during such portion of 
     such emergency period during which such individual is 
     infected (or presumed infected) with COVID-19, the treatment 
     of a condition that may complicate the treatment of COVID-
     19.''.
       (C) Clarification.--The amendments made by this subsection 
     shall apply with respect to a State plan of a territory in 
     the same manner as a State plan of one of the 50 States.
       (b) State Pediatric Vaccine Distribution Program.--Section 
     1928 of the Social Security Act (42 U.S.C. 1396s) is 
     amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following subparagraph:
       ``(C) during the portion of the emergency period described 
     in paragraph (1)(B) of section 1135(g) beginning on the date 
     of the enactment of this subparagraph, each vaccine-eligible 
     child (as defined in subsection (b)) is entitled to receive a 
     COVID-19 vaccine from a program-registered provider (as 
     defined in subsection (h)(7)) without charge for--
       ``(i) the cost of such vaccine; or
       ``(ii) the administration of such vaccine.'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (C)(ii), by inserting ``, but, during 
     the portion of the emergency period described in paragraph 
     (1)(B) of section 1135(g) beginning on the date of the 
     enactment of the Investing in America's Health Care During 
     the COVID-19 Pandemic Act, may not impose a fee for the 
     administration of a COVID-19 vaccine'' before the period; and
       (B) by adding at the end the following subparagraph:
       ``(D) The provider will provide and administer an approved 
     COVID-19 vaccine to a vaccine-eligible child in accordance 
     with the same requirements as apply under the preceding 
     subparagraphs to the provision and administration of a 
     qualified pediatric vaccine to such a child.''; and
       (3) in subsection (d)(1), in the first sentence, by 
     inserting ``, including, during the portion of the emergency 
     period described in paragraph (1)(B) of section 1135(g) 
     beginning on the date of the enactment of the Investing in 
     America's Health Care During the COVID-19 Pandemic Act, with 
     respect to a COVID-19 vaccine licensed under section 351 of 
     the Public Health Service Act, or approved or authorized 
     under section 505 or 564 of the Federal Food, Drug, and 
     Cosmetic Act'' before the period.
       (c) CHIP.--
       (1) In general.--Section 2103(c) of the Social Security Act 
     (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
     following paragraph:
       ``(11) Coverage of covid-19 vaccines and treatment.--
     Regardless of the type of coverage elected by a State under 
     subsection (a), child health assistance provided under such 
     coverage for targeted low-income children and, in the case 
     that the State elects to provide pregnancy-related assistance 
     under such coverage pursuant to section 2112, such pregnancy-
     related assistance for targeted low-income pregnant women (as 
     defined in section 2112(d)) shall include coverage, during 
     the portion of the emergency period described in paragraph 
     (1)(B) of section 1135(g) beginning on the date of the 
     enactment of this paragraph, of--
       ``(A) a COVID-19 vaccine licensed under section 351 of the 
     Public Health Service Act, or approved or authorized under 
     section 505 or 564 of the Federal Food, Drug, and Cosmetic 
     Act, and the administration of such vaccine; and
       ``(B) any item or service furnished for the treatment of 
     COVID-19, including drugs approved or authorized under such 
     section 505 or such section 564, or, in the case of an 
     individual who is diagnosed with or presumed to have COVID-
     19, during the portion of such emergency period during which 
     such individual is infected (or presumed infected) with 
     COVID-19, the treatment of a condition that may complicate 
     the treatment of COVID-19.''.
       (2) Prohibition of cost sharing.--Section 2103(e)(2) of the 
     Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by 
     section 6004(b)(3) of the Families First Coronavirus Response 
     Act, is amended--
       (A) in the paragraph header, by inserting ``a covid-19 
     vaccine, covid-19 treatment,'' before ``or pregnancy-related 
     assistance''; and
       (B) by striking ``visits described in section 
     1916(a)(2)(G), or'' and inserting ``services described in 
     section 1916(a)(2)(G), vaccines described in section 
     1916(a)(2)(H) administered during the portion of the 
     emergency period described in paragraph (1)(B) of section 
     1135(g) beginning on the date of the enactment of the 
     Investing in America's Health Care During the COVID-19 
     Pandemic Act, items or services described in section 
     1916(a)(2)(I) furnished during such emergency period, or''.
       (d) Conforming Amendments.--Section 1937 of the Social 
     Security Act (42 U.S.C. 1396u-7) is amended--
       (1) in subsection (a)(1)(B), by inserting ``, under 
     subclause (XXIII) of section 1902(a)(10)(A)(ii),'' after 
     ``section 1902(a)(10)(A)(i)''; and
       (2) in subsection (b)(5), by adding before the period the 
     following: ``, and, effective on the date of the enactment of 
     the Investing in America's Health Care During the COVID-19 
     Pandemic Act, must comply with subparagraphs (F) through (I) 
     of subsections (a)(2) and (b)(2) of section 1916 and 
     subsection (b)(3)(B) of section 1916A''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     shall apply with respect to a COVID-19 vaccine beginning on 
     the date that such vaccine is licensed under section 351 of 
     the Public Health Service Act (42 U.S.C. 262), or approved or 
     authorized under section 505 or 564 of the Federal Food, 
     Drug, and Cosmetic Act.

     SEC. 104. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19 
                   TREATMENT AND VACCINES UNDER MEDICAID FOR 
                   UNINSURED INDIVIDUALS.

       (a) In General.--Section 1902(a)(10) of the Social Security 
     Act (42 U.S.C. 1396a(a)(10) is amended, in the matter 
     following subparagraph (G), by striking ``and any visit 
     described in section 1916(a)(2)(G)'' and inserting the 
     following: ``, any COVID-19 vaccine that is administered 
     during any such portion (and the administration of such 
     vaccine), any item or service that is furnished during any 
     such portion for the treatment of COVID-19, including drugs 
     approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, or, in the case of an 
     individual who is diagnosed with or presumed to have COVID-
     19, during the period such individual is infected (or 
     presumed infected) with COVID-19, the treatment of a 
     condition that may complicate the treatment of COVID-19, and 
     any services described in section 1916(a)(2)(G)''.
       (b) Definition of Uninsured Individual.--
       (1) In general.--Subsection (ss) of section 1902 of the 
     Social Security Act (42 U.S.C. 1396a) is amended to read as 
     follows:
       ``(ss) Uninsured Individual Defined.--For purposes of this 
     section, the term `uninsured individual' means, 
     notwithstanding any other provision of this title, any 
     individual who is not

[[Page H5316]]

     covered by minimum essential coverage (as defined in section 
     5000A(f)(1) of the Internal Revenue Code of 1986).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect and apply as if included in the enactment 
     of the Families First Coronavirus Response Act (Public Law 
     116-127).
       (c) Clarification Regarding Emergency Services for Certain 
     Individuals.--Section 1903(v)(2) of the Social Security Act 
     (42 U.S.C. 1396b(v)(2)) is amended by adding at the end the 
     following flush sentence:
     ``For purposes of subparagraph (A), care and services 
     described in such subparagraph include any in vitro 
     diagnostic product described in section 1905(a)(3)(B) (and 
     the administration of such product), any COVID-19 vaccine 
     (and the administration of such vaccine), any item or service 
     that is furnished for the treatment of COVID-19, including 
     drugs approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, or a condition that may 
     complicate the treatment of COVID-19, and any services 
     described in section 1916(a)(2)(G).''.
       (d) Inclusion of COVID-19 Concern as an Emergency 
     Condition.--Section 1903(v)(3) of the Social Security Act (42 
     U.S.C. 1396b(v)(3)) is amended by adding at the end the 
     following flush sentence:
     ``Such term includes any indication that an alien described 
     in paragraph (1) may have contracted COVID-19.''.

     SEC. 105. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED 
                   STATES.

       (a) In General.--Section 402(b)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(G) Medicaid exception for citizens of freely associated 
     states.--With respect to eligibility for benefits for the 
     designated Federal program defined in paragraph (3)(C) 
     (relating to the Medicaid program), section 401(a) and 
     paragraph (1) shall not apply to any individual who lawfully 
     resides in 1 of the 50 States or the District of Columbia in 
     accordance with the Compacts of Free Association between the 
     Government of the United States and the Governments of the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau and shall not apply, at 
     the option of the Governor of Puerto Rico, the Virgin 
     Islands, Guam, the Northern Mariana Islands, or American 
     Samoa as communicated to the Secretary of Health and Human 
     Services in writing, to any individual who lawfully resides 
     in the respective territory in accordance with such 
     Compacts.''.
       (b) Exception to 5-Year Limited Eligibility.--Section 
     403(d) of such Act (8 U.S.C. 1613(d)) is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) an individual described in section 402(b)(2)(G), but 
     only with respect to the designated Federal program defined 
     in section 402(b)(3)(C).''.
       (c) Definition of Qualified Alien.--Section 431(b) of such 
     Act (8 U.S.C. 1641(b)) is amended--
       (1) in paragraph (6), by striking ``; or'' at the end and 
     inserting a comma;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``, or''; and
       (3) by adding at the end the following new paragraph:
       ``(8) an individual who lawfully resides in the United 
     States in accordance with a Compact of Free Association 
     referred to in section 402(b)(2)(G), but only with respect to 
     the designated Federal program defined in section 
     402(b)(3)(C) (relating to the Medicaid program).''.
       (d) Application to State Plans.--Section 1902(a)(10)(A)(i) 
     of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is 
     amended by inserting after subclause (IX) the following:

       ``(X) who are described in section 402(b)(2)(G) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 and eligible for benefits under this title by 
     reason of application of such section;''.

       (e) Conforming Amendments.--Section 1108 of the Social 
     Security Act (42 U.S.C. 1308) is amended--
       (1) in subsection (f), in the matter preceding paragraph 
     (1), by striking ``subsections (g) and (h) and section 
     1935(e)(1)(B)'' and inserting ``subsections (g), (h), and (i) 
     and section 1935(e)(1)(B)''; and
       (2) by adding at the end the following:
       ``(i) Exclusion of Medical Assistance Expenditures for 
     Citizens of Freely Associated States.--Expenditures for 
     medical assistance provided to an individual described in 
     section 431(b)(8) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) 
     shall not be taken into account for purposes of applying 
     payment limits under subsections (f) and (g).''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to benefits for items and services furnished on 
     or after the date of the enactment of this Act.

     SEC. 106. TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS.

       (a) In General.--Section 1923(f)(3) of the Social Security 
     Act (42 U.S.C. 1396r-4(f)(3)) is amended--
       (1) in subparagraph (A), by striking ``and subparagraph 
     (E)'' and inserting ``and subparagraphs (E) and (F)''; and
       (2) by adding at the end the following new subparagraph:
       ``(F) Temporary increase in allotments during certain 
     public health emergency.--The DSH allotment for any State for 
     each of fiscal years 2020 and 2021 is equal to 102.5 percent 
     of the DSH allotment that would be determined under this 
     paragraph for the State for each respective fiscal year 
     without application of this subparagraph, notwithstanding 
     subparagraphs (B) and (C). For each fiscal year after fiscal 
     year 2021, the DSH allotment for a State for such fiscal year 
     is equal to the DSH allotment that would have been determined 
     under this paragraph for such fiscal year if this 
     subparagraph had not been enacted.''.
       (b) DSH Allotment Adjustment for Tennessee.--Section 
     1923(f)(6)(A)(vi) of the Social Security Act (42 U.S.C. 
     1396r-4(f)(6)(A)(vi)) is amended--
       (1) by striking ``Notwithstanding any other provision of 
     this subsection'' and inserting the following:

       ``(I) In general.--Notwithstanding any other provision of 
     this subsection (except as provided in subclause (II) of this 
     clause)''; and

       (2) by adding at the end the following:

       ``(II) Temporary increase in allotments.--The DSH allotment 
     for Tennessee for each of fiscal years 2020 and 2021 shall be 
     equal to $54,427,500.''.

       (c) Sense of Congress.--It is the sense of Congress that a 
     State should prioritize making payments under the State plan 
     of the State under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) (or a waiver of such plan) to 
     disproportionate share hospitals that have a higher share of 
     COVID-19 patients relative to other such hospitals in the 
     State.

     SEC. 107. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR 
                   INMATES DURING 30-DAY PERIOD PRECEDING RELEASE.

       (a) In General.--The subdivision (A) following paragraph 
     (30) of section 1905(a) of the Social Security Act (42 U.S.C. 
     1396d(a)) is amended by inserting ``and except during the 30-
     day period preceding the date of release of such individual 
     from such public institution'' after ``medical institution''.
       (b) Report.--Not later than June 30, 2022, the Medicaid and 
     CHIP Payment and Access Commission shall submit a report to 
     Congress on the Medicaid inmate exclusion under the 
     subdivision (A) following paragraph (30) of section 1905(a) 
     of the Social Security Act (42 U.S.C. 1396d(a)). Such report 
     may, to the extent practicable, include the following 
     information:
       (1) The number of incarcerated individuals who would 
     otherwise be eligible to enroll for medical assistance under 
     a State plan approved under title XIX of the Social Security 
     Act (42 U.S.C. 1396 et seq.) (or a waiver of such a plan).
       (2) Access to health care for incarcerated individuals, 
     including a description of medical services generally 
     available to incarcerated individuals.
       (3) A description of current practices related to the 
     discharge of incarcerated individuals, including how prisons 
     interact with State Medicaid agencies to ensure that such 
     individuals who are eligible to enroll for medical assistance 
     under a State plan or waiver described in paragraph (1) are 
     so enrolled.
       (4) If determined appropriate by the Commission, 
     recommendations for Congress, the Department of Health and 
     Human Services, or States regarding the Medicaid inmate 
     exclusion.
       (5) Any other information that the Commission determines 
     would be useful to Congress.

     SEC. 108. MEDICAID COVERAGE OF CERTAIN MEDICAL 
                   TRANSPORTATION.

       (a) Continuing Requirement of Medicaid Coverage of 
     Necessary Transportation.--
       (1) Requirement.--Section 1902(a)(4) of the Social Security 
     Act (42 U.S.C. 1396a(a)(4)) is amended--
       (A) by striking ``and including provision for utilization'' 
     and inserting ``including provision for utilization''; and
       (B) by inserting after ``supervision of administration of 
     the plan'' the following: ``, and, subject to section 
     1903(i), including a specification that the single State 
     agency described in paragraph (5) will ensure necessary 
     transportation for beneficiaries under the State plan to and 
     from providers and a description of the methods that such 
     agency will use to ensure such transportation''.
       (2) Application with respect to benchmark benefit packages 
     and benchmark equivalent coverage.--Section 1937(a)(1) of the 
     Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
       (A) in subparagraph (A), by striking ``subsection (E)'' and 
     inserting ``subparagraphs (E) and (F)''; and
       (B) by adding at the end the following new subparagraph:
       ``(F) Necessary transportation.--Notwithstanding the 
     preceding provisions of this paragraph, a State may not 
     provide medical assistance through the enrollment of an 
     individual with benchmark coverage or benchmark equivalent 
     coverage described in subparagraph (A)(i) unless, subject to 
     section 1903(i)(9) and in accordance with section 1902(a)(4), 
     the benchmark benefit package or benchmark equivalent 
     coverage (or the State)--
       ``(i) ensures necessary transportation for individuals 
     enrolled under such package or coverage to and from 
     providers; and
       ``(ii) provides a description of the methods that will be 
     used to ensure such transportation.''.
       (3) Limitation on federal financial participation.--Section 
     1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is 
     amended by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) with respect to any amount expended for non-emergency 
     transportation authorized under section 1902(a)(4), unless 
     the State plan provides for the methods and procedures 
     required under section 1902(a)(30)(A); or''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act 
     and shall apply to transportation furnished on or after such 
     date.

[[Page H5317]]

       (b) Medicaid Program Integrity Measures Related to Coverage 
     of Nonemergency Medical Transportation.--
       (1) Gao study.--Not later than two years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study, and submit to Congress, 
     a report on coverage under the Medicaid program under title 
     XIX of the Social Security Act of nonemergency transportation 
     to medically necessary services. Such study shall take into 
     account the 2009 report of the Office of the Inspector 
     General of the Department of Health and Human Services, 
     titled ``Fraud and Abuse Safeguards for Medicaid Nonemergency 
     Medical Transportation'' (OEI-06-07-003200). Such report 
     shall include the following:
       (A) An examination of the 50 States and the District of 
     Columbia to identify safeguards to prevent and detect fraud 
     and abuse with respect to coverage under the Medicaid program 
     of nonemergency transportation to medically necessary 
     services.
       (B) An examination of transportation brokers to identify 
     the range of safeguards against such fraud and abuse to 
     prevent improper payments for such transportation.
       (C) Identification of the numbers, types, and outcomes of 
     instances of fraud and abuse, with respect to coverage under 
     the Medicaid program of such transportation, that State 
     Medicaid Fraud Control Units have investigated in recent 
     years.
       (D) Identification of commonalities or trends in program 
     integrity, with respect to such coverage, to inform risk 
     management strategies of States and the Centers for Medicare 
     & Medicaid Services.
       (2) Stakeholder working group.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services, through the Centers for Medicare & Medicaid 
     Services, shall convene a series of meetings to obtain input 
     from appropriate stakeholders to facilitate discussion and 
     shared learning about the leading practices for improving 
     Medicaid program integrity, with respect to coverage of 
     nonemergency transportation to medically necessary services.
       (B) Topics.--The meetings convened under subparagraph (A) 
     shall--
       (i) focus on ongoing challenges to Medicaid program 
     integrity as well as leading practices to address such 
     challenges; and
       (ii) address specific challenges raised by stakeholders 
     involved in coverage under the Medicaid program of 
     nonemergency transportation to medically necessary services, 
     including unique considerations for specific groups of 
     Medicaid beneficiaries meriting particular attention, such as 
     American Indians and tribal land issues or accommodations for 
     individuals with disabilities.
       (C) Stakeholders.--Stakeholders described in subparagraph 
     (A) shall include individuals from State Medicaid programs, 
     brokers for nonemergency transportation to medically 
     necessary services that meet the criteria described in 
     section 1902(a)(70)(B) of the Social Security Act (42 U.S.C. 
     1396a(a)(70)(B)), providers (including transportation network 
     companies), Medicaid patient advocates, and such other 
     individuals specified by the Secretary.
       (3) Guidance review.--Not later than 18 months after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services, through the Centers for Medicare & 
     Medicaid Services, shall assess guidance issued to States by 
     the Centers for Medicare & Medicaid Services relating to 
     Federal requirements for nonemergency transportation to 
     medically necessary services under the Medicaid program under 
     title XIX of the Social Security Act and update such guidance 
     as necessary to ensure States have appropriate and current 
     guidance in designing and administering coverage under the 
     Medicaid program of nonemergency transportation to medically 
     necessary services.
       (4) Nemt transportation provider and driver requirements.--
       (A) State plan requirement.--Section 1902(a) of the Social 
     Security Act (42 U.S.C. 1396a(a)) is amended--
       (i) by striking ``and'' at the end of paragraph (85);
       (ii) by striking the period at the end of paragraph (86) 
     and inserting ``; and''; and
       (iii) by inserting after paragraph (86) the following new 
     paragraph:
       ``(87) provide for a mechanism, which may include 
     attestation, that ensures that, with respect to any provider 
     (including a transportation network company) or individual 
     driver of nonemergency transportation to medically necessary 
     services receiving payments under such plan (but excluding 
     any public transit authority), at a minimum--
       ``(A) each such provider and individual driver is not 
     excluded from participation in any Federal health care 
     program (as defined in section 1128B(f)) and is not listed on 
     the exclusion list of the Inspector General of the Department 
     of Health and Human Services;
       ``(B) each such individual driver has a valid driver's 
     license;
       ``(C) each such provider has in place a process to address 
     any violation of a State drug law; and
       ``(D) each such provider has in place a process to disclose 
     to the State Medicaid program the driving history, including 
     any traffic violations, of each such individual driver 
     employed by such provider, including any traffic 
     violations.''.
       (B) Effective date.--
       (i) In general.--Except as provided in clause (ii), the 
     amendments made by subparagraph (A) shall take effect on the 
     date of the enactment of this Act and shall apply to services 
     furnished on or after the date that is one year after the 
     date of the enactment of this Act.
       (ii) Exception if state legislation required.--In the case 
     of a State plan for medical assistance under title XIX of the 
     Social Security Act which the Secretary of Health and Human 
     Services determines requires State legislation (other than 
     legislation appropriating funds) in order for the plan to 
     meet the additional requirement imposed by the amendments 
     made by subparagraph (A), the State plan shall not be 
     regarded as failing to comply with the requirements of such 
     title solely on the basis of its failure to meet this 
     additional requirement before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.
       (5) Analysis of t-msis data.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services, through the Centers for Medicare & 
     Medicaid Services, shall analyze, and submit to Congress a 
     report on, the nation-wide data set under the Transformed 
     Medicaid Statistical Information System to identify 
     recommendations relating to coverage under the Medicaid 
     program under title XIX of the Social Security Act of 
     nonemergency transportation to medically necessary services.

                     TITLE II--MEDICARE PROVISIONS

     SEC. 201. HOLDING MEDICARE BENEFICIARIES HARMLESS FOR 
                   SPECIFIED COVID-19 TREATMENT SERVICES FURNISHED 
                   UNDER PART A OR PART B OF THE MEDICARE PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, in the case of a specified COVID-19 treatment service 
     (as defined in subsection (b)) furnished during any portion 
     of the emergency period described in paragraph (1)(B) of 
     section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
     5(g)) beginning on or after the date of the enactment of this 
     Act to an individual entitled to benefits under part A or 
     enrolled under part B of title XVIII of the Social Security 
     Act (42 U.S.C. 1395 et seq.) for which payment is made under 
     such part A or such part B, the Secretary of Health and Human 
     Services (in this section referred to as the ``Secretary'') 
     shall provide that--
       (1) any cost-sharing required (including any deductible, 
     copayment, or coinsurance) applicable to such individual 
     under such part A or such part B with respect to such item or 
     service is paid by the Secretary; and
       (2) the provider of services or supplier (as defined in 
     section 1861 of the Social Security Act (42 U.S.C. 1395x)) 
     does not hold such individual liable for such requirement.
       (b) Definition of Specified COVID-19 Treatment Services.--
     For purposes of this section, the term ``specified COVID-19 
     treatment service'' means any item or service furnished to an 
     individual for which payment may be made under part A or part 
     B of title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) if such item or service is included in a claim with 
     an ICD-10-CM code relating to COVID-19 (as described in the 
     document entitled ``ICD-10-CM Official Coding Guidelines - 
     Supplement Coding encounters related to COVID-19 Coronavirus 
     Outbreak'' published on February 20, 2020, or as otherwise 
     specified by the Secretary).
       (c) Recovery of Cost-Sharing Amounts Paid by the Secretary 
     in the Case of Supplemental Insurance Coverage.--
       (1) In general.--In the case of any amount paid by the 
     Secretary pursuant to subsection (a)(1) that the Secretary 
     determines would otherwise have been paid by a group health 
     plan or health insurance issuer (as such terms are defined in 
     section 2791 of the Public Health Service Act (42 U.S.C. 
     300gg-91)), a private entity offering a medicare supplemental 
     policy under section 1882 of the Social Security Act (42 
     U.S.C. 1395ss), any other health plan offering supplemental 
     coverage, a State plan under title XIX of the Social Security 
     Act, or the Secretary of Defense under the TRICARE program, 
     such plan, issuer, private entity, other health plan, State 
     plan, or Secretary of Defense, as applicable, shall pay to 
     the Secretary, not later than 1 year after such plan, issuer, 
     private entity, other health plan, State plan, or Secretary 
     of Defense receives a notice under paragraph (3), such amount 
     in accordance with this subsection.
       (2) Required information.--Not later than 9 months after 
     the date of the enactment of this Act, each group health 
     plan, health insurance issuer, private entity, other health 
     plan, State plan, and Secretary of Defense described in 
     paragraph (1) shall submit to the Secretary such information 
     as the Secretary determines necessary for purposes of 
     carrying out this subsection. Such information so submitted 
     shall be updated by such plan, issuer, private entity, other 
     health plan, State plan, or Secretary of Defense, as 
     applicable, at such time and in such manner as specified by 
     the Secretary.
       (3) Review of claims and notification.--The Secretary shall 
     establish a process under which claims for items and services 
     for which the Secretary has paid an amount pursuant to 
     subsection (a)(1) are reviewed for purposes of identifying if 
     such amount would otherwise have been paid by a plan, issuer, 
     private entity, other health plan, State plan, or Secretary 
     of Defense described in paragraph (1). In the case such a 
     claim is so identified, the Secretary shall determine the 
     amount that would have been otherwise payable by such plan, 
     issuer, private entity, other health plan, State plan, or 
     Secretary of Defense and notify such plan, issuer, private 
     entity, other health plan, State plan, or Secretary of 
     Defense of such amount.
       (4) Enforcement.--The Secretary may impose a civil monetary 
     penalty in an amount determined appropriate by the Secretary 
     in the case of a plan, issuer, private entity, other health 
     plan, or State plan that fails to comply with a provision of 
     this section. The provisions of section 1128A of the Social 
     Security Act shall apply

[[Page H5318]]

     to a civil monetary penalty imposed under the previous 
     sentence in the same manner as such provisions apply to a 
     penalty or proceeding under subsection (a) or (b) of such 
     section.
       (d) Funding.--The Secretary shall provide for the transfer 
     to the Centers for Medicare & Medicaid Program Management 
     Account from the Federal Hospital Insurance Trust Fund and 
     the Federal Supplementary Trust Fund (in such portions as the 
     Secretary determines appropriate) $100,000,000 for purposes 
     of carrying out this section.
       (e) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Health and Human Services shall submit to 
     Congress a report containing an analysis of amounts paid 
     pursuant to subsection (a)(1) compared to amounts paid to the 
     Secretary pursuant to subsection (c).
       (f) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement the provisions of this 
     section by program instruction or otherwise.

     SEC. 202. ENSURING COMMUNICATIONS ACCESSIBILITY FOR RESIDENTS 
                   OF SKILLED NURSING FACILITIES DURING THE COVID-
                   19 EMERGENCY PERIOD.

       (a) In General.--Section 1819(c)(3) of the Social Security 
     Act (42 U.S.C. 1395i-3(c)(3)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) provide for reasonable access to the use of a 
     telephone, including TTY and TDD services (as defined for 
     purposes of section 483.10 of title 42, Code of Federal 
     Regulations (or a successor regulation)), and the internet 
     (to the extent available to the facility) and inform each 
     such resident (or a representative of such resident) of such 
     access and any changes in policies or procedures of such 
     facility relating to limitations on external visitors.''.
       (b) COVID-19 Provisions.--
       (1) Guidance.--Not later than 15 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Service shall issue guidance on steps skilled nursing 
     facilities may take to ensure residents have access to 
     televisitation during the emergency period defined in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B)). Such guidance shall include information on how 
     such facilities will notify residents of such facilities, 
     representatives of such residents, and relatives of such 
     residents of the rights of such residents to such 
     televisitation, and ensure timely and equitable access to 
     such televisitation.
       (2) Review of facilities.--The Secretary of Health and 
     Human Services shall take such steps as determined 
     appropriate by the Secretary to ensure that residents of 
     skilled nursing facilities and relatives of such residents 
     are made aware of the access rights described in section 
     1819(c)(3)(F) of the Social Security Act (42 U.S.C. 1395i-
     3(c)(3)(F)).

     SEC. 203. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT 
                   SYSTEM OUTLIER PAYMENTS FOR COVID-19 PATIENTS 
                   DURING CERTAIN EMERGENCY PERIOD.

       (a) In General.--Section 1886(d)(5)(A) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amended--
       (1) in clause (ii), by striking ``For cases'' and inserting 
     ``Subject to clause (vii), for cases'';
       (2) in clause (iii), by striking ``The amount'' and 
     inserting ``Subject to clause (vii), the amount'';
       (3) in clause (iv), by striking ``The total amount'' and 
     inserting ``Subject to clause (vii), the total amount''; and
       (4) by adding at the end the following new clause:
       ``(vii) For discharges that have a primary or secondary 
     diagnosis of COVID-19 and that occur during the period 
     beginning on the date of the enactment of this clause and 
     ending on the sooner of January 31, 2021, or the last day of 
     the emergency period described in section 1135(g)(1)(B), the 
     amount of any additional payment under clause (ii) for a 
     subsection (d) hospital for such a discharge shall be 
     determined as if--
       ``(I) clause (ii) was amended by striking `plus a fixed 
     dollar amount determined by the Secretary';
       ``(II) the reference in clause (iii) to `approximate the 
     marginal cost of care beyond the cutoff point applicable 
     under clause (i) or (ii)' were a reference to `approximate 
     the marginal cost of care beyond the cutoff point applicable 
     under clause (i), or, in the case of an additional payment 
     requested under clause (ii), be equal to 100 percent of the 
     amount by which the costs of the discharge for which such 
     additional payment is so requested exceed the applicable DRG 
     prospective payment rate'; and
       ``(III) clause (iv) does not apply.''.
       (b) Exclusion From Reduction in Average Standardized 
     Amounts Payable to Hospitals Located in Certain Areas.--
     Section 1886(d)(3)(B) of the Social Security Act (42 U.S.C. 
     1395ww(d)(3)(B)) is amended by inserting before the period 
     the following: ``, other than additional payments described 
     in clause (vii) of such paragraph''.
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 204. COVERAGE OF TREATMENTS FOR COVID-19 AT NO COST 
                   SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM.

       (a) In General.--Section 1852(a)(1)(B) of the Social 
     Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended by 
     adding at the end the following new clause:
       ``(vii) Special coverage rules for specified covid-19 
     treatment services.--Notwithstanding clause (i), in the case 
     of a specified COVID-19 treatment service (as defined in 
     section 201(b) of the Investing in America's Health Care 
     During the COVID-19 Pandemic Act) that is furnished during a 
     plan year occurring during any portion of the emergency 
     period defined in section 1135(g)(1)(B) beginning on or after 
     the date of the enactment of this clause, a Medicare 
     Advantage plan may not, with respect to such service, 
     impose--

       ``(I) any cost-sharing requirement (including a deductible, 
     copayment, or coinsurance requirement); and
       ``(II) in the case such service is a critical specified 
     COVID-19 treatment service (including ventilator services and 
     intensive care unit services), any prior authorization or 
     other utilization management requirement.

     A Medicare Advantage plan may not take the application of 
     this clause into account for purposes of a bid amount 
     submitted by such plan under section 1854(a)(6).''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 205. REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA-PD 
                   PLANS, WITHOUT THE IMPOSITION OF COST SHARING 
                   OR UTILIZATION MANAGEMENT REQUIREMENTS, OF 
                   DRUGS INTENDED TO TREAT COVID-19 DURING CERTAIN 
                   EMERGENCIES.

       (a) Coverage Requirement.--
       (1) In general.--Section 1860D-4(b)(3) of the Social 
     Security Act (42 U.S.C. 1395w-104(b)(3)) is amended by adding 
     at the end the following new subparagraph:
       ``(I) Required inclusion of drugs intended to treat covid-
     19.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a PDP sponsor offering a prescription drug plan shall, 
     with respect to a plan year, any portion of which occurs 
     during the period described in clause (ii), be required to--

       ``(I) include in any formulary--

       ``(aa) all covered part D drugs with a medically accepted 
     indication (as defined in section 1860D-2(e)(4)) to treat 
     COVID-19 that are marketed in the United States; and
       ``(bb) all drugs authorized under section 564 or 564A of 
     the Federal Food, Drug, and Cosmetic Act to treat COVID-19; 
     and

       ``(II) not impose any prior authorization or other 
     utilization management requirement with respect to such drugs 
     described in item (aa) or (bb) of subclause (I) (other than 
     such a requirement that limits the quantity of drugs due to 
     safety).

       ``(ii) Period described.--For purposes of clause (i), the 
     period described in this clause is the period during which 
     there exists the public health emergency declared by the 
     Secretary pursuant to section 319 of the Public Health 
     Service Act on January 31, 2020, entitled `Determination that 
     a Public Health Emergency Exists Nationwide as the Result of 
     the 2019 Novel Coronavirus' (including any renewal of such 
     declaration pursuant to such section).''.
       (b) Elimination of Cost Sharing.--
       (1) Elimination of cost-sharing for drugs intended to treat 
     covid-19 under standard and alternative prescription drug 
     coverage.--Section 1860D-2 of the Social Security Act (42 
     U.S.C. 1395w-102) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1)(A), by striking ``The coverage'' and 
     inserting ``Subject to paragraph (8), the coverage'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting after ``Subject to 
     subparagraphs (C) and (D)'' the following: ``and paragraph 
     (8)'';
       (II) in subparagraph (C)(i), by striking ``paragraph (4)'' 
     and inserting ``paragraphs (4) and (8)''; and
       (III) in subparagraph (D)(i), by striking ``paragraph (4)'' 
     and inserting ``paragraphs (4) and (8)'';

       (iii) in paragraph (4)(A)(i), by striking ``The coverage'' 
     and inserting ``Subject to paragraph (8), the coverage''; and
       (iv) by adding at the end the following new paragraph:
       ``(8) Elimination of cost-sharing for drugs intended to 
     treat covid-19.--The coverage does not impose any deductible, 
     copayment, coinsurance, or other cost-sharing requirement for 
     drugs described in section 1860D-4(b)(3)(I)(i)(I) with 
     respect to a plan year, any portion of which occurs during 
     the period during which there exists the public health 
     emergency declared by the Secretary pursuant to section 319 
     of the Public Health Service Act on January 31, 2020, 
     entitled `Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus' 
     (including any renewal of such declaration pursuant to such 
     section).''; and
       (B) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4) Same elimination of cost-sharing for drugs intended 
     to treat covid-19.--The coverage is in accordance with 
     subsection (b)(8).''.
       (2) Elimination of cost-sharing for drugs intended to treat 
     covid-19 dispensed to individuals who are subsidy eligible 
     individuals.--Section 1860D-14(a) of the Social Security Act 
     (42 U.S.C. 1395w-114(a)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (D)--

       (I) in clause (ii), by striking ``In the case of'' and 
     inserting ``Subject to subparagraph (F), in the case of''; 
     and
       (II) in clause (iii), by striking ``In the case of'' and 
     inserting ``Subject to subparagraph (F), in the case of''; 
     and

       (ii) by adding at the end the following new subparagraph:

[[Page H5319]]

       ``(F) Elimination of cost-sharing for drugs intended to 
     treat covid-19.--Coverage that is in accordance with section 
     1860D-2(b)(8).''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``A reduction'' and 
     inserting ``Subject to subparagraph (F), a reduction'';
       (ii) in subparagraph (D), by striking ``The substitution'' 
     and inserting ``Subject to subparagraph (F), the 
     substitution'';
       (iii) in subparagraph (E), by inserting after ``Subject 
     to'' the following: ``subparagraph (F) and''; and
       (iv) by adding at the end the following new subparagraph:
       ``(F) Elimination of cost-sharing for drugs intended to 
     treat covid-19.--Coverage that is in accordance with section 
     1860D-2(b)(8).''.
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 206. MEDICARE SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS 
                   RESIDING IN COVID-19 EMERGENCY AREAS.

       (a) In General.--Section 1837(i) of the Social Security Act 
     (42 U.S.C. 1395p(i)) is amended by adding at the end the 
     following new paragraph:
       ``(5)(A) In the case of an individual who--
       ``(i) is eligible under section 1836 to enroll in the 
     medical insurance program established by this part,
       ``(ii) did not enroll (or elected not to be deemed 
     enrolled) under this section during an enrollment period, and
       ``(iii) during the emergency period (as described in 
     section 1135(g)(1)(B)), resided in an emergency area (as 
     described in such section),
     there shall be a special enrollment period described in 
     subparagraph (B).
       ``(B) The special enrollment period referred to in 
     subparagraph (A) is the period that begins not later than 
     December 1, 2020, and ends on the last day of the month in 
     which the emergency period (as described in section 
     1135(g)(1)(B)) ends.''.
       (b) Coverage Period for Individuals Transitioning From 
     Other Coverage.--Section 1838(e) of the Social Security Act 
     (42 U.S.C. 1395q(e)) is amended--
       (1) by striking ``pursuant to section 1837(i)(3) or 
     1837(i)(4)(B)--'' and inserting the following: ``pursuant 
     to--
       ``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and moving the 
     indentation of each such subparagraph 2 ems to the right;
       (3) by striking the period at the end of the subparagraph 
     (B), as so redesignated, and inserting ``; or''; and
       (4) by adding at the end the following new paragraph:
       ``(2) section 1837(i)(5), the coverage period shall begin 
     on the first day of the month following the month in which 
     the individual so enrolls.''.
       (c) Funding.--The Secretary of Health and Human Services 
     shall provide for the transfer from the Federal Hospital 
     Insurance Trust Fund (as described in section 1817 of the 
     Social Security Act (42 U.S.C. 1395i)) and the Federal 
     Supplementary Medical Insurance Trust Fund (as described in 
     section 1841 of such Act (42 U.S.C. 1395t)), in such 
     proportions as determined appropriate by the Secretary, to 
     the Social Security Administration, of $30,000,000, to remain 
     available until expended, for purposes of carrying out the 
     amendments made by this section.
       (d) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 207. COVID-19 SKILLED NURSING FACILITY PAYMENT INCENTIVE 
                   PROGRAM.

       (a) In General.--Section 1819 of the Social Security Act 
     (42 U.S.C. 1395i-3) is amended by adding at the end the 
     following new subsection:
       ``(k) COVID-19 Designation Program.--
       ``(1) In general.--Not later than 2 weeks after the date of 
     the enactment of this subsection, the Secretary shall 
     establish a program under which a skilled nursing facility 
     that makes an election described in paragraph (2)(A) and 
     meets the requirements described in paragraph (2)(B) is 
     designated (or a portion of such facility is so designated) 
     as a COVID-19 treatment center and receives incentive 
     payments under section 1888(e)(13).
       ``(2) Designation.--
       ``(A) In general.--A skilled nursing facility may elect to 
     be designated (or to have a portion of such facility 
     designated) as a COVID-19 treatment center under the program 
     established under paragraph (1) if the facility submits to 
     the Secretary, at a time and in a manner specified by the 
     Secretary, an application for such designation that contains 
     such information as required by the Secretary and 
     demonstrates that such facility meets the requirements 
     described in subparagraph (B).
       ``(B) Requirements.--The requirements described in this 
     subparagraph with respect to a skilled nursing facility are 
     the following:
       ``(i) The facility has a star rating with respect to 
     staffing of 4 or 5 on the Nursing Home Compare website (as 
     described in subsection (i)) and has maintained such a rating 
     on such website during the 2-year period ending on the date 
     of the submission of the application described in 
     subparagraph (A).
       ``(ii) The facility has a star rating of 4 or 5 with 
     respect to health inspections on such website and has 
     maintained such a rating on such website during such period.
       ``(iii) During such period, the Secretary or a State has 
     not found a deficiency with such facility relating to 
     infection control that the Secretary or State determined 
     immediately jeopardized the health or safety of the residents 
     of such facility (as described in paragraph (1) or (2)(A) of 
     subsection (h), as applicable).
       ``(iv) The facility provides care at such facility (or, in 
     the case of an election made with respect to a portion of 
     such facility, to provide care in such portion of such 
     facility) only to eligible individuals.
       ``(v) The facility arranges for and transfers all residents 
     of such facility (or such portion of such facility, as 
     applicable) who are not eligible individuals to other skilled 
     nursing facilities (or other portions of such facility, as 
     applicable).
       ``(vi) The facility complies with the notice requirement 
     described in paragraph (4).
       ``(vii) The facility meets the reporting requirement 
     described in paragraph (5).
       ``(viii) Any other requirement determined appropriate by 
     the Secretary.
       ``(3) Duration of designation.--
       ``(A) In general.--A designation of a skilled nursing 
     facility (or portion of such facility) as a COVID-19 
     treatment center shall begin on a date specified by the 
     Secretary and end upon the earliest of the following:
       ``(i) The revocation of such designation under subparagraph 
     (B).
       ``(ii) The submission of a notification by such facility to 
     the Secretary that such facility elects to terminate such 
     designation.
       ``(iii) The termination of the program (as specified in 
     paragraph (6)).
       ``(B) Revocation.--The Secretary may revoke the designation 
     of a skilled nursing facility (or portion of such facility) 
     as a COVID-19 treatment center if the Secretary determines 
     that the facility is no longer in compliance with a 
     requirement described in paragraph (2)(B).
       ``(4) Resident notice requirement.--For purposes of 
     paragraph (2)(B)(vi), the notice requirement described in 
     this paragraph is that, not later than 72 hours before the 
     date specified by the Secretary under paragraph (3)(A) with 
     respect to the designation of a skilled nursing facility (or 
     portion of such facility) as a COVID-19 treatment center, the 
     facility provides a notification to each resident of such 
     facility (and to appropriate representatives or family 
     members of each such resident, as specified by the Secretary) 
     that contains the following:
       ``(A) Notice of such designation.
       ``(B) In the case such resident is not an eligible 
     individual (and, in the case such designation is made only 
     with respect to a portion of such facility, resides in such 
     portion of such facility)--
       ``(i) a specification of when and where such resident will 
     be transferred (or moved within such facility);
       ``(ii) an explanation that, in lieu of such transfer or 
     move, such resident may arrange for transfer to such other 
     setting (including a home) selected by the resident; and
       ``(iii) if such resident so arranges to be transferred to a 
     home, information on Internet resources for caregivers who 
     elect to care for such resident at home.
       ``(C) Contact information for the State long-term care 
     ombudsman (established under section 307(a)(12) of the Older 
     Americans Act of 1965) for the applicable State.
       ``(5) Reporting requirement.--
       ``(A) In general.--For purposes of paragraph (2)(B)(vii), 
     the reporting requirement described in this paragraph is, 
     with respect to a skilled nursing facility, that the facility 
     reports to the Secretary, weekly and in such manner specified 
     by the Secretary, the following (but only to the extent the 
     information described in clauses (i) through (vii) is not 
     otherwise reported to the Secretary weekly):
       ``(i) The number of COVID-19 related deaths at such 
     facility.
       ``(ii) The number of discharges from such facility.
       ``(iii) The number of admissions to such facility.
       ``(iv) The number of beds occupied and the number of beds 
     available at such facility.
       ``(v) The number of residents on a ventilator at such 
     facility.
       ``(vi) The number of clinical and nonclinical staff 
     providing direct patient care at such facility.
       ``(vii) Such other information determined appropriate by 
     the Secretary.
       ``(B) Nonapplication of paperwork reduction act.--Chapter 
     35 of title 44, United States Code (commonly known as the 
     `Paperwork Reduction Act'), shall not apply to the collection 
     of information under this paragraph.
       ``(6) Definition.--For purposes of this subsection, the 
     term `eligible individual' means an individual who, during 
     the 30-day period ending on the first day on which such 
     individual is a resident of a COVID-19 treatment center (on 
     or after the date such center is so designated), was 
     furnished a test for COVID-19 that came back positive.
       ``(7) Termination.--The program established under paragraph 
     (1) shall terminate upon the termination of the emergency 
     period described in section 1135(g)(1)(B).
       ``(8) Prohibition on administrative and judicial review.--
     There shall be no administrative or judicial review under 
     section 1869, 1878, or otherwise of a designation of a 
     skilled nursing facility (or portion of such facility) as a 
     COVID-19 treatment center, or revocation of such a 
     designation, under this subsection.''.
       (b) Payment Incentive.--Section 1888(e) of the Social 
     Security Act (42 U.S.C. 1395yy(e)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``and (12)'' and inserting ``(12), and 
     (13)''; and
       (2) by adding at the end the following new paragraph:
       ``(13) Adjustment for covid-19 treatment centers.--In the 
     case of a resident of a skilled

[[Page H5320]]

     nursing facility that has been designated as a COVID-19 
     treatment center under section 1819(k) (or in the case of a 
     resident who resides in a portion of such facility that has 
     been so designated), if such resident is an eligible 
     individual (as defined in paragraph (5) of such section), the 
     per diem amount of payment for such resident otherwise 
     applicable shall be increased by 20 percent to reflect 
     increased costs associated with such residents.''.

     SEC. 208. FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND 
                   EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES 
                   AND NURSING FACILITIES.

       (a) In General.--Of the amounts made available under 
     subsection (c), the Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     allocate such amounts among the States, in a manner that 
     takes into account the percentage of skilled nursing 
     facilities and nursing facilities in each State that have 
     residents or employees who have been diagnosed with COVID-19, 
     for purposes of establishing and implementing strike teams in 
     accordance with subsection (b).
       (b) Use of Funds.--A State that receives funds under this 
     section shall use such funds to establish and implement a 
     strike team that will be deployed to a skilled nursing 
     facility or nursing facility in the State with diagnosed or 
     suspected cases of COVID-19 among residents or staff for the 
     purposes of assisting with clinical care, infection control, 
     or staffing.
       (c) Authorization of Appropriations.--For purposes of 
     carrying out this section, there is authorized to be 
     appropriated $500,000,000.
       (d) Definitions.--In this section:
       (1) Nursing facility.--The term ``nursing facility'' has 
     the meaning given such term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (2) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given such term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).

     SEC. 209. PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED 
                   NURSING FACILITIES THROUGH CONTRACTS WITH 
                   QUALITY IMPROVEMENT ORGANIZATIONS.

       (a) In General.--Section 1862(g) of the Social Security Act 
     (42 U.S.C. 1395y(g)) is amended--
       (1) by striking ``The Secretary'' and inserting ``(1) The 
     Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall ensure that at least 1 
     contract with a quality improvement organization described in 
     paragraph (1) entered into on or after the date of the 
     enactment of this paragraph and before the end of the 
     emergency period described in section 1135(g)(1)(B) (or in 
     effect as of such date) includes the requirement that such 
     organization provide to skilled nursing facilities with cases 
     of COVID-19 (or facilities attempting to prevent outbreaks of 
     COVID-19) infection control support described in subparagraph 
     (B) during such period.
       ``(B) For purposes of subparagraph (A), the infection 
     control support described in this subparagraph is, with 
     respect to skilled nursing facilities described in such 
     subparagraph, the development and dissemination to such 
     facilities of protocols relating to the prevention or 
     mitigation of COVID-19 at such facilities and the provision 
     of training materials to such facilities relating to such 
     prevention or mitigation.''.
       (b) Funding.--The Secretary of Health and Human Services 
     shall provide for the transfer from the Federal Supplementary 
     Medical Insurance Trust Fund (as described in section 1841 of 
     the Social Security Act (42 U.S.C. 1395t)) and the Federal 
     Hospital Insurance Trust Fund (as described in section 1817 
     of such Act (42 U.S.C. 1395i)), in such proportions as 
     determined appropriate by the Secretary, to the Centers for 
     Medicare & Medicaid Services Program Management Account, of 
     $210,000,000, to remain available until expended, for 
     purposes of entering into contracts with quality improvement 
     organizations under part B of title XI of such Act (42 U.S.C. 
     1320c et seq.). Of the amount transferred pursuant to the 
     previous sentence, not less that $110,000,000 shall be used 
     for purposes of entering into such a contract that includes 
     the requirement described in section 1862(g)(2)(A) of such 
     Act (as added by subsection (a)).

     SEC. 210. REQUIRING LONG TERM CARE FACILITIES TO REPORT 
                   CERTAIN INFORMATION RELATING TO COVID-19 CASES 
                   AND DEATHS.

       (a) In General.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall, as 
     soon as practicable, require that the information described 
     in paragraph (1) of section 483.80(g) of title 42, Code of 
     Federal Regulations, or a successor regulation, be reported 
     by a facility (as defined for purposes of such section).
       (b) Demographic Information.--The Secretary shall post the 
     following information with respect to skilled nursing 
     facilities (as defined in section 1819(a) of the Social 
     Security Act (42 U.S.C. 1395i-3(a))) and nursing facilities 
     (as defined in section 1919(a) of such Act (42 U.S.C. 
     1396r(a))) on the Nursing Home Compare website (as described 
     in section 1819(i) of the Social Security Act (42 U.S.C. 
     1395i-3(i))), or a successor website, aggregated by State:
       (1) The age, race/ethnicity, and preferred language of the 
     residents of such skilled nursing facilities and nursing 
     facilities with suspected or confirmed COVID-19 infections, 
     including residents previously treated for COVID-19.
       (2) The age, race/ethnicity, and preferred language 
     relating to total deaths and COVID-19 deaths among residents 
     of such skilled nursing facilities and nursing facilities.
       (c) Confidentiality.--Any information reported under this 
     section that is made available to the public shall be made so 
     available in a manner that protects the identity of residents 
     of skilled nursing facilities and nursing facilities.
       (d) Implementation.--The Secretary may implement the 
     provisions of this section be program instruction or 
     otherwise.

     SEC. 211. FLOOR ON THE MEDICARE AREA WAGE INDEX FOR HOSPITALS 
                   IN ALL-URBAN STATES.

       (a) In General.--Section 1886(d)(3)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended--
       (1) in clause (i), in the first sentence, by striking ``or 
     (iii)'' and inserting ``, (iii), or (iv)''; and
       (2) by adding at the end the following new clause:
       ``(iv) Floor on area wage index for hospitals in all-urban 
     states.--

       ``(I) In general.--For discharges occurring on or after 
     October 1, 2021, the area wage index applicable under this 
     subparagraph to any hospital in an all-urban State (as 
     defined in subclause (IV)) may not be less than the minimum 
     area wage index for the fiscal year for hospitals in that 
     State, as established under subclause (II).
       ``(II) Minimum area wage index.--For purposes of subclause 
     (I), the Secretary shall establish a minimum area wage index 
     for a fiscal year for hospitals in each all-urban State using 
     the methodology described in section 412.64(h)(4) of title 
     42, Code of Federal Regulations, as in effect for fiscal year 
     2018.
       ``(III) Waiving budget neutrality.--Pursuant to the fifth 
     sentence of clause (i), this subsection shall not be applied 
     in a budget neutral manner.
       ``(IV) All-urban state defined.--In this clause, the term 
     `all-urban State' means a State in which there are no rural 
     areas (as defined in paragraph (2)(D)) or a State in which 
     there are no hospitals classified as rural under this 
     section.''.

       (b) Waiving Budget Neutrality.--
       (1) Technical amendatory correction.--Section 10324(a)(2) 
     of Public Law 111-148 is amended by striking ``third 
     sentence'' and inserting ``fifth sentence''.
       (2) Waiver.--Section 1886(d)(3)(E)(i) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) is amended, in 
     the fifth sentence--
       (A) by striking ``and the amendments'' and inserting ``, 
     the amendments''; and
       (B) by inserting ``, and the amendments made by section 211 
     of the Investing in America's Health Care During the COVID-19 
     Pandemic Act'' after ``Care Act''.

     SEC. 212. RELIEF FOR SMALL RURAL HOSPITALS FROM INACCURATE 
                   INSTRUCTIONS PROVIDED BY CERTAIN MEDICARE 
                   ADMINISTRATIVE CONTRACTORS.

       Section 1886(d)(5) of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)) is amended by adding at the end the following 
     new subparagraph:
       ``(N)(i) Subject to clause (ii), in the case of a sole 
     community hospital or a medicare-dependent, small rural 
     hospital with respect to which a medicare administrative 
     contractor initially determined and paid a volume decrease 
     adjustment under subparagraph (D)(ii) or (G)(iii) for a 
     specified cost reporting period, at the election of the 
     hospital, the Secretary of Health and Human Services shall 
     replace the volume decrease adjustment subsequently 
     determined for that specified cost reporting period by the 
     medicare administrative contractor with the volume decrease 
     adjustment initially determined and paid by the medicare 
     administrative contractor for that specified cost reporting 
     period.
       ``(ii)(I) Clause (i) shall not apply in the case of a sole 
     community hospital or a medicare-dependent, small rural 
     hospital for which the medicare administrative contractor 
     determination of the volume decrease adjustment with respect 
     to a specified cost reporting period of the hospital is 
     administratively final before the date that is three years 
     before the date of the enactment of this section.
       ``(II) For purposes of subclause (I), the date on which the 
     medicare administrative contractor determination with respect 
     to a volume decrease adjustment for a specified cost 
     reporting period is administratively final is the latest of 
     the following:
       ``(aa) The date of the contractor determination (as defined 
     in section 405.1801 of title 42, Code of Federal 
     Regulations).
       ``(bb) The date of the final outcome of any reopening of 
     the medicare administrative contractor determination under 
     section 405.1885 of title 42, Code of Federal Regulations.
       ``(cc) The date of the final outcome of the final appeal 
     filed by such hospital with respect to such volume decrease 
     adjustment for such specified cost reporting period.
       ``(iii) For purposes of this subparagraph, the term 
     `specified cost reporting period' means a cost reporting 
     period of a sole community hospital or a medicare-dependent, 
     small rural hospital, as the case may be, that begins during 
     a fiscal year before fiscal year 2018.''.

     SEC. 213. DEEMING CERTAIN HOSPITALS TO BE LOCATED IN AN URBAN 
                   AREA FOR PURPOSES OF PAYMENT FOR INPATIENT 
                   HOSPITAL SERVICES UNDER THE MEDICARE PROGRAM.

       Section 1886(d)(10) of the Social Security Act (42 U.S.C. 
     1395ww(d)(10)) is amended by adding at the end the following 
     new subparagraph:
       ``(G)(i) For purposes of payment under this subsection for 
     discharges occurring during the 3-year period beginning on 
     October 1, 2020, each hospital located in Albany, Saratoga, 
     Schenectady, Montgomery, or Rensselaer County of New York 
     shall be deemed to be located in the urban area of Hartford-
     East Hartford-Middletown, Connecticut (CBSA 25540), 
     notwithstanding any other reclassification or redesignation 
     that otherwise would have applied for purposes of the wage 
     index under this paragraph or subparagraphs (B) or (E) of 
     paragraph (8).
       ``(ii) Any deemed location of a hospital pursuant to clause 
     (i) shall be treated as a decision of

[[Page H5321]]

     the Medicare Geographic Classification Review Board for 
     purposes of paragraph (8)(D).''.

     SEC. 214. EFFECTIVE DATE OF MEDICARE COVERAGE OF COVID-19 
                   VACCINES WITHOUT ANY COST-SHARING.

       Effective as if included in the enactment of the CARES Act 
     (Public Law 116-136; 42 U.S.C. 13951 note), section 3713(d) 
     of such Act is amended by inserting before the period at the 
     end the following: ``or authorized for emergency use under 
     section 564 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 360bbb-3)''.

                TITLE III--PRIVATE INSURANCE PROVISIONS

     SEC. 301. SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES.

       (a) Special Enrollment Period Through Exchanges.--Section 
     1311(c) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18031(c)) is amended--
       (1) in paragraph (6)--
       (A) in subparagraph (C), by striking at the end ``and'';
       (B) in subparagraph (D), by striking at the end the period 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) subject to subparagraph (B) of paragraph (8), the 
     special enrollment period described in subparagraph (A) of 
     such paragraph.''; and
       (2) by adding at the end the following new paragraph:
       ``(8) Special enrollment period for certain public health 
     emergency.--
       ``(A) In general.--The Secretary shall, subject to 
     subparagraph (B), require an Exchange to provide--
       ``(i) for a special enrollment period during the emergency 
     period described in section 1135(g)(1)(B) of the Social 
     Security Act--

       ``(I) which shall begin on the date that is one week after 
     the date of the enactment of this paragraph and which, in the 
     case of an Exchange established or operated by the Secretary 
     within a State pursuant to section 1321(c), shall be an 8-
     week period; and
       ``(II) during which any individual who is otherwise 
     eligible to enroll in a qualified health plan through the 
     Exchange may enroll in such a qualified health plan; and

       ``(ii) that, in the case of an individual who enrolls in a 
     qualified health plan through the Exchange during such 
     enrollment period, the coverage period under such plan shall 
     begin on the first day of the month following the day the 
     individual selects a plan through such special enrollment 
     period.
       ``(B) Exception.--The requirement of subparagraph (A) shall 
     not apply to a State-operated or State-established Exchange 
     if such Exchange, prior to the date of the enactment of this 
     paragraph, established or otherwise provided for a special 
     enrollment period to address access to coverage under 
     qualified health plans offered through such Exchange during 
     the emergency period described in section 1135(g)(1)(B) of 
     the Social Security Act.''.
       (b) Implementation.--The Secretary of Health and Human 
     Services may implement the provisions of (including 
     amendments made by) this section through subregulatory 
     guidance, program instruction, or otherwise.

     SEC. 302. EXPEDITED MEETING OF ACIP FOR COVID-19 VACCINES.

       (a) In General.--Notwithstanding section 3091 of the 21st 
     Century Cures Act (21 U.S.C. 360bbb-4 note), the Advisory 
     Committee on Immunization Practices shall meet and issue a 
     recommendation with respect to a vaccine that is intended to 
     prevent or treat COVID-19 not later than 15 business days 
     after the date on which such vaccine is licensed under 
     section 351 of the Public Health Service Act (42 U.S.C. 262).
       (b) Definition.--In this section, the term ``Advisory 
     Committee on Immunization Practices'' means the Advisory 
     Committee on Immunization Practices established by the 
     Secretary of Health and Human Services pursuant to section 
     222 of the Public Health Service Act (42 U.S.C. 217a), acting 
     through the Director of the Centers for Disease Control and 
     Prevention.

     SEC. 303. COVERAGE OF COVID-19 RELATED TREATMENT AT NO COST 
                   SHARING.

       (a) In General.--A group health plan and a health insurance 
     issuer offering group or individual health insurance coverage 
     (including a grandfathered health plan (as defined in section 
     1251(e) of the Patient Protection and Affordable Care Act)) 
     shall provide coverage, and shall not impose any cost sharing 
     (including deductibles, copayments, and coinsurance) 
     requirements, for the following items and services furnished 
     during any portion of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of 
     the enactment of this Act:
       (1) Medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who has 
     been diagnosed with (or after provision of the items and 
     services is diagnosed with) COVID-19 to treat or mitigate the 
     effects of COVID-19.
       (2) Medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who is 
     presumed to have COVID-19 but is never diagnosed as such, if 
     the following conditions are met:
       (A) Such items and services are furnished to the individual 
     to treat or mitigate the effects of COVID-19 or to mitigate 
     the impact of COVID-19 on society.
       (B) Health care providers have taken appropriate steps 
     under the circumstances to make a diagnosis, or confirm 
     whether a diagnosis was made, with respect to such 
     individual, for COVID-19, if possible.
       (b) Items and Services Related to COVID-19.--For purposes 
     of this section--
       (1) not later than one week after the date of the enactment 
     of this section, the Secretary of Health and Human Services, 
     Secretary of Labor, and Secretary of the Treasury shall 
     jointly issue guidance specifying applicable diagnoses and 
     medically necessary items and services related to COVID-19; 
     and
       (2) such items and services shall include all items or 
     services that are relevant to the treatment or mitigation of 
     COVID-19, regardless of whether such items or services are 
     ordinarily covered under the terms of a group health plan or 
     group or individual health insurance coverage offered by a 
     health insurance issuer.
       (c) Enforcement.--
       (1) Application with respect to phsa, erisa, and irc.--The 
     provisions of this section shall be applied by the Secretary 
     of Health and Human Services, Secretary of Labor, and 
     Secretary of the Treasury to group health plans and health 
     insurance issuers offering group or individual health 
     insurance coverage as if included in the provisions of part A 
     of title XXVII of the Public Health Service Act, part 7 of 
     the Employee Retirement Income Security Act of 1974, and 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986, as applicable.
       (2) Private right of action.--An individual with respect to 
     whom an action is taken by a group health plan or health 
     insurance issuer offering group or individual health 
     insurance coverage in violation of subsection (a) may 
     commence a civil action against the plan or issuer for 
     appropriate relief. The previous sentence shall not be 
     construed as limiting any enforcement mechanism otherwise 
     applicable pursuant to paragraph (1).
       (d) Implementation.--The Secretary of Health and Human 
     Services, Secretary of Labor, and Secretary of the Treasury 
     may implement the provisions of this section through sub-
     regulatory guidance, program instruction or otherwise.
       (e) Terms.--The terms ``group health plan''; ``health 
     insurance issuer''; ``group health insurance coverage'', and 
     ``individual health insurance coverage'' have the meanings 
     given such terms in section 2791 of the Public Health Service 
     Act (42 U.S.C. 300gg-91), section 733 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and 
     section 9832 of the Internal Revenue Code of 1986, as 
     applicable.

     SEC. 304. REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS 
                   DURING EMERGENCIES.

       (a) ERISA.--
       (1) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL 
                   NOTIFICATIONS DURING EMERGENCIES.

       ``(a) In General.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, that provides benefits 
     for prescription drugs under such plan or such coverage shall 
     provide to each participant or beneficiary under such plan or 
     such coverage who resides in an emergency area during an 
     emergency period--
       ``(1) not later than 5 business days after the date of the 
     beginning of such period with respect to such area (or, the 
     case of the emergency period described in section 304(d)(2) 
     of the Investing in America's Health Care During the COVID-19 
     Pandemic Act, not later than 5 business days after the date 
     of the enactment of this section), a notification (written in 
     a manner that is clear and understandable to the average 
     participant or beneficiary)--
       ``(A) of whether such plan or coverage will waive, during 
     such period with respect to such a participant or 
     beneficiary, any time restrictions under such plan or 
     coverage on any authorized refills for such drugs to enable 
     such refills in advance of when such refills would otherwise 
     have been permitted under such plan or coverage; and
       ``(B) in the case that such plan or coverage will waive 
     such restrictions during such period with respect to such a 
     participant or beneficiary, that contains information on how 
     such a participant or beneficiary may obtain such a refill; 
     and
       ``(2) in the case such plan or coverage elects to so waive 
     such restrictions during such period with respect to such a 
     participant or beneficiary after the notification described 
     in paragraph (1) has been provided with respect to such 
     period, not later than 5 business days after such election, a 
     notification of such election that contains the information 
     described in subparagraph (B) of such paragraph.
       ``(b) Emergency Area; Emergency Period.--For purposes of 
     this section, an `emergency area' is a geographical area in 
     which, and an `emergency period' is the period during which, 
     there exists--
       ``(1) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(2) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act.''.
       (2) Clerical amendment.--The table of contents of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     inserting after the item relating to section 714 the 
     following:

``Sec. 715. Additional market reforms.
``Sec. 716. Provision of prescription drug refill notifications during 
              emergencies.''.
       (b) PHSA.--Subpart II of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is 
     amended by adding at the end the following new section:

[[Page H5322]]

  


     ``SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL 
                   NOTIFICATIONS DURING EMERGENCIES.

       ``(a) In General.--A group health plan, and a health 
     insurance issuer offering group or individual health 
     insurance coverage, that provides benefits for prescription 
     drugs under such plan or such coverage shall provide to each 
     participant, beneficiary, or enrollee enrolled under such 
     plan or such coverage who resides in an emergency area during 
     an emergency period--
       ``(1) not later than 5 business days after the date of the 
     beginning of such period with respect to such area (or, the 
     case of the emergency period described in section 304(d)(2) 
     of the Investing in America's Health Care During the COVID-19 
     Pandemic Act, not later than 5 business days after the date 
     of the enactment of this section), a notification (written in 
     a manner that is clear and understandable to the average 
     participant, beneficiary, or enrollee)--
       ``(A) of whether such plan or coverage will waive, during 
     such period with respect to such a participant, beneficiary, 
     or enrollee, any time restrictions under such plan or 
     coverage on any authorized refills for such drugs to enable 
     such refills in advance of when such refills would otherwise 
     have been permitted under such plan or coverage; and
       ``(B) in the case that such plan or coverage will waive 
     such restrictions during such period with respect to such a 
     participant, beneficiary, or enrollee, that contains 
     information on how such a participant, beneficiary, or 
     enrollee may obtain such a refill; and
       ``(2) in the case such plan or coverage elects to so waive 
     such restrictions during such period with respect to such a 
     participant, beneficiary, or enrollee after the notification 
     described in paragraph (1) has been provided with respect to 
     such period, not later than 5 business days after such 
     election, a notification of such election that contains the 
     information described in subparagraph (B) of such paragraph.
       ``(b) Emergency Area; Emergency Period.--For purposes of 
     this section, an `emergency area' is a geographical area in 
     which, and an `emergency period' is the period during which, 
     there exists--
       ``(1) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(2) a public health emergency declared by the Secretary 
     pursuant to section 319.''.
       (c) IRC.--
       (1) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new section:

     ``SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL 
                   NOTIFICATIONS DURING EMERGENCIES.

       ``(a) In General.--A group health plan that provides 
     benefits for prescription drugs under such plan shall provide 
     to each participant or beneficiary enrolled under such plan 
     who resides in an emergency area during an emergency period, 
     not later than 5 business days after the date of the 
     beginning of such period with respect to such area (or, the 
     case of the emergency period described in section 304(d)(2) 
     of the Investing in America's Health Care During the COVID-19 
     Pandemic Act, not later than 5 business days after the date 
     of the enactment of this section)--
       ``(1) a notification (written in a manner that is clear and 
     understandable to the average participant or beneficiary)--
       ``(A) of whether such plan will waive, during such period 
     with respect to such a participant or beneficiary, any time 
     restrictions under such plan on any authorized refills for 
     such drugs to enable such refills in advance of when such 
     refills would otherwise have been permitted under such plan; 
     and
       ``(B) in the case that such plan will waive such 
     restrictions during such period with respect to such a 
     participant or beneficiary, that contains information on how 
     such a participant or beneficiary may obtain such a refill; 
     and
       ``(2) in the case such plan elects to so waive such 
     restrictions during such period with respect to such a 
     participant or beneficiary after the notification described 
     in paragraph (1) has been provided with respect to such 
     period, not later than 5 business days after such election, a 
     notification of such election that contains the information 
     described in subparagraph (B) of such paragraph.
       ``(b) Emergency Area; Emergency Period.--For purposes of 
     this section, an `emergency area' is a geographical area in 
     which, and an `emergency period' is the period during which, 
     there exists--
       ``(1) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(2) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act.''.
       (2) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 9816. Provision of prescription drug refill notifications during 
              emergencies.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to--
       (1) emergency periods beginning on or after the date of the 
     enactment of this Act; and
       (2) the emergency period relating to the public health 
     emergency declared by the Secretary of Health and Human 
     Services pursuant to section 319 of the Public Health Service 
     Act on January 31, 2020, entitled ``Determination that a 
     Public Health Emergency Exists Nationwide as the Result of 
     the 2019 Novel Coronavirus''.

     SEC. 305. IMPROVEMENT OF CERTAIN NOTIFICATIONS PROVIDED TO 
                   QUALIFIED BENEFICIARIES BY GROUP HEALTH PLANS 
                   IN THE CASE OF QUALIFYING EVENTS.

       (a) Employee Retirement Income Security Act of 1974.--
       (1) In general.--Section 606 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1166) is amended--
       (A) in subsection (a)(4), in the matter following 
     subparagraph (B), by striking ``under this subsection'' and 
     inserting ``under this part in accordance with the 
     notification requirements under subsection (c)''; and
       (B) in subsection (c)--
       (i) by striking ``For purposes of subsection (a)(4), any 
     notification'' and inserting ``For purposes of subsection 
     (a)(4)--
       ``(1) any notification'';
       (ii) by striking ``, whichever is applicable, and any such 
     notification'' and inserting ``of subsection (a), whichever 
     is applicable;
       ``(2) any such notification''; and
       (iii) by striking ``such notification is made'' and 
     inserting ``such notification is made; and
       ``(3) any such notification shall, with respect to each 
     qualified beneficiary with respect to whom such notification 
     is made, include information regarding any Exchange 
     established under title I of the Patient Protection and 
     Affordable Care Act through which such a qualified 
     beneficiary may be eligible to enroll in a qualified health 
     plan (as defined in section 1301 of the Patient Protection 
     and Affordable Care Act), including--
       ``(A) the publicly accessible Internet website address for 
     such Exchange;
       ``(B) the publicly accessible Internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov Internet 
     website (or a successor website);
       ``(C) a clear explanation that--
       ``(i) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such individual will not 
     be eligible to enroll in a qualified health plan offered 
     through such Exchange during a special enrollment period; and
       ``(ii) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;
       ``(D) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of the Patient Protection and 
     Affordable Care Act) and the requirements applicable to such 
     a qualified health plan under part A of title XXVII of the 
     Public Health Service Act; and
       ``(E) information on the availability of financial 
     assistance with respect to enrolling in a qualified health 
     plan, including the maximum income limit for eligibility for 
     a premium tax credit under section 36B of the Internal 
     Revenue Code of 1986.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to qualifying events occurring on or 
     after the date that is 14 days after the date of the 
     enactment of this Act.
       (b) Public Health Service Act.--
       (1) In general.--Section 2206 of the Public Health Service 
     Act (42 U.S.C. 300bb-6) is amended--
       (A) by striking ``In accordance'' and inserting the 
     following:
       ``(a) In General.--In accordance'';
       (B) by striking ``of such beneficiary's rights under this 
     subsection'' and inserting ``of such beneficiary's rights 
     under this title in accordance with the notification 
     requirements under subsection (b)''; and
       (C) by striking ``For purposes of paragraph (4),'' and all 
     that follows through ``such notification is made.'' and 
     inserting the following:
       ``(b) Rules Relating to Notification of Qualified 
     Beneficiaries by Plan Administrator.--For purposes of 
     subsection (a)(4)--
       ``(1) any notification shall be made within 14 days of the 
     date on which the plan administrator is notified under 
     paragraph (2) or (3) of subsection (a), whichever is 
     applicable;
       ``(2) any such notification to an individual who is a 
     qualified beneficiary as the spouse of the covered employee 
     shall be treated as notification to all other qualified 
     beneficiaries residing with such spouse at the time such 
     notification is made; and
       ``(3) any such notification shall, with respect to each 
     qualified beneficiary with respect to whom such notification 
     is made, include information regarding any Exchange 
     established under title I of the Patient Protection and 
     Affordable Care Act through which such a qualified 
     beneficiary may be eligible to enroll in a qualified health 
     plan (as defined in section 1301 of the Patient Protection 
     and Affordable Care Act), including--
       ``(A) the publicly accessible Internet website address for 
     such Exchange;
       ``(B) the publicly accessible Internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov Internet 
     website (or a successor website);
       ``(C) a clear explanation that--
       ``(i) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such

[[Page H5323]]

     continuation coverage and subsequently elects to terminate 
     such continuation coverage before the period of such 
     continuation coverage expires, such individual will not be 
     eligible to enroll in a qualified health plan offered through 
     such Exchange during a special enrollment period; and
       ``(ii) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;
       ``(D) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of the Patient Protection and 
     Affordable Care Act) and the requirements applicable to such 
     a qualified health plan under part A of title XXVII; and
       ``(E) information on the availability of financial 
     assistance with respect to enrolling in a qualified health 
     plan, including the maximum income limit for eligibility for 
     a premium tax credit under section 36B of the Internal 
     Revenue Code of 1986.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to qualifying events occurring on or 
     after the date that is 14 days after the date of the 
     enactment of this Act.
       (c) Internal Revenue Code of 1986.--
       (1) In general.--Section 4980B(f)(6) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in subparagraph (D)--
       (i) in clause (ii), by striking ``under subparagraph (C)'' 
     and inserting ``under clause (iii)''; and
       (ii) by redesignating clauses (i) and (ii) as subclauses 
     (I) and (II), respectively, and moving the margin of each 
     such subclause, as so redesignated, 2 ems to the right;
       (B) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and moving the margin 
     of each such clause, as so redesignated, 2 ems to the right;
       (C) by striking ``In accordance'' and inserting the 
     following:
       ``(A) In general.--In accordance'';
       (D) by inserting after ``of such beneficiary's rights under 
     this subsection'' the following: ``in accordance with the 
     notification requirements under subparagraph (C)''; and
       (E) by striking ``The requirements of subparagraph (B)'' 
     and all that follows through ``such notification is made.'' 
     and inserting the following:
       ``(B) Alternative means of compliance with requirement for 
     notification of multiemployer plans by employers.--The 
     requirements of subparagraph (A)(ii) shall be considered 
     satisfied in the case of a multiemployer plan in connection 
     with a qualifying event described in paragraph (3)(B) if the 
     plan provides that the determination of the occurrence of 
     such qualifying event will be made by the plan administrator.
       ``(C) Rules relating to notification of qualified 
     beneficiaries by plan administrator.--For purposes of 
     subparagraph (A)(iv)--
       ``(i) any notification shall be made within 14 days (or, in 
     the case of a group health plan which is a multiemployer 
     plan, such longer period of time as may be provided in the 
     terms of the plan) of the date on which the plan 
     administrator is notified under clause (ii) or (iii) of 
     subparagraph (A), whichever is applicable;
       ``(ii) any such notification to an individual who is a 
     qualified beneficiary as the spouse of the covered employee 
     shall be treated as notification to all other qualified 
     beneficiaries residing with such spouse at the time such 
     notification is made; and
       ``(iii) any such notification shall, with respect to each 
     qualified beneficiary with respect to whom such notification 
     is made, include information regarding any Exchange 
     established under title I of the Patient Protection and 
     Affordable Care Act through which such a qualified 
     beneficiary may be eligible to enroll in a qualified health 
     plan (as defined in section 1301 of the Patient Protection 
     and Affordable Care Act), including--

       ``(I) the publicly accessible Internet website address for 
     such Exchange;
       ``(II) the publicly accessible Internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov Internet 
     website (or a successor website);
       ``(III) a clear explanation that--

       ``(aa) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such individual will not 
     be eligible to enroll in a qualified health plan offered 
     through such Exchange during a special enrollment period; and
       ``(bb) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;

       ``(IV) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of the Patient Protection and 
     Affordable Care Act) and the requirements applicable to such 
     a qualified health plan under part A of title XXVII of the 
     Public Health Service Act; and
       ``(V) information on the availability of financial 
     assistance with respect to enrolling in a qualified health 
     plan, including the maximum income limit for eligibility for 
     a premium tax credit under section 36B.''.

       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to qualifying events occurring on or 
     after the date that is 14 days after the date of the 
     enactment of this Act.
       (d) Model Notices.--Not later than 14 days after the date 
     of the enactment of this Act, the Secretary of the Labor, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of Health and Human Services, shall--
       (1) update the model Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (referred to in this subsection as 
     ``COBRA'') continuation coverage general notice and the model 
     COBRA continuation coverage election notice developed by the 
     Secretary of Labor for purposes of facilitating compliance of 
     group health plans with the notification requirements under 
     section 606 of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1166) to include the information described in 
     paragraph (3) of subsection (c) of such section 606, as added 
     by subsection (a)(1);
       (2) provide an opportunity for consumer testing of each 
     such notice, as so updated, to ensure that each such notice 
     is clear and understandable to the average participant or 
     beneficiary of a group health plan; and
       (3) rename the model COBRA continuation coverage general 
     notice and the model COBRA continuation coverage election 
     notice as the ``model COBRA continuation coverage and 
     Affordable Care Act coverage general notice'' and the ``model 
     COBRA continuation coverage and Affordable Care Act coverage 
     election notice'', respectively.

     SEC. 306. SOONER COVERAGE OF TESTING FOR COVID-19.

       Section 6001(a) of division F of the Families First 
     Coronavirus Response Act (42 U.S.C. 1320b-5 note) is amended 
     by striking ``beginning on or after'' and inserting 
     ``beginning before, on, or after''.

     SEC. 307. CLARIFYING SCOPE OF COVERAGE REQUIREMENT FOR ITEMS 
                   AND SERVICES RELATING TO COVID-19.

       Section 6001 of the Families First Coronavirus Response Act 
     (Public Law 116-127) is amended--
       (1) in subsection (b), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (e)''; and
       (2) by adding at the end the following new subsection:
       ``(e) Scope of Coverage Requirement.--A group health plan 
     and a health insurance issuer offering group or individual 
     health insurance coverage (including a grandfathered health 
     plan (as defined in section 1251(e) of the Patient Protection 
     and Affordable Care Act)) shall provide coverage, without 
     cost sharing and without prior authorization or other medical 
     management requirements, in accordance with subsection (a) 
     for tests, items, and services described in such subsection 
     and furnished to an individual during the emergency period 
     defined in paragraph (1)(B) of section 1135(g) of the Social 
     Security Act (42 U.S.C. 1320b-5(g)), regardless of--
       ``(1) why such individual sought such tests, items, and 
     services;
       ``(2) the nature of the clinical assessment that was 
     associated with such tests, items, and services;
       ``(3) whether such individual was showing symptoms prior to 
     being furnished such tests, items, and services;
       ``(4) in the case of such tests, whether or not such tests 
     were ordered by a provider;
       ``(5) the frequency with which such individual is furnished 
     such tests, items, and services; and
       ``(6) any other review of the encounters or events that 
     preceded or followed the furnishing of such tests, items, and 
     services.''.

     SEC. 308. GUIDANCE ON BILLING FOR PROVIDER VISITS ASSOCIATED 
                   WITH COVID-19 TESTING.

       The Secretary of Health and Human Services, the Secretary 
     of Labor, and the Secretary of the Treasury shall jointly 
     issue guidance not later than 30 days after the date of 
     enactment of this Act for purposes of clarifying--
       (1) the process for submitting claims for tests, items, and 
     services described in section 6001(a) of the Families First 
     Coronavirus Response Act (Public Law 116-127) to ensure that 
     individuals enrolled in individual or group health insurance 
     coverage or group health plans (including grandfathered 
     health plans (as defined in section 1251(e) of the Patient 
     Protection and Affordable Care Act)) to whom such tests, 
     items, and services are furnished are not subject to cost-
     sharing (including deductibles, copayments, and coinsurance) 
     or prior authorization or other medical management 
     requirements; and
       (2) that providers should not collect cost-sharing amounts 
     from such individuals seeking such tests, items, or services.

     SEC. 309. IMPROVEMENTS TO TRANSPARENCY OF THE PRICING OF 
                   DIAGNOSTIC TESTING FOR COVID-19.

       (a) In General.--Section 3202 of the CARES Act (Public Law 
     116-136) is amended--
       (1) in subsection (b)--
       (A) in the heading, by inserting ``and Related Items and 
     Services'' after ``Diagnostic Testing for COVID-19'';
       (B) in paragraph (1)--
       (i) by striking ``a diagnostic test for COVID-19'' and 
     inserting ``a test, item, or service described in section 
     6001(a) of division F of the Families First Coronavirus 
     Response Act''; and
       (ii) by striking ``such test'' and inserting ``such test, 
     item, or service''; and
       (C) in paragraph (2), by striking ``a diagnostic test for 
     COVID-19'' and inserting ``a test, item,

[[Page H5324]]

     or service described in section 6001(a) of division F of the 
     Families First Coronavirus Response Act''; and
       (2) by adding at the end the following new subsections:
       ``(c) Improvements to Transparency Policy.--
       ``(1) In general.--Not later than 30 days after the date of 
     the enactment of this subsection, the Secretary of Health and 
     Human Services shall conduct a survey of providers of the 
     items and services described in section 6001(a) of division F 
     of the Families First Coronavirus Response Act (Public Law 
     116- 127) regarding the cash prices for such items and 
     services listed by the providers on a public internet website 
     of such provider.
       ``(2) Representative sample.--In carrying out paragraph 
     (1), the Secretary shall survey a sample of providers that is 
     representative of the diversity of sizes, geographic 
     locations, and care settings (such as hospitals, 
     laboratories, and independent freestanding emergency 
     department) in which diagnostic testing for COVID-19 is 
     performed.
       ``(d) Public Report.--Not later than 60 days after the date 
     of the enactment of this subsection, the Secretary of Health 
     and Human Services shall publish on the Internet website of 
     the Department of Health and Human Services a report on cash 
     prices for items and services published under subsection 
     (b)(1) during the period beginning on the date of the 
     enactment of this Act and ending on the date of the enactment 
     of this subsection, which shall include--
       ``(1) the percentage of providers that comply with the 
     publication requirement under such subsection;
       ``(2) the average cash price for each item and service 
     described in section 6001(a) of division F of the Families 
     First Coronavirus Response Act that is published under such 
     subsection;
       ``(3) with respect to each such item and service, a 
     comparison of such average cash price to the reimbursement 
     rate under the Medicare program under title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.); and
       ``(4) any cash prices published under such subsection that 
     substantially exceed the average cash price for each such 
     item or service and the name of each provider that charges 
     such prices.''.

     SEC. 310. GRANTS FOR EXCHANGE OUTREACH, EDUCATION, AND 
                   ENROLLMENT ASSISTANCE.

       (a) Outreach and Education Grants to States and Navigator 
     Enrollment Grants to Exchanges to Assist Eligible 
     Individuals.--
       (1) Outreach and education grants to states.--
       (A) In general.--The Secretary of Health and Human Services 
     shall carry out a program that awards grants to States that 
     provide outreach and educational activities for purposes of 
     informing individuals of the availability of coverage under 
     qualified health plans offered through an Exchange and 
     financial assistance for coverage under such plans (including 
     the informing of eligible individuals of the availability of 
     coverage under qualified health plans offered through an 
     Exchange during the application process for unemployment 
     compensation under State or Federal law).
       (B) Consideration of certain needs of population of 
     exchange.--The outreach and educational activities described 
     in subparagraph (A) shall be provided in a manner that is 
     culturally and linguistically appropriate to the needs of the 
     populations being served by the Exchange (including hard-to-
     reach populations, such as racial and sexual minorities, 
     limited English proficient populations, and young adults).
       (C) Applications.--To be eligible to receive a grant under 
     this paragraph, a State shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       (D) Limitation on use of funds.--No funds appropriated 
     under paragraph (4)(A) shall be used for expenditures for 
     promoting non-ACA compliant health insurance coverage.
       (E) Grant duration and amount.--
       (i) Duration.--Each grant under this paragraph shall be for 
     a 1-year period that begins on the date of the enactment of 
     this Act (which may be renewed for a 1-year period by the 
     Secretary of Health and Human Services).
       (ii) Amount.--

       (I) In general.--The Secretary of Health and Human Services 
     shall determine the amount of each grant under this 
     paragraph.
       (II) Minimum.--Each grant under this paragraph shall be for 
     an amount that is at least $500,000 for each 1-year period, 
     and if applicable, at least $500,000 for any 1-year period of 
     renewal.

       (2) Navigator enrollment grants through exchanges.--
       (A) In general.--The Secretary of Health and Human Services 
     shall award grants to Exchanges described in subparagraph (D) 
     for purposes of facilitating the enrollment of individuals in 
     qualified health plans offered through such Exchanges.
       (B) Use of funds.--Funds made available under a grant made 
     under subparagraph (A) may only be used by such Exchanges to 
     carry out the navigator program described in subsection 
     (i)(1) of such section 1311.
       (C) Applications.--To be eligible to receive a grant under 
     this paragraph, for purposes of carrying out subparagraph 
     (A), an Exchange described in subparagraph (D) shall submit 
     to the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary may require.
       (D) Exchange described.--For purposes of this paragraph, an 
     Exchange described in this subparagraph is an Exchange that a 
     State establishes and operates pursuant to section 1311(b)(1) 
     of the Patient Protection and Affordable Care Act (42 U.S.C. 
     18031(b)(1)).
       (3) Appropriations.--There are appropriated for each of 
     fiscal years 2021 and 2022, to remain available through 
     fiscal year 2023--
       (A) $100,000,000 to carry out paragraph (1)(A); and
       (B) $100,000,000--
       (i) to carry out paragraph (2)(A); and
       (ii) to carry out the navigator program described in 
     section 1311(i) of the Patient Protection and Affordable Care 
     Act (42 U.S.C. 18031(i)) for Exchanges operated by the 
     Secretary pursuant to section 1321(c)(1) of such Act (42 
     U.S.C. 18041(c)(1))).
       (4) Definitions.--In this subsection:
       (A) Eligible individuals.--The term ``eligible individual'' 
     means, with respect to an Exchange, an individual who is 
     otherwise eligible to enroll through such Exchange.
       (B) Exchange.--The term ``Exchange'' means an American 
     Health Benefit Exchange established under section 1311 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 18031).
       (C) Non-ACA compliant health insurance coverage.--
       (i) In general.--The term ``non-ACA compliant health 
     insurance coverage'' means health insurance coverage, or a 
     group health plan, that is not a qualified health plan.
       (ii) Inclusion.--Such term includes the following:

       (I) An association health plan.
       (II) Short-term limited duration insurance.

       (D) Qualified health plan.--The term ``qualified health 
     plan'' has the meaning given such term in section 1301(a)(1) 
     of the Patient Protection and Affordable Care Act (42 U.S.C. 
     18021(a)(1)).
       (b) Implementation.--The Secretary of Health and Human 
     Services may implement the provisions of this section through 
     subregulatory guidance, program instruction, or otherwise.

     SEC. 311. APPLICATION OF PREMIUM TAX CREDIT IN CASE OF 
                   INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION 
                   DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.

       (a) In General.--Section 36B of the Internal Revenue Code 
     of 1986, as amended by the preceding provisions of this Act, 
     is amended by redesignating subsection (g) as subsection (h) 
     and by inserting after subsection (f) the following new 
     subsection:
       ``(g) Special Rule for Individuals Who Receive Unemployment 
     Compensation During COVID-19 Public Health Emergency.--
       ``(1) In general.--For purposes of the credit determined 
     under this section, in the case of a taxpayer who has 
     received, or has been approved to receive, unemployment 
     compensation for any week during the applicable period, for 
     the taxable year in which such week begins--
       ``(A) such taxpayer shall be treated as an applicable 
     taxpayer, and
       ``(B) there shall not be taken into account any household 
     income of the taxpayer in excess of 133 percent of the 
     poverty line for a family of the size involved.
       ``(2) Applicable period.--For purposes of this section, the 
     applicable period is the period that--
       ``(A) begins on the date of the enactment of this 
     subsection, and
       ``(B) ends 60 days after the last day of the emergency 
     period described in section 1135(g)(1)(B) of the Social 
     Security Act.
       ``(3) Reasonable evidence of unemployment compensation.--
     For purposes of this subsection, a taxpayer shall not be 
     treated as having received (or been approved to receive) 
     unemployment compensation for any week unless such taxpayer 
     provides documentation which demonstrates such receipt or 
     approval.
       ``(4) Unemployment compensation.--For purposes of this 
     subsection, the term `unemployment compensation' has the 
     meaning given such term in section 1311(c)(8)(E) of the 
     Patient Protection and Affordable Care Act.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 312. INCREASING ACCESSIBILITY AND AFFORDABILITY TO 
                   QUALIFIED HEALTH PLANS FOR INDIVIDUALS 
                   RECEIVING UNEMPLOYMENT COMPENSATION DURING THE 
                   COVID-19 EMERGENCY PERIOD.

       (a) Establishment of Special Enrollment Periods for 
     Individuals Receiving Unemployment Compensation.--Section 
     1311(c) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18031(c)) is amended--
       (1) in paragraph (6)--
       (A) in subparagraph (C), by striking at the end ``and'';
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) special enrollment periods described in paragraph 
     (8).''; and
       (2) by adding at the end the following new paragraph:
       ``(8) Special enrollment periods for individuals receiving 
     unemployment compensation.--
       ``(A) In general.--The special enrollment period described 
     in this paragraph--
       ``(i) in the case of an individual who becomes eligible for 
     unemployment compensation on any date before January 1, 2021, 
     is the period beginning on the first day on or after such 
     date that the individual is not eligible for minimum 
     essential coverage (as defined in section 5000A(f) of the 
     Internal Revenue Code of 1986) and ending on the later of--

       ``(I) December 31, 2020; and
       ``(II) the day that is 60 days after such first day; and

       ``(ii) in the case of an individual who becomes eligible 
     for unemployment compensation beginning on any date that is 
     on or after January 1,

[[Page H5325]]

     2021, is the 60-day period beginning on the first day on or 
     after such date that the individual is not eligible for 
     minimum essential coverage.
       ``(B) Self-attestation.--For purposes of this paragraph, 
     eligibility of an individual for unemployment compensation 
     and the date on which such eligibility begins shall be 
     determined by the self-attestation of such individual.
       ``(C) Exclusion.--For purposes of this paragraph, an 
     individual shall not be treated as eligible for minimum 
     essential coverage if--
       ``(i) such individual is eligible only for coverage 
     described in section 5000A(f)(1)(C) of the Internal Revenue 
     Code of 1986; or
       ``(ii) such individual would not be treated as eligible for 
     minimum essential coverage pursuant to section 36B(c)(2)(C) 
     of such Code.
       ``(D) Clarification.--Nothing in subparagraph (A) shall be 
     construed to prohibit an individual described in such 
     subparagraph from qualifying for multiple special enrollment 
     periods under such subparagraph.
       ``(E) Unemployment compensation defined.--In this 
     paragraph, the term `unemployment compensation' means, with 
     respect to an individual--
       ``(i) regular compensation and extended compensation (as 
     such terms are defined by section 205 of the Federal-State 
     Extended Unemployment Compensation Act of 1970);
       ``(ii) unemployment compensation (as defined by section 
     85(b) of the Internal Revenue Code of 1986) provided under 
     any program administered by a State under an agreement with 
     the Secretary;
       ``(iii) pandemic unemployment assistance under section 2102 
     of the CARES Act;
       ``(iv) pandemic emergency unemployment compensation under 
     section 2107 of the CARES Act;
       ``(v) pandemic emergency unemployment extension 
     compensation under section 2107A of the CARES Act;
       ``(vi) unemployment benefits under the Railroad 
     Unemployment Insurance Act; and
       ``(vii) trade adjustment assistance under title II of the 
     Trade Act of 1974;
     for which such individual is eligible for any week during the 
     period beginning on the first day of the emergency period 
     described in section 1135(g)(1)(B) of the Social Security Act 
     and ending on December 31, 2021.''.
       (b) Requirement for First Day of Coverage for Individuals 
     Receiving Unemployment Compensation Enrolling During Special 
     Enrollment Periods.--Section 1303 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18023) is amended by 
     adding at the end the following new subsection:
       ``(e) Requirement for First Day of Coverage for Individuals 
     Receiving Unemployment Compensation Enrolling During Special 
     Enrollment Periods.--
       ``(1) In general.--In the case of an individual described 
     in section 1311(c)(8)(A) who enrolls in a qualified health 
     plan through an Exchange during a month during a special 
     enrollment period described in such section, such coverage 
     shall be effective beginning on--
       ``(A) if such individual was enrolled in minimum essential 
     coverage (other than the qualified health plan enrolled 
     through such a special enrollment period) on the first day of 
     such month, the first day of such month on which the 
     individual is longer so enrolled; and
       ``(B) if such individual was not enrolled in minimum 
     essential coverage (other than the qualified health plan 
     enrolled through such a special enrollment period) on the 
     first day of such month, the first day of such month.
       ``(2) Minimum essential coverage defined.--In this 
     subsection, the term `minimum essential coverage' has the 
     meaning given such term in section 5000A(f) of the Internal 
     Revenue Code of 1986.''.
       (c) Model Notice and Publication of Information Relating to 
     Special Enrollment Periods and Credits for Individuals 
     Receiving Unemployment Compensation.--
       (1) Model notice.--The Secretary of Health and Human 
     Services shall make available to States a model notice (which 
     may be sent by mail, email, or electronic means upon the 
     receipt of unemployment compensation (as defined in 
     subparagraph (D) of section 1311(c)(8) of the Patient 
     Protection and Affordable Care Act, as added by subsection 
     (a)) that includes information with respect to the 
     eligibility of individuals described in subparagraph (A) of 
     such section--
       (A) to enroll in a qualified health plan offered through an 
     Exchange during a special enrollment period described in 
     section 1311(c)(8)(A) of such Act;
       (B) for the premium tax credit under section 36B of the 
     Internal Revenue Code of 1986; and
       (C) for any increase to the premium tax credit an 
     individual otherwise receives under section 36B of the 
     Internal Revenue Code of 1986 by reason of subsection (g) of 
     such section.
       (2) Publication of information .--Section 1311(b) of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 
     18031(b)) by adding at the end the following new paragraph:
       ``(3) Publication of information relating to a special 
     enrollment period and credits.--An Exchange shall, not later 
     than 7 days after the date of the enactment of this 
     paragraph, prominently post on the homepage of the Internet 
     website for such Exchange information with respect to the 
     special enrollment period described in subsection (c)(8)(A) 
     and hyperlinks to information with respect to the eligibility 
     of individuals described in such subsection--
       ``(A) to enroll in a qualified health plan offered through 
     an Exchange during a special enrollment period described in 
     such subsection;
       ``(B) for the premium tax credit under section 36B of the 
     Internal Revenue Code of 1986; and
       ``(C) for any increase to the premium tax credit an 
     individual otherwise receives under section 36B of the 
     Internal Revenue Code of 1986 by reason of subsection (g) of 
     such section.''.

     SEC. 313. TEMPORARY MODIFICATION OF LIMITATIONS ON 
                   RECONCILIATION OF TAX CREDITS FOR COVERAGE 
                   UNDER A QUALIFIED HEALTH PLAN WITH ADVANCE 
                   PAYMENTS OF SUCH CREDIT.

       (a) In General.--Section 36B(f)(2)(B) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new clause:
       ``(iii) Temporary modification of limitation on increase.--
     In the case of any taxable year beginning in 2020 or 2021, 
     clause (i) shall be applied--

       ``(I) by substituting `600 percent' for `400 percent' the 
     first place it appears therein, and
       ``(II) by substituting the following table for the table 
     contained therein:

----------------------------------------------------------------------------------------------------------------
    ``If the household income (expressed as a percent of
                     poverty line) is:                                 The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 500%.............................................  $0
At least 500% but less than 550%...........................  $1,600
At least 550% but less than 600%...........................  $2,650
----------------------------------------------------------------------------------------------------------------

     The dollar amounts in the table contained under this clause 
     shall be increased under clause (ii) for taxable years 
     beginning calendar year 2021 by substituting `calendar year 
     2020' for `calendar year 2013' in subclause (II) thereof.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 314. REQUIREMENTS FOR COBRA NOTICES RELATING TO THE 
                   AVAILABILITY OF HEALTH INSURANCE COVERAGE AND 
                   ASSISTANCE.

       (a) Additional Notification Requirement for COBRA 
     Notices.--
       (1) In general.--In the case of a notice provided under 
     section 606(a)(4) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 
     the Internal Revenue Code of 1986, or section 2206(4) of the 
     Public Health Service Act (42 U.S.C. 300bb-6(4)), with 
     respect to an individual who, during the period described in 
     paragraph (2), becomes entitled to elect COBRA continuation 
     coverage, the requirements of such provisions shall not be 
     treated as met unless such notice includes an additional 
     written notice advising such individual, in clear and 
     understandable language--
       (A) that such individual may be eligible for--
       (i) a special enrollment period described in section 
     1311(c)(8)(A) of the Patient Protection and Affordable Care 
     Act; and
       (ii) a premium tax credit under section 36B of the Internal 
     Revenue Code of 1986 (including a possible increase to such 
     credit by reason of subsection (g) of such section); and
       (B) of the existence and potential effects of the temporary 
     modification of limitations on reconciliation of such credits 
     under section 36B(f)(2)(B)(iii) of such Code.
       (2) Period described.--For purposes of paragraph (1), the 
     period described in this paragraph is the period that--
       (A) begins 14 days after the date of the enactment of this 
     Act; and
       (B) ends 60 days after the last day of the emergency period 
     described in section 1135(g)(1)(B) of the Social Security Act 
     (42 U.S.C. 1320b-5(g)(1)(B)).
       (3) Form.--The requirement of the additional notification 
     under this subsection may be met by amendment of existing 
     notice forms or by inclusion of a separate document with the 
     notice otherwise required.
       (4) Model notices.--Not later than 14 days after the date 
     of enactment of this Act, with respect to any individual 
     described in paragraph (1), the Secretary of Labor, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of Health and Human Services, shall prescribe 
     models for the additional notification required under this 
     subsection. Such models shall include an estimate of the 
     amount of the monthly premium of a silver-level qualified 
     health plan offered through an Exchange following the 
     application of tax credits under section 36B of the Internal 
     Revenue Code of 1986 for the average individual eligible for 
     the special enrollment period described in paragraph 
     (1)(A)(i).
       (b) Outreach by the Secretary of Labor.--The Secretary of 
     Labor, in consultation with the Secretary of the Treasury and 
     the Secretary of Health and Human Services, shall provide 
     outreach consisting of public education and enrollment 
     assistance relating to premium assistance, special enrollment 
     periods, and reconciliation modifications described in 
     subsection (a)(1). Such outreach shall target employers, 
     group health plan administrators, public assistance programs, 
     States, consumers, and other entities as determined 
     appropriate by such Secretaries. Information on such premium 
     assistance, special enrollment periods, and reconciliation 
     modifications shall also be made available on the websites of 
     the Departments of Labor, Treasury, and Health and Human 
     Services.
       (c) Definitions.--In this section:
       (1) COBRA continuation coverage.--The term ``COBRA 
     continuation coverage'' means continuation coverage provided 
     pursuant to

[[Page H5326]]

     part 6 of subtitle B of title I of the Employee Retirement 
     Income Security Act of 1974 (other than under section 609), 
     title XXII of the Public Health Service Act, or section 4980B 
     of the Internal Revenue Code of 1986 (other than subsection 
     (f)(1) of such section insofar as it relates to pediatric 
     vaccines), or under a State program that provides comparable 
     continuation coverage. Such term does not include coverage 
     under a health flexible spending arrangement under a 
     cafeteria plan within the meaning of section 125 of the 
     Internal Revenue Code of 1986.
       (2) Exchange.--The term ``Exchange'' means an American 
     Health Benefit Exchange established under section 1311 of the 
     Patient Protection and Affordable Care Act.
       (3) Group health plan.--The term ``group health plan'' has 
     the meaning given such term in section 607(1) of the Employee 
     Retirement Income Security Act of 1974.
       (4) Qualified health plan.--The term ``qualified health 
     plan'' has the meaning given such term in section 1301(a)(1) 
     of the Patient Protection and Affordable Care Act.
       (5) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (6) Unemployment compensation.--The term ``unemployment 
     compensation'' means, with respect to an individual--
       (A) regular compensation and extended compensation (as such 
     terms are defined by section 205 of the Federal-State 
     Extended Unemployment Compensation Act of 1970);
       (B) unemployment compensation (as defined by section 85(b) 
     of the Internal Revenue Code of 1986) provided under any 
     program administered by a State under an agreement with the 
     Secretary;
       (C) pandemic unemployment assistance under section 2102 of 
     the CARES Act;
       (D) pandemic emergency unemployment compensation under 
     section 2107 of the CARES Act;
       (E) unemployment benefits under the Railroad Unemployment 
     Insurance Act; and
       (F) trade adjustment assistance under title II of the Trade 
     Act of 1974;
     for which such individual is eligible for any week during the 
     period described in subsection (a)(2).

             TITLE IV--APPLICATION TO OTHER HEALTH PROGRAMS

     SEC. 401. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   TRICARE BENEFICIARIES RECEIVING COVID-19 
                   TREATMENT.

       (a) In General.--Section 6006(a) of the Families First 
     Coronavirus Response Act (Public Law 116-127; 38 U.S.C. 1074 
     note) is amended by striking ``or visits described in 
     paragraph (2) of such section'' and inserting ``, visits 
     described in paragraph (2) of such section, or medical care 
     to treat COVID-19''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to medical care furnished on or 
     after the date of the enactment of this Act.

     SEC. 402. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   VETERANS RECEIVING COVID-19 TREATMENT FURNISHED 
                   BY DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 6006(b) of the Families First 
     Coronavirus Response Act (Public Law 116-127; 38 U.S.C. 1701 
     note) is amended by striking ``or visits described in 
     paragraph (2) of such section'' and inserting ``, visits 
     described in paragraph (2) of such section, or hospital care 
     or medical services to treat COVID-19''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to hospital care and medical 
     services furnished on or after the date of the enactment of 
     this Act.

     SEC. 403. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   FEDERAL CIVILIAN EMPLOYEES RECEIVING COVID-19 
                   TREATMENT.

       (a) In General.--Section 6006(c) of the Families First 
     Coronavirus Response Act (Public Law 116-127; 5 U.S.C. 8904 
     note) is amended by striking ``or visits described in 
     paragraph (2) of such section'' and inserting ``, visits 
     described in paragraph (2) of such section, or hospital care 
     or medical services to treat COVID-19''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to hospital care and medical 
     services furnished on or after the date of the enactment of 
     this Act.

                    TITLE V--PUBLIC HEALTH POLICIES

     SEC. 501. DEFINITIONS.

       In this title:
       (1) Except as inconsistent with the provisions of this 
     title, the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (2) The term ``State'' refers to each of the 50 States and 
     the District of Columbia.
       (3) The term ``Tribal'', with respect to a department of 
     health (or health department), includes--
       (A) Indian Tribes that--
       (i) are operating one or more health facilities pursuant to 
     an agreement under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5301 et seq.); or
       (ii) receive services from a facility operated by the 
     Indian Health Services; and
       (B) Tribal organizations and Urban Indian organizations.

                 Subtitle A--Supply Chain Improvements

     SEC. 511. MEDICAL SUPPLIES RESPONSE COORDINATOR.

       (a) In General.--The President shall appoint a Medical 
     Supplies Response Coordinator to coordinate the efforts of 
     the Federal Government regarding the supply and distribution 
     of critical medical supplies and equipment related to 
     detecting, diagnosing, preventing, and treating COVID-19, 
     including personal protective equipment, medical devices, 
     drugs, and vaccines.
       (b) Qualifications.--To qualify to be appointed as the 
     Medical Supplies Response Coordinator, an individual shall be 
     a senior government official with--
       (1) health care training, including training related to 
     infectious diseases or hazardous exposures; and
       (2) a familiarity with medical supply chain logistics.
       (c) Activities.--The Medical Supplies Response Coordinator 
     shall--
       (1) consult with State, local, territorial, and Tribal 
     officials to ensure that health care facilities and health 
     care workers have sufficient personal protective equipment 
     and other medical supplies;
       (2) evaluate ongoing needs of States, localities, 
     territories, Tribes, health care facilities, and health care 
     workers to determine the need for critical medical supplies 
     and equipment;
       (3) serve as a point of contact for industry for 
     procurement and distribution of critical medical supplies and 
     equipment, including personal protective equipment, medical 
     devices, testing supplies, drugs, and vaccines;
       (4) procure and distribute critical medical supplies and 
     equipment, including personal protective equipment, medical 
     devices, testing supplies, drugs, and vaccines;
       (5)(A) establish and maintain an up-to-date national 
     database of hospital capacity, including beds, ventilators, 
     and supplies, including personal protective equipment, 
     medical devices, drugs, and vaccines; and
       (B) provide weekly reports to the Congress on gaps in such 
     capacity and progress made toward closing the gaps;
       (6) require, as necessary, industry reporting on production 
     and distribution of personal protective equipment, medical 
     devices, testing supplies, drugs, and vaccines and assess 
     financial penalties as may be specified by the Medical 
     Supplies Response Coordinator for failure to comply with such 
     requirements for reporting on production and distribution;
       (7) consult with the Secretary and the Administrator of the 
     Federal Emergency Management Agency, as applicable, to ensure 
     sufficient production levels under the Defense Production Act 
     of 1950 (50 U.S.C. 4501 et seq.); and
       (8) monitor the prices of critical medical supplies and 
     equipment, including personal protective equipment and 
     medical devices, drugs, and vaccines related to detecting, 
     diagnosing, preventing, and treating COVID-19 and report any 
     suspected price gouging of such materials to the Federal 
     Trade Commission and appropriate law enforcement officials.

     SEC. 512. INFORMATION TO BE INCLUDED IN LIST OF DEVICES 
                   DETERMINED TO BE IN SHORTAGE.

       Section 506J(g)(2)(A) of the Federal Food, Drug, and 
     Cosmetic Act, as added by section 3121 of the CARES Act 
     (Public Law 116-136), is amended by inserting ``, including 
     the device identifier or national product code for such 
     device, if applicable'' before the period at the end.

     SEC. 513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES.

       (a) In General.--The Federal Food, Drug, and Cosmetic Act 
     is amended by inserting after section 506J (21 U.S.C. 356j) 
     the following:

     ``SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES.

       ``(a) In General.--A manufacturer of a device subject to 
     notification requirements under section 506J (in this section 
     referred to as an `essential device') shall--
       ``(1) submit to the Secretary data and information as 
     required by subsection (b)(1);
       ``(2) conduct and submit the results of any studies 
     required under subsection (b)(3); and
       ``(3) make any labeling change described in subsection (c) 
     by the date specified by the Secretary pursuant to such 
     subsection.
       ``(b) Notification.--
       ``(1) In general.--The Secretary may issue an order 
     requiring the manufacturer of any essential device to submit, 
     in such manner as the Secretary may prescribe, data and 
     information from any stage of development of the device 
     (including pilot, investigational, and final product 
     validation) that are adequate to assess the shelf life of the 
     device to determine the longest supported expiration date.
       ``(2) Unavailable or insufficient data and information.--If 
     the data and information referred to in paragraph (1) are not 
     available or are insufficient, the Secretary may require the 
     manufacturer of the device to--
       ``(A) conduct studies adequate to provide the data and 
     information; and
       ``(B) submit to the Secretary the results, data, and 
     information generated by such studies when available.
       ``(c) Labeling.--The Secretary may issue an order requiring 
     the manufacturer of an essential device to make by a 
     specified date any labeling change regarding the expiration 
     period that the Secretary determines to be appropriate based 
     on the data and information required to be submitted under 
     this section or any other data and information available to 
     the Secretary.
       ``(d) Confidentiality.--Nothing in this section shall be 
     construed as authorizing the Secretary to disclose any 
     information that is a trade secret or confidential 
     information subject to section 552(b)(4) of title 5, United 
     States Code, or section 1905 of title 18, United States 
     Code.''.
       (b) Civil Monetary Penalty.--Section 303(f) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) is amended by 
     adding at the end the following:
       ``(10) Civil Monetary Penalty With Respect to Extended 
     Shelf Life Dates for Essential Devices.--If the manufacturer 
     of a device subject to notification requirements under 
     section 506J violates section 506K by failing to

[[Page H5327]]

     submit data and information as required under section 
     506K(b)(1), failing to conduct or submit the results of 
     studies as required under section 506K(b)(3), or failing to 
     make a labeling change as required under section 506K(c), 
     such manufacturer shall be liable to the United States for a 
     civil penalty in an amount not to exceed $10,000 for each 
     such violation.''.
       (c) Emergency Use Eligible Products.--Subparagraph (A) of 
     section 564A(a)(1) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 360bbb-3a(a)(1)) is amended to read as 
     follows:
       ``(A) is approved or cleared under this chapter, otherwise 
     listed as a device pursuant to section 510(j), conditionally 
     approved under section 571, or licensed under section 351 of 
     the Public Health Service Act;''.

     SEC. 514. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.

       (a) In General.--Section 801(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(a)) is amended--
       (1) in the fourth sentence, by inserting ``or counterfeit 
     device'' after ``counterfeit drug''; and
       (2) by striking ``The Secretary of the Treasury shall cause 
     the destruction of'' and all that follows through ``liable 
     for costs pursuant to subsection (c).'' and inserting the 
     following: ``The Secretary of the Treasury shall cause the 
     destruction of any such article refused admission unless such 
     article is exported, under regulations prescribed by the 
     Secretary of the Treasury, within 90 days of the date of 
     notice of such refusal or within such additional time as may 
     be permitted pursuant to such regulations, except that the 
     Secretary of Health and Human Services may destroy, without 
     the opportunity for export, any drug or device refused 
     admission under this section, if such drug or device is 
     valued at an amount that is $2,500 or less (or such higher 
     amount as the Secretary of the Treasury may set by regulation 
     pursuant to section 498(a)(1) of the Tariff Act of 1930 (19 
     U.S.C. 1498(a)(1))) and was not brought into compliance as 
     described under subsection (b). The Secretary of Health and 
     Human Services shall issue regulations providing for notice 
     and an opportunity to appear before the Secretary of Health 
     and Human Services and introduce testimony, as described in 
     the first sentence of this subsection, on destruction of a 
     drug or device under the seventh sentence of this subsection. 
     The regulations shall provide that prior to destruction, 
     appropriate due process is available to the owner or 
     consignee seeking to challenge the decision to destroy the 
     drug or device. Where the Secretary of Health and Human 
     Services provides notice and an opportunity to appear and 
     introduce testimony on the destruction of a drug or device, 
     the Secretary of Health and Human Services shall store and, 
     as applicable, dispose of the drug or device after the 
     issuance of the notice, except that the owner and consignee 
     shall remain liable for costs pursuant to subsection (c).''.
       (b) Definition.--Section 201(h) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(h)) is amended--
       (1) by redesignating subparagraphs (1), (2), and (3) as 
     clauses (A), (B), and (C), respectively; and
       (2) after making such redesignations--
       (A) by striking ``(h) The term'' and inserting ``(h)(1) The 
     term''; and
       (B) by adding at the end the following:
       ``(2) The term `counterfeit device' means a device which, 
     or the container, packaging, or labeling of which, without 
     authorization, bears a trademark, trade name, or other 
     identifying mark, imprint, or symbol, or any likeness 
     thereof, or is manufactured using a design, of a device 
     manufacturer, packer, or distributor other than the person or 
     persons who in fact manufactured, packed, or distributed such 
     device and which thereby falsely purports or is represented 
     to be the product of, or to have been packed or distributed 
     by, such other device manufacturer, packer, or distributor.
       ``(3) For purposes of subparagraph (2)--
       ``(A) the term `manufactured' refers to any of the 
     following activities: manufacture, preparation, propagation, 
     compounding, assembly, or processing; and
       ``(B) the term `manufacturer' means a person who is engaged 
     in any of the activities listed in clause (A).''.

     SEC. 515. REPORTING REQUIREMENT FOR DRUG MANUFACTURERS.

       (a) Establishments in a Foreign Country.--Section 510(i) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) 
     is amended by inserting at the end the following new 
     paragraph:
       ``(5) The requirements of paragraphs (1) and (2) shall 
     apply to establishments within a foreign country engaged in 
     the manufacture, preparation, propagation, compounding, or 
     processing of any drug, including the active pharmaceutical 
     ingredient, that is required to be listed pursuant to 
     subsection (j). Such requirements shall apply regardless of 
     whether the drug or active pharmaceutical ingredient 
     undergoes further manufacture, preparation, propagation, 
     compounding, or processing at a separate establishment or 
     establishments outside the United States prior to being 
     imported or offered for import into the United States.''.
       (b) Listing of Drugs.--Section 510(j)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(1)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) in the case of a drug contained in the applicable 
     list, a certification that the registrant has--
       ``(i) identified every other establishment where 
     manufacturing is performed for the drug; and
       ``(ii) notified each known foreign establishment engaged in 
     the manufacture, preparation, propagation, compounding, or 
     processing of the drug, including the active pharmaceutical 
     ingredient, of the inclusion of the drug in the list and the 
     obligation to register.''.
       (c) Quarterly Reporting on Amount of Drugs Manufactured.--
     Section 510(j)(3)(A) of the Federal Food, Drug, and Cosmetic 
     Act (as added by section 3112 of the CARES Act (Public Law 
     116-136)) is amended by striking ``annually'' and inserting 
     ``once during the month of March of each year, once during 
     the month of June of each year, once during the month of 
     September of each year, and once during the month of December 
     of each year''.

     SEC. 516. RECOMMENDATIONS TO ENCOURAGE DOMESTIC MANUFACTURING 
                   OF CRITICAL DRUGS.

       (a) In General.--Not later than 14 days after the date of 
     enactment of this Act, the Secretary shall enter into an 
     agreement with the National Academies of Sciences, 
     Engineering, and Medicine (referred to in this section as the 
     ``National Academies'') under which, not later than 90 days 
     after the date of entering into the agreement, the National 
     Academies will--
       (1) establish a committee of experts who are knowledgeable 
     about drug and device supply issues, including--
       (A) sourcing and production of critical drugs and devices;
       (B) sourcing and production of active pharmaceutical 
     ingredients in critical drugs;
       (C) the raw materials and other components for critical 
     drugs and devices; and
       (D) the public health and national security implications of 
     the current supply chain for critical drugs and devices;
       (2) convene a public symposium to--
       (A) analyze the impact of United States dependence on the 
     foreign manufacturing of critical drugs and devices on 
     patient access and care, including in hospitals and intensive 
     care units; and
       (B) recommend strategies to end United States dependence on 
     foreign manufacturing to ensure the United States has a 
     diverse and vital supply chain for critical drugs and devices 
     to protect the Nation from natural or hostile occurrences; 
     and
       (3) submit a report on the symposium's proceedings to the 
     Congress and publish a summary of such proceedings on the 
     public website of the National Academies.
       (b) Symposium.--In carrying out the agreement under 
     subsection (a), the National Academies shall consult with--
       (1) the Department of Health and Human Services, the 
     Department of Homeland Security, the Department of Defense, 
     the Department of Commerce, the Department of State, the 
     Department of Veterans Affairs, the Department of Justice, 
     and any other Federal agencies as appropriate; and
       (2) relevant stakeholders, including drug and device 
     manufacturers, health care providers, medical professional 
     societies, State-based societies, public health experts, 
     State and local public health departments, State medical 
     boards, patient groups, health care distributors, wholesalers 
     and group purchasing organizations, pharmacists, and other 
     entities with experience in health care and public health, as 
     appropriate.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``critical''--
       (A) with respect to a device, refers to a device classified 
     by the Food and Drug Administration as implantable, life-
     saving, and life-sustaining; or
       (B) with respect to a drug, refers to a drug that is 
     described in subsection (a) of section 506C of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 356c) (relating to 
     notification of any discontinuance or interruption in the 
     production of life-saving drugs).
       (2) The terms ``device'' and ``drug'' have the meanings 
     given to those terms in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).

     SEC. 517. FAILURE TO NOTIFY OF A PERMANENT DISCONTINUANCE OR 
                   AN INTERRUPTION.

       Section 301 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 331) is amended by adding at the end the following:
       ``(fff) The failure of a manufacturer of a drug described 
     in section 506C(a) or an active pharmaceutical ingredient of 
     such a drug, without a reasonable basis as determined by the 
     Secretary, to notify the Secretary of a permanent 
     discontinuance or an interruption, and the reasons for such 
     discontinuance or interruption, as required by section 
     506C.''.

     SEC. 518. FAILURE TO DEVELOP RISK MANAGEMENT PLAN.

       Section 301 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 331), as amended by section 517, is further amended by 
     adding at the end the following:
       ``(ggg) The failure to develop, maintain, and implement a 
     risk management plan, as required by section 506C(j).''.

     SEC. 519. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 
                   PHARMACEUTICAL MANUFACTURING.

       (a) In General.--Section 3016 of the 21st Century Cures Act 
     (21 U.S.C. 399h) is amended to read as follows:

     ``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 
                   PHARMACEUTICAL MANUFACTURING.

       ``(a) In General.--The Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs--
       ``(1) shall solicit and, beginning not later than 1 year 
     after the date of enactment of the Investing in America's 
     Health Care During the COVID-19 Pandemic Act receive requests 
     from institutions of higher education to be designated as a 
     National Center of Excellence in Continuous Pharmaceutical 
     Manufacturing (in this

[[Page H5328]]

     section referred to as a `National Center of Excellence') to 
     support the advancement and development of continuous 
     manufacturing; and
       ``(2) shall so designate any institution of higher 
     education that--
       ``(A) requests such designation; and
       ``(B) meets the criteria specified in subsection (c).
       ``(b) Request for Designation.--A request for designation 
     under subsection (a) shall be made to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require. Any such request shall include a 
     description of how the institution of higher education meets 
     or plans to meet each of the criteria specified in subsection 
     (c).
       ``(c) Criteria for Designation Described.--The criteria 
     specified in this subsection with respect to an institution 
     of higher education are that the institution has, as of the 
     date of the submission of a request under subsection (a) by 
     such institution--
       ``(1) physical and technical capacity for research and 
     development of continuous manufacturing;
       ``(2) manufacturing knowledge-sharing networks with other 
     institutions of higher education, large and small 
     pharmaceutical manufacturers, generic and nonprescription 
     manufacturers, contract manufacturers, and other entities;
       ``(3) proven capacity to design and demonstrate new, highly 
     effective technology for use in continuous manufacturing;
       ``(4) a track record for creating and transferring 
     knowledge with respect to continuous manufacturing;
       ``(5) the potential to train a future workforce for 
     research on and implementation of advanced manufacturing and 
     continuous manufacturing; and
       ``(6) experience in participating in and leading a 
     continuous manufacturing technology partnership with other 
     institutions of higher education, large and small 
     pharmaceutical manufacturers (including generic and 
     nonprescription drug manufacturers), contract manufacturers, 
     and other entities--
       ``(A) to support companies with continuous manufacturing in 
     the United States;
       ``(B) to support Federal agencies with technical 
     assistance, which may include regulatory and quality metric 
     guidance as applicable, for advanced manufacturing and 
     continuous manufacturing;
       ``(C) with respect to continuous manufacturing, to organize 
     and conduct research and development activities needed to 
     create new and more effective technology, capture and 
     disseminate expertise, create intellectual property, and 
     maintain technological leadership;
       ``(D) to develop best practices for designing continuous 
     manufacturing; and
       ``(E) to assess and respond to the workforce needs for 
     continuous manufacturing, including the development of 
     training programs if needed.
       ``(d) Termination of Designation.--The Secretary may 
     terminate the designation of any National Center of 
     Excellence designated under this section if the Secretary 
     determines such National Center of Excellence no longer meets 
     the criteria specified in subsection (c). Not later than 60 
     days before the effective date of such a termination, the 
     Secretary shall provide written notice to the National Center 
     of Excellence, including the rationale for such termination.
       ``(e) Conditions for Designation.--As a condition of 
     designation as a National Center of Excellence under this 
     section, the Secretary shall require that an institution of 
     higher education enter into an agreement with the Secretary 
     under which the institution agrees--
       ``(1) to collaborate directly with the Food and Drug 
     Administration to publish the reports required by subsection 
     (g);
       ``(2) to share data with the Food and Drug Administration 
     regarding best practices and research generated through the 
     funding under subsection (f);
       ``(3) to develop, along with industry partners (which may 
     include large and small biopharmaceutical manufacturers, 
     generic and nonprescription manufacturers, and contract 
     manufacturers) and another institution or institutions 
     designated under this section, if any, a roadmap for 
     developing a continuous manufacturing workforce;
       ``(4) to develop, along with industry partners and other 
     institutions designated under this section, a roadmap for 
     strengthening existing, and developing new, relationships 
     with other institutions; and
       ``(5) to provide an annual report to the Food and Drug 
     Administration regarding the institution's activities under 
     this section, including a description of how the institution 
     continues to meet and make progress on the criteria listed in 
     subsection (c).
       ``(f) Funding.--
       ``(1) In general.--The Secretary shall award funding, 
     through grants, contracts, or cooperative agreements, to the 
     National Centers of Excellence designated under this section 
     for the purpose of studying and recommending improvements to 
     continuous manufacturing, including such improvements as may 
     enable the Centers--
       ``(A) to continue to meet the conditions specified in 
     subsection (e); and
       ``(B) to expand capacity for research on, and development 
     of, continuing manufacturing.
       ``(2) Consistency with fda mission.--As a condition on 
     receipt of funding under this subsection, a National Center 
     of Excellence shall agree to consider any input from the 
     Secretary regarding the use of funding that would--
       ``(A) help to further the advancement of continuous 
     manufacturing through the National Center of Excellence; and
       ``(B) be relevant to the mission of the Food and Drug 
     Administration.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $100,000,000, 
     to remain available until expended.
       ``(4) Rule of construction.--Nothing in this section shall 
     be construed as precluding a National Center for Excellence 
     designated under this section from receiving funds under any 
     other provision of this Act or any other Federal law.
       ``(g) Annual Review and Reports.--
       ``(1) Annual report.--Beginning not later than 1 year after 
     the date on which the first designation is made under 
     subsection (a), and annually thereafter, the Secretary 
     shall--
       ``(A) submit to Congress a report describing the 
     activities, partnerships and collaborations, Federal policy 
     recommendations, previous and continuing funding, and 
     findings of, and any other applicable information from, the 
     National Centers of Excellence designated under this section; 
     and
       ``(B) make such report available to the public in an easily 
     accessible electronic format on the website of the Food and 
     Drug Administration.
       ``(2) Review of national centers of excellence and 
     potential designees.--The Secretary shall periodically review 
     the National Centers of Excellence designated under this 
     section to ensure that such National Centers of Excellence 
     continue to meet the criteria for designation under this 
     section.
       ``(3) Report on long-term vision of fda role.--Not later 
     than 2 years after the date on which the first designation is 
     made under subsection (a), the Secretary, in consultation 
     with the National Centers of Excellence designated under this 
     section, shall submit a report to the Congress on the long-
     term vision of the Department of Health and Human Services on 
     the role of the Food and Drug Administration in supporting 
     continuous manufacturing, including--
       ``(A) a national framework of principles related to the 
     implementation and regulation of continuous manufacturing;
       ``(B) a plan for the development of Federal regulations and 
     guidance for how advanced manufacturing and continuous 
     manufacturing can be incorporated into the development of 
     pharmaceuticals and regulatory responsibilities of the Food 
     and Drug Administration; and
       ``(C) appropriate feedback solicited from the public, which 
     may include other institutions, large and small 
     biopharmaceutical manufacturers, generic and nonprescription 
     manufacturers, and contract manufacturers.
       ``(h) Definitions.--In this section:
       ``(1) Advanced manufacturing.--The term `advanced 
     manufacturing' means an approach for the manufacturing of 
     pharmaceuticals that incorporates novel technology, or uses 
     an established technique or technology in a new or innovative 
     way (such as continuous manufacturing where the input 
     materials are continuously transformed within the process by 
     two or more unit operations) that enhances drug quality or 
     improves the manufacturing process.
       ``(2) Continuous manufacturing.--The term `continuous 
     manufacturing'--
       ``(A) means a process where the input materials are 
     continuously fed into and transformed within the process, and 
     the processed output materials are continuously removed from 
     the system; and
       ``(B) consists of an integrated process that consists of a 
     series of two or more unit operations.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services, acting through the Commissioner 
     of Food and Drugs.''.
       (b) Transition Rule.--Section 3016 of the 21st Century 
     Cures Act (21 U.S.C. 399h), as in effect on the day before 
     the date of the enactment of this section, shall apply with 
     respect to grants awarded under such section before such date 
     of enactment.

         Subtitle B--Strategic National Stockpile Improvements

     SEC. 531. EQUIPMENT MAINTENANCE.

       Section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) is amended--
       (1) in subsection (a)(3)--
       (A) in subparagraph (I), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (J), by striking the period at the end 
     and inserting a semicolon; and
       (C) by inserting the following new subparagraph at the end:
       ``(K) ensure the contents of the stockpile remain in good 
     working order and, as appropriate, conduct maintenance 
     services on such contents; and''; and
       (2) in subsection (c)(7)(B), by adding at the end the 
     following new clause:
       ``(ix) Equipment maintenance service.--In carrying out this 
     section, the Secretary may enter into contracts for the 
     procurement of equipment maintenance services.''.

     SEC. 532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT.

       (a) In General.--Section 319F-2(a)(3) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(a)(3)), as amended by section 
     531, is further amended by adding at the end the following 
     new subparagraph:
       ``(L) enhance medical supply chain elasticity and establish 
     and maintain domestic reserves of critical medical supplies 
     (including personal protective equipment, ancillary medical 
     supplies, and other applicable supplies required for the 
     administration of drugs, vaccines and other biological 
     products, and other medical devices (including diagnostic 
     tests)) by--
       ``(i) increasing emergency stock of critical medical 
     supplies;
       ``(ii) geographically diversifying production of such 
     medical supplies;
       ``(iii) purchasing, leasing, or entering into joint 
     ventures with respect to facilities and

[[Page H5329]]

     equipment for the production of such medical supplies; and
       ``(iv) working with distributors of such medical supplies 
     to manage the domestic reserves established under this 
     subparagraph by refreshing and replenishing stock of such 
     medical supplies.''.
       (b) Reporting; Sunset.--Section 319F-2(a) of the Public 
     Health Service Act (42 U.S.C. 247d-6b(a)) is amended by 
     adding at the end the following:
       ``(6) Reporting.--Not later than September 30, 2022, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions of the Senate a report 
     on the details of each purchase, lease, or joint venture 
     entered into under paragraph (3)(L), including the amount 
     expended by the Secretary on each such purchase, lease, or 
     joint venture.
       ``(7) Sunset.--The authority to make purchases, leases, or 
     joint ventures pursuant to paragraph (3)(L) shall cease to be 
     effective on September 30, 2023.''.
       (c) Funding.--Section 319F-2(f) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(f)) is amended by adding at 
     the end the following:
       ``(3) Supply chain elasticity.--
       ``(A) In general.--For the purpose of carrying out 
     subsection (a)(3)(L), there is authorized to be appropriated 
     $500,000,000 for each of fiscal years 2020 through 2023, to 
     remain available until expended.
       ``(B) Relation to other amounts.--The amount authorized to 
     be appropriated by subparagraph (A) for the purpose of 
     carrying out subsection (a)(3)(L) is in addition to any other 
     amounts available for such purpose.''.

     SEC. 533. REIMBURSABLE TRANSFERS FROM STRATEGIC NATIONAL 
                   STOCKPILE.

       Section 319F-2(a) of the Public Health Service Act (42 
     U.S.C. 247d-6b(a)), as amended, is further amended by adding 
     at the end the following:
       ``(8) Transfers and reimbursements.--
       ``(A) In general.--Without regard to chapter 5 of title 40, 
     United States Code, the Secretary may transfer to any Federal 
     department or agency, on a reimbursable basis, any drugs, 
     vaccines and other biological products, medical devices, and 
     other supplies in the stockpile if--
       ``(i) the transferred supplies are less than 6 months from 
     expiry;
       ``(ii) the stockpile is able to replenish the supplies, as 
     appropriate; and
       ``(iii) the Secretary decides the transfer is in the best 
     interest of the United States Government.
       ``(B) Use of reimbursement.--Reimbursement derived from the 
     transfer of supplies pursuant to subparagraph (A) may be used 
     by the Secretary, without further appropriation and without 
     fiscal year limitation, to carry out this section.
       ``(C) Report.--Not later than September 30, 2022, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions of the Senate a report 
     on each transfer made under this paragraph and the amount 
     received by the Secretary in exchange for that transfer.
       ``(D) Sunset.--The authority to make transfers under this 
     paragraph shall cease to be effective on September 30, 
     2023.''.

     SEC. 534. STRATEGIC NATIONAL STOCKPILE ACTION REPORTING.

       (a) In General.--The Assistant Secretary for Preparedness 
     and Response (in this section referred to as the ``Assistant 
     Secretary''), in coordination with the Administrator of the 
     Federal Emergency Management Agency, shall--
       (1) not later than 30 days after the date of enactment of 
     this Act, issue a report to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions of the Senate regarding 
     all State, local, Tribal, and territorial requests for 
     supplies from the Strategic National Stockpile related to 
     COVID-19; and
       (2) not less than every 30 days thereafter through the end 
     of the emergency period (as such term is defined in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B))), submit to such committees an updated version of 
     such report.
       (b) Reporting Period.--
       (1) Initial report.--The initial report under subsection 
     (a) shall address all requests described in such subsection 
     made during the period--
       (A) beginning on January 31, 2020; and
       (B) ending on the date that is 30 days before the date of 
     submission of the report.
       (2) Updates.--Each update to the report under subsection 
     (a) shall address all requests described in such subsection 
     made during the period--
       (A) beginning at the end of the previous reporting period 
     under this section; and
       (B) ending on the date that is 30 days before the date of 
     submission of the updated report.
       (c) Contents of Report.--The report under subsection (a) 
     (and updates thereto) shall include--
       (1) the details of each request described in such 
     subsection, including--
       (A) the specific medical countermeasures, including devices 
     such as personal protective equipment, and other materials 
     requested; and
       (B) the amount of such materials requested; and
       (2) the outcomes of each request described in subsection 
     (a), including--
       (A) whether the request was wholly fulfilled, partially 
     fulfilled, or denied;
       (B) if the request was wholly or partially fulfilled, the 
     fulfillment amount; and
       (C) if the request was partially fulfilled or denied, a 
     rationale for such outcome.

     SEC. 535. IMPROVED, TRANSPARENT PROCESSES FOR THE STRATEGIC 
                   NATIONAL STOCKPILE.

       (a) In General.--Not later than January 1, 2021, the 
     Secretary, in collaboration with the Assistant Secretary for 
     Preparedness and Response and the Director of the Centers for 
     Disease Control and Prevention, shall develop and implement 
     improved, transparent processes for the use and distribution 
     of 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, diagnostic tests, and other 
     medical devices ) in the Strategic National Stockpile under 
     section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) (in this section referred to as the ``Stockpile'').
       (b) Processes.--The processes developed under subsection 
     (a) shall include--
       (1) the form and manner in which States, localities, 
     Tribes, and territories are required to submit requests for 
     supplies from the Stockpile;
       (2) the criteria used by the Secretary in responding to 
     such requests, including the reasons for fulfilling or 
     denying such requests;
       (3) what circumstances result in prioritization of 
     distribution of supplies from the Stockpile to States, 
     localities, Tribes, or territories;
       (4) clear plans for future, urgent communication between 
     the Secretary and States, localities, Tribes, and territories 
     regarding the outcome of such requests; and
       (5) any differences in the processes developed under 
     subsection (a) for geographically related emergencies, such 
     as weather events, and national emergencies, such as 
     pandemics.
       (c) Report to Congress.--Not later than January 1, 2021, 
     the Secretary shall--
       (1) submit a report to the Committee Energy and Commerce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate regarding the 
     improved, transparent processes developed under this section; 
     and
       (2) include in such report recommendations for 
     opportunities for communication (by telebriefing, phone 
     calls, or in-person meetings) between the Secretary and 
     States, localities, Tribes, and territories regarding such 
     improved, transparent processes.

     SEC. 536. GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A 
                   STRATEGIC NATIONAL STOCKPILE USER FEE 
                   AGREEMENT.

       (a) In General.-- The Comptroller General of the United 
     States shall conduct a study to investigate the feasibility 
     of establishing user fees to offset certain Federal costs 
     attributable to the procurement of single-source materials 
     for the Strategic National Stockpile under section 319F-2 of 
     the Public Health Service Act (42 U.S.C. 247d-6b) and 
     distributions of such materials from the Stockpile. In 
     conducting this study, the Comptroller General shall 
     consider, to the extent information is available--
       (1) whether entities receiving such distributions generate 
     profits from those distributions;
       (2) any Federal costs attributable to such distributions;
       (3) whether such user fees would provide the Secretary with 
     funding to potentially offset procurement costs of such 
     materials for the Strategic National Stockpile; and
       (4) any other issues the Comptroller General identifies as 
     relevant.
       (b) Report.--Not later than February 1, 2023, the 
     Comptroller General of the United States shall submit to the 
     Congress a report on the findings and conclusions of the 
     study under subsection (a).

      Subtitle C--Testing and Testing Infrastructure Improvements

     SEC. 541. COVID-19 TESTING STRATEGY.

       (a) Strategy.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary shall update the COVID-
     19 strategic testing plan under the heading ``Department of 
     Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139, 134 Stat. 620, 626-627) 
     and submit to the appropriate congressional committees such 
     updated national plan identifying--
       (1) what level of, types of, and approaches to testing 
     (including predicted numbers of tests, populations to be 
     tested, and frequency of testing and the appropriate setting 
     whether a health care setting (such as hospital-based, high-
     complexity laboratory, point-of-care, mobile testing units, 
     pharmacies or community health centers) or non-health care 
     setting (such as workplaces, schools, or child care centers)) 
     are necessary--
       (A) to sufficiently monitor and contribute to the control 
     of the transmission of SARS-CoV-2 in the United States;
       (B) to ensure that any reduction in social distancing 
     efforts, when determined appropriate by public health 
     officials, can be undertaken in a manner that optimizes the 
     health and safety of the people of the United States, and 
     reduces disparities (including disparities related to race, 
     ethnicity, sex, age, disability status, socioeconomic status, 
     and geographic location) in the prevalence of, incidence of, 
     and health outcomes with respect to, COVID-19; and
       (C) to provide for ongoing surveillance sufficient to 
     support contact tracing, case identification, quarantine, and 
     isolation to prevent future outbreaks of COVID-19;
       (2) specific plans and benchmarks, each with clear 
     timelines, to ensure--
       (A) such level of, types of, and approaches to testing as 
     are described in paragraph (1), with respect to optimizing 
     health and safety;
       (B) sufficient availability of all necessary testing 
     materials and supplies, including extraction

[[Page H5330]]

     and testing kits, reagents, transport media, swabs, 
     instruments, analysis equipment, personal protective 
     equipment if necessary for testing (including point-of-care 
     testing), and other equipment;
       (C) allocation of testing materials and supplies in a 
     manner that optimizes public health, including by considering 
     the variable impact of SARS-CoV-2 on specific States, 
     territories, Indian Tribes, Tribal organizations, urban 
     Indian organizations, communities, industries, and 
     professions;
       (D) sufficient evidence of validation for tests that are 
     deployed as a part of such strategy;
       (E) sufficient laboratory and analytical capacity, 
     including target turnaround time for test results;
       (F) sufficient personnel, including personnel to collect 
     testing samples, conduct and analyze results, and conduct 
     testing follow-up, including contact tracing, as appropriate; 
     and
       (G) enforcement of the Families First Coronavirus Response 
     Act (Public Law 116-127) to ensure patients who are tested 
     are not subject to cost sharing;
       (3) specific plans to ensure adequate testing in rural 
     areas, frontier areas, health professional shortage areas, 
     and medically underserved areas (as defined in section 
     330I(a) of the Public Health Service Act (42 U.S.C. 254c-
     14(a))), and for underserved populations, Native Americans 
     (including Indian Tribes, Tribal organizations, and urban 
     Indian organizations), and populations at increased risk 
     related to COVID-19;
       (4) specific plans to ensure accessibility of testing to 
     people with disabilities, older individuals, and individuals 
     with underlying health conditions or weakened immune systems; 
     and
       (5) specific plans for broadly developing and implementing 
     testing for potential immunity in the United States, as 
     appropriate, in a manner sufficient--
       (A) to monitor and contribute to the control of SARS-CoV-2 
     in the United States;
       (B) to ensure that any reduction in social distancing 
     efforts, when determined appropriate by public health 
     officials, can be undertaken in a manner that optimizes the 
     health and safety of the people of the United States; and
       (C) to reduce disparities (including disparities related to 
     race, ethnicity, sex, age, disability status, socioeconomic 
     status, and geographic location) in the prevalence of, 
     incidence of, and health outcomes with respect to, COVID-19.
       (b) Coordination.--The Secretary shall carry out this 
     section--
       (1) in coordination with the Administrator of the Federal 
     Emergency Management Agency;
       (2) in collaboration with other agencies and departments, 
     as appropriate; and
       (3) taking into consideration the State plans for COVID-19 
     testing prepared as required under the heading ``Department 
     of Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620, 624).
       (c) Updates.--
       (1) Frequency.--The updated national plan under subsection 
     (a) shall be updated every 30 days until the end of the 
     public health emergency first declared by the Secretary under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     on January 31, 2020, with respect to COVID-19.
       (2) Relation to other law.--Paragraph (1) applies in lieu 
     of the requirement (for updates every 90 days until funds are 
     expended) in the second to last proviso under the heading 
     ``Department of Health and Human Services--Office of the 
     Secretary--Public Health and Social Service Emergency Fund'' 
     in title I of division B of the Paycheck Protection Program 
     and Health Care Enhancement Act (Public Law 116-139; 134 
     Stat. 620, 627).
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Appropriations and the Committee on 
     Energy and Commerce of the House of Representatives; and
       (2) the Committee on Appropriations and the Committee on 
     Health, Education, Labor and Pensions and of the Senate.

     SEC. 542. CENTRALIZED TESTING INFORMATION WEBSITE.

       The Secretary shall establish and maintain a public, 
     searchable webpage, to be updated and corrected as necessary 
     through a process established by the Secretary, on the 
     website of the Department of Health and Human Services that--
       (1) identifies all in vitro diagnostic and serological 
     tests used in the United States to analyze clinical specimens 
     for detection of SARS-CoV-2 or antibodies specific to SARS-
     CoV-2, including--
       (A) those tests--
       (i) that are approved, cleared, or authorized under section 
     510(k), 513, 515, or 564 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3);
       (ii) that have been validated by the test's developers for 
     use on clinical specimens and for which the developer has 
     notified the Food and Drug Administration of the developer's 
     intent to market the test consistent with applicable guidance 
     issued by the Secretary; or
       (iii) that have been developed and authorized by a State 
     that has notified the Secretary of the State's intention to 
     review tests intended to diagnose COVID-19; and
       (B) other SARS-CoV-2-related tests that the Secretary 
     determines appropriate in guidance, which may include tests 
     related to the monitoring of COVID-19 patient status;
       (2) provides relevant information, as determined by the 
     Secretary, on each test identified pursuant to paragraph (1), 
     which may include--
       (A) the name and contact information of the developer of 
     the test;
       (B) the date of receipt of notification by the Food and 
     Drug Administration of the developer's intent to market the 
     test;
       (C) the date of authorization for use of the test on 
     clinical specimens, where applicable;
       (D) the letter of authorization for use of the test on 
     clinical specimens, where applicable;
       (E) any fact sheets, manufacturer instructions, and package 
     inserts for the test, including information on intended use;
       (F) sensitivity and specificity of the test; and
       (G) in the case of tests distributed by commercial 
     manufacturers, the number of tests distributed and, if 
     available, the number of laboratories in the United States 
     with the required platforms installed to perform the test; 
     and
       (3) includes--
       (A) a list of laboratories certified under section 353 of 
     the Public Health Service Act (42 U.S.C. 263a; commonly 
     referred to as ``CLIA'') that--
       (i) meet the regulatory requirements under such section to 
     perform high- or moderate-complexity testing; and
       (ii) are authorized to perform SARS-CoV-2 diagnostic or 
     serological tests on clinical specimens; and
       (B) information on each laboratory identified pursuant to 
     subparagraph (A), including--
       (i) the name and address of the laboratory;
       (ii) the CLIA certificate number;
       (iii) the laboratory type;
       (iv) the certificate type; and
       (v) the complexity level.

     SEC. 543. MANUFACTURER REPORTING OF TEST DISTRIBUTION.

       (a) In General.--A commercial manufacturer of an in vitro 
     diagnostic or serological COVID-19 test shall, on a weekly 
     basis, submit a notification to the Secretary regarding 
     distribution of each such test, which notification--
       (1) shall include the number of tests distributed and the 
     entities to which the tests are distributed; and
       (2) may include the quantity of such tests distributed by 
     the manufacturer.
       (b) Confidentiality.--Nothing in this section shall be 
     construed as authorizing the Secretary to disclose any 
     information that is a trade secret or confidential 
     information subject to section 552(b)(4) of title 5, United 
     States Code, or section 1905 of title 18, United States Code.
       (c) Failure to Meet Requirements.--If a manufacturer fails 
     to submit a notification as required under subsection (a), 
     the following applies:
       (1) The Secretary shall issue a letter to such manufacturer 
     informing such manufacturer of such failure.
       (2) Not later than 7 calendar days after the issuance of a 
     letter under paragraph (1), the manufacturer to whom such 
     letter is issued shall submit to the Secretary a written 
     response to such letter--
       (A) setting forth the basis for noncompliance; and
       (B) providing information as required under subsection (a).
       (3) Not later than 14 calendar days after the issuance of a 
     letter under paragraph (1), the Secretary shall make such 
     letter and any response to such letter under paragraph (2) 
     available to the public on the internet website of the Food 
     and Drug Administration, with appropriate redactions made to 
     protect information described in subsection (b). The 
     preceding sentence shall not apply if the Secretary 
     determines that--
       (A) the letter under paragraph (1) was issued in error; or
       (B) after review of such response, the manufacturer had a 
     reasonable basis for not notifying as required under 
     subsection (a).

     SEC. 544. STATE TESTING REPORT.

       For any State that authorizes (or intends to authorize) one 
     or more laboratories in the State to develop and perform in 
     vitro diagnostic COVID-19 tests, the head of the department 
     or agency of such State with primary responsibility for 
     health shall--
       (1) notify the Secretary of such authorization (or 
     intention to authorize); and
       (2) provide the Secretary with a weekly report--
       (A) identifying all laboratories authorized (or intended to 
     be authorized) by the State to develop and perform in vitro 
     diagnostic COVID-19 tests;
       (B) including relevant information on all laboratories 
     identified pursuant to subparagraph (A), which may include 
     information on laboratory testing capacity;
       (C) identifying all in vitro diagnostic COVID-19 tests 
     developed and approved for clinical use in laboratories 
     identified pursuant to subparagraph (A); and
       (D) including relevant information on all tests identified 
     pursuant to subparagraph (C), which may include--
       (i) the name and contact information of the developer of 
     any such test;
       (ii) any fact sheets, manufacturer instructions, and 
     package inserts for any such test, including information on 
     intended use; and
       (iii) the sensitivity and specificity of any such test.

     SEC. 545. STATE LISTING OF TESTING SITES.

       Not later than 14 days after the date of enactment of this 
     Act, any State receiving funding or assistance under this 
     Act, as a condition on such receipt, shall establish and 
     maintain a public, searchable webpage on the official website 
     of the State that--
       (1) identifies all sites located in the State that provide 
     diagnostic or serological testing for SARS-CoV-2; and
       (2) provides appropriate contact information for SARS-CoV-2 
     testing sites pursuant to paragraph (1).

     SEC. 546. REPORTING OF COVID-19 TESTING RESULTS.

       (a) In General.--Every laboratory that performs or analyzes 
     a test that is intended to detect SARS-CoV-2 or to diagnose a 
     possible case

[[Page H5331]]

     of COVID-19 shall report daily the number of tests performed 
     and the results from each such test to the Secretary of 
     Health and Human Services and to the Secretary of Homeland 
     Security, in such form and manner as such Secretaries may 
     prescribe. Such information shall be made available to the 
     public in a searchable, electronic format as soon as is 
     practicable, and in no case later than one week after such 
     information is received.
       (b) Additional Reporting Requirements.--The Secretaries 
     specified in subsection (a)--
       (1) may specify additional reporting requirements under 
     this section by regulation, including by interim final rule, 
     or by guidance; and
       (2) may issue such regulations or guidance without regard 
     to the procedures otherwise required by section 553 of title 
     5, United States Code.

     SEC. 547. GAO REPORT ON DIAGNOSTIC TESTS.

       (a) GAO Study.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate a report 
     describing the response of entities described in subsection 
     (b) to the COVID-19 pandemic with respect to the development, 
     regulatory evaluation, and deployment of diagnostic tests.
       (b) Entities Described.--Entities described in this 
     subsection include--
       (1) laboratories, including public health, academic, 
     clinical, and commercial laboratories;
       (2) diagnostic test manufacturers;
       (3) State, local, Tribal, and territorial governments; and
       (4) the Food and Drug Administration, the Centers for 
     Disease Control and Prevention, the Centers for Medicare & 
     Medicaid Services, the National Institutes of Health, and 
     other relevant Federal agencies, as appropriate.
       (c) Contents.--The report under subsection (a) shall 
     include--
       (1) a description of actions taken by entities described in 
     subsection (b) to develop, evaluate, and deploy diagnostic 
     tests;
       (2) an assessment of the coordination of Federal agencies 
     in the development, regulatory evaluation, and deployment of 
     diagnostic tests;
       (3) an assessment of the standards used by the Food and 
     Drug Administration to evaluate diagnostic tests;
       (4) an assessment of the clarity of Federal agency guidance 
     related to testing, including the ability for individuals 
     without medical training to understand which diagnostic tests 
     had been evaluated by the Food and Drug Administration;
       (5) a description of--
       (A) actions taken and clinical processes employed by States 
     and territories that have authorized laboratories to develop 
     and perform diagnostic tests not authorized, approved, or 
     cleared by the Food and Drug Administration, including 
     actions of such States and territories to evaluate the 
     accuracy and sensitivity of such tests; and
       (B) the standards used by States and territories when 
     deciding when to authorize laboratories to develop or perform 
     diagnostic tests;
       (6) an assessment of the steps taken by laboratories and 
     diagnostic test manufacturers to validate diagnostic tests, 
     as well as the evidence collected by such entities to support 
     validation; and
       (7) based on available reports, an assessment of the 
     accuracy and sensitivity of a representative sample of 
     available diagnostic tests.
       (d) Definition.--In this section, the term ``diagnostic 
     test'' means an in vitro diagnostic product (as defined in 
     section 809.3(a) of title 21, Code of Federal Regulations) 
     for--
       (1) the detection of SARS-CoV-2;
       (2) the diagnosis of the virus that causes COVID-19; or
       (3) the detection of antibodies specific to SARS-CoV-2, 
     such as a serological test.

     SEC. 548. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.

       Subtitle C of title XXVIII of the Public Health Service Act 
     (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 2823. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.

       ``(a) Expanding CDC and Public Health Department 
     Capabilities.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall--
       ``(A) conduct activities to expand, enhance, and improve 
     applicable public health data systems used by the Centers for 
     Disease Control and Prevention, related to the 
     interoperability and improvement of such systems (including 
     as it relates to preparedness for, prevention and detection 
     of, and response to public health emergencies); and
       ``(B) award grants or cooperative agreements to State, 
     local, Tribal, or territorial public health departments for 
     the expansion and modernization of public health data 
     systems, to assist public health departments in--
       ``(i) assessing current data infrastructure capabilities 
     and gaps to improve and increase consistency in data 
     collection, storage, and analysis and, as appropriate, to 
     improve dissemination of public health-related information;
       ``(ii) improving secure public health data collection, 
     transmission, exchange, maintenance, and analysis;
       ``(iii) improving the secure exchange of data between the 
     Centers for Disease Control and Prevention, State, local, 
     Tribal, and territorial public health departments, public 
     health organizations, and health care providers, including by 
     public health officials in multiple jurisdictions within such 
     State, as appropriate, and by simplifying and supporting 
     reporting by health care providers, as applicable, pursuant 
     to State law, including through the use of health information 
     technology;
       ``(iv) enhancing the interoperability of public health data 
     systems (including systems created or accessed by public 
     health departments) with health information technology, 
     including with health information technology certified under 
     section 3001(c)(5);
       ``(v) supporting and training data systems, data science, 
     and informatics personnel;
       ``(vi) supporting earlier disease and health condition 
     detection, such as through near real-time data monitoring, to 
     support rapid public health responses;
       ``(vii) supporting activities within the applicable 
     jurisdiction related to the expansion and modernization of 
     electronic case reporting; and
       ``(viii) developing and disseminating information related 
     to the use and importance of public health data.
       ``(2) Data standards.--In carrying out paragraph (1), the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall, as appropriate and in 
     consultation with the Office of the National Coordinator for 
     Health Information Technology, designate data and technology 
     standards (including standards for interoperability) for 
     public health data systems, with deference given to standards 
     published by consensus-based standards development 
     organizations with public input and voluntary consensus-based 
     standards bodies.
       ``(3) Public-private partnerships.--The Secretary may 
     develop and utilize public-private partnerships for technical 
     assistance, training, and related implementation support for 
     State, local, Tribal, and territorial public health 
     departments, and the Centers for Disease Control and 
     Prevention, on the expansion and modernization of electronic 
     case reporting and public health data systems, as applicable.
       ``(b) Requirements.--
       ``(1) Health information technology standards.--The 
     Secretary may not award a grant or cooperative agreement 
     under subsection (a)(1)(B) unless the applicant uses or 
     agrees to use standards endorsed by the National Coordinator 
     for Health Information Technology pursuant to section 
     3001(c)(1) or adopted by the Secretary under section 3004.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1) with respect to an applicant if the 
     Secretary determines that the activities under subsection 
     (a)(1)(B) cannot otherwise be carried out within the 
     applicable jurisdiction.
       ``(3) Application.--A State, local, Tribal, or territorial 
     health department applying for a grant or cooperative 
     agreement under this section shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may require. Such application shall include 
     information describing--
       ``(A) the activities that will be supported by the grant or 
     cooperative agreement; and
       ``(B) how the modernization of the public health data 
     systems involved will support or impact the public health 
     infrastructure of the health department, including a 
     description of remaining gaps, if any, and the actions needed 
     to address such gaps.
       ``(c) Strategy and Implementation Plan.--Not later than 180 
     days after the date of enactment of this section, the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall submit to the Committee 
     on Health, Education, Labor and Pensions of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a coordinated strategy and an accompanying 
     implementation plan that identifies and demonstrates the 
     measures the Secretary will utilize to--
       ``(1) update and improve applicable public health data 
     systems used by the Centers for Disease Control and 
     Prevention; and
       ``(2) carry out the activities described in this section to 
     support the improvement of State, local, Tribal, and 
     territorial public health data systems.
       ``(d) Consultation.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall consult with State, local, Tribal, and territorial 
     health departments, professional medical and public health 
     associations, associations representing hospitals or other 
     health care entities, health information technology experts, 
     and other appropriate public or private entities regarding 
     the plan and grant program to modernize public health data 
     systems pursuant to this section. Activities under this 
     subsection may include the provision of technical assistance 
     and training related to the exchange of information by such 
     public health data systems used by relevant health care and 
     public health entities at the local, State, Federal, Tribal, 
     and territorial levels, and the development and utilization 
     of public-private partnerships for implementation support 
     applicable to this section.
       ``(e) Report to Congress.--Not later than 1 year after the 
     date of enactment of this section, the Secretary shall submit 
     a report to the Committee on Health, Education, Labor and 
     Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives that includes--
       ``(1) a description of any barriers to--
       ``(A) public health authorities implementing interoperable 
     public health data systems and electronic case reporting;
       ``(B) the exchange of information pursuant to electronic 
     case reporting; or
       ``(C) reporting by health care providers using such public 
     health data systems, as appropriate, and pursuant to State 
     law;
       ``(2) an assessment of the potential public health impact 
     of implementing electronic case reporting and interoperable 
     public health data systems; and

[[Page H5332]]

       ``(3) a description of the activities carried out pursuant 
     to this section.
       ``(f) Electronic Case Reporting.--In this section, the term 
     `electronic case reporting' means the automated 
     identification, generation, and bilateral exchange of reports 
     of health events among electronic health record or health 
     information technology systems and public health authorities.
       ``(g) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $450,000,000 
     to remain available until expended.''.

     SEC. 549. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE.

       (a) In General.--The Secretary shall award grants to States 
     and political subdivisions of States to support the 
     improvement, renovation, or modernization of infrastructure 
     at clinical laboratories (as defined in section 353 of the 
     Public Health Service Act (42 U.S.C. 263a)) that will help to 
     improve SARS-CoV-2 and COVID-19 testing and response 
     activities, including the expansion and enhancement of 
     testing capacity at such laboratories.
       (b) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $1,000,000,000 to remain available until expended.

     SEC. 550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL, 
                   TRIBAL, AND TERRITORIAL HEALTH DEPARTMENTS.

       (a) Program.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, shall 
     establish a core public health infrastructure program 
     consisting of awarding grants under subsection (b).
       (b) Grants.--
       (1) Award.--For the purpose of addressing core public 
     health infrastructure needs, the Secretary--
       (A) shall award a grant to each State health department; 
     and
       (B) may award grants on a competitive basis to State, 
     local, Tribal, or territorial health departments.
       (2) Allocation.--Of the total amount of funds awarded as 
     grants under this subsection for a fiscal year--
       (A) not less than 50 percent shall be for grants to State 
     health departments under paragraph (1)(A); and
       (B) not less than 30 percent shall be for grants to State, 
     local, Tribal, or territorial health departments under 
     paragraph (1)(B).
       (c) Use of Funds.--A State, local, Tribal, or territorial 
     health department receiving a grant under subsection (b) 
     shall use the grant funds to address core public health 
     infrastructure needs, including those identified in the 
     accreditation process under subsection (g).
       (d) Formula Grants to State Health Departments.--In making 
     grants under subsection (b)(1)(A), the Secretary shall award 
     funds to each State health department in accordance with--
       (1) a formula based on population size; burden of 
     preventable disease and disability; and core public health 
     infrastructure gaps, including those identified in the 
     accreditation process under subsection (g); and
       (2) application requirements established by the Secretary, 
     including a requirement that the State health department 
     submit a plan that demonstrates to the satisfaction of the 
     Secretary that the State's health department will--
       (A) address its highest priority core public health 
     infrastructure needs; and
       (B) as appropriate, allocate funds to local health 
     departments within the State.
       (e) Competitive Grants to State, Local, Tribal, and 
     Territorial Health Departments.--In making grants under 
     subsection (b)(1)(B), the Secretary shall give priority to 
     applicants demonstrating core public health infrastructure 
     needs identified in the accreditation process under 
     subsection (g).
       (f) Maintenance of Effort.--The Secretary may award a grant 
     to an entity under subsection (b) only if the entity 
     demonstrates to the satisfaction of the Secretary that--
       (1) funds received through the grant will be expended only 
     to supplement, and not supplant, non-Federal and Federal 
     funds otherwise available to the entity for the purpose of 
     addressing core public health infrastructure needs; and
       (2) with respect to activities for which the grant is 
     awarded, the entity will maintain expenditures of non-Federal 
     amounts for such activities at a level not less than the 
     level of such expenditures maintained by the entity for the 
     fiscal year preceding the fiscal year for which the entity 
     receives the grant.
       (g) Establishment of a Public Health Accreditation 
     Program.--
       (1) In general.--The Secretary shall--
       (A) develop, and periodically review and update, standards 
     for voluntary accreditation of State, local, Tribal, and 
     territorial health departments and public health laboratories 
     for the purpose of advancing the quality and performance of 
     such departments and laboratories; and
       (B) implement a program to accredit such health departments 
     and laboratories in accordance with such standards.
       (2) Cooperative agreement.--The Secretary may enter into a 
     cooperative agreement with a private nonprofit entity to 
     carry out paragraph (1).
       (h) Report.--The Secretary shall submit to the Congress an 
     annual report on progress being made to accredit entities 
     under subsection (g), including--
       (1) a strategy, including goals and objectives, for 
     accrediting entities under subsection (g) and achieving the 
     purpose described in subsection (g)(1)(A);
       (2) identification of gaps in research related to core 
     public health infrastructure; and
       (3) recommendations of priority areas for such research.
       (i) Definition.--In this section, the term ``core public 
     health infrastructure'' includes--
       (1) workforce capacity and competency;
       (2) laboratory systems;
       (3) testing capacity, including test platforms, mobile 
     testing units, and personnel;
       (4) health information, health information systems, and 
     health information analysis;
       (5) disease surveillance;
       (6) contact tracing;
       (7) communications;
       (8) financing;
       (9) other relevant components of organizational capacity; 
     and
       (10) other related activities.
       (j) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated 
     $6,000,000,000, to remain available until expended.

     SEC. 551. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES 
                   FOR CDC.

       (a) In General.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, shall 
     expand and improve the core public health infrastructure and 
     activities of the Centers for Disease Control and Prevention 
     to address unmet and emerging public health needs.
       (b) Report.--The Secretary shall submit to the Congress an 
     annual report on the activities funded through this section.
       (c) Definition.--In this section, the term ``core public 
     health infrastructure'' has the meaning given to such term in 
     section 550.
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $1,000,000,000, to remain available until expended.

  Subtitle D--COVID-19 National Testing and Contact Tracing Initiative

     SEC. 561. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT 
                   TRACING, SURVEILLANCE, CONTAINMENT, AND 
                   MITIGATION.

       (a) In General.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, and in 
     coordination with State, local, Tribal, and territorial 
     health departments, shall establish and implement a 
     nationwide evidence-based system for--
       (1) testing, contact tracing, surveillance, containment, 
     and mitigation with respect to COVID-19;
       (2) offering guidance on voluntary isolation and quarantine 
     of individuals infected with, or exposed to individuals 
     infected with, the virus that causes COVID-19; and
       (3) public reporting on testing, contact tracing, 
     surveillance, and voluntary isolation and quarantine 
     activities with respect to COVID-19.
       (b) Coordination; Technical Assistance.--In carrying out 
     the national system under this section, the Secretary shall--
       (1) coordinate State, local, Tribal, and territorial 
     activities related to testing, contact tracing, surveillance, 
     containment, and mitigation with respect to COVID-19, as 
     appropriate; and
       (2) provide technical assistance for such activities, as 
     appropriate.
       (c) Consideration.--In establishing and implementing the 
     national system under this section, the Secretary shall take 
     into consideration--
       (1) the State plans referred to in the heading ``Public 
     Health and Social Services Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139); and
       (2) the testing strategy submitted under section 541.
       (d) Reporting.--The Secretary shall--
       (1) not later than one month after the date of the 
     enactment of this Act, submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions a preliminary report on 
     the effectiveness of the activities carried out pursuant to 
     this subtitle; and
       (2) not later than three months after the end of the public 
     health emergency declared pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) with respect to 
     COVID-19, submit to such committees a final report on such 
     effectiveness.

     SEC. 562. GRANTS.

       (a) In General.--To implement the national system under 
     section 561, the Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, shall, 
     subject to the availability of appropriations, award grants 
     to State, local, Tribal, and territorial health departments 
     that seek grants under this section to carry out coordinated 
     testing, contact tracing, surveillance, containment, and 
     mitigation with respect to COVID-19, including--
       (1) diagnostic and surveillance testing and reporting;
       (2) community-based contact tracing efforts; and
       (3) policies related to voluntary isolation and quarantine 
     of individuals infected with, or exposed to individuals 
     infected with, the virus that causes COVID-19.
       (b) Flexibility.--The Secretary shall ensure that--
       (1) the grants under subsection (a) provide flexibility for 
     State, local, Tribal, and territorial health departments to 
     modify, establish, or maintain evidence-based systems; and
       (2) local health departments receive funding from State 
     health departments or directly from the Centers for Disease 
     Control and Prevention to contribute to such systems, as 
     appropriate.
       (c) Allocations.--
       (1) Formula.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, shall 
     allocate amounts made available pursuant to subsection (a) in 
     accordance with a formula to be established by the Secretary 
     that provides a minimum level of funding to each State, 
     local, Tribal, and territorial health department that seeks a 
     grant under this section and allocates additional funding 
     based on the following prioritization:

[[Page H5333]]

       (A) The Secretary shall give highest priority to applicants 
     proposing to serve populations in one or more geographic 
     regions with a high burden of COVID-19 based on data provided 
     by the Centers for Disease Control and Prevention, or other 
     sources as determined by the Secretary.
       (B) The Secretary shall give second highest priority to 
     applicants preparing for, or currently working to mitigate, a 
     COVID-19 surge in a geographic region that does not yet have 
     a high number of reported cases of COVID-19 based on data 
     provided by the Centers for Disease Control and Prevention, 
     or other sources as determined by the Secretary.
       (C) The Secretary shall give third highest priority to 
     applicants proposing to serve high numbers of low-income and 
     uninsured populations, including medically underserved 
     populations (as defined in section 330(b)(3) of the Public 
     Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), racial 
     and ethnic minorities, or geographically diverse areas, as 
     determined by the Secretary.
       (2) Notification.--Not later than the date that is one week 
     before first awarding grants under this section, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions of the Senate a 
     notification detailing the formula established under 
     paragraph (1) for allocating amounts made available pursuant 
     to subsection (a).
       (d) Use of Funds.--A State, local, Tribal, and territorial 
     health department receiving a grant under this section shall, 
     to the extent possible, use the grant funds for the following 
     activities, or other activities deemed appropriate by the 
     Director of the Centers for Disease Control and Prevention:
       (1) Testing.--To implement a coordinated testing system 
     that--
       (A) leverages or modernizes existing testing infrastructure 
     and capacity;
       (B) is consistent with the updated testing strategy 
     required under section 541;
       (C) is coordinated with the State plan for COVID-19 testing 
     prepared as required under the heading ``Department of Health 
     and Human Services--Office of the Secretary--Public Health 
     and Social Service Emergency Fund'' in title I of division B 
     of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620, 624);
       (D) is informed by contact tracing and surveillance 
     activities under this subtitle;
       (E) is informed by guidelines established by the Centers 
     for Disease Control and Prevention for which populations 
     should be tested;
       (F) identifies how diagnostic and serological tests in such 
     system shall be validated prior to use;
       (G) identifies how diagnostic and serological tests and 
     testing supplies will be distributed to implement such 
     system;
       (H) identifies specific strategies for ensuring testing 
     capabilities and accessibility in racial and ethnic minority 
     populations;
       (I) identifies specific strategies for ensuring testing 
     capabilities and accessibility in medically underserved 
     populations (as defined in section 330(b)(3) of the Public 
     Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), and 
     geographically diverse areas, as determined by the Secretary;
       (J) identifies how testing may be used, and results may be 
     reported, in both health care settings (such as hospitals, 
     laboratories for moderate or high-complexity testing, 
     pharmacies, mobile testing units, and community health 
     centers) and non-health care settings (such as workplaces, 
     schools, childcare centers, or drive-throughs);
       (K) allows for testing in sentinel surveillance programs, 
     as appropriate; and
       (L) supports the procurement and distribution of diagnostic 
     and serological tests and testing supplies to meet the goals 
     of the system.
       (2) Contact tracing.--To implement a coordinated contact 
     tracing system that--
       (A) leverages or modernizes existing contact tracing 
     systems and capabilities, including community health workers, 
     health departments, and Federally qualified health centers;
       (B) is able to investigate cases of COVID-19, and help to 
     identify other potential cases of COVID-19, through tracing 
     contacts of individuals with positive diagnoses;
       (C) establishes culturally competent and multilingual 
     strategies for contact tracing, addressing the specific needs 
     of racial and ethnic minority populations, which may include 
     consultation with and support from faith-based, nonprofit, 
     cultural or civic organizations with established ties to the 
     community;
       (D) establishes culturally competent and multilingual 
     strategies for contact tracing, addressing the specific needs 
     of medically underserved populations (as defined in section 
     330(b)(3) of the Public Health Service Act (42 U.S.C. 
     254b(b)(3))), health professional shortage areas (as defined 
     under section 332(a) of the Public Health Service Act(42 
     U.S.C. 2324 254e(a)));
       (E) provides individuals identified under the contact 
     tracing program with information and support for containment 
     or mitigation;
       (F) enables State, local, Tribal, and territorial health 
     departments to work with a nongovernmental, community partner 
     or partners and State and local workforce development systems 
     (as defined in section 3(67) of Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102(67))) receiving grants under 
     section 566(b) of this Act to hire and compensate a locally-
     sourced contact tracing workforce, if necessary, to 
     supplement the public health workforce, to--
       (i) identify the number of contact tracers needed for the 
     respective State, locality, territorial, or Tribal health 
     department to identify all cases of COVID-19 currently in the 
     jurisdiction and those anticipated to emerge over the next 18 
     months in such jurisdiction;
       (ii) outline qualifications necessary for contact tracers;
       (iii) train the existing and newly hired public health 
     workforce on best practices related to tracing close contacts 
     of individuals diagnosed with COVID-19, including the 
     protection of individual privacy and cybersecurity 
     protection; and
       (iv) equip the public health workforce with tools and 
     resources to enable a rapid response to new cases;
       (G) identifies the level of contact tracing needed within 
     the State, locality, territory, or Tribal area to contain and 
     mitigate the transmission of COVID-19; and
       (H) establishes statewide mechanisms to integrate regular 
     evaluation to the Centers for Disease Control and Prevention 
     regarding contact tracing efforts, makes such evaluation 
     publicly available, and to the extent possible provides for 
     such evaluation at the county level.
       (3) Surveillance.--To strengthen the existing public health 
     surveillance system that--
       (A) leverages or modernizes existing surveillance systems 
     within the respective State, local, Tribal, or territorial 
     health department and national surveillance systems;
       (B) detects and identifies trends in COVID-19 at the county 
     level;
       (C) evaluates State, local, Tribal, and territorial health 
     departments in achieving surveillance capabilities with 
     respect to COVID-19;
       (D) integrates and improves disease surveillance and 
     immunization tracking;
       (E) identifies specific strategies for ensuring disease 
     surveillance in racial and ethnic minority populations; and
       (F) identifies specific strategies for ensuring disease 
     surveillance in medically underserved populations (as defined 
     in section 330(b)(3) of the Public Health Service Act (42 
     U.S.C. 254b(b)(3))), health professional shortage areas (as 
     defined under section 332(a) of the Public Health Service Act 
     (42 U.S.C. 254e(a))), and geographically diverse areas, as 
     determined by the Secretary.
       (4) Containment and mitigation.--To implement a coordinated 
     containment and mitigation system that--
       (A) leverages or modernizes existing containment and 
     mitigation strategies within the respective State, local, 
     Tribal, or territorial governments and national containment 
     and mitigation strategies;
       (B) may provide for, connect to, and leverage existing 
     social services and support for individuals who have been 
     infected with or exposed to COVID-19 and who are isolated or 
     quarantined in their homes, such as through--
       (i) food assistance programs;
       (ii) guidance for household infection control;
       (iii) information and assistance with childcare services; 
     and
       (iv) information and assistance pertaining to support 
     available under the CARES Act (Public Law 116-136) and this 
     Act;
       (C) provides guidance on the establishment of safe, high-
     quality, facilities for the voluntary isolation of 
     individuals infected with, or quarantine of the contacts of 
     individuals exposed to COVID-19, where hospitalization is not 
     required, which facilities should--
       (i) be prohibited from making inquiries relating to the 
     citizenship status of an individual isolated or quarantined; 
     and
       (ii) be operated by a non-Federal, community partner or 
     partners that--

       (I) have previously established relationships in 
     localities;
       (II) work with local places of worship, community centers, 
     medical facilities, and schools to recruit local staff for 
     such facilities; and
       (III) are fully integrated into State, local, Tribal, or 
     territorial containment and mitigation efforts;

       (D) identifies specific strategies for ensuring containment 
     and mitigation activities in racial and ethnic minority 
     populations; and
       (E) identifies specific strategies for ensuring containment 
     and mitigation activities in medically underserved 
     populations (as defined in section 330(b)(3) of the Public 
     Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), and 
     geographically diverse areas, as determined by the Secretary.
       (e) Reporting.--The Secretary shall facilitate mechanisms 
     for timely, standardized reporting by grantees under this 
     section regarding implementation of the systems established 
     under this section and coordinated processes with the 
     reporting as required and under the heading ``Department of 
     Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139, 134 Stat. 620), 
     including--
       (1) a summary of county or local health department level 
     information from the States receiving funding, and 
     information from directly funded localities, territories, and 
     Tribal entities, about the activities that will be undertaken 
     using funding awarded under this section, including 
     subgrants;
       (2) any anticipated shortages of required materials for 
     testing for COVID-19 under subsection (a); and
       (3) other barriers in the prevention, mitigation, or 
     treatment of COVID-19 under this section.
       (f) Public Listing of Awards.--The Secretary shall--
       (1) not later than 7 days after first awarding grants under 
     this section, post in a searchable, electronic format a list 
     of all awards made by the Secretary under this section, 
     including the recipients and amounts of such awards; and

[[Page H5334]]

       (2) update such list not less than every 7 days until all 
     funds made available to carry out this section are expended.

     SEC. 563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMATION, AND 
                   COMMUNICATION.

       (a) In General.-- Not later than 14 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with other Federal agencies, as appropriate, shall issue 
     guidance, provide technical assistance, and provide 
     information to States, localities, Tribes, and territories, 
     with respect to the following:
       (1) The diagnostic and serological testing of individuals 
     identified through contact tracing for COVID-19, including 
     information with respect to the reduction of duplication 
     related to programmatic activities, reporting, and billing.
       (2) Best practices regarding contact tracing, including the 
     collection of data with respect to such contact tracing and 
     requirements related to the standardization of demographic 
     and syndromic information collected as part of contact 
     tracing efforts.
       (3) Best practices regarding COVID-19 disease surveillance, 
     including best practices to reduce duplication in 
     surveillance activities, identifying gaps in surveillance and 
     surveillance systems, and ways in which the Secretary plans 
     to effectively support State, local, Tribal and territorial 
     health departments in addressing such gaps.
       (4) Information on ways for State, local, Tribal, and 
     territorial health departments to establish and maintain the 
     testing, contact tracing, and surveillance activities 
     described in paragraphs (1) through (3).
       (5) The protection of any personally identifiable health 
     information collected pursuant to this subtitle.
       (6) Best practices regarding privacy and cybersecurity 
     protection related to contact tracing, containment, and 
     mitigation efforts.
       (7) Best practices related to improving public compliance 
     for isolation and containment measures and reaching medically 
     underserved communities.
       (b) Guidance on Payment.--Not later than 14 days after the 
     date of the enactment of this Act, the Secretary, in 
     coordination with the Administrator of the Centers for 
     Medicare & Medicaid Services, the Director of the Centers for 
     Disease Control and Prevention, and in coordination with 
     other Federal agencies, as appropriate, shall develop and 
     issue to State, local, Tribal, and territorial health 
     departments clear guidance and policies--
       (1) with respect to the coordination of claims submitted 
     for payment out of the Public Health and Social Services 
     Emergency Fund for services furnished in a facility referred 
     to in section 562(d)(4)(C);
       (2) identifying how an individual who is isolated or 
     quarantined at home or in such a facility--
       (A) incurs no out-of-pocket costs for any services 
     furnished to such individual while isolated; and
       (B) may receive income support for lost earnings or 
     payments for expenses such as child care or elder care while 
     such individual is isolated at home or in such a facility;
       (3) providing information and assistance pertaining to 
     support available under the CARES Act (Public Law 116-136) 
     and this Act; and
       (4) identifying State, local, Tribal, and territorial 
     health departments or partner agencies that may provide 
     social support services, such as groceries or meals, health 
     education, internet access, and behavioral health services, 
     to individuals who isolated or quarantined at home or in such 
     a facility.
       (c) Guidance on Testing.--Not later than 14 days after the 
     date of the enactment of this Act, the Secretary, in 
     coordination with the Commissioner of Food and Drugs, the 
     Director of the National Institutes of Health, and the 
     Director of the Centers for Disease Control and Prevention, 
     and in coordination with other Federal agencies as 
     appropriate, shall develop and issue to State, local, Tribal, 
     and territorial health departments clear guidance and 
     policies regarding--
       (1) objective standards to characterize the performance of 
     all diagnostic and serological tests for COVID-19 in order to 
     independently evaluate tests continuously over time;
       (2) protocols for the evaluation of the performance of 
     diagnostic and serological tests for COVID-19; and
       (3) a repository of characterized specimens to use to 
     evaluate the performance of those tests that can be made 
     available for appropriate entities to use to evaluate 
     performance.
       (d) Communication.--The Secretary shall identify and 
     publicly announce the form and manner for communication with 
     State, local, Tribal, and territorial health departments for 
     purposes of carrying out the activities addressed by guidance 
     issued under subsections (a) and (b).
       (e) Availability to Providers.--Guidance issued under 
     subsection (a)(1) shall be issued to health care providers.
       (f) Ongoing Provision of Guidance and Technical 
     Assistance.--Notwithstanding whether funds are available 
     specifically to carry out this subtitle, guidance and 
     technical assistance shall continue to be provided under this 
     section.

     SEC. 564. RESEARCH AND DEVELOPMENT.

       The Secretary, in coordination with the Director of the 
     Centers for Disease Control and Prevention and in 
     collaboration with the Director of the National Institutes of 
     Health, the Director of the Agency for Healthcare Research 
     and Quality, the Commissioner of Food and Drugs, and the 
     Administrator of the Centers for Medicare & Medicaid 
     Services, shall support research and development on more 
     efficient and effective strategies--
       (1) for the surveillance of SARS-CoV-2 and COVID-19;
       (2) for the testing and identification of individuals 
     infected with COVID-19; and
       (3) for the tracing of contacts of individuals infected 
     with COVID-19.

     SEC. 565. AWARENESS CAMPAIGNS.

       The Secretary, acting through the Director of the Centers 
     for Disease Control and Prevention and in coordination with 
     other offices and agencies, as appropriate, shall award 
     competitive grants or contracts to one or more public or 
     private entities, including faith-based organizations, to 
     carry out multilingual and culturally appropriate awareness 
     campaigns. Such campaigns shall--
       (1) be based on available scientific evidence;
       (2) increase awareness and knowledge of COVID-19, including 
     countering stigma associated with COVID-19;
       (3) improve information on the availability of COVID-19 
     diagnostic testing; and
       (4) promote cooperation with contact tracing efforts.

     SEC. 566. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise provided, the terms in 
     this section have the meanings given the terms in section 3 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3102).
       (2) Apprenticeship; apprenticeship program.--The term 
     ``apprenticeship'' or ``apprenticeship program'' means an 
     apprenticeship program registered under the Act of August 16, 
     1937 (commonly known as the ``National Apprenticeship Act'') 
     (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including 
     any requirement, standard, or rule promulgated under such 
     Act, as such requirement, standard, or rule was in effect on 
     December 30, 2019.
       (3) Contact tracing and related positions.--The term 
     ``contact tracing and related positions'' means employment 
     related to contact tracing, surveillance, containment, and 
     mitigation activities as described in paragraphs (2), (3), 
     and (4) of section 562(d).
       (4) Eligible entity.--The term ``eligible entity'' means--
       (A) a State or territory, including the District of 
     Columbia and Puerto Rico;
       (B) an Indian Tribe, Tribal organization, Alaska Native 
     entity, Indian-controlled organizations serving Indians, or 
     Native Hawaiian organizations;
       (C) an outlying area; or
       (D) a local board, if an eligible entity under 
     subparagraphs (A) through (C) has not applied with respect to 
     the area over which the local board has jurisdiction as of 
     the date on which the local board submits an application 
     under subsection (c).
       (5) Eligible individual.--Notwithstanding section 170(b)(2) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3225(b)(2)), the term ``eligible individual'' means an 
     individual seeking or securing employment in contact tracing 
     and related positions and served by an eligible entity or 
     community-based organization receiving funding under this 
     section.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (b) Grants.--
       (1) In general.--Subject to the availability of 
     appropriations under subsection (g), the Secretary shall 
     award national dislocated worker grants under section 
     170(b)(1)(B) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks 
     a grant to assist local boards and community-based 
     organizations in carrying out activities under subsections 
     (f) and (d), respectively, for the following purposes:
       (A) To support the recruitment, placement, and training, as 
     applicable, of eligible individuals seeking employment in 
     contact tracing and related positions in accordance with the 
     national system for COVID-19 testing, contact tracing, 
     surveillance, containment, and mitigation established under 
     section 561.
       (B) To assist with the employment transition to new 
     employment or education and training of individuals employed 
     under this section in preparation for and upon termination of 
     such employment.
       (2) Timeline.--The Secretary of Labor shall--
       (A) issue application requirements under subsection (c) not 
     later than 10 days after the date of enactment of this 
     section; and
       (B) award grants to an eligible entity under paragraph (1) 
     not later than 10 days after the date on which the Secretary 
     receives an application from such entity.
       (c) Grant Application.--An eligible entity applying for a 
     grant under this section shall submit an application to the 
     Secretary, at such time and in such form and manner as the 
     Secretary may reasonably require, which shall include a 
     description of--
       (1) how the eligible entity will support the recruitment, 
     placement, and training, as applicable, of eligible 
     individuals seeking employment in contact tracing and related 
     positions by partnering with--
       (A) a State, local, Tribal, or territorial health 
     department; or
       (B) one or more nonprofit or community-based organizations 
     partnering with such health departments;
       (2) how the activities described in paragraph (1) will 
     support State efforts to address the demand for contact 
     tracing and related positions with respect to--
       (A) the State plans referred to in the heading ``Public 
     Health and Social Services Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139);
       (B) the testing strategy submitted under section 541; and
       (C) the number of eligible individuals that the State plans 
     to recruit and train under the plans

[[Page H5335]]

     and strategies described in subparagraphs (A) and (B);
       (3) the specific strategies for recruiting and placement of 
     eligible individuals from or residing within the communities 
     in which they will work, including--
       (A) plans for the recruitment of eligible individuals to 
     serve as contact tracers and related positions, including 
     dislocated workers, individuals with barriers to employment, 
     veterans, new entrants in the workforce, or underemployed or 
     furloughed workers, who are from or reside in or near the 
     local area in which they will serve, and who, to the extent 
     practicable--
       (i) have experience or a background in industry-sectors and 
     occupations such as public health, social services, customer 
     service, case management, or occupations that require related 
     qualifications, skills, or competencies, such as strong 
     interpersonal and communication skills, needed for contact 
     tracing and related positions, as described in section 
     562(d)(2)(E)(ii); or
       (ii) seek to transition to public health and public health 
     related occupations upon the conclusion of employment in 
     contact tracing and related positions; and
       (B) how such strategies will take into account the 
     diversity of such community, including racial, ethnic, 
     socioeconomic, linguistic, or geographic diversity;
       (4) the amount, timing, and mechanisms for distribution of 
     funds provided to local boards or through subgrants as 
     described in subsection (d);
       (5) for eligible entities described in subparagraphs (A) 
     through (C) of subsection (a)(4), a description of how the 
     eligible entity will ensure the equitable distribution of 
     funds with respect to--
       (A) geography (such as urban and rural distribution);
       (B) medically underserved populations (as defined in 
     section 33(b)(3) of the Public Health Service Act (42 U.S.C. 
     254b(b)));
       (C) health professional shortage areas (as defined under 
     section 332(a) of the Public Health Service Act (42 U.S.C. 
     254e(a))); and
       (D) the racial and ethnic diversity of the area; and
       (6) for eligible entities who are local boards, a 
     description of how a grant to such eligible entity would 
     serve the equitable distribution of funds as described in 
     paragraph (5).
       (d) Subgrant Authorization and Application Process.--
       (1) In general.--An eligible entity may award a subgrant to 
     one or more community-based organizations for the purposes of 
     partnering with a State or local board to conduct outreach 
     and education activities to inform potentially eligible 
     individuals about employment opportunities in contact tracing 
     and related positions.
       (2) Application.--A community-based organization shall 
     submit an application at such time and in such manner as the 
     eligible entity may reasonably require, including--
       (A) a demonstration of the community-based organization's 
     established expertise and effectiveness in community outreach 
     in the local area that such organization plans to serve;
       (B) a demonstration of the community-based organization's 
     expertise in providing employment or public health 
     information to the local areas in which such organization 
     plans to serve; and
       (C) a description of the expertise of the community-based 
     organization in utilizing culturally competent and 
     multilingual strategies in the provision of services.
       (e) Grant Distribution.--
       (1) Federal distribution.--
       (A) Use of funds.-- The Secretary of Labor shall use the 
     funds appropriated to carry out this section as follows:
       (i) Subject to clause (ii), the Secretary shall distribute 
     funds among eligible entities in accordance with a formula to 
     be established by the Secretary that provides a minimum level 
     of funding to each eligible entity that seeks a grant under 
     this section and allocates additional funding as follows:

       (I) The formula shall give first priority based on the 
     number and proportion of contact tracing and related 
     positions that the State plans to recruit, place, and train 
     individuals as a part of the State strategy described in 
     subsection (c)(2)(A).
       (II) Subject to subclause (I), the formula shall give 
     priority in accordance with section 562(c).

       (ii) Not more than 2 percent of the funding for 
     administration of the grants and for providing technical 
     assistance to recipients of funds under this section.
       (B) Equitable distribution.--If the geographic region 
     served by one or more eligible entities overlaps, the 
     Secretary shall distribute funds among such entities in such 
     a manner that ensures equitable distribution with respect to 
     the factors under subsection (c)(5).
       (2) Eligible entity use of funds.--An eligible entity 
     described in subparagraphs (A) through (C) of subsection 
     (a)(4)--
       (A) shall, not later than 30 days after the date on which 
     the entity receives grant funds under this section, provide 
     not less than 70 percent of grant funds to local boards for 
     the purpose of carrying out activities in subsection (f);
       (B) may use up to 20 percent of such funds to make 
     subgrants to community-based organizations in the service 
     area to conduct outreach, to potential eligible individuals, 
     as described in subsection (d);
       (C) in providing funds to local boards and awarding 
     subgrants under this subsection shall ensure the equitable 
     distribution with respect to the factors described in 
     subsection (c)(5); and
       (D) may use not more than 10 percent of the funds awarded 
     under this section for the administrative costs of carrying 
     out the grant and for providing technical assistance to local 
     boards and community-based organizations.
       (3) Local board use of funds.--A local board, or an 
     eligible entity that is a local board, shall use--
       (A) not less than 60 percent of the funds for recruitment 
     and training for COVID-19 testing, contact tracing, 
     surveillance, containment, and mitigation established under 
     section 561;
       (B) not less than 30 of the funds to support the transition 
     of individuals hired as contact tracers and related positions 
     into an education or training program, or unsubsidized 
     employment upon completion of such positions; and
       (C) not more than 10 percent of the funds for 
     administrative costs.
       (f) Eligible Activities.--The State or local boards shall 
     use funds awarded under this section to support the 
     recruitment and placement of eligible individuals, training 
     and employment transition as related to contact tracing and 
     related positions, and for the following activities:
       (1) Establishing or expanding partnerships with--
       (A) State, local, Tribal, and territorial public health 
     departments;
       (B) community-based health providers, including community 
     health centers and rural health clinics;
       (C) labor organizations or joint labor management 
     organizations;
       (D) two-year and four-year institutions of higher education 
     (as defined in section 101 of the Higher Education Act of 
     1965 (20 U.S.C. 1001)), including institutions eligible to 
     receive funds under section 371(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1067q(a)); and
       (E) community action agencies or other community-based 
     organizations serving local areas in which there is a demand 
     for contact tracing and related positions.
       (2) Providing training for contact tracing and related 
     positions in coordination with State, local, Tribal, or 
     territorial health departments that is consistent with the 
     State or territorial testing and contact tracing strategy, 
     and ensuring that eligible individuals receive compensation 
     while participating in such training.
       (3) Providing eligible individuals with--
       (A) adequate and safe equipment, environments, and 
     facilities for training and supervision, as applicable;
       (B) information regarding the wages and benefits related to 
     contact tracing and related positions, as compared to State, 
     local, and national averages;
       (C) supplies and equipment needed by the eligible 
     individuals to support placement of an individual in contact 
     tracing and related positions, as applicable;
       (D) an individualized employment plan for each eligible 
     individual, as applicable--
       (i) in coordination with the entity employing the eligible 
     individual in a contact tracing and related positions; and
       (ii) which shall include providing a case manager to work 
     with each eligible individual to develop the plan, which may 
     include--

       (I) identifying employment and career goals, and setting 
     appropriate achievement objectives to attain such goals; and
       (II) exploring career pathways that lead to in-demand 
     industries and sectors, including in public health and 
     related occupations; and

       (E) services for the period during which the eligible 
     individual is employed in a contact tracing and related 
     position to ensure job retention, which may include--
       (i) supportive services throughout the term of employment;
       (ii) a continuation of skills training as related to 
     employment in contact tracing and related positions, that is 
     conducted in collaboration with the employers of such 
     individuals;
       (iii) mentorship services and job retention support for 
     eligible individuals; or
       (iv) targeted training for managers and workers working 
     with eligible individuals (such as mentors), and human 
     resource representatives;
       (4) Supporting the transition and placement in unsubsidized 
     employment for eligible individuals serving in contact 
     tracing and related positions after such positions are no 
     longer necessary in the State or local area, including--
       (A) any additional training and employment activities as 
     described in section 170(d)(4) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3225(d)(4));
       (B) developing the appropriate combination of services to 
     enable the eligible individual to achieve the employment and 
     career goals identified under paragraph (3)(D)(ii)(I); and
       (C) services to assist eligible individuals in maintaining 
     employment for not less than 12 months after the completion 
     of employment in contact tracing and related positions, as 
     appropriate.
       (5) Any other activities as described in subsections (a)(3) 
     and (b) of section 134 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3174).
       (g) Limitation.--Notwithstanding section 170(d)(3)(A) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3225(d)(3)(A)), a person may be employed in a contact tracing 
     and related positions using funds under this section for a 
     period not greater than 2 years.
       (h) Reporting by the Department of Labor.--
       (1) In general.--Not later than 120 days of the enactment 
     of this Act, and once grant funds have been expended under 
     this section, the Secretary shall report to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate, and make publicly available a report containing a 
     description of--
       (A) the number of eligible individuals recruited, hired, 
     and trained in contact tracing and related positions;
       (B) the number of individuals successfully transitioned to 
     unsubsidized employment or training at the completion of 
     employment in contact tracing and related positions using 
     funds under this subtitle;

[[Page H5336]]

       (C) the number of such individuals who were unemployed 
     prior to being hired, trained, or deployed as described in 
     paragraph (1);
       (D) the performance of each program supported by funds 
     under this subtitle with respect to the indicators of 
     performance under section 116 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3141), as applicable;
       (E) the number of individuals in unsubsidized employment 
     within six months and 1 year, respectively, of the conclusion 
     of employment in contact tracing and related positions and, 
     of those, the number of individuals within a State, 
     territorial, or local public health department in an 
     occupation related to public health;
       (F) any information on how eligible entities, local boards, 
     or community-based organizations that received funding under 
     this subsection were able to support the goals of the 
     national system for COVID-19 testing, contact tracing, 
     surveillance, containment, and mitigation established under 
     section 561 of this Act; and
       (G) best practices for improving and increasing the 
     transition of individuals employed in contract tracing and 
     related positions to unsubsidized employment.
       (2) Disaggregation.--All data reported under paragraph (1) 
     shall be disaggregated by race, ethnicity, sex, age, and, 
     with respect to individuals with barriers to employment, 
     subpopulation of such individuals, except for when the number 
     of participants in a category is insufficient to yield 
     statistically reliable information or when the results would 
     reveal personally identifiable information about an 
     individual participant.
       (i) Special Rule.--Any funds used for programs under this 
     section that are used to fund an apprenticeship or 
     apprenticeship program shall only be used for, or provided 
     to, an apprenticeship or apprenticeship program that meets 
     the definition of such term subsection (a) of this section, 
     including any funds awarded for the purposes of grants, 
     contracts, or cooperative agreements, or the development, 
     implementation, or administration, of an apprenticeship or an 
     apprenticeship program.
       (j) Information Sharing Requirement for HHS.--The Secretary 
     of Health and Human Services, acting through the Director of 
     the Centers for Disease Control and Prevention, shall provide 
     the Secretary of Labor, acting through the Assistant 
     Secretary of the Employment and Training Administration, with 
     information on grants under section 562, including--
       (1) the formula used to award such grants to State, local, 
     Tribal, and territorial health departments;
       (2) the dollar amounts of and scope of the work funded 
     under such grants;
       (3) the geographic areas served by eligible entities that 
     receive such grants; and
       (4) the number of contact tracers and related positions to 
     be hired using such grants.
       (k) Authorization of Appropriations.--Of the amounts 
     appropriated to carry out this subtitle, $500,000,000 shall 
     be used by the Secretary of Labor to carry out subsections 
     (a) through (h) of this section.

     SEC. 567. APPLICATION OF THE SERVICE CONTRACT ACT TO 
                   CONTRACTS AND GRANTS.

       Contracts and grants which include contact tracing as part 
     of the scope of work and that are awarded under this subtitle 
     shall require that contract tracers and related positions are 
     paid not less than the prevailing wage and fringe rates 
     required under chapter 67 of title 41, United States Code 
     (commonly known as the ``Service Contract Act'') for the area 
     in which the work is performed. To the extent that a 
     nonstandard wage determination is required to establish a 
     prevailing wage for contact tracers and related positions for 
     purposes of this subtitle, the Secretary of Labor shall issue 
     such determination not later than 14 days after the date of 
     enactment of this Act, based on a job description used by the 
     Centers for Disease Control and Prevention and contractors or 
     grantees performing contact tracing for State public health 
     agencies.

     SEC. 568. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this subtitle, there are authorized to be 
     appropriated $75,000,000,000, to remain available until 
     expended.

 Subtitle E--Demographic Data and Supply Reporting Related to COVID-19

     SEC. 571. COVID-19 REPORTING PORTAL.

       (a) In General.--Not later than 15 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     maintain an online portal for use by eligible health care 
     entities to track and transmit data regarding their personal 
     protective equipment and medical supply inventory and 
     capacity related to COVID-19.
       (b) Eligible Health Care Entities.--In this section, the 
     term ``eligible health care entity'' means a licensed acute 
     care hospital, hospital system, or long-term care facility 
     with confirmed cases of COVID-19.
       (c) Submission.--An eligible health care entity shall 
     report using the portal under this section on a biweekly 
     basis in order to assist the Secretary in tracking usage and 
     need of COVID-related supplies and personnel in a regular and 
     real-time manner.
       (d) Included Information.--The Secretary shall design the 
     portal under this section to include information on personal 
     protective equipment and medical supply inventory and 
     capacity related to COVID-19, including with respect to the 
     following:
       (1) Personal protective equipment.--Total personal 
     protective equipment inventory, including, in units, the 
     numbers of N95 masks and authorized equivalent respirator 
     masks, surgical masks, exam gloves, face shields, isolation 
     gowns, and coveralls.
       (2) Medical supply.--
       (A) Total ventilator inventory, including, in units, the 
     number of universal, adult, pediatric, and infant 
     ventilators.
       (B) Total diagnostic and serological test inventory, 
     including, in units, the number of test platforms, tests, 
     test kits, reagents, transport media, swabs, and other 
     materials or supplies determined necessary by the Secretary.
       (3) Capacity.--
       (A) Case count measurements, including confirmed positive 
     cases and persons under investigation.
       (B) Total number of staffed beds, including medical 
     surgical beds, intensive care beds, and critical care beds.
       (C) Available beds, including medical surgical beds, 
     intensive care beds, and critical care beds.
       (D) Total number of COVID-19 patients currently utilizing a 
     ventilator.
       (E) Average number of days a COVID-19 patient is utilizing 
     a ventilator.
       (F) Total number of additionally needed professionals in 
     each of the following categories: intensivists, critical care 
     physicians, respiratory therapists, registered nurses, 
     certified registered nurse anesthetists, and laboratory 
     personnel.
       (G) Total number of hospital personnel currently not 
     working due to self-isolation following a known or presumed 
     COVID-19 exposure.
       (e) Access to Information Related to Inventory and 
     Capacity.--The Secretary shall ensure that relevant agencies 
     and officials, including the Centers for Disease Control and 
     Prevention, the Assistant Secretary for Preparedness and 
     Response, and the Federal Emergency Management Agency, have 
     access to information related to inventory and capacity 
     submitted under this section.
       (f) Weekly Report to Congress.--On a weekly basis, the 
     Secretary shall transmit information related to inventory and 
     capacity submitted under this section to the appropriate 
     committees of the House and Senate.

     SEC. 572. REGULAR CDC REPORTING ON DEMOGRAPHIC DATA.

       Not later than 14 days after the date of enactment of this 
     Act, the Secretary, in coordination with the Director of the 
     Centers for Disease Control and Prevention, shall amend the 
     reporting under the heading ``Department of Health and Human 
     Services--Office of the Secretary--Public Health and Social 
     Service Emergency Fund'' in title I of division B of the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139; 134 Stat. 620, 626) on the demographic 
     characteristics, including race, ethnicity, age, sex, gender, 
     geographic region, and other relevant factors of individuals 
     tested for or diagnosed with COVID-19, to include--
       (1) providing technical assistance to State, local, and 
     territorial health departments to improve the collection and 
     reporting of such demographic data;
       (2) if such data is not so collected or reported, the 
     reason why the State, local, or territorial department of 
     health has not been able to collect or provide such 
     information; and
       (3) making a copy of such report available publicly on the 
     website of the Centers for Disease Control and Prevention.

     SEC. 573. FEDERAL MODERNIZATION FOR HEALTH INEQUITIES DATA.

       (a) In General.--The Secretary shall work with covered 
     agencies to support the modernization of data collection 
     methods and infrastructure at such agencies for the purpose 
     of increasing data collection related to health inequities, 
     such as racial, ethnic, socioeconomic, sex, gender, and 
     disability disparities.
       (b) Covered Agency Defined.--In this section, the term 
     ``covered agency'' means each of the following Federal 
     agencies:
       (1) The Agency for Healthcare Research and Quality.
       (2) The Centers for Disease Control and Prevention.
       (3) The Centers for Medicare & Medicaid Services.
       (4) The Food and Drug Administration.
       (5) The Office of the National Coordinator for Health 
     Information Technology.
       (6) The National Institutes of Health.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to each covered agency to carry out this 
     section $4,000,000, to remain available until expended.

     SEC. 574. MODERNIZATION OF STATE AND LOCAL HEALTH INEQUITIES 
                   DATA.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall award grants to State, local, and territorial health 
     departments in order to support the modernization of data 
     collection methods and infrastructure for the purposes of 
     increasing data related to health inequities, such as racial, 
     ethnic, socioeconomic, sex, gender, and disability 
     disparities. The Secretary shall--
       (1) provide guidance, technical assistance, and information 
     to grantees under this section on best practices regarding 
     culturally competent, accurate, and increased data collection 
     and transmission; and
       (2) track performance of grantees under this section to 
     help improve their health inequities data collection by 
     identifying gaps and taking effective steps to support 
     States, localities, and territories in addressing the gaps.
       (b) Report.--Not later than 1 year after the date on which 
     the first grant is awarded under this section, the Secretary 
     shall submit to the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate an initial report 
     detailing--
       (1) nationwide best practices for ensuring States and 
     localities collect and transmit health inequities data;
       (2) nationwide trends which hinder the collection and 
     transmission of health inequities data;
       (3) Federal best practices for working with States and 
     localities to ensure culturally competent, accurate, and 
     increased data collection and transmission; and

[[Page H5337]]

       (4) any recommended changes to legislative or regulatory 
     authority to help improve and increase health inequities data 
     collection.
       (c) Final Report.--Not later than three months after the 
     end of the public health emergency declared pursuant to 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19, the Secretary shall--
       (1) update and finalize the initial report under subsection 
     (b); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000, to 
     remain available until expended.

     SEC. 575. TRIBAL FUNDING TO RESEARCH HEALTH INEQUITIES 
                   INCLUDING COVID-19.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Director of the Indian Health 
     Service, in coordination with Tribal Epidemiology Centers and 
     other Federal agencies, as appropriate, shall conduct or 
     support research and field studies for the purposes of 
     improved understanding of Tribal health inequities among 
     American Indians and Alaska Natives, including with respect 
     to--
       (1) disparities related to COVID-19;
       (2) public health surveillance and infrastructure regarding 
     unmet needs in Indian country and Urban Indian communities;
       (3) population-based health disparities;
       (4) barriers to health care services;
       (5) the impact of socioeconomic status; and
       (6) factors contributing to Tribal health inequities.
       (b) Consultation, Confer, and Coordination.--In carrying 
     out this section, the Director of the Indian Health Service 
     shall--
       (1) consult with Indian Tribes and Tribal organizations;
       (2) confer with Urban Indian organizations; and
       (3) coordinate with the Director of the Centers for Disease 
     Control and Prevention and the Director of the National 
     Institutes of Health.
       (c) Process.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Indian Health 
     Service shall establish a nationally representative panel to 
     establish processes and procedures for the research and field 
     studies conducted or supported under subsection (a). The 
     Director shall ensure that, at a minimum, the panel consists 
     of the following individuals:
       (1) Elected Tribal leaders or their designees.
       (2) Tribal public health practitioners and experts from the 
     national and regional levels.
       (d) Duties.--The panel established under subsection (c) 
     shall, at a minimum--
       (1) advise the Director of the Indian Health Service on the 
     processes and procedures regarding the design, 
     implementation, and evaluation of, and reporting on, research 
     and field studies conducted or supported under this section;
       (2) develop and share resources on Tribal public health 
     data surveillance and reporting, including best practices; 
     and
       (3) carry out such other activities as may be appropriate 
     to establish processes and procedures for the research and 
     field studies conducted or supported under subsection (a).
       (e) Report.--Not later than 1 year after expending all 
     funds made available to carry out this section, the Director 
     of the Indian Health Service, in coordination with the panel 
     established under subsection (c), shall submit an initial 
     report on the results of the research and field studies under 
     this section to--
       (1) the Committee on Energy and Commerce and the Committee 
     on Natural Resources of the House of Representatives; and
       (2) the Committee on Indian Affairs and the Committee on 
     Health, Education, Labor and Pensions of the Senate.
       (f) Tribal Data Sovereignty.--The Director of the Indian 
     Health Service shall ensure that all research and field 
     studies conducted or supported under this section are 
     tribally-directed and carried out in a manner which ensures 
     Tribal-direction of all data collected under this section--
       (1) according to Tribal best practices regarding research 
     design and implementation, including by ensuring the consent 
     of the Tribes involved to public reporting of Tribal data;
       (2) according to all relevant and applicable Tribal, 
     professional, institutional, and Federal standards for 
     conducting research and governing research ethics;
       (3) with the prior and informed consent of any Indian Tribe 
     participating in the research or sharing data for use under 
     this section; and
       (4) in a manner that respects the inherent sovereignty of 
     Indian Tribes, including Tribal governance of data and 
     research.
       (g) Final Report.--Not later than three months after the 
     end of the public health emergency declared pursuant to 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19, the Director of the Indian Health 
     Service shall--
       (1) update and finalize the initial report under subsection 
     (e); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (h) Definitions.--In this section:
       (1) The terms ``Indian Tribe'' and ``Tribal organization'' 
     have the meanings given to such terms in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (2) The term ``Urban Indian organization'' has the meaning 
     given to such term in section 4 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1603).
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000, to 
     remain available until expended.

     SEC. 576. CDC FIELD STUDIES PERTAINING TO SPECIFIC HEALTH 
                   INEQUITIES.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, acting through the 
     Centers for Disease Control and Prevention, in collaboration 
     with State, local, and territorial health departments, shall 
     complete (by the reporting deadline in subsection (b)) field 
     studies to better understand health inequities that are not 
     currently tracked by the Secretary. Such studies shall 
     include an analysis of--
       (1) the impact of socioeconomic status on health care 
     access and disease outcomes, including COVID-19 outcomes;
       (2) the impact of disability status on health care access 
     and disease outcomes, including COVID-19 outcomes;
       (3) the impact of language preference on health care access 
     and disease outcomes, including COVID-19 outcomes;
       (4) factors contributing to disparities in health outcomes 
     for the COVID-19 pandemic; and
       (5) other topics related to disparities in health outcomes 
     for the COVID-19 pandemic, as determined by the Secretary.
       (b) Report.--Not later than December 31, 2021, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor and Pensions of the Senate an 
     initial report on the results of the field studies under this 
     section.
       (c) Final Report.--Not later than three months after the 
     end of the public health emergency declared pursuant to 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19, the Secretary shall--
       (1) update and finalize the initial report under subsection 
     (b); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000, to 
     remain available until expended.

     SEC. 577. ADDITIONAL REPORTING TO CONGRESS ON THE RACE AND 
                   ETHNICITY RATES OF COVID-19 TESTING, 
                   HOSPITALIZATIONS, AND MORTALITIES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Appropriations and the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Appropriations and the Committee on Health, Education, Labor 
     and Pensions of the Senate an initial report--
       (1) describing the testing, positive diagnoses, 
     hospitalization, intensive care admissions, and mortality 
     rates associated with COVID-19, disaggregated by race, 
     ethnicity, age, sex, gender, geographic region, and other 
     relevant factors as determined by the Secretary;
       (2) including an analysis of any variances of testing, 
     positive diagnoses, hospitalizations, and deaths by 
     demographic characteristics; and
       (3) including proposals for evidenced-based response 
     strategies to reduce disparities related to COVID-19.
       (b) Final Report.--Not later than three months after the 
     end of the public health emergency declared pursuant to 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19, the Secretary shall--
       (1) update and finalize the initial report under subsection 
     (a); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (c) Coordination.--In preparing the report submitted under 
     this section, the Secretary shall take into account and 
     otherwise coordinate such report with reporting required 
     under section 572 and under the heading ``Department of 
     Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620, 626).

                       Subtitle F--Miscellaneous

     SEC. 581. TECHNICAL CORRECTIONS TO AMENDMENTS MADE BY CARES 
                   ACT.

       (a) The amendments made by this section shall take effect 
     as if included in the enactment of the CARES Act (Public Law 
     116-136).
       (b) Section 3112 of division A of the CARES Act (Public Law 
     116-136) is amended--
       (1) in subsection (a)(2)(A), by striking the comma before 
     ``or a permanent'';
       (2) in subsection (d)(1), by striking ``and subparagraphs 
     (A) and (B)'' and inserting ``as subparagraphs (A) and (B)''; 
     and
       (3) in subsection (e), by striking ``Drug, Cosmetic Act'' 
     and inserting ``Drug, and Cosmetic Act''.
       (c) Section 6001(a)(1)(D) of division F of the Families 
     First Coronavirus Response Act (Public Law 116-127), as 
     amended by section 3201 of division A of the CARES Act 
     (Public Law 116-136), is amended by striking ``other test 
     that''.
       (d) Subsection (k)(9) of section 543 of the Public Health 
     Service Act (42 U.S.C. 290dd-2), as added by section 3221(d) 
     of division A of the CARES Act (Public Law 116-136), is 
     amended by striking ``unprotected health information'' and 
     inserting ``unsecured protected health information''.
       (e) Section 3401(2)(D) of division A of the CARES Act 
     (Public Law 116-136), is amended by striking ``Not Later 
     than'' and inserting ``Not later than''.
       (f) Section 831(f) of the Public Health Service Act, as 
     redesignated by section 3404(a)(6)(E) and amended by section 
     3404(a)(6)(G) of division A of the CARES Act (Public Law 116-
     136), is amended by striking ``a health care facility, or a 
     partnership of such a school and facility''.
       (g) Section 846(i) of the Public Health Service Act, as 
     amended by section 3404(a)(8)(C) of division A of the CARES 
     Act (Public Law 116-136), is amended by striking ``871(b),,'' 
     and inserting ``871(b),''.
       (h) Section 3606(a)(1)(A) of division A of the CARES Act 
     (Public Law 116-136) is amended by

[[Page H5338]]

     striking ``In general'' and inserting ``In general''.
       (i) Section 3856(b)(1) of division A of the CARES Act 
     (Public Law 116-136) is amended to read as follows:
       ``(1) In general.--Section 905(b)(4) of the FDA 
     Reauthorization Act of 2017 (Public Law 115-52) is amended by 
     striking `Section 744H(e)(2)(B) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j-52(e)(2)(B))' and inserting 
     `Section 744H(f)(2)(B) of the Federal Food, Drug, and 
     Cosmetic Act, as redesignated by section 403(c)(1) of this 
     Act,'.''.

                   TITLE VI--PUBLIC HEALTH ASSISTANCE

     SEC. 601. DEFINITION.

       In this title, the term ``Secretary'' means the Secretary 
     of Health and Human Services.

         Subtitle A--Assistance to Providers and Health System

     SEC. 611. HEALTH CARE PROVIDER RELIEF FUND.

       (a) In General.--Not later than 7 days after the date of 
     enactment of this Act, the Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall establish a program under which the 
     Secretary shall reimburse, through grants or other 
     mechanisms, eligible health care providers for eligible 
     expenses or lost revenues occurring during calendar quarters 
     beginning on or after January 1, 2020, to prevent, prepare 
     for, and respond to COVID-19, in an amount calculated under 
     subsection (c).
       (b) Quarterly Basis.--
       (1) Submission of applications.--The Secretary shall give 
     applicants a period of 7 calendar days after the close of a 
     quarter to submit applications under this section with 
     respect to such quarter, except that the Secretary shall give 
     applicants a period of 7 calendar days after the date of 
     enactment of this Act to submit applications with respect to 
     the quarters beginning on January 1 and April 1, 2020, if the 
     applicant has not previously submitted an application with 
     the respect to such quarters.
       (2) Review and payment.--The Secretary shall--
       (A) review applications and make awards of reimbursement 
     under this section on a quarterly basis; and
       (B) award the reimbursements under this section for a 
     quarter not later than 14 calendar days after the close of 
     the quarter, except that the Secretary shall award the 
     reimbursements under this section for the quarters beginning 
     on January 1 and April 1, 2020, not later than 14 calendar 
     days after the date of enactment of this Act.
       (c) Calculation.--
       (1) In general.--The amount of the reimbursement to an 
     eligible health care provider under this section with respect 
     to a calendar quarter shall equal--
       (A) the sum of--
       (i) 100 percent of the eligible expenses, as described in 
     subsection (d), of the provider during the quarter; and
       (ii) subject to paragraph (3), 60 percent of the lost 
     revenues, as described in subsection (e), of the provider 
     during the quarter; less
       (B) any funds that are--
       (i) received by the provider during the quarter pursuant to 
     the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123), the Families 
     First Coronavirus Response Act (Public Law 116-127), the 
     CARES Act (Public Law 116-136), or the Paycheck Protection 
     Program and Health Care Enhancement Act (Public Law 116-139); 
     and
       (ii) not required to be repaid.
       (2) Carryover.--If the amount determined under paragraph 
     (1)(B) for a calendar quarter with respect to an eligible 
     health care provider exceeds the amount determined under 
     paragraph (1)(A) with respect to such provider and quarter, 
     the amount of such difference shall be applied in making the 
     calculation under this subsection, over each subsequent 
     calendar quarter for which the eligible health care provider 
     seeks reimbursement under this section.
       (3) Lost revenue limitation.--If the amount determined 
     under subsection (e) with respect to the lost revenue of an 
     eligible health care provider for a calendar quarter does not 
     exceed an amount that equals 10 percent of the net patient 
     revenue (as defined in such subsection) of the provider for 
     the corresponding quarter in 2019, the addend under paragraph 
     (1)(A)(ii), in making the calculation under paragraph (1), is 
     deemed to be zero.
       (d) Eligible Expenses.--Subject to subsection (h)(1), 
     expenses eligible for reimbursement under this section 
     include expenses for--
       (1) building or construction of temporary structures;
       (2) leasing of properties;
       (3) medical supplies and equipment including personal 
     protective equipment;
       (4) in vitro diagnostic tests, serological tests, or 
     testing supplies;
       (5) increased workforce and trainings;
       (6) emergency operation centers;
       (7) construction or retrofitting of facilities;
       (8) mobile testing units;
       (9) surge capacity;
       (10) retention of workforce; and
       (11) such other items and services as the Secretary 
     determines to be appropriate, in consultation with relevant 
     stakeholders.
       (e) Lost Revenues.--
       (1) In general.--Subject to subsection (h)(1), for purposes 
     of subsection (c)(1)(A)(ii), the lost revenues of an eligible 
     health care provider, with respect to the calendar quarter 
     involved, shall be equal to--
       (A) net patient revenue of the provider for the 
     corresponding quarter in 2019 minus net patient revenue of 
     the provider for such quarter; less
       (B) the savings of the provider during the calendar quarter 
     involved attributable to foregone wages, payroll taxes, and 
     benefits of personnel who were furloughed or laid off by the 
     provider during that quarter.
       (2) Net patient revenue defined.--For purposes of paragraph 
     (1)(A), the term ``net patient revenue'', with respect to an 
     eligible health care provider and a calendar quarter, means 
     the sum of--
       (A) 200 percent of the total amount of reimbursement 
     received by the provider during the quarter for all items and 
     services furnished under a State plan or a waiver of a State 
     plan under title XIX of the Social Security Act (42 U.S.C. 
     1396 et seq.);
       (B) 125 percent of the total amount of reimbursement 
     received by the provider during the quarter for all items and 
     services furnished under title XVIII of the Social Security 
     Act (42 U.S.C. 1395 et seq.); and
       (C) 100 percent of the total amount of reimbursement not 
     described in subparagraph (A) or (B) received by the provider 
     during the quarter for all items and services.
       (f) Insufficient Funds for a Quarter.--If there are 
     insufficient funds made available to reimburse all eligible 
     health care providers for all eligible expenses and lost 
     revenues for a quarter in accordance with this section, the 
     Secretary shall--
       (1) prioritize reimbursement of eligible expenses; and
       (2) using the entirety of the remaining funds, uniformly 
     reduce the percentage of lost revenues otherwise applicable 
     under subsection (c)(1)(A)(ii) to the extent necessary to 
     reimburse a portion of the lost revenues of all eligible 
     health care providers applying for reimbursement.
       (g) Application.--A health care provider seeking 
     reimbursement under this section for a calendar quarter shall 
     submit to the Secretary an application that--
       (1) provides documentation demonstrating that the health 
     care provider is an eligible health care provider;
       (2) includes a valid tax identification number of the 
     health care provider or, if the health care provider does not 
     have a valid tax identification number, an employer 
     identification number or such other identification number as 
     the Secretary may accept or may assign;
       (3) attests to the eligible expenses and lost revenues of 
     the health care provider, as described in subsection (d), 
     occurring during the calendar quarter;
       (4) includes an itemized listing of each such eligible 
     expense, including expenses incurred in providing 
     uncompensated care;
       (5) for purposes of subsection (c)(3), attests to whether 
     the amount determined under subsection (e) with respect to 
     the lost revenue of an eligible health care provider for a 
     calendar quarter exceeds an amount that equals 10 percent of 
     the net patient revenue (as defined in such subsection) of 
     the provider for the corresponding quarter in 2019;
       (6) includes projections of the eligible expenses and lost 
     revenues of the health care provider, as described in 
     subsection (c), for the calendar quarter that immediately 
     follows the calendar quarter for which reimbursement is 
     sought; and
       (7) indicates the dollar amounts described in each of 
     subparagraphs (A) and (B) of subsection (e)(1) and 
     subparagraphs (A), (B), and (C) of subsection (e)(2) for the 
     calendar quarter and any other information the Secretary 
     determines necessary to determine expenses and lost revenue 
     related to COVID-19.
       (h) Limitations.--
       (1) No duplicative reimbursement.--The Secretary may not 
     provide, and a health care provider may not accept, 
     reimbursement under this section for expenses or losses with 
     respect to which--
       (A) the eligible health care provider is reimbursed from 
     other sources; or
       (B) other sources are obligated to reimburse the provider.
       (2) No executive compensation.--Reimbursement for eligible 
     expenses (as described in subsection (d)) and lost revenues 
     (as described in subsection (e)) shall not include 
     compensation or benefits, including salary, bonuses, awards 
     of stock, or other financial benefits, for an officer or 
     employee described in section 4004(a)(2) of the CARES Act 
     (Public Law 116-136).
       (i) No Balance Billing as Condition of Receipt of Funds.--
       (1) Protecting individuals enrolled in health plans.--As a 
     condition of receipt of reimbursement under this section, a 
     health care provider, in the case such provider furnishes 
     during the emergency period described in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B)) (whether before, on, or after, the date on which 
     the provider submits an application under this section) a 
     medically necessary item or service described in subparagraph 
     (A), (B), or (C) of paragraph (3) to an individual who is 
     described in such subparagraph (A), (B), or (C), 
     respectively, and enrolled in a group health plan or group or 
     individual health insurance coverage offered by a health 
     insurance issuer (including grandfathered health plans as 
     defined in section 1251(e) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18011(e)) and such provider is 
     a nonparticipating provider, with respect to such plan or 
     coverage or with respect to such item or service, and such 
     plan or coverage and such items and services would otherwise 
     be covered under such plan if furnished by a participating 
     provider--
       (A) may not bill or otherwise hold liable such individual 
     for a payment amount for such item or service that is more 
     than the cost-sharing amount that would apply under such plan 
     or coverage for such item or service if such provider 
     furnishing such service were a participating provider with 
     respect to such plan or coverage;
       (B) shall reimburse such individual in a timely manner for 
     any amount for such item or service paid by the individual to 
     such provider in excess of such cost-sharing amount;

[[Page H5339]]

       (C) shall submit any claim for such item or service 
     directly to the plan or coverage; and
       (D) shall not bill the individual for such cost-sharing 
     amount until such individual is informed by the plan or 
     coverage of the required payment amount.
       (2) Protecting uninsured individuals.--As a condition of 
     receipt by a health care provider of reimbursement under this 
     section, if the health care provider furnishes any medically 
     necessary item or service described in subparagraph (A), (B), 
     or (C) of paragraph (3) during the emergency period described 
     in section 1135(g)(1)(B) of the Social Security Act (42 
     U.S.C. 1320b-5(g)(1)(B)) (whether before, on, or after, the 
     date on which the provider submits an application under this 
     section) to an uninsured individual who is described in such 
     subparagraph (A), (B), or (C), respectively, the health care 
     provider--
       (A) shall submit a claim for purposes of reimbursement, 
     with respect to such item or service--
       (i) from the uninsured portal established pursuant to the 
     provider relief fund established through the Public Health 
     and Social Services Emergency Fund under the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136), or 
     pursuant to activities authorized under section 2812 of the 
     Public Health Service Act (42 U.S.C. 300hh-11) under the 
     Public Health and Social Services Emergency Fund under the 
     Families First Coronavirus Response Act (Public Law 116-127); 
     or
       (ii) if applicable, under this section with respect to 
     expenses incurred in providing uncompensated care (as 
     described in subsection (g)(4)) with respect to such medical 
     care); and
       (B) if such claim is eligible for such reimbursement--
       (i) shall consider the amount of such reimbursement as 
     payment in full with respect to such item or service so 
     furnished to such individual;
       (ii) may not bill or otherwise hold liable such individual 
     for any payment for such item or service so furnished to such 
     individual; and
       (iii) shall reimburse such individual in a timely manner 
     for any amount for such item or service paid by the 
     individual to such provider.
       (3) Medically necessary items and services described.--For 
     purposes of this subsection, medically necessary items and 
     services described in this paragraph are--
       (A) medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who has 
     been diagnosed with (or after provision of the items and 
     services is diagnosed with) COVID-19 to treat or mitigate the 
     effects of COVID-19;
       (B) medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who is 
     presumed, in accordance with paragraph (4), to have COVID-19 
     but is never diagnosed as such; and
       (C) a diagnostic test (and administration of such test) as 
     described in section 6001(a) of division F of the Families 
     First Coronavirus Response Act (42 U.S.C. 1320b-5 note) 
     administered to an individual.
       (4) Presumptive case of covid-19.--For purposes of 
     paragraph (3)(B), an individual shall be presumed to have 
     COVID-19 if the medical record documentation of the 
     individual supports a diagnosis of COVID-19, even if the 
     individual does not have a positive in vitro diagnostic test 
     result in the medical record of the individual.
       (5) Penalty.--In the case of an eligible health care 
     provider that is paid a reimbursement under this section and 
     that is in violation of paragraph (1) or (2), in addition to 
     any other penalties that may be prescribed by law, the 
     Secretary may recoup from such provider up to the full amount 
     of reimbursement the provider receives under this section.
       (6) Definitions.--In this subsection:
       (A) Nonparticipating provider.--The term ``nonparticipating 
     provider'' means, with respect to an item or service and 
     group health plan or group or individual health insurance 
     coverage offered by a health insurance issuer, a health care 
     provider that does not have a contractual relationship 
     directly or indirectly with the plan or issuer, respectively, 
     for furnishing such an item or service under the plan or 
     coverage.
       (B) Participating provider.--The term ``participating 
     provider'' means, with respect to an item or service and 
     group health plan or group or individual health insurance 
     coverage offered by a health insurance issuer, a health care 
     provider that has a contractual relationship directly or 
     indirectly with the plan or issuer, respectively, for 
     furnishing such an item or service under the plan or 
     coverage.
       (C) Group health plan, health insurance coverage.--The 
     terms ``group health plan'', ``health insurance issuer'', 
     ``group health insurance coverage'', and ``individual health 
     insurance coverage'' shall have the meanings given such terms 
     under section 2791 of the Public Health Service Act (42 
     U.S.C. 300gg-91).
       (D) Uninsured individual.--The term ``uninsured 
     individual'' shall have the meaning given such term in the 
     Families First Coronavirus Response Act (Public Law 116-127) 
     for purposes of the additional amount made available under 
     such Act to the Public Health and Social Services Emergency 
     Fund for activities authorized under section 2812 of the 
     Public Health Service Act (42 U.S.C. 300hh-11).
       (j) Reports.--
       (1) Award information.--In making awards under this 
     section, the Secretary shall post in a searchable, electronic 
     format, a list of all recipients and awards pursuant to 
     funding authorized under this section.
       (2) Reports by recipients.--Each recipient of an award 
     under this section shall, as a condition on receipt of such 
     award, submit reports and maintain documentation, in such 
     form, at such time, and containing such information, as the 
     Secretary determines is needed to ensure compliance with this 
     section.
       (3) Public listing of awards.--The Secretary shall--
       (A) not later than 7 days after the date of enactment of 
     this Act, post in a searchable, electronic format, a list of 
     all awards made by the Secretary under this section, 
     including the recipients and amounts of such awards; and
       (B) update such list not less than every 7 days until all 
     funds made available to carry out this section are expended.
       (4) Inspector general report.--
       (A) In general.--Not later than 3 years after final 
     payments are made under this section, the Inspector General 
     of the Department of Health and Human Services shall transmit 
     a final report on audit findings with respect to the program 
     under this section to the Committee on Energy and Commerce 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Health, Education, Labor 
     and Pensions and the Committee on Appropriations of the 
     Senate.
       (B) Rule of construction.--Nothing in this paragraph shall 
     be construed as limiting the authority of the Inspector 
     General of the Department of Health and Human Services or the 
     Comptroller General of the United States to conduct audits of 
     interim payments earlier than the deadline described in 
     subparagraph (A).
       (k) Eligible Health Care Provider Defined.--In this 
     section:
       (1) In general.--The term ``eligible health care provider'' 
     means a health care provider described in paragraph (2) that 
     provides diagnostic or testing services or treatment to 
     individuals with a confirmed or possible diagnosis of COVID-
     19.
       (2) Health care providers described.--A health care 
     provider described in this paragraph is any of the following:
       (A) A health care provider enrolled as a participating 
     provider under a State plan approved under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of 
     such a plan).
       (B) A provider of services (as defined in subsection (u) of 
     section 1861 of the Social Security Act (42 U.S.C. 1395x)) or 
     a supplier (as defined in subsection (d) of such section) 
     that is enrolled as a participating provider of services or 
     participating supplier under the Medicare program under title 
     XVIII of such Act (42 U.S.C. 1395 et seq.).
       (C) A public entity.
       (D) Any other entity not described in this paragraph as the 
     Secretary may specify.
       (l) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated for an additional amount to carry out this 
     section $50,000,000,000, to remain available until expended.
       (2) Health care provider relief fund.--
       (A) Use of appropriated funds.--
       (i) In general.--In addition to amounts authorized to be 
     appropriated pursuant to paragraph (1), the unobligated 
     balance of all amounts appropriated to the Health Care 
     Provider Relief Fund shall be made available only to carry 
     out this section.
       (ii) Amounts.--For purposes of clause (i), the following 
     amounts are deemed to be appropriated to the Health Care 
     Provider Relief Fund:

       (I) The unobligated balance of the appropriation of 
     $100,000,000,000 in the third paragraph under the heading 
     ``Department of Health and Human Services--Office of the 
     Secretary--Public Health and Social Services Emergency Fund'' 
     in division B of the CARES Act (Public Law 116-136).
       (II) The unobligated balance of the appropriation under the 
     heading ``Department of Health and Human Services--Office of 
     the Secretary--Public Health and Social Services Emergency 
     Fund'' in division B of the Paycheck Protection Program and 
     Health Care Enhancement Act (Public Law 116-139).

       (B) Limitation.--Of the unobligated balances described in 
     subparagraph (A)(ii), the Secretary may not make available 
     more than $5,000,000,000 to reimburse eligible health care 
     providers for expenses incurred in providing uncompensated 
     care.
       (C) Future amounts.--Any appropriation enacted subsequent 
     to the date of enactment of this Act that is made available 
     for reimbursing eligible health care providers as described 
     in subsection (a) shall be made available only to carry out 
     this section.

     SEC. 612. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.

       Part D of title III of the Public Health Service Act (42 
     U.S.C. 254b et seq.) is amended by adding at the end the 
     following new subpart:

                ``Subpart XIII--Public Health Workforce

     ``SEC. 340J. LOAN REPAYMENT PROGRAM.

       ``(a) Establishment.--The Secretary of Health and Human 
     Services shall establish a program to be known as the Public 
     Health Workforce Loan Repayment Program (referred to in this 
     section as the `Program') to assure an adequate supply of and 
     encourage recruitment of public health professionals to 
     eliminate critical public health workforce shortages in 
     local, State, territorial, and Tribal public health agencies.
       ``(b) Eligibility.--To be eligible to participate in the 
     Program, an individual shall--
       ``(1)(A) be accepted for enrollment, or be enrolled, as a 
     student in an accredited academic educational institution in 
     a State or territory in the final semester or equivalent of a 
     course of study or program leading to a public health degree, 
     a health professions degree or certificate, or a degree in 
     computer science, information science, information systems, 
     information technology, or statistics and have accepted 
     employment with a local, State, territorial, or Tribal public 
     health agency, or a related training fellowship, as 
     recognized by the Secretary, to commence upon graduation; or

[[Page H5340]]

       ``(B)(i) have graduated, during the preceding 10-year 
     period, from an accredited educational institution in a State 
     or territory and received a public health degree, a health 
     professions degree or certificate, or a degree in computer 
     science, information science, information systems, 
     information technology, or statistics; and
       ``(ii) be employed by, or have accepted employment with, a 
     local, State, territorial, or Tribal public health agency or 
     a related training fellowship, as recognized by the 
     Secretary;
       ``(2) be a United States citizen;
       ``(3)(A) submit an application to the Secretary to 
     participate in the Program; and
       ``(B) execute a written contract as required in subsection 
     (c); and
       ``(4) not have received, for the same service, a reduction 
     of loan obligations under section 428K or 428L of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-11, 1078-12).
       ``(c) Contract.--The written contract referred to in 
     subsection (b)(3)(B) between the Secretary and an individual 
     shall contain--
       ``(1) an agreement on the part of the Secretary that the 
     Secretary will repay, on behalf of the individual, loans 
     incurred by the individual in the pursuit of the relevant 
     degree or certificate in accordance with the terms of the 
     contract;
       ``(2) an agreement on the part of the individual that the 
     individual will serve in the full-time employment of a local, 
     State, or Tribal public health agency or a related fellowship 
     program in a position related to the course of study or 
     program for which the contract was awarded for a period of 
     time equal to the greater of--
       ``(A) 2 years; or
       ``(B) such longer period of time as determined appropriate 
     by the Secretary and the individual;
       ``(3) an agreement, as appropriate, on the part of the 
     individual to relocate to a priority service area (as 
     determined by the Secretary) in exchange for an additional 
     loan repayment incentive amount to be determined by the 
     Secretary;
       ``(4) a provision that any financial obligation of the 
     United States arising out of a contract entered into under 
     this section and any obligation of the individual that is 
     conditioned thereon, is contingent on funds being 
     appropriated for loan repayments under this section;
       ``(5) a statement of the damages to which the United States 
     is entitled, under this section for the individual's breach 
     of the contract; and
       ``(6) such other statements of the rights and liabilities 
     of the Secretary and of the individual as the Secretary 
     determines appropriate, not inconsistent with this section.
       ``(d) Payments.--
       ``(1) In general.--A loan repayment provided for an 
     individual under a written contract referred to in subsection 
     (b)(3)(B) shall consist of payment, in accordance with 
     paragraph (2), for the individual toward the outstanding 
     principal and interest on education loans incurred by the 
     individual in the pursuit of the relevant degree in 
     accordance with the terms of the contract.
       ``(2) Equitable distribution.--In awarding contracts under 
     this section, the Secretary shall ensure--
       ``(A) a certain percentage of contracts are awarded to 
     individuals who are not already working in public health 
     departments;
       ``(B) an equitable distribution of funds geographically; 
     and
       ``(C) an equitable distribution among State, local, 
     territorial, and Tribal public health departments.
       ``(3) Payments for years served.--For each year of service 
     that an individual contracts to serve pursuant to subsection 
     (c)(2), the Secretary may pay not more than $35,000 on behalf 
     of the individual for loans described in paragraph (1). With 
     respect to participants under the Program whose total 
     eligible loans are less than $105,000, the Secretary shall 
     pay an amount that does not exceed \1/3\ of the eligible loan 
     balance for each year of such service of such individual.
       ``(4) Tax liability.--For purposes of the Internal Revenue 
     Code of 1986, a payment made under this section shall be 
     treated in the same manner as an amount received under 
     section 338B(g) of this Act, as described in section 
     108(f)(4) of such Code.
       ``(e) Postponing Obligated Service.--With respect to an 
     individual receiving a degree or certificate from a health 
     professions or other related school, the date of the 
     initiation of the period of obligated service may be 
     postponed as approved by the Secretary.
       ``(f) Breach of Contract.--An individual who fails to 
     comply with the contract entered into under subsection (c) 
     shall be subject to the same financial penalties as provided 
     for under section 338E of the Public Health Service Act (42 
     U.S.C. 254o) for breaches of loan repayment contracts under 
     section 338B of such Act (42 U.S.C. section 254l-1).
       ``(g) Definition.--For purposes of this section, the term 
     `full-time' means full-time as such term is used in section 
     455(m)(3) of the Higher Education Act of 1965.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       ``(1) $100,000,000 for fiscal year 2021; and
       ``(2) $75,000,000 for fiscal year 2022.''.

     SEC. 613. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants to eligible entities to 
     develop and expand the use of technology-enabled 
     collaborative learning and capacity building models to 
     respond to ongoing and real-time learning, health care 
     information sharing, and capacity building needs related to 
     COVID-19.
       (b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall have experience providing 
     technology-enabled collaborative learning and capacity 
     building health care services--
       (1) in rural areas, frontier areas, health professional 
     shortage areas, or medically underserved area; or
       (2) to medically underserved populations or Indian Tribes.
       (c) Use of Funds.--An eligible entity receiving a grant 
     under this section shall use funds received through the 
     grant--
       (1) to advance quality of care in response to COVID-19, 
     with particular emphasis on rural and underserved areas and 
     populations;
       (2) to protect medical personnel and first responders 
     through sharing real-time learning through virtual 
     communities of practice;
       (3) to improve patient outcomes for conditions affected or 
     exacerbated by COVID-19, including improvement of care for 
     patients with complex chronic conditions; and
       (4) to support rapid uptake by health care professionals of 
     emerging best practices and treatment protocols around COVID-
     19.
       (d) Optional Additional Uses of Funds.--An eligible entity 
     receiving a grant under this section may use funds received 
     through the grant for--
       (1) equipment to support the use and expansion of 
     technology-enabled collaborative learning and capacity 
     building models, including hardware and software that enables 
     distance learning, health care provider support, and the 
     secure exchange of electronic health information;
       (2) the participation of multidisciplinary expert team 
     members to facilitate and lead technology-enabled 
     collaborative learning sessions, and professionals and staff 
     assisting in the development and execution of technology-
     enabled collaborative learning;
       (3) the development of instructional programming and the 
     training of health care providers and other professionals 
     that provide or assist in the provision of services through 
     technology-enabled collaborative learning and capacity 
     building models; and
       (4) other activities consistent with achieving the 
     objectives of the grants awarded under this section.
       (e) Technology-enabled Collaborative Learning and Capacity 
     Building Model Defined.--In this section, the term 
     ``technology-enabled collaborative learning and capacity 
     building model'' has the meaning given that term in section 
     2(7) of the Expanding Capacity for Health Outcomes Act 
     (Public Law 114-270; 130 Stat. 1395).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 614. ADDITIONAL FUNDING FOR MEDICAL RESERVE CORPS.

       Section 2813(i) of the Public Health Service Act (42 U.S.C. 
     300hh-15(i)) is amended by striking ``$11,200,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$31,200,000 
     for each of fiscal years 2021 and 2022 and $11,200,000 for 
     each of fiscal years 2023 through 2025''.

     SEC. 615. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE AND 
                   UNDERSERVED AREAS.

       Subpart II of part C of title VII of the Public Health 
     Service Act is amended by inserting after section 749B of 
     such Act (42 U.S.C. 293m) the following:

     ``SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED AREAS.

       ``(a) Grants.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may award grants to institutions of higher 
     education (including multiple institutions of higher 
     education applying jointly) for the establishment, 
     improvement, and expansion of an allopathic or osteopathic 
     school of medicine, or a branch campus of an allopathic or 
     osteopathic school of medicine.
       ``(b) Priority.--In selecting grant recipients under this 
     section, the Secretary shall give priority to institutions of 
     higher education that--
       ``(1) propose to use the grant for an allopathic or 
     osteopathic school of medicine, or a branch campus of an 
     allopathic or osteopathic school of medicine, in a combined 
     statistical area with fewer than 200 actively practicing 
     physicians per 100,000 residents according to the medical 
     board (or boards) of the State (or States) involved;
       ``(2) have a curriculum that emphasizes care for diverse 
     and underserved populations; or
       ``(3) are minority-serving institutions described in the 
     list in section 371(a) of the Higher Education Act of 1965.
       ``(c) Use of Funds.--The activities for which a grant under 
     this section may be used include--
       ``(1) planning and constructing--
       ``(A) a new allopathic or osteopathic school of medicine in 
     an area in which no other school is based; or
       ``(B) a branch campus of an allopathic or osteopathic 
     school of medicine in an area in which no such school is 
     based;
       ``(2) accreditation and planning activities for an 
     allopathic or osteopathic school of medicine or branch 
     campus;
       ``(3) hiring faculty and other staff to serve at an 
     allopathic or osteopathic school of medicine or branch 
     campus;
       ``(4) recruitment and enrollment of students at an 
     allopathic or osteopathic school of medicine or branch 
     campus;
       ``(5) supporting educational programs at an allopathic or 
     osteopathic school of medicine or branch campus;
       ``(6) modernizing infrastructure or curriculum at an 
     existing allopathic or osteopathic school of medicine or 
     branch campus thereof;
       ``(7) expanding infrastructure or curriculum at existing an 
     allopathic or osteopathic school of medicine or branch 
     campus; and
       ``(8) other activities that the Secretary determines 
     further the development, improvement, and expansion of an 
     allopathic or osteopathic school of medicine or branch campus 
     thereof.
       ``(d) Definitions.--In this section:

[[Page H5341]]

       ``(1) The term `branch campus' means a geographically 
     separate site at least 100 miles from the main campus of a 
     school of medicine where at least one student completes at 
     least 60 percent of the student's training leading to a 
     degree of doctor of medicine.
       ``(2) The term `institution of higher education' has the 
     meaning given to such term in section 101(a) of the Higher 
     Education Act of 1965.
       ``(e) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $1,000,000,000, to remain available until expended.''.

     SEC. 616. GAO STUDY ON PUBLIC HEALTH WORKFORCE.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on the public health workforce 
     in the United States during the COVID-19 pandemic.
       (b) Topics.--The study under subsection (a) shall address--
       (1) existing gaps in the Federal, State, local, Tribal, and 
     territorial public health workforce, including--
       (A) epidemiological and disease intervention specialists 
     needed during the pandemic for contact tracing, laboratory 
     technicians necessary for testing, community health workers 
     for community supports and services, and other staff 
     necessary for contact tracing, testing, or surveillance 
     activities; and
       (B) other personnel needed during the COVID-19 pandemic;
       (2) challenges associated with the hiring, recruitment, and 
     retention of the Federal, State, local, Tribal, and 
     territorial public health workforce; and
       (3) recommended steps the Federal Government should take to 
     improve hiring, recruitment, and retention of the public 
     health workforce.
       (c) Report.--Not later than December 1, 2022, the 
     Comptroller General shall submit to the Congress a report on 
     the findings of the study conducted under this section.

     SEC. 617. LONGITUDINAL STUDY ON THE IMPACT OF COVID-19 ON 
                   RECOVERED PATIENTS.

       Part A of title IV of the Public Health Service Act (42 
     U.S.C. 281 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF COVID-19 ON 
                   RECOVERED PATIENTS.

       ``(a) In General.--The Director of NIH, in consultation 
     with the Director of the Centers for Disease Control and 
     Prevention, shall conduct a longitudinal study, over not less 
     than 10 years, on the full impact of SARS-CoV-2 or COVID-19 
     on infected individuals, including both short-term and long-
     term health impacts.
       ``(b) Timing.--The Director of NIH shall begin enrolling 
     patients in the study under this section not later than 6 
     months after the date of enactment of this section.
       ``(c) Requirements.--The study under this section shall--
       ``(1) be nationwide;
       ``(2) include diversity of enrollees to account for gender, 
     age, race, ethnicity, geography, comorbidities, and 
     underrepresented populations, including pregnant and 
     lactating women;
       ``(3) study individuals with COVID-19 who experienced mild 
     symptoms, such individuals who experienced moderate symptoms, 
     and such individuals who experienced severe symptoms;
       ``(4) monitor the health outcomes and symptoms of 
     individuals with COVID-19, or who had prenatal exposure to 
     SARS-CoV-2 or COVID-19, including lung capacity and function, 
     and immune response, taking into account any pharmaceutical 
     interventions such individuals may have received;
       ``(5) monitor the mental health outcomes of individuals 
     with COVID-19, taking into account any interventions that 
     affected mental health; and
       ``(6) monitor individuals enrolled in the study not less 
     frequently than twice per year after the first year of the 
     individual's infection with SARS-CoV-2.
       ``(d) Public-private Research Network.--For purposes of 
     carrying out the study under this section, the Director of 
     NIH may develop a network of public-private research 
     partners, provided that all research, including the research 
     carried out through any such partner, is available publicly.
       ``(e) Summaries of Findings.--The Director of NIH shall 
     make public a summary of findings under this section not less 
     frequently than once every 3 months for the first 2 years of 
     the study, and not less frequently than every 6 months 
     thereafter. Such summaries may include information about how 
     the findings of the study under this section compare with 
     findings from research conducted abroad.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000,000, to 
     remain available until expended.''.

     SEC. 618. RESEARCH ON THE MENTAL HEALTH IMPACT OF COVID-19.

       (a) In General.--The Secretary, acting through the Director 
     of the National Institute of Mental Health, shall conduct or 
     support research on the mental health consequences of SARS-
     CoV-2 or COVID-19.
       (b) Use of Funds.--Research under subsection (a) may 
     include the following:
       (1) Research on the mental health impact of SARS-CoV-2 or 
     COVID-19 on health care providers, including--
       (A) traumatic stress;
       (B) psychological distress; and
       (C) psychiatric disorders.
       (2) Research on the impact of SARS-CoV-2 or COVID-19 
     stressors on mental health over time.
       (3) Research to strengthen the mental health response to 
     SARS-CoV-2 or COVID-19, including adapting to and maintaining 
     or providing additional services for new or increasing mental 
     health needs.
       (4) Research on the reach, efficiency, effectiveness, and 
     quality of digital mental health interventions.
       (5) Research on effectiveness of strategies for 
     implementation and delivery of evidence-based mental health 
     interventions and services for underserved populations.
       (6) Research on suicide prevention.
       (c) Research Coordination.--The Secretary shall coordinate 
     activities under this section with similar activities 
     conducted by national research institutes and centers of the 
     National Institutes of Health to the extent that such 
     institutes and centers have responsibilities that are related 
     to the mental health consequences of SARS-CoV-2 or COVID-19.
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $200,000,000, 
     to remain available until expended.

     SEC. 619. EMERGENCY MENTAL HEALTH AND SUBSTANCE USE TRAINING 
                   AND TECHNICAL ASSISTANCE CENTER.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.) is amended by inserting 
     after section 520A (42 U.S.C. 290bb-32) the following:

     ``SEC. 520B. EMERGENCY MENTAL HEALTH AND SUBSTANCE USE 
                   TRAINING AND TECHNICAL ASSISTANCE CENTER.

       ``(a) Establishment.--The Secretary, acting through the 
     Assistant Secretary, shall establish or operate a center to 
     be known as the Emergency Mental Health and Substance Use 
     Training and Technical Assistance Center (referred to in this 
     section as the `Center') to provide technical assistance and 
     support--
       ``(1) to public or nonprofit entities seeking to establish 
     or expand access to mental health and substance use 
     prevention, treatment, and recovery support services, and 
     increase awareness of such services; and
       ``(2) to public health professionals, health care 
     professionals and support staff, essential workers (as 
     defined by a State, Tribe, locality, or territory), and 
     members of the public to address the trauma, stress, and 
     mental health needs associated with an emergency period.
       ``(b) Assistance and Support.--The assistance and support 
     provided under subsection (a) shall include assistance and 
     support with respect to--
       ``(1) training on identifying signs of trauma, stress, and 
     mental health needs;
       ``(2) providing accessible resources to assist individuals 
     and families experiencing trauma, stress, or other mental 
     health needs during and after an emergency period;
       ``(3) providing resources for substance use disorder 
     prevention, treatment, and recovery designed to assist 
     individuals and families during and after an emergency 
     period;
       ``(4) the provision of language access services, including 
     translation services, interpretation, or other such services 
     for individuals with limited English speaking proficiency or 
     people with disabilities; and
       ``(5) evaluation and improvement, as necessary, of the 
     effectiveness of such services provided by public or 
     nonprofit entities.
       ``(c) Best Practices.--The Center shall periodically issue 
     best practices for use by organizations seeking to provide 
     mental health services or substance use disorder prevention, 
     treatment, or recovery services to individuals during and 
     after an emergency period.
       ``(d) Emergency Period.--In this section, the term 
     `emergency period' has the meaning given such term in section 
     1135(g)(1)(A) of the Social Security Act.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2021 and 2022.''.

     SEC. 620. IMPORTANCE OF THE BLOOD AND PLASMA SUPPLY.

       (a) In General.--Section 3226 of the CARES Act (Public Law 
     116-136) is amended--
       (1) in the section heading after ``5BLOOD'' by inserting 
     ``AND PLASMA''; and
       (2) by inserting after ``blood'' each time it appears ``and 
     plasma''.
       (b) Conforming Amendment.--The item relating to section 
     3226 in the table of contents in section 2 of the CARES Act 
     (Public Law 116-136) is amended to read as follows:

``Sec. 3226. Importance of the blood and plasma supply.''.

          Subtitle B--Assistance for Individuals and Families

     SEC. 631. REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES 
                   RELATING TO CORONAVIRUS.

       Title V of division A of the Families First Coronavirus 
     Response Act (Public Law 116-127; 134 Stat. 182) is amended 
     under the heading ``Department of Health and Human Services--
     Office of the Secretary--Public Health and Social Services 
     Emergency Fund'' by inserting ``, or treatment related to 
     SARS-CoV-2 or COVID-19 for uninsured individuals'' after ``or 
     visits described in paragraph (2) of such section for 
     uninsured individuals''.

     SEC. 632. CENTERS FOR DISEASE CONTROL AND PREVENTION COVID-19 
                   RESPONSE LINE.

       (a) In General.--During the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) on January 31, 
     2020, with respect to COVID-19, the Secretary, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, shall maintain a toll-free telephone number to 
     address public health queries, including questions concerning 
     COVID-19.
       (b) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $10,000,000, 
     to remain available until expended.

[[Page H5342]]

  


     SEC. 633. GRANTS TO ADDRESS SUBSTANCE USE DURING COVID-19.

       (a) In General.--The Assistant Secretary for Mental Health 
     and Substance Use of the Department of Health and Human 
     Services (in this section referred to as the ``Assistant 
     Secretary''), in consultation with the Director of the 
     Centers for Disease Control and Prevention, shall award 
     grants to States, political subdivisions of States, Tribes, 
     Tribal organizations, and community-based entities to address 
     the harms of drug misuse, including by--
       (1) preventing and controlling the spread of infectious 
     diseases, such as HIV/AIDS and viral hepatitis, and the 
     consequences of such diseases for individuals with substance 
     use disorder;
       (2) connecting individuals at risk for or with a substance 
     use disorder to overdose education, counseling, and health 
     education; or
       (3) encouraging such individuals to take steps to reduce 
     the negative personal and public health impacts of substance 
     use or misuse during the emergency period.
       (b) Considerations.--In awarding grants under this section, 
     the Assistant Secretary shall prioritize grants to applicants 
     proposing to serve areas with--
       (1) a high proportion of people who meet criteria for 
     dependence on or abuse of illicit drugs who have not received 
     any treatment;
       (2) high drug overdose death rates;
       (3) high telemedicine infrastructure needs; and
       (4) high behavioral health and substance use disorder 
     workforce needs.
       (c) Definition.--In this section, the term ``emergency 
     period'' has the meaning given to such term in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B))).
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $10,000,000, 
     to remain available until expended.

     SEC. 634. GRANTS TO SUPPORT INCREASED BEHAVIORAL HEALTH NEEDS 
                   DUE TO COVID-19.

       (a) In General.--The Secretary, acting through the 
     Assistant Secretary of Mental Health and Substance Use, shall 
     award grants to States, political subdivisions of States, 
     Indian Tribes and Tribal organizations, community-based 
     entities, and primary care and behavioral health 
     organizations to address behavioral health needs caused by 
     the public health emergency declared pursuant to section 319 
     of the Public Health Service Act (42 U.S.C. 247d) with 
     respect to COVID-19.
       (b) Use of Funds.--An entity that receives a grant under 
     subsection (a) may use funds received through such grant to--
       (1) increase behavioral health treatment and prevention 
     capacity, including to--
       (A) promote coordination among local entities;
       (B) train the behavioral health workforce, relevant 
     stakeholders, and community members;
       (C) upgrade technology to support effective delivery of 
     health care services through telehealth modalities;
       (D) purchase medical supplies and equipment for behavioral 
     health treatment entities and providers;
       (E) address surge capacity for behavioral health needs such 
     as through mobile units; and
       (F) promote collaboration between primary care and mental 
     health providers; and
       (2) support or enhance behavioral health services, 
     including--
       (A) emergency crisis intervention, including mobile crisis 
     units, 24/7 crisis call centers, and medically staffed crisis 
     stabilization programs;
       (B) screening, assessment, diagnosis, and treatment;
       (C) mental health awareness trainings;
       (D) evidence-based suicide prevention;
       (E) evidence-based integrated care models;
       (F) community recovery supports;
       (G) outreach to underserved and minority communities; and
       (H) for front line health care workers.
       (c) Priority.--The Secretary shall give priority to 
     applicants proposing to serve areas with a high number of 
     COVID-19 cases.
       (d) Evaluation.--An entity that receives a grant under this 
     section shall prepare and submit an evaluation to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require, 
     including--
       (1) an evaluation of activities carried out with funds 
     received through the grant; and
       (2) a process and outcome evaluation.
       (e) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $50,000,000 
     for each of fiscal years 2021 and 2022, to remain available 
     until expended.

                    Subtitle C--Assistance to Tribes

     SEC. 641. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH 
                   SECURITY.

       Section 319C-1 of the Public Health Service Act (42 U.S.C. 
     247d-3a) is amended--
       (1) in the section heading, by striking ``AND LOCAL'' and 
     inserting ``, LOCAL, AND TRIBAL'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``or'' at the end;
       (ii) in subparagraph (C), by striking ``and'' at the end 
     and inserting ``or''; and
       (iii) by adding at the end the following:
       ``(D) be an Indian Tribe, Tribal organization, or a 
     consortium of Indian Tribes or Tribal organizations; and''; 
     and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, as applicable'' after ``including'';
       (ii) in subparagraph (A)(viii)--

       (I) by inserting ``and Tribal'' after ``with State'';
       (II) by striking ``(as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``and Tribal educational agencies (as defined in 
     sections 8101 and 6132, respectively, of the Elementary and 
     Secondary Education Act of 1965)''; and
       (III) by inserting ``and Tribal'' after ``and State'';

       (iii) in subparagraph (G), by striking ``and tribal'' and 
     inserting ``Tribal, and urban Indian organization''; and
       (iv) in subparagraph (H), by inserting ``, Indian Tribes, 
     and urban Indian organizations'' after ``public health'';
       (3) in subsection (e), by inserting ``Indian Tribes, Tribal 
     organizations, urban Indian organizations,'' after ``local 
     emergency plans,'';
       (4) in subsection (g)(1), by striking ``tribal officials'' 
     and inserting ``Tribal officials'';
       (5) in subsection (h)--
       (A) in paragraph (1)(A)--
       (i) by striking ``through 2023'' and inserting ``and 
     2020''; and
       (ii) by inserting before the period ``; and $690,000,000 
     for each of fiscal years 2021 through 2024 for awards 
     pursuant to paragraph (3) (subject to the authority of the 
     Secretary to make awards pursuant to paragraphs (4) and (5)) 
     and paragraph (8), of which not less than $5,000,000 shall be 
     reserved each fiscal year for awards under paragraph (8)'';
       (B) in paragraph (2)(B), by striking ``tribal public'' and 
     inserting ``Tribal public'';
       (C) in the heading of paragraph (3), by inserting ``for 
     states'' after ``amount''; and
       (D) by adding at the end the following:
       ``(8) Tribal eligible entities.--
       ``(A) Determination of funding amount.--
       ``(i) In general.--The Secretary shall award at least 10 
     cooperative agreements under this section, in amounts not 
     less than the minimum amount determined under clause (ii), to 
     eligible entities described in subsection (b)(1)(D) that 
     submits to the Secretary an application that meets the 
     criteria of the Secretary for the receipt of such an award 
     and that meets other reasonable implementation conditions 
     established by the Secretary, in consultation with Indian 
     Tribes, for such awards. If the Secretary receives more than 
     10 applications under this section from eligible entities 
     described in subsection (b)(1)(D) that meet the criteria and 
     conditions described in the previous sentence, the Secretary, 
     in consultation with Indian Tribes, may make additional 
     awards under this section to such entities.
       ``(ii) Minimum amount.--In determining the minimum amount 
     of an award pursuant to clause (i), the Secretary, in 
     consultation with Indian Tribes, shall first determine an 
     amount the Secretary considers appropriate for the eligible 
     entity.
       ``(B) Available until expended.--Amounts provided to a 
     Tribal eligible entity under a cooperative agreement under 
     this section for a fiscal year and remaining unobligated at 
     the end of such year shall remain available to such entity 
     during the entirety of the performance period, for the 
     purposes for which said funds were provided.
       ``(C) No matching requirement.--Subparagraphs (B), (C), and 
     (D) of paragraph (1) shall not apply with respect to 
     cooperative agreements awarded under this section to eligible 
     entities described in subsection (b)(1)(D).''; and
       (6) by adding at the end the following:
       ``(l) Special Rules Related to Tribal Eligible Entities.--
       ``(1) Modifications.--After consultation with Indian 
     Tribes, the Secretary may make necessary and appropriate 
     modifications to the program under this section to facilitate 
     the use of the cooperative agreement program by eligible 
     entities described in subsection (b)(1)(D).
       ``(2) Waivers.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary may waive or specify alternative requirements 
     for any provision of this section (including regulations) 
     that the Secretary administers in connection with this 
     section if the Secretary finds that the waiver or alternative 
     requirement is necessary for the effective delivery and 
     administration of this program with respect to eligible 
     entities described in subsection (b)(1)(D).
       ``(B) Exception.--The Secretary may not waive or specify 
     alternative requirements under subparagraph (A) relating to 
     labor standards or the environment.
       ``(3) Consultation.--The Secretary shall consult with 
     Indian Tribes and Tribal organizations on the design of this 
     program with respect to such Tribes and organizations to 
     ensure the effectiveness of the program in enhancing the 
     security of Indian Tribes with respect to public health 
     emergencies.
       ``(4) Reporting.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, and as an addendum to the 
     biennial evaluations required under subsection (k), the 
     Secretary, in coordination with the Director of the Indian 
     Health Service, shall--
       ``(i) conduct a review of the implementation of this 
     section with respect to eligible entities described in 
     subsection (b)(1)(D), including any factors that may have 
     limited its success; and
       ``(ii) submit a report describing the results of the review 
     described in clause (i) to--

       ``(I) the Committee on Indian Affairs, the Committee on 
     Health, Education, Labor and Pensions, and the Committee on 
     Appropriations of the Senate; and
       ``(II) the Subcommittee for Indigenous Peoples of the 
     United States of the Committee on Natural Resources, the 
     Committee on Energy and Commerce, and the Committee on 
     Appropriations of the House of Representatives.

       ``(B) Analysis of tribal public health emergency 
     infrastructure limitation.--The Secretary shall include in 
     the initial report submitted under subparagraph (A) a 
     description of

[[Page H5343]]

     any public health emergency infrastructure limitation 
     encountered by eligible entities described in subsection 
     (b)(1)(D).''.

     SEC. 642. PROVISION OF ITEMS TO INDIAN PROGRAMS AND 
                   FACILITIES.

       (a) Strategic National Stockpile.--Section 319F-2(a)(3)(G) 
     of the Public Health Service Act (42 U.S.C. 247d-6b(a)(3)(G)) 
     is amended by inserting ``, and, in the case that the 
     Secretary deploys the stockpile under this subparagraph, 
     ensure, in coordination with the applicable States and 
     programs and facilities, that appropriate drugs, vaccines and 
     other biological products, medical devices, and other 
     supplies are deployed by the Secretary directly to health 
     programs or facilities operated by the Indian Health Service, 
     an Indian Tribe, a Tribal organization (as those terms are 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304)), or an inter-
     Tribal consortium (as defined in section 501 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5381)) or through an urban Indian organization (as defined in 
     section 4 of the Indian Health Care Improvement Act), while 
     avoiding duplicative distributions to such programs or 
     facilities'' before the semicolon.
       (b) Distribution of Qualified Pandemic or Epidemic Products 
     to IHS Facilities.--Title III of the Public Health Service 
     Act (42 U.S.C. 241 et seq.) is amended by inserting after 
     section 319F-4 the following:

     ``SEC. 319F-5. DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC 
                   PRODUCTS TO INDIAN PROGRAMS AND FACILITIES.

       ``In the case that the Secretary distributes qualified 
     pandemic or epidemic products (as defined in section 319F-
     3(i)(7)) to States or other entities, the Secretary shall 
     ensure, in coordination with the applicable States and 
     programs and facilities, that, as appropriate, such products 
     are distributed directly to health programs or facilities 
     operated by the Indian Health Service, an Indian Tribe, a 
     Tribal organization (as those terms are defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304)), or an inter-Tribal consortium (as defined 
     in section 501 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5381)) or through an urban Indian 
     organization (as defined in section 4 of the Indian Health 
     Care Improvement Act), while avoiding duplicative 
     distributions to such programs or facilities.''.

     SEC. 643. HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS.

       Section 405 of the Indian Health Care Improvement Act (25 
     U.S.C. 1645) is amended--
       (1) in subsection (a)(1), by inserting ``urban Indian 
     organizations,'' before ``and tribal organizations''; and
       (2) in subsection (c)--
       (A) by inserting ``urban Indian organization,'' before ``or 
     tribal organization''; and
       (B) by inserting ``an urban Indian organization,'' before 
     ``or a tribal organization''.

     SEC. 644. TRIBAL SCHOOL FEDERAL INSURANCE PARITY.

       Section 409 of the Indian Health Care Improvement Act (25 
     U.S.C. 1647b) is amended by inserting ``or the Tribally 
     Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)'' 
     after ``(25 U.S.C. 450 et seq.)''.

     SEC. 645. PRC FOR NATIVE VETERANS.

       Section 405(c) of the Indian Health Care Improvement Act 
     (25 U.S.C. 1645) is amended by inserting before the period at 
     the end the following: ``, regardless of whether such 
     services are provided directly by the Service, an Indian 
     tribe, or tribal organization, through contract health 
     services, or through a contract for travel described in 
     section 213(b)''.

       Subtitle D--Public Health Assistance to Essential Workers

     SEC. 651. CONTAINMENT AND MITIGATION FOR ESSENTIAL WORKERS 
                   PROGRAM.

       (a) Program.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention and in 
     consultation with the Director of the National Institute for 
     Occupational Safety and Health, shall establish a COVID-19 
     containment and mitigation for essential workers program 
     consisting of awarding grants under subsection (b).
       (b) Grants.--For the purpose of improving essential worker 
     safety, the Secretary--
       (1) shall award a grant to each State health department; 
     and
       (2) may award grants on a competitive basis to State, 
     local, Tribal, or territorial health departments.
       (c) Use of Funds.--A State, local, Tribal, or territorial 
     health department receiving a grant under subsection (b) 
     shall use the grant funds--
       (1) to purchase or procure personal protective equipment 
     and rapid testing equipment and supplies for distribution to 
     employers of essential workers, including public employers; 
     or
       (2) to support the implementation of other workplace safety 
     measures for use in containment and mitigation of COVID-19 
     transmission among essential workers in their workplaces, 
     including workplaces of public employers.
       (d) Formula Grants to State Health Departments.--In making 
     grants under subsection (b)(1), the Secretary shall award 
     funds to each State health department in accordance with a 
     formula based on overall population size, essential workers 
     population size, and burden of COVID-19.
       (e) Competitive Grants to State, Local, Tribal, and 
     Territorial Health Departments.--In making grants under 
     subsection (b)(2), the Secretary shall give priority to 
     applicants demonstrating a commitment to containing and 
     mitigating COVID-19 among racial and ethnic minority groups 
     who are disproportionately represented in essential worker 
     settings.
       (f) No Duplicative Assistance Limitation.--The Secretary 
     may not provide, and a State, local, Tribal, or territorial 
     health department, or employer of essential workers may not 
     accept, assistance under this section for containment and 
     mitigation of COVID-19 transmission among essential workers 
     in their workplaces with respect to which--
       (1) the State, local, Tribal, or territorial health 
     department, or employer of essential workers receives 
     assistance from other sources for such purposes; or
       (2) other sources are obligated to provide assistance to 
     such health department or employer for such purposes.
       (g) Technical Assistance.--In carrying out the program 
     under this section, the Secretary shall provide technical 
     assistance to State, local, Tribal, or territorial health 
     departments.
       (h) Report.--No later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     Secretary shall submit to the Committee on Energy and 
     Commerce and the Committee on Education and Labor of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report on the 
     activities funded through this section, including--
       (1) the amount expended and the awardees under subsection 
     (b)(1);
       (2) the amount expended and the awardees under subsection 
     (b)(2);
       (3) the total amount remaining of the amounts appropriated 
     or otherwise made available to carry out this section under 
     subsection (i); and
       (4) evaluating the progress of State, local, Tribal, and 
     territorial health departments in reducing COVID-19 burden 
     among essential workers.
       (i) Consultation With Essential Employers, Essential 
     Workers, and Employee Representatives of Essential Workers.--
       (1) In general.--In developing the strategy and program 
     under subsection (a) and in determining criteria for 
     distribution of competitive grants under this section, the 
     Secretary of Health and Human Services, acting through the 
     Director of the Centers for Disease Control and Prevention 
     and in consultation with the Director of the National 
     Institute for Occupational Safety and Health, shall consult 
     in advance with--
       (A) employers of essential workers;
       (B) representatives of essential workers; and
       (C) labor organizations representing essential workers.
       (2) Optional advance consultation.--A State health 
     department may, before receiving funding through a grant 
     under this section, consult with employers of essential 
     workers, representatives of workers, and labor organizations 
     representing essential workers in determining--
       (A) priorities for the use of such funds; and
       (B) the distribution of COVID-19 containment and mitigation 
     equipment and supplies.
       (j) Definitions.--In this section:
       (1) The term ``essential worker'' refers to--
       (A) the ``essential critical infrastructure workers'' 
     identified in the Department of Homeland Security's 
     ``Advisory Memorandum on Ensuring Essential Critical 
     Infrastructure Workers Ability to Work During the COVID-19 
     Response'' released on August 18, 2020 (or any successor 
     document); and
       (B) workers included as essential workers in executive 
     orders issued by the Governor of a State.
       (2) The term ``containment and mitigation'' includes the 
     use of--
       (A) personal protective equipment;
       (B) other protections, including expanding or improving 
     workplace infrastructure through engineering and work 
     practice controls, such as ventilation systems, plexiglass 
     partitions, air filters, and the use of hand sanitizer or 
     sanitation supplies;
       (C) access to medical evaluations, testing (including rapid 
     testing), and contact tracing; and
       (D) other related activities or equipment recommended or 
     required by the Director of Centers of Disease Control and 
     Prevention or required pursuant to the Occupational Safety 
     and Health Act of 1970 (29 U.S.C. 651 et seq.) or a State 
     plan approved pursuant to section 18 of that Act (29 U.S.C. 
     667); and
       (k) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $2,000,000,000, to remain available until expended.

   TITLE VII--VACCINE DEVELOPMENT, DISTRIBUTION, ADMINISTRATION, AND 
                               AWARENESS

     SEC. 701. DEFINITIONS.

       In this title:
       (1) The term ``ancillary medical supplies'' includes--
       (A) vials;
       (B) bandages;
       (C) alcohol swabs;
       (D) syringes;
       (E) needles;
       (F) gloves, masks, and other personal protective equipment;
       (G) cold storage equipment; and
       (H) other products the Secretary determines necessary for 
     the administration of vaccines.
       (2) The term ``Secretary'' means the Secretary of Health 
     and Human Services.

     SEC. 702. VACCINE AND THERAPEUTIC DEVELOPMENT AND 
                   PROCUREMENT.

       (a) Enhancing Development, Procurement and Manufacturing 
     Capacity.--
       (1) In general.--The Secretary shall, as appropriate, award 
     contracts, grants, and cooperative agreements, and, where 
     otherwise allowed by law, enter into other transactions, for 
     purposes of--
       (A) expanding and enhancing COVID-19 and SARS-CoV-2 vaccine 
     and therapeutic development and research;
       (B) procurement of COVID-19 and SARS-CoV-2 vaccines, 
     therapeutics, and ancillary medical supplies; and
       (C) expanding and enhancing capacity for manufacturing 
     vaccines, therapeutics, and ancillary medical supplies to 
     prevent the spread of COVID-19 and SARS-CoV-2 and .

[[Page H5344]]

       (2) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated 
     $20,000,000,000 for the period of fiscal years 2021 through 
     2025, to remain available until expended.
       (b) Report on Vaccine Manufacturing and Administration 
     Capacity.--Not later than December 1, 2020, the Secretary 
     shall submit to the Committee on Energy and Commerce and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Health, Education, Labor and Pensions 
     and the Committee on Appropriations of the Senate a report 
     detailing--
       (1) an assessment of the estimated supply of vaccines and 
     ancillary medical supplies related to vaccine administration 
     necessary to control and stop the spread of SARS-CoV-2 and 
     COVID-19, domestically and internationally;
       (2) an assessment of current and future domestic capacity 
     for manufacturing vaccines or vaccine candidates to control 
     or stop the spread of SARS-CoV-2 and COVID-19 and ancillary 
     medical supplies related to the administration of such 
     vaccines, including--
       (A) identification of any gaps in capacity for 
     manufacturing; and
       (B) the effects of shifting manufacturing resources to 
     address COVID-19;
       (3) activities conducted to expand and enhance capacity for 
     manufacturing vaccines, vaccine candidates, and ancillary 
     medical supplies to levels sufficient to control and stop the 
     spread of SARS-CoV-2 and COVID-19, domestically and 
     internationally, including a list and explanation of all 
     contracts, grants, and cooperative agreements awarded, and 
     other transactions entered into, for purposes of such 
     expansion and enhancement and how such activities will help 
     to meet future domestic manufacturing capacity needs;
       (4) a plan for the ongoing support of enhanced capacity for 
     manufacturing vaccines, vaccine candidates, and ancillary 
     medical supplies sufficient to control and stop the spread of 
     SARS-CoV-2 and COVID-19, domestically and internationally; 
     and
       (5) a plan to support the distribution and administration 
     of vaccines approved or authorized by the Food and Drug 
     Administration to control and stop the spread of SARS-CoV-2 
     and COVID-19, domestically and internationally, including 
     Federal workforce enhancements necessary to administer such 
     vaccines.

     SEC. 703. VACCINE DISTRIBUTION AND ADMINISTRATION.

       (a) In General.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, shall--
       (1) conduct activities to enhance, expand, and improve 
     nationwide COVID-19 and SARS-CoV-2 vaccine distribution and 
     administration, including activities related to distribution 
     of ancillary medical supplies; and
       (2) award grants or cooperative agreements to State, local, 
     Tribal, and territorial public health departments for 
     enhancement of COVID-19 and SARS-CoV-2 vaccine distribution 
     and administration capabilities, including--
       (A) distribution of vaccines approved or authorized by the 
     Food and Drug Administration;
       (B) distribution of ancillary medical supplies;
       (C) workforce enhancements;
       (D) information technology and data enhancements, 
     including--
       (i) enhancements for purposes of maintaining and tracking 
     real-time information related to vaccine distribution and 
     administration; and
       (ii) enhancements to improve immunization information 
     systems, including patient matching capabilities and the 
     interoperability of such systems, that are administered by 
     State, local, Tribal, and territorial public health 
     departments and used by health care providers and health care 
     facilities; and
       (E) facilities enhancements.
       (b) Report to Congress.--Not later than December 31, 2020, 
     and annually thereafter, the Secretary shall submit a report 
     to the Committee on Energy and Commerce and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate detailing 
     activities carried out and grants and cooperative agreements 
     awarded under this section.
       (c) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $7,000,000,000 for the period of fiscal years 2021 through 
     2025, to remain available until expended.

     SEC. 704. STOPPING THE SPREAD OF COVID-19 AND OTHER 
                   INFECTIOUS DISEASES THROUGH EVIDENCE-BASED 
                   VACCINE AWARENESS.

       (a) In General.--The Public Health Service Act is amended 
     by striking section 313 of such Act (42 U.S.C. 245) and 
     inserting the following:

     ``SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF 
                   VACCINATIONS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention 
     and in coordination with other offices and agencies, as 
     appropriate, shall award competitive grants or contracts to 
     one or more public or private entities to carry out a 
     national, evidence-based campaign for increasing rates of 
     vaccination across all ages, as applicable, particularly in 
     communities with low rates of vaccination, to reduce and 
     eliminate vaccine-preventable diseases by--
       ``(1) increasing awareness and knowledge of the safety and 
     effectiveness of vaccines approved or authorized by the Food 
     and Drug Administration for the prevention and control of 
     diseases, including COVID-19;
       ``(2) combating misinformation about vaccines; and
       ``(3) disseminating scientific and evidence-based vaccine-
     related information.
       ``(b) Consultation.--In carrying out the campaign under 
     this section, the Secretary shall consult with appropriate 
     public health and medical experts, including the National 
     Academy of Medicine and medical and public health 
     associations and nonprofit organizations, in the development, 
     implementation, and evaluation of the campaign under this 
     section.
       ``(c) Requirements.--The campaign under this section 
     shall--
       ``(1) be a nationwide, evidence-based media and public 
     engagement initiative;
       ``(2) include the development of resources for communities 
     with low rates of vaccination, including culturally and 
     linguistically appropriate resources, as applicable;
       ``(3) include the dissemination of vaccine information and 
     communication resources to public health departments, health 
     care providers, and health care facilities, including such 
     providers and facilities that provide prenatal and pediatric 
     care;
       ``(4) be complementary to, and coordinated with, any other 
     Federal, State, local, or Tribal efforts;
       ``(5) assess the effectiveness of communication strategies 
     to increase rates of vaccination; and
       ``(6) not be used for partisan political purposes, or to 
     express advocacy in support of or to defeat any clearly 
     identified candidate, clearly identified ballot initiative, 
     or clearly identified legislative or regulatory proposal.
       ``(d) Additional Activities.--The campaign under this 
     section may--
       ``(1) include the use of television, radio, the internet, 
     and other media and telecommunications technologies;
       ``(2) include the use of in-person activities;
       ``(3) be focused and directed to address specific needs of 
     communities and populations with low rates of vaccination; 
     and
       ``(4) include the dissemination of scientific and evidence-
     based vaccine-related information, such as--
       ``(A) advancements in evidence-based research related to 
     diseases that may be prevented by vaccines and vaccine 
     development;
       ``(B) information on vaccinations for individuals and 
     communities, including individuals for whom vaccines are not 
     recommended by the Advisory Committee for Immunization 
     Practices, and the effects of low vaccination rates within a 
     community on such individuals;
       ``(C) information on diseases that may be prevented by 
     vaccines; and
       ``(D) information on vaccine safety and the systems in 
     place to monitor vaccine safety.
       ``(e) Evaluation.--The Secretary shall--
       ``(1) establish benchmarks and metrics to quantitatively 
     measure and evaluate the campaign under this section;
       ``(2) conduct qualitative assessments regarding the 
     campaign under this section; and
       ``(3) prepare and submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Health, Education, Labor, and Pensions of the Senate an 
     evaluation of the campaign under this section.
       ``(f) Supplement Not Supplant.--Funds made available to 
     carry out this section shall be used to supplement and not 
     supplant other Federal, State, local, and Tribal public funds 
     provided for activities described in this section.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000,000 for 
     the period of fiscal years 2021 through 2025.''.
       (b) Grants to Address Vaccine-preventable Diseases.--
     Section 317 of the Public Health Service Act (42 U.S.C. 247b) 
     is amended--
       (1) in subsection (k)--
       (A) in paragraph (1)--
       (i) in subparagraph (C), by striking ``; and'' at the end 
     and inserting a semicolon;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(E) planning, implementation, and evaluation of 
     activities to address vaccine-preventable diseases, including 
     activities--
       ``(i) to identify communities at high risk of outbreaks 
     related to vaccine-preventable diseases, including through 
     improved data collection and analysis;
       ``(ii) to pilot innovative approaches to improve 
     vaccination rates in communities and among populations with 
     low rates of vaccination;
       ``(iii) to reduce barriers to accessing vaccines and 
     evidence-based information about the health effects of 
     vaccines;
       ``(iv) to partner with community organizations and health 
     care providers to develop and deliver evidence-based, 
     culturally and linguistically appropriate interventions to 
     increase vaccination rates;
       ``(v) to improve delivery of evidence-based vaccine-related 
     information to parents and others; and
       ``(vi) to improve the ability of State, local, Tribal, and 
     territorial public health departments to engage communities 
     at high risk for outbreaks related to vaccine-preventable 
     diseases, including, as appropriate, with local educational 
     agencies (as defined in section 8101 of the Elementary and 
     Secondary Education Act of 1965); and
       ``(F) research related to strategies for improving 
     awareness of scientific and evidence-based vaccine-related 
     information, including for communities with low rates of 
     vaccination, in order to understand barriers to vaccination, 
     improve vaccination rates, and assess the public health 
     outcomes of such strategies.''; and
       (B) by adding at the end the following:
       ``(5) In addition to amounts authorized to be appropriated 
     by subsection (j) to carry out this subsection, there is 
     authorized to be appropriated to carry out this subsection 
     $750,000,000 for the period of fiscal years 2021 through 
     2025.''; and
       (2) by adding at the end the following:
       ``(n) Vaccination Data.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease

[[Page H5345]]

     Control and Prevention, shall expand and enhance, and, as 
     appropriate, establish and improve, programs and conduct 
     activities to collect, monitor, and analyze vaccination 
     coverage data to assess levels of protection from vaccine-
     preventable diseases including COVID-19, including by--
       ``(A) assessing factors contributing to underutilization of 
     vaccines and variations of such factors; and
       ``(B) identifying communities at high risk of outbreaks 
     associated with vaccine-preventable diseases.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     the period of fiscal years 2021 through 2025.''.
       (c) Supplemental Grant Funds.--Section 330(d)(1) of the 
     Public Health Service Act (42 U.S.C. 254b(d)(1)) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(H) improving access to recommended immunizations.''.
       (d) Update of 2015 NVAC Report.--The National Vaccine 
     Advisory Committee established under section 2105 of the 
     Public Health Service Act (42 U.S.C. 300aa-5) shall, as 
     appropriate, update the report entitled, ``Assessing the 
     State of Vaccine Confidence in the United States: 
     Recommendations from the National Vaccine Advisory 
     Committee'', approved by the National Vaccine Advisory 
     Committee on June 10, 2015, with respect to factors affecting 
     childhood vaccination.

                       TITLE VIII--OTHER MATTERS

     SEC. 801. NON-DISCRIMINATION.

       (a) In General.--Notwithstanding any provision of a covered 
     law (or an amendment made in any such provision), no person 
     otherwise eligible shall be excluded from participation in, 
     denied the benefits of, or subjected to discrimination in the 
     administration of, programs and services receiving funding 
     under a covered law (or an amendment made by a provision of 
     such a covered law), based on any factor that is not merit-
     based, such as age, disability, sex (including sexual 
     orientation, gender identity, and pregnancy, childbirth, and 
     related medical conditions), race, color, national origin, 
     immigration status, or religion.
       (b) Covered Law Defined.--In this section, the term 
     ``covered law'' includes--
       (1) this Act (other than this section);
       (2) title I of division B of the Paycheck Protection 
     Program and Healthcare Enhancement Act (Public Law 116-139);
       (3) subtitles A, D, and E of title III of the CARES Act 
     (Public Law 116-136);
       (4) division F of the Families First Coronavirus Relief Act 
     (Public Law 116-127); and
       (5) division B of the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (Public Law 116-123).

           DIVISION L--VETERANS AND SERVICEMEMBERS PROVISIONS

     SEC. 101. INCREASE OF AMOUNT OF CERTAIN DEPARTMENT OF 
                   VETERANS AFFAIRS PAYMENTS DURING EMERGENCY 
                   PERIOD RESULTING FROM COVID-19 PANDEMIC.

       (a) In General.--During the covered period, the Secretary 
     of Veterans Affairs shall apply each of the following 
     provisions of title 38, United States Code, by substituting 
     for each of the dollar amounts in such provision the amount 
     equal to 125 percent of the dollar amount that was in effect 
     under such provision on the date of the enactment of this 
     Act:
       (1) Subsections (l), (m), (r), and (t) of section 1114.
       (2) Paragraph (1)(E) of section 1115.
       (3) Subsection (c) of section 1311.
       (4) Subsection (g) of section 1315.
       (5) Paragraphs (1) and (2) of subsection (d) of section 
     1521.
       (6) Paragraphs (2) and (4) of subsection (f) of section 
     1521.
       (b) Treatment of Amounts.--Any amount payable to an 
     individual under subsection (a) in excess of the amount 
     otherwise in effect shall be in addition to any other benefit 
     or any other amount payable to that individual under any 
     provision of law referred to in subsection (a) or any other 
     provision of law administered by the Secretary of Veterans 
     Affairs.
       (c) Covered Period.--In this section, the covered period is 
     the period that begins on the date of the enactment of this 
     Act and ends 60 days after the last day of the emergency 
     period (as defined in section 1135(g)(1) of the Social 
     Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the 
     COVID-19 pandemic.

     SEC. 102. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   VETERANS RECEIVING PREVENTIVE SERVICES RELATING 
                   TO COVID-19.

       (a) Prohibition.--The Secretary of Veterans Affairs may not 
     require any copayment or other cost sharing under chapter 17 
     of title 38, United States Code, for qualifying coronavirus 
     preventive services. The requirement described in this 
     subsection shall take effect with respect to a qualifying 
     coronavirus preventive service on the specified date.
       (b) Definitions.--In this section, the terms ``qualifying 
     coronavirus preventive service'' and ``specified date'' have 
     the meaning given those terms in section 3203 of the CARES 
     Act (Public Law 116-136).

     SEC. 103. EMERGENCY TREATMENT FOR VETERANS DURING COVID-19 
                   EMERGENCY PERIOD.

       (a) Emergency Treatment.--Notwithstanding section 1725 or 
     1728 of title 38, United States Code, or any other provision 
     of law administered by the Secretary of Veterans Affairs 
     pertaining to furnishing emergency treatment to veterans at 
     non-Department facilities, during the period of a covered 
     public health emergency, the Secretary of Veterans Affairs 
     shall furnish to an eligible veteran emergency treatment at a 
     non-Department facility in accordance with this section.
       (b) Authorization Not Required.--The Secretary may not 
     require an eligible veteran to seek authorization by the 
     Secretary for emergency treatment furnished to the veteran 
     pursuant to subsection (a).
       (c) Payment Rates.--
       (1) Determination.--The rate paid for emergency treatment 
     furnished to eligible veterans pursuant to subsection (a) 
     shall be equal to the rate paid by the United States to a 
     provider of services (as defined in section 1861(u) of the 
     Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as 
     defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))) 
     under the Medicare program under title XI or title XVIII of 
     the Social Security Act (42 U.S.C. 1301 et seq.), including 
     section 1834 of such Act (42 U.S.C. 1395m), for the same 
     treatment.
       (2) Finality.--A payment in the amount payable under 
     paragraph (1) for emergency treatment furnished to an 
     eligible veteran pursuant to subsection (a) shall be 
     considered payment in full and shall extinguish the veteran's 
     liability to the provider of such treatment, unless the 
     provider rejects the payment and refunds to the United States 
     such amount by not later than 30 days after receiving the 
     payment.
       (d) Claims Processed by Third Party Administrators.--
       (1) Requirement.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary shall seek to award 
     a contract to one or more entities, or to modify an existing 
     contract, to process claims for payment for emergency 
     treatment furnished to eligible veterans pursuant to 
     subsection (a).
       (2) Prompt payment standard.--Section 1703D of title 38, 
     United States Code, shall apply with respect to claims for 
     payment for emergency treatment furnished to eligible 
     veterans pursuant to subsection (a).
       (e) Primary Payer.--The Secretary shall be the primary 
     payer with respect to emergency treatment furnished to 
     eligible veterans pursuant to subsection (a), and with 
     respect to the transportation of a veteran by ambulance. In 
     any case in which an eligible veteran is furnished such 
     emergency treatment for a non-service-connected disability 
     described in subsection (a)(2) of section 1729 of title 38, 
     United States Code, the Secretary shall recover or collect 
     reasonable charges for such treatment from a health plan 
     contract described in such section 1729 in accordance with 
     such section.
       (f) Application.--This section shall apply to emergency 
     treatment furnished to eligible veterans during the period of 
     a covered public health emergency, regardless of whether 
     treatment was furnished before the date of the enactment of 
     this Act.
       (g) Definitions.--In this section:
       (1) The term ``covered public health emergency'' means the 
     declaration--
       (A) of a public health emergency, based on an outbreak of 
     COVID-19 by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 
     247d); or
       (B) of a domestic emergency, based on an outbreak of COVID-
     19 by the President, the Secretary of Homeland Security, or a 
     State or local authority.
       (2) The term ``eligible veteran'' means a veteran enrolled 
     in the health care system established under section 1705 of 
     title 38, United States Code.
       (3) The term ``emergency treatment'' means medical care or 
     services rendered in a medical emergency of such nature that 
     a prudent layperson reasonably expects that delay in seeking 
     immediate medical attention would be hazardous to life or 
     health.
       (4) The term ``non-Department facility'' has the meaning 
     given that term in section 1701 of title 38, United States 
     Code.

     SEC. 104. HUD-VASH PROGRAM.

       The Secretary of Housing and Urban Development shall take 
     such actions with respect to the supported housing program 
     carried out under section 8(o)(19) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) in conjunction 
     with the Department of Veterans Affairs (commonly referred to 
     as ``HUD-VASH''), and shall require public housing agencies 
     administering assistance under such program to take such 
     actions, as may be appropriate to facilitate the issuance and 
     utilization of vouchers for rental assistance under such 
     program during the period of the covered public health 
     emergency (as such term is defined in section 1 of this Act), 
     including the following actions:
       (1) Establishing mechanisms and procedures providing for 
     referral and application documents used under such program to 
     be received by fax, electronic mail, drop box, or other means 
     not requiring in-person contact.
       (2) Establishing mechanisms and procedures for processing 
     applications for participation in such program that do not 
     require identification or verification of identity by social 
     security number or photo ID in cases in which closure of 
     governmental offices prevents confirmation or verification of 
     identity by such means.
       (3) Providing for waiver of requirements to conduct housing 
     quality standard inspections with respect to dwelling units 
     for which rental assistance is provided under such program.

     SEC. 105. DEFERRAL OF CERTAIN DEBTS ARISING FROM BENEFITS 
                   UNDER LAWS ADMINISTERED BY THE SECRETARY OF 
                   VETERANS AFFAIRS.

       (a) In General.--During the covered period, the Secretary 
     of Veterans Affairs may not--
       (1) take any action to collect a covered debt (including 
     the offset of any payment by the Secretary);

[[Page H5346]]

       (2) record a covered debt;
       (3) issue notice of a covered debt to a person or a 
     consumer reporting agency;
       (4) allow any interest to accrue on a covered debt; or
       (5) apply any administrative fee to a covered debt.
       (b) Exception.--Notwithstanding subsection (a), the 
     Secretary may collect a payment regarding a covered debt 
     (including interest or any administrative fee) from a person 
     (or the fiduciary of that person) who elects to make such a 
     payment during the covered period.
       (c) Definitions.--In this section:
       (1) The term ``consumer reporting agency'' has the meaning 
     given that term in section 5701 of title 38, United States 
     Code.
       (2) The term ``covered debt'' means a debt--
       (A) owed by a person (including a fiduciary) to the United 
     States;
       (B) arising from a benefit under a covered law; and
       (C) that is not subject to recovery under--
       (i) section 3729 of title 31, United States Code;
       (ii) section 1729 of title 38, United States Code; or
       (iii) Public Law 87-693 (42 U.S.C. 2651).
       (3) The term ``covered law'' means any law administered by 
     the Secretary of Veterans Affairs through--
       (A) the Under Secretary for Health; or
       (B) the Under Secretary for Benefits.
       (4) The term ``covered period'' means--
       (A) the COVID-19 emergency period; and
       (B) the 60 days immediately following the date of the end 
     of the COVID-19 emergency period.
       (5) The term ``COVID-19 emergency period'' means the 
     emergency period described in section 1135(g)(1)(B) of the 
     Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).

     SEC. 106. TOLLING OF DEADLINES RELATING TO CLAIMS FOR 
                   BENEFITS ADMINISTERED BY SECRETARY OF VETERANS 
                   AFFAIRS.

       (a) Required Tolling.--With respect to claims and appeals 
     made by a claimant, the covered period shall be excluded in 
     computing the following:
       (1) In cases where an individual expresses an intent to 
     file a claim, the period in which the individual is required 
     to file the claim in order to have the effective date of the 
     claim be determined based on the date of such intent, as 
     described in section 3.155(b)(1) of title 38, Code of Federal 
     Regulations.
       (2) The period in which the claimant is required to take an 
     action pursuant to section 5104C of title 38, United States 
     Code.
       (3) The period in which the claimant is required to appeal 
     a change in service-connected or employability status or 
     change in physical condition described in section 5112(b)(6) 
     of such title.
       (4) The period in which an individual is required to file a 
     notice of appeal under section 7266 of such title.
       (5) Any other period in which a claimant or beneficiary is 
     required to act with respect to filing, perfecting, or 
     appealing a claim, as determined appropriate by the Secretary 
     of Veterans Affairs.
       (b) Use of Postmark Dates.--With respect to claims filed 
     using nonelectronic means and appeals made during the covered 
     period, the Secretary of Veterans Affairs and the Court of 
     Appeals for Veterans Claims, as the case may be, shall 
     administer the provisions of title 38, United States Code, as 
     follows:
       (1) In section 5110--
       (A) in subsection (a)--
       (i) in paragraph (1), by substituting ``the earlier of the 
     date of receipt of application therefor and the date of the 
     postmark or other official proof of mailing date of the 
     application therefor'' for ``the date of receipt of 
     application therefor''; and
       (ii) in paragraph (3), by substituting ``the earlier of the 
     date of receipt of the supplemental claim and the date of the 
     postmark or other official proof of mailing date of the 
     supplemental claim'' for ``the date of receipt of the 
     supplemental claim''; and
       (B) in subsection (b)(2)(A), by substituting ``the earlier 
     of the date of receipt of application and the date of the 
     postmark or other official proof of mailing date of the 
     application'' for ``the date of receipt of the application''.
       (2) In section 7266, without regard to subsection (d).
       (c) Definitions.--In this section:
       (1) The term ``claimant'' has the meaning given that term 
     in section 5100 of title 38, United States Code.
       (2) The term ``covered period'' means the period beginning 
     on the date of the emergency period (as defined in section 
     1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1))) resulting from the COVID-19 pandemic and ending 90 
     days after the last day of such emergency period.

     SEC. 107. PROVISION OF DEPARTMENT OF VETERANS AFFAIRS 
                   HOSPITAL CARE AND MEDICAL SERVICES TO CERTAIN 
                   VETERANS WHO ARE UNEMPLOYED OR LOST EMPLOYER-
                   SPONSORED HEALTH CARE COVERAGE BY REASON OF A 
                   COVERED PUBLIC HEALTH EMERGENCY.

       (a) In General.--During the 12-month period beginning on 
     the date on which a covered veteran applies for hospital care 
     or medical services under this section, the Secretary of 
     Veterans Affairs shall consider the covered veteran to be 
     unable to defray the expenses of necessary care for purposes 
     of section 1722 of title 38, United States Code, and shall 
     furnish to such veteran hospital care and medical services 
     under chapter 17 of title 38, United States Code.
       (b) Covered Veteran.--For purposes of this section, a 
     covered veteran is a veteran--
       (1) who--
       (A) is unemployed; or
       (B) has lost access to a group health plan or group health 
     insurance coverage by reason of a covered public health 
     emergency; and
       (2) whose projected attributable income for the 12-month 
     period beginning on the date of application for hospital care 
     or medical services under this section is not more than the 
     amount in effect under section 1722(b) of title 38, United 
     States Code.
       (c) Definitions.--In this section:
       (1) The term ``covered public health emergency'' means the 
     declaration--
       (A) of a public health emergency, based on an outbreak of 
     COVID-19 by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 
     247d); or
       (B) of a domestic emergency, based on an outbreak of COVID-
     19 by the President, the Secretary of Homeland Security, or 
     State, or local authority.
       (2) The terms ``group health plan'' and ``group health 
     insurance coverage'' have the meaning given such terms in 
     section 2701 of the Public Health Service Act (42 U.S.C. 
     300gg-3).

     SEC. 108. EXPANSION OF VET CENTER SERVICES TO VETERANS AND 
                   MEMBERS OF THE ARMED FORCES WHO PERFORM CERTAIN 
                   SERVICE IN RESPONSE TO COVERED PUBLIC HEALTH 
                   EMERGENCY.

       (a) In General.--Section 1712A of title 38, United States 
     Code, is amended--
       (1) by striking ``clauses (i) through (iv)'' both places it 
     appears and inserting ``clauses (i) through (v)'';
       (2) by striking ``in clause (v)'' both places it appears 
     and inserting ``in clause (vi)'';
       (3) in subsection (a)(1)(C)--
       (A) by redesignating clauses (iv) and (v) as clauses (v) 
     and (vi), respectively; and
       (B) by inserting after clause (iii) the following new 
     clause (iv):
       ``(iv) Any individual who is a veteran or member of the 
     Armed Forces (including the reserve components), who, in 
     response to a covered public health emergency, performed 
     active service or State active duty for a period of at least 
     14 days.''; and
       (4) in subsection (h), by adding at the end the following 
     new paragraphs:
       ``(4) The term `active service' has the meaning given that 
     term in section 101 of title 10.
       ``(5) The term `covered public health emergency' means the 
     declaration--
       ``(A) of a public health emergency, based on an outbreak of 
     COVID-19, by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 
     247d); or
       ``(B) of a domestic emergency, based on an outbreak of 
     COVID-19, by the President, the Secretary of Homeland 
     Security, or a State or local authority.''.
       (b) Conforming Amendment.--Section 201(q)(4) of the 
     Commander John Scott Hannon Veterans Mental Health Care 
     Improvement Act of 2019 is amended by striking ``clauses (i) 
     through (iv) of section 1712A(a)(1)(C)'' and inserting 
     ``clauses (i) through (v) of section 1712A(a)(1)(C)''.

   DIVISION M--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS

               TITLE I--COVID-19 PRICE GOUGING PREVENTION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``COVID-19 Price Gouging 
     Prevention Act''.

     SEC. 102. PREVENTION OF PRICE GOUGING.

       (a) In General.--For the duration of a public health 
     emergency declared pursuant to section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) as a result of confirmed 
     cases of 2019 novel coronavirus (COVID-19), including any 
     renewal thereof, it shall be unlawful for any person to sell 
     or offer for sale a good or service at a price that--
       (1) is unconscionably excessive; and
       (2) indicates the seller is using the circumstances related 
     to such public health emergency to increase prices 
     unreasonably.
       (b) Factors for Consideration.--In determining whether a 
     person has violated subsection (a), there shall be taken into 
     account, with respect to the price at which such person sold 
     or offered for sale the good or service, factors that include 
     the following:
       (1) Whether such price grossly exceeds the average price at 
     which the same or a similar good or service was sold or 
     offered for sale by such person--
       (A) during the 90-day period immediately preceding January 
     31, 2020; or
       (B) during the period that is 45 days before or after the 
     date that is one year before the date such good or service is 
     sold or offered for sale under subsection (a).
       (2) Whether such price grossly exceeds the average price at 
     which the same or a similar good or service was readily 
     obtainable from other similarly situated competing sellers 
     before January 31, 2020.
       (3) Whether such price reasonably reflects additional 
     costs, not within the control of such person, that were paid, 
     incurred, or reasonably anticipated by such person, or 
     reasonably reflects the profitability of forgone sales or 
     additional risks taken by such person, to produce, 
     distribute, obtain, or sell such good or service under the 
     circumstances.
       (c) Enforcement.--
       (1) Enforcement by federal trade commission.--
       (A) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) shall be treated as a violation of a 
     regulation under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or 
     deceptive acts or practices.
       (B) Powers of commission.--The Commission shall enforce 
     subsection (a) in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade

[[Page H5347]]

     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this section. Any person who violates such 
     subsection shall be subject to the penalties and entitled to 
     the privileges and immunities provided in the Federal Trade 
     Commission Act.
       (2) Effect on other laws.--Nothing in this section shall be 
     construed in any way to limit the authority of the Commission 
     under any other provision of law.
       (3) Enforcement by state attorneys general.--
       (A) In general.--If the chief law enforcement officer of a 
     State, or an official or agency designated by a State, has 
     reason to believe that any person has violated or is 
     violating subsection (a), the attorney general, official, or 
     agency of the State, in addition to any authority it may have 
     to bring an action in State court under its laws, may bring a 
     civil action in any appropriate United States district court 
     or in any other court of competent jurisdiction, including a 
     State court, to--
       (i) enjoin further such violation by such person;
       (ii) enforce compliance with such subsection;
       (iii) obtain civil penalties; and
       (iv) obtain damages, restitution, or other compensation on 
     behalf of residents of the State.
       (B) Notice and intervention by the ftc.--The attorney 
     general of a State shall provide prior written notice of any 
     action under subparagraph (A) to the Commission and provide 
     the Commission with a copy of the complaint in the action, 
     except in any case in which such prior notice is not 
     feasible, in which case the attorney general shall serve such 
     notice immediately upon instituting such action. The 
     Commission shall have the right--
       (i) to intervene in the action;
       (ii) upon so intervening, to be heard on all matters 
     arising therein; and
       (iii) to file petitions for appeal.
       (C) Limitation on state action while federal action is 
     pending.--If the Commission has instituted a civil action for 
     violation of this section, no State attorney general, or 
     official or agency of a State, may bring an action under this 
     paragraph during the pendency of that action against any 
     defendant named in the complaint of the Commission for any 
     violation of this section alleged in the complaint.
       (D) Relationship with state-law claims.--If the attorney 
     general of a State has authority to bring an action under 
     State law directed at acts or practices that also violate 
     this section, the attorney general may assert the State-law 
     claim and a claim under this section in the same civil 
     action.
       (4) Savings clause.--Nothing in this section shall preempt 
     or otherwise affect any State or local law.
       (d) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Good or service.--The term ``good or service'' means a 
     good or service offered in commerce, including--
       (A) food, beverages, water, ice, a chemical, or a personal 
     hygiene product;
       (B) any personal protective equipment for protection from 
     or prevention of contagious diseases, filtering facepiece 
     respirators, medical equipment and supplies (including 
     medical testing supplies), a drug as defined in section 
     201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321(g)(1)), cleaning supplies, disinfectants, 
     sanitizers; or
       (C) any healthcare service, cleaning service, or delivery 
     service.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, each commonwealth, 
     territory, or possession of the United States, and each 
     federally recognized Indian Tribe.

TITLE II--E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT, CONNECTED 
                       DEVICES, AND CONNECTIVITY

     SEC. 201. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT, 
                   CONNECTED DEVICES, AND CONNECTIVITY DURING 
                   EMERGENCY PERIODS RELATING TO COVID-19.

       (a) Regulations Required.--Not later than 7 days after the 
     date of the enactment of this Act, the Commission shall 
     promulgate regulations providing for the provision, from 
     amounts made available from the Emergency Connectivity Fund 
     established under subsection (j)(1), of support under section 
     254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 
     254(h)(1)(B)) to an elementary school, secondary school, or 
     library (including a Tribal elementary school, Tribal 
     secondary school, or Tribal library) for the purchase during 
     an emergency period described in subsection (f) (including 
     any portion of such a period occurring before the date of the 
     enactment of this Act) of equipment described in subsection 
     (c), advanced telecommunications and information services, or 
     equipment described in such subsection and advanced 
     telecommunications and information services, for use by--
       (1) in the case of a school, students and staff of such 
     school at locations that include locations other than such 
     school; and
       (2) in the case of a library, patrons of such library at 
     locations that include locations other than such library.
       (b) Tribal Issues.--
       (1) Reservation for tribal lands.--The Commission shall 
     reserve not less than 5 percent of the amounts available to 
     the Commission under subsection (j)(2) to provide support 
     under the regulations required by subsection (a) to schools 
     and libraries that serve persons who are located on Tribal 
     lands.
       (2) Eligibility of tribal libraries.--For purposes of 
     determining the eligibility of a Tribal library for support 
     under the regulations required by subsection (a), the portion 
     of paragraph (4) of section 254(h) of the Communications Act 
     of 1934 (47 U.S.C. 254(h)) relating to eligibility for 
     assistance from a State library administrative agency under 
     the Library Services and Technology Act shall not apply.
       (c) Equipment Described.--The equipment described in this 
     subsection is the following:
       (1) Wi-Fi hotspots.
       (2) Modems.
       (3) Routers.
       (4) Devices that combine a modem and router.
       (5) Connected devices.
       (d) Prioritization of Support.--The Commission shall 
     provide in the regulations required by subsection (a) for a 
     mechanism to require a school or library to prioritize the 
     provision of equipment described in subsection (c), advanced 
     telecommunications and information services, or equipment 
     described in such subsection and advanced telecommunications 
     and information services, for which support is received under 
     such regulations, to students and staff or patrons (as the 
     case may be) that the school or library believes do not have 
     access to equipment described in subsection (c), do not have 
     access to advanced telecommunications and information 
     services, or have access to neither equipment described in 
     subsection (c) nor advanced telecommunications and 
     information services, at the residences of such students and 
     staff or patrons.
       (e) Support Amount.--
       (1) Reimbursement of 100 percent of costs.--In providing 
     support under the regulations required by subsection (a), the 
     Commission shall reimburse 100 percent of the costs 
     associated with the equipment described in subsection (c), 
     advanced telecommunications and information services, or 
     equipment described in such subsection and advanced 
     telecommunications and information services for which such 
     support is provided, except that any reimbursement of a 
     school or library for the costs associated with any such 
     equipment may not exceed an amount that the Commission 
     determines, with respect to the request by such school or 
     library for such reimbursement, is reasonable.
       (2) Shortfall in funding.--If requests for reimbursement 
     for equipment described in subsection (c), advanced 
     telecommunications and information services, or equipment 
     described in such subsection and advanced telecommunications 
     and information services exceed amounts available from the 
     Emergency Connectivity Fund established under subsection 
     (j)(1), the Commission shall--
       (A) prioritize reimbursements based on the assigned 
     discount percentage of each eligible school or library 
     requesting reimbursement under subpart F of part 54 of title 
     47, Code of Federal Regulations (or any successor 
     regulation), starting with the eligible schools and libraries 
     with the highest discount percentage established under such 
     subpart; and
       (B) not later than 2 days after the Commission determines 
     that the shortfall in funding exists, notify the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Appropriations of the Senate and the Committee on Energy and 
     Commerce and the Committee on Appropriations of the House of 
     Representatives of such shortfall.
       (f) Emergency Periods Described.--An emergency period 
     described in this subsection is a period that--
       (1) begins on the date of a determination by the Secretary 
     of Health and Human Services pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) that a public 
     health emergency exists as a result of COVID-19; and
       (2) ends on the June 30 that first occurs after the date on 
     which such determination (including any renewal thereof) 
     terminates.
       (g) Treatment of Equipment After Emergency Period.--The 
     Commission shall provide in the regulations required by 
     subsection (a) that, in the case of a school or library that 
     purchases equipment described in subsection (c) using support 
     received under such regulations, such school or library--
       (1) may, after the emergency period with respect to which 
     such support is received, use such equipment for such 
     purposes as such school or library considers appropriate, 
     subject to any restrictions provided in such regulations (or 
     any successor regulation); and
       (2) may not sell or otherwise transfer such equipment in 
     exchange for any thing (including a service) of value, except 
     that such school or library may exchange such equipment for 
     upgraded equipment of the same type.
       (h) Rule of Construction.--Nothing in this section shall be 
     construed to affect any authority the Commission may have 
     under section 254(h)(1)(B) of the Communications Act of 1934 
     (47 U.S.C. 254(h)(1)(B)) to allow support under such section 
     to be used for the purposes described in subsection (a) other 
     than as required by such subsection.
       (i) Procedural Matters.--
       (1) Part 54 regulations.--Nothing in this section shall be 
     construed to prevent the Commission from providing that the 
     regulations in part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation), shall apply in 
     whole or in part to support provided under the regulations 
     required by subsection (a), shall not apply in whole or in 
     part to such support, or shall be modified in whole or in 
     part for purposes of application to such support.
       (2) Exemption from certain rulemaking requirements.--
     Section 553 of title 5, United States Code, shall not apply 
     to a regulation promulgated under subsection (a) or a 
     rulemaking to promulgate such a regulation.

[[Page H5348]]

       (3) Paperwork reduction act exemption.--A collection of 
     information conducted or sponsored under the regulations 
     required by subsection (a), or under section 254 of the 
     Communications Act of 1934 (47 U.S.C. 254) in connection with 
     support provided under such regulations, shall not constitute 
     a collection of information for the purposes of subchapter I 
     of chapter 35 of title 44, United States Code (commonly 
     referred to as the Paperwork Reduction Act).
       (j) Emergency Connectivity Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Emergency 
     Connectivity Fund.
       (2) Use of funds.--Amounts in the Emergency Connectivity 
     Fund shall be available to the Commission to provide support 
     under the regulations required by subsection (a).
       (3) Relationship to universal service contributions.--
     Support provided under the regulations required by subsection 
     (a) shall be provided from amounts made available under 
     paragraph (2) and not from contributions under section 254(d) 
     of the Communications Act of 1934 (47 U.S.C. 254(d)).
       (k) Definitions.--In this section:
       (1) Advanced telecommunications and information services.--
     The term ``advanced telecommunications and information 
     services'' means advanced telecommunications and information 
     services, as such term is used in section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)).
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) Connected device.--The term ``connected device'' means 
     a laptop computer, tablet computer, or similar device that is 
     capable of connecting to advanced telecommunications and 
     information services.
       (4) Library.--The term ``library'' includes a library 
     consortium.
       (5) Tribal land.--The term ``Tribal land'' means--
       (A) any land located within the boundaries of--
       (i) an Indian reservation, pueblo, or rancheria; or
       (ii) a former reservation within Oklahoma;
       (B) any land not located within the boundaries of an Indian 
     reservation, pueblo, or rancheria, the title to which is 
     held--
       (i) in trust by the United States for the benefit of an 
     Indian Tribe or an individual Indian;
       (ii) by an Indian Tribe or an individual Indian, subject to 
     restriction against alienation under laws of the United 
     States; or
       (iii) by a dependent Indian community;
       (C) any land located within a region established pursuant 
     to section 7(a) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1606(a));
       (D) Hawaiian Home Lands, as defined in section 801 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4221); or
       (E) those areas or communities designated by the Assistant 
     Secretary of Indian Affairs of the Department of the Interior 
     that are near, adjacent, or contiguous to reservations where 
     financial assistance and social service programs are provided 
     to Indians because of their status as Indians.
       (6) Tribal library.--The term ``Tribal library'' means, 
     only during an emergency period described under subsection 
     (f), a facility owned by an Indian Tribe, serving Indian 
     Tribes, or serving American Indians, Alaskan Natives, or 
     Native Hawaiian communities, including--
       (A) a Tribal library or Tribal library consortium; or
       (B) a Tribal government building, chapter house, longhouse, 
     community center, or other similar public building.
       (7) Wi-fi.--The term ``Wi-Fi'' means a wireless networking 
     protocol based on Institute of Electrical and Electronics 
     Engineers standard 802.11 (or any successor standard).
       (8) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a 
     device that is capable of--
       (A) receiving mobile advanced telecommunications and 
     information services; and
       (B) sharing such services with another device through the 
     use of Wi-Fi.

           TITLE III--EMERGENCY BENEFIT FOR BROADBAND SERVICE

     SEC. 301. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY 
                   PERIODS RELATING TO COVID-19.

       (a) Promulgation of Regulations Required.--Not later than 7 
     days after the date of the enactment of this Act, the 
     Commission shall promulgate regulations implementing this 
     section.
       (b) Requirements.--The regulations promulgated pursuant to 
     subsection (a) shall establish the following:
       (1) Emergency broadband benefit.--During an emergency 
     period, a provider shall provide an eligible household with 
     an internet service offering, upon request by a member of 
     such household. Such provider shall discount the price 
     charged to such household for such internet service offering 
     in an amount equal to the emergency broadband benefit for 
     such household.
       (2) Verification of eligibility.--To verify whether a 
     household is an eligible household, a provider shall either--
       (A) use the National Lifeline Eligibility Verifier; or
       (B) rely upon an alternative verification process of the 
     provider, if the Commission finds such process to be 
     sufficient to avoid waste, fraud, and abuse.
       (3) Use of national lifeline eligibility verifier.--The 
     Commission shall--
       (A) expedite the ability of all providers to access the 
     National Lifeline Eligibility Verifier for purposes of 
     determining whether a household is an eligible household; and
       (B) ensure that the National Lifeline Eligibility Verifier 
     approves an eligible household to receive the emergency 
     broadband benefit not later than two days after the date of 
     the submission of information necessary to determine if such 
     household is an eligible household.
       (4) Extension of emergency period.--An emergency period may 
     be extended within a State or any portion thereof if the 
     State, or in the case of Tribal land, a Tribal government, 
     provides written, public notice to the Commission stipulating 
     that an extension is necessary in furtherance of the recovery 
     related to COVID-19. The Commission shall, within 48 hours 
     after receiving such notice, post the notice on the public 
     website of the Commission.
       (5) Reimbursement.--From the Emergency Broadband 
     Connectivity Fund established in subsection (h), the 
     Commission shall reimburse a provider in an amount equal to 
     the emergency broadband benefit with respect to an eligible 
     household that receives such benefit from such provider.
       (6) Reimbursement for connected device.--A provider that, 
     in addition to providing the emergency broadband benefit to 
     an eligible household, supplies such household with a 
     connected device may be reimbursed up to $100 from the 
     Emergency Broadband Connectivity Fund established in 
     subsection (h) for such connected device, if the charge to 
     such eligible household is more than $10 but less than $50 
     for such connected device, except that a provider may receive 
     reimbursement for no more than one connected device per 
     eligible household.
       (7) No retroactive reimbursement.--A provider may not 
     receive a reimbursement from the Emergency Broadband 
     Connectivity Fund for providing an internet service offering 
     discounted by the emergency broadband benefit, or for 
     supplying a connected device, that was provided or supplied 
     (as the case may be) before the date of the enactment of this 
     Act.
       (8) Certification required.--To receive a reimbursement 
     under paragraph (5) or (6), a provider shall certify to the 
     Commission the following:
       (A) That the amount for which the provider is seeking 
     reimbursement from the Emergency Broadband Connectivity Fund 
     for an internet service offering to an eligible household is 
     not more than the normal rate.
       (B) That each eligible household for which a provider is 
     seeking reimbursement for providing an internet service 
     offering discounted by the emergency broadband benefit--
       (i) has not been and will not be charged--

       (I) for such offering, if the normal rate for such offering 
     is less than or equal to the amount of the emergency 
     broadband benefit for such household; or
       (II) more for such offering than the difference between the 
     normal rate for such offering and the amount of the emergency 
     broadband benefit for such household;

       (ii) will not be required to pay an early termination fee 
     if such eligible household elects to enter into a contract to 
     receive such internet service offering if such household 
     later terminates such contract; and
       (iii) was not subject to a mandatory waiting period for 
     such internet service offering based on having previously 
     received broadband internet access service from such 
     provider.
       (C) That each eligible household for which the provider is 
     seeking reimbursement for supplying such household with a 
     connected device has not been and will not be charged $10 or 
     less or $50 or more for such device.
       (D) A description of the process used by the provider to 
     verify that a household is an eligible household, if the 
     provider elects an alternative verification process under 
     paragraph (2)(B), and that such verification process was 
     designed to avoid waste, fraud, and abuse.
       (9) Audit requirements.--The Commission shall adopt audit 
     requirements to ensure that providers are in compliance with 
     the requirements of this section and to prevent waste, fraud, 
     and abuse in the emergency broadband benefit program 
     established under this section.
       (c) Eligible Providers.--Notwithstanding subsection (e) of 
     this section, the Commission shall provide a reimbursement to 
     a provider under this section without requiring such provider 
     to be designated as an eligible telecommunications carrier 
     under section 214(e) of the Communications Act of 1934 (47 
     U.S.C. 214(e)).
       (d) Rule of Construction.--Nothing in this section shall 
     affect the collection, distribution, or administration of the 
     Lifeline Assistance Program governed by the rules set forth 
     in subpart E of part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation).
       (e) Part 54 Regulations.--Nothing in this section shall be 
     construed to prevent the Commission from providing that the 
     regulations in part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation), shall apply in 
     whole or in part to support provided under the regulations 
     required by subsection (a), shall not apply in whole or in 
     part to such support, or shall be modified in whole or in 
     part for purposes of application to such support.
       (f) Enforcement.--A violation of this section or a 
     regulation promulgated under this section, including the 
     knowing or reckless denial of an internet service offering 
     discounted by the emergency broadband benefit to an eligible 
     household that requests such an offering, shall be treated as 
     a violation of the Communications Act of 1934 (47 U.S.C. 151 
     et seq.) or a regulation promulgated under such Act. The 
     Commission shall enforce this section and the regulations 
     promulgated under this section in the same manner, by the 
     same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Communications Act of 1934 were incorporated into and made a 
     part of this section.
       (g) Exemptions.--
       (1) Certain rulemaking requirements.--Section 553 of title 
     5, United States Code, shall not apply to a regulation 
     promulgated under

[[Page H5349]]

     subsection (a) or a rulemaking to promulgate such a 
     regulation.
       (2) Paperwork reduction act requirements.--A collection of 
     information conducted or sponsored under the regulations 
     required by subsection (a) shall not constitute a collection 
     of information for the purposes of subchapter I of chapter 35 
     of title 44, United States Code (commonly referred to as the 
     Paperwork Reduction Act).
       (h) Emergency Broadband Connectivity Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Emergency 
     Broadband Connectivity Fund.
       (2) Use of funds.--Amounts in the Emergency Broadband 
     Connectivity Fund shall be available to the Commission for 
     reimbursements to providers under the regulations required by 
     subsection (a).
       (3) Relationship to universal service contributions.--
     Reimbursements provided under the regulations required by 
     subsection (a) shall be provided from amounts made available 
     under this subsection and not from contributions under 
     section 254(d) of the Communications Act of 1934 (47 U.S.C. 
     254(d)), except the Commission may use such contributions if 
     needed to offset expenses associated with the reliance on the 
     National Lifeline Eligibility Verifier to determine 
     eligibility of households to receive the emergency broadband 
     benefit.
       (i) Definitions.--In this section:
       (1) Broadband internet access service.--The term 
     ``broadband internet access service'' has the meaning given 
     such term in section 8.1(b) of title 47, Code of Federal 
     Regulations (or any successor regulation).
       (2) Connected device.--The term ``connected device'' means 
     a laptop or desktop computer or a tablet.
       (3) Eligible household.--The term ``eligible household'' 
     means, regardless of whether the household or any member of 
     the household receives support under subpart E of part 54 of 
     title 47, Code of Federal Regulations (or any successor 
     regulation), and regardless of whether any member of the 
     household has any past or present arrearages with a provider, 
     a household in which--
       (A) at least one member of the household meets the 
     qualifications in subsection (a) or (b) of section 54.409 of 
     title 47, Code of Federal Regulations (or any successor 
     regulation);
       (B) at least one member of the household has applied for 
     and been approved to receive benefits under the free and 
     reduced price lunch program under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.) or the 
     school breakfast program under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773);
       (C) at least one member of the household has experienced a 
     substantial loss of income since February 29, 2020, 
     documented by layoff or furlough notice, application for 
     unemployment insurance benefits, or similar documentation; or
       (D) at least one member of the household has received a 
     Federal Pell Grant under section 401 of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a) in the current award year.
       (4) Emergency broadband benefit.--The term ``emergency 
     broadband benefit'' means a monthly discount for an eligible 
     household applied to the normal rate for an internet service 
     offering, in an amount equal to such rate, but not more than 
     $50, or, if an internet service offering is provided to an 
     eligible household on Tribal land, not more than $75.
       (5) Emergency period.--The term ``emergency period'' means 
     a period that--
       (A) begins on the date of a determination by the Secretary 
     of Health and Human Services pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) that a public 
     health emergency exists as a result of COVID-19; and
       (B) ends on the date that is 6 months after the date on 
     which such determination (including any renewal thereof) 
     terminates, except as such period may be extended under 
     subsection (b)(4).
       (6) Internet service offering.--The term ``internet service 
     offering'' means, with respect to a provider, broadband 
     internet access service provided by such provider to a 
     household, offered in the same manner, and on the same terms, 
     as described in any of such provider's advertisements for 
     broadband internet access service to such household, as on 
     September 1, 2020.
       (7) Normal rate.--The term ``normal rate'' means, with 
     respect to an internet service offering by a provider, the 
     advertised monthly retail rate, as of September 1, 2020, 
     including any applicable promotions and excluding any taxes 
     or other governmental fees.
       (8) Provider.--The term ``provider'' means a provider of 
     broadband internet access service.

     SEC. 302. ENHANCED LIFELINE BENEFITS DURING EMERGENCY 
                   PERIODS.

       (a) Enhanced Minimum Service Standards for Lifeline 
     Benefits During Emergency Periods.--During an emergency 
     period--
       (1) the minimum service standard for Lifeline supported 
     mobile voice service shall provide an unlimited number of 
     minutes per month;
       (2) the minimum service standard for Lifeline supported 
     mobile data service shall provide an unlimited data allowance 
     each month and 4G speeds, where available; and
       (3) the Basic Support Amount and Tribal Lands Support 
     Amount, as described in section 54.403 of title 47, Code of 
     Federal Regulations (or any successor regulation), shall be 
     increased by an amount necessary, as determined by the 
     Commission, to offset any incremental increase in cost 
     associated with the requirements in paragraphs (1) and (2), 
     but at a minimum the Basic Support Amount shall be not less 
     than $25 per month and the Tribal Lands Support Amount shall 
     be not less than $40 per month.
       (b) Extension of Emergency Period.--An emergency period may 
     be extended within a State or any portion thereof for a 
     maximum of six months, if the State, or in the case of Tribal 
     land, a Tribal government, provides written, public notice to 
     the Commission stipulating that an extension is necessary in 
     furtherance of the recovery related to COVID-19. The 
     Commission shall, within 48 hours after receiving such 
     notice, post the notice on the public website of the 
     Commission.
       (c) Regulations.--
       (1) In general.--Not later than 7 days after the date of 
     the enactment of this Act, the Commission shall promulgate 
     regulations implementing this section.
       (2) Exemptions.--
       (A) Certain rulemaking requirements.--Section 553 of title 
     5, United States Code, shall not apply to a regulation 
     promulgated under paragraph (1) or a rulemaking to promulgate 
     such a regulation.
       (B) Paperwork reduction act requirements.--A collection of 
     information conducted or sponsored under the regulations 
     promulgated under paragraph (1), or under section 254 of the 
     Communications Act of 1934 (47 U.S.C. 254) in connection with 
     support provided under such regulations, shall not constitute 
     a collection of information for the purposes of subchapter I 
     of chapter 35 of title 44, United States Code (commonly 
     referred to as the Paperwork Reduction Act).
       (d) Emergency Period Defined.--In this section, the term 
     ``emergency period'' means a period that--
       (1) begins on the date of a determination by the Secretary 
     of Health and Human Services pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) that a public 
     health emergency exists as a result of COVID-19; and
       (2) ends on the date that is 6 months after the date on 
     which such determination (including any renewal thereof) 
     terminates, except as such period may be extended under 
     subsection (b).

     SEC. 303. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE 
                   ELIGIBILITY VERIFIER.

       (a) In General.--From amounts appropriated to carry out 
     this section, the Commission shall, not later than 7 days 
     after the date of the enactment of this Act, make a grant to 
     each State, in an amount in proportion to the population of 
     such State, for the purpose of connecting the database used 
     by such State for purposes of the supplemental nutrition 
     assistance program under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.) to the National Lifeline Eligibility 
     Verifier, so that the receipt by a household of benefits 
     under such program is reflected in the National Lifeline 
     Eligibility Verifier.
       (b) Disbursement of Grant Funds.--Funds under each grant 
     made under subsection (a) shall be disbursed to the State 
     receiving such grant not later than 7 days after the date of 
     the enactment of this Act.
       (c) Certification to Congress.--Not later than 21 days 
     after the date of the enactment of this Act, the Commission 
     shall certify to the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate that the grants 
     required by subsection (a) have been made and that funds have 
     been disbursed as required by subsection (b).

     SEC. 304. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) National lifeline eligibility verifier.--The term 
     ``National Lifeline Eligibility Verifier'' has the meaning 
     given such term in section 54.400 of title 47, Code of 
     Federal Regulations (or any successor regulation).
       (3) State.--The term ``State'' has the meaning given such 
     term in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).

                    TITLE IV--CONTINUED CONNECTIVITY

     SEC. 401. CONTINUED CONNECTIVITY DURING EMERGENCY PERIODS 
                   RELATING TO COVID-19.

       Title VII of the Communications Act of 1934 (47 U.S.C. 601 
     et seq.) is amended by adding at the end the following:

     ``SEC. 723. CONTINUED CONNECTIVITY DURING EMERGENCY PERIODS 
                   RELATING TO COVID-19.

       ``(a) In General.--During an emergency period described in 
     subsection (c), it shall be unlawful--
       ``(1) for a provider of advanced telecommunications service 
     or voice service to--
       ``(A) terminate, reduce, or change such service provided to 
     any individual customer or small business because of the 
     inability of the individual customer or small business to pay 
     for such service if the individual customer or small business 
     certifies to such provider that such inability to pay is a 
     result of disruptions caused by the public health emergency 
     to which such emergency period relates; or
       ``(B) impose late fees on any individual customer or small 
     business because of the inability of the individual customer 
     or small business to pay for such service if the individual 
     customer or small business certifies to such provider that 
     such inability to pay is a result of disruptions caused by 
     the public health emergency to which such emergency period 
     relates;
       ``(2) for a provider of advanced telecommunications service 
     to, during such emergency period--
       ``(A) employ a limit on the amount of data allotted to an 
     individual customer or small business during such emergency 
     period, except that such provider may engage in reasonable 
     network management; or
       ``(B) charge an individual customer or small business an 
     additional fee for exceeding the limit on the data allotted 
     to an individual customer or small business; or
       ``(3) for a provider of advanced telecommunications service 
     that had functioning Wi-Fi

[[Page H5350]]

     hotspots available to subscribers in public places on the day 
     before the beginning of such emergency period to fail to make 
     service provided by such Wi-Fi hotspots available to the 
     public at no cost during such emergency period.
       ``(b) Waiver.--Upon a petition by a provider advanced 
     telecommunications service or voice service, the provisions 
     in subsection (a) may be suspended or waived by the 
     Commission at any time, in whole or in part, for good cause 
     shown.
       ``(c) Emergency Periods Described.--An emergency period 
     described in this subsection is any portion beginning on or 
     after the date of the enactment of this section of the 
     duration of a public health emergency declared pursuant to 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     as a result of COVID-19, including any renewal thereof.
       ``(d) Definitions.--In this section:
       ``(1) Advanced telecommunications service.--The term 
     `advanced telecommunications service' means a service that 
     provides advanced telecommunications capability (as defined 
     in section 706 of the Telecommunications Act of 1996 (47 
     U.S.C. 1302)).
       ``(2) Broadband internet access service.--The term 
     `broadband internet access service' has the meaning given 
     such term in section 8.1(b) of title 47, Code of Federal 
     Regulations (or any successor regulation).
       ``(3) Individual customer.--The term `individual customer' 
     means an individual who contracts with a mass-market retail 
     provider of advanced telecommunications service or voice 
     service to provide service to such individual.
       ``(4) Reasonable network management.--The term `reasonable 
     network management'--
       ``(A) means the use of a practice that--
       ``(i) has a primarily technical network management 
     justification; and
       ``(ii) is primarily used for and tailored to achieving a 
     legitimate network management purpose, taking into account 
     the particular network architecture and technology of the 
     service; and
       ``(B) does not include other business practices.
       ``(5) Small business.--The term `small business' has the 
     meaning given such term under section 601(3) of title 5, 
     United States Code.
       ``(6) Voice service.--The term `voice service' has the 
     meaning given such term under section 227(e)(8) of the 
     Communications Act of 1934 (47 U.S.C. 227(e)(8)).
       ``(7) Wi-fi.--The term `Wi-Fi' means a wireless networking 
     protocol based on Institute of Electrical and Electronics 
     Engineers standard 802.11 (or any successor standard).
       ``(8) Wi-fi hotspot.--The term `Wi-Fi hotspot' means a 
     device that is capable of--
       ``(A) receiving mobile broadband internet access service; 
     and
       ``(B) sharing such service with another device through the 
     use of Wi-Fi.''.

                   TITLE V--DON'T BREAK UP THE T-BAND

     SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION T-
                   BAND SPECTRUM.

       (a) Repeal.--Section 6103 of the Middle Class Tax Relief 
     and Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     section 6103.

  TITLE VI--COVID-19 COMPASSION AND MARTHA WRIGHT PRISON PHONE JUSTICE

     SEC. 601. FINDINGS.

       Congress finds the following:
       (1) Prison, jails, and other confinement facilities in the 
     United States have unique telecommunications needs due to 
     safety and security concerns.
       (2) Unjust and unreasonable charges for telephone and 
     advanced communications services in confinement facilities 
     negatively impact the safety and security of communities in 
     the United States by damaging relationships between 
     incarcerated persons and their support systems, thereby 
     exacerbating recidivism.
       (3) The COVID-19 pandemic has greatly intensified these 
     concerns. Jails and prisons have become epicenters for the 
     spread of the virus, with incarcerated persons concentrated 
     in small, confined spaces and often without access to 
     adequate health care. At Cook County jail alone, hundreds of 
     incarcerated persons and jail staff have tested positive for 
     the virus since its outbreak.
       (4) To prevent the spread of the virus, many jails and 
     prisons across the country suspended public visitation, 
     leaving confinement facility communications services as the 
     only way that incarcerated persons can stay in touch with 
     their families.
       (5) All people in the United States, including anyone who 
     pays for confinement facility communications services, should 
     have access to communications services at charges that are 
     just and reasonable.
       (6) Unemployment has risen sharply as a result of the 
     COVID-19 pandemic, straining the incomes of millions of 
     Americans and making it even more difficult for families of 
     incarcerated persons to pay the high costs of confinement 
     facility communications services.
       (7) Certain markets for confinement facility communications 
     services are distorted due to reverse competition, in which 
     the financial interests of the entity making the buying 
     decision (the confinement facility) are aligned with the 
     seller (the provider of confinement facility communications 
     services) and not the consumer (the incarcerated person or a 
     member of his or her family). This reverse competition occurs 
     because site commission payments to the confinement facility 
     from the provider of confinement facility communications 
     services are the chief criterion many facilities use to 
     select their provider of confinement facility communications 
     services.
       (8) Charges for confinement facility communications 
     services that have been shown to be unjust and unreasonable 
     are often a result of site commission payments that far 
     exceed the costs incurred by the confinement facility in 
     accommodating these services.
       (9) Unjust and unreasonable charges have been assessed for 
     both audio and video services and for both intrastate and 
     interstate communications from confinement facilities.
       (10) Though Congress enacted emergency legislation to allow 
     free communications in Federal prisons during the pandemic, 
     it does not cover communications to or from anyone 
     incarcerated in State and local prisons or jails.
       (11) Mrs. Martha Wright-Reed led a campaign for just 
     communications rates for incarcerated people for over a 
     decade.
       (12) Mrs. Wright-Reed was the lead plaintiff in Wright v. 
     Corrections Corporation of America, CA No. 00-293 (GK) 
     (D.D.C. 2001).
       (13) That case ultimately led to the Wright Petition at the 
     Federal Communications Commission, CC Docket No. 96-128 
     (November 3, 2003).
       (14) As a grandmother, Mrs. Wright-Reed was forced to 
     choose between purchasing medication and communicating with 
     her incarcerated grandson.
       (15) Mrs. Wright-Reed passed away on January 18, 2015, 
     before fully realizing her dream of just communications rates 
     for all people.

     SEC. 602. REQUIREMENTS FOR CONFINEMENT FACILITY 
                   COMMUNICATIONS SERVICES, DURING THE COVID-19 
                   PANDEMIC AND OTHER TIMES.

       (a) In General.--Section 276 of the Communications Act of 
     1934 (47 U.S.C. 276) is amended by adding at the end the 
     following:
       ``(e) Additional Requirements for Confinement Facility 
     Communications Services.--
       ``(1) Authority.--
       ``(A) In general.--All charges, practices, classifications, 
     and regulations for and in connection with confinement 
     facility communications services shall be just and 
     reasonable, and any such charge, practice, classification, or 
     regulation that is unjust or unreasonable is declared to be 
     unlawful.
       ``(B) Rulemaking required.--Not later than 18 months after 
     the date of the enactment of this subsection, the Commission 
     shall issue rules to adopt, for the provision of confinement 
     facility communications services, rates and ancillary service 
     charges that are just and reasonable, which shall be the 
     maximum such rates and charges that a provider of confinement 
     facility communications services may charge for such 
     services. In determining rates and charges that are just and 
     reasonable, the Commission shall adopt such rates and charges 
     based on the average industry costs of providing such 
     services using data collected from providers of confinement 
     facility communications services.
       ``(C) Biennial review.--Not less frequently than every 2 
     years following the issuance of rules under subparagraph (B), 
     the Commission shall--
       ``(i) determine whether the rates and ancillary service 
     charges authorized by the rules issued under such 
     subparagraph remain just and reasonable; and
       ``(ii) if the Commission determines under clause (i) that 
     any such rate or charge does not remain just and reasonable, 
     revise such rules so that such rate or charge is just and 
     reasonable.
       ``(2) Interim rate caps.--Until the Commission issues the 
     rules required by paragraph (1)(B), a provider of confinement 
     facility communications services may not charge a rate for 
     any voice service communication using confinement facility 
     communications services that exceeds the following:
       ``(A) For debit calling or prepaid calling, $0.04 per 
     minute.
       ``(B) For collect calling, $0.05 per minute.
       ``(3) Assessment on per-minute basis.--Except as provided 
     in paragraph (4), a provider of confinement facility 
     communications services--
       ``(A) shall assess all charges for a communication using 
     such services on a per-minute basis for the actual duration 
     of the communication, measured from communication acceptance 
     to termination, rounded up to the next full minute, except in 
     the case of charges for services that the confinement 
     facility offers free of charge or for amounts below the 
     amounts permitted under this subsection; and
       ``(B) may not charge a per-communication or per-connection 
     charge for a communication using such services.
       ``(4) Ancillary service charges.--
       ``(A) General prohibition.--A provider of confinement 
     facility communications services may not charge an ancillary 
     service charge other than--
       ``(i) if the Commission has not yet issued the rules 
     required by paragraph (1)(B), a charge listed in subparagraph 
     (B) of this paragraph; or
       ``(ii) a charge authorized by the rules adopted by the 
     Commission under paragraph (1).
       ``(B) Permitted charges and rates.--If the Commission has 
     not yet issued the rules required by paragraph (1)(B), a 
     provider of confinement facility communications services may 
     not charge a rate for an ancillary service charge in excess 
     of the following:
       ``(i) In the case of an automated payment fee, 2.9 percent 
     of the total charge on which the fee is assessed.
       ``(ii) In the case of a fee for single-call and related 
     services, the exact transaction fee charged by the third-
     party provider, with no markup.
       ``(iii) In the case of a live agent fee, $5.95 per use.
       ``(iv) In the case of a paper bill or statement fee, $2 per 
     use.
       ``(v) In the case of a third-party financial transaction 
     fee, the exact fee, with no markup, charged by the third 
     party for the transaction.
       ``(5) Prohibition on site commissions.--A provider of 
     confinement facility communications services may not assess a 
     site commission.
       ``(6) Relationship to state law.--A State or political 
     subdivision of a State may not enforce any law, rule, 
     regulation, standard, or other provision having the force or 
     effect of law relating to confinement facility communications 
     services that allows for higher rates or other charges

[[Page H5351]]

     to be assessed for such services than is permitted under any 
     Federal law or regulation relating to confinement facility 
     communications services.
       ``(7) Definitions.--In this subsection:
       ``(A) Ancillary service charge.--The term `ancillary 
     service charge' means any charge a consumer may be assessed 
     for the setting up or use of a confinement facility 
     communications service that is not included in the per-minute 
     charges assessed for individual communications.
       ``(B) Automated payment fee.--The term `automated payment 
     fee' means a credit card payment, debit card payment, or bill 
     processing fee, including a fee for a payment made by means 
     of interactive voice response, the internet, or a kiosk.
       ``(C) Collect calling.--The term `collect calling' means an 
     arrangement whereby a credit-qualified party agrees to pay 
     for charges associated with a communication made to such 
     party using confinement facility communications services and 
     originating from within a confinement facility.
       ``(D) Confinement facility.--The term `confinement 
     facility'--
       ``(i) means a jail or a prison; and
       ``(ii) includes any juvenile, detention, work release, or 
     mental health facility that is used primarily to hold 
     individuals who are--

       ``(I) awaiting adjudication of criminal charges or an 
     immigration matter; or
       ``(II) serving a sentence for a criminal conviction.

       ``(E) Confinement facility communications service.--The 
     term `confinement facility communications service' means a 
     service that allows incarcerated persons to make electronic 
     communications (whether intrastate, interstate, or 
     international and whether made using video, audio, or any 
     other communicative method, including advanced communications 
     services) to individuals outside the confinement facility, or 
     to individuals inside the confinement facility, where the 
     incarcerated person is being held, regardless of the 
     technology used to deliver the service.
       ``(F) Consumer.--The term `consumer' means the party paying 
     a provider of confinement facility communications services.
       ``(G) Debit calling.--The term `debit calling' means a 
     presubscription or comparable service which allows an 
     incarcerated person, or someone acting on an incarcerated 
     person's behalf, to fund an account set up through a provider 
     that can be used to pay for confinement facility 
     communications services originated by the incarcerated 
     person.
       ``(H) Fee for single-call and related services.--The term 
     `fee for single-call and related services' means a billing 
     arrangement whereby communications made by an incarcerated 
     person using collect calling are billed through a third party 
     on a per-communication basis, where the recipient does not 
     have an account with the provider of confinement facility 
     communications services.
       ``(I) Incarcerated person.--The term `incarcerated person' 
     means a person detained at a confinement facility, regardless 
     of the duration of the detention.
       ``(J) Jail.--The term `jail'--
       ``(i) means a facility of a law enforcement agency of the 
     Federal Government or of a State or political subdivision of 
     a State that is used primarily to hold individuals who are--

       ``(I) awaiting adjudication of criminal charges;
       ``(II) post-conviction and committed to confinement for 
     sentences of one year or less; or
       ``(III) post-conviction and awaiting transfer to another 
     facility; and

       ``(ii) includes--

       ``(I) city, county, or regional facilities that have 
     contracted with a private company to manage day-to-day 
     operations;
       ``(II) privately-owned and operated facilities primarily 
     engaged in housing city, county, or regional incarcerated 
     persons; and
       ``(III) facilities used to detain individuals pursuant to a 
     contract with U.S. Immigration and Customs Enforcement.

       ``(K) Live agent fee.--The term `live agent fee' means a 
     fee associated with the optional use of a live operator to 
     complete a confinement facility communications service 
     transaction.
       ``(L) Paper bill or statement fee.--The term `paper bill or 
     statement fee' means a fee associated with providing a 
     consumer an optional paper billing statement.
       ``(M) Per-communication or per-connection charge.--The term 
     `per-communication or per-connection charge' means a one-time 
     fee charged to a consumer at the initiation of a 
     communication.
       ``(N) Prepaid calling.--The term `prepaid calling' means a 
     calling arrangement that allows a consumer to pay in advance 
     for a specified amount of confinement facility communications 
     services.
       ``(O) Prison.--The term `prison'--
       ``(i) means a facility operated by a State or Federal 
     agency that is used primarily to confine individuals 
     convicted of felonies and sentenced to terms in excess of one 
     year; and
       ``(ii) includes--

       ``(I) public and private facilities that provide outsource 
     housing to State or Federal agencies such as State 
     Departments of Correction and the Federal Bureau of Prisons; 
     and
       ``(II) facilities that would otherwise be jails but in 
     which the majority of incarcerated persons are post-
     conviction or are committed to confinement for sentences of 
     longer than one year.

       ``(P) Provider of confinement facility communications 
     services.--The term `provider of confinement facility 
     communications services' means any communications service 
     provider that provides confinement facility communications 
     services, regardless of the technology used.
       ``(Q) Site commission.--The term `site commission' means 
     any monetary payment, in-kind payment, gift, exchange of 
     services or goods, fee, technology allowance, or product that 
     a provider of confinement facility communications services or 
     an affiliate of a provider of confinement facility 
     communications services may pay, give, donate, or otherwise 
     provide to--
       ``(i) an entity that operates a confinement facility;
       ``(ii) an entity with which the provider of confinement 
     facility communications services enters into an agreement to 
     provide confinement facility communications services;
       ``(iii) a governmental agency that oversees a confinement 
     facility;
       ``(iv) the State or political subdivision of a State where 
     a confinement facility is located; or
       ``(v) an agent or other representative of an entity 
     described in any of clauses (i) through (iv).
       ``(R) Third-party financial transaction fee.--The term 
     `third-party financial transaction fee' means the exact fee, 
     with no markup, that a provider of confinement facility 
     communications services is charged by a third party to 
     transfer money or process a financial transaction to 
     facilitate the ability of a consumer to make an account 
     payment via a third party.
       ``(S) Voice service.--The term `voice service'--
       ``(i) means any service that is interconnected with the 
     public switched telephone network and that furnishes voice 
     communications to an end user using resources from the North 
     American Numbering Plan or any successor to the North 
     American Numbering Plan adopted by the Commission under 
     section 251(e)(1); and
       ``(ii) includes--

       ``(I) transmissions from a telephone facsimile machine, 
     computer, or other device to a telephone facsimile machine; 
     and
       ``(II) without limitation, any service that enables real-
     time, two-way voice communications, including any service 
     that requires internet protocol-compatible customer premises 
     equipment (commonly known as `CPE') and permits out-bound 
     calling, whether or not the service is one-way or two-way 
     voice over internet protocol.''.

       (b) Conforming Amendment.--Section 276(d) of the 
     Communications Act of 1934 (47 U.S.C. 276(d)) is amended by 
     striking ``inmate telephone service in correctional 
     institutions'' and inserting ``confinement facility 
     communications services (as defined in subsection (e)(7))''.
       (c) Existing Contracts.--
       (1) In general.--In the case of a contract that was entered 
     into and under which a provider of confinement facility 
     communications services was providing such services at a 
     confinement facility on or before the date of the enactment 
     of this Act--
       (A) paragraphs (1) through (5) of subsection (e) of section 
     276 of the Communications Act of 1934, as added by subsection 
     (a) of this section, shall apply to the provision of 
     confinement facility communications services by such provider 
     at such facility beginning on the earlier of--
       (i) the date that is 60 days after such date of enactment; 
     or
       (ii) the date of the termination of the contract; and
       (B) the terms of such contract may not be extended after 
     such date of enactment, whether by exercise of an option or 
     otherwise.
       (2) Definitions.--In this subsection, the terms 
     ``confinement facility'', ``confinement facility 
     communications service'', and ``provider of confinement 
     facility communications services'' have the meanings given 
     such terms in paragraph (7) of subsection (e) of section 276 
     of the Communications Act of 1934, as added by subsection (a) 
     of this section.

     SEC. 603. AUTHORITY.

       Section 2(b) of the Communications Act of 1934 (47 U.S.C. 
     152(b)) is amended by inserting ``section 276,'' after ``227, 
     inclusive,''.

                   DIVISION N--AGRICULTURE PROVISIONS

     SEC. 100. DEFINITIONS.

       In this division:
       (1) The term ``COVID-19'' means the disease caused by SARS-
     CoV-2, or any viral strain mutating therefrom with pandemic 
     potential.
       (2) 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 
     Services Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19 (including any renewal of that 
     declaration).
       (3) The term ``Secretary'' means the Secretary of 
     Agriculture.

                     TITLE I--LIVESTOCK AND POULTRY

     SEC. 101. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH 
                   SELLERS OF LIVESTOCK.

       The Packers and Stockyards Act, 1921, is amended by 
     inserting after section 317 (7 U.S.C. 217a) the following new 
     section:

     ``SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.

       ``(a) Establishment.--
       ``(1) In general.--All livestock purchased by a dealer in 
     cash sales and all inventories of, or receivables or proceeds 
     from, such livestock shall be held by such dealer in trust 
     for the benefit of all unpaid cash sellers of such livestock 
     until full payment has been received by such unpaid cash 
     sellers.
       ``(2) Exemption.--Any dealer whose average annual purchases 
     of livestock do not exceed $100,000 shall be exempt from the 
     provisions of this section.
       ``(3) Effect of dishonored instruments.--For purposes of 
     determining full payment under paragraph (1), a payment to an 
     unpaid cash seller shall not be considered to have been made 
     if the unpaid cash seller receives a payment instrument that 
     is dishonored.
       ``(b) Preservation of Trust.--An unpaid cash seller shall 
     lose the benefit of a trust under subsection (a) if the 
     unpaid cash seller has not preserved the trust by giving 
     written notice to

[[Page H5352]]

     the dealer involved and filing such notice with the 
     Secretary--
       ``(1) within 30 days of the final date for making a payment 
     under section 409 in the event that a payment instrument has 
     not been received; or
       ``(2) within 15 business days after the date on which the 
     seller receives notice that the payment instrument promptly 
     presented for payment has been dishonored.
       ``(c) Notice to Lien Holders.--When a dealer receives 
     notice under subsection (b) of the unpaid cash seller's 
     intent to preserve the benefits of the trust, the dealer 
     shall, within 15 business days, give notice to all persons 
     who have recorded a security interest in, or lien on, the 
     livestock held in such trust.
       ``(d) Cash Sales Defined.--For the purpose of this section, 
     a cash sale means a sale in which the seller does not 
     expressly extend credit to the buyer.
       ``(e) Purchase of Livestock Subject to Trust.--
       ``(1) In general.--A person purchasing livestock subject to 
     a dealer trust shall receive good title to the livestock if 
     the person receives the livestock--
       ``(A) in exchange for payment of new value; and
       ``(B) in good faith without notice that the transfer is a 
     breach of trust.
       ``(2) Dishonored payment instrument.--Payment shall not be 
     considered to have been made if a payment instrument given in 
     exchange for the livestock is dishonored.
       ``(3) Transfer in satisfaction of antecedent debt.--A 
     transfer of livestock subject to a dealer trust is not for 
     value if the transfer is in satisfaction of an antecedent 
     debt or to a secured party pursuant to a security agreement.
       ``(f) Enforcement.--Whenever the Secretary has reason to 
     believe that a dealer subject to this section has failed to 
     perform the duties required by this section or whenever the 
     Secretary has reason to believe that it will be in the best 
     interest of unpaid cash sellers, the Secretary shall do one 
     or more of the following--
       ``(1) Appoint an independent trustee to carry out the 
     duties required by this section, preserve trust assets, and 
     enforce the trust.
       ``(2) Serve as independent trustee, preserve trust assets, 
     and enforce the trust.
       ``(3) File suit in the United States district court for the 
     district in which the dealer resides to enjoin the dealer's 
     failure to perform the duties required by this section, 
     preserve trust assets, and to enforce the trust. Attorneys 
     employed by the Secretary may, with the approval of the 
     Attorney General, represent the Secretary in any such suit. 
     Nothing herein shall preclude unpaid sellers from filing suit 
     to preserve or enforce the trust.''.

     SEC. 102. EMERGENCY ASSISTANCE FOR MARKET-READY LIVESTOCK AND 
                   POULTRY LOSSES.

       (a) In General.--The Secretary shall make payments to 
     covered producers to offset the losses of income related to 
     the intentional depopulation of market-ready livestock and 
     poultry due to insufficient regional access to meat and 
     poultry processing related to the COVID-19 public health 
     emergency, as determined by the Secretary.
       (b) Payment Rate for Covered Producers.--
       (1) Payments for first 30-day period.--For a period of 30 
     days beginning, with respect to a covered producer, on the 
     initial date of depopulation described in subsection (a) of 
     the market-ready livestock or poultry of the covered 
     producer, the Secretary shall reimburse such covered producer 
     for 85 percent of the value of losses as determined under 
     subsection (c).
       (2) Subsequent 30-day periods.--For each 30-day period 
     subsequent to the 30-day period described in paragraph (1), 
     the Secretary shall reduce the value of the losses as 
     determined under subsection (c) with respect to a covered 
     producer by 10 percent.
       (c) Valuation.--In calculating the amount of losses for 
     purposes of the payment rates under subsection (b), the 
     Secretary shall use the average fair market value, as 
     determined by the Secretary in collaboration with the Chief 
     Economist of the Department of Agriculture and the 
     Administrator of the Agricultural Marketing Service, for 
     market-ready livestock, where applicable, and market-ready 
     poultry, where applicable, during the period beginning on 
     March 1, 2020, and ending on the date of the enactment of 
     this section. In no case shall a payment made under 
     subsection (b) and compensation received from any other 
     source exceed the average market value of market-ready 
     livestock or poultry on the date of depopulation.
       (d) Packer-owned Animals Excluded.--The Secretary may not 
     make payments under this section for the actual losses of 
     livestock owned by a packer or poultry owned by a live 
     poultry dealer.
       (e) Definitions.--In this section:
       (1) Covered producer.--The term ``covered producer'' means 
     a person or legal entity that assumes the production and 
     market risks associated with the agricultural production of 
     livestock and poultry (as such terms are defined in section 
     2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 
     182(a)).
       (2) Packer.--The term ``packer'' has the meaning given the 
     term in section 201 of the Packers and Stockyards Act, 1921 
     (7 U.S.C. 191).
       (3) Live poultry dealer.--The term ``live poultry dealer'' 
     has the meaning given the term in section 2(a) of the Packers 
     and Stockyards Act, 1921 (7 U.S.C. 182(a)).
       (4) Intentional depopulation.--The term ``intentional 
     depopulation'' means--
       (A) the destruction of livestock or poultry; and
       (B) the transfer of livestock or poultry to a noncommercial 
     interest.
       (f) Funding.--Out of any amounts of the Treasury not 
     otherwise appropriated, there is appropriated to carry out 
     this section such sums as may be necessary, to remain 
     available until expended.

     SEC. 103. ANIMAL DISEASE PREVENTION AND MANAGEMENT RESPONSE.

       Out of any amounts in the Treasury not otherwise 
     appropriated, there is appropriated to carry out section 
     10409A of the Animal Health Protection Act (7 U.S.C. 8308A) 
     $300,000,000, to remain available until expended.

     SEC. 104. GRANTS FOR IMPROVEMENTS TO MEAT AND POULTRY 
                   FACILITIES TO ALLOW FOR INTERSTATE SHIPMENT.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Agricultural Marketing Service and in 
     consultation with the Administrator of the Food Safety 
     Inspection Service, shall make grants to meat and poultry 
     processing facilities (including facilities operating under 
     State inspection or facilities that are exempt from Federal 
     inspection) in operation as of the date on which an 
     application for such a grant is made to assist such 
     facilities with respect to costs incurred in making 
     improvements to such facilities and carrying out other 
     planning activities necessary to be subject to inspection 
     under the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.), or the Poultry Products Inspection Act (21 U.S.C. 451 
     et seq.).
       (b) Grant Amount.--The amount of a grant under this section 
     shall not exceed $100,000.
       (c) Condition.--As a condition on receipt of a grant under 
     this section, a grant recipient shall agree that if the 
     recipient is not subject to inspection or making a good faith 
     effort to be subject to inspection under the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.) or the Poultry 
     Products Inspection Act (21 U.S.C. 451 et seq.) within 36 
     months of receiving such grant, the grant recipient shall 
     make a payment (or payments) to the Secretary in an amount 
     equal to the amount of the grant.
       (d) Matching Funds.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall require a grant recipient under this section 
     to provide matching non-Federal funds in an amount equal to 
     the amount of a grant.
       (2) Exception.--The Secretary shall not require any 
     recipient of a grant under this section to provide matching 
     funds with respect to a grant awarded in fiscal year 2021.
       (e) Reports.--
       (1) Reports on grants made.--Beginning not later than one 
     year after the date on which the first grant is awarded under 
     this section, and annually thereafter, the Secretary shall 
     submit to the Committee on Agriculture and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Appropriations of the Senate a report on grants 
     made under this section and any facilities that were upgraded 
     using such funds during the year covered by the report.
       (2) Report on the cooperative interstate shipment 
     program.--Beginning not later than one year after the date of 
     the enactment of this section, the Secretary shall submit to 
     the Committee on Agriculture and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Appropriations of the Senate a report of any 
     recommendations, developed in consultation with all States, 
     for possible improvements to the cooperative interstate 
     shipment programs under section 501 of the Federal Meat 
     Inspection Act (21 U.S.C. 683) and section 31 of the Poultry 
     Products Inspection Act (21 U.S.C. 472).
       (f) Funding.--Of the funds of the Treasury not otherwise 
     appropriated, there is appropriated to carry out this section 
     $100,000,000 for the period of fiscal years 2021 through 
     2023.

     SEC. 105. PAYMENTS TO CONTRACT PRODUCERS.

       (a) In General.--The Secretary shall make payments to 
     contract growers of livestock or poultry to cover revenue 
     losses in response to the COVID-19 pandemic.
       (b) Livestock and Poultry Losses Not Covered by the First 
     or Second Coronavirus Food Assistance Program.--In the case 
     of livestock or poultry related revenue losses for which a 
     contract grower is ineligible to receive direct payments 
     under the first coronavirus food assistance program or the 
     second coronavirus food assistance program, the Secretary 
     shall base payments required under subsection (a), per 
     commodity, by comparing--
       (1) the revenue losses for the period beginning on January 
     15, 2020, and ending on December 31, 2020; and
       (2) historical revenue.
       (c) Adjusted Gross Income Limitations.--A payment under 
     this section shall be deemed to be a covered benefit under 
     section 1001D(b)(2) of the Food Security Act of 1985 (7 
     U.S.C. 1308-3a(b)(2)), unless at least 75 percent of the 
     adjusted gross income of the recipient of the payment is 
     derived from activities related to farming, ranching, or 
     forestry.
       (d) Payments.--The Secretary shall begin making payments 
     under subsection (a) not later than 60 days after the date of 
     the enactment of this section.
       (e) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     section $1,250,000,000, to remain available until expended.
       (f) Definitions.--In this section:
       (1) CFAP definitions.--
       (A) First coronavirus food assistance program.--The term 
     ``first coronavirus food assistance program'' means the first 
     coronavirus food assistance program (CFAP1) of the Department 
     of Agriculture under sections 9.101 and 9.102 of title 7, 
     Code of Federal Regulations.
       (B) Second coronavirus food assistance program.--The term 
     ``second coronavirus food assistance program'' means the 
     second coronavirus food assistance program (CFAP2) of the 
     Department of Agriculture under sections

[[Page H5353]]

     9.201 and 9.202 of title 7, Code of Federal Regulations.
       (2) Contract grower.--The term ``contract grower'' means a 
     grower of livestock or poultry, including poultry used for 
     egg production, and does not include a packer, live poultry 
     dealer, processor, integrator, or any other business entity 
     relating to livestock or poultry production that does not 
     raise livestock or poultry.
       (3) Live poultry dealer.--The term ``live poultry dealer'' 
     has the meaning given the term in section 2(a) of the Packers 
     and Stockyards Act, 1921 (7 U.S.C. 182(a)).
       (4) Packer.-- The term ``packer'' has the meaning given the 
     term in section 201 of the Packers and Stockyards Act, 1921 
     (7 U.S.C. 191).
       (5) Revenue.--The term ``revenue'' means income derived 
     only from contract livestock or poultry production.

     SEC. 106. REPORTS AND OUTREACH RELATED TO MEAT AND POULTRY 
                   PROCESSING.

       (a) Study and Report on Processing Capacity Required.--
       (1) Study required.--The Secretary shall conduct a study on 
     covered processing facilities, which shall assess with 
     respect to such facilities in each State and region--
       (A) the available monthly and annual slaughter capacity of 
     such facilities, disaggregated by type of facility and 
     whether that capacity is sufficient to meet the national, 
     State, and regional need, including on a local basis;
       (B) the available cold storage capacity of such facilities, 
     disaggregated by type of facility;
       (C) the number and age of established processing 
     facilities, disaggregated by type of facility;
       (D) the ownership demographics of covered processing 
     facilities, including--
       (i) whether such facilities are foreign or domestically-
     owned; and
       (ii) the business structure of such processing facilities;
       (E) the available slaughter capacity for livestock and 
     poultry not grown under contract, disaggregated by type of 
     facility and species so slaughtered;
       (F) with respect to each species slaughtered at covered 
     processing facilities, the estimated distance between 
     livestock and poultry production and processing and the 
     transportation costs associated with such processing;
       (G) any opportunities to support new or innovative 
     processing partnerships that would increase resiliency and 
     flexibility of slaughter and processing capacity; and
       (H) the barriers to increasing the availability of 
     slaughter and processing of meat and poultry, including with 
     respect to--
       (i) expanding existing facilities;
       (ii) creating additional facilities; and
       (iii) reactivating closed facilities.
       (2) Covered processing facility defined.--In this section, 
     the term ``covered processing facility'' means a facility 
     that slaughters or otherwise processes meat or poultry in the 
     United States, including the following types of facilities:
       (A) Facilities subject to Federal inspection under the 
     Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the 
     Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as 
     applicable.
       (B) Facilities subject to State inspection under a meat and 
     poultry inspection program agreement.
       (C) Custom facilities exempt from inspection under the Acts 
     referred to in subparagraph (A).
       (3) Report to congress.--Not later than 1 year after the 
     date of the enactment of this section, the Secretary shall 
     submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that includes the results 
     of the study conducted under paragraph (1).
       (b) Study and Report on Financial Assistance 
     Availability.--
       (1) Study required.--The Secretary shall conduct a study on 
     the availability and effectiveness of--
       (A) Federal loan programs, Federal loan guarantee programs, 
     and grant programs for which--
       (i) facilities that slaughter or otherwise process meat and 
     poultry in the United States, which are in operation and 
     subject to inspection under the Federal Meat Inspection Act 
     (21 U.S.C. 601 et seq.) or the Poultry Products Inspection 
     Act (21 U.S.C. 451 et seq.), as of the date of the enactment 
     of this section, and
       (ii) entities seeking to establish such a facility in the 
     United States,
     may be eligible; and
       (B) Federal grant programs intended to support--
       (i) business activities relating to increasing the 
     slaughter or processing capacity in the United States; and
       (ii) feasibility or marketing studies on the practicality 
     and viability of specific new or expanded projects to support 
     additional slaughter or processing capacity in the United 
     States.
       (2) Report to congress.--Not later than 60 days after the 
     date of the enactment of this section, the Secretary, in 
     consultation with applicable Federal agencies, shall submit a 
     report to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate that includes the results of the 
     study required under paragraph (1).
       (3) Publication.--Not later than 90 days after the date of 
     the enactment of this section, the Secretary shall make 
     publicly available on the website of the Food Safety and 
     Inspection Service of the Department of Agriculture a list of 
     each loan program, loan guarantee program, and grant program 
     identified under paragraph (1).
       (c) Outreach Activities.--
       (1) In general.--To the maximum extent practicable, the 
     Secretary shall conduct outreach and education activities to 
     inform the current or prospective owners and operators of 
     facilities or other entities described in subsection 
     (b)(1)(A), producer groups, and institutions of higher 
     education, of the availability of each loan program, loan 
     guarantee program, and grant program identified under 
     paragraph (1).
       (2) Feasibility or marketing studies.--In carrying out 
     paragraph (1), the Secretary may enter into cooperative 
     agreements with eligible entities to conduct feasibility or 
     marketing studies to determine the practicality and viability 
     of specific projects to support additional slaughter or 
     processing capacity in the United States.
       (3) Maximum amount.--The amount of assistance provided 
     through a cooperative agreement under paragraph (2) with 
     respect to a particular project may not exceed $75,000.
       (4) Reporting.--The Secretary shall publish (and update as 
     necessary) on the public website of the Department of 
     Agriculture, an accounting of outreach activities conducted 
     pursuant to this subsection, including a description of each 
     such activity and the amount of Federal funds expended to 
     conduct each such activity.
       (d) Funding.--To carry out this section, there is 
     appropriated, out of the funds of the Treasury not otherwise 
     appropriated--
       (1) $2,000,000 to carry out subsection (a);
       (2) $2,000,000 to carry out subsection (b); and
       (3) $16,000,000 to carry out subsection (c).

                            TITLE II--DAIRY

     SEC. 201. DAIRY DIRECT DONATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible dairy organization.--The term ``eligible dairy 
     organization'' is defined in section 1431(a) of the 
     Agricultural Act of 2014 (7 U.S.C. 9071(a)).
       (2) Eligible dairy products.--The term ``eligible dairy 
     products'' means products primarily made from milk.
       (3) Eligible distributor.--The term ``eligible 
     distributor'' means a public or private nonprofit 
     organization that distributes donated eligible dairy products 
     to recipient individuals and families.
       (4) Eligible partnership.--The term ``eligible 
     partnership'' means a partnership between an eligible dairy 
     organization and an eligible distributor.
       (b) Establishment and Purposes.--Not later than 45 days 
     after the date of the enactment of this Act, the Secretary 
     shall establish and administer a direct dairy donation 
     program for the purposes of--
       (1) facilitating the timely donation of eligible dairy 
     products; and
       (2) preventing and minimizing food waste.
       (c) Donation and Distribution Plans.--
       (1) In general.--To be eligible to receive reimbursement 
     under this section, an eligible partnership shall submit to 
     the Secretary a donation and distribution plan that describes 
     the process that the eligible partnership will use for the 
     donation, processing, transportation, temporary storage, and 
     distribution of eligible dairy products.
       (2) Review and approval.--No later than 15 business days 
     after receiving a plan described in paragraph (1), the 
     Secretary shall--
       (A) review such plan; and
       (B) issue an approval or disapproval of such plan.
       (d) Reimbursement.--
       (1) In general.--On receipt of appropriate documentation 
     under paragraph (2), the Secretary shall reimburse an 
     eligible dairy organization at a rate equal to the raw milk 
     cost for the product as priced in the Federal milk marketing 
     orders multiplied by the volume of milk required to make the 
     donated product.
       (2) Documentation.--
       (A) In general.--An eligible dairy organization shall 
     submit to the Secretary such documentation as the Secretary 
     may require to demonstrate the eligible dairy product 
     production and donation to the eligible distributor.
       (B) Verification.--The Secretary may verify the accuracy of 
     documentation submitted under subparagraph (A).
       (3) Retroactive reimbursement.--In providing reimbursements 
     under paragraph (1), the Secretary may provide reimbursements 
     for milk costs incurred before the date on which the donation 
     and distribution plan for the applicable participating 
     partnership was approved by the Secretary.
       (e) Prohibition on Resale of Products.--
       (1) In general.--An eligible distributor that receives 
     eligible dairy products donated under this section may not 
     sell the products into commercial markets.
       (2) Prohibition on future participation.--An eligible 
     distributor that the Secretary determines has violated 
     paragraph (1) shall not be eligible for any future 
     participation in the program established under this section.
       (f) Reviews.--The Secretary shall conduct appropriate 
     reviews or audits to ensure the integrity of the program 
     established under this section.
       (g) Publication of Donation Activity.--The Secretary, 
     acting through the Administrator of the Agricultural 
     Marketing Service, shall publish on the publicly accessible 
     website of the Agricultural Marketing Service periodic 
     reports containing donation activity under this section.
       (h) Supplemental Reimbursements.--
       (1) In general.--The Secretary may make a supplemental 
     reimbursement to an eligible dairy organization for an 
     approved donation and distribution plan in accordance with 
     the milk donation program established under section 1431 of 
     the Agricultural Act of 2014 (7 U.S.C. 9071).
       (2) Reimbursement calculation.--A supplemental 
     reimbursement described in paragraph (1) shall be equal to 
     the value of--
       (A) raw milk cost for the product as priced in the Federal 
     milk marketing orders, less any reimbursement provided under 
     section 1431 of the Agricultural Act of 2014, multiplied by

[[Page H5354]]

       (B) the volume of eligible dairy products under such 
     approved donation plan.
       (i) Funding.--Out of any amounts of the Treasury not 
     otherwise appropriated, there is appropriated to carry out 
     this section $500,000,000, to remain available until 
     expended.
       (j) Authority to Carry Out Section.--The Secretary may only 
     carry out this section during a period in which--
       (1) a public health emergency is--
       (A) declared under section 319 of the Public Health 
     Services Act (42 U.S.C. 247d); or
       (B) renewed under such section; or
       (2) a disaster is designated by the Secretary.

     SEC. 202. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAYMENTS.

       (a) In General.--The Secretary shall provide supplemental 
     dairy margin coverage payments to eligible dairy operations 
     described in subsection (b)(1) whenever the average actual 
     dairy production margin (as defined in section 1401 of the 
     Agricultural Act of 2014 (7 U.S.C. 9051)) for a month is less 
     than the coverage level threshold selected by such eligible 
     dairy operation under section 1406 of such Act (7 U.S.C. 
     9056).
       (b) Eligible Dairy Operation Described.--
       (1) In general.--An eligible dairy operation described in 
     this subsection is a dairy operation that--
       (A) is located in the United States; and
       (B) during a calendar year in which such dairy operation is 
     a participating dairy operation (as defined in section 1401 
     of the Agricultural Act of 2014 (7 U.S.C. 9051)), has a 
     production history established under the dairy margin 
     coverage program under section 1405 of the Agricultural Act 
     of 2014 (7 U.S.C. 9055) of less than 5 million pounds, as 
     determined in accordance with subsection (c) of such section 
     1405.
       (2) Limitation on eligibility.--An eligible dairy operation 
     shall only be eligible for payments under this section during 
     a calendar year in which such eligible dairy operation is 
     enrolled in dairy margin coverage (as defined in section 1401 
     of the Agricultural Act of 2014 (7 U.S.C. 9051)).
       (c) Supplemental Production History Calculation.--For 
     purposes of determining the production history of an eligible 
     dairy operation under this section, such dairy operation's 
     production history shall be equal to--
       (1) the production volume of such dairy operation for the 
     2019 milk marketing year; minus
       (2) the dairy margin coverage production history of such 
     dairy operation established under section 1405 of the 
     Agricultural Act of 2014 (7 U.S.C. 9055).
       (d) Coverage Percentage.--
       (1) In general.--For purposes of calculating payments to be 
     issued under this section during a calendar year, an eligible 
     dairy operation's coverage percentage shall be equal to the 
     coverage percentage selected by such eligible dairy operation 
     with respect to such calendar year under section 1406 of the 
     Agricultural Act of 2014 (7 U.S.C. 9056).
       (2) 5-million pound limitation.--
       (A) In general.--The Secretary shall not provide 
     supplemental dairy margin coverage on an eligible dairy 
     operation's actual production for a calendar year such that 
     the total covered production history of such dairy operation 
     exceeds 5 million pounds.
       (B) Determination of amount.--In calculating the total 
     covered production history of an eligible dairy operation 
     under subparagraph (A), the Secretary shall multiply the 
     coverage percentage selected by such operation under section 
     1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) by the 
     sum of--
       (i) the supplemental production history calculated under 
     subsection (c) with respect to such dairy operation; and
       (ii) the dairy margin coverage production history described 
     in subsection (c)(2) with respect to such dairy operation.
       (e) Premium Cost.--The premium cost for an eligible dairy 
     operation under this section for a calendar year shall be 
     equal to the product of multiplying--
       (1) the Tier I premium cost calculated with respect to such 
     dairy operation for such year under section 1407(b) of the 
     Agricultural Act of 2014 (7 U.S.C. 9057(b)); by
       (2) the production history calculation with respect to such 
     dairy operation determined under subsection (c) (such that 
     total covered production history does not exceed 5 million 
     pounds).
       (f) Regulations.--Not later than 45 days after the date of 
     the enactment of this section, the Secretary shall issue 
     regulations to carry out this section.
       (g) Prohibition With Respect to Dairy Margin Coverage 
     Enrollment.--The Secretary may not reopen or otherwise 
     provide a special enrollment for dairy margin coverage (as 
     defined in section 1401 of the Agricultural Act of 2014 (7 
     U.S.C. 9051)) for purposes of establishing eligibility for 
     supplemental dairy margin coverage payments under this 
     section.
       (h) Retroactive Application for Calendar Year 2020.--The 
     Secretary shall make payments under this section to eligible 
     dairy operations described in subsection (b)(1) for months 
     after and including January, 2020.
       (i) Sunset.--The authority to make payments under this 
     section shall terminate on December 31, 2023.
       (j) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     section such sums as necessary, to remain available until the 
     date specified in subsection (i).

     SEC. 203. RECOURSE LOAN PROGRAM FOR COMMERCIAL PROCESSORS OF 
                   DAIRY PRODUCTS.

       (a) In General.--The Secretary shall make recourse loans 
     available to qualified applicants during the COVID-19 
     pandemic.
       (b) Amount of Loan.--
       (1) In general.--A recourse loan made under this section 
     shall be provided to qualified applicants up to the value of 
     the eligible dairy product inventory of the applicant as 
     determined by the Secretary and in accordance with subsection 
     (c).
       (2) Valuation.--For purposes of making recourse loans under 
     this section, the Secretary shall conduct eligible dairy 
     product valuations to provide, to the maximum extent 
     practicable, funds to continue the operations of qualified 
     applicants.
       (c) Inventory Used as Collateral.--Eligible dairy product 
     inventory used as collateral for the recourse loan program 
     under this section shall be pledged on a rotating basis to 
     prevent spoilage of perishable products.
       (d) Term of Loan.--A recourse loan under this section may 
     be made for a period as determined by the Secretary, except 
     that no such recourse loan may end after the date that is 24 
     months after the date of the enactment of this section.
       (e) Funding.--Out of any amounts in the Treasury not 
     otherwise appropriated, there is appropriated to carry out 
     this section $500,000,000.
       (f) Definitions.--In this section:
       (1) Eligible dairy products.--The term ``eligible dairy 
     products'' means all dairy products whether in base commodity 
     or finished product form.
       (2) Qualified applicant.--The term ``qualified applicant'' 
     means any commercial processor, packager, or merchandiser of 
     eligible dairy products that is impacted by COVID-19.

     SEC. 204. DAIRY MARGIN COVERAGE PREMIUM DISCOUNT FOR A 3-YEAR 
                   SIGNUP.

       The Secretary shall provide a 15 percent discount for the 
     premiums described in subsections (b) and (c) of section 1407 
     of the Agricultural Act of 2014 (7 U.S.C. 9051) and the 
     premium described in section 202(e) for a dairy operation (as 
     defined in section 1401 of the Agricultural Act of 2014 (7 
     U.S.C. 9051)) that makes a 1-time, 3-year election to enroll 
     in dairy margin coverage under part I of subtitle D of such 
     Act for calendar years 2021 through 2024.

            TITLE III--SPECIALTY CROPS AND OTHER COMMODITIES

     SEC. 301. SUPPORT FOR SPECIALTY CROP SECTOR.

       Section 101(l) of the Specialty Crops Competitiveness Act 
     of 2004 (7 U.S.C. 1621 note) is amended by adding at the end 
     the following:
       ``(3) COVID-19 outbreak support.--
       ``(A) In general.--The Secretary shall make grants to 
     States eligible to receive a grant under this section to 
     assist State efforts to support the specialty crop sector for 
     impacts related to the COVID-19 public health emergency.
       ``(B) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out 
     subparagraph (A) not less than $500,000,000, to remain 
     available until expended.''.

     SEC. 302. SUPPORT FOR LOCAL AGRICULTURAL MARKETS.

       Section 210A(i) of the Agricultural Marketing Act of 1946 
     (7 U.S.C. 1627c(i)) is amended by adding at the end the 
     following:
       ``(4) Grants for covid-19 assistance.--
       ``(A) In general.--In addition to grants made under the 
     preceding provisions of this subsection, the Secretary shall 
     make grants to eligible entities specified in paragraphs 
     (5)(B) and (6)(B) of subsection (d) to provide assistance in 
     response to the COVID-19 pandemic.
       ``(B) Matching funds applicability.--The Secretary may not 
     require a recipient of a grant under subparagraph (A) to 
     provide any non-Federal matching funds.
       ``(C) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     paragraph, $350,000,000, to remain available until 
     expended.''.

     SEC. 303. SUPPORT FOR FARMING OPPORTUNITIES TRAINING AND 
                   OUTREACH.

       Section 2501 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (7 U.S.C. 2279) is amended by adding at the 
     end the following:
       ``(m) Additional Funding.--
       ``(1) In general.--The Secretary shall make grants to, or 
     enter into cooperative agreements or contracts with, eligible 
     entities specified in subsection (c)(1) or entities eligible 
     for grants under subsection (d) to provide training, 
     outreach, and technical assistance on operations, financing, 
     and marketing, including identifying Federal, State, or local 
     assistance available, to beginning farmers and ranchers, 
     socially disadvantaged farmers and ranchers, and veteran 
     farmers and ranchers in response to the COVID-19 pandemic.
       ``(2) Matching funds applicability.--The Secretary may not 
     require a recipient of a grant under this subsection to 
     provide any non-Federal matching funds.
       ``(3) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     subsection, $50,000,000, to remain available until 
     expended.''.

     SEC. 304. SUPPORT FOR FARM STRESS PROGRAMS.

       (a) In General.--The Secretary shall make grants to State 
     departments of agriculture (or such equivalent department) to 
     expand or sustain stress assistance programs for individuals 
     who are engaged in farming, ranching, and other agriculture-
     related occupations, including--
       (1) programs that meet the criteria specified in section 
     7522(b)(1) of the Food, Conservation, and Energy Act of 2008 
     (7 U.S.C. 5936(b)(1)); and
       (2) any State initiatives carried out as of the date of the 
     enactment of this Act that provide stress assistance for such 
     individuals.
       (b) Grant Timing and Amount.--In making grants under 
     subsection (a), not later than 60 days after the date of the 
     enactment of this Act and subject to subsection (c), the 
     Secretary shall--

[[Page H5355]]

       (1) make awards to States submitting State plans that meet 
     the criteria specified in paragraph (1) of subsection (c) 
     within the time period specified by the Secretary, in an 
     amount not to exceed $1,500,000 for each State; and
       (2) of the amounts made available under subsection (f) and 
     remaining after awards to States under paragraph (1), 
     allocate among such States, an amount to be determined by the 
     Secretary.
       (c) State Plan.--
       (1) In general.--A State department of agriculture seeking 
     a grant under subsection (b) shall submit to the Secretary a 
     State plan to expand or sustain stress assistance programs 
     described in subsection (a) that includes--
       (A) a description of each activity and the estimated amount 
     of funding to support each program and activity carried out 
     through such a program;
       (B) an estimated timeline for the operation of each such 
     program and activity;
       (C) the total amount of funding sought; and
       (D) an assurance that the State department of agriculture 
     will comply with the reporting requirement under subsection 
     (e).
       (2) Guidance.--Not later than 20 days after the date of the 
     enactment of this Act, the Secretary shall issue guidance for 
     States with respect to the submission of a State plan under 
     paragraph (1) and the allocation criteria under subsection 
     (b).
       (3) Reallocation.--If, after the first grants are awarded 
     pursuant to allocation made under subsection (b), any funds 
     made available under subsection (f) to carry out this 
     subsection remain unobligated, the Secretary shall--
       (A) inform States that submit plans as described in 
     subsection (b), of such availability; and
       (B) reallocate such funds among such States, as the 
     Secretary determines to be appropriate and equitable.
       (d) Collaboration.--The Secretary may issue guidance to 
     encourage State departments of agriculture to use funds 
     provided under this section to support programs described in 
     subsection (a) that are operated by--
       (1) Indian tribes (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304));
       (2) State cooperative extension services; and
       (3) nongovernmental organizations.
       (e) Reporting.--Not later than 180 days after the COVID-19 
     public health emergency ends, each State receiving additional 
     grants under subsection (b) shall submit a report to the 
     Secretary describing--
       (1) the activities conducted using such funds;
       (2) the amount of funds used to support each such activity; 
     and
       (3) the estimated number of individuals served by each such 
     activity.
       (f) Funding.--Out of the funds of the Treasury not 
     otherwise appropriated, there is appropriated to carry out 
     this section $84,000,000, to remain available until expended.
       (g) State Defined.--In this section, the term ``State'' 
     means--
       (1) a State;
       (2) the District of Columbia;
       (3) the Commonwealth of Puerto Rico; and
       (4) any other territory or possession of the United States.

     SEC. 305. SUPPORT FOR PROCESSED COMMODITIES.

       (a) Renewable Fuel Reimbursement Program.--
       (1) In general.--The Secretary shall make payments in 
     accordance with this subsection to eligible entities that 
     experienced unexpected market losses as a result of the 
     COVID-19 pandemic during the applicable period.
       (2) Definitions.--In this section:
       (A) Applicable period.--The term ``applicable period'' 
     means January 1, 2020, through May 1, 2020.
       (B) Eligible entity.--The term ``eligible entity'' means 
     any domestic entity or facility that produced any qualified 
     fuel in the calendar year 2019.
       (C) Qualified fuel.--The term ``qualified fuel'' means any 
     advanced biofuel, biomass-based diesel, cellulosic biofuel, 
     conventional biofuel, or renewable fuel, as such terms are 
     defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 
     7545(o)(1)), that is produced in the United States.
       (3) Amount of payment.--The amount of the payment payable 
     to an eligible entity shall be the sum of--
       (A) $0.45 multiplied by the number of gallons of qualified 
     fuel produced by the eligible entity during the applicable 
     period; and
       (B) if the Secretary determines that the eligible entity 
     was unable to produce any qualified fuel throughout 1 or more 
     calendar months during the applicable period due to the 
     COVID-19 pandemic, $0.45 multiplied by 50 percent of the 
     number of gallons produced by the eligible entity in the 
     corresponding month or months in calendar year 2019.
       (4) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the payments made under this subsection, 
     including the identity of each payment recipient and the 
     amount of the payment paid to the payment recipient.
       (5) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     subsection such sums as necessary, to remain available until 
     expended.
       (6) Administration.--
       (A) In general.--The Secretary may use the facilities and 
     authorities of the Commodity Credit Corporation to carry out 
     this subsection.
       (B) Regulations.--
       (i) In general.--Except as otherwise provided in this 
     subsection, not later than 30 days after the date of the 
     enactment of this Act, the Secretary and the Commodity Credit 
     Corporation, as appropriate, shall prescribe such regulations 
     as are necessary to carry out this subsection.
       (ii) Procedure.--The promulgation of regulations under, and 
     administration of, this subsection shall be made without 
     regard to--

       (I) the notice and comment provisions of section 553 of 
     title 5, United States Code; and
       (II) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').

       (b) Emergency Assistance for Textile Mills.--
       (1) In general.--The Secretary shall make emergency 
     assistance available to domestic users of upland cotton and 
     extra long staple cotton in the form of a payment in an 
     amount determined under paragraph (2), regardless of the 
     origin of such upland cotton or extra long staple cotton, 
     during the 10-month period beginning on March 1, 2020.
       (2) Calculation of assistance.--The amount of the 
     assistance provided under paragraph (1) to a domestic user 
     described in such paragraph shall be equal to 10 multiplied 
     by the product of--
       (A) the domestic user's historical monthly average 
     consumption; and
       (B) 6 cents per pound so consumed.
       (3) Allowable use.--Any emergency assistance provided under 
     this section shall be made available only to domestic users 
     of upland cotton and extra long staple cotton that certify 
     that the assistance shall be used only for operating 
     expenses.
       (4) Historical monthly average consumption defined.--The 
     term ``historical monthly average consumption'' means the 
     average consumption for each month occurring during the 
     period beginning on January 1, 2017, and ending on December 
     31, 2019.
       (5) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     subsection, such sums as necessary, to remain available until 
     expended.

                 TITLE IV--COMMODITY CREDIT CORPORATION

     SEC. 401. EMERGENCY ASSISTANCE.

       Section 5 of the Commodity Credit Corporation Charter Act 
     (15 U.S.C. 714c) is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Remove and dispose of or aid in the removal or 
     disposition of surplus livestock and poultry due to 
     significant supply chain interruption during an emergency 
     period.''.

     SEC. 402. CONGRESSIONAL NOTIFICATION AND REPORT.

       (a) Notification.--The Commodity Credit Corporation Charter 
     Act (15 U.S.C. 714 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 20. CONGRESSIONAL NOTIFICATION.

       ``(a) In General.--The Secretary shall notify in writing, 
     by first-class mail and electronic mail, the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate in 
     advance of any obligation or expenditure authorized under 
     this Act.
       ``(b) Written Notice.--A written notice required under 
     subsection (a) shall specify the commodities that will be 
     affected, the maximum financial benefit per commodity, the 
     expected legal entities or individuals that would receive 
     financial benefits, the intended policy goals, and the 
     projected impacts to commodity markets.
       ``(c) Exception to the Written Notice Requirement.--
     Subsection (a) shall not apply if, prior to obligating or 
     spending any funding described in such subsection, the 
     Secretary obtains approval in writing from each of the 
     following individuals--
       ``(1) the Chair of the Committee on Agriculture of the 
     House of Representatives;
       ``(2) the Ranking Member of the Committee on Agriculture of 
     the House of Representatives;
       ``(3) the Chair of the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate; and
       ``(4) the Ranking Member of the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate.
       ``(d) Exclusion for Preexisting Authorizations.--This 
     section shall not apply to obligations and expenditures 
     authorized under the Agriculture Improvement Act of 2018 
     (Public Law 115-334).''.
       (b) Clarification.--Section 3003 of the Federal Reports 
     Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) 
     shall not apply to the second sentence of section 13 of the 
     Commodity Credit Corporation Charter Act (15 U.S.C. 714k).

                         TITLE V--CONSERVATION

     SEC. 501. EMERGENCY SOIL HEALTH AND INCOME PROTECTION PILOT 
                   PROGRAM.

       (a) Definition of Eligible Land.--In this section, the term 
     ``eligible land'' means cropland that--
       (1) is selected by the owner or operator of the land for 
     proposed enrollment in the pilot program under this section; 
     and
       (2) as determined by the Secretary, had a cropping history 
     or was considered to be planted during each of the 3 crop 
     years preceding enrollment.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a voluntary 
     emergency soil health and income protection pilot program 
     under which eligible land is enrolled through the use of 
     contracts to assist owners and operators of eligible land to 
     conserve and improve the soil, water, and wildlife resources 
     of the eligible land.
       (2) Deadline for participation.--Eligible land may be 
     enrolled in the program under this section through December 
     31, 2021.

[[Page H5356]]

       (c) Contracts.--
       (1) Requirements.--A contract described in subsection (b) 
     shall--
       (A) be entered into by the Secretary, the owner of the 
     eligible land, and (if applicable) the operator of the 
     eligible land; and
       (B) provide that, during the term of the contract--
       (i) the lowest practicable cost perennial conserving use 
     cover crop for the eligible land, as determined by the 
     applicable State conservationist after considering the advice 
     of the applicable State technical committee, shall be planted 
     on the eligible land;
       (ii) subject to paragraph (4), the eligible land may be 
     harvested for seed, hayed, or grazed outside the primary 
     nesting season established for the applicable county;
       (iii) the eligible land may be eligible for a walk-in 
     access program of the applicable State, if any; and
       (iv) a nonprofit wildlife organization may provide to the 
     owner or operator of the eligible land a payment in exchange 
     for an agreement by the owner or operator not to harvest the 
     conserving use cover.
       (2) Payments.--
       (A) Rental rate.--Except as provided in paragraph 
     (4)(B)(ii), the annual rental rate for a payment under a 
     contract described in subsection (b) shall be $70 per acre.
       (B) Advance payment.--At the request of the owner and (if 
     applicable) the operator of the eligible land, the Secretary 
     shall make all rental payments under a contract entered into 
     under this section within 30 days of entering into such 
     contract.
       (C) Cost share payments.--A contract described in 
     subsection (b) shall provide that, during the term of the 
     contract, the Secretary shall pay, of the actual cost of 
     establishment of the conserving use cover crop under 
     paragraph (1)(B)(i), not more than $30 per acre.
       (3) Term.--
       (A) In general.--Except as provided in subparagraph (B), 
     each contract described in subsection (b) shall be for a term 
     of 3 years.
       (B) Early termination.--
       (i) Secretary.--The Secretary may terminate a contract 
     described in subsection (b) before the end of the term 
     described in subparagraph (A) if the Secretary determines 
     that the early termination of the contract is appropriate.
       (ii) Owners and operators.--An owner and (if applicable) an 
     operator of eligible land enrolled in the pilot program under 
     this section may terminate a contract described in subsection 
     (b) before the end of the term described in subparagraph (A) 
     if the owner and (if applicable) the operator pay to the 
     Secretary an amount equal to the amount of rental payments 
     received under the contract.
       (4) Harvesting, haying, and grazing outside applicable 
     period.--The harvesting for seed, haying, or grazing of 
     eligible land under paragraph (1)(B)(ii) outside of the 
     primary nesting season established for the applicable county 
     shall be subject to the conditions that--
       (A) with respect to eligible land that is so hayed or 
     grazed, adequate stubble height shall be maintained to 
     protect the soil on the eligible land, as determined by the 
     applicable State conservationist after considering the advice 
     of the applicable State technical committee; and
       (B) with respect to eligible land that is so harvested for 
     seed--
       (i) the eligible land shall not be eligible to be insured 
     or reinsured under the Federal Crop Insurance Act (7 U.S.C. 
     1501 et seq.); and
       (ii) the annual rental rate for a payment under a contract 
     described in subsection (b) shall be $52.50 per acre.
       (d) Acreage Limitation.--Not more than 5,000,000 total 
     acres of eligible land may be enrolled under the pilot 
     program under this section.
       (e) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, such sums as may be 
     necessary to carry out this section.

                          TITLE VI--NUTRITION

     SEC. 601. DEFINITION OF SUPPLEMENTAL NUTRITION ASSISTANCE 
                   PROGRAM.

       In this title, the term ``supplemental nutrition assistance 
     program'' has the meaning given such term in section 3(t) of 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)).

     SEC. 602. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

       (a) Value of Benefits.--Notwithstanding any other provision 
     of law, beginning on November 1, 2020, and for each 
     subsequent month through September 30, 2021, the value of 
     benefits determined under section 8(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2017(a)), and consolidated 
     block grants for Puerto Rico and American Samoa determined 
     under section 19(a) of such Act (7 U.S.C. 2028(a)), shall be 
     calculated using 115 percent of the June 2020 value of the 
     thrifty food plan (as defined in section 3 of such Act (7 
     U.S.C. 2012)) if the value of the benefits and block grants 
     would be greater under that calculation than in the absence 
     of this subsection.
       (b) Minimum Amount.--
       (1) In general.--The minimum value of benefits determined 
     under section 8(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2017(a)) for a household of not more than 2 members 
     shall be $30.
       (2) Effectiveness.--Paragraph (1) shall remain in effect 
     through September 30, 2021.
       (c) Requirements for the Secretary.--In carrying out this 
     section, the Secretary shall--
       (1) consider the benefit increases described in subsections 
     (a) and (b) to be a ``mass change'';
       (2) require a simple process for States to notify 
     households of the increase in benefits;
       (3) consider section 16(c)(3)(A) of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors 
     in the implementation of this section without regard to the 
     120-day limit described in that section;
       (4) disregard the additional amount of benefits that a 
     household receives as a result of this section in determining 
     the amount of overissuances under section 13 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2022); and
       (5) set the tolerance level for excluding small errors for 
     the purposes of section 16(c) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2021.
       (d) Administrative Expenses.--
       (1) In general.--For the costs of State administrative 
     expenses associated with carrying out this section and 
     administering the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.), the Secretary shall make available 
     $200,000,000 for fiscal year 2021 and $100,000,000 for fiscal 
     year 2022.
       (2) Timing for fiscal year 2021.--Not later than 60 days 
     after the date of the enactment of this Act, the Secretary 
     shall make available to States amounts for fiscal year 2021 
     under paragraph (1).
       (3) Allocation of funds.--Funds described in paragraph (1) 
     shall be made available as grants to State agencies for each 
     fiscal year as follows:
       (A) 75 percent of the amounts available for each fiscal 
     year shall be allocated to States based on the share of each 
     State of households that participate in the supplemental 
     nutrition assistance program as reported to the Department of 
     Agriculture for the most recent 12-month period for which 
     data are available, adjusted by the Secretary (as of the date 
     of the enactment of this Act) for participation in disaster 
     programs under section 5(h) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2014(h)); and
       (B) 25 percent of the amounts available for each fiscal 
     year shall be allocated to States based on the increase in 
     the number of households that participate in the supplemental 
     nutrition assistance program as reported to the Department of 
     Agriculture over the most recent 12-month period for which 
     data are available, adjusted by the Secretary (as of the date 
     of the enactment of this Act) for participation in disaster 
     programs under section 5(h) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2014(h)).
       (e) Provisions for Impacted Workers.--Notwithstanding any 
     other provision of law, the requirements of subsections 
     (d)(1)(A)(ii) and (o) of section 6 of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2015) shall not be in effect during the 
     period beginning on November 1, 2020, and ending 1 year after 
     the date of enactment of this Act.
       (f) Certain Exclusions From Snap Income.--A Federal 
     pandemic unemployment compensation payment made to an 
     individual under section 2104 of the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) shall not be 
     regarded as income and shall not be regarded as a resource 
     for the month of receipt and the following 9 months, for the 
     purpose of determining eligibility of such individual or any 
     other individual for benefits or assistance, or the amount of 
     benefits or assistance, under any programs authorized under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (g) Public Availability.--Not later than 10 days after the 
     date of the receipt or issuance of each document listed 
     below, the Secretary shall make publicly available on the 
     website of the Department of Agriculture the following 
     documents:
       (1) Any State agency request to participate in the 
     supplemental nutrition assistance program online program 
     under section 7(k) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2016(k)).
       (2) Any State agency request to waive, adjust, or modify 
     statutory or regulatory requirements of the Food and 
     Nutrition Act of 2008 related to the COVID-19 outbreak.
       (3) The Secretary's approval or denial of each such request 
     under paragraphs (1) or (2).
       (h) Provisions for Impacted Students.--
       (1) In general.--Notwithstanding any other provision of 
     law, not later than 20 days after the date of the enactment 
     of this Act, eligibility for supplemental nutrition 
     assistance program benefits shall not be limited under 
     section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2015(e)) for an individual who--
       (A) is enrolled at least half-time in an institution of 
     higher education; and
       (B) is eligible to participate in a State or federally 
     financed work study program during the regular school year as 
     determined by the institution of higher education.
       (2) Sunset.--
       (A) Initial applications.--The eligibility standards 
     authorized under paragraph (1) shall be in effect for initial 
     applications for the supplemental nutrition assistance 
     program until 90 days after the COVID-19 public health 
     emergency is lifted.
       (B) Recertifications.--The eligibility standards authorized 
     under paragraph (1) shall be in effect until the first 
     recertification of a household beginning no earlier than 90 
     days after the COVID-19 public health emergency is lifted.
       (3) Guidance.--
       (A) In general.--Not later than 10 days after the date of 
     enactment of this Act, the Secretary shall issue guidance to 
     State agencies on the temporary student eligibility 
     requirements established under this subsection.
       (B) Coordination with the department of education.--The 
     Secretary of Education, in consultation with the Secretary of 
     Agriculture and institutions of higher education, shall carry 
     out activities to inform applicants for Federal student 
     financial aid under the Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.) and students at institutions of higher 
     education of the temporary student eligibility requirements 
     established under this subsection.

[[Page H5357]]

       (i) Funding.--There are hereby appropriated to the 
     Secretary, out of any money not otherwise appropriated, such 
     sums as may be necessary to carry out this section.

     SEC. 603. SNAP HOT FOOD PURCHASES.

       During the period beginning 10 days after the date of the 
     enactment of this Act and ending on the termination date of 
     the COVID-19 public health emergency, the term ``food'', as 
     defined in section 3 of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2012), shall be deemed to exclude ``hot foods or hot 
     food products ready for immediate consumption other than 
     those authorized pursuant to clauses (3), (4), (5), (7), (8), 
     and (9) of this subsection,'' for purposes of such Act, 
     except that such exclusion shall be limited to retail food 
     stores authorized to accept and redeem supplemental nutrition 
     assistance program benefits as of the date of enactment of 
     this Act.

     SEC. 604. SNAP NUTRITION EDUCATION FLEXIBILITY.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary may issue nationwide guidance to allow 
     funds allocated under section 28 of the Food and Nutrition 
     Act (7 U.S.C. 2036a) to be used for individuals distributing 
     food in a non-congregate setting under commodity distribution 
     programs and child nutrition programs administered by the 
     Food and Nutrition Service of the Department of Agriculture 
     in States affected by the COVID-19 outbreak, provided that 
     any individuals who distribute school meals under--
       (1) the school lunch program established under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.); and
       (2) the school breakfast program established under section 
     4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
     using funds allocated under section 28 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2036a) supplement, not 
     supplant, individuals who are employed by local educational 
     authorities as of the date of enactment of this Act.
       (b) Sunset.--The authority provided in this section shall 
     expire 30 days after the COVID-19 public health emergency is 
     terminated.

     SEC. 605. FLEXIBILITIES FOR SENIOR FARMERS' MARKET NUTRITION 
                   PROGRAM.

       (a) Authority to Modify or Waive Rules.--Notwithstanding 
     any other provision of law and if requested by a State 
     agency, the Secretary may modify or waive any rule issued 
     under section 4402 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 3007) that applies to such State agency 
     if the Secretary determines that--
       (1) such State agency is unable to comply with such rule as 
     a result of COVID-19; and
       (2) the requested modification or waiver is necessary to 
     enable such State agency to provide assistance to low-income 
     seniors under such section.
       (b) Public Availability.--Not later than 10 days after the 
     date of the receipt or issuance of each document listed in 
     paragraphs (1) and (2) of this subsection, the Secretary 
     shall make publicly available on the website of the 
     Department of Agriculture the following documents:
       (1) Any request submitted by State agencies under 
     subsection (a).
       (2) The Secretary's approval or denial of each such 
     request.
       (c) Definition of State Agency.--The term ``State agency'' 
     has the meaning given such term in section 249.2 of title 7 
     of the Code of Federal Regulations.
       (d) Effective Period.--Subsection (a) shall be in effect 
     during the period that begins on the date of the enactment of 
     this Act and ends 30 days after the termination of the COVID-
     19 public health emergency.

     SEC. 606. FLEXIBILITIES FOR THE FOOD DISTRIBUTION PROGRAM ON 
                   INDIAN RESERVATIONS.

       (a) Waiver of Non-Federal Share Requirement.--Funds 
     provided in division B of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136) for the food 
     distribution program on Indian reservations authorized by 
     section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2013(b)) shall not be subject to the payment of the non-
     Federal share requirement described in section 4(b)(4)(A) of 
     such Act (7 U.S.C. 2013(b)(4)(A)).
       (b) Flexibilities for Certain Households.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Agriculture may issue guidance to waive 
     or adjust section 4(b)(2)(C) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2013(b)(2)(C) for any Tribal organization (as 
     defined in section 3(v) of such Act (7 U.S.C. 2012(v)), or 
     for an appropriate State agency administering the program 
     established under section 4(b) of such Act (7 U.S.C. 
     2013(b)), to ensure that households on the Indian reservation 
     who are participating in the supplemental nutrition 
     assistance program and who are unable to access approved 
     retail food stores due to the outbreak of COVID-19 have 
     access to commodities distributed under section 4(b) of such 
     Act.
       (2) Public availability.--The Secretary shall make 
     available the guidance document issued under paragraph (1) on 
     the public website of the Department of Agriculture not later 
     than 10 days after the date of the issuance of such guidance.
       (3) Sunset.--The authority under this subsection shall 
     expire 30 days after the termination of the COVID-19 public 
     health emergency.

                      TITLE VII--RURAL DEVELOPMENT

     SEC. 701. ASSISTANCE FOR RURAL UTILITIES SERVICE BORROWERS.

       (a) Definitions.--In this section:
       (1) Eligible loan.--The term ``eligible loan'' means a loan 
     made by the Secretary under section 4 or 201 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 904 or 922), or made by 
     the Federal Financing Bank and guaranteed by the Secretary 
     under section 306 of such Act (7 U.S.C. 936).
       (2) Eligible entity.--The term ``eligible entity'' means a 
     borrower to whom an eligible loan is made.
       (3) Ratepayer.--The term ``ratepayer'' means an individual 
     who receives utility services from an entity to whom the 
     Rural Utilities Service has made a loan.
       (b) In General.--
       (1) Establishment.--The Secretary shall make grants on a 
     competitive basis to eligible entities to mitigate the 
     effects of the COVID-19 pandemic and support their continued 
     or expanded delivery of critical services (as defined by the 
     Secretary), including covering the cost of forgiving or 
     refinancing ratepayer debt outstanding as of such date of 
     enactment.
       (2) Timeline.--
       (A) Notice of funding availability.--Within 60 days after 
     the date of the enactment of this Act, the Secretary shall 
     publish a Notice of Funding Availability to solicit 
     applications for a grant under this section.
       (B) Grant awards.--The Secretary shall announce the grants 
     awarded under this section no later than 60 days after the 
     publication of the Notice of Funding Availability pursuant to 
     subparagraph (A).
       (3) Maximum grant amount.--The amount of the grant awarded 
     to an eligible entity under this section shall not exceed 
     $1,000,000.
       (c) Application.--To be eligible to receive a grant under 
     this section, an eligible entity shall submit to the 
     Secretary an application containing such information as the 
     Secretary may require.
       (d) Selection Criteria.--In awarding grants under this 
     section, the Secretary shall consider--
       (1) the degree to which applicants who are eligible 
     entities are experiencing economic hardship due to reduced or 
     delayed payments from ratepayers;
       (2) whether applicants who are eligible entities are using 
     eligible loans to provide services primarily to socially 
     disadvantaged groups, as defined in section 355(e) of the 
     Consolidated Farm and Rural Development Act; and
       (3) the degree to which applicants who are eligible 
     entities are using eligible loans in providing services in 
     persistent poverty counties, as defined by the Secretary.
       (e) Report to the Congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report detailing, for each 
     eligible entity awarded a grant under this section, the name 
     of the eligible entity and the geographic areas benefitting 
     from the grant.
       (f) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated not more than 
     $2,600,000,000 for fiscal year 2021, to remain available 
     through fiscal year 2022.

                     DIVISION O--COVID-19 HERO ACT

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``COVID-19 Housing, 
     Economic Relief, and Oversight Act'' or the ``COVID-19 HERO 
     Act''.

TITLE I--PROVIDING MEDICAL EQUIPMENT FOR FIRST RESPONDERS AND ESSENTIAL 
                                WORKERS

     SEC. 101. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT.

       (a) Determination on Emergency Supplies and Relationship to 
     State and Local Efforts.--
       (1) Determination.--For the purposes of section 101 of the 
     Defense Production Act of 1950 (50 U.S.C. 4511), the 
     following materials shall be deemed to be scarce and critical 
     materials essential to the national defense and otherwise 
     meet the requirements of section 101(b) of such Act during 
     the COVID-19 emergency period:
       (A) Diagnostic tests, including serological tests, for 
     COVID-19 and the reagents and other materials necessary for 
     producing or conducting such tests.
       (B) Personal protective equipment, including face shields, 
     N-95 respirator masks, and any other masks determined by the 
     Secretary of Health and Human Services to be needed to 
     respond to the COVID-19 pandemic, and the materials to 
     produce such equipment.
       (C) Medical ventilators, the components necessary to make 
     such ventilators, and medicines needed to use a ventilator as 
     a treatment for any individual who is hospitalized for COVID-
     19.
       (D) Pharmaceuticals and any medicines determined by the 
     Food and Drug Administration or another Government agency to 
     be effective in treating COVID-19 (including vaccines for 
     COVID-19) and any materials necessary to produce or use such 
     pharmaceuticals or medicines (including self-injection 
     syringes or other delivery systems).
       (E) Any other medical equipment or supplies determined by 
     the Secretary of Health and Human Services or the Secretary 
     of Homeland Security to be scarce and critical materials 
     essential to the national defense for purposes of section 101 
     of the Defense Production Act of 1950 (50 U.S.C. 4511).
       (2) Exercise of title i authorities in relation to 
     contracts by state and local governments.--In exercising 
     authorities under title I of the Defense Production Act of 
     1950 (50 U.S.C. 4511 et seq.) during the COVID-19 emergency 
     period, the President (and any officer or employee of the 
     United States to which authorities under such title I have 
     been delegated)--
       (A) may exercise the prioritization or allocation authority 
     provided in such title I to exclude any materials described 
     in paragraph (1) ordered by a State or local government that 
     are

[[Page H5358]]

     scheduled to be delivered within 15 days of the time at 
     which--
       (i) the purchase order or contract by the Federal 
     Government for such materials is made; or
       (ii) the materials are otherwise allocated by the Federal 
     Government under the authorities contained in such Act; and
       (B) shall, within 24 hours of any exercise of the 
     prioritization or allocation authority provided in such title 
     I--
       (i) notify any State or local government if the exercise of 
     such authorities would delay the receipt of such materials 
     ordered by such government; and
       (ii) take such steps as may be necessary to ensure that 
     such materials ordered by such government are delivered in 
     the shortest possible period.
       (3) Update to the federal acquisition regulation.--Not 
     later than 15 days after the date of the enactment of this 
     Act, the Federal Acquisition Regulation shall be revised to 
     reflect the requirements of paragraph (2)(A).
       (b) Engagement With the Private Sector.--
       (1) Sense of congress.--The Congress--
       (A) appreciates the willingness of private companies not 
     traditionally involved in producing items for the health 
     sector to volunteer to use their expertise and supply chains 
     to produce essential medical supplies and equipment;
       (B) encourages other manufacturers to review their existing 
     capacity and to develop capacity to produce essential medical 
     supplies, medical equipment, and medical treatments to 
     address the COVID-19 emergency; and
       (C) commends and expresses deep appreciation to individual 
     citizens who have been producing personal protective 
     equipment and other materials for, in particular, use at 
     hospitals in their community.
       (2) Outreach representative.--
       (A) Designation.--Consistent with the authorities in title 
     VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et 
     seq.), the Administrator of the Federal Emergency Management 
     Agency, in consultation with the Secretary of Health and 
     Human Services, shall designate or shall appoint, pursuant to 
     section 703 of such Act (50 U.S.C. 4553), an individual to be 
     known as the ``Outreach Representative''. Such individual 
     shall--
       (i) be appointed from among individuals with substantial 
     experience in the private sector in the production of medical 
     supplies or equipment; and
       (ii) act as the Government-wide single point of contact 
     during the COVID-19 emergency for outreach to manufacturing 
     companies and their suppliers who may be interested in 
     producing medical supplies or equipment, including the 
     materials described under subsection (a).
       (B) Encouraging partnerships.--The Outreach Representative 
     shall seek to develop partnerships between companies, in 
     coordination with the Supply Chain Stabilization Task Force 
     or any overall coordinator appointed by the President to 
     oversee the response to the COVID-19 emergency, including 
     through the exercise of the authorities under section 708 of 
     the Defense Production Act of 1950 (50 U.S.C. 4558).
       (c) Enhancement of Supply Chain Production.--In exercising 
     authority under title III of the Defense Production Act of 
     1950 (50 U.S.C. 4531 et seq.) with respect to materials 
     described in subsection (a), the President shall seek to 
     ensure that support is provided to companies that comprise 
     the supply chains for reagents, components, raw materials, 
     and other materials and items necessary to produce or use the 
     materials described in subsection (a).
       (d) Oversight of Current Activity and Needs.--
       (1) Response to immediate needs.--
       (A) In general.--Not later than 7 days after the date of 
     the enactment of this Act, the President, in coordination 
     with the National Response Coordination Center of the Federal 
     Emergency Management Agency, the Administrator of the Defense 
     Logistics Agency, the Secretary of Health and Human Services, 
     the Secretary of Veterans Affairs, and heads of other Federal 
     agencies (as appropriate), shall submit to the appropriate 
     congressional committees a report assessing the immediate 
     needs described in subparagraph (B) to combat the COVID-19 
     pandemic and the plan for meeting those immediate needs.
       (B) Assessment.--The report required by this paragraph 
     shall include--
       (i) an assessment of the needs for medical supplies or 
     equipment necessary to address the needs of the population of 
     the United States infected by the virus SARS-CoV-2 that 
     causes COVID-19 and to prevent an increase in the incidence 
     of COVID-19 throughout the United States, including 
     diagnostic tests, serological tests, medicines that have been 
     approved by the Food and Drug Administration to treat COVID-
     19, and ventilators and medicines needed to employ 
     ventilators;
       (ii) based on meaningful consultations with relevant 
     stakeholders, an identification of the target rate of 
     diagnostic testing for each State and an assessment of the 
     need for personal protective equipment and other supplies 
     (including diagnostic tests) required by--

       (I) health professionals, health workers, and hospital 
     staff including supplies needed for worst case scenarios for 
     surges of COVID-19 infections and hospitalizations;
       (II) workers in industries and sectors described in the 
     ``Advisory Memorandum on Identification of Essential Critical 
     Infrastructure Workers during the COVID-19 Response'' issued 
     by the Director of Cybersecurity and Infrastructure Security 
     Agency of the Department of Homeland Security on April 17, 
     2020 (and any expansion of industries and sectors included in 
     updates to such advisory memorandum);
       (III) students, teachers, and administrators at primary and 
     secondary schools; and
       (IV) other workers determined to be essential based on such 
     consultation;

       (iii) an assessment of the quantities of equipment and 
     supplies in the Strategic National Stockpile (established 
     under section 319F-2 of the Public Health Service Act ((42 
     U.S.C. 247d-6b(a)(1))) as of the date of the report, and the 
     projected gap between the quantities of equipment and 
     supplies identified as needed in the assessment under clauses 
     (i) and (ii) and the quantities in the Strategic National 
     Stockpile;
       (iv) an identification of the industry sectors and 
     manufacturers most ready to fulfill purchase orders for such 
     equipment and supplies (including manufacturers that may be 
     incentivized) through the exercise of authority under section 
     303(e) of the Defense Production Act of 1950 (50 U.S.C. 
     4533(e)) to modify, expand, or improve production processes 
     to manufacture such equipment and supplies to respond 
     immediately to a need identified in clause (i) or (ii);
       (v) an identification of Government-owned and privately-
     owned stockpiles of such equipment and supplies not included 
     in the Strategic National Stockpile that could be repaired or 
     refurbished;
       (vi) an identification of previously distributed critical 
     supplies that can be redistributed based on current need;
       (vii) a description of any exercise of the authorities 
     described under paragraph (1)(E) or (2)(A) of subsection (a); 
     and
       (viii) an identification of critical areas of need, by 
     county and by areas identified by the Indian Health Service, 
     in the United States and the metrics and criteria for 
     identification as a critical area.
       (C) Plan.--The report required by this paragraph shall 
     include a plan for meeting the immediate needs to combat the 
     COVID-19 pandemic, including the needs described in 
     subparagraph (B). Such plan shall include--
       (i) each contract the Federal Government has entered into 
     to meet such needs, including the purpose of each contract, 
     the type and amount of equipment, supplies, or services to be 
     provided under the contract, the entity performing such 
     contract, and the dollar amount of each contract;
       (ii) each contract that the Federal Government intends to 
     enter into within 14 days after submission of such report, 
     including the information described in subparagraph (B) for 
     each such contract; and
       (iii) whether any of the contracts described in clause (i) 
     or (ii) have or will have a priority rating under the Defense 
     Production Act of 1950 (50 U.S.C. 4501 et seq.), including 
     purchase orders pursuant to Department of Defense Directive 
     4400.1 (or any successor directive), subpart A of part 101 of 
     title 45, Code of Federal Regulations, or any other 
     applicable authority.
       (D) Additional requirements.--The report required by this 
     paragraph, and each update required by subparagraph (E), 
     shall include--
       (i) any requests for equipment and supplies from State or 
     local governments and Indian Tribes, and an accompanying list 
     of the employers and unions consulted in developing these 
     requests;
       (ii) any modeling or formulas used to determine allocation 
     of equipment and supplies, and any related chain of command 
     issues on making final decisions on allocations;
       (iii) the amount and destination of equipment and supplies 
     delivered;
       (iv) an explanation of why any portion of any contract 
     described under subparagraph (C), whether to replenish the 
     Strategic National Stockpile or otherwise, will not be 
     filled;
       (v) of products procured under such contract, the 
     percentage of such products that are used to replenish the 
     Strategic National Stockpile, that are targeted to COVID-19 
     hotspots, and that are used for the commercial market;
       (vi) a description of the range of prices for goods 
     described in subsection (a), or other medical supplies and 
     equipment that are subject to shortages, purchased by the 
     United States Government, transported by the Government, or 
     otherwise known to the Government, which shall also identify 
     all such prices that exceed the prevailing market prices of 
     such goods prior to March 1, 2020, and any actions taken by 
     the Government under section 102 of the Defense Production 
     Act of 1950 or similar provisions of law to prevent hoarding 
     of such materials and charging of such increased prices 
     between March 1, 2020, and the date of the submission of the 
     first report required by this paragraph, and, for all 
     subsequent reports, within each reporting period;
       (vii) metrics, formulas, and criteria used to determine 
     COVID-19 hotspots or areas of critical need for a State, 
     county, or an area identified by the Indian Health Service;
       (viii) production and procurement benchmarks, where 
     practicable; and
       (ix) results of the consultation with the relevant 
     stakeholders required by subparagraph (B)(ii).
       (E) Updates.--The President, in coordination with the 
     National Response Coordination Center of the Federal 
     Emergency Management Agency, the Administrator of the Defense 
     Logistics Agency, the Secretary of Health and Human Services, 
     the Secretary of Veterans Affairs, and heads of other Federal 
     agencies (as appropriate), shall update such report every 14 
     days.
       (F) Public availability.--The President shall make the 
     report required by this paragraph and each update required by 
     subparagraph (E) available to the public, including on a 
     Government website.
       (2) Response to longer-term needs.--
       (A) In general.--Not later than 14 days after the date of 
     enactment of this Act, the President, in coordination with 
     the National Response Coordination Center of the Federal 
     Emergency Management Agency, the Administrator of the Defense 
     Logistics Agency, the Secretary of Health and Human Services, 
     the Secretary of

[[Page H5359]]

     Veterans Affairs, and heads of other Federal agencies (as 
     appropriate), shall submit to the appropriate congressional 
     committees a report containing an assessment of the needs 
     described in subparagraph (B) to combat the COVID-19 pandemic 
     and the plan for meeting such needs during the 6-month period 
     beginning on the date of submission of the report.
       (B) Assessment.--The report required by this paragraph 
     shall include--
       (i) an assessment of the elements describe in clauses (i) 
     through (v) and clause (viii) of paragraph (1)(B);
       (ii) an assessment of needs related to COVID-19 vaccines;
       (iii) an assessment of the manner in which the Defense 
     Production Act of 1950 could be exercised to increase 
     services related to health surveillance to ensure that the 
     appropriate level of contact tracing related to detected 
     infections is available throughout the United States to 
     prevent future outbreaks of COVID-19 infections; and
       (iv) an assessment of any additional services needed to 
     address the COVID-19 pandemic.
       (C) Plan.--The report required by this paragraph shall 
     include a plan for meeting the longer-term needs to combat 
     the COVID-19 pandemic, including the needs described in 
     subparagraph (B). This plan shall include--
       (i) a plan to exercise authorities under the Defense 
     Production Act of 1950 (50 U.S.C. 4501 et seq.) necessary to 
     increase the production of the medical equipment, supplies, 
     and services that are essential to meeting the needs 
     identified in subparagraph (B), including the number of N-95 
     respirator masks and other personal protective equipment 
     needed, based on meaningful consultations with relevant 
     stakeholders, by the private sector to resume economic 
     activity and by the public and nonprofit sectors to 
     significantly increase their activities;
       (ii) results of the consultations with the relevant 
     stakeholders required by clause (i);
       (iii) an estimate of the funding and other measures 
     necessary to rapidly expand manufacturing production capacity 
     for such equipment and supplies, including--

       (I) any efforts to expand, retool, or reconfigure 
     production lines;
       (II) any efforts to establish new production lines through 
     the purchase and installation of new equipment; or
       (III) the issuance of additional contracts, purchase 
     orders, purchase guarantees, or other similar measures;

       (iv) each contract the Federal Government has entered into 
     to meet such needs or expand such production, the purpose of 
     each contract, the type and amount of equipment, supplies, or 
     services to be provided under the contract, the entity 
     performing such contract, and the dollar amount of each 
     contract;
       (v) each contract that the Federal Government intends to 
     enter into within 14 days after submission of such report, 
     including the information described in clause (iv) for each 
     such contract;
       (vi) whether any of the contracts described in clause (iv) 
     or (v) have or will have a priority rating under the Defense 
     Production Act of 1950 (50 U.S.C. 4501 et seq.), including 
     purchase orders pursuant to Department of Defense Directive 
     4400.1 (or any successor directive), subpart A of part 101 of 
     title 45, Code of Federal Regulations, or any other 
     applicable authority; and
       (vii) the manner in which the Defense Production Act of 
     1950 (50 U.S.C. 4501 et seq.) could be used to increase 
     services necessary to combat the COVID-19 pandemic, including 
     services described in subparagraph (B)(ii).
       (D) Updates.--The President, in coordination with the 
     National Response Coordination Center of the Federal 
     Emergency Management Agency, the Administrator of the Defense 
     Logistics Agency, the Secretary of Health and Human Services, 
     the Secretary of Veterans Affairs, and heads of other Federal 
     agencies (as appropriate), shall update such report every 14 
     days.
       (E) Public availability.--The President shall make the 
     report required by this subsection and each update required 
     by subparagraph (D) available to the public, including on a 
     Government website.
       (3) Report on exercising authorities under the defense 
     production act of 1950.--
       (A) In general.--Not later than 14 days after the date of 
     the enactment of this Act, the President, in consultation 
     with the Administrator of the Federal Emergency Management 
     Agency, the Secretary of Defense, and the Secretary of Health 
     and Human Services, shall submit to the appropriate 
     congressional committees a report on the exercise of 
     authorities under titles I, III, and VII of the Defense 
     Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the 
     date of such report.
       (B) Contents.--The report required under subparagraph (A) 
     and each update required under subparagraph (C) shall 
     include, with respect to each exercise of such authority--
       (i) an explanation of the purpose of the applicable 
     contract, purchase order, or other exercise of authority 
     (including an allocation of materials, services, and 
     facilities under section 101(a)(2) of the Defense Production 
     Act of 1950 (50 U.S.C. 4511(a)(2));
       (ii) the cost of such exercise of authority; and
       (iii) if applicable--

       (I) the amount of goods that were purchased or allocated;
       (II) an identification of the entity awarded a contract or 
     purchase order or that was the subject of the exercise of 
     authority; and
       (III) an identification of any entity that had shipments 
     delayed by the exercise of any authority under the Defense 
     Production Act of 1950 (50 U.S.C. 4501 et seq.).

       (C) Updates.--The President shall update the report 
     required under subparagraph (A) every 14 days.
       (D) Public availability.--The President shall make the 
     report required by this subsection and each update required 
     by subparagraph (C) available to the public, including on a 
     Government website.
       (4) Quarterly reporting.--The President shall submit to 
     Congress, and make available to the public (including on a 
     Government website), a quarterly report detailing all 
     expenditures made pursuant to titles I, III, and VII of the 
     Defense Production Act of 1950 50 U.S.C. 4501 et seq.).
       (5) Exercise of loan authorities.--
       (A) In general.--Any loan made pursuant to section 302 or 
     303 of the Defense Production Act of 1950, carried out by the 
     International Development Finance Corporation pursuant to the 
     authorities delegated by Executive Order 13922, shall be 
     subject to the notification requirements contained in section 
     1446 of the BUILD Act of 2018 (22 U.S.C. 9656).
       (B) Appropriate congressional committees.--For purposes of 
     the notifications required by subparagraph (A), the term 
     ``appropriate congressional committees'', as used section 
     1446 of the BUILD Act of 2018, shall be deemed to include the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing and 
     Urban Development of the Senate.
       (6) Sunset.--The requirements of this subsection shall 
     terminate on the later of--
       (A) December 31, 2021; or
       (B) the end of the COVID-19 emergency period.
       (e) Enhancements to the Defense Production Act of 1950.--
       (1) Health emergency authority.--Section 107 of the Defense 
     Production Act of 1950 (50 U.S.C. 4517) is amended by adding 
     at the end the following:
       ``(c) Health Emergency Authority.--With respect to a public 
     health emergency declaration by the Secretary of Health and 
     Human Services under section 319 of the Public Health Service 
     Act, or preparations for such a health emergency, the 
     Secretary of Health and Human Services and the Administrator 
     of the Federal Emergency Management Agency are authorized to 
     carry out the authorities provided under this section to the 
     same extent as the President.''.
       (2) Emphasis on business concerns owned by women, 
     minorities, veterans, and native americans.--Section 108 of 
     the Defense Production Act of 1950 (50 U.S.C. 4518) is 
     amended--
       (A) in the heading, by striking ``MODERNIZATION OF SMALL 
     BUSINESS SUPPLIERS'' and inserting ``SMALL BUSINESS 
     PARTICIPATION AND FAIR INCLUSION'';
       (B) by amending subsection (a) to read as follows:
       ``(a) Participation and Inclusion.--
       ``(1) In general.--In providing any assistance under this 
     Act, the President shall accord a strong preference for 
     subcontractors and suppliers that are--
       ``(A) small business concerns; or
       ``(B) businesses of any size owned by women, minorities, 
     veterans, and the disabled.
       ``(2) Special consideration.--To the maximum extent 
     practicable, the President shall accord the preference 
     described under paragraph (1) to small business concerns and 
     businesses described in paragraph (1)(B) that are located in 
     areas of high unemployment or areas that have demonstrated a 
     continuing pattern of economic decline, as identified by the 
     Secretary of Labor.''; and
       (C) by adding at the end the following:
       ``(c) Minority Defined.--In this section, the term 
     `minority'--
       ``(1) has the meaning given the term in section 308(b) of 
     the Financial Institutions Reform, Recovery, and Enforcement 
     Act of 1989; and
       ``(2) includes any indigenous person in the United States, 
     including any territories of the United States.''.
       (3) Additional information in annual report.--Section 
     304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. 
     4534(f)(3)) is amended by striking ``year.'' and inserting 
     ``year, including the percentage of contracts awarded using 
     Fund amounts to each of the groups described in section 
     108(a)(1)(B) (and, with respect to minorities, disaggregated 
     by ethnic group), and the percentage of the total amount 
     expended during such fiscal year on such contracts.''.
       (4) Definition of national defense.--Section 702(14) of the 
     Defense Production Act of 1950 is amended by striking ``and 
     critical infrastructure protection and restoration'' and 
     inserting ``, critical infrastructure protection and 
     restoration, and health emergency preparedness and response 
     activities''.
       (f) Securing Essential Medical Materials.--
       (1) Statement of policy.--Section 2(b) of the Defense 
     Production Act of 1950 (50 U.S.C. 4502) is amended--
       (A) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) authorities under this Act should be used when 
     appropriate to ensure the availability of medical materials 
     essential to national defense, including through measures 
     designed to secure the drug supply chain, and taking into 
     consideration the importance of United States 
     competitiveness, scientific leadership and cooperation, and 
     innovative capacity;''.
       (2) Strengthening domestic capability.--Section 107 of the 
     Defense Production Act of 1950 (50 U.S.C. 4517) is amended--
       (A) in subsection (a), by inserting ``(including medical 
     materials)'' after ``materials''; and
       (B) in subsection (b)(1), by inserting ``(including medical 
     materials such as drugs to diagnose, cure, mitigate, treat, 
     or prevent disease that essential to national defense)'' 
     after ``essential materials''.
       (3) Strategy on securing supply chains for medical 
     articles.--Title I of the Defense Production Act of 1950 (50 
     U.S.C. 4511 et seq.) is amended by adding at the end the 
     following:

[[Page H5360]]

  


     ``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL 
                   MATERIALS.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, the President, in 
     consultation with the Secretary of Health and Human Services, 
     the Secretary of Commerce, the Secretary of Homeland 
     Security, and the Secretary of Defense, shall transmit a 
     strategy to the appropriate Members of Congress that includes 
     the following:
       ``(1) A detailed plan to use the authorities under this 
     title and title III, or any other provision of law, to ensure 
     the supply of medical materials (including drugs to diagnose, 
     cure, mitigate, treat, or prevent disease) essential to 
     national defense, to the extent necessary for the purposes of 
     this Act.
       ``(2) An analysis of vulnerabilities to existing supply 
     chains for such medical articles, and recommendations to 
     address the vulnerabilities.
       ``(3) Measures to be undertaken by the President to 
     diversify such supply chains, as appropriate and as required 
     for national defense; and
       ``(4) A discussion of--
       ``(A) any significant effects resulting from the plan and 
     measures described in this subsection on the production, 
     cost, or distribution of vaccines or any other drugs (as 
     defined under section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321));
       ``(B) a timeline to ensure that essential components of the 
     supply chain for medical materials are not under the 
     exclusive control of a foreign government in a manner that 
     the President determines could threaten the national defense 
     of the United States; and
       ``(C) efforts to mitigate any risks resulting from the plan 
     and measures described in this subsection to United States 
     competitiveness, scientific leadership, and innovative 
     capacity, including efforts to cooperate and proactively 
     engage with United States allies.
       ``(b) Progress Report.--Following submission of the 
     strategy under subsection (a), the President shall submit to 
     the appropriate Members of Congress an annual progress report 
     evaluating the implementation of the strategy, and may 
     include updates to the strategy as appropriate. The strategy 
     and progress reports shall be submitted in unclassified form 
     but may contain a classified annex.
       ``(c) Appropriate Members of Congress.--The term 
     `appropriate Members of Congress' means the Speaker, majority 
     leader, and minority leader of the House of Representatives, 
     the majority leader and minority leader of the Senate, the 
     Chairman and Ranking Member of the Committees on Armed 
     Services and Financial Services of the House of 
     Representatives, and the Chairman and Ranking Member of the 
     Committees on Armed Services and Banking, Housing, and Urban 
     Affairs of the Senate.''.
       (g) GAO Report.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall submit to the 
     appropriate congressional committees a report on ensuring 
     that the United States Government has access to the medical 
     supplies and equipment necessary to respond to future 
     pandemics and public health emergencies, including 
     recommendations with respect to how to ensure that the United 
     States supply chain for diagnostic tests (including 
     serological tests), personal protective equipment, vaccines, 
     and therapies is better equipped to respond to emergencies, 
     including through the use of funds in the Defense Production 
     Act Fund under section 304 of the Defense Production Act of 
     1950 (50 U.S.C. 4534) to address shortages in that supply 
     chain.
       (2) Review of assessment and plan.--
       (A) In general.--Not later than 30 days after each of the 
     submission of the reports described in paragraphs (1) and (2) 
     of subsection (d), the Comptroller General of the United 
     States shall submit to the appropriate congressional 
     committees an assessment of such reports, including 
     identifying any gaps and providing any recommendations 
     regarding the subject matter in such reports.
       (B) Monthly review.--Not later than a month after the 
     submission of the assessment under subparagraph (A), and 
     monthly thereafter, the Comptroller General shall issue a 
     report to the appropriate congressional committees with 
     respect to any updates to the reports described in paragraph 
     (1) and (2) of subsection (d) that were issued during the 
     previous 1-month period, containing an assessment of such 
     updates, including identifying any gaps and providing any 
     recommendations regarding the subject matter in such updates.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations, Armed Services, Energy and Commerce, 
     Financial Services, Homeland Security, and Veterans' Affairs 
     of the House of Representatives and the Committees on 
     Appropriations, Armed Services, Banking, Housing, and Urban 
     Affairs, Health, Education, Labor, and Pensions, Homeland 
     Security and Governmental Affairs, and Veterans' Affairs of 
     the Senate.
       (2) COVID-19 emergency period.--The term ``COVID-19 
     emergency period'' means the period beginning on the date of 
     enactment of this Act and ending after the end of the 
     incident period for the emergency declared on March 13, 2020, 
     by the President under Section 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 
     et seq.) relating to the Coronavirus Disease 2019 (COVID-19) 
     pandemic.
       (3) Relevant stakeholder.--The term ``relevant 
     stakeholder'' means--
       (A) representative private sector entities;
       (B) representatives of the nonprofit sector;
       (C) representatives of primary and secondary school 
     systems; and
       (D) representatives of labor organizations representing 
     workers, including unions that represent health workers, 
     manufacturers, teachers, other public sector employees, and 
     service sector workers.
       (4) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and any territory or possession of the United States.

    TITLE II--PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS AND 
                              FORECLOSURES

     SEC. 201. EMERGENCY RENTAL ASSISTANCE AND RENTAL MARKET 
                   STABILIZATION.

       (a) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the such term in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103).
       (2) Public housing agency.--The term ``public housing 
     agency'' has the meaning given such term in section 3(b) of 
     the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
       (3) Secretary .--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (4) Tribally designated housing entity.--The term 
     ``tribally designated housing entity'' has the meaning given 
     such term in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103).
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $50,000,000,000 for an 
     additional amount for grants under the Emergency Solutions 
     Grants program under subtitle B of title IV of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), to 
     remain available until expended (subject to subsection (e) of 
     this section), to be used for providing short- or medium-term 
     assistance with rent and rent-related costs (including 
     tenant-paid utility costs, utility- and rent-arrears, fees 
     charged for those arrears, and security and utility deposits) 
     in accordance with paragraphs (4) and (5) of section 415(a) 
     of such Act (42 U.S.C. 11374(a)) and this section.
       (c) Definition of at Risk of Homelessness.--Notwithstanding 
     section 401(1) of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11360(1)), for purposes of assistance made 
     available with amounts made available pursuant to subsection 
     (b), the term ``at risk of homelessness'' means, with respect 
     to an individual or family, that the individual or family--
       (1) except as provided in subsection (d)(1)(C), has an 
     income below 80 percent of the median income for the area as 
     determined by the Secretary; and
       (2) has an inability to attain or maintain housing 
     stability or has insufficient resources to pay for rent or 
     utilities.
       (d) Income Targeting and Calculation.--For purposes of 
     assistance made available with amounts made available 
     pursuant to subsection (b)--
       (1) each recipient of such amounts shall use--
       (A) not less than 40 percent of the amounts received only 
     for providing assistance to individuals or families 
     experiencing homelessness, or for persons or families at risk 
     of homelessness who have incomes not exceeding 30 percent of 
     the median income for the area as determined by the 
     Secretary;
       (B) not less than 70 percent of the amounts received only 
     for providing assistance to individuals or families 
     experiencing homelessness, or for persons or families at risk 
     of homelessness who have incomes not exceeding 50 percent of 
     the median income for the area as determined by the 
     Secretary; and
       (C) the remainder of the amounts received only for 
     providing assistance to individuals or families experiencing 
     homelessness, or for persons or families at risk of 
     homelessness who have incomes not exceeding 80 percent of the 
     median income for the area as determined by the Secretary, 
     except that the recipient may establish a higher percentage 
     limit for purposes of subsection (c)(1), which shall not in 
     any case exceed 120 percent of the area median income, 
     provided that the recipient--
       (i) proposes to permit such assistance to individuals and 
     households in its plan to carry out activities under this 
     section; and
       (ii) solicits public comment on the proposal; and
       (2) in determining the income of a household for 
     homelessness prevention assistance--
       (A) the calculation of income performed at the time of 
     application for the assistance, including arrearages, shall 
     consider only income that the household is receiving at the 
     time of the application, and any income recently terminated 
     shall not be included;
       (B) any subsequent calculation of income performed with 
     respect to households receiving ongoing assistance shall 
     consider only the income that the household is receiving at 
     the time of the review; and
       (C) the calculation of income performed with respect to 
     households receiving assistance for arrearages shall consider 
     only the income that the household was receiving at the time 
     the arrearages were incurred.
       (e) 3-year Availability.--
       (1) In general.--Each recipient of amounts made available 
     pursuant to subsection (b) shall--
       (A) expend not less than 60 percent of the grant amounts 
     within 2 years of the date on which the funds became 
     available to the recipient for obligation; and
       (B) expend 100 percent of the grant amounts within 3 years 
     of the date on which the funds became available to the 
     recipient for obligation.
       (2) Reallocation after 2 years.--
       (A) In general.--The Secretary may recapture any amounts 
     not expended in compliance with paragraph (1)(A) and 
     reallocate those amounts to recipients in compliance with the

[[Page H5361]]

     formula described in subsection (i) and this paragraph.
       (B) States, metropolitan cities, and urban counties.--Funds 
     recaptured under subparagraph (A) with respect to a recipient 
     described in subsection (i)(1)(B) shall be reallocated to 
     other participating recipients of funds described in 
     subsection (i)(1)(B).
       (C) Indian tribes, tribally designated housing entities, 
     and department of hawaiian home lands.--Funds recaptured 
     under subparagraph (A) with respect to a recipient described 
     in subsection (i)(1)(A)(i)(I) shall be reallocated to other 
     participating recipients of funds described in subsection 
     (i)(1)(A)(i)(I).
       (D) Insular areas.--Funds recaptured under subparagraph (A) 
     with respect to a recipient described in subsection 
     (i)(1)(A)(i)(II) shall be reallocated to other participating 
     recipients of funds described in subsection (i)(1)(A)(i)(II).
       (f) Rent Restrictions.--
       (1) Inapplicability.--Section 576.106(d) of title 24, Code 
     of Federal Regulations, or any successor regulation, shall 
     not apply with respect to homelessness prevention assistance 
     made available with amounts made available pursuant to 
     subsection (b).
       (2) Amount of rental assistance.--In providing homelessness 
     prevention assistance with amounts made available pursuant to 
     subsection (b), the maximum amount of rental assistance that 
     may be provided shall be the greater of--
       (A) 120 percent of the higher of--
       (i) the fair market rent established by the Secretary for 
     the metropolitan area or county; or
       (ii) the applicable small area fair market rent established 
     by the Secretary; or
       (iii) such higher amount as the Secretary shall determine 
     is needed to cover market rents in the area.
       (g) Subleases.--A recipient of amounts made available 
     pursuant to subsection (b) shall not be prohibited from 
     providing assistance authorized under subsection (b) with 
     respect to subleases that are valid under State law.
       (h) Utility Payment and Rental Arrearages.--In providing 
     assistance with amounts made available pursuant to subsection 
     (b) of this section--
       (1) sections 576.105(a)(5) and 576.106(a)(3) of title 24, 
     Code of Federal Regulations, shall each be applied by 
     substituting ``12 months'' for ``6 months''; and
       (2) notwithstanding section 576.106(g) of title 24, Code of 
     Federal Regulations, where such assistance is solely with 
     respect to rental arrears, the recipient shall not be 
     required to provide a written lease or evidence of an oral 
     agreement.
       (i) Allocation of Assistance.--
       (1) In general.--In allocating amounts made available 
     pursuant to subsection (b), the Secretary shall--
       (A)(i) for any purpose authorized in this section--
       (I) allocate 2 percent of such amount for Indian tribes and 
     tribally designated housing entities under the formula 
     established under section 302 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4152), except that 0.3 percent of the amount allocated under 
     this subclause shall be allocated for the Department of 
     Hawaiian Home Lands; and
       (II) allocate 0.3 percent of such amount for the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands; and
       (ii) not later than 30 days after the date of enactment of 
     this Act, obligate and disburse the amounts allocated under 
     clause (i) in accordance with those allocations and provide 
     the recipients with any necessary guidance for use of the 
     funds; and
       (B)(i) not later than 7 days after the date of enactment of 
     this Act and after setting aside amounts under subparagraph 
     (A)--
       (I) allocate 50 percent of any such remaining amounts under 
     the formula specified in subsections (a), (b), and (e) of 
     section 414 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11373) for each State, metropolitan city, and urban 
     county that is to receive a direct grant of such amounts;
       (II) allocate 50 percent of any such remaining amounts 
     through the formula used by the Secretary to distribute the 
     second allocation of grants in accordance with the formula 
     described in the matter under the heading ``Department of 
     Housing and Urban Development--Community Planning and 
     Development--Homeless Assistance Grants'' in title XII of 
     division B of the CARES Act (Public Law 116-136) for each 
     State, metropolitan city, and urban county that is to receive 
     a direct grant of such amounts; and
       (III) notify each direct grantee of the total amount to be 
     allocated under this clause; and
       (ii) not later than 30 days after the date of enactment of 
     this Act, obligate and disburse the amounts allocated under 
     clause (i) in accordance with those allocations and provide 
     the recipient with any necessary guidance for use of the 
     funds.
       (2) Allocations to states.--
       (A) In general.--Notwithstanding section 414(a) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11373(a)) 
     and section 576.202(a) of title 24, Code of Federal 
     Regulations, or any successor regulation, a State recipient 
     of an allocation under this section may elect to use up to 
     100 percent of its allocation to carry out activities 
     eligible under this section directly.
       (B) Requirement.--Any State recipient making an election 
     described in subparagraph (A) shall serve households 
     throughout the entire State, including households in rural 
     communities and small towns.
       (3) Election not to administer.--
       (A) Metropolitan cities and urban counties.--If a recipient 
     under paragraph (1)(B) other than a State elects not to 
     receive funds under this section, such funds shall be 
     allocated to the State recipient in which the recipient is 
     located.
       (B) Indian tribes, tribally designated housing entities, 
     and department of hawaiian homelands.--If a recipient under 
     paragraph (1)(A)(i)(I) elects not to receive funds under this 
     section, such funds shall be allocated to other participating 
     recipients of funds under paragraph (1)(A)(i)(I).
       (C) Insular areas.--If a recipient under paragraph 
     (1)(A)(i)(II) elects not to receive funds under this section, 
     such funds shall be allocated to other participating 
     recipients of funds under paragraph (1)(A)(i)(II).
       (D) Partnerships, subgrants, and contracts.--A recipient of 
     a grant under this section may distribute funds through 
     partnerships, subgrants, or contracts with an entity, such as 
     a public housing agency, that is capable of carrying out 
     activities under this section.
       (j) Inapplicability of Matching Requirement.--Section 
     416(a) of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11375(a)) shall not apply to any amounts made 
     available pursuant to subsection (b) of this section.
       (k) Reimbursement of Eligible Activities.--Amounts made 
     available pursuant to subsection (b) may be used by a 
     recipient to reimburse expenditures incurred for eligible 
     activities under this section carried out after the date of 
     enactment of this Act.
       (l) Prohibition on Prerequisites.--None of the funds made 
     available under this section may be used to require any 
     individual or household receiving assistance under this 
     section to receive treatment or perform any other 
     prerequisite activities as a condition for receiving such 
     assistance.
       (m) Waivers and Alternative Requirements.--
       (1) In general.--
       (A) Authority.--In administering the amounts made available 
     pursuant to subsection (b), the Secretary may waive, or 
     specify alternative requirements for, any provision of any 
     statute or regulation that the Secretary administers in 
     connection with the obligation by the Secretary or the use by 
     the recipient of such amounts (except for requirements 
     related to fair housing, nondiscrimination, labor standards, 
     prohibition on prerequisites, minimum data reporting, and the 
     environment), if the Secretary finds that good cause exists 
     for the waiver or alternative requirement and such waiver or 
     alternative requirement is necessary to expedite the use of 
     funds made available pursuant to this section, to respond to 
     public health orders or conditions related to the COVID-19 
     emergency, or to ensure that eligible individuals can attain 
     or maintain housing stability.
       (B) Public notice.--The Secretary shall notify the public 
     through the Federal Register or other appropriate means of 
     any waiver or alternative requirement under this paragraph, 
     and that such public notice shall be provided, at a minimum, 
     on the internet at the appropriate Government website or 
     through other electronic media, as determined by the 
     Secretary.
       (C) Eligibility requirements.--Eligibility for rental 
     assistance or housing relocation and stabilization services 
     shall not be restricted based upon the prior receipt of 
     assistance under the program during the preceding three 
     years.
       (D) Inspections of current housing units.--A recipient of 
     funds made available pursuant to subsection (b) may elect not 
     to conduct inspections for minimum habitability standards 
     described in section 576.403 of title 24, Code of Federal 
     Regulations, or any successor regulation, for any assistance 
     under this section that is provided on behalf of an 
     individual or household who will continue to reside in the 
     same housing unit in which they resided immediately before 
     receiving the assistance.
       (2) Public hearings.--
       (A) Inapplicability of in-person hearing requirements 
     during the covid-19 emergency.--
       (i) In general.--A recipient under this section shall not 
     be required to hold in-person public hearings in connection 
     with its citizen participation plan, but shall provide 
     citizens with notice, including publication of its plan for 
     carrying out this section on the internet, and a reasonable 
     opportunity to comment of not less than 5 days.
       (ii) Resumption of in-person hearing requirements.--After 
     the period beginning on the date of enactment of this Act and 
     ending on the date of the termination by the Federal 
     Emergency Management Agency of the emergency declared on 
     March 13, 2020, by the President under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 
     et seq.) relating to the Coronavirus Disease 2019 (COVID-19) 
     pandemic, and after the period described in subparagraph 
     (B)(i), the Secretary shall direct recipients under this 
     section to resume pre-crisis public hearing requirements.
       (B) Virtual public hearings.--
       (i) In general.--During the period that national or local 
     health authorities recommend social distancing and limiting 
     public gatherings for public health reasons, a recipient may 
     fulfill applicable public hearing requirements for all grants 
     from funds made available pursuant to this section by 
     carrying out virtual public hearings.
       (ii) Requirements.--Any virtual hearings held under clause 
     (i) by a recipient under this section shall provide 
     reasonable notification and access for citizens in accordance 
     with the recipient's certifications, timely responses from 
     local officials to all citizen questions and issues, and 
     public access to all questions and responses.
       (n) Consultation.--In addition to any other citizen 
     participation and consultation requirements, in developing 
     and implementing a plan to carry out this section, each 
     recipient of funds made available pursuant to this section 
     shall consult with--
       (1) the applicable Continuum or Continuums of Care for the 
     area served by the recipient;
       (2) organizations representing underserved communities and 
     populations; and

[[Page H5362]]

       (3) organizations with expertise in affordable housing, 
     fair housing, and services for people with disabilities.
       (o) Administration.--
       (1) By secretary.--Of any amounts made available pursuant 
     to subsection (b)--
       (A) not more than the lesser of 0.5 percent, or 
     $15,000,000, may be used by the Secretary for staffing, 
     training, technical assistance, technology, monitoring, 
     research, and evaluation activities necessary to carry out 
     the program carried out under this section, and such amounts 
     shall remain available until September 30, 2024; and
       (B) not more than $2,000,000 shall be available to the 
     Office of the Inspector General of the Department of Housing 
     and Urban Development for audits and investigations of the 
     program authorized under this section.
       (2) By recipients.--Notwithstanding section 576.108 of 
     title 24 of the Code of Federal Regulations, or any successor 
     regulation, with respect to amounts made available pursuant 
     to subsection (b), a recipient may use up to 10 percent of 
     funds received for payment of administrative costs related to 
     the planning and execution of eligible activities carried out 
     under this section.

     SEC. 202. HOMEOWNER ASSISTANCE FUND.

       (a) Definitions.--In this section:
       (1) Fund.--The term ``Fund'' means the Homeowner Assistance 
     Fund established under subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (3) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, any territory of the 
     United States, Puerto Rico, Guam, American Samoa, the Virgin 
     Islands, and the Northern Mariana Islands.
       (b) Establishment of Fund.--There is established at the 
     Department of the Treasury a Homeowner Assistance Fund to 
     provide such funds as are made available under subsection (g) 
     to State housing finance agencies for the purpose of 
     preventing homeowner mortgage defaults, foreclosures, and 
     displacements of individuals and families experiencing 
     financial hardship after January 21, 2020.
       (c) Allocation of Funds.--
       (1) Administration.--Of any amounts made available for the 
     Fund, the Secretary of the Treasury may allocate, in the 
     aggregate, an amount not exceeding 5 percent--
       (A) to the Office of Financial Stability established under 
     section 101(a) of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5211(a)) to administer and oversee the Fund, 
     and to provide technical assistance to States for the 
     creation and implementation of State programs to administer 
     assistance from the Fund; and
       (B) to the Inspector General of the Department of the 
     Treasury for oversight of the program under this section.
       (2) For states.--The Secretary shall establish such 
     criteria as are necessary to allocate the funds available 
     within the Fund for each State. The Secretary shall allocate 
     such funds among all States taking into consideration the 
     number of unemployment claims within a State relative to the 
     nationwide number of unemployment claims.
       (3) Small state minimum.--The amount allocated for each 
     State shall not be less than $80,000,000.
       (4) Set-aside for insular areas.--Notwithstanding any other 
     provision of this section, of the amounts appropriated under 
     subsection (g), the Secretary shall reserve $65,000,000 to be 
     disbursed to Guam, American Samoa, the Virgin Islands, and 
     the Northern Mariana Islands based on each such territory's 
     share of the combined total population of all such 
     territories, as determined by the Secretary. For the purposes 
     of this paragraph, population shall be determined based on 
     the most recent year for which data are available from the 
     United States Census Bureau.
       (5) Set-aside for indian tribes and native hawaiians.--
       (A) Indian tribes.--Notwithstanding any other provision of 
     this section, of the amounts appropriated under subsection 
     (g), the Secretary shall use 5 percent to make grants in 
     accordance with subsection (f) to eligible recipients for the 
     purposes described in subsection (e)(1).
       (B) Native hawaiians.--Of the funds set aside under 
     subparagraph (A), the Secretary shall use 0.3 percent to make 
     grants to the Department of Hawaiian Home Lands in accordance 
     with subsection (f) for the purposes described in subsection 
     (e)(1).
       (d) Disbursement of Funds.--
       (1) Administration.--Except for amounts made available for 
     assistance under subsection (f), State housing finance 
     agencies shall be primarily responsible for administering 
     amounts disbursed from the Fund, but may delegate 
     responsibilities and sub-allocate amounts to community 
     development financial institutions and State agencies that 
     administer Low-Income Home Energy Assistance Program of the 
     Department of Health and Human Services.
       (2) Notice of funding.--The Secretary shall provide public 
     notice of the amounts that will be made available to each 
     State and the method used for determining such amounts not 
     later than the expiration of the 14-day period beginning on 
     the date of the enactment of this Act of enactment.
       (3) Shfa plans.--
       (A) Eligibility.--To be eligible to receive funding 
     allocated for a State under the section, a State housing 
     finance agency for the State shall submit to the Secretary a 
     plan for the implementation of State programs to administer, 
     in part or in full, the amount of funding the state is 
     eligible to receive, which shall provide for the commencement 
     of receipt of applications by homeowners for assistance, and 
     funding of such applications, not later than the expiration 
     of the 6-month period beginning upon the approval under this 
     paragraph of such plan.
       (B) Multiple plans.--. A State housing finance agency may 
     submit multiple plans, each covering a separate portion of 
     funding for which the State is eligible.
       (C) Timing.--The Secretary shall approve or disapprove a 
     plan within 30 days after the plan's submission and, if 
     disapproved, explain why the plan could not be approved.
       (D) Disbursement upon approval.--The Secretary shall 
     disburse to a State housing finance agency the appropriate 
     amount of funding upon approval of the agency's plan.
       (E) Amendments.--A State housing finance agency may 
     subsequently amend a plan that has previously been approved, 
     provided that any plan amendment shall be subject to the 
     approval of the Secretary. The Secretary shall approve any 
     plan amendment or disapprove such amendment explain why the 
     plan amendment could not be approved within 45 days after 
     submission to the Secretary of such amendment.
       (F) Technical assistance.--The Secretary shall provide 
     technical assistance for any State housing finance agency 
     that twice fails to have a submitted plan approved.
       (4) Plan templates.--The Secretary shall, not later than 30 
     days after the date of the enactment of this Act, publish 
     templates that States may utilize in drafting the plans 
     required under paragraph (3)(A). The template plans shall 
     include standard program terms and requirements, as well as 
     any required legal language, which State housing finance 
     agencies may modify with the consent of the Secretary.
       (e) Permissible Uses of Fund.--
       (1) In general.--Funds made available to State housing 
     finance agencies pursuant to this section may be used for the 
     purposes established under subsection (b), which may 
     include--
       (A) mortgage payment assistance, including financial 
     assistance to allow a borrower to reinstate their mortgage or 
     to achieve a more affordable mortgage payment, which may 
     include principal reduction or rate reduction, provided that 
     any mortgage payment assistance is tailored to a borrower's 
     needs and their ability to repay, and takes into 
     consideration the loss mitigation options available to the 
     borrower;
       (B) assistance with payment of taxes, hazard insurance, 
     flood insurance, mortgage insurance, or homeowners' 
     association fees;
       (C) utility payment assistance, including electric, gas, 
     water, and internet service, including broadband internet 
     access service (as such term is defined in section 8.1(b) of 
     title 47, Code of Federal Regulations (or any successor 
     regulation));
       (D) reimbursement of funds expended by a State or local 
     government during the period beginning on January 21, 2020, 
     and ending on the date that the first funds are disbursed by 
     the State under the Fund, for the purpose of providing 
     housing or utility assistance to individuals or otherwise 
     providing funds to prevent foreclosure or eviction of a 
     homeowner or prevent mortgage delinquency or loss of housing 
     or critical utilities as a response to the coronavirus 
     disease 2019 (COVID-19) pandemic; and
       (E) any other assistance for homeowners to prevent 
     eviction, mortgage delinquency or default, foreclosure, or 
     the loss of essential utility services.
       (2) Targeting.--
       (A) Requirement.--Not less than 60 percent of amounts made 
     available for each State or other entity allocated amounts 
     under subsection (c) shall be used for activities under 
     paragraph (1) that assist homeowners having incomes equal to 
     or less than 80 percent of the area median income.
       (B) Determination of income.--In determining the income of 
     a household for purposes of this paragraph, income shall be 
     considered to include only income that the household is 
     receiving at the time of application for assistance from the 
     Fund and any income recently terminated shall not be 
     included, except that for purposes of households receiving 
     assistance for arrearages income shall include only the 
     income that the household was receiving at the time such 
     arrearages were incurred.
       (C) Language assistance.--Each State housing finance agency 
     or other entity allocated amounts under subsection (c) shall 
     make available to each applicant for assistance from amounts 
     from the Fund language assistance in any language for which 
     such language assistance is available to the State housing 
     finance agency or entity in and shall provide notice to each 
     such applicant that such language assistance is available.
       (3) Administrative expenses.--Not more than 15 percent of 
     the amount allocated to a State pursuant to subsection (c) 
     may be used by a State housing financing agency for 
     administrative expenses. Any amounts allocated to 
     administrative expenses that are no longer necessary for 
     administrative expenses may be used in accordance with 
     paragraph (1).
       (f) Tribal and Native Hawaiian Assistance.--
       (1) Definitions.--In this subsection:
       (A) Department of hawaiian home lands.--The term 
     ``Department of Hawaiian Home Lands'' has the meaning given 
     the term in section 801 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (42 U.S.C. 
     4221).
       (B) Eligible recipient.--The term ``eligible recipient'' 
     means any entity eligible to receive a grant under section 
     101 of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111).
       (2) Requirements.--
       (A) Allocation.--Except for the funds set aside under 
     subsection (c)(5)(B), the Secretary shall allocate the funds 
     set aside under subsection (c)(5)(A) using the allocation 
     formula described in subpart D of part 1000 of title 24, Code 
     of Federal Regulations (or any successor regulations).

[[Page H5363]]

       (B) Native hawaiians.--The Secretary shall use the funds 
     made available under subsection (c)(5)(B) in accordance with 
     part 1006 of title 24, Code of Federal Regulations (or 
     successor regulations).
       (3) Transfer.--The Secretary shall transfer any funds made 
     available under subsection (c)(5) that have not been 
     allocated by an eligible recipient or the Department of 
     Hawaiian Home Lands, as applicable, to provide the assistance 
     described in subsection (e)(1) by December 31, 2030, to the 
     Secretary of Housing and Urban Development to carry out the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Homeowner Assistance Fund 
     established under subsection (b), $21,000,000,000, to remain 
     available until expended.
       (h) Use of Housing Finance Agency Innovation Fund for the 
     Hardest Hit Housing Markets Funds.--A State housing finance 
     agency may reallocate any administrative or programmatic 
     funds it has received as an allocation from the Housing 
     Finance Agency Innovation Fund for the Hardest Hit Housing 
     Markets created pursuant to section 101(a) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5211(a)) that 
     have not been otherwise allocated or disbursed as of the date 
     of enactment of this Act to supplement any administrative or 
     programmatic funds received from the Housing Assistance Fund. 
     Such reallocated funds shall not be considered when 
     allocating resources from the Housing Assistance Fund using 
     the process established under subsection (c) and shall remain 
     available for the uses permitted and under the terms and 
     conditions established by the contract with Secretary created 
     pursuant to subsection (d)(1) and the terms of subsection 
     (i).
       (i) Reporting Requirements.--The Secretary shall provide 
     public reports not less frequently than quarterly regarding 
     the use of funds provided by the Homeowner Assistance Fund. 
     Such reports shall include the following data by State and by 
     program within each State, both for the past quarter and 
     throughout the life of the program--
       (1) the amount of funds allocated;
       (2) the amount of funds disbursed;
       (3) the number of households and individuals assisted;
       (4) the acceptance rate of applicants;
       (5) the type or types of assistance provided to each 
     household;
       (6) whether the household assisted had a federally backed 
     loan and identification of the Federal entity backing such 
     loan;
       (7) the average amount of funding provided per household 
     receiving assistance and per type of assistance provided;
       (8) the average number of monthly payments that were 
     covered by the funding amount that a household received, as 
     applicable, disaggregated by type of assistance provided;
       (9) the income level of each household receiving 
     assistance; and
       (10) the outcome 12 months after the household has received 
     assistance.
     Each report under this subsection shall disaggregate the 
     information provided under paragraphs (3) through (10) by 
     State, zip code, racial and ethnic composition of the 
     household, and whether or not the person from the household 
     applying for assistance speaks English as a second language.

     SEC. 203. PROTECTING RENTERS AND HOMEOWNERS FROM EVICTIONS 
                   AND FORECLOSURES.

       (a) Eviction Moratorium.--The CARES Act is amended by 
     striking section 4024 (15 U.S.C. 9058; Public Law 116-136; 
     134 Stat. 492) and inserting the following new section:

     ``SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.

       ``(a) Congressional Findings.--The Congress finds that--
       ``(1) according to the 2018 American Community Survey, 36 
     percent of households in the United States--more than 43 
     million households--are renters;
       ``(2) in 2019 alone, renters in the United States paid $512 
     billion in rent;
       ``(3) according to the Joint Center for Housing Studies of 
     Harvard University, 20.8 million renters in the United States 
     spent more than 30 percent of their incomes on housing in 
     2018 and 10.9 million renters spent more than 50 percent of 
     their incomes on housing in the same year;
       ``(4) according to data from the Department of Labor, more 
     than 30 million people have filed for unemployment since the 
     COVID-19 pandemic began;
       ``(5) the impacts of the spread of COVID-19, which is now 
     considered a global pandemic, are expected to negatively 
     impact the incomes of potentially millions of renter 
     households, making it difficult for them to pay their rent on 
     time; and
       ``(6) evictions in the current environment would increase 
     homelessness and housing instability which would be 
     counterproductive towards the public health goals of keeping 
     individuals in their homes to the greatest extent possible.
       ``(b) Moratorium.--During the period beginning on the date 
     of the enactment of this Act and ending 12 months after such 
     date of enactment, the lessor of a covered dwelling located 
     in such State may not--
       ``(1) make, or cause to be made, any filing with the court 
     of jurisdiction to initiate a legal action to recover 
     possession of the covered dwelling from the tenant for 
     nonpayment of rent or other fees or charges; or
       ``(2) charge fees, penalties, or other charges to the 
     tenant related to such nonpayment of rent.
       ``(c) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Covered dwelling.--The term `covered dwelling' means 
     a dwelling that is occupied by a tenant--
       ``(A) pursuant to a residential lease; or
       ``(B) without a lease or with a lease terminable at will 
     under State law.
       ``(2) Dwelling.--The term `dwelling' has the meaning given 
     such term in section 802 of the Fair Housing Act (42 U.S.C. 
     3602) and includes houses and dwellings described in section 
     803(b) of such Act (42 U.S.C. 3603(b)).
       ``(d) Notice to Vacate After Moratorium Expiration Date.--
     After the expiration of the period described in subsection 
     (b), the lessor of a covered dwelling may not require the 
     tenant to vacate the covered dwelling by reason of nonpayment 
     of rent or other fees or charges before the expiration of the 
     30-day period that begins upon the provision by the lessor to 
     the tenant, after the expiration of the period described in 
     subsection (b), of a notice to vacate the covered 
     dwelling.''.
       (b) Mortgage Relief.--
       (1) Forbearance and foreclosure moratorium for covered 
     mortgage loans.--Section 4022 of the CARES Act (15 U.S.C. 
     9056) is amended--
       (A) by striking ``Federally backed mortgage loan'' each 
     place that term appears and inserting ``covered mortgage 
     loan''; and
       (B) in subsection (a)--
       (i) by amending paragraph (2) to read as follows:
       ``(2) Covered mortgage loan.--The term `covered mortgage 
     loan'--
       ``(A) means any credit transaction that is secured by a 
     mortgage, deed of trust, or other equivalent consensual 
     security interest on a 1- to 4-unit dwelling or on 
     residential real property that includes a 1- to 4-unit 
     dwelling; and
       ``(B) does not include a credit transaction under an open 
     end credit plan other than a reverse mortgage.''; and
       (ii) by adding at the end the following:
       ``(3) Covered period.--With respect to a loan, the term 
     `covered period' means the period beginning on the date of 
     enactment of this Act and ending 12 months after such date of 
     enactment.''.
       (2) Automatic forbearance for delinquent borrowers.--
     Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as 
     amended by paragraph (5) of this subsection, is further 
     amended by adding at the end the following:
       ``(9) Automatic forbearance for delinquent borrowers of 
     covered mortgage loans that are not federally-insured reverse 
     mortgage loans.--
       ``(A) In general.--Notwithstanding any other law governing 
     forbearance relief, with respect to any covered mortgage loan 
     that is not a federally-insured reverse mortgage loan--
       ``(i) any borrower whose covered mortgage loan became 60 
     days delinquent between March 13, 2020, and the date of 
     enactment of this paragraph, and who has not already received 
     a forbearance under subsection (b), shall automatically be 
     granted a 60-day forbearance that begins on the date of 
     enactment of this paragraph, provided that a borrower shall 
     not be considered delinquent for purposes of this paragraph 
     while making timely payments or otherwise performing under a 
     trial modification or other loss mitigation agreement; and
       ``(ii) any borrower whose covered mortgage loan becomes 60 
     days delinquent between the date of enactment of this 
     paragraph and the end of the covered period, and who has not 
     already received a forbearance under subsection (b), shall 
     automatically be granted a 60-day forbearance that begins on 
     the 60th day of delinquency, provided that a borrower shall 
     not be considered delinquent for purposes of this paragraph 
     while making timely payments or otherwise performing under a 
     trial modification or other loss mitigation agreement.
       ``(B) Initial extension.--An automatic forbearance provided 
     under subparagraph (A) shall be extended for up to an 
     additional 120 days upon the request of the borrower, oral or 
     written, submitted to the servicer of the borrower affirming 
     that the borrower is experiencing a financial hardship that 
     prevents the borrower from making timely payments on the 
     covered mortgage loan due, directly or indirectly, to the 
     COVID-19 emergency.
       ``(C) Subsequent extension.--A forbearance extended under 
     subparagraph (B) shall be further extended by the servicer, 
     for the period or periods requested, for a total forbearance 
     period of up to 12 months (including the period of automatic 
     forbearance), upon the borrower's request, oral or written, 
     submitted to the borrower's servicer affirming that the 
     borrower is experiencing a financial hardship that prevents 
     the borrower from making timely payments on the covered 
     mortgage loan due, directly or indirectly, to the COVID-19 
     emergency.
       ``(D) Right to elect to continue making payments.--
       ``(i) In general.--With respect to a forbearance provided 
     under this paragraph, the borrower of the covered mortgage 
     loan may elect to continue making regular payments on the 
     covered mortgage loan.
       ``(ii) Loss mitigation.--A borrower who makes an election 
     described in clause (i) shall be offered a loss mitigation 
     option pursuant to subsection (d) within 30 days of resuming 
     regular payments to address any payment deficiency during the 
     forbearance.
       ``(E) Right to shorten forbearance.--
       ``(i) In general.--At the request of a borrower, any period 
     of forbearance provided to the borrower under this paragraph 
     may be shortened.
       ``(ii) Loss mitigation.--A borrower who makes a request 
     under clause (i) shall be offered a loss mitigation option 
     pursuant to subsection (d) within 30 days of resuming regular 
     payments to address any payment deficiency during the 
     forbearance.
       ``(10) Automatic extension of due and payable status for 
     certain reverse mortgage loans.--

[[Page H5364]]

       ``(A) In general.--When any covered mortgage loan that is 
     also a federally-insured reverse mortgage loan, during the 
     covered period, is due and payable due to the death of the 
     last surviving borrower but the property to which the covered 
     mortgage loan relates is not vacant or abandoned, or the 
     covered mortgage loan is eligible to be called due and 
     payable due to a property charge default, or if the borrower 
     defaults on a property charge repayment plan, or if the 
     borrower defaults for failure to complete property repairs, 
     or if an obligation of the borrower under the Security 
     Instrument is not performed, the mortgagee automatically 
     shall be granted a 180-day extension of--
       ``(i) the mortgagee's deadline to request due and payable 
     status from the Department of Housing and Urban Development, 
     where applicable;
       ``(ii) the mortgagee's deadline to send notification to the 
     mortgagor or his or her heirs that the loan is due and 
     payable;
       ``(iii) the deadline to initiate foreclosure;
       ``(iv) any reasonable diligence period related to 
     foreclosure or the Mortgagee Optional Election;
       ``(v) any deadline relevant to establishing that a non-
     borrowing spouse may be eligible for a deferral period;
       ``(vi) if applicable, the deadline to obtain the due and 
     payable appraisal; and
       ``(vii) any claim submission deadline, including the 6-
     month acquired property marketing period.
       ``(B) Length of extension of due and payable status.--The 
     mortgagee shall not request due and payable status from the 
     Secretary of Housing and Urban Development nor initiate or 
     continue a foreclosure action during this 180-day period 
     described in subparagraph (A), which shall be considered a 
     forbearance period.
       ``(C) Extension.--A forbearance provided under subparagraph 
     (B) and related deadline extension authorized under 
     subparagraph (A) shall be extended for the period or periods 
     requested, for a total forbearance period of up to 12 months 
     upon--
       ``(i) the request of the borrower, oral or written, 
     submitted to the servicer of the borrower affirming that the 
     borrower is experiencing a financial hardship that prevents 
     the borrower from making payments on property charges, 
     completing property repairs, or performing an obligation of 
     the borrower under the Security Instrument due, directly or 
     indirectly, to the COVID-19 emergency;
       ``(ii) the request of a non-borrowing spouse, oral or 
     written, submitted to the servicer affirming that the non-
     borrowing spouse has been unable to satisfy all criteria for 
     the Mortgagee Optional Election program due, directly or 
     indirectly, to the COVID-19 emergency, or to perform all 
     actions necessary to become an eligible non-borrowing spouse 
     following the death of all borrowers; or
       ``(iii) the request of a successor-in-interest of the 
     borrower, oral or written, submitted to the servicer 
     affirming the difficulty of the heir in satisfying the 
     reverse mortgage loan due, directly or indirectly, to the 
     COVID-19 emergency.
       ``(D) Curtailment of debenture interest.--Where any covered 
     mortgage loan that is also a federally insured reverse 
     mortgage loan is in default during the covered period and 
     subject to a prior event which provides for curtailment of 
     debenture interest in connection with a claim for insurance 
     benefits, the curtailment of debenture interest shall be 
     suspended during any forbearance period provided herein.''.
       (3) Additional foreclosure and repossession protections.--
     Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is 
     amended--
       (A) in paragraph (2), by striking ``may not initiate any 
     judicial or non-judicial foreclosure process, move for a 
     foreclosure judgment or order of sale, or execute a 
     foreclosure-related eviction or foreclosure sale for not less 
     than the 60-day period beginning on March 18, 2020'' and 
     inserting ``may not initiate or proceed with any judicial or 
     non-judicial foreclosure process, schedule a foreclosure 
     sale, move for a foreclosure judgment or order of sale, 
     execute a foreclosure related eviction or foreclosure sale 
     for the 6-month period beginning on the date of enactment of 
     the COVID-19 HERO Act''; and
       (B) by adding at the end the following:
       ``(3) Repossession moratorium.--In the case of personal 
     property, including any recreational or motor vehicle, used 
     as a dwelling, no person may use any judicial or non-judicial 
     procedure to repossess or otherwise take possession of the 
     property for the 6-month period beginning on the date of 
     enactment of this paragraph.''.
       (4) Mortgage forbearance reforms.--Section 4022 of the 
     CARES Act (15 U.S.C. 9056) is amended--
       (A) in subsection (b), by striking paragraphs (1), (2), and 
     (3) and inserting the following:
       ``(1) In general.--During the covered period, a borrower 
     with a covered mortgage loan who has not obtained automatic 
     forbearance pursuant to this section and who is experiencing 
     a financial hardship that prevents the borrower from making 
     timely payments on the covered mortgage loan due, directly or 
     indirectly, to the COVID-19 emergency may request forbearance 
     on the covered mortgage loan, regardless of delinquency 
     status, by--
       ``(A) submitting a request, orally or in writing, to the 
     servicer of the covered mortgage loan; and
       ``(B) affirming that the borrower is experiencing a 
     financial hardship that prevents the borrower from making 
     timely payments on the covered mortgage loan due, directly or 
     indirectly, to the COVID-19 emergency.
       ``(2) Duration of forbearance.--
       ``(A) In general.--Upon a request by a borrower to a 
     servicer for forbearance under paragraph (1), the forbearance 
     shall be granted by the servicer for the period requested by 
     the borrower, up to an initial length of 180 days, the length 
     of which shall be extended by the servicer, at the request of 
     the borrower for the period or periods requested, for a total 
     forbearance period of not more than 12 months.
       ``(B) Minimum forbearance amounts.--For purposes of 
     granting a forbearance under this paragraph, a servicer may 
     grant an initial forbearance with a term of not less than 90 
     days, provided that it is automatically extended for an 
     additional 90 days unless the servicer confirms the borrower 
     does not want to renew the forbearance or that the borrower 
     is no longer experiencing a financial hardship that prevents 
     the borrower from making timely mortgage payments due, 
     directly or indirectly, to the COVID-19 emergency.
       ``(C) Right to shorten forbearance.--
       ``(i) In general.--At the request of a borrower, any period 
     of forbearance described under this paragraph may be 
     shortened.
       ``(ii) Loss mitigation.--A borrower who makes a request 
     under clause (i) shall be offered a loss mitigation option 
     pursuant to subsection (d) within 30 days of resuming regular 
     payments to address any payment deficiency during the 
     forbearance.
       ``(3) Accrual of interest or fees.--A servicer shall not 
     charge a borrower any fees, penalties, or interest (beyond 
     the amounts scheduled or calculated as if the borrower made 
     all contractual payments on time and in full under the terms 
     of the mortgage contract) in connection with a forbearance, 
     provided that a servicer may offer the borrower a 
     modification option at the end of a forbearance period 
     granted hereunder that includes the capitalization of past 
     due principal and interest and escrow payments as long as the 
     principal and interest payment of the borrower under such 
     modification remains at or below the contractual principal 
     and interest payments owed under the terms of the mortgage 
     contract before such forbearance period except as the result 
     of a change in the index of an adjustable rate mortgage, or, 
     in the case of loans insured by the Federal Housing 
     Administration, except in a modification compliant with 
     applicable Federal Housing Administration policies.
       ``(4) Communication with servicers.--Any communication 
     between a borrower and a servicer described in this section 
     may be made in writing or orally, at the election of the 
     borrower.
       ``(5) Communication with borrowers with a disability.--
       ``(A) In general.--Upon request from a borrower, servicers 
     shall communicate with borrowers who have a disability in the 
     preferred method of communication of the borrower.
       ``(B) Definition.--In this paragraph, the term `disability' 
     has the meaning given the term `handicap' in section 802 of 
     the Fair Housing Act (42 U.S.C. 3602).''; and
       (B) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) No documentation required.--A servicer of a covered 
     mortgage loan shall not require any documentation with 
     respect to a forbearance under this section other than the 
     oral or written affirmation of the borrower to a financial 
     hardship that prevents the borrower from making timely 
     payments on the covered mortgage loan due, directly or 
     indirectly, to the COVID-19 emergency. An oral request for 
     forbearance and oral affirmation of hardship by the borrower 
     shall be sufficient for the borrower to obtain or extend a 
     forbearance.''.
       (5) Other servicer requirements during forbearance.--
     Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as 
     amended by paragraph (3) of this subsection, is amended by 
     adding at the end the following:
       ``(4) Forbearance terms notice.--Within 30 days of a 
     servicer of a covered mortgage loan providing forbearance to 
     a borrower under subsection (b) or paragraph (9) or (10), or 
     10 days if the forbearance is for a term of less than 60 
     days, but only where the forbearance was provided in response 
     to a request by the borrower for forbearance or when an 
     automatic forbearance was initially provided under paragraph 
     (9) or (10), and not when an existing forbearance is 
     automatically extended, the servicer shall provide the 
     borrower with a notice in accordance with the terms in 
     paragraph (5).
       ``(5) Contents of notice.--The written notice required 
     under paragraph (4) shall state in plain language--
       ``(A) the specific terms of the forbearance;
       ``(B) the beginning and ending dates of the forbearance;
       ``(C) that the borrower is eligible for not more than 12 
     months of forbearance;
       ``(D) that the borrower may request an extension of the 
     forbearance unless the borrower will have reached the maximum 
     period at the end of the forbearance;
       ``(E) that the borrower may request that the initial or 
     extended period be shortened at any time;
       ``(F) that the borrower should contact the servicer before 
     the end of the forbearance period;
       ``(G) a description of the loss mitigation options that may 
     be available to the borrower at the end of the forbearance 
     period based on the specific covered mortgage loan of the 
     borrower;
       ``(H) information on how to find a housing counseling 
     agency approved by the Department of Housing and Urban 
     Development;
       ``(I) in the case of a forbearance provided pursuant to 
     paragraph (9) or (10), that the forbearance was automatically 
     provided and how to contact the servicer to make arrangements 
     for further assistance, including any renewal; and
       ``(J) where applicable, that the forbearance is subject to 
     an automatic extension, including the terms of any such 
     automatic extensions and when any further extension would 
     require a borrower request.
       ``(6) Treatment of escrow accounts.--During any forbearance 
     provided under this section,

[[Page H5365]]

     a servicer shall pay or advance funds to make disbursements 
     in a timely manner from any escrow account established on the 
     covered mortgage loan.
       ``(7) Notification for borrowers.--During the period 
     beginning on the date that is 90 days after the date of the 
     enactment of this paragraph and ending on the last day of the 
     covered period, each servicer of a covered mortgage loan 
     shall be required to--
       ``(A) make available in a clear and conspicuous manner on 
     their web page accurate information, in English and Spanish, 
     for borrowers regarding the availability of forbearance as 
     provided under subsection (b);
       ``(B) notify every borrower whose payments on a covered 
     mortgage loan are or become 31 days delinquent in any oral 
     communication with or to the borrower that the borrower may 
     be eligible to request forbearance as provided under 
     subsection (b), except that such notice shall not be required 
     if the borrower already has requested forbearance under 
     subsection (b); and
       ``(C) provide in writing, in both English and Spanish, to 
     any borrower whose payments on the covered mortgage loan are 
     or become 31 days delinquent, a notification that--
       ``(i) the borrower may be eligible for forbearance under 
     this section;
       ``(ii) the borrower can seek language assistance and 
     general help through a housing counseling agency certified by 
     the Department of Housing and Urban Development;
       ``(iii) provides information on how to find a counseling 
     agency described in clause (ii); and
       ``(iv) shall be provided not later than the 45th day of the 
     delinquency of the borrower.
       ``(8) Certain treatment under respa.--During any period of 
     time that a borrower is in forbearance, has not yet received 
     an offer under subsection (d)(2) or a notice of the 
     determination of the servicer under subsection (d)(3), as 
     applicable, or whose first payment due under an offer under 
     subsection (d)(2) is not yet past due--
       ``(A) for purposes of section 1024.41 of title 12, Code of 
     Federal Regulations (or any successor regulation), any 
     delinquency on the mortgage loan shall be tolled; and
       ``(B) the servicer shall not initiate or proceed with any 
     judicial or non-judicial foreclosure process, schedule a 
     foreclosure sale, move for a foreclosure judgment or order of 
     sale, execute a foreclosure related eviction or foreclosure 
     sale, including charging, assessing, or incurring any 
     foreclosure related fees, such as attorney fees, property 
     inspection fees, or title fees.''.
       (6) Post-forbearance loss mitigation.--
       (A) Amendment to the cares act.--Section 4022 of the CARES 
     Act (15 U.S.C. 9056) is amended by adding at the end the 
     following:
       ``(d) Post-forbearance Loss Mitigation.--
       ``(1) Notice of availability of additional forbearance.--
     With respect to any covered mortgage loan as to which 
     forbearance under this section has been granted and not 
     otherwise extended, including by automatic extension, a 
     servicer shall, not later than 30 days before the end of the 
     forbearance period, in writing, notify the borrower that 
     additional forbearance may be available and how to request 
     such forbearance, except that no such notice is required 
     where the borrower already has requested an extension of the 
     forbearance period, is subject to automatic extension 
     pursuant to subsection (b)(2)(B), or no additional 
     forbearance is available.
       ``(2) Loss mitigation offer before expiration of 
     forbearance on a covered mortgage loan other than a federally 
     insured reverse mortgage loan.--
       ``(A) In general.--For any covered mortgage loan that is 
     not a federally insured reverse mortgage loan, not later than 
     30 days before the end of any forbearance period that has not 
     been extended or 30 days after a request by a borrower to 
     terminate the forbearance, which time shall be before the 
     servicer initiates or engages in any foreclosure activity 
     listed in subsection (c)(2), including incurring or charging 
     to a borrower any fees or corporate advances related to a 
     foreclosure, the servicer shall, in writing--
       ``(i) offer the borrower a loss mitigation option, without 
     the charging of any fees or penalties other than interest, 
     such that the principal and interest payment of the borrower 
     remains the same as it was prior to the forbearance, subject 
     to any adjustment of the index pursuant to the terms of an 
     adjustable rate mortgage, and that--

       ``(I) defers the payment of total arrearages, including any 
     escrow advances, to the end of the existing term of the loan, 
     without the charging or collection of any additional interest 
     on the deferred amounts; or
       ``(II) extends the term of the mortgage loan, and 
     capitalizes, defers, or forgives all escrow advances and 
     other arrearages;

       ``(ii) concurrent with the loss mitigation offer in clause 
     (i), notify the borrower that the borrower has the right to 
     be evaluated for other loss mitigation options if the 
     borrower is not able to make the payment under the option 
     offered in clause (i).
       ``(B) Exception.--Notwithstanding subparagraph (A)(i), a 
     servicer may offer a borrower of a covered mortgage loan 
     described in subparagraph (A) a loss mitigation option that 
     reduces the principal and interest payment on the covered 
     mortgage loan and capitalizes, defers, or forgives all escrow 
     advances or arrearages if the servicer has information 
     indicating that the borrower cannot resume the pre-
     forbearance mortgage payments.
       ``(3) Evaluation for loss mitigation prior to foreclosure 
     initiation for any covered mortgage loan that is not a 
     federally insured reverse mortgage loan.--Before a servicer 
     may initiate or engage in any foreclosure activity listed in 
     subsection (c)(2) for any covered mortgage loan that is not a 
     federally insured reverse mortgage loan, including incurring 
     or charging to a borrower any fees or corporate advances 
     related to a foreclosure on the basis that the borrower has 
     failed to perform under the loss mitigation offer in 
     paragraph (2)(A) within the first 90 days after the option is 
     offered, including a failure to accept the loss mitigation 
     offer in paragraph (2)(A), the servicer shall--
       ``(A) unless the borrower has already submitted a complete 
     application that the servicer is reviewing--
       ``(i) notify the borrower in writing of the documents and 
     information, if any, needed by the servicer to enable the 
     servicer to consider the borrower for all available loss 
     mitigation options; and
       ``(ii) exercise reasonable diligence to obtain the 
     documents and information needed to complete the loss 
     mitigation application of the borrower; and
       ``(B) upon receipt of a complete application or if, despite 
     the exercise by the servicer of reasonable diligence, the 
     loss mitigation application remains incomplete 60 days after 
     the notice in paragraph (2)(A) is sent--
       ``(i) conduct an evaluation of the complete or incomplete 
     loss mitigation application without reference to whether the 
     borrower has previously submitted a complete loss mitigation 
     application; and
       ``(ii) offer the borrower all available loss mitigation 
     options for which the borrower qualifies under applicable 
     investor guidelines, including guidelines regarding required 
     documentation.
       ``(4) Effect on future requests for loss mitigation review 
     for borrowers with covered mortgage loans that are not 
     federally insured reverse mortgage loans.--An application, 
     offer, or evaluation for loss mitigation under this section 
     for a covered mortgage loan that is not a federally insured 
     reverse mortgage loan shall not be the basis for the denial 
     of an application of a borrower as duplicative or for a 
     reduction in the appeal rights of the borrower under 
     Regulation X in part 1024 of title 12, Code of Federal 
     Regulations, in regard to any loss mitigation application 
     submitted after the servicer has complied with the 
     requirements of paragraphs (2) and (3),
       ``(5) Safe harbor.--For any covered mortgage loan that is 
     not a federally insured reverse mortgage loan, any loss 
     mitigation option authorized by the Federal National Mortgage 
     Association, the Federal Home Loan Corporation, or the 
     Federal Housing Administration shall be deemed to comply with 
     the requirements of paragraph (2)(A) if the loss mitigation 
     option--
       ``(A) defers the payment of total arrearages, including any 
     escrow advances, to the end of the existing term of the loan, 
     without the charging or collection of any additional interest 
     on the deferred amounts; or
       ``(B) extends the term of the mortgage loan, and 
     capitalizes, defers, or forgives all escrow advances and 
     other arrearages, without the charging of any fees or 
     penalties beyond interest on any amount capitalized into the 
     loan principal.
       ``(6) Home retention options for certain reverse mortgage 
     loans.--
       ``(A) In general.--For a covered mortgage loan that is also 
     a federally insured reverse mortgage loan, the conduct of a 
     servicer shall be deemed to comply with this section, 
     provided that if the loan is eligible to be called due and 
     payable due to a property charge default, the mortgagee 
     shall, as a precondition to sending a due and payable request 
     to the Secretary or initiating or continuing a foreclosure 
     process--
       ``(i) make a good faith effort to communicate with the 
     borrower regarding available home retention options to cure 
     the property charge default, including encouraging the 
     borrower to apply for home retention options; and
       ``(ii) consider the borrower for all available home 
     retention options as allowed by the Secretary.
       ``(B) Permissible repayment plans.--The Secretary shall 
     amend the allowable home retention options of the Secretary 
     to permit a repayment plan of not more than 120 months in 
     length, and to permit a repayment plan without regard to 
     prior defaults on repayment plans.
       ``(C) Limitation on interest curtailment.--The Secretary 
     may not curtail interest paid to mortgagees who engage in 
     loss mitigation or home retention actions through interest 
     curtailment during such loss mitigation or home retention 
     review or during the period when a loss mitigation or home 
     retention plan is in effect and ending 90 days after any such 
     plan terminates.''.
       (B) Amendment to housing act of 1949.--
       (i) In general.--Section 505 of the Housing Act of 1949 (42 
     U.S.C. 1475) is amended--

       (I) by striking the section heading and inserting ``LOSS 
     MITIGATION AND FORECLOSURE PROCEDURES'';
       (II) in subsection (a), by striking the section designation 
     and all that follows through ``During any'' and inserting the 
     following:

       ``(a) Moratorium.--(1) In determining the eligibility of a 
     borrower for relief, the Secretary shall make all eligibility 
     decisions based on the household income, expenses, and 
     circumstances of the borrower.
       ``(2) During any'';

       (III) by redesignating subsection (b) as subsection (c); 
     and
       (IV) by inserting after subsection (a) the following new 
     subsection:

       ``(b) Loan Modification.--(1) Notwithstanding any other 
     provision of this title, for any loan made under section 502 
     or 504, the Secretary may modify the interest rate and extend 
     the term of such loan for up to 30 years from the date of 
     such modification.
       ``(2) At the end of any moratorium period granted under 
     this section or under this Act, the Secretary shall reset the 
     principal and interest payments of the borrower--
       ``(A) based on a reasonable assessment of the ability of 
     the household of the borrower to make principal and interest 
     payments; and

[[Page H5366]]

       ``(B) in accordance with paragraphs (1) and (2) of 
     subsection (a) and paragraphs (1) and (3) of this subsection.
       ``(3) The amount of the principal and interest payment that 
     is reset under paragraph (2) may not exceed the amount of the 
     principal and interest payment of the borrower before the 
     moratorium.''.
       (ii) Rules.--

       (I) Interim final rule.--Not later than 60 days after the 
     date of enactment of this Act, the Secretary of Agriculture 
     shall promulgate an interim final rule to carry out the 
     amendments made by this subparagraph.
       (II) Final rule.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate a final rule to carry out the amendments made by 
     this subparagraph.

       (7) Multifamily mortgage forbearance.--Section 4023 of the 
     CARES Act (15 U.S.C. 9057) is amended--
       (A) in the section heading, by striking ``with federally 
     backed loans'';
       (B) by striking ``Federally backed multifamily mortgage 
     loan'' each place that term appears and inserting 
     ``multifamily mortgage loan'';
       (C) in subsection (b), by striking ``during'' and inserting 
     ``due, directly or indirectly, to'';
       (D) in subsection (c)(1)--
       (i) in subparagraph (A), by adding ``and'' at the end; and
       (ii) by striking subparagraphs (B) and (C) and inserting 
     the following:
       ``(B) provide the forbearance for up to the end of the 
     period described in section 4024(b).'';
       (E) by redesignating subsection (f) as subsection (g);
       (F) by inserting after subsection (e) the following:
       ``(f) Treatment After Forbearance.--With respect to a 
     multifamily mortgage loan provided a forbearance under this 
     section, the servicer of such loan--
       ``(1) shall provide the borrower with not less than a 12-
     month period beginning at the end of the forbearance to 
     become current on the payments under such loan;
       ``(2) may not charge any late fees, penalties, or other 
     charges with respect to payments on the loan that were due 
     during the forbearance period, if the payments are made 
     before the end of the repayment period under paragraph (1); 
     and
       ``(3) may not report any adverse information to a credit 
     rating agency (as defined in section 603 of the Fair Credit 
     Reporting Act (12 U.S.C. 1681a)) with respect to any payments 
     on the loan that were due during the forbearance period, if 
     the payments are made before the end of the repayment period 
     under paragraph (1)).''; and
       (G) in subsection (g), as so redesignated--
       (i) in paragraph (2)--

       (I) in the paragraph heading, by striking ``FEDERALLY 
     BACKED MULTIFAMILY'' and inserting ``MULTIFAMILY'';
       (II) by striking ``that--'' and all that follows through 
     ``(A) is secured by'' and inserting ``that is secured by'';
       (III) by striking ``; and'' and inserting a period; and
       (IV) by striking subparagraph (B); and

       (ii) by amending paragraph (5) to read as follows:
       ``(5) Covered period.--The term `covered period' has the 
     meaning given the term in section 4022(a)(3).''.
       (8) Renter protections during forbearance period.--A 
     borrower that receives a forbearance pursuant to section 4022 
     or 4023 of the CARES Act (15 U.S.C. 9056, 9057) may not, for 
     the duration of the forbearance--
       (A) evict or initiate the eviction of a tenant solely for 
     nonpayment of rent or other fees or charges; or
       (B) charge any late fees, penalties, or other charges to a 
     tenant for late payment of rent.
       (9) Extension of gse patch.--
       (A) Non-applicability of existing sunset.--Section 
     1026.43(e)(4)(iii)(B) of title 12, Code of Federal 
     Regulations, shall have no force or effect.
       (B) Extended sunset.--The special rules in section 
     1026.43(e)(4) of title 12, Code of Federal Regulations, shall 
     apply to covered transactions consummated prior to June 1, 
     2022, or such later date as the Director of the Bureau of 
     Consumer Financial Protection may determine, by rule.
       (10) Servicer safe harbor from investor liability.--
       (A) Safe harbor.--
       (i) In general.--A servicer of covered mortgage loans or 
     multifamily mortgage loans--

       (I) shall be deemed not to have violated any duty or 
     contractual obligation owed to investors or other parties 
     regarding those mortgage loans on account of offering or 
     implementing in good faith forbearance during the covered 
     period or offering or implementing in good faith post-
     forbearance loss mitigation (including after the expiration 
     of the covered period) in accordance with the terms of 
     sections 4022 and 4023 of the CARES Act (15 U.S.C. 9056, 
     9057) to borrowers, respectively, on covered mortgage loans 
     or multifamily mortgage loans that the servicer services; and
       (II) shall not be liable to any party who is owed such a 
     duty or obligation or subject to any injunction, stay, or 
     other equitable relief to such party on account of such offer 
     or implementation of forbearance or post-forbearance loss 
     mitigation.

       (ii) Other persons.--Any person, including a trustee of a 
     securitization vehicle or other party involved in a 
     securitization or other investment vehicle, who in good faith 
     cooperates with a servicer of covered mortgage loans or 
     multifamily mortgage loans held by that securitization or 
     investment vehicle to comply with the terms of section 4022 
     and 4023 of the CARES Act (15 U.S.C. 9056, 9057), 
     respectively, to borrowers on covered or multifamily mortgage 
     loans owned by the securitization or other investment vehicle 
     shall not be liable to any party who is owed such a duty or 
     obligation or subject to any injunction, stay, or other 
     equitable relief to such party on account of the cooperation 
     of the servicer with an offer or implementation of 
     forbearance during the covered period or post-forbearance 
     loss mitigation, including after the expiration of the 
     covered period.
       (B) Standard industry practice.--During the covered period, 
     notwithstanding any contractual restrictions, it is deemed to 
     be standard industry practice for a servicer to offer 
     forbearance (or in the case of a reverse mortgage, an 
     extension of the due and payable period) or loss mitigation 
     options in accordance with the terms of sections 4022 and 
     4023 of the CARES Act (15 U.S.C. 9056, 9057) to borrowers, 
     respectively, on all covered mortgage loans or multifamily 
     mortgage loans serviced by the servicer.
       (C) Rule of construction.--Nothing in this paragraph may be 
     construed as affecting the liability of a servicer or other 
     person for actual fraud in the servicing of a mortgage loan 
     or for the violation of a State or Federal law.
       (D) Definitions.--In this paragraph:
       (i) Covered mortgage loan.--The term ``covered mortgage 
     loan'' has the meaning given the term in section 4022(a) of 
     the CARES Act (15 U.S.C. 9056(a)).
       (ii) Covered period.--The term ``covered period'' has the 
     meaning given the term in section 4023(g) of the CARES Act 
     (15 U.S.C. 9057(g)).
       (iii) Multifamily mortgage loan.--The term ``multifamily 
     mortgage loan'' has the meaning given the term in section 
     4023(g) of the CARES Act (15 U.S.C. 9057(g)).
       (iv) Servicer.--The term ``servicer''--

       (I) has the meaning given the term in section 6(i) of the 
     Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 
     2605(i)); and
       (II) means a master servicer and a subservicer, as those 
     terms are defined in section 1024.31 of title 12, Code of 
     Federal Regulations.

       (v) Securitization vehicle.--The term ``securitization 
     vehicle'' has the meaning given that term in section 129A(f) 
     of the Truth in Lending Act (15 U.S.C. 1639a(f)).
       (c) Amendments to National Housing Act.--Section 306(g)(1) 
     of the National Housing Act (12 U.S.C. 1721(g)(1)) is 
     amended--
       (1) in the fifth sentence, by inserting after ``issued'' 
     the following: ``, subject to any pledge or grant of security 
     interest of the Federal Reserve under section 4003(b)(4) of 
     the CARES Act (15 U.S.C. 9042(b)(4))) related to any such 
     mortgage or mortgages or any interest therein and the 
     proceeds thereon, which the Association may elect to 
     approve''; and
       (2) in the sixth sentence--
       (A) by striking ``or (C)'' and inserting ``(C)''; and
       (B) by inserting before the period the following: ``, or 
     (D) its approval and honoring of any pledge or grant of 
     security interest of the Federal Reserve under section 
     4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)) related to 
     any such mortgage or mortgages or any interest therein and 
     proceeds thereon''.

     SEC. 204. PROMOTING ACCESS TO CREDIT FOR HOMEBUYERS.

       (a) Fannie Mae and Freddie Mac.--
       (1) Purchase requirements.--During the period that begins 5 
     days after the date of the enactment of this Act and ends 60 
     days after the expiration of the covered period with respect 
     to the mortgage, notwithstanding any other provision of law, 
     an enterprise may not refuse to purchase any single-family 
     mortgage originated on or after February 1, 2020, that 
     otherwise would have been eligible for purchase by such 
     enterprise, solely due to the fact that the borrower has, for 
     the borrower's previous mortgage or on the mortgage being 
     purchased--
       (A) entered into forbearance as a result of a financial 
     hardship due, directly or indirectly, to the COVID-19 
     emergency;
       (B) requested forbearance as a result of a financial 
     hardship due, directly or indirectly, to the COVID-19 
     emergency; or
       (C) inquired as to options related to forbearance as a 
     result of a financial hardship due, directly or indirectly, 
     to the COVID-19 emergency.
       (2) Prohibition on restrictions.--With respect to purchase 
     of single-family mortgages described in paragraph (1) and 
     specified in any of subparagraphs (A) through (C) of such 
     paragraph, an enterprise may not--
       (A) establish additional restrictions that are not 
     applicable to similarly situated mortgages under which the 
     borrower is not in forbearance;
       (B) charge a higher guarantee fee (within the meaning 
     provided such term in section 1327 of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 4547)), or loan 
     level pricing adjustment, or otherwise alter pricing for such 
     mortgages, relative to similarly situated mortgages under 
     which the borrower is not in forbearance;
       (C) apply repurchase requirements to such mortgages that 
     are more restrictive than repurchase requirements applicable 
     to similarly situated mortgages under which the borrower is 
     not in forbearance; or
       (D) require lender indemnification of such mortgages, 
     solely due to the fact that the borrower is in forbearance.
       (3) Fraud detection.--This subsection may not be construed 
     to prevent an enterprise from conducting oversight and review 
     of single-family mortgages purchased when a borrower is in 
     forbearance on the borrower's previous mortgage, or on the 
     mortgage being purchased, for purposes of detecting fraud. An 
     enterprise shall report any fraud detected to the Director of 
     the Federal Housing Finance Agency.
       (4) Enterprise capital.--During the period that begins 5 
     days after the date of the enactment of this Act and ends 60 
     days after the expiration of the covered period with respect 
     to a mortgage, notwithstanding any other provision of law, a 
     forbearance on such mortgage shall

[[Page H5367]]

     not be considered to be a delinquency under such mortgage for 
     purposes of calculating capital of an enterprise for any 
     purpose under title XIII of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 4501 et seq.).
       (5) Rules of construction.--
       (A) Purchase parameters.--This subsection may not be 
     construed to require an enterprise to purchase single-family 
     mortgages that do not meet existing or amended purchase 
     parameters, other than parameters related to borrower 
     forbearance, established by such enterprise.
       (B) Employment; income.--This subsection may not be 
     construed to prevent an enterprise from establishing 
     additional requirements to ensure that a borrower has not 
     lost their job or income prior to a mortgage closing.
       (6) Implementation.--The Director may issue any guidance, 
     orders, and regulations necessary to carry out this 
     subsection.
       (b) FHA.--
       (1) Prohibition on restrictions.--During the period that 
     begins 5 days after the date of the enactment of this Act and 
     ends 60 days after the expiration of the covered period with 
     respect to the mortgage, notwithstanding any other provision 
     of law, the Secretary of Housing and Urban Development may 
     not deny the provision of mortgage insurance for a single-
     family mortgage originated on or after February 1, 2020, may 
     not implement additional premiums or otherwise alter pricing 
     for such a mortgage, may not require mortgagee 
     indemnification, and may not establish additional 
     restrictions on such a mortgagor, solely due to the fact that 
     the borrower has--
       (A) entered into forbearance as a result of a financial 
     hardship due, directly or indirectly, to the COVID-19 
     emergency;
       (B) requested forbearance as a result of a financial 
     hardship due, directly or indirectly, to the COVID-19 
     emergency; or
       (C) inquired as to options related to forbearance as a 
     result of a financial hardship due, directly or indirectly, 
     to the COVID-19 emergency.
       (2) Rules of construction.--
       (A) Insurance.--This subsection may not be construed to 
     require the Secretary of Housing and Urban Development to 
     provide insurance on single-family mortgages that do not meet 
     existing or amended insurance parameters, other than 
     parameters related to borrower forbearance, established by 
     the Secretary.
       (B) Employment; income.--This subsection may not be 
     construed to prevent the Secretary of Housing and Urban 
     Development from establishing additional requirements 
     regarding insurance on single-family mortgages to ensure that 
     a borrower has not lost their job or income prior to a 
     mortgage closing.
       (c) Reporting Requirements.--
       (1) FHFA actions.--During the COVID-19 emergency, the 
     Director may not increase guarantee fees, loan level pricing 
     adjustments, or any other fees or implement any restrictions 
     on access to credit unless the Director provides 48-hour 
     advance notice of such increase or restrictions to the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate together with a detailed report 
     of the policy rationale for the decision, including any and 
     all data considered in making such decision.
       (2) Quarterly reports by enterprises and fha.--
       (A) Requirement.--Each enterprise and the Secretary of 
     Housing and Urban Development, with respect to the FHA 
     mortgage insurance programs, shall provide reports to the 
     Congress, and make such reports publicly available, not less 
     frequently than quarterly regarding the impact of COVID-19 
     pandemic on the such enterprises' and program's ability to 
     meet their charter requirements, civil rights 
     responsibilities, mandates under the CARES Act (Public Law 
     116-136), and other laws enacted in response to the COVID-19 
     pandemic, and other requirements under law. The first such 
     report shall be submitted not later than the expiration of 
     the 3-month period beginning upon the date of the enactment 
     of this Act and the requirement under this subparagraph to 
     submit such reports shall terminate upon the expiration of 
     the 2-year period beginning upon the termination of the 
     COVID-19 emergency.
       (B) Content.--Each report required under subparagraph (A) 
     shall include the following information for the most recent 
     quarter for which data is available:
       (i) Enterprises.--For each report required by an 
     enterprise:

       (I) The number of single-family and multi-family 
     residential mortgage loans purchased by the enterprise and 
     the unpaid principal balance of such mortgage loans 
     purchased, disaggregated by--

       (aa) mortgage loans made to low- and moderate-income 
     borrowers;
       (bb) mortgage loans made for properties in low- and 
     moderate-income census tracts; and
       (cc) mortgage loans made for properties in central cities, 
     rural areas, and underserved areas.

       (II) In the single-family residential mortgage market--

       (aa) the total number, unpaid principal balance, and length 
     of forbearances provided to borrowers, including whether or 
     not the forbearance was requested by the borrower;
       (bb) a detailed breakdown of the loan modifications offered 
     to borrowers and whether the borrowers accepted the offer 
     including the total number and unpaid principal balance of 
     loan modifications ultimately made to borrowers;
       (cc) a detailed breakdown of the home retention options 
     offered to borrowers and whether the borrowers accepted the 
     offer, including the total number and unpaid principal 
     balance of other home retention options ultimately made to 
     borrowers; and
       (dd) the total number of outcomes that included short-
     sales, deed-in-lieu of foreclosure, and foreclosure sales.

       (III) A description of any efforts by the enterprise to 
     provide assistance and support to consumers who are not 
     proficient in English.
       (IV) A description of any other efforts by the enterprise 
     to provide assistance to low- and moderate-income 
     communities, central cities, rural areas, and other 
     underserved areas, such as financial literacy and education 
     or support of fair housing and housing counseling agencies.
       (V) A description of any other assistance provided by the 
     enterprise to consumers in response to the COVID-19 pandemic.

       (ii) FHA.--For each report required with respect to the FHA 
     mortgage insurance programs:

       (I) The number and unpaid principal balance for all 
     residential mortgage loans, disaggregated by type, insured 
     under such programs.
       (II) The total number, unpaid principal balance, and length 
     of forbearances provided to borrowers, including whether or 
     not the forbearance was requested by the borrower.
       (III) A detailed breakdown of the loan modifications 
     offered to borrowers and whether the borrowers accepted the 
     offer including the total number and unpaid principal balance 
     of loan modifications ultimately made to borrowers.
       (IV) A detailed breakdown of the home retention options 
     offered to borrowers and whether the borrowers accepted the 
     offer including the total number and unpaid principal balance 
     of other home retention options ultimately made to borrowers.
       (V) A description of any efforts under such programs to 
     provide assistance and support to consumers who are not 
     proficient in English.
       (VI) A description of any other efforts under such programs 
     to provide assistance to low- and moderate-income 
     communities, central cities, rural areas, and other 
     underserved areas, such as financial literacy and education 
     or support of fair housing and housing counseling agencies.
       (VII) A description of any other assistance provided under 
     such programs to consumers in response to the COVID-19 
     pandemic.

       (iii) Provisions to be included in all reports.--Each 
     report required under subparagraph (A) shall include, to the 
     degree reasonably possible, the following information:

       (I) An analysis of all loan level data required by clauses 
     (i) and (ii) of this subparagraph disaggregated by race, 
     national origin, gender, disability status, whether or not 
     the borrower seeking or obtaining assistance speaks English 
     as a second language, the preferred language of the borrower, 
     debt-to-income level of the borrower, loan-to-value ratio of 
     the loan, and credit score of the borrower.
       (II) A geographical analysis at the census tract level, but 
     if information is not available at the census tract level for 
     any of the items required by clauses (i) and (ii), the 
     geographical analysis shall be provided at the zip code level 
     for the item for which a census tract analysis was not 
     possible.
       (III) A description of any policy changes made by the 
     enterprise or Secretary of Housing and Urban Development, as 
     appropriate, in response to the COVID-19 pandemic and 
     analysis of actions taken to ensure that such policy changes 
     were in compliance with all relevant civil rights 
     responsibilities, including the Fair Housing Act, including 
     the Affirmatively Furthering Fair Housing provision, the 
     Equal Credit Opportunity Act, the Community Reinvestment Act 
     of 1977, the Federal Housing Enterprises Financial Safety and 
     Soundness Act of 1992, the Housing and Economic Recovery Act 
     of 2008, Federal Home Loan Bank Act, Executive Orders 11063 
     and 12892, the Federal National Mortgage Association Charter 
     Act, and the Federal Home Loan Mortgage Corporation Act.

       (3) Report by gao.--Not later than the expiration of the 
     120-day period that begins upon the termination of the COVID-
     19 emergency, the Comptroller General of the United States 
     shall submit to the Congress and make public available a 
     report on--
       (A) the extent to which the enterprises and the FHA 
     mortgage insurance programs provided loan products, 
     forbearances, loan modifications, and COVID-19-related 
     assistance to consumers;
       (B) the availability and type of any such assistance 
     provided post-forbearance; and
       (C) the overall ability of the enterprises and the FHA 
     mortgage insurance programs to successfully meet their 
     charter requirements, civil rights responsibilities, and 
     other requirements under law.
       (d) Definitions.--For purposes of this Act, the following 
     definitions shall apply:
       (1) Covered period.--The term ``covered period'' means, 
     with respect to a federally backed mortgage loan, the period 
     of time during which the borrower under such loan may request 
     forbearance on the loan under section 4022(b) of the CARES 
     Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490).
       (2) COVID-19 emergency.--The term ``COVID-19 emergency'' 
     has the meaning given such term in section 4022 of the CARES 
     Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490).
       (3) Director.--The term ``Director'' means the Director of 
     the Federal Housing Finance Agency.
       (4) Enterprise.--The term ``enterprise'' has the meaning 
     given such term in section 1303 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 4502).

     SEC. 205. LIQUIDITY FOR MORTGAGE SERVICERS AND RESIDENTIAL 
                   RENTAL PROPERTY OWNERS.

       (a) In General.--Section 4003 of the CARES Act (15 U.S.C. 
     9042), is amended by adding at the end the following:
       ``(i) Liquidity for mortgage servicers.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall ensure that servicers of covered mortgage loans (as 
     defined under section

[[Page H5368]]

     4022) and multifamily mortgage loans (as defined under 
     section 4023) are provided the opportunity to participate in 
     the loans, loan guarantees, or other investments made by the 
     Secretary under this section. The Secretary shall ensure that 
     servicers are provided with access to such opportunities 
     under equitable terms and conditions regardless of their 
     size.
       ``(2) Mortgage servicer eligibility.--In order to receive 
     assistance under subsection (b)(4), a mortgage servicer 
     shall--
       ``(A) demonstrate that the mortgage servicer has 
     established policies and procedures to use such funds only to 
     replace funds used for borrower assistance, including to 
     advance funds as a result of forbearance or other loss 
     mitigation provided to borrowers;
       ``(B) demonstrate that the mortgage servicer has 
     established policies and procedures to provide forbearance, 
     post-forbearance loss mitigation, and other assistance to 
     borrowers in compliance with the terms of section 4022 or 
     4023, as applicable;
       ``(C) demonstrate that the mortgage servicer has 
     established policies and procedures to ensure that 
     forbearance and post-forbearance assistance is available to 
     all borrowers in a non-discriminatory fashion and in 
     compliance with the Fair Housing Act, the Equal Credit 
     Opportunity Act, and other applicable fair housing and fair 
     lending laws; and
       ``(D) comply with the limitations on compensation set forth 
     in section 4004.
       ``(3) Mortgage servicer requirements.--A mortgage servicer 
     receiving assistance under subsection (b)(4) may not, while 
     the servicer is under any obligation to repay funds provided 
     or guaranteed under this section--
       ``(A) pay dividends with respect to the common stock of the 
     mortgage servicer or purchase an equity security of the 
     mortgage servicer or any parent company of the mortgage 
     servicer if the security is listed on a national securities 
     exchange, except to the extent required under a contractual 
     obligation that is in effect on the date of enactment of this 
     subsection; or
       ``(B) prepay any debt obligation.''.
       (b) Credit Facility for Residential Rental Property 
     Owners.--
       (1) In general.--The Board of Governors of the Federal 
     Reserve System shall--
       (A) establish a facility, using amounts made available 
     under section 4003(b)(4) of the CARES Act (15 U.S.C. 
     9042(b)(4)), to make long-term, low-cost loans to residential 
     rental property owners as to temporarily compensate such 
     owners for documented financial losses caused by reductions 
     in rent payments; and
       (B) defer such owners' required payments on such loans 
     until after six months after the date of enactment of this 
     Act.
       (2) Requirements.--A borrower that receives a loan under 
     this subsection may not, for the duration of the loan--
       (A) evict or initiate the eviction of a tenant solely for 
     nonpayment of rent or other fees or charges;
       (B) charge any late fees, penalties, or other charges to a 
     tenant for late payment of rent; and
       (C) with respect to a person or entity described under 
     paragraph (4), discriminate on the basis of source of income.
       (3) Report on residential rental property owners.--The 
     Board of Governors shall issue reports to the Congress on a 
     monthly basis containing the following, with respect to each 
     property owner receiving a loan under this subsection:
       (A) The number of borrowers that received assistance under 
     this subsection.
       (B) The average total loan amount that each borrower 
     received.
       (C) The total number of rental units that each borrower 
     owned.
       (D) The average rent charged by each borrower.
       (4) Report on large residential rental property owners.--
     The Board of Governors shall issue reports to the Congress on 
     a monthly basis that identify any person or entity that in 
     aggregate owns or holds a controlling interest in any entity 
     that, in aggregate, owns--
       (A) more than 100 rental units that are located within in a 
     single Metropolitan Statistical Area;
       (B) more than 1,000 rental units nationwide; or
       (C) rental units in three or more States.
       (c) Amendments to National Housing Act.--Section 306(g)(1) 
     of the National Housing Act (12 U.S.C. 1721(a)) is amended--
       (1) in the fifth sentence, by inserting after ``issued'' 
     the following: ``, subject to any pledge or grant of security 
     interest of the Federal Reserve under section 4003(a) of the 
     CARES Act (Public Law 116-136; 134 Stat. 470; 15 U.S.C. 
     9042(a)) and to any such mortgage or mortgages or any 
     interest therein and the proceeds thereon, which the 
     Association may elect to approve''; and
       (2) in the sixth sentence--
       (A) by striking ``or (C)'' and inserting ``(C)''; and
       (B) by inserting before the period the following: ``, or 
     (D) its approval and honoring of any pledge or grant of 
     security interest of the Federal Reserve under section 
     4003(a) of the CARES Act and to any such mortgage or 
     mortgages or any interest therein and proceeds thereon as''.

     SEC. 206. SUPPLEMENTAL FUNDING FOR SUPPORTIVE HOUSING FOR THE 
                   ELDERLY AND PERSONS WITH DISABILITIES.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated $500,000,000 for fiscal year 2021 for 
     additional assistance for supportive housing for the elderly, 
     of which--
       (1) $200,000,000 shall be for rental assistance under 
     section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) or 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f), as appropriate, and for hiring additional staff and 
     for services and costs, including acquiring personal 
     protective equipment, to prevent, prepare for, or respond to 
     the public health emergency relating to Coronavirus Disease 
     2019 (COVID-19) pandemic; and
       (2) $300,000,000 shall be for grants under section 676 of 
     the Housing and Community Development Act of 1992 (42 U.S.C. 
     13632) for costs of providing service coordinators for 
     purposes of coordinating services to prevent, prepare for, or 
     respond to the public health emergency relating to 
     Coronavirus Disease 2019 (COVID-19).
     Any provisions of, and waivers and alternative requirements 
     issued by the Secretary pursuant to, the heading ``Department 
     of Housing and Urban Development--Housing Programs--Housing 
     for the Elderly'' in title XII of division B of the CARES Act 
     (Public Law 116-136) shall apply with respect to amounts made 
     available pursuant to this subsection.
       (b) Eligibility of Supportive Housing for Persons With 
     Disabilities.--Subsection (a) of section 676 of the Housing 
     and Community Development Act of 1992 (42 U.S.C. 13632(a)) 
     shall be applied, for purposes of subsection (a) of this 
     section, by substituting ``(G), and (H)'' for `` and (G)''.
       (c) Service Coordinators.--
       (1) Hiring.--In the hiring of staff using amounts made 
     available pursuant to this section for costs of providing 
     service coordinators, grantees shall consider and hire, at 
     all levels of employment and to the greatest extent possible, 
     a diverse staff, including by race, ethnicity, gender, and 
     disability status. Each grantee shall submit a report to the 
     Secretary of Housing and Urban Development describing 
     compliance with the preceding sentence not later than the 
     expiration of the 120-day period that begins upon the 
     termination of the emergency declared on March 13, 2020, by 
     the President under the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 4121 et seq.) 
     relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
       (2) One-time grants.--Grants made using amounts made 
     available pursuant to subsection (a) for costs of providing 
     service coordinators shall not be renewable.
       (3) One-year availability.--Any amounts made available 
     pursuant to this section for costs of providing service 
     coordinators that are allocated for a grantee and remain 
     unexpended upon the expiration of the 12-month period 
     beginning upon such allocation shall be recaptured by the 
     Secretary.

     SEC. 207. FAIR HOUSING.

       (a) Definition of Covid-19 Emergency Period.--For purposes 
     of this Act, the term ``COVID-19 emergency period'' means the 
     period that begins upon the date of the enactment of this Act 
     and ends upon the date of the termination by the Federal 
     Emergency Management Agency of the emergency declared on 
     March 13, 2020, by the President under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 
     et seq.) relating to the Coronavirus Disease 2019 (COVID-19) 
     pandemic.
       (b) Fair Housing Activities.--
       (1) Authorization of appropriations.--To ensure existing 
     grantees have sufficient resource for fair housing activities 
     and for technology and equipment needs to deliver services 
     through use of the Internet or other electronic or virtual 
     means in response to the public health emergency related to 
     the Coronavirus Disease 2019 (COVID-19) pandemic, there is 
     authorized to be appropriated $4,000,000 for Fair Housing 
     Organization Initiative grants through the Fair Housing 
     Initiatives Program under section 561 of the Housing and 
     Community Development Act of 1987 (42 U.S.C. 3616a).
       (2) 3-year availability.--Any amounts made available 
     pursuant paragraph (1) that are allocated for a grantee and 
     remain unexpended upon the expiration of the 3-year period 
     beginning upon such allocation shall be recaptured by the 
     Secretary.
       (c) Fair Housing Education.--There is authorized to be 
     appropriated $10,000,000 for the Office of Fair Housing and 
     Equal Opportunity of the Department of Housing and Urban 
     Development to carry out a national media campaign and local 
     education and outreach to educate the public of increased 
     housing rights during COVID-19 emergency period, that 
     provides that information and materials used in such campaign 
     are available--
       (1) in the languages used by communities with limited 
     English proficiency; and
       (2) to persons with disabilities.

         TITLE III--PROTECTING PEOPLE EXPERIENCING HOMELESSNESS

     SEC. 301. HOMELESS ASSISTANCE FUNDING.

       (a) Emergency Homeless Assistance.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated under the Emergency Solutions Grants 
     program under subtitle B of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11371 et seq.) 
     $5,000,000,000 for grants under such subtitle in accordance 
     with this subsection to respond to needs arising from the 
     public health emergency relating to Coronavirus Disease 2019 
     (COVID-19).
       (2) Formula.--Notwithstanding sections 413 and 414 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11372, 
     11373), the Secretary of Housing and Urban Development (in 
     this Act referred to as the ``Secretary'') shall allocate any 
     amounts remaining after amounts are allocated pursuant to 
     paragraph (1) in accordance with a formula to be established 
     by the Secretary that takes into consideration the following 
     factors:
       (A) Risk of transmission of coronavirus in a jurisdiction.
       (B) Whether a jurisdiction has a high number or rate of 
     sheltered and unsheltered homeless individuals and families.

[[Page H5369]]

       (C) Economic and housing market conditions in a 
     jurisdiction.
       (3) Eligible activities.--In addition to eligible 
     activities under section 415(a) of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11374(a), amounts made 
     available pursuant to paragraph (1) may also be used for 
     costs of the following activities:
       (A) Providing training on infectious disease prevention and 
     mitigation.
       (B) Providing hazard pay, including for time worked before 
     the effectiveness of this subparagraph, for staff working 
     directly to prevent and mitigate the spread of coronavirus or 
     COVID-19 among people experiencing or at risk of 
     homelessness.
       (C) Reimbursement of costs for eligible activities 
     (including activities described in this paragraph) relating 
     to preventing, preparing for, or responding to the 
     coronavirus or COVID-19 that were accrued before the date of 
     the enactment of this Act.
       (D) Notwithstanding 24 C.F.R. 576.102(a)(3), providing a 
     hotel or motel voucher for a homeless individual or family.
     Use of such amounts for activities described in this 
     paragraph shall not be considered use for administrative 
     purposes for purposes of section 418 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11377).
       (4) Inapplicability of procurement standards.--To the 
     extent amounts made available pursuant to paragraph (1) are 
     used to procure goods and services relating to activities to 
     prevent, prepare for, or respond to the coronavirus or COVID-
     19, the standards and requirements regarding procurement that 
     are otherwise applicable shall not apply.
       (5) Inapplicability of habitability and environmental 
     review standards.--Any Federal standards and requirements 
     regarding habitability and environmental review shall not 
     apply with respect to any emergency shelter that is assisted 
     with amounts made available pursuant to paragraph (1) and has 
     been determined by a State or local health official, in 
     accordance with such requirements as the Secretary shall 
     establish, to be necessary to prevent and mitigate the spread 
     of coronavirus or COVID-19, such shelters.
       (6) Inapplicability of cap on emergency shelter 
     activities.--Subsection (b) of section 415 of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11374) shall not 
     apply to any amounts made available pursuant to paragraph (1) 
     of this subsection.
       (7) Initial allocation of assistance.--Section 417(b) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11376(b)) shall be applied with respect to amounts made 
     available pursuant to paragraph (1) of this subsection by 
     substituting ``30-day'' for ``60-day''.
       (8) Waivers and alternative requirements.--
       (A) Authority.--In administering amounts made available 
     pursuant to paragraph (1), the Secretary may waive, or 
     specify alternative requirements for, any provision of any 
     statute or regulation (except for any requirements related to 
     fair housing, nondiscrimination, labor standards, and the 
     environment) that the Secretary administers in connection 
     with the obligation or use by the recipient of such amounts, 
     if the Secretary finds that good cause exists for the waiver 
     or alternative requirement and such waiver or alternative 
     requirement is consistent with the purposes described in this 
     subsection.
       (B) Notification.--The Secretary shall notify the public 
     through the Federal Register or other appropriate means 5 
     days before the effective date of any such waiver or 
     alternative requirement, and any such public notice may be 
     provided on the Internet at the appropriate Government web 
     site or through other electronic media, as determined by the 
     Secretary.
       (C) Exemption.--The use of amounts made available pursuant 
     to paragraph (1) shall not be subject to the consultation, 
     citizen participation, or match requirements that otherwise 
     apply to the Emergency Solutions Grants program, except that 
     a recipient shall publish how it has and will utilize its 
     allocation at a minimum on the Internet at the appropriate 
     Government web site or through other electronic media.
       (9) Inapplicability of matching requirement.--Subsection 
     (a) of section 416 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11375(a)) shall not apply to any amounts made 
     available pursuant to paragraph (1) of this subsection.
       (10) Prohibition on prerequisites.--None of the funds 
     authorized under this subsection may be used to require 
     people experiencing homelessness to receive treatment or 
     perform any other prerequisite activities as a condition for 
     receiving shelter, housing, or other services.
       (b) Renewal of Continuum of Care Projects.--
       (1) In general.--In allocating and awarding amounts 
     provided for the Continuum of Care program under subtitle C 
     of title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11381 et seq.), the Secretary of Housing and Urban 
     Development shall renew for one 12-month period, without 
     additional competition, all projects with existing grants 
     expiring during calendar year 2021, including shelter plus 
     care projects expiring during calendar year 2021, 
     notwithstanding any inconsistent provisions in subtitle C of 
     title IV of the McKinney-Vento Homeless Assistance Act or any 
     other Act.
       (2) Planning and unified funding agency awards.--Continuum 
     of Care planning and unified funding agency awards expiring 
     in calendar year 2021 may also be renewed and the continuum 
     of care may designate a new collaborative applicant to 
     receive the award in accordance with the existing process 
     established by the Secretary of Housing and Urban 
     Development.
       (3) Notice.--The Secretary of Housing and Urban Development 
     shall publish a notice that identifies and lists all projects 
     and awards eligible for such noncompetitive renewal, 
     prescribes the format and process by which the projects and 
     awards from the list will be renewed, makes adjustments to 
     the renewal amount based on changes to the fair market rent, 
     and establishes a maximum amount for the renewal of planning 
     and unified funding agency awards notwithstanding the 
     requirement that such maximum amount be established in a 
     notice of funding availability.
       (4) Youth homeless demonstration projects and domestic 
     violence bonus projects.-- Subsection (a) shall not apply to 
     youth homeless demonstration projects and domestic violence 
     bonus projects under the Continuum of Care program.
       (c) Housing Trust Fund.--Notwithstanding any other 
     provision of law, subparagraph (B) of section 1338(c)(10) of 
     the Housing and Community Development Act of 1992 (12 U.S.C. 
     4568(c)(10)(B)), and any regulations implementing such 
     subparagraph, shall not apply during the 12-month period 
     beginning upon the date of the enactment of this Act.

   TITLE IV--SUSPENDING NEGATIVE CREDIT REPORTING AND STRENGTHENING 
                   CONSUMER AND INVESTOR PROTECTIONS

     SEC. 401. REPORTING OF INFORMATION DURING MAJOR DISASTERS.

       (a) In General.--The CARES Act (Public Law 116-136) is 
     amended by striking section 4021 and inserting the following:

     ``SEC. 4021. REPORTING OF INFORMATION DURING MAJOR DISASTERS.

       ``(a) Purpose.--The purpose of this section, and the 
     amendments made by this section, is to protect consumers' 
     credit from negative impacts as a result of financial 
     hardship due to the coronavirus disease (COVID-19) outbreak 
     and future major disasters.
       ``(b) Reporting of Information During Major Disasters.--
       ``(1) In general.--The Fair Credit Reporting Act is amended 
     by inserting after section 605B the following:

     `` `Sec. 605C. Reporting of information during major 
       disasters

       `` `(a) Definitions.--In this section:
       `` `(1) Consumer.--With respect to a covered period, the 
     term ``consumer'' shall only include a consumer who is a 
     resident of the affected area covered by the applicable 
     disaster or emergency declaration.
       `` `(2) Covered major disaster period.--The term ``covered 
     major disaster period'' means the period--
       `` `(A) beginning on the date on which a major disaster is 
     declared by the President under--
       `` `(i) section 401 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170), under 
     which assistance is authorized under section 408 of such Act 
     (42 U.S.C. 5174); or
       `` `(ii) section 501 of such Act; and
       `` `(B) ending on the date that is 120 days after the end 
     of the incident period for such disaster.
       `` `(3) Covered period.--The term ``covered period'' means 
     the COVID-19 emergency period or a covered major disaster 
     period.
       `` `(4) COVID-19 emergency period.--The term ``COVID-19 
     emergency period'' means the period beginning on March 13, 
     2020 (the date the President declared the emergency under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to 
     the Coronavirus Disease 2019 (COVID-19) pandemic) and ending 
     on the later of--
       `` `(A) 120 days after the date of enactment of this 
     section; or
       `` `(B) 120 days after the end of the incident period for 
     such emergency.
       `` `(5) Major disaster.--The term ``major disaster'' means 
     a major disaster declared by the President under--
       `` `(A) section 401 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170), under 
     which assistance is authorized under section 408 of such Act 
     (42 U.S.C. 5174); or
       `` `(B) section 501 of such Act.
       `` `(b) Moratorium on Furnishing Adverse Information During 
     Covered Period.--No person may furnish any adverse item of 
     information (except information related to a felony criminal 
     conviction) relating to a consumer that was the result of any 
     action or inaction that occurred during a covered period.
       `` `(c) Information Excluded From Consumer Reports.--In 
     addition to the information described in section 605(a), no 
     consumer reporting agency may make any consumer report 
     containing an adverse item of information (except information 
     related to a felony criminal conviction) relating to a 
     consumer that was the result of any action or inaction that 
     occurred during a covered period.
       `` `(d) Summary of Rights.--Not later than 60 days after 
     the date of enactment of this section, the Director of the 
     Bureau shall update the model summary of rights under section 
     609(c)(1) to include a description of the right of a consumer 
     to--
       `` `(1) request the deletion of adverse items of 
     information under subsection (e); and
       `` `(2) request a consumer report or score, without charge 
     to the consumer, under subsection (f).
       `` `(e) Deletion of Adverse Items of Information Resulting 
     From the Coronavirus Disease (COVID-19) Outbreak and Major 
     Disasters.--
       `` `(1) Reporting.--
       `` `(A) In general.--Not later than 60 days after the date 
     of enactment of this subsection, the Director of the Bureau 
     shall create a website for consumers to report, under penalty 
     of perjury, economic hardship as a result of the coronavirus 
     disease (COVID-19) outbreak or a

[[Page H5370]]

     major disaster for the purpose of providing credit report 
     protections under this subsection.
       `` `(B) Documentation.--The Director of the Bureau shall--
       `` `(i) not require any documentation from a consumer to 
     substantiate the economic hardship; and
       `` `(ii) provide notice to the consumer that a report under 
     subparagraph (A) is under penalty of perjury.
       `` `(C) Reporting period.--A consumer may report economic 
     hardship under subparagraph (A) during a covered period and 
     for 60 days thereafter.
       `` `(2) Database.--The Director of the Bureau shall 
     establish and maintain a secure database that--
       `` `(A) is accessible to each consumer reporting agency 
     described in section 603(p) and nationwide specialty consumer 
     reporting agency for purposes of fulfilling their duties 
     under paragraph (3) to check and automatically delete any 
     adverse item of information (except information related to a 
     felony criminal conviction) reported that occurred during a 
     covered period with respect to a consumer; and
       `` `(B) contains the information reported under paragraph 
     (1).
       `` `(3) Deletion of adverse items of information by 
     nationwide consumer reporting and nationwide specialty 
     consumer reporting agencies.--
       `` `(A) In general.--Each consumer reporting agency 
     described in section 603(p) and each nationwide specialty 
     consumer reporting agency shall, using the information 
     contained in the database established under paragraph (2), 
     delete from the file of each consumer named in the database 
     each adverse item of information (except information related 
     to a felony criminal conviction) that was a result of an 
     action or inaction that occurred during a covered period or 
     in the 270-day period following the end of a covered period.
       `` `(B) Timeline.--Each consumer reporting agency described 
     in section 603(p) and each nationwide specialty consumer 
     reporting agency shall check the database at least weekly and 
     delete adverse items of information as soon as practicable 
     after information that is reported under paragraph (1) 
     appears in the database established under paragraph (2).
       `` `(4) Request for deletion of adverse items of 
     information.--
       `` `(A) In general.--A consumer who has filed a report of 
     economic hardship with the Bureau may submit a request, 
     without charge to the consumer, to a consumer reporting 
     agency described in section 603(p) or nationwide specialty 
     consumer reporting agency to delete from the consumer's file 
     an adverse item of information (except information related to 
     a felony criminal conviction) that was a result of an action 
     or inaction that occurred during a covered period or in the 
     270-day period following the end of a covered period.
       `` `(B) Timing.--A consumer may submit a request under 
     subparagraph (A), not later than the end of the 270-day 
     period described in that subparagraph.
       `` `(C) Removal and notification.--Upon receiving a request 
     under this paragraph to delete an adverse item of 
     information, a consumer reporting agency described in section 
     603(p) or nationwide specialty consumer reporting agency 
     shall--
       `` `(i) delete the adverse item of information (except 
     information related to a felony criminal conviction) from the 
     consumer's file; and
       `` `(ii) notify the consumer and the furnisher of the 
     adverse item of information of the deletion.
       `` `(f) Free Credit Report and Scores.--
       `` `(1) In general.--During the period between the 
     beginning of a covered period and ending 12-months after the 
     end of the covered period, each consumer reporting agency 
     described under section 603(p) and each nationwide specialty 
     consumer reporting agency shall make all disclosures 
     described under section 609 upon request by a consumer, by 
     mail or online, without charge to the consumer and without 
     limitation as to the number of requests. Such a consumer 
     reporting agency shall also supply a consumer, upon request 
     and without charge, with a credit score that--
       `` `(A) is derived from a credit scoring model that is 
     widely distributed to users by the consumer reporting agency 
     for the purpose of any extension of credit or other 
     transaction designated by the consumer who is requesting the 
     credit score; or
       `` `(B) is widely distributed to lenders of common consumer 
     loan products and predicts the future credit behavior of a 
     consumer.
       `` `(2) Timing.--A file disclosure or credit score under 
     paragraph (1) shall be provided to the consumer not later 
     than--
       `` `(A) 7 days after the date on which the request is 
     received if the request is made by mail; and
       `` `(B) not later than 15 minutes if the request is made 
     online.
       `` `(3) Additional reports.--A file disclosure provided 
     under paragraph (1) shall be in addition to any disclosure 
     requested by the consumer under section 612(a).
       `` `(4) Prohibition.--A consumer reporting agency that 
     receives a request under paragraph (1) may not request or 
     require any documentation from the consumer that demonstrates 
     that the consumer was impacted by the coronavirus disease 
     (COVID-19) outbreak or a major disaster (except to verify 
     that the consumer is a resident of the affected area covered 
     by the applicable disaster or emergency declaration) as a 
     condition of receiving the file disclosure or score.
       `` `(g) Posting of Rights.--Not later than 30 days after 
     the date of enactment of this section, each consumer 
     reporting agency described under section 603(p) and each 
     nationwide specialty consumer reporting agency shall 
     prominently post and maintain a direct link on the homepage 
     of the public website of the consumer reporting agency 
     information relating to the right of consumers to--
       `` `(1) request the deletion of adverse items of 
     information (except information related to a felony criminal 
     conviction) under subsection (e); and
       `` `(2) request consumer file disclosures and scores, 
     without charge to the consumer, under subsection (f).
       `` `(h) Ban on Reporting Medical Debt Information Related 
     to COVID-19 or a Major Disaster.--
       `` `(1) Furnishing ban.--No person shall furnish adverse 
     information to a consumer reporting agency related to medical 
     debt if such medical debt is with respect to medical expenses 
     related to treatments arising from COVID-19 or a major 
     disaster (whether or not the expenses were incurred during a 
     covered period).
       `` `(2) Consumer report ban.--No consumer reporting agency 
     may make a consumer report containing adverse information 
     related to medical debt if such medical debt is with respect 
     to medical expenses related to treatments arising from COVID-
     19 or a major disaster (whether or not the expenses were 
     incurred during a covered period).
       `` `(i) Credit Scoring Models.--A person that creates and 
     implements credit scoring models may not treat the absence, 
     omission, or deletion of any information pursuant to this 
     section as a negative factor or negative value in credit 
     scoring models created or implemented by such person.'.
       ``(2) Technical and conforming amendment.--The table of 
     contents for the Fair Credit Reporting Act is amended by 
     inserting after the item relating to section 605B the 
     following:

`` `605C. Reporting of information during major disasters.'.

     ``SEC. 4021A. LIMITATIONS ON NEW CREDIT SCORING MODELS DURING 
                   THE COVID-19 EMERGENCY AND MAJOR DISASTERS.

       ``The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is 
     amended--
       ``(1) by adding at the end the following:

     `` `Sec. 630. Limitations on new credit scoring models during 
       the COVID-19 emergency and major disasters

       `` `With respect to a person that creates and implements 
     credit scoring models, such person may not, during a covered 
     period (as defined under section 605C), create or implement a 
     new credit scoring model (including a revision to an existing 
     scoring model) if the new credit scoring model would identify 
     a significant percentage of consumers as being less 
     creditworthy when compared to the previous credit scoring 
     models created or implemented by such person.'; and
       ``(2) in the table of contents for such Act, by adding at 
     the end the following new item:

`` `630. Limitations on new credit scoring models during the COVID-19 
              emergency and major disasters.'.
       (b) Clerical Amendment.--The table of contents in section 2 
     of the CARES Act is amended by striking the item relating to 
     section 4021 and inserting the following:

``Sec. 4021. Reporting of information during major disasters.
``Sec. 4021A. Limitations on new credit scoring models during the 
              COVID-19 emergency and major disasters.''.
       (c) Conforming Amendment.--Subparagraph (F) of section 
     623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681s-
     2(a)(1)) is hereby repealed.

     SEC. 402. RESTRICTIONS ON COLLECTIONS OF CONSUMER DEBT DURING 
                   A NATIONAL DISASTER OR EMERGENCY.

       (a) In General.--The Fair Debt Collection Practices Act (15 
     U.S.C. 1692 et seq.) is amended by inserting after section 
     812 (15 U.S.C. 1692j) the following:

     ``Sec. 812A. Restrictions on collections of consumer debt 
       during a national disaster or emergency

       ``(a) Definitions.--In this section:
       ``(1) Covered period.--The term `covered period' means the 
     period beginning on the date of enactment of this section and 
     ending 120 days after the end of the incident period for the 
     emergency declared on March 13, 2020, by the President under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to 
     the Coronavirus Disease 2019 (COVID-19) pandemic.
       ``(2) Creditor.--The term `creditor' means any person--
       ``(A) who offers or extends credit creating a debt or to 
     whom a debt is owed; or
       ``(B) to whom any obligation for payment is owed.
       ``(3) Debt.--The term `debt'--
       ``(A) means any obligation or alleged obligation that is or 
     during the covered period becomes past due, other than an 
     obligation arising out of a credit agreement entered into 
     after the effective date of this section, that arises out of 
     a transaction with a consumer; and
       ``(B) does not include a mortgage loan.
       ``(4) Debt collector.--The term `debt collector' means a 
     creditor and any other person or entity that engages in the 
     collection of debt, including the Federal Government and a 
     State government, irrespective of whether the applicable debt 
     is allegedly owed to or assigned to such creditor, person, or 
     entity.
       ``(5) Mortgage loan.--The term `mortgage loan' means a 
     covered mortgage loan (as defined under section 4022 of the 
     CARES Act) and a multifamily mortgage loan (as defined under 
     section 4023 of the CARES Act).
       ``(b) Prohibitions.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, no debt collector may, during a covered period--

[[Page H5371]]

       ``(A) enforce a security interest securing a debt through 
     repossession, limitation of use, or foreclosure;
       ``(B) take or threaten to take any action to deprive an 
     individual of their liberty as a result of nonpayment of or 
     nonappearance at any hearing relating to an obligation owed 
     by a consumer;
       ``(C) collect any debt, by way of garnishment, attachment, 
     assignment, deduction, offset, or other seizure, from--
       ``(i) wages, income, benefits, bank, prepaid or other asset 
     accounts; or
       ``(ii) any assets of, or other amounts due to, a consumer;
       ``(D) commence or continue an action to evict a consumer 
     from real or personal property for nonpayment;
       ``(E) disconnect or terminate service from a utility 
     service, including electricity, natural gas, 
     telecommunications or broadband, water, or sewer, for 
     nonpayment; or
       ``(F) threaten to take any of the foregoing actions.
       ``(2) Rule of construction.--Nothing in this section may be 
     construed to prohibit a consumer from voluntarily paying, in 
     whole or in part, a debt.
       ``(c) Limitation on Fees and Interest.--After the 
     expiration of a covered period, a debt collector may not add 
     to any past due debt any interest on unpaid interest, higher 
     rate of interest triggered by the nonpayment of the debt, or 
     fee triggered prior to the expiration of the covered period 
     by the nonpayment of the debt.
       ``(e) Violations.--Any person or government entity that 
     violates this section shall be liable to the applicable 
     consumer as provided under section 813, except that, for 
     purposes of applying section 813--
       ``(1) such person or government entity shall be deemed a 
     debt collector, as such term is defined for purposes of 
     section 813; and
       ``(2) each dollar figure in such section shall be deemed to 
     be 10 times the dollar figure specified.
       ``(f) Tolling.--Any applicable time limitations for 
     exercising an action prohibited under subsection (b) shall be 
     tolled during a covered period.
       ``(g) Predispute Arbitration Agreements.--Notwithstanding 
     any other provision of law, no predispute arbitration 
     agreement or predispute joint-action waiver shall be valid or 
     enforceable with respect to a dispute brought under this 
     section, including a dispute as to the applicability of this 
     section, which shall be determined under Federal law.''.
       (b) Clerical Amendment.--The table of contents for the Fair 
     Debt Collection Practices Act is amended by inserting after 
     the item relating to section 812 the following:

``812A. Restrictions on collections of consumer debt during a national 
              disaster or emergency.''.

     SEC. 403. REPAYMENT PERIOD AND FORBEARANCE FOR CONSUMERS.

       Section 812A of the Fair Debt Collection Practices Act (15 
     U.S.C. 1692 et seq.), as added by section 110402, is 
     amended--
       (1) by inserting after subsection (c) the following:
       ``(d) Repayment Period.--After the expiration of a covered 
     period, a debt collector shall comply with the following:
       ``(1) Debt arising from credit with a defined payment 
     period.--For any debt arising from credit with a defined 
     term, the debt collector shall extend the time period to 
     repay any past due balance of the debt by--
       ``(A) 1 payment period for each payment that a consumer 
     missed during the covered period, with the payments due in 
     the same amounts and at the same intervals as the pre-
     existing payment schedule; and
       ``(B) 1 payment period in addition to the payment periods 
     described under subparagraph (A).
       ``(2) Debt arising from an open end credit plan.--For debt 
     arising from an open end credit plan, as defined in section 
     103 of the Truth in Lending Act (15 U.S.C. 1602), the debt 
     collector shall allow the consumer to repay the past-due 
     balance in a manner that does not exceed the amounts 
     permitted by the methods described in section 171(c) of the 
     Truth in Lending Act (15 U.S.C. 1666i-1(c)) and regulations 
     promulgated under that section.
       ``(3) Debt arising from other credit.--
       ``(A) In general.--For debt not described under paragraph 
     (2) or (3), the debt collector shall--
       ``(i) allow the consumer to repay the past-due balance of 
     the debt in substantially equal payments over time; and
       ``(ii) provide the consumer with--

       ``(I) for past due balances of $2,000 or less, 12 months to 
     repay, or such longer period as the debt collector may allow;
       ``(II) for past due balances between $2,001 and $5,000, 24 
     months to repay, or such longer period as the debt collector 
     may allow; or
       ``(III) for past due balances greater than $5,000, 36 
     months to repay, or such longer period as the debt collector 
     may allow.

       ``(B) Additional protections.--The Director of the Bureau 
     may issue rules to provide greater repayment protections to 
     consumers with debts described under subparagraph (A).
       ``(C) Relation to state law.--This paragraph shall not 
     preempt any State law that provides for greater consumer 
     protections than this paragraph.''; and
       (2) by adding at the end the following:
       ``(h) Forbearance for Affected Consumers.--
       ``(1) Forbearance program.--Each debt collector that makes 
     use of the credit facility described in paragraph (4) shall 
     establish a forbearance program for debts available during 
     the covered period.
       ``(2) Automatic grant of forbearance upon request.--Under a 
     forbearance program required under paragraph (1), upon the 
     request of a consumer experiencing a financial hardship due, 
     directly or indirectly, to COVID-19, the debt collector shall 
     grant a forbearance on payment of debt for such time as 
     needed until the end of the covered period, with no 
     additional documentation required other than the borrower's 
     attestation to a financial hardship caused by COVID-19 and 
     with no fees, penalties, or interest (beyond the amounts 
     scheduled or calculated as if the borrower made all 
     contractual payments on time and in full under the terms of 
     the loan contract) charged to the borrower in connection with 
     the forbearance.
       ``(3) Exception for certain mortgage loans subject to the 
     cares act.--This subsection shall not apply to a mortgage 
     loan subject to section 4022 or 4023 of the CARES Act.''.

     SEC. 404. CREDIT FACILITY.

       Section 812A(h) of the Fair Debt Collection Practices Act 
     (15 U.S.C. 1692 et seq.), as added by section 110403, is 
     amended by adding at the end the following:
       ``(4) Credit facility.--The Board of Governors of the 
     Federal Reserve System shall--
       ``(A) establish a facility, using amounts made available 
     under section 4003(b)(4) of the CARES Act (15 U.S.C. 
     9042(b)(4)), to make long-term, low-cost loans to debt 
     collectors to temporarily compensate such debt collectors for 
     documented financial losses caused by forbearance of debt 
     payments under this subsection; and
       ``(B) defer debt collectors' required payments on such 
     loans until after consumers' debt payments resume.''.

                 TITLE V--PROTECTING STUDENT BORROWERS

     SEC. 501. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS AS A 
                   RESULT OF THE COVID-19 NATIONAL EMERGENCY.

       (a) In General.--Section 140 of the Truth in Lending Act 
     (15 U.S.C. 1650) is amended by adding at the end the 
     following new subsection:
       ``(h) COVID-19 National Emergency Private Education Loan 
     Repayment Assistance.--
       ``(1) Authority.--
       ``(A) In general.--Effective on the date of the enactment 
     of this section, until February 1, 2021, the Secretary of the 
     Treasury shall, for each borrower of a private education 
     loan, pay the total amount due for such month on the loan, 
     based on the payment plan selected by the borrower or the 
     borrower's loan status.
       ``(B) Limitation on payments.--The maximum amount of 
     aggregate payments that the Secretary of the Treasury may 
     make under subparagraph (A) with respect to an individual 
     borrower is $10,000.
       ``(2) No capitalization of interest.--With respect to any 
     loan in repayment until February 1, 2021, interest due on a 
     private education loan during such period shall not be 
     capitalized at any time until after February 1, 2021.
       ``(3) Reporting to consumer reporting agencies.--Until 
     February 1, 2021--
       ``(A) during the period in which the Secretary of the 
     Treasury is making payments on a loan under paragraph (1), 
     the Secretary shall ensure that, for the purpose of reporting 
     information about the loan to a consumer reporting agency, 
     any payment made by the Secretary is treated as if it were a 
     regularly scheduled payment made by a borrower; and
       ``(B) no adverse credit information may be furnished to a 
     consumer reporting agency for any private education loan.
       ``(4) Notice of payments and program.--Not later than 15 
     days following the date of enactment of this subsection, and 
     monthly thereafter until February 1, 2021, the Secretary of 
     the Treasury shall provide a notice to all borrowers of 
     private education loans--
       ``(A) informing borrowers of the actions taken under this 
     subsection;
       ``(B) providing borrowers with an easily accessible method 
     to opt out of the benefits provided under this subsection; 
     and
       ``(C) notifying the borrower that the program under this 
     subsection is a temporary program and will end on February 1, 
     2021.
       ``(5) Suspension of involuntary collection.--Until February 
     1, 2021, the holder of a private education loan shall 
     immediately take action to halt all involuntary collection 
     related to the loan.
       ``(6) Mandatory forbearance.--During the period in which 
     the Secretary of the Treasury is making payments on a loan 
     under paragraph (1), the servicer of such loan shall grant 
     the borrower forbearance as follows:
       ``(A) A temporary cessation of all payments on the loan 
     other than the payments of interest and principal on the loan 
     that are made under paragraph (1).
       ``(B) For borrowers who are delinquent but who are not yet 
     in default before the date on which the Secretary begins 
     making payments under paragraph (1), the retroactive 
     application of forbearance to address any delinquency.
       ``(7) Data to implement.--Holders and servicers of private 
     education loans shall report, to the satisfaction of the 
     Secretary of the Treasury, the information necessary to 
     calculate the amount to be paid under this subsection.
       ``(8) Application only to economically distressed 
     borrowers.--
       ``(A) In general.--This subsection shall only apply to a 
     borrower of a private education loan who is an economically 
     distressed borrower.
       ``(B) Economically distressed borrower defined.--In this 
     paragraph, the term `economically distressed borrower' means 
     a borrower of a private education loan who, as of March 12, 
     2020--
       ``(i) based on financial state or other conditions, would 
     be otherwise eligible, if the borrower instead had a Federal 
     student loan, of having a monthly payment due on such loan of 
     $0 pursuant to an income-contingent repayment plan under 
     section 455(d)(1)(D) of the Higher

[[Page H5372]]

     Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or an 
     income-based repayment plan under section 493C of such Act 
     (20 U.S.C. 1098e);
       ``(ii) was in default on such loan;
       ``(iii) had a payment due on such loan that was at least 90 
     days past due; or
       ``(iv) based on financial state or other conditions, was in 
     forbearance or deferment.
       ``(C) Rulemaking.--Not later than 7 days after the date of 
     enactment of this paragraph, the Director of the Bureau, in 
     consultation with the Secretary of Education, shall issue 
     rules to implement this paragraph, including providing a 
     detailed description of how a borrower of a private education 
     loan will be considered an economically distressed borrower 
     as defined under each clause of subparagraph (B).''.
       (b) Appropriation.--There is appropriated to the Secretary 
     of the Treasury, out of amounts in the Treasury not otherwise 
     appropriated, $5,000,000,000 to carry out this title and the 
     amendments made by this title.

     SEC. 502. ADDITIONAL PROTECTIONS FOR PRIVATE STUDENT LOAN 
                   BORROWERS.

       (a) In General.--
       (1) Repayment plan and forgiveness terms.--Each private 
     education loan holder who receives a monthly payment pursuant 
     to section 140(h) of the Truth in Lending Act shall modify 
     all private education loan contracts that it holds to provide 
     for the same repayment plan and forgiveness terms available 
     to Direct Loans borrowers under section 685.209(c) of title 
     34, Code of Federal Regulations, in effect as of January 1, 
     2020.
       (2) Treatment of state statutes of limitation.--For a 
     borrower who has defaulted on a private education loan under 
     the terms of the promissory note prior to any loan payment 
     made or forbearance granted under section 140(h) of the Truth 
     in Lending Act, no payment made or forbearance granted under 
     such section 140(h) shall be considered an event that impacts 
     the calculation of the applicable State statutes of 
     limitation.
       (3) Prohibition on pressuring borrowers.--
       (A) In general.--A private education loan debt collector or 
     creditor may not pressure a borrower to elect to apply any 
     amount received pursuant to subsection (b) to any private 
     education loan.
       (B) Violations.--A violation of this paragraph is deemed--
       (i) an unfair, deceptive, or abusive act or practice under 
     Federal law in connection with any transaction with a 
     consumer for a consumer financial product or service under 
     section 1031 of the Consumer Financial Protection Act of 2010 
     (12 U.S.C. 5531); and
       (ii) with respect to a violation by a debt collector, an 
     unfair or unconscionable means to collect or attempt to 
     collect any debt under section 808 of the Federal Debt 
     Collection Practices Act (15 U.S.C. 1692f).
       (C) Pressure defined.--In this paragraph, the term 
     ``pressure'' means any communication, recommendation, or 
     other similar communication, other than providing basic 
     information about a borrower's options, urging a borrower to 
     make an election described under subsection (b).
       (b) Relief for Private Student Loan Borrowers as a Result 
     of the Covid-19 National Emergency.--
       (1) Student loan relief as a result of the covid-19 
     national emergency.--Not later than 90 days after February 1, 
     2021, the Secretary of the Treasury shall carry out a program 
     under which a borrower, with respect to the private education 
     loans of such borrower, shall receive in accordance with 
     paragraph (3) an amount equal to the lesser of--
       (A) the total amount of each private education loan of the 
     borrower; or
       (B) $10,000, reduced by the aggregate amount of all 
     payments made by the Secretary of the Treasury with respect 
     to such borrower under section 140(h) of the Truth in Lending 
     Act.
       (2) Notification of borrowers.--Not later than 90 days 
     after February 1, 2021, the Secretary of the Treasury shall 
     notify each borrower of a private education loan of--
       (A) the requirements to provide loan relief to such 
     borrower under this section; and
       (B) the opportunity for such borrower to make an election 
     under paragraph (3)(A) with respect to the application of 
     such loan relief to the private education loans of such 
     borrower.
       (3) Distribution of funding.--
       (A) Election by borrower.--Not later than 45 days after a 
     notice is sent under paragraph (2), a borrower may elect to 
     apply the amount determined with respect to such borrower 
     under paragraph (1) to any private education loan of the 
     borrower.
       (B) Automatic payment.--
       (i) In general.--In the case of a borrower who does not 
     make an election under subparagraph (A) before the date 
     described in such subparagraph, the Secretary of the Treasury 
     shall apply the amount determined with respect to such 
     borrower under paragraph (1) in order of the private 
     education loan of the borrower with the highest interest 
     rate.
       (ii) Equal interest rates.--In case of two or more private 
     education loans described in clause (i) with equal interest 
     rates, the Secretary of the Treasury shall apply the amount 
     determined with respect to such borrower under paragraph (1) 
     first to the loan with the highest principal.
       (c) Application Only to Economically Distressed 
     Borrowers.--This section shall only apply to a borrower of a 
     private education loan who is an economically distressed 
     borrower.
       (d) Definitions.--In this section:
       (1) Fair debt collection practices act terms.--The terms 
     ``creditor'' and ``debt collector'' have the meaning given 
     those terms, respectively, under section 803 of the Fair Debt 
     Collection Practices Act (15 U.S.C. 1692a).
       (2) Private education loan.--The term ``private education 
     loan'' has the meaning given the term in section 140 of the 
     Truth in Lending Act (15 U.S.C. 1650).
       (3) Economically distressed borrower defined.--The term 
     ``economically distressed borrower'' has the meaning given 
     that term under section 140(h)(8) of the Truth in Lending 
     Act, as added by section 501.

TITLE VI--STANDING UP FOR SMALL BUSINESSES, MINORITY-OWNED BUSINESSES, 
                            AND NON-PROFITS

     SEC. 601. RESTRICTIONS ON COLLECTIONS OF SMALL BUSINESS AND 
                   NONPROFIT DEBT DURING A NATIONAL DISASTER OR 
                   EMERGENCY.

       (a) In General.--The Fair Debt Collection Practices Act (15 
     U.S.C. 1692 et seq.), as amended by section 110402, is 
     further amended by inserting after section 812A the 
     following:

     ``Sec. 812B. Restrictions on collections of small business 
       and nonprofit debt during a national disaster or emergency

       ``(a) Definitions.--In this section:
       ``(1) Covered period.--The term `covered period' means the 
     period beginning on the date of enactment of this section and 
     ending 120 days after the end of the incident period for the 
     emergency declared on March 13, 2020, by the President under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to 
     the Coronavirus Disease 2019 (COVID-19) pandemic.
       ``(2) Creditor.--The term `creditor' means any person--
       ``(A) who offers or extends credit creating a debt or to 
     whom a debt is owed; or
       ``(B) to whom any obligation for payment is owed.
       ``(3) Debt.--The term `debt'--
       ``(A) means any obligation or alleged obligation that is or 
     during the covered period becomes past due, other than an 
     obligation arising out of a credit agreement entered into 
     after the effective date of this section, that arises out of 
     a transaction with a nonprofit organization or small 
     business; and
       ``(B) does not include a mortgage loan.
       ``(4) Debt collector.--The term `debt collector' means a 
     creditor and any other person or entity that engages in the 
     collection of debt, including the Federal Government and a 
     State government, irrespective of whether the applicable debt 
     is allegedly owed to or assigned to such creditor, person, or 
     entity.
       ``(5) Mortgage loan.--The term `mortgage loan' means a 
     covered mortgage loan (as defined under section 4022 of the 
     CARES Act) and a multifamily mortgage loan (as defined under 
     section 4023 of the CARES Act).
       ``(6) Nonprofit organization.--The term `nonprofit 
     organization' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     that is exempt from taxation under section 501(a) of such 
     Code.
       ``(7) Small business.--The term `small business' has the 
     meaning given the term `small business concern' in section 3 
     of the Small Business Act (15 U.S.C. 632).
       ``(b) Prohibitions.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, no debt collector may, during a covered period--
       ``(A) enforce a security interest securing a debt through 
     repossession, limitation of use, or foreclosure;
       ``(B) take or threaten to take any action to deprive an 
     individual of their liberty as a result of nonpayment of or 
     nonappearance at any hearing relating to an obligation owed 
     by a small business or nonprofit organization;
       ``(C) collect any debt, by way of garnishment, attachment, 
     assignment, deduction, offset, or other seizure, from--
       ``(i) wages, income, benefits, bank, prepaid or other asset 
     accounts; or
       ``(ii) any assets of, or other amounts due to, a small 
     business or nonprofit organization;
       ``(D) commence or continue an action to evict a small 
     business or nonprofit organization from real or personal 
     property for nonpayment;
       ``(E) disconnect or terminate service from a utility 
     service, including electricity, natural gas, 
     telecommunications or broadband, water, or sewer, for 
     nonpayment; or
       ``(F) threaten to take any of the foregoing actions.
       ``(2) Rule of construction.--Nothing in this section may be 
     construed to prohibit a small business or nonprofit 
     organization from voluntarily paying, in whole or in part, a 
     debt.
       ``(c) Limitation on Fees and Interest.--After the 
     expiration of a covered period, a debt collector may not add 
     to any past due debt any interest on unpaid interest, higher 
     rate of interest triggered by the nonpayment of the debt, or 
     fee triggered prior to the expiration of the covered period 
     by the nonpayment of the debt.
       ``(e) Violations.--Any person or government entity that 
     violates this section shall be liable to the applicable small 
     business or nonprofit organization as provided under section 
     813, except that, for purposes of applying section 813--
       ``(1) such person or government entity shall be deemed a 
     debt collector, as such term is defined for purposes of 
     section 813; and
       ``(2) such small business or nonprofit organization shall 
     be deemed a consumer, as such term is defined for purposes of 
     section 813.
       ``(f) Tolling.--Any applicable time limitations for 
     exercising an action prohibited under subsection (b) shall be 
     tolled during a covered period.
       ``(g) Predispute Arbitration Agreements.--Notwithstanding 
     any other provision of law, no predispute arbitration 
     agreement or predispute joint-action waiver shall be valid or 
     enforceable with respect to a dispute brought under this 
     section, including a dispute as to the applicability of this 
     section, which shall be determined under Federal law.''.
       (b) Clerical Amendment.--The table of contents for the Fair 
     Debt Collection Practices Act, as amended by section 110402, 
     is further amended by inserting after the item relating to 
     section 812A the following:


[[Page H5373]]


``812B. Restrictions on collections of small business and nonprofit 
              debt during a national disaster or emergency.''.

     SEC. 602. REPAYMENT PERIOD AND FORBEARANCE FOR SMALL 
                   BUSINESSES AND NONPROFIT ORGANIZATIONS.

       Section 812B of the Fair Debt Collection Practices Act (15 
     U.S.C. 1692 et seq.), as added by section 110601, is 
     amended--
       (1) by inserting after subsection (c) the following:
       ``(d) Repayment Period.--After the expiration of a covered 
     period, a debt collector shall comply with the following:
       ``(1) Debt arising from credit with a defined payment 
     period.--For any debt arising from credit with a defined 
     term, the debt collector shall extend the time period to 
     repay any past due balance of the debt by--
       ``(A) 1 payment period for each payment that a small 
     business or nonprofit organization missed during the covered 
     period, with the payments due in the same amounts and at the 
     same intervals as the pre-existing payment schedule; and
       ``(B) 1 payment period in addition to the payment periods 
     described under subparagraph (A).
       ``(2) Debt arising from an open end credit plan.--For debt 
     arising from an open end credit plan, as defined in section 
     103 of the Truth in Lending Act (15 U.S.C. 1602), the debt 
     collector shall allow the small business or nonprofit 
     organization to repay the past-due balance in a manner that 
     does not exceed the amounts permitted by the methods 
     described in section 171(c) of the Truth in Lending Act (15 
     U.S.C. 1666i-1(c)) and regulations promulgated under that 
     section.
       ``(3) Debt arising from other credit.--
       ``(A) In general.--For debt not described under paragraph 
     (2) or (3), the debt collector shall--
       ``(i) allow the small business or nonprofit organization to 
     repay the past-due balance of the debt in substantially equal 
     payments over time; and
       ``(ii) provide the small business or nonprofit organization 
     with--

       ``(I) for past due balances of $2,000 or less, 12 months to 
     repay, or such longer period as the debt collector may allow;
       ``(II) for past due balances between $2,001 and $5,000, 24 
     months to repay, or such longer period as the debt collector 
     may allow; or
       ``(III) for past due balances greater than $5,000, 36 
     months to repay, or such longer period as the debt collector 
     may allow.

       ``(B) Additional protections.--The Director of the Bureau 
     may issue rules to provide greater repayment protections to 
     small businesses and nonprofit organizations with debts 
     described under subparagraph (A).
       ``(C) Relation to state law.--This paragraph shall not 
     preempt any State law that provides for greater small 
     business or nonprofit organization protections than this 
     paragraph.''; and
       (2) by adding at the end the following:
       ``(h) Forbearance for Affected Small Businesses and 
     Nonprofit Organizations.--
       ``(1) Forbearance program.--Each debt collector that makes 
     use of the credit facility described in paragraph (4) shall 
     establish a forbearance program for debts available during 
     the covered period.
       ``(2) Automatic grant of forbearance upon request.--Under a 
     forbearance program required under paragraph (1), upon the 
     request of a small business or nonprofit organization 
     experiencing a financial hardship due, directly or 
     indirectly, to COVID-19, the debt collector shall grant a 
     forbearance on payment of debt for such time as needed until 
     the end of the covered period, with no additional 
     documentation required other than the small business or 
     nonprofit organization's attestation to a financial hardship 
     caused by COVID-19 and with no fees, penalties, or interest 
     (beyond the amounts scheduled or calculated as if the 
     borrower made all contractual payments on time and in full 
     under the terms of the loan contract) charged to the borrower 
     in connection with the forbearance.
       ``(3) Exception for certain mortgage loans subject to the 
     cares act.--This subsection shall not apply to a mortgage 
     loan subject to section 4022 or 4023 of the CARES Act.''.

     SEC. 603. CREDIT FACILITY.

       Section 812B(h) of the Fair Debt Collection Practices Act 
     (15 U.S.C. 1692 et seq.), as added by section 110602, is 
     amended by adding at the end the following:
       ``(4) Credit facility.--The Board of Governors of the 
     Federal Reserve System shall--
       ``(A) establish a facility, using amounts made available 
     under section 4003(b)(4) of the CARES Act (15 U.S.C. 
     9042(b)(4)), to make long-term, low-cost loans to debt 
     collectors to temporarily compensate such debt collectors for 
     documented financial losses caused by forbearance of debt 
     payments under this subsection; and
       ``(B) defer debt collectors' required payments on such 
     loans until after small businesses or nonprofit 
     organizations' debt payments resume.''.

     SEC. 604. MAIN STREET LENDING PROGRAM REQUIREMENTS.

       (a) In General.--Section 4003(c)(3)(D)(ii) of the CARES Act 
     (15 U.S.C. 9042(c)(3)(D)(ii)) is amended--
       (1) by striking ``Nothing in this subparagraph shall limit 
     the discretion of the Board of Governors of the Federal 
     Reserve System to'' and inserting the following:
       ``(I) In general.--The Board of Governors of the Federal 
     Reserve System shall''; and
       (2) by adding at the end the following:

       ``(II) Requirements.--In carrying out subclause (I), the 
     Board of Governors of the Federal Reserve System--

       ``(aa) shall make non-profit organizations and institutions 
     of higher education (as such term is defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)) eligible for any program or facility established 
     under such subclause;
       ``(bb) shall create a low-cost loan option tailored to the 
     unique needs of non-profit organizations, including the 
     ability to defer payments without capitalization of interest;
       ``(cc) shall make any 501(c)(4) organization (as defined in 
     section 501(c)(4) of the Internal Revenue Code of 1986) 
     eligible for any facility provided that such 501(c)(4) 
     organization has not made and will not make a contribution, 
     expenditure, independent expenditure, or electioneering 
     communication within the meaning of the Federal Election 
     Campaign Act, and has not undertaken and will not undertake 
     similar campaign finance activities in state and local 
     elections, during the election cycle which ends on the date 
     of the general election in this calendar year;
       ``(dd) shall ensure loans made available to all eligible 
     borrowers have a maturity of no less than seven years; and
       ``(ee) shall prohibit eligible lenders from requiring 
     additional collateral beyond minimum collateral requirements 
     the Board of Governors of the Federal Reserve System may 
     require.''.
       (b) Deadline.--Not later than the end of the 5-day period 
     beginning on the date of enactment of this Act, the Board of 
     Governors of the Federal Reserve System shall issue such 
     rules or take such other actions as may be necessary to 
     implement the requirements made by the amendments made by 
     this section.

     SEC. 605. OPTIONS FOR SMALL BUSINESSES AND NON-PROFITS UNDER 
                   THE MAIN STREET LENDING PROGRAM.

       (a) In General.--Section 4003(c)(3)(D)(ii)(II) of the CARES 
     Act (15 U.S.C. 9042(c)(3)(D)(ii)(II)), as added by section 
     110604, is further amended by adding at the end the 
     following:
       ``(cc) shall provide at least one low-cost loan option that 
     small businesses, small non-profits, and small institutions 
     of higher education (as such term is defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)) are eligible for that does not have a minimum loan 
     size and includes the ability to defer payments, without 
     capitalization of interest.''.
       (b) Deadline.--Not later than the end of the 5-day period 
     beginning on the date of enactment of this Act, the Board of 
     Governors of the Federal Reserve System shall issue such 
     rules or take such other actions as may be necessary to 
     implement the requirements made by the amendments made by 
     this section.

     SEC. 606. SAFE BANKING.

       (a) Short Title; Purpose.--
       (1) Short title.--This section may be cited as the ``Secure 
     And Fair Enforcement Banking Act of 2020'' or the ``SAFE 
     Banking Act of 2020''.
       (2) Purpose.--The purpose of this section is to increase 
     public safety by ensuring access to financial services to 
     cannabis-related legitimate businesses and service providers 
     and reducing the amount of cash at such businesses.
       (b) Safe Harbor for Depository Institutions.--
       (1) In general.--A Federal banking regulator may not--
       (A) terminate or limit the deposit insurance or share 
     insurance of a depository institution under the Federal 
     Deposit Insurance Act (12 U.S.C. 1811 et seq.), the Federal 
     Credit Union Act (12 U.S.C. 1751 et seq.), or take any other 
     adverse action against a depository institution under section 
     8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) 
     solely because the depository institution provides or has 
     provided financial services to a cannabis-related legitimate 
     business or service provider;
       (B) prohibit, penalize, or otherwise discourage a 
     depository institution from providing financial services to a 
     cannabis-related legitimate business or service provider or 
     to a State, political subdivision of a State, or Indian Tribe 
     that exercises jurisdiction over cannabis-related legitimate 
     businesses;
       (C) recommend, incentivize, or encourage a depository 
     institution not to offer financial services to an account 
     holder, or to downgrade or cancel the financial services 
     offered to an account holder solely because--
       (i) the account holder is a cannabis-related legitimate 
     business or service provider, or is an employee, owner, or 
     operator of a cannabis-related legitimate business or service 
     provider;
       (ii) the account holder later becomes an employee, owner, 
     or operator of a cannabis-related legitimate business or 
     service provider; or
       (iii) the depository institution was not aware that the 
     account holder is an employee, owner, or operator of a 
     cannabis-related legitimate business or service provider;
       (D) take any adverse or corrective supervisory action on a 
     loan made to--
       (i) a cannabis-related legitimate business or service 
     provider, solely because the business is a cannabis-related 
     legitimate business or service provider;
       (ii) an employee, owner, or operator of a cannabis-related 
     legitimate business or service provider, solely because the 
     employee, owner, or operator is employed by, owns, or 
     operates a cannabis-related legitimate business or service 
     provider, as applicable; or
       (iii) an owner or operator of real estate or equipment that 
     is leased to a cannabis-related legitimate business or 
     service provider, solely because the owner or operator of the 
     real estate or equipment leased the equipment or real estate 
     to a cannabis-related legitimate business or service 
     provider, as applicable; or
       (E) prohibit or penalize a depository institution (or 
     entity performing a financial service for or in association 
     with a depository institution) for, or otherwise discourage a 
     depository institution (or entity performing a financial 
     service for or in association with a depository institution) 
     from, engaging in a financial service for a cannabis-related 
     legitimate business or service provider.

[[Page H5374]]

       (2) Safe harbor applicable to de novo institutions.--
     Paragraph (1) shall apply to an institution applying for a 
     depository institution charter to the same extent as such 
     subsection applies to a depository institution.
       (c) Protections for Ancillary Businesses.--For the purposes 
     of sections 1956 and 1957 of title 18, United States Code, 
     and all other provisions of Federal law, the proceeds from a 
     transaction involving activities of a cannabis-related 
     legitimate business or service provider shall not be 
     considered proceeds from an unlawful activity solely 
     because--
       (1) the transaction involves proceeds from a cannabis-
     related legitimate business or service provider; or
       (2) the transaction involves proceeds from--
       (A) cannabis-related activities described in subsection 
     (n)(4)(B) conducted by a cannabis-related legitimate 
     business; or
       (B) activities described in subsection (n)(13)(A) conducted 
     by a service provider.
       (d) Protections Under Federal Law.--
       (1) In general.--With respect to providing a financial 
     service to a cannabis-related legitimate business or service 
     provider within a State, political subdivision of a State, or 
     Indian country that allows the cultivation, production, 
     manufacture, sale, transportation, display, dispensing, 
     distribution, or purchase of cannabis pursuant to a law or 
     regulation of such State, political subdivision, or Indian 
     Tribe that has jurisdiction over the Indian country, as 
     applicable, a depository institution, entity performing a 
     financial service for or in association with a depository 
     institution, or insurer that provides a financial service to 
     a cannabis-related legitimate business or service provider, 
     and the officers, directors, and employees of that depository 
     institution, entity, or insurer may not be held liable 
     pursuant to any Federal law or regulation--
       (A) solely for providing such a financial service; or
       (B) for further investing any income derived from such a 
     financial service.
       (2) Protections for federal reserve banks and federal home 
     loan banks.--With respect to providing a service to a 
     depository institution that provides a financial service to a 
     cannabis-related legitimate business or service provider 
     (where such financial service is provided within a State, 
     political subdivision of a State, or Indian country that 
     allows the cultivation, production, manufacture, sale, 
     transportation, display, dispensing, distribution, or 
     purchase of cannabis pursuant to a law or regulation of such 
     State, political subdivision, or Indian Tribe that has 
     jurisdiction over the Indian country, as applicable), a 
     Federal reserve bank or Federal Home Loan Bank, and the 
     officers, directors, and employees of the Federal reserve 
     bank or Federal Home Loan Bank, may not be held liable 
     pursuant to any Federal law or regulation--
       (A) solely for providing such a service; or
       (B) for further investing any income derived from such a 
     service.
       (3) Protections for insurers.--With respect to engaging in 
     the business of insurance within a State, political 
     subdivision of a State, or Indian country that allows the 
     cultivation, production, manufacture, sale, transportation, 
     display, dispensing, distribution, or purchase of cannabis 
     pursuant to a law or regulation of such State, political 
     subdivision, or Indian Tribe that has jurisdiction over the 
     Indian country, as applicable, an insurer that engages in the 
     business of insurance with a cannabis-related legitimate 
     business or service provider or who otherwise engages with a 
     person in a transaction permissible under State law related 
     to cannabis, and the officers, directors, and employees of 
     that insurer may not be held liable pursuant to any Federal 
     law or regulation--
       (A) solely for engaging in the business of insurance; or
       (B) for further investing any income derived from the 
     business of insurance.
       (4) Forfeiture.--
       (A) Depository institutions.--A depository institution that 
     has a legal interest in the collateral for a loan or another 
     financial service provided to an owner, employee, or operator 
     of a cannabis-related legitimate business or service 
     provider, or to an owner or operator of real estate or 
     equipment that is leased or sold to a cannabis-related 
     legitimate business or service provider, shall not be subject 
     to criminal, civil, or administrative forfeiture of that 
     legal interest pursuant to any Federal law for providing such 
     loan or other financial service.
       (B) Federal reserve banks and federal home loan banks.--A 
     Federal reserve bank or Federal Home Loan Bank that has a 
     legal interest in the collateral for a loan or another 
     financial service provided to a depository institution that 
     provides a financial service to a cannabis-related legitimate 
     business or service provider, or to an owner or operator of 
     real estate or equipment that is leased or sold to a 
     cannabis-related legitimate business or service provider, 
     shall not be subject to criminal, civil, or administrative 
     forfeiture of that legal interest pursuant to any Federal law 
     for providing such loan or other financial service.
       (e) Rules of Construction.--
       (1) No requirement to provide financial services.--Nothing 
     in this section shall require a depository institution, 
     entity performing a financial service for or in association 
     with a depository institution, or insurer to provide 
     financial services to a cannabis-related legitimate business, 
     service provider, or any other business.
       (2) General examination, supervisory, and enforcement 
     authority.--Nothing in this section may be construed in any 
     way as limiting or otherwise restricting the general 
     examination, supervisory, and enforcement authority of the 
     Federal banking regulators, provided that the basis for any 
     supervisory or enforcement action is not the provision of 
     financial services to a cannabis-related legitimate business 
     or service provider.
       (f) Requirements for Filing Suspicious Activity Reports.--
     Section 5318(g) of title 31, United States Code, is amended 
     by adding at the end the following:
       ``(5) Requirements for cannabis-related legitimate 
     businesses.--
       ``(A) In general.--With respect to a financial institution 
     or any director, officer, employee, or agent of a financial 
     institution that reports a suspicious transaction pursuant to 
     this subsection, if the reason for the report relates to a 
     cannabis-related legitimate business or service provider, the 
     report shall comply with appropriate guidance issued by the 
     Financial Crimes Enforcement Network. The Secretary shall 
     ensure that the guidance is consistent with the purpose and 
     intent of the SAFE Banking Act of 2020 and does not 
     significantly inhibit the provision of financial services to 
     a cannabis-related legitimate business or service provider in 
     a State, political subdivision of a State, or Indian country 
     that has allowed the cultivation, production, manufacture, 
     transportation, display, dispensing, distribution, sale, or 
     purchase of cannabis pursuant to law or regulation of such 
     State, political subdivision, or Indian Tribe that has 
     jurisdiction over the Indian country.
       ``(B) Definitions.--For purposes of this paragraph:
       ``(i) Cannabis.--The term `cannabis' has the meaning given 
     the term `marihuana' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       ``(ii) Cannabis-related legitimate business.--The term 
     `cannabis-related legitimate business' has the meaning given 
     that term in subsection (n) of the SAFE Banking Act of 2020.
       ``(iii) Indian country.--The term `Indian country' has the 
     meaning given that term in section 1151 of title 18.
       ``(iv) Indian tribe.--The term `Indian Tribe' has the 
     meaning given that term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       ``(v) Financial service.--The term `financial service' has 
     the meaning given that term in subsection (n) of the SAFE 
     Banking Act of 2020.
       ``(vi) Service provider.--The term `service provider' has 
     the meaning given that term in subsection (n) of the SAFE 
     Banking Act of 2020.
       ``(vii) State.--The term `State' means each of the several 
     States, the District of Columbia, Puerto Rico, and any 
     territory or possession of the United States.''.
       (g) Guidance and Examination Procedures.--Not later than 
     180 days after the date of enactment of this Act, the 
     Financial Institutions Examination Council shall develop 
     uniform guidance and examination procedures for depository 
     institutions that provide financial services to cannabis-
     related legitimate businesses and service providers.
       (h) Annual Diversity and Inclusion Report.--The Federal 
     banking regulators shall issue an annual report to Congress 
     containing--
       (1) information and data on the availability of access to 
     financial services for minority-owned and women-owned 
     cannabis-related legitimate businesses; and
       (2) any regulatory or legislative recommendations for 
     expanding access to financial services for minority-owned and 
     women-owned cannabis-related legitimate businesses.
       (i) GAO Study on Diversity and Inclusion.--
       (1) Study.--The Comptroller General of the United States 
     shall carry out a study on the barriers to marketplace entry, 
     including in the licensing process, and the access to 
     financial services for potential and existing minority-owned 
     and women-owned cannabis-related legitimate businesses.
       (2) Report.--The Comptroller General shall issue a report 
     to the Congress--
       (A) containing all findings and determinations made in 
     carrying out the study required under paragraph (1); and
       (B) containing any regulatory or legislative 
     recommendations for removing barriers to marketplace entry, 
     including in the licensing process, and expanding access to 
     financial services for potential and existing minority-owned 
     and women-owned cannabis-related legitimate businesses.
       (j) GAO Study on Effectiveness of Certain Reports on 
     Finding Certain Persons.--Not later than 2 years after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall carry out a study on the 
     effectiveness of reports on suspicious transactions filed 
     pursuant to section 5318(g) of title 31, United States Code, 
     at finding individuals or organizations suspected or known to 
     be engaged with transnational criminal organizations and 
     whether any such engagement exists in a State, political 
     subdivision, or Indian Tribe that has jurisdiction over 
     Indian country that allows the cultivation, production, 
     manufacture, sale, transportation, display, dispensing, 
     distribution, or purchase of cannabis. The study shall 
     examine reports on suspicious transactions as follows:
       (1) During the period of 2014 until the date of the 
     enactment of this Act, reports relating to marijuana-related 
     businesses.
       (2) During the 1-year period after date of the enactment of 
     this Act, reports relating to cannabis-related legitimate 
     businesses.
       (k) Banking Services for Hemp Businesses.--
       (1) Findings.--The Congress finds that--
       (A) the Agriculture Improvement Act of 2018 (Public Law 
     115-334) legalized hemp by removing it from the definition of 
     ``marihuana'' under the Controlled Substances Act;
       (B) despite the legalization of hemp, some hemp businesses 
     (including producers, manufacturers, and retailers) continue 
     to have difficulty gaining access to banking products and 
     services; and
       (C) businesses involved in the sale of hemp-derived 
     cannabidiol (``CBD'') products are particularly affected, due 
     to confusion about their legal status.

[[Page H5375]]

       (2) Federal banking regulator hemp banking guidance.--Not 
     later than the end of the 90-day period beginning on the date 
     of enactment of this Act, the Federal banking regulators 
     shall jointly issue guidance to financial institutions--
       (A) confirming the legality of hemp, hemp-derived CBD 
     products, and other hemp-derived cannabinoid products, and 
     the legality of engaging in financial services with 
     businesses selling hemp, hemp-derived CBD products, and other 
     hemp-derived cannabinoid products, after the enactment of the 
     Agriculture Improvement Act of 2018; and
       (B) to provide recommended best practices for financial 
     institutions to follow when providing financial services and 
     merchant processing services to businesses involved in the 
     sale of hemp, hemp-derived CBD products, and other hemp-
     derived cannabinoid products.
       (3) Financial institution defined.--In this section, the 
     term ``financial institution'' means any person providing 
     financial services.
       (l) Application of Safe Harbors to Hemp and CBD Products.--
       (1) In general.--Except as provided under paragraph (2), 
     the provisions of this section (other than subsections (f) 
     and (j)) shall apply to hemp (including hemp-derived 
     cannabidiol and other hemp-derived cannabinoid products) in 
     the same manner as such provisions apply to cannabis.
       (2) Rule of application.--In applying the provisions of 
     this section described under paragraph (1) to hemp, the 
     definition of ``cannabis-related legitimate business'' shall 
     be treated as excluding any requirement to engage in activity 
     pursuant to the law of a State or political subdivision 
     thereof.
       (3) Hemp defined.--In this subsection, the term ``hemp'' 
     has the meaning given that term under section 297A of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1639o).
       (m) Requirements for Deposit Account Termination Requests 
     and Orders.--
       (1) Termination requests or orders must be valid.--
       (A) In general.--An appropriate Federal banking agency may 
     not formally or informally request or order a depository 
     institution to terminate a specific customer account or group 
     of customer accounts or to otherwise restrict or discourage a 
     depository institution from entering into or maintaining a 
     banking relationship with a specific customer or group of 
     customers unless--
       (i) the agency has a valid reason for such request or 
     order; and
       (ii) such reason is not based solely on reputation risk.
       (B) Treatment of national security threats.--If an 
     appropriate Federal banking agency believes a specific 
     customer or group of customers is, or is acting as a conduit 
     for, an entity which--
       (i) poses a threat to national security;
       (ii) is involved in terrorist financing;
       (iii) is an agency of the Government of Iran, North Korea, 
     Syria, or any country listed from time to time on the State 
     Sponsors of Terrorism list;
       (iv) is located in, or is subject to the jurisdiction of, 
     any country specified in clause (iii); or
       (v) does business with any entity described in clause (iii) 
     or (iv), unless the appropriate Federal banking agency 
     determines that the customer or group of customers has used 
     due diligence to avoid doing business with any entity 
     described in clause (iii) or (iv),
     such belief shall satisfy the requirement under subparagraph 
     (A).
       (2) Notice requirement.--
       (A) In general.--If an appropriate Federal banking agency 
     formally or informally requests or orders a depository 
     institution to terminate a specific customer account or a 
     group of customer accounts, the agency shall--
       (i) provide such request or order to the institution in 
     writing; and
       (ii) accompany such request or order with a written 
     justification for why such termination is needed, including 
     any specific laws or regulations the agency believes are 
     being violated by the customer or group of customers, if any.
       (B) Justification requirement.--A justification described 
     under subparagraph (A)(ii) may not be based solely on the 
     reputation risk to the depository institution.
       (3) Customer notice.--
       (A) Notice required.--Except as provided under subparagraph 
     (B) or as otherwise prohibited from being disclosed by law, 
     if an appropriate Federal banking agency orders a depository 
     institution to terminate a specific customer account or a 
     group of customer accounts, the depository institution shall 
     inform the specific customer or group of customers of the 
     justification for the customer's account termination 
     described under paragraph (2).
       (B) Notice prohibited.--
       (i) Notice prohibited in cases of national security.--If an 
     appropriate Federal banking agency requests or orders a 
     depository institution to terminate a specific customer 
     account or a group of customer accounts based on a belief 
     that the customer or customers pose a threat to national 
     security, or are otherwise described under subsection (a)(2), 
     neither the depository institution nor the appropriate 
     Federal banking agency may inform the customer or customers 
     of the justification for the customer's account termination.
       (ii) Notice prohibited in other cases.--If an appropriate 
     Federal banking agency determines that the notice required 
     under subparagraph (A) may interfere with an authorized 
     criminal investigation, neither the depository institution 
     nor the appropriate Federal banking agency may inform the 
     specific customer or group of customers of the justification 
     for the customer's account termination.
       (4) Reporting requirement.--Each appropriate Federal 
     banking agency shall issue an annual report to the Congress 
     stating--
       (A) the aggregate number of specific customer accounts that 
     the agency requested or ordered a depository institution to 
     terminate during the previous year; and
       (B) the legal authority on which the agency relied in 
     making such requests and orders and the frequency on which 
     the agency relied on each such authority.
       (5) Definitions.--For purposes of this subsection:
       (A) Appropriate federal banking agency.--The term 
     ``appropriate Federal banking agency'' means--
       (i) the appropriate Federal banking agency, as defined 
     under section 3 of the Federal Deposit Insurance Act (12 
     U.S.C. 1813); and
       (ii) the National Credit Union Administration, in the case 
     of an insured credit union.
       (B) Depository institution.--The term ``depository 
     institution'' means--
       (i) a depository institution, as defined under section 3 of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813); and
       (ii) an insured credit union.
       (n) Definitions.--In this section:
       (1) Business of insurance.--The term ``business of 
     insurance'' has the meaning given such term in section 1002 
     of the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (12 U.S.C. 5481).
       (2) Cannabis.--The term ``cannabis'' has the meaning given 
     the term ``marihuana'' in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802).
       (3) Cannabis product.--The term ``cannabis product'' means 
     any article which contains cannabis, including an article 
     which is a concentrate, an edible, a tincture, a cannabis-
     infused product, or a topical.
       (4) Cannabis-related legitimate business.--The term 
     ``cannabis-related legitimate business'' means a 
     manufacturer, producer, or any person or company that--
       (A) engages in any activity described in subparagraph (B) 
     pursuant to a law established by a State or a political 
     subdivision of a State, as determined by such State or 
     political subdivision; and
       (B) participates in any business or organized activity that 
     involves handling cannabis or cannabis products, including 
     cultivating, producing, manufacturing, selling, transporting, 
     displaying, dispensing, distributing, or purchasing cannabis 
     or cannabis products.
       (5) Depository institution.--The term ``depository 
     institution'' means--
       (A) a depository institution as defined in section 3(c) of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
       (B) a Federal credit union as defined in section 101 of the 
     Federal Credit Union Act (12 U.S.C. 1752); or
       (C) a State credit union as defined in section 101 of the 
     Federal Credit Union Act (12 U.S.C. 1752).
       (6) Federal banking regulator.--The term ``Federal banking 
     regulator'' means each of the Board of Governors of the 
     Federal Reserve System, the Bureau of Consumer Financial 
     Protection, the Federal Deposit Insurance Corporation, the 
     Federal Housing Finance Agency, the Financial Crimes 
     Enforcement Network, the Office of Foreign Asset Control, the 
     Office of the Comptroller of the Currency, the National 
     Credit Union Administration, the Department of the Treasury, 
     or any Federal agency or department that regulates banking or 
     financial services, as determined by the Secretary of the 
     Treasury.
       (7) Financial service.--The term ``financial service''--
       (A) means a financial product or service, as defined in 
     section 1002 of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (12 U.S.C. 5481);
       (B) includes the business of insurance;
       (C) includes, whether performed directly or indirectly, the 
     authorizing, processing, clearing, settling, billing, 
     transferring for deposit, transmitting, delivering, 
     instructing to be delivered, reconciling, collecting, or 
     otherwise effectuating or facilitating of payments or funds, 
     where such payments or funds are made or transferred by any 
     means, including by the use of credit cards, debit cards, 
     other payment cards, or other access devices, accounts, 
     original or substitute checks, or electronic funds transfers;
       (D) includes acting as a money transmitting business which 
     directly or indirectly makes use of a depository institution 
     in connection with effectuating or facilitating a payment for 
     a cannabis-related legitimate business or service provider in 
     compliance with section 5330 of title 31, United States Code, 
     and any applicable State law; and
       (E) includes acting as an armored car service for 
     processing and depositing with a depository institution or a 
     Federal reserve bank with respect to any monetary instruments 
     (as defined under section 1956(c)(5) of title 18, United 
     States Code.
       (8) Indian country.--The term ``Indian country'' has the 
     meaning given that term in section 1151 of title 18.
       (9) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given that term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       (10) Insurer.--The term ``insurer'' has the meaning given 
     that term under section 313(r) of title 31, United States 
     Code.
       (11) Manufacturer.--The term ``manufacturer'' means a 
     person who manufactures, compounds, converts, processes, 
     prepares, or packages cannabis or cannabis products.
       (12) Producer.--The term ``producer'' means a person who 
     plants, cultivates, harvests, or in any way facilitates the 
     natural growth of cannabis.
       (13) Service provider.--The term ``service provider''--
       (A) means a business, organization, or other person that--

[[Page H5376]]

       (i) sells goods or services to a cannabis-related 
     legitimate business; or
       (ii) provides any business services, including the sale or 
     lease of real or any other property, legal or other licensed 
     services, or any other ancillary service, relating to 
     cannabis; and
       (B) does not include a business, organization, or other 
     person that participates in any business or organized 
     activity that involves handling cannabis or cannabis 
     products, including cultivating, producing, manufacturing, 
     selling, transporting, displaying, dispensing, distributing, 
     or purchasing cannabis or cannabis products.
       (14) State.--The term ``State'' means each of the several 
     States, the District of Columbia, Puerto Rico, and any 
     territory or possession of the United States.
       (o) Discretionary Surplus Funds.--Section 7(a)(3)(A) of the 
     Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by 
     striking ``$6,825,000,000'' and inserting ``$6,821,000,000''.

     SEC. 607. SUPPORT FOR RESTAURANTS.

       (a) Short Title.--This section may be cited as the ``Real 
     Economic Support That Acknowledges Unique Restaurant 
     Assistance Needed To Survive Act of 2020'' or the 
     ``RESTAURANTS Act of 2020''.
       (b) Definitions.--In this section:
       (1) Covered period.--The term ``covered period'' means the 
     period beginning on February 15, 2020, and ending on June 30, 
     2021.
       (2) Eligible entity.--The term ``eligible entity''--
       (A) means a restaurant, food stand, food truck, food cart, 
     caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting 
     room, taproom, licensed facility, or premise of a beverage 
     alcohol producer where the public may taste, sample or 
     purchase products, or other similar place of business--
       (i) in which the public or patrons assemble for the primary 
     purpose of being served food or drink; and
       (ii) that, as of March 13, 2020, is not part of a chain or 
     franchise with more than 20 locations doing business under 
     the same name, regardless of the type of ownership of the 
     locations;
       (B) means an entity that is located in an airport terminal 
     and that, as of March 13, 2020, sold any food and beverage, 
     if, as of March 13, 2020, the entity is not part of a chain 
     or franchise with more than 20 locations doing business under 
     the same name, regardless of the type of ownership of the 
     locations; and
       (C) does not include an entity described in subparagraph 
     (A) or (B) that is--
       (i) publicly-traded, including a subsidiary or affiliate 
     thereof; or
       (ii) part of a State or local government facility, not 
     including an airport.
       (3) Fund.--The term ``Fund'' means the Restaurant 
     Revitalization Fund established under section subsection (c).
       (4) Immediate family member.--With respect to an 
     individual, the term ``immediate family member'' means any 
     parent or child of the individual.
       (5) Payroll costs.--The term ``payroll costs'' has the 
     meaning given the term in section 7(a)(36)(A) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(A)).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (c) Establishment of a Restaurant Revitalization Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the Restaurant 
     Revitalization Fund.
       (2) Appropriations.--
       (A) In general.--There is appropriated to the Fund, out of 
     amounts in the Treasury not otherwise appropriated, 
     $120,000,000,000, to remain available until June 30, 2021.
       (B) Remainder to treasury.--Any amounts remaining in the 
     Fund after June 30, 2021 shall be deposited in the general 
     fund of the Treasury.
       (3) Use of funds.--The Secretary shall use amounts in the 
     Fund to make grants described in section subsection (d).
       (d) Restaurant Revitalization Grants.--
       (1) In general.--The Secretary shall award grants to 
     eligible entities in the order in which the application is 
     received by the Secretary.
       (2) Registration.--The Secretary shall register each grant 
     awarded under this subsection using the employer 
     identification number of the eligible entity.
       (3) Application.--
       (A) In general.--An eligible entity desiring a grant under 
     this subsection shall submit to the Secretary an application 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       (B) Certification.--An eligible entity applying for a grant 
     under this subsection shall make a good faith certification--
       (i) that the uncertainty of current economic conditions 
     makes necessary the grant request to support the ongoing 
     operations of the eligible entity;
       (ii) acknowledging that funds will be used to retain 
     workers, for payroll costs, and for other allowable expenses 
     described in paragraph (5) and not for any other purposes;
       (iii) that the eligible entity does not have an application 
     pending for a grant under subsection (a)(36) or (b)(2) of 
     section 7 of the Small Business Act (15 U.S.C. 636) for the 
     same purpose and that is duplicative of amounts applied for 
     or received under this section; and
       (iv) during the covered period, that the eligible entity 
     has not received amounts under subsection (a)(36) or (b)(2) 
     of section 7 of the Small Business Act (15 U.S.C. 636) for 
     the same purpose and that is duplicative of amounts applied 
     for or received under this section.
       (C) Hold harmless.--An eligible entity applying for a grant 
     under this subsection shall not be ineligible for a grant if 
     the eligible entity is able to document--
       (i) an inability to rehire individuals who were employees 
     of the eligible entity on February 15, 2020; and
       (ii) an inability to hire similarly qualified employees for 
     unfilled positions on or before June 30, 2021.
       (4) Priority in awarding grants.--During the initial 14-day 
     period in which the Secretary awards grants under this 
     subsection, the Secretary shall--
       (A) prioritize awarding grants to marginalized and 
     underrepresented communities, with a focus on women- and 
     minority-owned, and women- and minority-operated eligible 
     entities; and
       (B) only award grants to eligible entities with annual 
     revenues of less than $1,500,000.
       (5) Grant amount.--
       (A) Determination of grant amount.--
       (i) In general.--The amount of a grant made to an eligible 
     entity under this subsection shall be equal to--

       (I) the sum of the revenues or estimated revenues of the 
     eligible entity during each calendar quarter in 2020 
     subtracted from the sum of such revenues during the same 
     calendar quarter in 2019, if such sum is greater than zero; 
     and
       (II) if applicable, the additional amount required to pay 
     for sick leave described under clause (ii).

       (ii) Sick leave.--An eligible entity applying for a grant 
     under this section--

       (I) may request an additional grant amount based on the 
     amount required to provide 10 days of paid sick leave to each 
     employee of the entity to--

       (aa) care for themselves or an immediate family member who 
     is ill; or
       (bb) provide care for children when schools or childcare 
     providers are shut down due to COVID-19; and

       (II) shall, if provided a grant under this section that 
     includes an additional amount for sick leave described under 
     subclause (I), provide each employee of the entity with such 
     10 days of paid sick leave.

       (iii) Verification.--An eligible entity shall submit to the 
     Secretary such revenue verification documentation as the 
     Secretary may require to determine the amount of a grant 
     under clause (i).
       (iv) Repayment.--Any amount of a grant made under this 
     subsection to an eligible entity based on estimated revenues 
     in a calendar quarter in 2020 that is greater than the actual 
     revenues of the eligible entity during that calendar quarter 
     shall be converted to a loan that has--

       (I) an interest rate of 1 percent; and
       (II) a maturity date of 10 years beginning on January 1, 
     2021.

       (B) Reduction based on ppp forgiveness or eidl emergency 
     grant.--If an eligible entity has, at the time of application 
     for a grant under this subsection, received an advance under 
     section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) or loan 
     forgiveness under section 1106 of such Act (15 U.S.C. 9005) 
     related to expenses incurred during the covered period, the 
     maximum amount of a grant awarded to the eligible entity 
     under this subsection shall be reduced by the amount of funds 
     expended by or forgiven for the eligible entity for those 
     expenses using amounts received under such section 1110(e) or 
     forgiven under such section 1106.
       (C) Limitation.--An eligible entity may not receive more 
     than 1 grant under this subsection.
       (6) Use of funds.--
       (A) In general.--During the covered period, an eligible 
     entity that receives a grant under this subsection may use 
     the grant funds for--
       (i) payroll costs;
       (ii) payments of principal or interest on any mortgage 
     obligation;
       (iii) rent payments, including rent under a lease 
     agreement;
       (iv) utilities;
       (v) maintenance, including construction to accommodate 
     outdoor seating;
       (vi) supplies, including protective equipment and cleaning 
     materials;
       (vii) food, beverage, and operational expenses that are 
     within the scope of the normal business practice of the 
     eligible entity before the covered period;
       (viii) debt obligations to suppliers that were incurred 
     before the covered period;
       (ix) costs associated with providing employees with 10 days 
     of sick leave, as described under paragraph (5)(A)(ii); and
       (x) any other expenses that the Secretary determines to be 
     essential to maintaining the eligible entity.
       (B) Returning funds.--If an eligible entity that receives a 
     grant under this subsection permanently ceases operations on 
     or before June 30, 2021, the eligible entity shall return to 
     the Treasury any funds that the eligible entity did not use 
     for the allowable expenses under subparagraph (A).
       (C) Conversion to loan.--Any grant amounts received by an 
     eligible entity under this subsection that are unused after 
     June 30, 2021, shall be immediately converted to a loan 
     with--
       (i) an interest rate of 1 percent; and
       (ii) a maturity date of 10 years.
       (7) Regulations.--Not later than 15 days after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     to carry out this subsection without regard to the notice and 
     comment requirements under section 553 of title 5, United 
     States Code.
       (8) Appropriations for staffing and administrative 
     expenses.--
       (A) In general.--Of the amounts provided by paragraph 
     (2)(A), $300,000,000 shall be for staffing and administrative 
     expenses related to administering grants awarded under this 
     subsection.
       (B) Set aside.--Of amounts provided under subparagraph (A), 
     $60,000,000 shall be allocated for outreach to traditionally 
     marginalized and underrepresented communities, with a focus 
     on women, veteran, and minority-owned and operated eligible 
     entities, including the creation of a

[[Page H5377]]

     resource center targeted toward these communities.
       (e) Limitation With Respect to Private Funds.--
       (1) In general.--No amounts received under this section may 
     be directly or indirectly used to pay distributions, 
     dividends, consulting fees, advisory fees, interest payments, 
     or any other fees, expenses, or charges to--
       (A) a person registered as an investment adviser under the 
     Investment Advisers Act of 1940 who advises a private fund;
       (B) any affiliate of such adviser;
       (C) any executive of such adviser or affiliate; or
       (D) any employee, consultant, or other person with a 
     contractual relationship to provide services for or on behalf 
     of such adviser or affiliate.
       (2) Anti-evasion.--No company in which a private fund holds 
     an ownership interest that has, directly or indirectly, 
     received amounts under this title may pay any distributions, 
     dividends, consulting fees, advisory fees, interest payments, 
     or any other fees, expenses, or charges in excess of 10 
     percent of such company's net operating profits for the 
     calendar year ending December 31, 2020 (and for each 
     successive year until the covered period has ended and all 
     loans created under this section have been repaid) to--
       (A) a person registered as an investment adviser under the 
     Investment Advisers Act of 1940 who advises a private fund;
       (B) any affiliate of such adviser;
       (C) any executive of such adviser or affiliate; or
       (D) any employee, consultant, or other person with a 
     contractual relationship to provide services for or on behalf 
     of such adviser or affiliate.
       (3) Definitions.--In this section:
       (A) Affiliate.--The term ``affiliate'' means, with respect 
     to a person, any other person directly or indirectly 
     controlling, controlled by, or under direct or indirect 
     common control with such person. A person shall be deemed to 
     control another person if such person possesses, directly or 
     indirectly, the power to direct or cause the direction of the 
     management and policies of such other person, whether through 
     the ownership of voting securities, by contract, or 
     otherwise.
       (B) Executive.--The term ``executive'' means--
       (i) any individual who serves an executive or director of a 
     person, including the principal executive officer, principal 
     financial officer, comptroller or principal accounting 
     officer; and
       (ii) an executive officer, as defined under section 230.405 
     of title 17, Code of Federal Regulations.
       (C) Private find.--The term ``private fund'' means an 
     issuer that would be an investment company, as defined in the 
     Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), but 
     for section 3(c)(1) or 3(c)(7) of that Act.
       (f) Demographic Data and Transparency.--
       (1) Demographic data.--In establishing an application 
     process for carrying out this section, the Secretary shall 
     include a voluntary request for certain demographic data with 
     respect to the majority ownership of eligible entities, 
     including race, ethnicity, gender, and veteran-status.
       (2) Monthly reports.--Not later than the end of the first 
     month in which initial grants are disbursed under this 
     section, and every month thereafter until the date on which 
     the last grant has been disbursed under this section, the 
     Secretary shall submit to the Committee on Financial Services 
     of the House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report providing 
     the number and dollar amount of grants approved for or 
     disbursed to all eligible entities, including a list of 
     eligible entities with the grant amount they received, and a 
     breakout of the number and dollar of grants by State, 
     congressional district, demographics (including race, 
     ethnicity, gender, and veteran-status), and business type.
       (3) Quarterly reports.-- Beginning on January 1, 2021, and 
     every subsequent quarter until the last grant that was 
     converted to a loan under this section is repaid, the 
     Secretary shall submit to the Committee on Financial Services 
     of the House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report on the 
     number and dollar amount of grants approved for or disbursed 
     to all eligible entities, including a breakout of grants by 
     State, congressional district, demographics (including race, 
     ethnicity, gender, and veteran-status), and business type, as 
     well as the number and dollar amount of grants that converted 
     to loans under this section, including a breakout of 
     outstanding loans by State, congressional district, 
     demographics (including race, ethnicity, gender, and veteran-
     status), and business type.
       (4) Data transparency.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall make 
     available on a publicly available website in a standardized 
     and downloadable format, and update on a monthly basis, any 
     data contained in a report submitted under this section.

     SEC. 608. CODIFICATION OF THE MINORITY BUSINESS DEVELOPMENT 
                   ADMINISTRATION.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     Minority Business Development Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Minority Business Development 
     Administration.
       (3) Covered entity.--The term ``covered entity'' means a 
     private nonprofit organization that--
       (A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;
       (B) can demonstrate to the Administration that--
       (i) the primary mission of the organization is to provide 
     services to minority business enterprises, whether through 
     education, making grants, or other similar activities; and
       (ii) the organization is unable to pay financial 
     obligations incurred by the organization, including payroll 
     obligations; and
       (C) due to the effects of COVID-19, is unable to engage in 
     the same level of fundraising in the year in which this Act 
     is enacted, as compared with the year preceding the year in 
     which this Act is enacted, including through events or the 
     collection of fees.
       (4) Minority.--The term ``minority'' has the meaning given 
     the term in section 308(b) of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 and includes 
     any indigenous person in the United States or the territories 
     of the United States.
       (5) Minority business development center.--The term 
     ``minority business development center'' means a Business 
     Center of the Administration, including its Specialty Center 
     Program.
       (6) Minority business enterprise.--The term ``minority 
     business enterprise'' means a for-profit business 
     enterprise--
       (A) that is not less than 51 percent-owned by 1 or more 
     minority individuals; and
       (B) the management and daily business operations of which 
     are controlled by 1 or more minority individuals.
       (b) Minority Business Development Administration.--
       (1) Establishment.--
       (A) In general.--The Minority Business Development 
     Administration is hereby established.
       (B) Transfer of functions.--All functions that, immediately 
     before the date of enactment of this Act, were functions of 
     the Minority Business Development Agency of the Department of 
     Commerce shall be functions of the Administration.
       (C) Transfer of assets.--So much of the personnel, 
     property, records, and unexpended balances of appropriations, 
     allocations, and other funds employed, used, held, available, 
     or to be made available in connection with a function 
     transferred under subparagraph (B) shall be available to the 
     Administration for use in connection with the functions 
     transferred.
       (D) References.--Any reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Minority 
     Business Development Agency of the Department of Commerce is 
     deemed to refer to the Administration.
       (2) Administrator.--
       (A) Appointment and duties.--The Administration shall be 
     headed by an Administrator, who shall be--
       (i) appointed by the President, by and with the advice and 
     consent of the Senate; and
       (ii) except as otherwise expressly provided, responsible 
     for the administration of this Act.
       (B) Compensation.--The Administrator shall be compensated 
     at an annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       (C) Transition period.--The individual serving as the 
     Director of the Minority Business Development Agency on the 
     day before the date of enactment of this Act shall serve as 
     the Administrator of the Administration until such time as 
     the first Administrator is confirmed by the Senate pursuant 
     to subparagraph (A).
       (3) Report to congress.--Not later than 120 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to Congress a report that describes the organizational 
     structure of the Administration.
       (4) Administrative powers and other powers of the 
     administration; miscellaneous provisions.--
       (A) In general.--In carrying out the duties and the 
     responsibilities of the Administration, the Administrator 
     may--
       (i) hold hearings, sit and act, and take testimony as the 
     Administrator may determine to be necessary or appropriate;
       (ii) acquire, in any lawful manner, any property that the 
     Administrator may determine to be necessary or appropriate;
       (iii) make advance payments under grants, contracts, and 
     cooperative agreements awarded by the Administration;
       (iv) enter into agreements with other Federal agencies;
       (v) coordinate with the heads of the Offices of Small and 
     Disadvantaged Business Utilization of Federal agencies;
       (vi) require a coordinated review of all training and 
     technical assistance activities that are proposed to be 
     carried out by Federal agencies in direct support of the 
     development of minority business enterprises to--

       (I) assure consistency with the purposes of this Act; and
       (II) avoid duplication of existing efforts; and

       (vii) prescribe such rules, regulations, and procedures as 
     the Administration may determine to be necessary or 
     appropriate.
       (B) Employment of certain experts and consultants.--
       (i) In general.--The Administrator may employ experts and 
     consultants or organizations that are composed of experts or 
     consultants, as authorized under section 3109 of title 5, 
     United States Code.
       (ii) Renewal of contracts.--The Administrator may annually 
     renew a contract for employment of an individual employed 
     under clause (i).
       (C) Donation of property.--
       (i) In general.--Subject to clause (ii), the Administrator 
     may, without cost (except for costs of care and handling), 
     donate for use by any public sector entity, or by any 
     recipient nonprofit organization, for the purpose of the 
     development of minority business enterprises, any real or 
     tangible personal property acquired by the Administration.
       (ii) Terms, conditions, reservations, and restrictions.--
     The Administrator may impose

[[Page H5378]]

     reasonable terms, conditions, reservations, and restrictions 
     upon the use of any property donated under clause (i).
       (c) Emergency Grants to Non-profits That Support Minority 
     Business Enterprises.--
       (1) Establishment.--Not later than 15 days after the date 
     of enactment of this Act, the Administration shall establish 
     a grant program for covered entities--
       (A) in order to help those covered entities continue the 
     necessary work of supporting minority business enterprises; 
     and
       (B) under which the Administration shall make grants to 
     covered entities as expeditiously as possible.
       (2) Application.--
       (A) In general.--A covered entity desiring a grant under 
     this subsection shall submit to the Administration an 
     application at such time, in such manner, and containing such 
     information as the Administration may require.
       (B) Priority.--The Administration shall--
       (i) establish selection criteria to ensure that, if the 
     amounts made available to carry out this subsection are not 
     sufficient to make a grant under this subsection to every 
     covered entity that submits an application under subparagraph 
     (A), the covered entities that are the most severely affected 
     by the effects of COVID-19 receive priority with respect to 
     those grants; and
       (ii) give priority with respect to the grants made under 
     this subsection to a covered entity that proposes to use the 
     grant funds for--

       (I) providing paid sick leave to employees of the covered 
     entity who are unable to work due to the direct effects of 
     COVID-19;
       (II) continuing to make payroll payments in order to retain 
     employees of the covered entity during an economic disruption 
     with respect to COVID-19;
       (III) making rent or mortgage payments with respect to 
     obligations of the covered entity; or
       (IV) repaying non-Federal obligations that the covered 
     entity cannot satisfy because of revenue losses that are 
     attributable to the effects of COVID-19.

       (3) Amount of grant.--
       (A) In general.--A grant made under this subsection shall 
     be in an amount that is not more than $500,000.
       (B) Single award.--No covered entity may receive, or 
     directly benefit from, more than 1 grant made under this 
     subsection.
       (4) Use of funds.--A covered entity that receives a grant 
     under this subsection may use the grant funds to address the 
     effects of COVID-19 on the covered entity, including by 
     making payroll payments, making a transition to the provision 
     of online services, and addressing issues raised by an 
     inability to raise funds.
       (5) Procedures.--The Administration shall establish 
     procedures to discourage and prevent waste, fraud, and abuse 
     by applicants for, and recipients of, grants made under this 
     subsection.
       (6) Non-duplication.--The Administration shall ensure that 
     covered entities do not receive grants under both this 
     subsection and section 1108 of the CARES Act.
       (7) GAO audit.--Not later than 180 days after the date on 
     which the Administration begins making grants under this 
     subsection, the Comptroller General of the United States 
     shall--
       (A) conduct an audit of grants made under this subsection, 
     which shall seek to identify any discrepancies or 
     irregularities with respect to the grants; and
       (B) submit to Congress a report regarding the audit 
     conducted under subparagraph (A).
       (8) Updates to congress.--Not later than 30 days after the 
     date of enactment of this Act, and once every 30 days 
     thereafter until the date described in paragraph (11), the 
     Administrator shall submit to Congress a report that 
     contains--
       (A) the number of grants made under this subsection during 
     the period covered by the report; and
       (B) with respect to the grants described in subparagraph 
     (A), the geographic distribution of those grants by State and 
     county.
       (9) Termination.--The authority to make grants under this 
     subsection shall terminate on September 30, 2021.
       (d) Outreach to Business Centers.--
       (1) In general.--Not later than 10 days after the date of 
     enactment of this Act, the Administration shall conduct 
     outreach to the business center network of the Administration 
     to provide guidance to those centers regarding other Federal 
     programs that are available to provide support to minority 
     business enterprises, including programs at the Department of 
     the Treasury, the Small Business Administration, and the 
     Economic Development Administration of the Department of 
     Commerce.
       (2) Outreach to native communities.--
       (A) In general.--In carrying out this subsection, the 
     Administration shall ensure that outreach is conducted in 
     American Indian, Alaska Native, and Native Hawaiian 
     communities.
       (B) Direct outreach to certain minority business 
     enterprises.--If the Administrator determines that a 
     particular American Indian, Alaska Native, or Native Hawaiian 
     community does not receive sufficient grant amounts under 
     subsection (c) or section 1108 of the CARES Act, the 
     Administrator shall carry out additional outreach directly to 
     minority business enterprises located in that community to 
     provide guidance regarding Federal programs that are 
     available to provide support to minority business 
     enterprises.
       (3) Use of appropriated funds.--If, after carrying out this 
     subsection, there are remaining funds made available to carry 
     out this subsection from the amount appropriated under 
     subsection (e), the Administration may use those remaining 
     funds to carry out other responsibilities of the 
     Administration under subsection (c).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administration, in additional to 
     any other amounts so authorized, for the fiscal year ending 
     September 30, 2020, to remain available until September 30, 
     2021, $60,000,000, of which--
       (1) $10,000,000 are authorized for carrying out subsection 
     (c);
       (2) $5,000,000 are authorized for carrying out subsection 
     (d); and
       (3) $10,000,000 are authorized to be allocated to the White 
     House Initiative on Asian Americans and Pacific Islanders.
       (f) Audits.--
       (1) Recordkeeping requirement.--Each recipient of 
     assistance under this section shall keep such records as the 
     Administrator shall prescribe, including records that fully 
     disclose, with respect to the assistance received by the 
     recipient under this section--
       (A) the amount and nature of that assistance;
       (B) the disposition by the recipient of the proceeds of 
     that assistance;
       (C) the total cost of the undertaking for which the 
     assistance is given or used;
       (D) the amount and nature of the portion of the cost of the 
     undertaking described in subparagraph (C) that is supplied by 
     a source other than the Administration; and
       (E) any other records that will facilitate an effective 
     audit of the assistance.
       (2) Access by government officials.--The Administrator and 
     the Comptroller General of the United States shall have 
     access, for the purpose of audit, investigation, and 
     examination, to any book, document, paper, record, or other 
     material of a recipient of assistance.
       (g) Review and Report by Comptroller General.--Not later 
     than 4 years after the date of enactment of this Act, the 
     Comptroller General of the United States shall--
       (1) conduct a thorough review of the programs carried out 
     under this section; and
       (2) submit to Congress a detailed report of the findings of 
     the Comptroller General under the review carried out under 
     paragraph (1), which shall include--
       (A) an evaluation of the effectiveness of the programs in 
     achieving the purposes of this section;
       (B) a description of any failure by any recipient of 
     assistance under this section to comply with the requirements 
     under this section; and
       (C) recommendations for any legislative or administrative 
     action that should be taken to improve the achievement of the 
     purposes of this section.
       (h) Annual Reports; Recommendations.--
       (1) Annual report.--Not later than 90 days after the last 
     day of each fiscal year, the Administrator shall submit to 
     Congress, and publish on the website of the Administration, a 
     report of each activity of the Administration carried out 
     under this section during the fiscal year preceding the date 
     on which the report is submitted.
       (2) Recommendations.--The Administrator shall periodically 
     submit to Congress and the President recommendations for 
     legislation or other actions that the Administrator 
     determines to be necessary or appropriate to promote the 
     purposes of this section.
       (i) Executive Order 11625.--The powers and duties of the 
     Administration shall be determined--
       (1) in accordance with this section and the requirements of 
     this section; and
       (2) without regard to Executive Order 11625 (36 Fed. Reg. 
     19967; relating to prescribing additional arrangements for 
     developing and coordinating a national program for minority 
     business enterprise).
       (j) Amendment to the Federal Acquisition Streamlining Act 
     of 1994.--Section 7104(c) of the Federal Acquisition 
     Streamlining Act of 1994 (15 U.S.C. 644a(c)) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) The Administrator of the Minority Business 
     Development Administration.''.

     SEC. 609. EMERGENCY GRANTS TO MINORITY BUSINESS ENTERPRISES.

       (a) Grants During the COVID-19 Pandemic.--The Minority 
     Business Development Agency shall provide grants to address 
     the needs of minority business enterprises impacted by the 
     COVID-19 pandemic.
       (b) Recipients.--The Agency may make grants through non-
     profit organizations or directly to minority business 
     enterprises.
       (c) Priority Areas.--In providing grants pursuant to 
     subsection (a), the Agency shall prioritize providing 
     assistance to--
       (1) minority business enterprises that have been unable to 
     obtain loans from the Small Business Administration's 
     Paycheck Protection Program and other programs established 
     under the CARES Act;
       (2) minority business enterprises located in low-income 
     areas or areas that have been significantly impacted by the 
     COVID-19 pandemic; and
       (3) minority business enterprises that do not have access 
     to capital and whose business is substantially impaired 
     because of the impact of stay-at-home orders implemented by 
     State and local governments due to the COVID-19 pandemic.
       (d) Terms and Conditions.--
       (1) In general.--The Secretary of Commerce, acting through 
     the Minority Business Development Agency, shall set such 
     terms and conditions for the grants made under this section 
     as the Secretary determines appropriate.
       (2) Notification.--No later than 15 days prior to making 
     any grants under this section, the Secretary, acting through 
     the Agency, shall provide the terms and conditions for grants 
     made under this section to the Committee on Financial 
     Services of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.
       (e) GAO Oversight.--Not later than six months after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall provide a report on the effectiveness of 
     the grants made under this section, including the manner in 
     which the Agency implemented the priorities described in 
     subsection (c).

[[Page H5379]]

       (f) Definitions.--In this section:
       (1) Minority.--The term ``minority'' has the meaning given 
     the term in section 308(b) of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 and includes 
     any indigenous person in the United States or the territories 
     of the United States.
       (2) Minority business enterprise.--The term ``minority 
     business enterprise'' means a for-profit business 
     enterprise--
       (A) that is not less than 51 percent-owned by 1 or more 
     minority individuals; and
       (B) the management and daily business operations of which 
     are controlled by 1 or more minority individuals.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated $3,000,000,000 to carry out this section. 
     Such funds are authorized to be appropriated to remain 
     available until expended.

    TITLE VII--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH 
                           INCLUSIVE LENDING

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Promoting and Advancing 
     Communities of Color through Inclusive Lending Act''.

     SEC. 702. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--The Congress finds the following:
       (1) The Coronavirus 2019 (COVID-19) pandemic and the 
     resulting recession have led to more than 4.8 million cases 
     and at least 157,000 deaths in the United States as of August 
     6, 2020; a 7.6 percent increase in the unemployment rate from 
     February to June, or approximately 12 million more persons 
     who have lost their job; and an estimated 36 percent of 
     renters and 4.1 million homeowners who are struggling to pay 
     their rent and mortgages.
       (2) According to the Centers for Disease Control, ``long-
     standing systemic health and social inequities have put some 
     members of racial and ethnic minority groups at increased 
     risk of getting COVID-19 or experiencing severe illness''.
       (3) Minority-owned businesses are also facing more 
     difficult economic circumstances than others as a result of 
     the COVID-19 pandemic. In April 2020, the Federal Reserve 
     Bank of New York reported that minority- and women-owned 
     businesses were not only more likely to show signs of limited 
     financial health, but also twice as likely to be classified 
     as ``at risk'' or ``distressed'' than their non-minority 
     counterparts.
       (4) During the Coronavirus 2019 (COVID-19) pandemic, 
     community development financial institutions (CDFIs) and 
     minority depository institutions (MDIs) have delivered needed 
     capital and relief to underserved communities, many of which 
     have borne a disproportionate impact of the COVID-19 
     pandemic. Through August 8, 2020, CDFIs and MDIs have 
     provided more than $16.4 billion in Paycheck Protection 
     Program (PPP) loans to small businesses with a smaller median 
     loan size of about $74,000 compared to the overall program 
     median loan size of $101,000.
       (5) In addition to establishing relief funds and services 
     for local businesses and individuals experiencing loss of 
     income, CDFIs and MDIs have provided mortgage forbearances, 
     loan deferments, and modifications to help address the needs 
     of their borrowers. CDFIs and MDIs are reaching underserved 
     communities and minority-owned businesses at a critical time.
       (6) The Community Development Financial Institutions Fund 
     (CDFI Fund) is an agency of the U.S. Department of the 
     Treasury and was established by the Riegle Community 
     Development and Regulatory Improvement Act of 1994. The 
     mission of the CDFI Fund is ``to expand economic opportunity 
     for underserved people and communities by supporting the 
     growth and capacity of a national network of community 
     development lenders, investors, and financial service 
     providers''. As of September 15, 2020, there were 1,137 
     certified CDFIs in all 50 States, District of Columbia, Guam, 
     and Puerto Rico.
       (7) Following the 2008 financial crisis and the 
     disproportionate impact the Great Recession had on minority 
     communities, the number of MDI banks fell more than 30 
     percent over the following decade, to 143 as of the second 
     quarter of 2020. Meanwhile, MDI credit unions have seen 
     similar declines, with more than one-third of such 
     institutions disappearing since 2013.
       (b) Sense of Congress.--The following is the sense of the 
     Congress:
       (1) The Department of the Treasury, Board of Governors of 
     the Federal Reserve System, Small Business Administration 
     (SBA), Office of the Comptroller of the Currency, Federal 
     Deposit Insurance Corporation, National Credit Union 
     Administration, and other Federal agencies should take steps 
     to support, engage with, and utilize minority depository 
     institutions and community development financial institutions 
     in the near term, especially as they carry out programs to 
     respond to the COVID-19 pandemic, and the long term.
       (2) The Board of Governors of the Federal Reserve System 
     should, consistent with its mandates, work to increase 
     lending by minority depository institutions and community 
     development financial institutions to underserved 
     communities, and when appropriate, should work with the 
     Department of the Treasury to increase lending by minority 
     depository institutions and community development financial 
     institutions to underserved communities.
       (3) The Department of the Treasury and prudential 
     regulators should establish a strategic plan identifying 
     concrete steps that they can take to support existing 
     minority depository institutions, as well as the formation of 
     new minority depository institutions consistent with the 
     goals established in the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (FIRREA) to preserve 
     and promote minority depository institutions.
       (4) Congress should increase funding and make other 
     enhancements, including those provided by this legislation, 
     to enhance the effectiveness of the CDFI Fund, especially 
     reforms to support minority-owned and minority led CDFIs in 
     times of crisis and beyond.
       (5) Congress should conduct robust and ongoing oversight of 
     the Department of the Treasury, CDFI Fund, Federal prudential 
     regulators, SBA, and other Federal agencies to ensure they 
     fulfill their obligations under the law as well as implement 
     this title and other laws in a manner that supports and fully 
     utilizes minority depository institutions and community 
     development financial intuitions, as appropriate.
       (6) The investments made by the Secretary of the Treasury 
     under this title and the amendments made by this title should 
     be designed to maximize the benefit to low- and moderate-
     income and minority communities and contemplate losses to 
     capital of the Treasury.

     SEC. 703. PURPOSE.

       The purpose of this title is to--
       (1) establish programs to revitalize and provide long-term 
     financial products and service availability for, and provide 
     investments in, low- and moderate-income and minority 
     communities;
       (2) respond to the unprecedented loss of Black-owned 
     businesses and unemployment; and
       (3) otherwise enhance the stability, safety and soundness 
     of community financial institutions that support low- and 
     moderate-income and minority communities.

     SEC. 704. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.

       (a) In General.--In exercising the authorities under this 
     title and the amendments made by this title, the Secretary of 
     the Treasury shall take into consideration--
       (1) increasing the availability of affordable credit for 
     consumers, small businesses, and nonprofit organizations, 
     including for projects supporting affordable housing, 
     community-serving real estate, and other projects, that 
     provide direct benefits to low- and moderate-income 
     communities, low-income and underserved individuals, and 
     minorities;
       (2) providing funding to minority-owned or minority-led 
     eligible institutions and other eligible institutions that 
     have a strong track record of serving minority small 
     businesses;
       (3) protecting and increasing jobs in the United States;
       (4) increasing the opportunity for small business, 
     affordable housing and community development in geographic 
     areas and demographic segments with poverty and high 
     unemployment rates that exceed the average in the United 
     States;
       (5) ensuring that all low- and moderate-income community 
     financial institutions may apply to participate in the 
     programs established under this title and the amendments made 
     by this title, without discrimination based on geography;
       (6) providing transparency with respect to use of funds 
     provided under this title and the amendments made by this 
     title;
       (7) promoting and engaging in financial education to would-
     be borrowers; and
       (8) providing funding to eligible institutions that serve 
     consumers, small businesses, and nonprofit organizations to 
     support affordable housing, community-serving real estate, 
     and other projects that provide direct benefits to low- and 
     moderate-income communities, low-income individuals, and 
     minorities directly affected by the COVID-19 pandemic.
       (b) Requirement for Creditors.--Any creditor participating 
     in a program established under this title or the amendments 
     made by this title shall fully comply with all applicable 
     statutory and regulatory requirements relating to fair 
     lending.

     SEC. 705. NEIGHBORHOOD CAPITAL INVESTMENT PROGRAM.

       Title IV of the CARES Act (Public Law 116-136) is amended--
       (1) in section 4002 (15 U.S.C. 9041)--
       (A) by redesignating paragraphs (7) through (10) as 
     paragraphs (9) through (12), respectively; and
       (B) by inserting after paragraph (6) the following:
       ``(7) Low- and moderate-income community financial 
     institution.--The term `low- and moderate-income community 
     financial institution' means any financial institution that 
     is--
       ``(A) a community development financial institution, as 
     defined in section 103 of the Riegle Community Development 
     and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); or
       ``(B) a minority depository institution.
       ``(8) Minority depository institution.--The term `minority 
     depository institution'--
       ``(A) has the meaning given that term under section 308 of 
     the Financial Institutions Reform, Recovery, and Enforcement 
     Act of 1989 (12 U.S.C. 1463 note);
       ``(B) means an entity considered to be a minority 
     depository institution by--
       ``(i) the appropriate Federal banking agency (as such term 
     is defined under section 3 of the Federal Deposit Insurance 
     Act); or
       ``(ii) the National Credit Union Administration, in the 
     case of an insured credit union; and
       ``(C) means an entity listed in the Federal Deposit 
     Insurance Corporation's Minority Depository Institutions List 
     published for the Second Quarter 2020.'';
       (2) in section 4003 (15 U.S.C. 9042), by adding at the end 
     the following:
       ``(i) Neighborhood Capital Investment Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `community development financial 
     institution' has the meaning given the term in section 103 of 
     the Riegle Community Development and Regulatory Improvement 
     Act of 1994 (12 U.S.C. 4702);

[[Page H5380]]

       ``(B) the term `Fund' means the Community Development 
     Financial Institutions Fund established under section 104(a) 
     of the Riegle Community Development and Regulatory 
     Improvement Act of 1994 (12 U.S.C. 4703(a));
       ``(C) the term `minority' means any Black American, Native 
     American, Hispanic American, or Asian American;
       ``(D) the term `Program' means the Neighborhood Capital 
     Investment Program established under paragraph (2); and
       ``(E) the `Secretary' means the Secretary of the Treasury.
       ``(2) Establishment.--The Secretary of the Treasury shall 
     establish a Neighborhood Capital Investment Program (the 
     `Program') to support the efforts of low- and moderate-income 
     community financial institutions to, among other things, 
     provide loans and forbearance for small businesses, minority-
     owned businesses, and consumers, especially in low-income and 
     underserved communities, by providing direct capital 
     investments in low- and moderate-income community financial 
     institutions.
       ``(3) Application.--
       ``(A) Acceptance.--The Secretary shall begin accepting 
     applications for capital investments under the Program not 
     later than the end of the 30-day period beginning on the date 
     of enactment of this subsection, with priority in 
     distribution given to low- and moderate-income community 
     financial institutions that are minority lending 
     institutions, as defined under section 103 of the Community 
     Development Banking and Financial Institutions Act of 1994 
     (12 U.S.C. 4702).
       ``(B) Requirement to provide a neighborhood investment 
     lending plan.--
       ``(i) In general.--At the time that an applicant submits an 
     application to the Secretary for a capital investment under 
     the Program, the applicant shall provide the Secretary, along 
     with the appropriate Federal banking agency, an investment 
     and lending plan that--

       ``(I) demonstrates that not less than 30 percent of the 
     lending of the applicant over the past 2 fiscal years was 
     made directly to low- and moderate income borrowers, to 
     borrowers that create direct benefits for low- and moderate-
     income populations, to other targeted populations as defined 
     by the Fund, or any combination thereof, as measured by the 
     total number and dollar amount of loans;
       ``(II) describes how the business strategy and operating 
     goals of the applicant will address community development 
     needs, which includes the needs of small businesses, 
     consumers, nonprofit organizations, community development, 
     and other projects providing direct benefits to low- and 
     moderate-income communities, low-income individuals, and 
     minorities within the minority, rural, and urban low-income 
     and underserved areas served by the applicant;
       ``(III) includes a plan to provide linguistically and 
     culturally appropriate outreach, where appropriate;
       ``(IV) includes an attestation by the applicant that the 
     applicant does not own, service, or offer any financial 
     products at an annual percentage rate of more than 36 percent 
     interest, as defined in section 987(i)(4) of title 10, United 
     States Code, and is compliant with State interest rate laws; 
     and
       ``(V) includes details on how the applicant plans to expand 
     or maintain significant lending or investment activity in 
     low- or moderate-income minority communities, to historically 
     disadvantaged borrowers, and to minorities that have 
     significant unmet capital or financial services needs.

       ``(ii) Community development loan funds.--An applicant that 
     is not an insured community development financial institution 
     or otherwise regulated by a Federal financial regulator shall 
     submit the plan described in clause (i) only to the 
     Secretary.
       ``(iii) Documentation.--In the case of an applicant that is 
     certified as a community development financial institution as 
     of the date of enactment of this subsection, for purposes of 
     clause (i)(I), the Secretary may rely on documentation 
     submitted the Fund as part of certification compliance 
     reporting.
       ``(4) Incentives to increase lending and provide affordable 
     credit.--
       ``(A) Requirements on preferred stock and other financial 
     instrument.--Any financial instrument issued to Treasury by a 
     low- and moderate-income community financial institution 
     under the Program shall provide the following:
       ``(i) No dividends, interest or other payments shall exceed 
     2 percent per annum.
       ``(ii) After the first 24 months from the date of the 
     capital investment under the Program, annual payments may be 
     required, as determined by the Secretary and in accordance 
     with this section, and adjusted downward based on the amount 
     of affordable credit provided by the low- and moderate-income 
     community financial institution to borrowers in minority, 
     rural, and urban low-income and underserved communities.
       ``(iii) During any calendar quarter after the initial 24-
     month period referred to in clause (ii), the annual payment 
     rate of a low- and moderate-income community financial 
     institution shall be adjusted downward to reflect the 
     following schedule, based on lending by the institution 
     relative to the baseline period:

       ``(I) If the institution in the most recent annual period 
     prior to the investment provides significant lending or 
     investment activity in low- or moderate-income minority 
     communities, historically disadvantaged borrowers, and to 
     minorities that have significant unmet capital or financial 
     services, the annual payment rate shall not exceed 0.5 
     percent per annum.
       ``(II) If the amount of lending within minority, rural, and 
     urban low-income and underserved communities and to low- and 
     moderate-income borrowers has increased dollar for dollar 
     based on the amount of the capital investment, the annual 
     payment rate shall not exceed 1 percent per annum.
       ``(III) If the amount of lending within minority, rural, 
     and urban low-income and underserved communities and to low- 
     and moderate-income borrowers has increased by twice the 
     amount of the capital investment, the annual payment rate 
     shall not exceed 0.5 percent per annum.

       ``(B) Contingency of payments based on certain financial 
     criteria.--
       ``(i) Deferral.--Any annual payments under this subsection 
     shall be deferred in any quarter or payment period if any of 
     the following is true:

       ``(I) The low- and moderate-income community institution 
     fails to meet the Tier 1 capital ratio or similar ratio as 
     determined by the Secretary.
       ``(II) The low- and moderate-income community financial 
     institution fails to achieve positive net income for the 
     quarter or payment period.
       ``(III) The low- and moderate-income community financial 
     institution determines that the payment would be detrimental 
     to the financial health of the institution.

       ``(ii) Testing during next payment period.--Any deferred 
     annual payment under this subsection shall be tested against 
     the metrics described in clause (i) at the beginning of the 
     next payment period, and such payments shall continue to be 
     deferred until the metrics described in that clause are no 
     longer applicable.
       ``(5) Restrictions.--
       ``(A) In general.--Each low- and moderate-income community 
     financial institution may only issue financial instruments or 
     senior preferred stock under this subsection with an 
     aggregate principal amount that is--
       ``(i) not more than 15 percent of risk-weighted assets for 
     an institution with assets of more than $2,000,000,000;
       ``(ii) not more than 25 percent of risk-weighted assets for 
     an institution with assets of not less than $500,000,000 and 
     not more than $2,000,000,000; and
       ``(iii) not more than 30 percent of risk-weighted assets 
     for an institution with assets of less than $500,000,000.
       ``(B) Holding of instruments.--Holding any instrument of a 
     low- and moderate-income community financial institution 
     described in subparagraph (A) shall not give the Treasury or 
     any successor that owns the instrument any rights over the 
     management of the institution.
       ``(C) Sale of interest.--With respect to a capital 
     investment made into a low- and moderate-income community 
     financial institution under this subsection, the Secretary--
       ``(i) except as provided in clause (iv), during the 10-year 
     period following the investment, may not sell the interest of 
     the Secretary in the capital investment to a third party;
       ``(ii) shall provide the low- and moderate-income community 
     financial institution a right of first refusal to buy back 
     the investment under terms that do not exceed a value as 
     determined by an independent third party; and
       ``(iii) shall not sell more than a 5 percent ownership 
     interest in the capital investment to a single third party; 
     and
       ``(iv) with the permission of the institution, may gift or 
     sell the interest of the Secretary in the capital investment 
     for a de minimus amount to a mission aligned nonprofit 
     affiliate of an applicant that is an insured community 
     development financial institution, as defined in section 103 
     of the Riegle Community Development and Regulatory 
     Improvement Act of 1994 (12 U.S.C. 4702).
       ``(v) Calculation of ownership for minority depository 
     institutions.--The calculation and determination of ownership 
     thresholds for a depository institution to qualify as a 
     minority depository institution described in section 
     4002(7)(B) shall exclude any dilutive effect of equity 
     investments by the Federal Government, including under the 
     Program or through the Fund.
       ``(6) Available amounts.--In carrying out the Program, the 
     Secretary shall use not more than $13,000,000,000, from 
     amounts appropriated under section 4027, and shall use not 
     less than $7,000,000,000 of such amount for direct capital 
     investments under the Program.
       ``(7) Treatment of capital investments.--In making any 
     capital investment under the Program, the Secretary shall 
     ensure that the terms of the investment are designed to 
     ensure the investment receives Tier 1 capital treatment.
       ``(8) Outreach to minorities.--The Secretary shall require 
     low- and moderate-income community financial institutions 
     receiving capital investments under the Program to provide 
     linguistically and culturally appropriate outreach and 
     advertising describing the availability and application 
     process of receiving loans made possible by the Program 
     through organizations, trade associations, and individuals 
     that represent or work within or are members of minority 
     communities.
       ``(9) Restrictions.--
       ``(A) In general.--Not later than the end of the 30-day 
     period beginning on the date of enactment of this subsection, 
     the Secretary of the Treasury shall issue rules setting 
     restrictions on executive compensation, share buybacks, and 
     dividend payments for recipients of capital investments under 
     the Program.
       ``(B) Rule of construction.--The provisions of section 4019 
     apply to investments made under the Program.
       ``(10) Termination of investment authority.--The authority 
     to make capital investments in low- and moderate-income 
     community financial institutions, including commitments to 
     purchase preferred stock or other instruments, provided under 
     the Program shall terminate on the date that is 36 months 
     after the date of enactment of this subsection.

[[Page H5381]]

       ``(11) Collection of data.--Notwithstanding the Equal 
     Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
       ``(A) any low- and moderate-income community financial 
     institution may collect data described in section 701(a)(1) 
     of that Act (15 U.S.C. 1691(a)(1)) from borrowers and 
     applicants for credit for the purpose of monitoring 
     compliance under the plan required under paragraph (4)(B); 
     and
       ``(B) a low- and moderate-income community financial 
     institution that collects the data described in subparagraph 
     (A) shall not be subject to adverse action related to that 
     collection by the Bureau of Consumer Financial Protection or 
     any other Federal agency.
       ``(12) Deposit of funds.--All funds received by the 
     Secretary in connection with purchases made pursuant this 
     subsection, including interest payments, dividend payments, 
     and proceeds from the sale of any financial instrument, shall 
     be deposited into the Fund and used to provide financial and 
     technical assistance pursuant to section 108 of the Riegle 
     Community Development and Regulatory Improvement Act of 1994 
     (12 U.S.C. 4707), except that subsection (e) of that section 
     shall be waived.
       ``(13) Equity equivalent investment option.--
       ``(A) In general.--The Secretary shall establish an Equity 
     Equivalent Investment Option, under which, with respect to a 
     specific investment in a low- and moderate-income community 
     financial institution--
       ``(i) 80 percent of such investment is made by the 
     Secretary under the Program; and
       ``(ii) 20 percent of such investment if made by a banking 
     institution.
       ``(B) Requirement to follow similar terms and conditions.--
     The terms and conditions applicable to investments made by 
     the Secretary under the Program shall apply to any investment 
     made by a banking institution under this paragraph.
       ``(C) Limitations.--The amount of a specific investment 
     described under subparagraph (A) may not exceed $10,000,000, 
     but the receipt of an investment under subparagraph (A) shall 
     not preclude the recipient from being eligible for other 
     assistance under the Program.
       ``(D) Banking institution defined.--In this paragraph, the 
     term `banking institution' means any entity with respect to 
     which there is an appropriate Federal banking agency under 
     section 3 of the Federal Deposit Insurance Act.
       ``(j) Application of the Military Lending Act.--
       ``(1) In general.--No low- and moderate-income community 
     financial institution that receives an equity investment 
     under subsection (i) shall, for so long as the investment or 
     participation continues, make any loan at an annualized 
     percentage rate above 36 percent, as determined in accordance 
     with section 987(b) of title 10, United States Code (commonly 
     known as the `Military Lending Act)'.
       ``(2) No exemptions permitted.--The exemption authority of 
     the Bureau under section 105(f) of the Truth in Lending Act 
     (15 U.S.C. 1604(f)) shall not apply with respect to this 
     subsection.''.

     SEC. 706. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Community Development Financial 
     Institutions Fund $2,000,000,000 for fiscal year 2021, for 
     providing financial assistance and technical assistance under 
     subparagraphs (A) and (B) of section 108(a)(1) of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4707(a)(1)), except that subsections (d) 
     and (e) of such section 108 shall not apply to the provision 
     of such assistance, for the Bank Enterprise Award program, 
     and for financial assistance, technical assistance, training, 
     and outreach programs designed to benefit Native American, 
     Native Hawaiian, and Alaska Native communities and provided 
     primarily through qualified community development lender 
     organizations with experience and expertise in community 
     development banking and lending in Indian country, Native 
     American organizations, Tribes and Tribal organizations, and 
     other suitable providers.
       (b) Set Asides.--Of the amounts appropriated pursuant to 
     the authorization under subsection (a), the following amounts 
     shall be set aside:
       (1) Up to $400,000,000, to remain available until expended, 
     to provide grants to community development financial 
     institutions--
       (A) to expand lending or investment activity in low- or 
     moderate-income minority communities and to minorities that 
     have significant unmet capital or financial services needs, 
     of which not less than $10,000,000 may be for grants to 
     benefit Native American, Native Hawaiian, and Alaska Native 
     communities; and
       (B) using a formula that takes into account criteria such 
     as certification status, financial and compliance 
     performance, portfolio and balance sheet strength, a 
     diversity of community development financial institution 
     business model types, and program capacity, as well as 
     experience making loans and investments to those areas and 
     populations identified in this paragraph.
       (2) Up to $160,000,000, to remain available until expended, 
     for technical assistance, technology, and training under 
     sections 108(a)(1)(B) and 109, respectively, of the Riegle 
     Community Development and Regulatory Improvement Act of 1994 
     (12 U.S.C. 4707(a)(1)(B), 4708), with a preference for 
     minority lending institutions.
       (3) Up to $800,000,000, to remain available until expended, 
     shall be for providing financial assistance, technical 
     assistance, awards, training, and outreach programs described 
     under subsection (a) to recipients that are minority lending 
     institutions.
       (c) Administrative Expenses.--Funds appropriated pursuant 
     to the authorization under subsection (a) may be used for 
     administrative expenses, including administration of Fund 
     programs and the New Markets Tax Credit Program under section 
     45D of the Internal Revenue Code.
       (d) Definitions.--In this section:
       (1) CDFI.--The term ``CDFI'' means a community development 
     financial institution, as defined in section 103 of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4702).
       (2) Fund.--The term ``Fund'' means the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).
       (3) Minority; minority lending institution.--The terms 
     ``minority'' and ``minority lending institution'' have the 
     meaning given those terms, respectively, under section 103 of 
     the Community Development Banking and Financial Institutions 
     Act of 1994 (12 U.S.C. 4702).

     SEC. 707. ENSURING DIVERSITY IN COMMUNITY BANKING.

       (a) Sense of Congress on Funding the Loan-loss Reserve Fund 
     for Small Dollar Loans.--The sense of Congress is the 
     following:
       (1) The Community Development Financial Institutions Fund 
     (the ``CDFI Fund'') is an agency of the Department of the 
     Treasury, and was established by the Riegle Community 
     Development and Regulatory Improvement Act of 1994. The 
     mission of the CDFI Fund is ``to expand economic opportunity 
     for underserved people and communities by supporting the 
     growth and capacity of a national network of community 
     development lenders, investors, and financial service 
     providers''. A community development financial institution (a 
     ``CDFI'') is a specialized financial institution serving low-
     income communities and a Community Development Entity (a 
     ``CDE'') is a domestic corporation or partnership that is an 
     intermediary vehicle for the provision of loans, investments, 
     or financial counseling in low-income communities. The CDFI 
     Fund certifies CDFIs and CDEs. Becoming a certified CDFI or 
     CDE allows organizations to participate in various CDFI Fund 
     programs as follows:
       (A) The Bank Enterprise Award Program, which provides FDIC-
     insured depository institutions awards for a demonstrated 
     increase in lending and investments in distressed communities 
     and CDFIs.
       (B) The CDFI Program, which provides Financial and 
     Technical Assistance awards to CDFIs to reinvest in the CDFI, 
     and to build the capacity of the CDFI, including financing 
     product development and loan loss reserves.
       (C) The Native American CDFI Assistance Program, which 
     provides CDFIs and sponsoring entities Financial and 
     Technical Assistance awards to increase lending and grow the 
     number of CDFIs owned by Native Americans to help build 
     capacity of such CDFIs.
       (D) The New Market Tax Credit Program, which provides tax 
     credits for making equity investments in CDEs that stimulate 
     capital investments in low-income communities.
       (E) The Capital Magnet Fund, which provides awards to CDFIs 
     and nonprofit affordable housing organizations to finance 
     affordable housing solutions and related economic development 
     activities.
       (F) The Bond Guarantee Program, a source of long-term, 
     patient capital for CDFIs to expand lending and investment 
     capacity for community and economic development purposes.
       (2) The Department of the Treasury is authorized to create 
     multi-year grant programs designed to encourage low-to-
     moderate income individuals to establish accounts at 
     federally insured banks, and to improve low-to-moderate 
     income individuals' access to such accounts on reasonable 
     terms.
       (3) Under this authority, grants to participants in CDFI 
     Fund programs may be used for loan-loss reserves and to 
     establish small-dollar loan programs by subsidizing related 
     losses. These grants also allow for the providing recipients 
     with the financial counseling and education necessary to 
     conduct transactions and manage their accounts. These loans 
     provide low-cost alternatives to payday loans and other 
     nontraditional forms of financing that often impose excessive 
     interest rates and fees on borrowers, and lead millions of 
     Americans to fall into debt traps. Small-dollar loans can 
     only be made pursuant to terms, conditions, and practices 
     that are reasonable for the individual consumer obtaining the 
     loan.
       (4) Program participation is restricted to eligible 
     institutions, which are limited to organizations listed in 
     section 501(c)(3) of the Internal Revenue Code and exempt 
     from tax under 501(a) of such Code, federally insured 
     depository institutions, community development financial 
     institutions and State, local, or Tribal government entities.
       (5) Since its founding, the CDFI Fund has awarded over 
     $3,300,000,000 to CDFIs and CDEs, allocated $54,000,000,000 
     in tax credits, and $1,510,000,000 in bond guarantees. 
     According to the CDFI Fund, some programs attract as much as 
     $10 in private capital for every $1 invested by the CDFI 
     Fund. The Administration and the Congress should prioritize 
     appropriation of funds for the loan loss reserve fund and 
     technical assistance programs administered by the Community 
     Development Financial Institution Fund.
       (b) Definitions.--In this section:
       (1) Community development financial institution.--The term 
     ``community development financial institution'' has the 
     meaning given under section 103 of the Riegle Community 
     Development and Regulatory Improvement Act of 1994 (12 U.S.C. 
     4702).
       (2) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given under section 
     308 of the Financial Institutions Reform, Recovery, and 
     Enforcement Act of 1989 (12 U.S.C. 1463 note).

[[Page H5382]]

       (c) Establishment of Impact Bank Designation.--
       (1) In general.--Each Federal banking agency shall 
     establish a program under which a depository institution with 
     total consolidated assets of less than $10,000,000,000 may 
     elect to be designated as an impact bank if the total dollar 
     value of the loans extended by such depository institution to 
     low-income borrowers is greater than or equal to 50 percent 
     of the assets of such bank.
       (2) Notification of eligibility.--Based on data obtained 
     through examinations of depository institutions, the 
     appropriate Federal banking agency shall notify a depository 
     institution if the institution is eligible to be designated 
     as an impact bank.
       (3) Application.--Regardless of whether or not it has 
     received a notice of eligibility under paragraph (2), a 
     depository institution may submit an application to the 
     appropriate Federal banking agency--
       (A) requesting to be designated as an impact bank; and
       (B) demonstrating that the depository institution meets the 
     applicable qualifications.
       (4) Limitation on additional data requirements.--The 
     Federal banking agencies may only impose additional data 
     collection requirements on a depository institution under 
     this subsection if such data is--
       (A) necessary to process an application submitted by the 
     depository institution to be designated an impact bank; or
       (B) with respect to a depository institution that is 
     designated as an impact bank, necessary to ensure the 
     depository institution's ongoing qualifications to maintain 
     such designation.
       (5) Removal of designation.--If the appropriate Federal 
     banking agency determines that a depository institution 
     designated as an impact bank no longer meets the criteria for 
     such designation, the appropriate Federal banking agency 
     shall rescind the designation and notify the depository 
     institution of such rescission.
       (6) Reconsideration of designation; appeals.--Under such 
     procedures as the Federal banking agencies may establish, a 
     depository institution may--
       (A) submit to the appropriate Federal banking agency a 
     request to reconsider a determination that such depository 
     institution no longer meets the criteria for the designation; 
     or
       (B) file an appeal of such determination.
       (7) Rulemaking.--Not later than 1 year after the date of 
     the enactment of this Act, the Federal banking agencies shall 
     jointly issue rules to carry out the requirements of this 
     subsection, including by providing a definition of a low-
     income borrower.
       (8) Reports.--Each Federal banking agency shall submit an 
     annual report to the Congress containing a description of 
     actions taken to carry out this subsection.
       (9) Federal deposit insurance act definitions.--In this 
     subsection, the terms ``depository institution'', 
     ``appropriate Federal banking agency'', and ``Federal banking 
     agency'' have the meanings given such terms, respectively, in 
     section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813).
       (d) Minority Depositories Advisory Committees.--
       (1) Establishment.--Each covered regulator shall establish 
     an advisory committee to be called the ``Minority 
     Depositories Advisory Committee''.
       (2) Duties.--Each Minority Depositories Advisory Committee 
     shall provide advice to the respective covered regulator on 
     meeting the goals established by section 308 of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note) to preserve the present number of 
     covered minority institutions, preserve the minority 
     character of minority-owned institutions in cases involving 
     mergers or acquisitions, provide technical assistance, and 
     encourage the creation of new covered minority institutions. 
     The scope of the work of each such Minority Depositories 
     Advisory Committee shall include an assessment of the current 
     condition of covered minority institutions, what regulatory 
     changes or other steps the respective agencies may be able to 
     take to fulfill the requirements of such section 308, and 
     other issues of concern to covered minority institutions.
       (3) Membership.--
       (A) In general.--Each Minority Depositories Advisory 
     Committee shall consist of no more than 10 members, who--
       (i) shall serve for one two-year term;
       (ii) shall serve as a representative of a depository 
     institution or an insured credit union with respect to which 
     the respective covered regulator is the covered regulator of 
     such depository institution or insured credit union; and
       (iii) shall not receive pay by reason of their service on 
     the advisory committee, but may receive travel or 
     transportation expenses in accordance with section 5703 of 
     title 5, United States Code.
       (B) Diversity.--To the extent practicable, each covered 
     regulator shall ensure that the members of the Minority 
     Depositories Advisory Committee of such agency reflect the 
     diversity of covered minority institutions.
       (4) Meetings.--
       (A) In general.--Each Minority Depositories Advisory 
     Committee shall meet not less frequently than twice each 
     year.
       (B) Notice and invitations.--Each Minority Depositories 
     Advisory Committee shall--
       (i) notify the Committee on Financial Services of the House 
     of Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate in advance of each meeting of the 
     Minority Depositories Advisory Committee; and
       (ii) invite the attendance at each meeting of the Minority 
     Depositories Advisory Committee of--

       (I) one member of the majority party and one member of the 
     minority party of the Committee on Financial Services of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate; and
       (II) one member of the majority party and one member of the 
     minority party of any relevant subcommittees of such 
     committees.

       (5) No termination of advisory committees.--The termination 
     requirements under section 14 of the Federal Advisory 
     Committee Act (5 U.S.C. app.) shall not apply to a Minority 
     Depositories Advisory Committee established pursuant to this 
     subsection.
       (6) Definitions.--In this subsection:
       (A) Covered regulator.--The term ``covered regulator'' 
     means the Comptroller of the Currency, the Board of Governors 
     of the Federal Reserve System, the Federal Deposit Insurance 
     Corporation, and the National Credit Union Administration.
       (B) Covered minority institution.--The term ``covered 
     minority institution'' means a minority depository 
     institution (as defined in section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note)).
       (C) Depository institution.--The term ``depository 
     institution'' has the meaning given under section 3 of the 
     Federal Deposit Insurance Act (12 U.S.C. 1813).
       (D) Insured credit union.--The term ``insured credit 
     union'' has the meaning given in section 101 of the Federal 
     Credit Union Act (12 U.S.C. 1752).
       (7) Technical amendment.--Section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note) is amended by adding at the end the 
     following new paragraph:
       ``(3) Depository institution.--The term `depository 
     institution' means an `insured depository institution' (as 
     defined in section 3 of the Federal Deposit Insurance Act (12 
     U.S.C. 1813)) and an insured credit union (as defined in 
     section 101 of the Federal Credit Union Act (12 U.S.C. 
     1752)).''.
       (e) Federal Deposits in Minority Depository Institutions.--
       (1) In general.--Section 308 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
     note) is amended--
       (A) by adding at the end the following new subsection:
       ``(d) Federal Deposits.--The Secretary of the Treasury 
     shall ensure that deposits made by Federal agencies in 
     minority depository institutions and impact banks are 
     collateralized or insured, as determined by the Secretary. 
     Such deposits shall include reciprocal deposits as defined in 
     section 337.6(e)(2)(v) of title 12, Code of Federal 
     Regulations (as in effect on March 6, 2019).''; and
       (B) in subsection (b), as amended by subsection (d)(7), by 
     adding at the end the following new paragraph:
       ``(4) Impact bank.--The term `impact bank' means a 
     depository institution designated by the appropriate Federal 
     banking agency pursuant to section 707(c) of the Promoting 
     and Advancing Communities of Color through Inclusive Lending 
     Act.''.
       (2) Technical amendments.--Section 308 of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 1463 note) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``section--'' and inserting ``section:''; and
       (B) in the paragraph heading for paragraph (1), by striking 
     ``financial'' and inserting ``depository''.
       (f) Minority Bank Deposit Program.--
       (1) In general.--Section 1204 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 
     note) is amended to read as follows:

     ``SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY 
                   INSTITUTIONS.

       ``(a) Minority Bank Deposit Program.--
       ``(1) Establishment.--There is established a program to be 
     known as the `Minority Bank Deposit Program' to expand the 
     use of minority depository institutions.
       ``(2) Administration.--The Secretary of the Treasury, 
     acting through the Fiscal Service, shall--
       ``(A) on application by a depository institution or credit 
     union, certify whether such depository institution or credit 
     union is a minority depository institution;
       ``(B) maintain and publish a list of all depository 
     institutions and credit unions that have been certified 
     pursuant to subparagraph (A); and
       ``(C) periodically distribute the list described in 
     subparagraph (B) to--
       ``(i) all Federal departments and agencies;
       ``(ii) interested State and local governments; and
       ``(iii) interested private sector companies.
       ``(3) Inclusion of certain entities on list.--A depository 
     institution or credit union that, on the date of the 
     enactment of this section, has a current certification from 
     the Secretary of the Treasury stating that such depository 
     institution or credit union is a minority depository 
     institution shall be included on the list described under 
     paragraph (2)(B).
       ``(b) Expanded Use Among Federal Departments and 
     Agencies.--
       ``(1) In general.--Not later than 1 year after the 
     establishment of the program described in subsection (a), the 
     head of each Federal department or agency shall develop and 
     implement standards and procedures to prioritize, to the 
     maximum extent possible as permitted by law and consistent 
     with principles of sound financial management, the use of 
     minority depository institutions to hold the deposits of each 
     such department or agency.
       ``(2) Report to congress.--Not later than 2 years after the 
     establishment of the program described in subsection (a), and 
     annually thereafter, the head of each Federal department or

[[Page H5383]]

     agency shall submit to Congress a report on the actions taken 
     to increase the use of minority depository institutions to 
     hold the deposits of each such department or agency.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Credit union.--The term `credit union' has the 
     meaning given the term `insured credit union' in section 101 
     of the Federal Credit Union Act (12 U.S.C. 1752).
       ``(2) Depository institution.--The term `depository 
     institution' has the meaning given in section 3 of the 
     Federal Deposit Insurance Act (12 U.S.C. 1813).
       ``(3) Minority depository institution.--The term `minority 
     depository institution' has the meaning given that term under 
     section 308 of this Act.''.
       (2) Conforming amendments.--The following provisions are 
     amended by striking ``1204(c)(3)'' and inserting ``1204(c)'':
       (A) Section 808(b)(3) of the Community Reinvestment Act of 
     1977 (12 U.S.C. 2907(b)(3)).
       (B) Section 40(g)(1)(B) of the Federal Deposit Insurance 
     Act (12 U.S.C. 1831q(g)(1)(B)).
       (C) Section 704B(h)(4) of the Equal Credit Opportunity Act 
     (15 U.S.C. 1691c-2(h)(4)).
       (g) Diversity Report and Best Practices.--
       (1) Annual report.--Each covered regulator shall submit to 
     Congress an annual report on diversity including the 
     following:
       (A) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of the examiners of 
     each covered regulator, disaggregated by length of time 
     served as an examiner.
       (B) The status of any examiners of covered regulators, 
     based on voluntary self-identification, as a veteran.
       (C) Whether any covered regulator, as of the date on which 
     the report required under this section is submitted, has 
     adopted a policy, plan, or strategy to promote racial, 
     ethnic, and gender diversity among examiners of the covered 
     regulator.
       (D) Whether any special training is developed and provided 
     for examiners related specifically to working with depository 
     institutions and credit unions that serve communities that 
     are predominantly minorities, low income, or rural, and the 
     key focus of such training.
       (2) Best practices.--Each Office of Minority and Women 
     Inclusion of a covered regulator shall develop, provide to 
     the head of the covered regulator, and make publicly 
     available best practices--
       (A) for increasing the diversity of candidates applying for 
     examiner positions, including through outreach efforts to 
     recruit diverse candidate to apply for entry-level examiner 
     positions; and
       (B) for retaining and providing fair consideration for 
     promotions within the examiner staff for purposes of 
     achieving diversity among examiners.
       (3) Covered regulator defined.--In this subsection, the 
     term ``covered regulator'' means the Comptroller of the 
     Currency, the Board of Governors of the Federal Reserve 
     System, the Federal Deposit Insurance Corporation, and the 
     National Credit Union Administration.
       (h) Investments in Minority Depository Institutions and 
     Impact Banks.--
       (1) Control for certain institutions.--Section 7(j)(8)(B) 
     of the Federal Deposit Insurance Act (12 U.S.C. 
     1817(j)(8)(B)) is amended to read as follows:
       ``(B) `control' means the power, directly or indirectly--
       ``(i) to direct the management or policies of an insured 
     depository institution; or
       ``(ii)(I) to vote 25 per centum or more of any class of 
     voting securities of an insured depository institution; or
       ``(II) with respect to an insured depository institution 
     that is an impact bank (as designated pursuant to section 
     707(c) of the Promoting and Advancing Communities of Color 
     through Inclusive Lending Act) or a minority depository 
     institution (as defined in section 308(b) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989), 
     of an individual to vote 30 percent or more of any class of 
     voting securities of such an impact bank or a minority 
     depository institution.''.
       (2) Rulemaking.--The Federal banking agencies (as defined 
     in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813)) shall jointly issue rules for de novo minority 
     depository institutions to allow 3 years to meet the capital 
     requirements otherwise applicable to minority depository 
     institutions.
       (3) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Federal banking agencies shall 
     jointly submit to Congress a report on--
       (A) the principal causes for the low number of de novo 
     minority depository institutions during the 10-year period 
     preceding the date of the report;
       (B) the main challenges to the creation of de novo minority 
     depository institutions; and
       (C) regulatory and legislative considerations to promote 
     the establishment of de novo minority depository 
     institutions.
       (i) Report on Covered Mentor-protege Programs.--
       (1) Report.--Not later than 6 months after the date of the 
     enactment of this Act and annually thereafter, the Secretary 
     of the Treasury shall submit to Congress a report on 
     participants in a covered mentor-protege program, including--
       (A) an analysis of outcomes of such program;
       (B) the number of minority depository institutions that are 
     eligible to participate in such program but do not have large 
     financial institution mentors; and
       (C) recommendations for how to match such minority 
     depository institutions with large financial institution 
     mentors.
       (2) Definitions.--In this subsection:
       (A) Covered mentor-protege program.--The term ``covered 
     mentor-protege program'' means a mentor-protege program 
     established by the Secretary of the Treasury pursuant to 
     section 45 of the Small Business Act (15 U.S.C. 657r).
       (B) Large financial institution.--The term ``large 
     financial institution'' means any entity--
       (i) regulated by the Comptroller of the Currency, the Board 
     of Governors of the Federal Reserve System, the Federal 
     Deposit Insurance Corporation, or the National Credit Union 
     Administration; and
       (ii) that has total consolidated assets greater than or 
     equal to $50,000,000,000.
       (j) Custodial Deposit Program for Covered Minority 
     Depository Institutions and Impact Banks.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall issue rules establishing a custodial deposit program 
     under which a covered bank may receive deposits from a 
     qualifying account.
       (2) Requirements.--In issuing rules under paragraph (1), 
     the Secretary of the Treasury shall--
       (A) consult with the Federal banking agencies;
       (B) ensure each covered bank participating in the program 
     established under this subsection--
       (i) has appropriate policies relating to management of 
     assets, including measures to ensure the safety and soundness 
     of each such covered bank; and
       (ii) is compliant with applicable law; and
       (C) ensure, to the extent practicable that the rules do not 
     conflict with goals described in section 308(a) of the 
     Financial Institutions Reform, Recovery, and Enforcement Act 
     of 1989 (12 U.S.C. 1463 note).
       (3) Limitations.--
       (A) Deposits.--With respect to the funds of an individual 
     qualifying account, an entity may not deposit an amount 
     greater than the insured amount in a single covered bank.
       (B) Total deposits.--The total amount of funds deposited in 
     a covered bank under the custodial deposit program described 
     under this subsection may not exceed the lesser of--
       (i) 10 percent of the average amount of deposits held by 
     such covered bank in the previous quarter; or
       (ii) $100,000,000 (as adjusted for inflation).
       (4) Report.--Each quarter, the Secretary of the Treasury 
     shall submit to Congress a report on the implementation of 
     the program established under this subsection including 
     information identifying participating covered banks and the 
     total amount of deposits received by covered banks under the 
     program.
       (5) Definitions.--In this subsection:
       (A) Covered bank.--The term ``covered bank'' means--
       (i) a minority depository institution that is well 
     capitalized, as defined by the appropriate Federal banking 
     agency; or
       (ii) a depository institution designated pursuant to 
     subsection (c) that is well capitalized, as defined by the 
     appropriate Federal banking agency.
       (B) Insured amount.--The term ``insured amount'' means the 
     amount that is the greater of--
       (i) the standard maximum deposit insurance amount (as 
     defined in section 11(a)(1)(E) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1821(a)(1)(E))); or
       (ii) such higher amount negotiated between the Secretary of 
     the Treasury and the Federal Deposit Insurance Corporation 
     under which the Corporation will insure all deposits of such 
     higher amount.
       (C) Federal banking agencies.--The terms ``appropriate 
     Federal banking agency'' and ``Federal banking agencies'' 
     have the meaning given those terms, respectively, under 
     section 3 of the Federal Deposit Insurance Act.
       (D) Qualifying account.--The term ``qualifying account'' 
     means any account established in the Department of the 
     Treasury that--
       (i) is controlled by the Secretary; and
       (ii) is expected to maintain a balance greater than 
     $200,000,000 for the following 24-month period.
       (k) Streamlined Community Development Financial Institution 
     Applications and Reporting.--
       (1) Application processes.--Not later than 12 months after 
     the date of the enactment of this Act and with respect to any 
     person having assets under $3,000,000,000 that submits an 
     application for deposit insurance with the Federal Deposit 
     Insurance Corporation that could also become a community 
     development financial institution, the Federal Deposit 
     Insurance Corporation, in consultation with the Administrator 
     of the Community Development Financial Institutions Fund, 
     shall--
       (A) develop systems and procedures to record necessary 
     information to allow the Administrator to conduct preliminary 
     analysis for such person to also become a community 
     development financial institution; and
       (B) develop procedures to streamline the application and 
     annual certification processes and to reduce costs for such 
     person to become, and maintain certification as, a community 
     development financial institution.
       (2) Implementation report.--Not later than 18 months after 
     the date of the enactment of this Act, the Federal Deposit 
     Insurance Corporation shall submit to Congress a report 
     describing the systems and procedures required under 
     paragraph (1).
       (3) Annual report.--
       (A) In general.--Section 17(a)(1) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1827(a)(1)) is amended--
       (i) in subparagraph (E), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (F) as subparagraph (G);

[[Page H5384]]

       (iii) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) applicants for deposit insurance that could also 
     become a community development financial institution (as 
     defined in section 103 of the Riegle Community Development 
     and Regulatory Improvement Act of 1994), a minority 
     depository institution (as defined in section 308 of the 
     Financial Institutions Reform, Recovery, and Enforcement Act 
     of 1989), or an impact bank (as designated pursuant to 
     section 707(c) of the Promoting and Advancing Communities of 
     Color through Inclusive Lending Act); and''.
       (B) Application.--The amendment made by this paragraph 
     shall apply with respect to the first report to be submitted 
     after the date that is 2 years after the date of the 
     enactment of this Act.
       (l) Task Force on Lending to Small Business Concerns.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Administrator of the Small 
     Business Administration shall establish a task force to 
     examine methods for improving relationships between the Small 
     Business Administration and community development financial 
     institutions, minority depository institutions, and Impact 
     Banks to increase the volume of loans provided by such 
     institutions to small business concerns (as defined under 
     section 3 of the Small Business Act (15 U.S.C. 632)).
       (2) Report to congress.--Not later than 18 months after the 
     establishment of the task force described in paragraph (1), 
     the Administrator of the Small Business Administration shall 
     submit to Congress a report on the findings of such task 
     force.

     SEC. 708. ESTABLISHMENT OF FINANCIAL AGENT PARTNERSHIP 
                   PROGRAM.

       (a) In General.--Section 308 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
     note), as amended by section 706(e), is further amended by 
     adding at the end the following new subsection:
       ``(e) Financial Agent Partnership Program.--
       ``(1) In general.--The Secretary of the Treasury shall 
     establish a program to be known as the `Financial Agent 
     Partnership Program' (in this subsection referred to as the 
     `Program') under which a financial agent designated by the 
     Secretary or a large financial institution may serve as a 
     mentor, under guidance or regulations prescribed by the 
     Secretary, to a small financial institution to allow such 
     small financial institution--
       ``(A) to be prepared to perform as a financial agent; or
       ``(B) to improve capacity to provide services to the 
     customers of the small financial institution.
       ``(2) Outreach.--The Secretary shall hold outreach events 
     to promote the participation of financial agents, large 
     financial institutions, and small financial institutions in 
     the Program at least once a year.
       ``(3) Financial partnerships.--
       ``(A) In general.--Any large financial institution 
     participating in a program with the Department of the 
     Treasury, if not already required to include a small 
     financial institution, shall offer not more than 5 percent of 
     every contract under that program to a small financial 
     institution.
       ``(B) Acceptance of risk.--As a requirement of 
     participation in a contract described under subparagraph (A), 
     a small financial institution shall accept the risk of the 
     transaction equivalent to the percentage of any fee the 
     institution receives under the contract.
       ``(C) Partner.--A large financial institution partner may 
     work with small financial institutions, if necessary, to 
     train professionals to understand any risks involved in a 
     contract under the Program.
       ``(D) Increased limit for certain institutions.--With 
     respect to a program described under subparagraph (A), if the 
     Secretary of the Treasury determines that it would be 
     appropriate and would encourage capacity building, the 
     Secretary may alter the requirements under subparagraph (A) 
     to require both--
       ``(i) a higher percentage of the contract be offered to a 
     small financial institution; and
       ``(ii) require the small financial institution to be a 
     community development financial institution or a minority 
     depository institution.
       ``(4) Exclusion.--The Secretary shall issue guidance or 
     regulations to establish a process under which a financial 
     agent, large financial institution, or small financial 
     institution may be excluded from participation in the 
     Program.
       ``(5) Report.--The Office of Minority and Women Inclusion 
     of the Department of the Treasury shall include in the report 
     submitted to Congress under section 342(e) of the Dodd-Frank 
     Wall Street Reform and Consumer Protection Act information 
     pertaining to the Program, including--
       ``(A) the number of financial agents, large financial 
     institutions, and small financial institutions participating 
     in such Program; and
       ``(B) the number of outreach events described in paragraph 
     (2) held during the year covered by such report.
       ``(6) Definitions.--In this subsection:
       ``(A) Community development financial institution.--The 
     term `community development financial institution' has the 
     meaning given that term under section 103 of the Riegle 
     Community Development and Regulatory Improvement Act of 1994 
     (12 U.S.C. 4702).
       ``(B) Financial agent.--The term `financial agent' means 
     any national banking association designated by the Secretary 
     of the Treasury to be employed as a financial agent of the 
     Government.
       ``(C) Large financial institution.--The term `large 
     financial institution' means any entity regulated by the 
     Comptroller of the Currency, the Board of Governors of the 
     Federal Reserve System, the Federal Deposit Insurance 
     Corporation, or the National Credit Union Administration that 
     has total consolidated assets greater than or equal to 
     $50,000,000,000.
       ``(D) Small financial institution.--The term `small 
     financial institution' means--
       ``(i) any entity regulated by the Comptroller of the 
     Currency, the Board of Governors of the Federal Reserve 
     System, the Federal Deposit Insurance Corporation, or the 
     National Credit Union Administration that has total 
     consolidated assets lesser than or equal to $2,000,000,000; 
     or
       ``(ii) a minority depository institution.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall take effect 90 days after the date of 
     the enactment of this Act.

     SEC. 709. STRENGTHENING MINORITY LENDING INSTITUTIONS.

       (a) Minority Lending Institution Set-aside in Providing 
     Assistance.--
       (1) In general.--Section 108 of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4707) is amended by adding at the end the following:
       ``(i) Minority Lending Institution Set-aside in Providing 
     Assistance.--Notwithstanding any other provision of law, in 
     providing any assistance, the Fund shall reserve 40 percent 
     of such assistance for minority lending institutions.''.
       (2) Definitions.--
       (A) In general.--Section 103 of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4702) is amended by adding at the end the following:
       ``(22) Minority lending institution definitions.--
       ``(A) Minority.--The term `minority' means any Black 
     American, Hispanic American, Asian American, Native American, 
     Native Alaskan, Native Hawaiian, or Pacific Islander.
       ``(B) Minority lending institution.--The term `minority 
     lending institution' means a community development financial 
     institution--
       ``(i) with respect to which a majority of the total number 
     of loans and a majority of the value of investments of the 
     community development financial institution are directed at 
     minorities and other targeted populations;
       ``(ii) that is a minority depository institution, as 
     defined under section 308 of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
     note), or otherwise considered to be a minority depository 
     institution by the appropriate Federal banking agency; or
       ``(iii) that is 51 percent owned by one or more socially 
     and economically disadvantaged individuals.
       ``(C) Additional definitions.--In this paragraph, the terms 
     `other targeted populations' and `socially and economically 
     disadvantaged individual' shall have the meaning given those 
     terms by the Administrator.''.
       (B) Temporary safe harbor for certain institutions.--A 
     community development financial institution that is a 
     minority depository institution listed in the Federal Deposit 
     Insurance Corporation's Minority Depository Institutions List 
     published for the Second Quarter 2020 shall be deemed a 
     ``minority lending institution'' under section 103(22) of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 for purposes of--
       (i) any program carried out using appropriations authorized 
     for the Community Development Financial Institutions Fund 
     under section 706; and
       (ii) the Neighborhood Capital Investment Program 
     established under section 4003(i) of the CARES Act.
       (b) Office of Minority Lending Institutions.--Section 104 
     of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4703) is amended by 
     adding at the end the following:
       ``(l) Office of Minority Lending Institutions.--
       ``(1) Establishment.--There is established within the Fund 
     an Office of Minority Lending Institutions, which shall 
     oversee assistance provided by the Fund to minority lending 
     institutions.
       ``(2) Deputy director.--The head of the Office shall be the 
     Deputy Director of Minority Lending Institutions, who shall 
     report directly to the Administrator of the Fund.''.
       (c) Reporting on Minority Lending Institutions.--Section 
     117 of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4716) is amended by 
     adding at the end the following:
       ``(g) Reporting on Minority Lending Institutions.--Each 
     report required under subsection (a) shall include a 
     description of the extent to which assistance from the Fund 
     are provided to minority lending institutions.''.
       (d) Submission of Data Relating to Diversity by Community 
     Development Financial Institutions.--Section 104 of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4703) is amended by adding at the end the 
     following:
       ``(l) Submission of Data Relating to Diversity.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `executive officer' has the meaning given 
     the term in section 230.501(f) of title 17, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     subsection; and
       ``(B) the term `veteran' has the meaning given the term in 
     section 101 of title 38, United States Code.
       ``(2) Submission of disclosure.--Each Fund applicant and 
     recipient shall provide the following:
       ``(A) Data, based on voluntary self-identification, on the 
     racial, ethnic, and gender composition of--
       ``(i) the board of directors of the institution;
       ``(ii) nominees for the board of directors of the 
     institution; and

[[Page H5385]]

       ``(iii) the executive officers of the institution.
       ``(B) The status of any member of the board of directors of 
     the institution, any nominee for the board of directors of 
     the institution, or any executive officer of the institution, 
     based on voluntary self-identification, as a veteran.
       ``(C) Whether the board of directors of the institution, or 
     any committee of that board of directors, has, as of the date 
     on which the institution makes a disclosure under this 
     paragraph, adopted any policy, plan, or strategy to promote 
     racial, ethnic, and gender diversity among--
       ``(i) the board of directors of the institution;
       ``(ii) nominees for the board of directors of the 
     institution; or
       ``(iii) the executive officers of the institution.
       ``(3) Annual report.--Not later than 18 months after the 
     date of enactment of this subsection, and annually 
     thereafter, the Fund shall submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives, and make publicly available on the website 
     of the Fund, a report--
       ``(A) on the data and trends of the diversity information 
     made available pursuant to paragraph (2); and
       ``(B) containing all administrative or legislative 
     recommendations of the Fund to enhance the implementation of 
     this title or to promote diversity and inclusion within 
     community development financial institutions.''.

     SEC. 710. CDFI BOND GUARANTEE REFORM.

       Effective October 1, 2020, section 114A(e)(2)(B) of the 
     Riegle Community Development and Regulatory Improvement Act 
     of 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended by striking 
     ``$100,000,000'' and inserting ``$50,000,000''.

     SEC. 711. REPORTS.

       (a) In General.--The Secretary of the Treasury shall 
     provide to the appropriate committees of Congress--
       (1) within 30 days of the end of each month commencing with 
     the first month in which transactions are made under a 
     program established under this title or the amendments made 
     by this title, a written report describing all of the 
     transactions made during the reporting period pursuant to the 
     authorities granted under this title or the amendments made 
     by this title; and
       (2) after the end of March and the end of September, 
     commencing March 31, 2021, a written report on all projected 
     costs and liabilities, all operating expenses, including 
     compensation for financial agents, and all transactions made 
     by the Community Development Financial Institutions Fund, 
     including participating institutions and amounts each 
     institution has received under each program described in 
     paragraph (1).
       (b) Breakdown of Funds.--Each report required under 
     subsection (a) shall specify the amount of funds under each 
     program described under subsection (a)(1) that went to--
       (1) minority depository institutions that are depository 
     institutions;
       (2) minority depository institutions that are credit 
     unions;
       (3) minority lending institutions;
       (4) community development financial institution loan funds;
       (5) community development financial institutions that are 
     depository institutions; and
       (6) community development financial institutions that are 
     credit unions.
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate.
       (2) Community development financial institution.--The term 
     ``community development financial institution'' has the 
     meaning given that term under section 103 of the Riegle 
     Community Development and Regulatory Improvement Act of 1994.
       (3) Credit union.--The term ``credit union'' means a State 
     credit union or a Federal credit union, as such terms are 
     defined, respectively, under section 101 of the Federal 
     Credit Union Act.
       (4) Depository institution.--The term ``depository 
     institution'' has the meaning given that term under section 3 
     of the Federal Deposit Insurance Act.
       (5) Minority depository institution.--The term ``minority 
     depository institution'' has the meaning given under section 
     308 of the Financial Institutions Reform, Recovery, and 
     Enforcement Act of 1989 .
       (6) Minority lending institution.--The term ``minority 
     lending institution'' has the meaning given that term under 
     section 103 of the Community Development Banking and 
     Financial Institutions Act of 1994.

     SEC. 712. INSPECTOR GENERAL OVERSIGHT.

       (a) In General.--The Inspector General of the Department of 
     the Treasury shall conduct, supervise, and coordinate audits 
     and investigations of any program established under this 
     title or the amendments made by this title.
       (b) Reporting.--The Inspector General of the Department of 
     the Treasury shall issue a report not less frequently than 2 
     times per year to Congress and the Secretary of the Treasury 
     relating to the oversight provided by the Office of the 
     Inspector General, including any recommendations for 
     improvements to the programs described in subsection (a).

     SEC. 713. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS 
                   ON LOW- AND MODERATE-INCOME AND MINORITY 
                   COMMUNITIES.

       (a) Study.--The Secretary of the Treasury shall conduct a 
     study of the impact of the programs established under this 
     title or any amendment made by this title on low- and 
     moderate-income and minority communities.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the study conducted pursuant to 
     subsection (a), which shall include, to the extent possible, 
     the results of the study disaggregated by ethnic group.
       (c) Information Provided to the Secretary.--Eligible 
     institutions that participate in any of the programs 
     described in subsection (a) shall provide the Secretary of 
     the Treasury with such information as the Secretary may 
     require to carry out the study required by this section.

  TITLE VIII--PROVIDING ASSISTANCE FOR STATE, TERRITORY, TRIBAL, AND 
                           LOCAL GOVERNMENTS

     SEC. 801. EMERGENCY RELIEF FOR STATE, TERRITORIAL, TRIBAL, 
                   AND LOCAL GOVERNMENTS.

       (a) Purchase of Covid-19 Related Municipal Issuances.--
     Section 14(b) of the Federal Reserve Act (12 U.S.C. 355) is 
     amended by adding at the end the following new paragraph:
       ``(3) Unusual and exigent circumstances.--Under unusual and 
     exigent circumstances, to buy any bills, notes, revenue 
     bonds, and warrants issued by any State, county, district, 
     political subdivision, municipality, or entity that is a 
     combination of any of the several States, the District of 
     Columbia, or any of the territories and possessions of the 
     United States. In this paragraph, the term `State' means each 
     of the several States, the District of Columbia, each 
     territory and possession of the United States, and each 
     federally recognized Indian Tribe.''.
       (b) Federal Reserve Authorization to Purchase Covid-19 
     Related Municipal Issuances.--Within 7 days after the date of 
     the enactment of this subsection, the Board of Governors of 
     the Federal Reserve System shall modify the Municipal 
     Liquidity Facility (established on April 9, 2020, pursuant to 
     section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3))) 
     to--
       (1) ensure such facility is operational until February 1, 
     2021;
       (2) allow for the purchase of bills, notes, bonds, and 
     warrants with maximum maturity of 10 years from the date of 
     such purchase;
       (3) ensure that any purchases made are at an interest rate 
     equal to the discount window primary credit interest rate 
     most recently published on the Federal Reserve Statistical 
     Release on selected interest rates (daily or weekly), 
     commonly referred to as the ``H.15 release'' or the ``Federal 
     funds rate'';
       (4) ensure that an eligible issuer does not need to attest 
     to an inability to secure credit elsewhere; and
       (5) include in the list of eligible issuers for such 
     purchases--
       (A) any of the territories and possessions of the United 
     States;
       (B) a political subdivision of a State with a population of 
     more than 50,000 residents; and
       (C) an entity that is a combination of any of the several 
     States, the District of Columbia, or any of the territories 
     and possessions of the United States.

     SEC. 802. COMMUNITY DEVELOPMENT BLOCK GRANTS.

       (a) Funding and Allocations.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000,000 for assistance in 
     accordance with this section under the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.), 
     which shall remain available until September 30, 2023.
       (2) Allocation.--Amounts made available pursuant to 
     paragraph (1) shall be distributed pursuant to section 106 of 
     such Act (42 U.S.C. 5306) to grantees and such allocations 
     shall be made within 30 days after the date of the enactment 
     of this Act.
       (b) Time Limitation on Emergency Grant Payments.--Paragraph 
     (4) of section 570.207(b) of the Secretary's regulations (24 
     C.F.R. 570.207(b)(4)) shall be applied with respect to grants 
     with amounts made available pursuant to subsection (a), by 
     substituting ``12 consecutive months'' for ``3 consecutive 
     months''.
       (c) Matching of Amounts Used for Administrative Costs.--Any 
     requirement for a State to match or supplement amounts 
     expended for program administration of State grants under 
     section 106(d) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5306(d)) shall not apply with respect to 
     amounts made available pursuant to subsection (a).
       (d) Caper Information.--During the period that begins on 
     the date of enactment of this Act and ends on the date of the 
     termination by the Federal Emergency Management Agency of the 
     emergency declared on March 13, 2020, by the President under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 4121 et seq.) relating to the 
     Coronavirus Disease 2019 (COVID-19) pandemic, the Secretary 
     shall make all information included in Consolidated Annual 
     Performance and Evaluation Reports relating to assistance 
     made available pursuant to this section publicly available on 
     its website on a quarterly basis.
       (e) Authority; Waivers.--Any provisions of, and waivers and 
     alternative requirements issued by the Secretary pursuant to, 
     the heading ``Department of Housing and Urban Development--
     Community Planning and Development --Community Development 
     Fund'' in title XII of division B of the CARES Act (Public 
     Law 116-136) shall apply with respect to amounts made 
     available pursuant to subsection (a) of this section.

TITLE IX--SUPPORT FOR A ROBUST GLOBAL RESPONSE TO THE COVID-19 PANDEMIC

     SEC. 901. UNITED STATES POLICIES.

       (a) United States Policies at the International Financial 
     Institutions.--
       (1) In general.--The Secretary of the Treasury shall 
     instruct the United States Executive Director at each 
     international financial institution (as defined in section 
     1701(c)(2) of the

[[Page H5386]]

     International Financial Institutions Act (22 U.S.C. 
     262r(c)(2))) to use the voice and vote of the United States 
     at the respective institution--
       (A) to seek to ensure adequate fiscal space for world 
     economies in response to the global coronavirus disease 2019 
     (commonly referred to as ``COVID-19'') pandemic through--
       (i) the suspension of all debt service payments to the 
     institution; and
       (ii) the relaxation of fiscal targets for any government 
     operating a program supported by the institution, or seeking 
     financing from the institution, in response to the pandemic;
       (B) to oppose the approval or endorsement of any loan, 
     grant, document, or strategy that would lead to a decrease in 
     health care spending or in any other spending that would 
     impede the ability of any country to prevent or contain the 
     spread of, or treat persons who are or may be infected with, 
     the SARS-CoV-2 virus; and
       (C) to require approval of all Special Drawing Rights 
     allocation transfers from wealthier member countries to 
     countries that are emerging markets or developing countries, 
     based on confirmation of implementable transparency 
     mechanisms or protocols to ensure the allocations are used 
     for the public good and in response the global pandemic.
       (2) IMF issuance of special drawing rights.--It is the 
     policy of the United States to support the issuance of a 
     special allocation of not less than 2,000,000,000,000 Special 
     Drawing Rights so that governments are able to access 
     additional resources to finance their responses to the global 
     COVID-19 pandemic. The Secretary of the Treasury shall use 
     the voice and vote of the United States to support the 
     issuance, and shall instruct the United States Executive 
     Director at the International Monetary Fund to support the 
     same.
       (3) Allocation of u.s. special drawing rights.--It is also 
     the policy of the United States, which has large reserves and 
     little use for its Special Drawing Rights, to contribute a 
     significant portion of its current stock, and any future 
     allocation of, Special Drawing Rights to the Poverty 
     Reduction and Growth Facility (PRGF) or a similar special 
     purpose vehicle at the International Monetary Fund to help 
     developing and low-income countries respond to the health and 
     economic impacts of the COVID-19 pandemic.
       (4) Implementation.--The Secretary of the Treasury shall 
     instruct the United States Executive Director at the 
     International Monetary Fund to use the voice and vote of the 
     United States to actively promote and take all appropriate 
     actions with respect to implementing the policy goals of the 
     United States set forth in paragraphs (2) and (3), and shall 
     post the instruction on the website of the Department of the 
     Treasury.
       (b) United States Policy at the G20.--The Secretary of the 
     Treasury shall commence immediate efforts to reach an 
     agreement with the Group of Twenty to extend through the end 
     of 2021 the current moratorium on debt service payments to 
     official bilateral creditors by the world's poorest 
     countries.
       (c) Report Required.--The Chairman of the National Advisory 
     Council on International Monetary and Financial Policies 
     shall include in the annual report required by section 1701 
     of the International Financial Institutions Act (22 U.S.C. 
     262r) a description of progress made toward advancing the 
     policies described in subsection (a) of this section.
       (d) Termination.--Subsections (a) and (c) shall have no 
     force or effect after the earlier of--
       (1) the date that is 1 year after the date of the enactment 
     of this Act; or
       (2) the date that is 30 days after the date on which the 
     Secretary of the Treasury submits to the Committee on Foreign 
     Relations of the Senate and the Committee on Financial 
     Services of the House of Representatives a report stating 
     that the SARS-CoV-2 virus is no longer a serious threat to 
     public health in any part of the world.

         TITLE X--PROVIDING OVERSIGHT AND PROTECTING TAXPAYERS

     SEC. 1001. MANDATORY REPORTS TO CONGRESS.

       (a) Disclosure of Transaction Reports.--Section 
     4026(b)(1)(A)(iii) of the CARES Act (Public Law 116-136) is 
     amended--
       (1) in subclause (IV)--
       (A) by inserting ``and the justification for such exercise 
     of authority'' after ``authority''; and
       (B) by striking ``and'' at the end;
       (2) in subclause (V), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VI) the identity of each recipient of a loan or loan 
     guarantee described in subclause (I);
       ``(VII) the date and amount of each such loan or loan 
     guarantee and the form in which each such loan or loan 
     guarantee was provided;
       ``(VIII) the material terms of each such loan or loan 
     guarantee, including--

       ``(aa) duration;
       ``(bb) collateral pledged and the value thereof;
       ``(cc) all interest, fees, and other revenue or items of 
     value to be received in exchange for such loan or loan 
     guarantee;
       ``(dd) any requirements imposed on the recipient with 
     respect to employee compensation, distribution of dividends, 
     or any other corporate decision in exchange for the 
     assistance; and
       ``(ee) the expected costs to the Federal Government with 
     respect to such loans or loan guarantees.''.
       (b) Reports by the Secretary of the Treasury.--Section 4018 
     of the CARES Act (Public Law 116-136) is amended by adding at 
     the end the following:
       ``(k) Reports by the Secretary.--Not later than 7 days 
     after the last day of each month, the Secretary shall submit 
     to the Special Inspector General, the Committee on Financial 
     Services of the House of Representatives, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate a report 
     that includes the information specified in subparagraphs (A) 
     through (E) of subsection (c)(1) with respect to the making, 
     purchase, management, and sale of loans, loan guarantees, and 
     other investments made by the Secretary under any program 
     established by the Secretary under this Act.''.

     SEC. 1002. DISCRETIONARY REPORTS TO CONGRESS.

       Section 4020(b) of the CARES Act (Public Law 116-136) is 
     amended by adding at the end the following:
       ``(3) Discretionary reports to congress.--In addition to 
     the reports required under paragraph (2), the Oversight 
     Commission may submit other reports to Congress at such time, 
     in such manner, and containing such information as the 
     Oversight Commission determines appropriate.''.

     SEC. 1003. DEFINITION OF APPROPRIATE CONGRESSIONAL 
                   COMMITTEES.

       (a) Pandemic Response Accountability Committee.--Section 
     15010(a)(2) of the CARES Act (Public Law 116-136) is 
     amended--
       (1) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (D) through (F), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate;
       ``(C) the Committee on Financial Services of the House of 
     Representatives;''.
       (b) Oversight and Audit Authority.--Section 19010(a)(1) of 
     the CARES Act (Public Law 116-136) is amended--
       (1) by redesignating subparagraphs (B) through (G) as 
     subparagraphs (D) through (I), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate;
       ``(C) the Committee on Financial Services of the House of 
     Representatives;''.

     SEC. 1004. ADDITIONAL REPORTING ON FUNDING FOR DIVERSE-OWNED 
                   BUSINESSES.

       Section 15010(d)(2) of the CARES Act (Public Law 116-136) 
     is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following:
       ``(C) The Committee shall submit to Congress, including the 
     appropriate congressional committees, quarterly reports that 
     include an analysis of Federal funds provided during the 
     pandemic that have been used to support communities of color, 
     including minority-owned businesses and minority depository 
     institutions, broken down by race and ethnicity.''; and

     SEC. 1005. REPORTING BY INSPECTORS GENERAL.

       (a) Definition of Covered Agency.--In this section, the 
     term ``covered agency'' means--
       (1) the Department of the Treasury;
       (2) the Federal Deposit Insurance Corporation;
       (3) the Office of the Comptroller of the Currency;
       (4) the Board of Governors of the Federal Reserve System;
       (5) the National Credit Union Administration;
       (6) the Bureau of Consumer Financial Protection;
       (7) the Department of Housing and Urban Development;
       (8) the Department of Agriculture, Rural Housing Service;
       (9) the Securities and Exchange Commission; and
       (10) the Federal Housing Finance Agency.
       (b) Report.--The Inspector General of each covered agency 
     shall include in each semiannual report submitted by the 
     Inspector General the findings of the Inspector General on 
     the effectiveness of--
       (1) rulemaking by the covered agency related to COVID-19; 
     and
       (2) supervision and oversight by the covered agency of 
     institutions and entities that participate in COVID-19-
     related relief, funding, lending, or other programs of the 
     covered agency.
       (c) Submission.--The Inspector General of each covered 
     agency shall submit the information required to be included 
     in each semiannual report under subsection (b) to--
       (1) the Special Inspector General for Pandemic Recovery 
     appointed under section 4018 of division A of the CARES Act 
     (Public Law 116-136);
       (2) the Pandemic Response Accountability Committee 
     established under section 15010 of division B of the CARES 
     Act (Public Law 116-136); and
       (3) the Congressional Oversight Commission established 
     under section 4020 of division A of the CARES Act (Public Law 
     116-136).

                         DIVISION P--ACCESS ACT

     SEC. 101. SHORT TITLE.

       This Act may be cited as the ``American Coronavirus/COVID-
     19 Election Safety and Security Act'' or the ``ACCESS Act''.

     SEC. 102. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS 
                   IN RESPONSE TO NATURAL DISASTERS AND 
                   EMERGENCIES.

       (a) In General.--
       (1) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, each State and each 
     jurisdiction in a State which is responsible for 
     administering elections for Federal office shall establish 
     and make publicly available a contingency plan to enable 
     individuals to vote in elections for Federal office during a 
     state of emergency, public health emergency, or national 
     emergency which has been declared for reasons including--
       (A) a natural disaster; or
       (B) an infectious disease.
       (2) Updating.--Each State and jurisdiction shall update the 
     contingency plan established

[[Page H5387]]

     under this subsection not less frequently than every 5 years.
       (b) Requirements Relating to Safety.--The contingency plan 
     established under subsection (a) shall include initiatives to 
     provide equipment and resources needed to protect the health 
     and safety of poll workers and voters when voting in person.
       (c) Requirements Relating to Recruitment of Poll Workers.--
     The contingency plan established under subsection (a) shall 
     include initiatives by the chief State election official and 
     local election officials to recruit poll workers from 
     resilient or unaffected populations, which may include--
       (1) employees of other State and local government offices; 
     and
       (2) in the case in which an infectious disease poses 
     significant increased health risks to elderly individuals, 
     students of secondary schools and institutions of higher 
     education in the State.
       (d) Enforcement.--
       (1) Attorney general.--The Attorney General may bring a 
     civil action against any State or jurisdiction in an 
     appropriate United States District Court for such declaratory 
     and injunctive relief (including a temporary restraining 
     order, a permanent or temporary injunction, or other order) 
     as may be necessary to carry out the requirements of this 
     section.
       (2) Private right of action.--
       (A) In general.--In the case of a violation of this 
     section, any person who is aggrieved by such violation may 
     provide written notice of the violation to the chief election 
     official of the State involved.
       (B) Relief.--If the violation is not corrected within 20 
     days after receipt of a notice under subparagraph (A), or 
     within 5 days after receipt of the notice if the violation 
     occurred within 120 days before the date of an election for 
     Federal office, the aggrieved person may, in a civil action, 
     obtain declaratory or injunctive relief with respect to the 
     violation.
       (C) Special rule.--If the violation occurred within 5 days 
     before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State involved under subparagraph 
     (A) before bringing a civil action under subparagraph (B).
       (e) Definitions.--
       (1) Election for federal office.--For purposes of this 
     section, the term ``election for Federal office'' means a 
     general, special, primary, or runoff election for the office 
     of President or Vice President, or of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress.
       (2) State.--For purposes of this section, the term 
     ``State'' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       (f) Effective Date.--This section shall apply with respect 
     to the regularly scheduled general election for Federal 
     office held in November 2020 and each succeeding election for 
     Federal office.

     SEC. 103. EARLY VOTING AND VOTING BY MAIL.

       (a) Requirements.--Title III of the Help America Vote Act 
     of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the 
     end the following new subtitle:

                    ``Subtitle C--Other Requirements

     ``SEC. 321. EARLY VOTING.

       ``(a) Requiring Allowing Voting Prior to Date of 
     Election.--
       ``(1) In general.--Each State shall allow individuals to 
     vote in an election for Federal office during an early voting 
     period which occurs prior to the date of the election, in the 
     same manner as voting is allowed on such date.
       ``(2) Length of period.--The early voting period required 
     under this subsection with respect to an election shall 
     consist of a period of consecutive days (including weekends) 
     which begins on the 15th day before the date of the election 
     (or, at the option of the State, on a day prior to the 15th 
     day before the date of the election) and ends on the date of 
     the election.
       ``(b) Minimum Early Voting Requirements.--Each polling 
     place which allows voting during an early voting period under 
     subsection (a) shall--
       ``(1) allow such voting for no less than 10 hours on each 
     day;
       ``(2) have uniform hours each day for which such voting 
     occurs; and
       ``(3) allow such voting to be held for some period of time 
     prior to 9:00 a.m (local time) and some period of time after 
     5:00 p.m. (local time).
       ``(c) Location of Polling Places.--
       ``(1) Proximity to public transportation.--To the greatest 
     extent practicable, a State shall ensure that each polling 
     place which allows voting during an early voting period under 
     subsection (a) is located within walking distance of a stop 
     on a public transportation route.
       ``(2) Availability in rural areas.--The State shall ensure 
     that polling places which allow voting during an early voting 
     period under subsection (a) will be located in rural areas of 
     the State, and shall ensure that such polling places are 
     located in communities which will provide the greatest 
     opportunity for residents of rural areas to vote during the 
     early voting period.
       ``(d) Standards.--
       ``(1) In general.--The Commission shall issue standards for 
     the administration of voting prior to the day scheduled for a 
     Federal election. Such standards shall include the 
     nondiscriminatory geographic placement of polling places at 
     which such voting occurs.
       ``(2) Deviation.--The standards described in paragraph (1) 
     shall permit States, upon providing adequate public notice, 
     to deviate from any requirement in the case of unforeseen 
     circumstances such as a natural disaster, terrorist attack, 
     or a change in voter turnout.
       ``(e) Ballot Processing and Scanning Requirements.--
       ``(1) In general.--The State shall begin processing and 
     scanning ballots cast during early voting for tabulation at 
     least 14 days prior to the date of the election involved.
       ``(2) Limitation.--Nothing in this subsection shall be 
     construed to permit a State to tabulate ballots in an 
     election before the closing of the polls on the date of the 
     election.
       ``(f) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2020 and each succeeding 
     election for Federal office.

     ``SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

       ``(a) Uniform Availability of Absentee Voting to All 
     Voters.--
       ``(1) In general.--If an individual in a State is eligible 
     to cast a vote in an election for Federal office, the State 
     may not impose any additional conditions or requirements on 
     the eligibility of the individual to cast the vote in such 
     election by absentee ballot by mail.
       ``(2) Administration of voting by mail.--
       ``(A) Prohibiting identification requirement as condition 
     of obtaining ballot.--A State may not require an individual 
     to provide any form of identification as a condition of 
     obtaining an absentee ballot, except that nothing in this 
     paragraph may be construed to prevent a State from requiring 
     a signature of the individual or similar affirmation as a 
     condition of obtaining an absentee ballot.
       ``(B) Prohibiting requirement to provide notarization or 
     witness signature as condition of obtaining or casting 
     ballot.--A State may not require notarization or witness 
     signature or other formal authentication (other than voter 
     attestation) as a condition of obtaining or casting an 
     absentee ballot.
       ``(C) Deadline for returning ballot.--A State may impose a 
     deadline for requesting the absentee ballot and related 
     voting materials from the appropriate State or local election 
     official and for returning the ballot to the appropriate 
     State or local election official.
       ``(3) Application for all future elections.--At the option 
     of an individual, a State shall treat the individual's 
     application to vote by absentee ballot by mail in an election 
     for Federal office as an application to vote by absentee 
     ballot by mail in all subsequent Federal elections held in 
     the State.
       ``(b) Due Process Requirements for States Requiring 
     Signature Verification.--
       ``(1) Requirement.--
       ``(A) In general.--A State may not impose a signature 
     verification requirement as a condition of accepting and 
     counting an absentee ballot submitted by any individual with 
     respect to an election for Federal office unless the State 
     meets the due process requirements described in paragraph 
     (2).
       ``(B) Signature verification requirement described.--In 
     this subsection, a `signature verification requirement' is a 
     requirement that an election official verify the 
     identification of an individual by comparing the individual's 
     signature on the absentee ballot with the individual's 
     signature on the official list of registered voters in the 
     State or another official record or other document used by 
     the State to verify the signatures of voters.
       ``(2) Due process requirements.--
       ``(A) Notice and opportunity to cure discrepancy.--If an 
     individual submits an absentee ballot and the appropriate 
     State or local election official determines that a 
     discrepancy exists between the signature on such ballot and 
     the signature of such individual on the official list of 
     registered voters in the State or other official record or 
     document used by the State to verify the signatures of 
     voters, such election official, prior to making a final 
     determination as to the validity of such ballot, shall--
       ``(i) make a good faith effort to immediately notify the 
     individual by mail, telephone, and (if available) electronic 
     mail that--

       ``(I) a discrepancy exists between the signature on such 
     ballot and the signature of the individual on the official 
     list of registered voters in the State, and
       ``(II) if such discrepancy is not cured prior to the 
     expiration of the 10-day period which begins on the date the 
     official notifies the individual of the discrepancy, such 
     ballot will not be counted; and

       ``(ii) cure such discrepancy and count the ballot if, prior 
     to the expiration of the 10-day period described in clause 
     (i)(II), the individual provides the official with 
     information to cure such discrepancy, either in person, by 
     telephone, or by electronic methods.
       ``(B) Notice and opportunity to provide missing 
     signature.--If an individual submits an absentee ballot 
     without a signature, the appropriate State or local election 
     official, prior to making a final determination as to the 
     validity of the ballot, shall--
       ``(i) make a good faith effort to immediately notify the 
     individual by mail, telephone, and (if available) electronic 
     mail that--

       ``(I) the ballot did not include a signature, and
       ``(II) if the individual does not provide the missing 
     signature prior to the expiration of the 10-day period which 
     begins on the date the official notifies the individual that 
     the ballot did not include a signature, such ballot will not 
     be counted; and

       ``(ii) count the ballot if, prior to the expiration of the 
     10-day period described in clause (i)(II), the individual 
     provides the official with the missing signature on a form 
     proscribed by the State.
       ``(C) Other requirements.--An election official may not 
     make a determination that a discrepancy exists between the 
     signature on an absentee ballot and the signature of the 
     individual who submits the ballot on the official list of 
     registered voters in the State or other official record

[[Page H5388]]

     or other document used by the State to verify the signatures 
     of voters unless--
       ``(i) at least 2 election officials make the determination; 
     and
       ``(ii) each official who makes the determination has 
     received training in procedures used to verify signatures.
       ``(3) Report.--
       ``(A) In general.--Not later than 120 days after the end of 
     a Federal election cycle, each chief State election official 
     shall submit to Congress a report containing the following 
     information for the applicable Federal election cycle in the 
     State:
       ``(i) The number of ballots invalidated due to a 
     discrepancy under this subsection.
       ``(ii) Description of attempts to contact voters to provide 
     notice as required by this subsection.
       ``(iii) Description of the cure process developed by such 
     State pursuant to this subsection, including the number of 
     ballots determined valid as a result of such process.
       ``(B) Federal election cycle defined.--For purposes of this 
     subsection, the term `Federal election cycle' means the 
     period beginning on January 1 of any odd numbered year and 
     ending on December 31 of the following year.
       ``(c) Methods and Timing for Transmission of Ballots and 
     Balloting Materials to Voters.--
       ``(1) Method for requesting ballot.--In addition to such 
     other methods as the State may establish for an individual to 
     request an absentee ballot, the State shall permit an 
     individual to submit a request for an absentee ballot online. 
     The State shall be considered to meet the requirements of 
     this paragraph if the website of the appropriate State or 
     local election official allows an absentee ballot request 
     application to be completed and submitted online and if the 
     website permits the individual--
       ``(A) to print the application so that the individual may 
     complete the application and return it to the official; or
       ``(B) request that a paper copy of the application be 
     transmitted to the individual by mail or electronic mail so 
     that the individual may complete the application and return 
     it to the official.
       ``(2) Ensuring delivery prior to election.--If an 
     individual requests to vote by absentee ballot in an election 
     for Federal office, the appropriate State or local election 
     official shall ensure that the ballot and relating voting 
     materials are received by the individual prior to the date of 
     the election so long as the individual's request is received 
     by the official not later than 5 days (excluding Saturdays, 
     Sundays, and legal public holidays) before the date of the 
     election, except that nothing in this paragraph shall 
     preclude a State or local jurisdiction from allowing for the 
     acceptance and processing of ballot requests submitted or 
     received after such required period.
       ``(d) Accessibility for Individuals With Disabilities.--The 
     State shall ensure that all absentee ballots and related 
     voting materials in elections for Federal office are 
     accessible to individuals with disabilities in a manner that 
     provides the same opportunity for access and participation 
     (including with privacy and independence) as for other 
     voters.
       ``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
       ``(1) In general.--A State may not refuse to accept or 
     process a ballot submitted by an individual by mail with 
     respect to an election for Federal office in the State on the 
     grounds that the individual did not meet a deadline for 
     returning the ballot to the appropriate State or local 
     election official if--
       ``(A) the ballot is postmarked, signed, or otherwise 
     indicated by the United States Postal Service to have been 
     mailed on or before the date of the election; and
       ``(B) the ballot is received by the appropriate election 
     official prior to the expiration of the 10-day period which 
     begins on the date of the election.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to prohibit a State from having a law that 
     allows for counting of ballots in an election for Federal 
     office that are received through the mail after the date that 
     is 10 days after the date of the election.
       ``(f) Alternative Methods of Returning Ballots.--
       ``(1) In general.--In addition to permitting an individual 
     to whom a ballot in an election was provided under this 
     section to return the ballot to an election official by mail, 
     the State shall permit the individual to cast the ballot by 
     delivering the ballot at such times and to such locations as 
     the State may establish, including--
       ``(A) permitting the individual to deliver the ballot to a 
     polling place on any date on which voting in the election is 
     held at the polling place; and
       ``(B) permitting the individual to deliver the ballot to a 
     designated ballot drop-off location.
       ``(2) Permitting voters to designate other person to return 
     ballot.--The State--
       ``(A) shall permit a voter to designate any person to 
     return a voted and sealed absentee ballot to the post office, 
     a ballot drop-off location, tribally designated building, or 
     election office so long as the person designated to return 
     the ballot does not receive any form of compensation based on 
     the number of ballots that the person has returned and no 
     individual, group, or organization provides compensation on 
     this basis; and
       ``(B) may not put any limit on how many voted and sealed 
     absentee ballots any designated person can return to the post 
     office, a ballot drop off location, tribally designated 
     building, or election office.
       ``(g) Ballot Processing and Scanning Requirements.--
       ``(1) In general.--The State shall begin processing and 
     scanning ballots cast by mail for tabulation at least 14 days 
     prior to the date of the election involved.
       ``(2) Limitation.--Nothing in this subsection shall be 
     construed to permit a State to tabulate ballots in an 
     election before the closing of the polls on the date of the 
     election.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to affect the authority of States to conduct 
     elections for Federal office through the use of polling 
     places at which individuals cast ballots.
       ``(i) No Effect on Ballots Submitted by Absent Military and 
     Overseas Voters.--Nothing in this section may be construed to 
     affect the treatment of any ballot submitted by an individual 
     who is entitled to vote by absentee ballot under the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20301 et seq.).
       ``(j) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2020 and each succeeding 
     election for Federal office.

     ``SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM.

       ``(a) Requirement.--Each State shall carry out a program to 
     track and confirm the receipt of absentee ballots in an 
     election for Federal office under which the State or local 
     election official responsible for the receipt of voted 
     absentee ballots in the election carries out procedures to 
     track and confirm the receipt of such ballots, and makes 
     information on the receipt of such ballots available to the 
     individual who cast the ballot, by means of online access 
     using the Internet site of the official's office.
       ``(b) Information on Whether Vote Was Counted.--The 
     information referred to under subsection (a) with respect to 
     the receipt of an absentee ballot shall include information 
     regarding whether the vote cast on the ballot was counted, 
     and, in the case of a vote which was not counted, the reasons 
     therefor.
       ``(c) Use of Toll-Free Telephone Number by Officials 
     Without Internet Site.--A program established by a State or 
     local election official whose office does not have an 
     Internet site may meet the requirements of subsection (a) if 
     the official has established a toll-free telephone number 
     that may be used by an individual who cast an absentee ballot 
     to obtain the information on the receipt of the voted 
     absentee ballot as provided under such subsection.
       ``(d) Effective Date.--This section shall begin to apply on 
     that date that is 90 days after the date of the enactment of 
     this section.

     ``SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS.

       ``(a) Statewide Counting of Provisional Ballots.--
       ``(1) In general.--For purposes of section 302(a)(4), 
     notwithstanding the precinct or polling place at which a 
     provisional ballot is cast within the State, the appropriate 
     election official shall count each vote on such ballot for 
     each election in which the individual who cast such ballot is 
     eligible to vote.
       ``(2) Effective date.--This subsection shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2020 and each succeeding 
     election for Federal office.
       ``(b) Uniform and Nondiscriminatory Standards.--
       ``(1) In general.--Consistent with the requirements of 
     section 302, each State shall establish uniform and 
     nondiscriminatory standards for the issuance, handling, and 
     counting of provisional ballots.
       ``(2) Effective date.--This subsection shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2020 and each succeeding 
     election for Federal office.

     ``SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN MARIANA 
                   ISLANDS.

       ``In this subtitle, the term `State' includes the 
     Commonwealth of the Northern Mariana Islands.

     ``SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING ABILITY OF 
                   INDIVIDUALS TO VOTE.

       ``The requirements of this subtitle are minimum 
     requirements, and nothing in this subtitle may be construed 
     to prevent a State from establishing standards which promote 
     the ability of individuals to vote in elections for Federal 
     office, so long as such standards are not inconsistent with 
     the requirements of this subtitle or other Federal laws.''.
       (b) Conforming Amendment Relating to Issuance of Voluntary 
     Guidance by Election Assistance Commission.--Section 311(b) 
     of such Act (52 U.S.C. 21101(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) in the case of the recommendations with respect to 
     subtitle C, June 30, 2020.''.
       (c) Enforcement.--
       (1) Coverage under existing enforcement provisions.--
     Section 401 of such Act (52 U.S.C. 21111) is amended by 
     striking ``and 303'' and inserting ``303, and subtitle C of 
     title III''.
       (2) Availability of private right of action.--Title IV of 
     such (52 U.S.C. 21111 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF CERTAIN 
                   REQUIREMENTS.

       ``(a) In General.--In the case of a violation of subtitle C 
     of title III, section 402 shall not apply and any person who 
     is aggrieved by such violation may provide written notice of 
     the violation to the chief election official of the State 
     involved.
       ``(b) Relief.--If the violation is not corrected within 20 
     days after receipt of a notice under subsection (a), or 
     within 5 days after receipt of

[[Page H5389]]

     the notice if the violation occurred within 120 days before 
     the date of an election for Federal office, the aggrieved 
     person may, in a civil action, obtain declaratory or 
     injunctive relief with respect to the violation.
       ``(c) Special Rule.--If the violation occurred within 5 
     days before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State involved under subsection (a) 
     before bringing a civil action under subsection (b).''.
       (d) Clerical Amendment.--The table of contents of such Act 
     is amended--
       (1) by adding at the end of the items relating to title III 
     the following:

                    ``Subtitle C--Other Requirements

``Sec. 321. Early voting.
``Sec. 322. Promoting ability of voters to vote by mail.
``Sec. 323. Absentee ballot tracking program.
``Sec. 324. Rules for counting provisional ballots.
``Sec. 325. Coverage of Commonwealth of Northern Mariana Islands.
``Sec. 326. Minimum requirements for expanding ability of individuals 
              to vote.''; and
       (2) by adding at the end of the items relating to title IV 
     the following new item:

``Sec. 403. Private right of action for violations of certain 
              requirements.''.

     SEC. 104. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET 
                   IDENTIFICATION REQUIREMENTS FOR VOTING.

       (a) Permitting Use of Statement.--Subtitle C of title III 
     of the Help America Vote Act of 2002, as added by section 
     160003(a), is amended--
       (1) by redesignating sections 325 and 326 as sections 326 
     and 327; and
       (2) by inserting after section 324 the following new 
     section:

     ``SEC. 325. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET 
                   IDENTIFICATION REQUIREMENTS.

       ``(a) Use of Statement.--
       ``(1) In general.--Except as provided in subsection (c), if 
     a State has in effect a requirement that an individual 
     present identification as a condition of casting a ballot in 
     an election for Federal office, the State shall permit the 
     individual to meet the requirement--
       ``(A) in the case of an individual who desires to vote in 
     person, by presenting the appropriate State or local election 
     official with a sworn written statement, signed by the 
     individual under penalty of perjury, attesting to the 
     individual's identity and attesting that the individual is 
     eligible to vote in the election; or
       ``(B) in the case of an individual who desires to vote by 
     mail, by submitting with the ballot the statement described 
     in subparagraph (A).
       ``(2) Development of pre-printed version of statement by 
     commission.--The Commission shall develop a pre-printed 
     version of the statement described in paragraph (1)(A) which 
     includes a blank space for an individual to provide a name 
     and signature for use by election officials in States which 
     are subject to paragraph (1).
       ``(3) Providing pre-printed copy of statement.--A State 
     which is subject to paragraph (1) shall--
       ``(A) make copies of the pre-printed version of the 
     statement described in paragraph (1)(A) which is prepared by 
     the Commission available at polling places for election 
     officials to distribute to individuals who desire to vote in 
     person; and
       ``(B) include a copy of such pre-printed version of the 
     statement with each blank absentee or other ballot 
     transmitted to an individual who desires to vote by mail.
       ``(b) Requiring Use of Ballot in Same Manner as Individuals 
     Presenting Identification.--An individual who presents or 
     submits a sworn written statement in accordance with 
     subsection (a)(1) shall be permitted to cast a ballot in the 
     election in the same manner as an individual who presents 
     identification.
       ``(c) Exception for First-time Voters Registering by 
     Mail.--Subsections (a) and (b) do not apply with respect to 
     any individual described in paragraph (1) of section 303(b) 
     who is required to meet the requirements of paragraph (2) of 
     such section.''.
       (b) Requiring States to Include Information on Use of Sworn 
     Written Statement in Voting Information Material Posted at 
     Polling Places.--Section 302(b)(2) of such Act (52 U.S.C. 
     21082(b)(2)), is amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(G) in the case of a State that has in effect a 
     requirement that an individual present identification as a 
     condition of casting a ballot in an election for Federal 
     office, information on how an individual may meet such 
     requirement by presenting a sworn written statement in 
     accordance with section 303A.''.
       (c) Clerical Amendment.--The table of contents of such Act, 
     as amended by section 160003, is amended--
       (1) by redesignating the items relating to sections 325 and 
     326 as relating to sections 326 and 327; and
       (2) by inserting after the item relating to section 324 the 
     following new item:

``Sec. 325. Permitting use of sworn written statement to meet 
              identification requirements.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to elections occurring on or after 
     the date of the enactment of this Act.

     SEC. 105. VOTING MATERIALS POSTAGE.

       (a) Prepayment of Postage on Return Envelopes.--
       (1) In general.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by section 160003(a) and 
     as amended by section 160004(a), is further amended--
       (A) by redesignating sections 326 and 327 as sections 327 
     and 328; and
       (B) by inserting after section 325 the following new 
     section:

     ``SEC. 326. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR 
                   VOTING MATERIALS.

       ``(a) Provision of Return Envelopes.--The appropriate State 
     or local election official shall provide a self-sealing 
     return envelope with--
       ``(1) any voter registration application form transmitted 
     to a registrant by mail;
       ``(2) any application for an absentee ballot transmitted to 
     an applicant by mail; and
       ``(3) any blank absentee ballot transmitted to a voter by 
     mail.
       ``(b) Prepayment of Postage.--Consistent with regulations 
     of the United States Postal Service, the State or the unit of 
     local government responsible for the administration of the 
     election involved shall prepay the postage on any envelope 
     provided under subsection (a).
       ``(c) No Effect on Ballots or Balloting Materials 
     Transmitted to Absent Military and Overseas Voters.--Nothing 
     in this section may be construed to affect the treatment of 
     any ballot or balloting materials transmitted to an 
     individual who is entitled to vote by absentee ballot under 
     the Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20301 et seq.).
       ``(d) Effective Date.--This section shall take effect on 
     the date that is 90 days after the date of the enactment of 
     this section, except that--
       ``(1) State and local jurisdictions shall make arrangements 
     with the United States Postal Service to pay for all postage 
     costs that such jurisdictions would be required to pay under 
     this section if this section took effect on the date of 
     enactment; and
       ``(2) States shall take all reasonable efforts to provide 
     self-sealing return envelopes as provided in this section.''.
       (2) Clerical amendment.--The table of contents of such Act, 
     as amended by section 160004(c), is amended--
       (A) by redesignating the items relating to sections 326 and 
     327 as relating to sections 327 and 328; and
       (B) by inserting after the item relating to section 325 the 
     following new item:

``Sec. 326. Prepayment of postage on return envelopes for voting 
              materials''.
       (b) Role of United States Postal Service.--
       (1) In general.--Chapter 34 of title 39, United States 
     Code, is amended by adding after section 3406 the following:

     ``Sec. 3407. Voting materials

       ``(a) Any voter registration application, absentee ballot 
     application, or absentee ballot with respect to any election 
     for Federal office shall be carried expeditiously, with 
     postage on the return envelope prepaid by the State or unit 
     of local government responsible for the administration of the 
     election.
       ``(b) As used in this section--
       ``(1) the term `absentee ballot' means any ballot 
     transmitted by a voter by mail in an election for Federal 
     office, but does not include any ballot covered by section 
     3406; and
       ``(2) the term `election for Federal office' means a 
     general, special, primary, or runoff election for the office 
     of President or Vice President, or of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress.
       ``(c) Nothing in this section may be construed to affect 
     the treatment of any ballot or balloting materials 
     transmitted to an individual who is entitled to vote by 
     absentee ballot under the Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20301 et seq.).''.
       (2) Clerical amendment.--The table of sections for chapter 
     34 of such title is amended by inserting after the item 
     relating to section 3406 the following:

``3407. Voting materials.''.

     SEC. 106. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS 
                   UNDER UOCAVA TO CERTAIN VOTERS.

       (a) In General.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by 
     inserting after section 103B the following new section:

     ``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO 
                   CERTAIN OTHER VOTERS.

       ``(a) In General.--
       ``(1) State responsibilities.--Subject to the provisions of 
     this section, each State shall transmit blank absentee 
     ballots electronically to qualified individuals who request 
     such ballots in the same manner and under the same terms and 
     conditions under which the State transmits such ballots 
     electronically to absent uniformed services voters and 
     overseas voters under the provisions of section 102(f), 
     except that no such marked ballots shall be returned 
     electronically.
       ``(2) Requirements.--Any blank absentee ballot transmitted 
     to a qualified individual under this section--
       ``(A) must comply with the language requirements under 
     section 203 of the Voting Rights Act of 1965 (52 U.S.C. 
     10503); and
       ``(B) must comply with the disability requirements under 
     section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d).
       ``(3) Affirmation.--The State may not transmit a ballot to 
     a qualified individual under this section unless the 
     individual provides the State with a signed affirmation in 
     electronic form that--
       ``(A) the individual is a qualified individual (as defined 
     in subsection (b));

[[Page H5390]]

       ``(B) the individual has not and will not cast another 
     ballot with respect to the election; and
       ``(C) acknowledges that a material misstatement of fact in 
     completing the ballot may constitute grounds for conviction 
     of perjury.
       ``(4) Clarification regarding free postage.--An absentee 
     ballot obtained by a qualified individual under this section 
     shall be considered balloting materials as defined in section 
     107 for purposes of section 3406 of title 39, United States 
     Code.
       ``(5) Prohibiting refusal to accept ballot for failure to 
     meet certain requirements.--A State shall not refuse to 
     accept and process any otherwise valid blank absentee ballot 
     which was transmitted to a qualified individual under this 
     section and used by the individual to vote in the election 
     solely on the basis of the following:
       ``(A) Notarization or witness signature requirements.
       ``(B) Restrictions on paper type, including weight and 
     size.
       ``(C) Restrictions on envelope type, including weight and 
     size.
       ``(b) Qualified Individual.--
       ``(1) In general.--In this section, except as provided in 
     paragraph (2), the term `qualified individual' means any 
     individual who is otherwise qualified to vote in an election 
     for Federal office and who meets any of the following 
     requirements:
       ``(A) The individual--
       ``(i) has previously requested an absentee ballot from the 
     State or jurisdiction in which such individual is registered 
     to vote; and
       ``(ii) has not received such absentee ballot at least 2 
     days before the date of the election.
       ``(B) The individual--
       ``(i) resides in an area of a State with respect to which 
     an emergency or public health emergency has been declared by 
     the chief executive of the State or of the area involved 
     within 5 days of the date of the election under the laws of 
     the State due to reasons including a natural disaster, 
     including severe weather, or an infectious disease; and
       ``(ii) has not previously requested an absentee ballot.
       ``(C) The individual expects to be absent from such 
     individual's jurisdiction on the date of the election due to 
     professional or volunteer service in response to a natural 
     disaster or emergency as described in subparagraph (B).
       ``(D) The individual is hospitalized or expects to be 
     hospitalized on the date of the election.
       ``(E) The individual is an individual with a disability (as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102)) and resides in a State which does 
     not offer voters the ability to use secure and accessible 
     remote ballot marking. For purposes of this subparagraph, a 
     State shall permit an individual to self-certify that the 
     individual is an individual with a disability.
       ``(2) Exclusion of absent uniformed services and overseas 
     voters.--The term `qualified individual' shall not include an 
     absent uniformed services voter or an overseas voter.
       ``(c) State.--For purposes of this section, the term 
     `State' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands.
       ``(d) Effective Date.--This section shall apply with 
     respect to the regularly scheduled general election for 
     Federal office held in November 2020 and each succeeding 
     election for Federal office.''.
       (b) Conforming Amendment.--Section 102(a) of such Act (52 
     U.S.C. 20302(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (10);
       (2) by striking the period at the end of paragraph (11) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(12) meet the requirements of section 103C with respect 
     to the provision of blank absentee ballots for the use of 
     qualified individuals described in such section.''.
       (c) Clerical Amendments.--The table of contents of such Act 
     is amended by inserting the following after section 103:

``Sec. 103A. Procedures for collection and delivery of marked absentee 
              ballots of absent overseas uniformed services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Transmission of blank absentee ballots to certain other 
              voters.''.

     SEC. 107. VOTER REGISTRATION.

       (a) Requiring Availability of Internet for Voter 
     Registration.--
       (1) Requiring availability of internet for registration.--
     The National Voter Registration Act of 1993 (52 U.S.C. 20501 
     et seq.) is amended by inserting after section 6 the 
     following new section:

     ``SEC. 6A. INTERNET REGISTRATION.

       ``(a) Requiring Availability of Internet for Online 
     Registration.--
       ``(1) Availability of online registration and correction of 
     existing registration information.--Each State, acting 
     through the chief State election official, shall ensure that 
     the following services are available to the public at any 
     time on the official public websites of the appropriate State 
     and local election officials in the State, in the same manner 
     and subject to the same terms and conditions as the services 
     provided by voter registration agencies under section 7(a):
       ``(A) Online application for voter registration.
       ``(B) Online assistance to applicants in applying to 
     register to vote.
       ``(C) Online completion and submission by applicants of the 
     mail voter registration application form prescribed by the 
     Election Assistance Commission pursuant to section 9(a)(2), 
     including assistance with providing a signature as required 
     under subsection (c).
       ``(D) Online receipt of completed voter registration 
     applications.
       ``(b) Acceptance of Completed Applications.--A State shall 
     accept an online voter registration application provided by 
     an individual under this section, and ensure that the 
     individual is registered to vote in the State, if--
       ``(1) the individual meets the same voter registration 
     requirements applicable to individuals who register to vote 
     by mail in accordance with section 6(a)(1) using the mail 
     voter registration application form prescribed by the 
     Election Assistance Commission pursuant to section 9(a)(2); 
     and
       ``(2) the individual meets the requirements of subsection 
     (c) to provide a signature in electronic form (but only in 
     the case of applications submitted during or after the second 
     year in which this section is in effect in the State).
       ``(c) Signature Requirements.--
       ``(1) In general.--For purposes of this section, an 
     individual meets the requirements of this subsection as 
     follows:
       ``(A) In the case of an individual who has a signature on 
     file with a State agency, including the State motor vehicle 
     authority, that is required to provide voter registration 
     services under this Act or any other law, the individual 
     consents to the transfer of that electronic signature.
       ``(B) If subparagraph (A) does not apply, the individual 
     submits with the application an electronic copy of the 
     individual's handwritten signature through electronic means.
       ``(C) If subparagraph (A) and subparagraph (B) do not 
     apply, the individual executes a computerized mark in the 
     signature field on an online voter registration application, 
     in accordance with reasonable security measures established 
     by the State, but only if the State accepts such mark from 
     the individual.
       ``(2) Treatment of individuals unable to meet 
     requirement.--If an individual is unable to meet the 
     requirements of paragraph (1), the State shall--
       ``(A) permit the individual to complete all other elements 
     of the online voter registration application;
       ``(B) permit the individual to provide a signature at the 
     time the individual requests a ballot in an election (whether 
     the individual requests the ballot at a polling place or 
     requests the ballot by mail); and
       ``(C) if the individual carries out the steps described in 
     subparagraph (A) and subparagraph (B), ensure that the 
     individual is registered to vote in the State.
       ``(3) Notice.--The State shall ensure that individuals 
     applying to register to vote online are notified of the 
     requirements of paragraph (1) and of the treatment of 
     individuals unable to meet such requirements, as described in 
     paragraph (2).
       ``(d) Confirmation and Disposition.--
       ``(1) Confirmation of receipt.--Upon the online submission 
     of a completed voter registration application by an 
     individual under this section, the appropriate State or local 
     election official shall send the individual a notice 
     confirming the State's receipt of the application and 
     providing instructions on how the individual may check the 
     status of the application.
       ``(2) Notice of disposition.--Not later than 7 days after 
     the appropriate State or local election official has approved 
     or rejected an application submitted by an individual under 
     this section, the official shall send the individual a notice 
     of the disposition of the application.
       ``(3) Method of notification.--The appropriate State or 
     local election official shall send the notices required under 
     this subsection by regular mail and--
       ``(A) in the case of an individual who has provided the 
     official with an electronic mail address, by electronic mail; 
     and
       ``(B) at the option of an individual, by text message.
       ``(e) Provision of Services in Nonpartisan Manner.--The 
     services made available under subsection (a) shall be 
     provided in a manner that ensures that, consistent with 
     section 7(a)(5)--
       ``(1) the online application does not seek to influence an 
     applicant's political preference or party registration; and
       ``(2) there is no display on the website promoting any 
     political preference or party allegiance, except that nothing 
     in this paragraph may be construed to prohibit an applicant 
     from registering to vote as a member of a political party.
       ``(f) Protection of Security of Information.--In meeting 
     the requirements of this section, the State shall establish 
     appropriate technological security measures to prevent to the 
     greatest extent practicable any unauthorized access to 
     information provided by individuals using the services made 
     available under subsection (a).
       ``(g) Accessibility of Services.--A state shall ensure that 
     the services made available under this section are made 
     available to individuals with disabilities to the same extent 
     as services are made available to all other individuals.
       ``(h) Use of Additional Telephone-Based System.--A State 
     shall make the services made available online under 
     subsection (a) available through the use of an automated 
     telephone-based system, subject to the same terms and 
     conditions applicable under this section to the services made 
     available online, in addition to making the services 
     available online in accordance with the requirements of this 
     section.
       ``(i) Nondiscrimination Among Registered Voters Using Mail 
     and Online Registration.--In carrying out this Act, the Help 
     America Vote Act of 2002, or any other Federal, State, or 
     local law governing the treatment of registered voters in the 
     State or the administration of elections for public office in 
     the State, a

[[Page H5391]]

     State shall treat a registered voter who registered to vote 
     online in accordance with this section in the same manner as 
     the State treats a registered voter who registered to vote by 
     mail.''.
       (2) Special requirements for individuals using online 
     registration.--
       (A) Treatment as individuals registering to vote by mail 
     for purposes of first-time voter identification 
     requirements.--Section 303(b)(1)(A) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 
     ``by mail'' and inserting ``by mail or online under section 
     6A of the National Voter Registration Act of 1993''.
       (B) Requiring signature for first-time voters in 
     jurisdiction.--Section 303(b) of such Act (52 U.S.C. 
     21083(b)) is amended--
       (i) by redesignating paragraph (5) as paragraph (6); and
       (ii) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Signature requirements for first-time voters using 
     online registration.--
       ``(A) In general.--A State shall, in a uniform and 
     nondiscriminatory manner, require an individual to meet the 
     requirements of subparagraph (B) if--
       ``(i) the individual registered to vote in the State online 
     under section 6A of the National Voter Registration Act of 
     1993; and
       ``(ii) the individual has not previously voted in an 
     election for Federal office in the State.
       ``(B) Requirements.--An individual meets the requirements 
     of this subparagraph if--
       ``(i) in the case of an individual who votes in person, the 
     individual provides the appropriate State or local election 
     official with a handwritten signature; or
       ``(ii) in the case of an individual who votes by mail, the 
     individual submits with the ballot a handwritten signature.
       ``(C) Inapplicability.--Subparagraph (A) does not apply in 
     the case of an individual who is--
       ``(i) entitled to vote by absentee ballot under the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20302 et seq.);
       ``(ii) provided the right to vote otherwise than in person 
     under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
     the Elderly and Handicapped Act (52 U.S.C. 
     20102(b)(2)(B)(ii)); or
       ``(iii) entitled to vote otherwise than in person under any 
     other Federal law.''.
       (C) Conforming amendment relating to effective date.--
     Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) 
     is amended by striking ``Each State'' and inserting ``Except 
     as provided in subsection (b)(5), each State''.
       (3) Conforming amendments.--
       (A) Timing of registration.--Section 8(a)(1) of the 
     National Voter Registration Act of 1993 (52 U.S.C. 
     20507(a)(1)) is amended--
       (i) by striking ``and'' at the end of subparagraph (C);
       (ii) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (iii) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) in the case of online registration through the 
     official public website of an election official under section 
     6A, if the valid voter registration application is submitted 
     online not later than the lesser of 28 days, or the period 
     provided by State law, before the date of the election (as 
     determined by treating the date on which the application is 
     sent electronically as the date on which it is submitted); 
     and''.
       (B) Informing applicants of eligibility requirements and 
     penalties.--Section 8(a)(5) of such Act (52 U.S.C. 
     20507(a)(5)) is amended by striking ``and 7'' and inserting 
     ``6A, and 7''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this subsection.
       (b) Use of Internet to Update Registration Information.--
       (1) Updates to information contained on computerized 
     statewide voter registration list.--
       (A) In general.--Section 303(a) of the Help America Vote 
     Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the 
     end the following new paragraph:
       ``(6) Use of internet by registered voters to update 
     information.--
       ``(A) In general.--The appropriate State or local election 
     official shall ensure that any registered voter on the 
     computerized list may at any time update the voter's 
     registration information, including the voter's address and 
     electronic mail address, online through the official public 
     website of the election official responsible for the 
     maintenance of the list, so long as the voter attests to the 
     contents of the update by providing a signature in electronic 
     form in the same manner required under section 6A(c) of the 
     National Voter Registration Act of 1993.
       ``(B) Processing of updated information by election 
     officials.--If a registered voter updates registration 
     information under subparagraph (A), the appropriate State or 
     local election official shall--
       ``(i) revise any information on the computerized list to 
     reflect the update made by the voter; and
       ``(ii) if the updated registration information affects the 
     voter's eligibility to vote in an election for Federal 
     office, ensure that the information is processed with respect 
     to the election if the voter updates the information not 
     later than the lesser of 7 days, or the period provided by 
     State law, before the date of the election.
       ``(C) Confirmation and disposition.--
       ``(i) Confirmation of receipt.--Upon the online submission 
     of updated registration information by an individual under 
     this paragraph, the appropriate State or local election 
     official shall send the individual a notice confirming the 
     State's receipt of the updated information and providing 
     instructions on how the individual may check the status of 
     the update.
       ``(ii) Notice of disposition.--Not later than 7 days after 
     the appropriate State or local election official has accepted 
     or rejected updated information submitted by an individual 
     under this paragraph, the official shall send the individual 
     a notice of the disposition of the update.
       ``(iii) Method of notification.--The appropriate State or 
     local election official shall send the notices required under 
     this subparagraph by regular mail and--

       ``(I) in the case of an individual who has requested that 
     the State provide voter registration and voting information 
     through electronic mail, by electronic mail; and
       ``(II) at the option of an individual, by text message.''.

       (B) Conforming amendment relating to effective date.--
     Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) 
     is amended by striking ``subparagraph (B),'' and inserting 
     ``subparagraph (B) and subsection (a)(6),''.
       (2) Ability of registrant to use online update to provide 
     information on residence.--Section 8(d)(2)(A) of the National 
     Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is 
     amended--
       (A) in the first sentence, by inserting after ``return the 
     card'' the following: ``or update the registrant's 
     information on the computerized Statewide voter registration 
     list using the online method provided under section 303(a)(6) 
     of the Help America Vote Act of 2002''; and
       (B) in the second sentence, by striking ``returned,'' and 
     inserting the following: ``returned or if the registrant does 
     not update the registrant's information on the computerized 
     Statewide voter registration list using such online 
     method,''.
       (c) Same Day Registration.--
       (1) In general.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by section 160003(a) and 
     as amended by sections 160004(a) and 160005(a), is further 
     amended--
       (A) by redesignating sections 327 and 328 as sections 328 
     and 329; and
       (B) by inserting after section 326 the following new 
     section:

     ``SEC. 327. SAME DAY REGISTRATION.

       ``(a) In General.--
       ``(1) Registration.--Each State shall permit any eligible 
     individual on the day of a Federal election and on any day 
     when voting, including early voting, is permitted for a 
     Federal election--
       ``(A) to register to vote in such election at the polling 
     place using a form that meets the requirements under section 
     9(b) of the National Voter Registration Act of 1993 (or, if 
     the individual is already registered to vote, to revise any 
     of the individual's voter registration information); and
       ``(B) to cast a vote in such election.
       ``(2) Exception.--The requirements under paragraph (1) 
     shall not apply to a State in which, under a State law in 
     effect continuously on and after the date of the enactment of 
     this section, there is no voter registration requirement for 
     individuals in the State with respect to elections for 
     Federal office.
       ``(b) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means, with respect to any 
     election for Federal office, an individual who is otherwise 
     qualified to vote in that election.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) for the 
     regularly scheduled general election for Federal office 
     occurring in November 2020 and for any subsequent election 
     for Federal office.''.
       (2) Clerical amendment.--The table of contents of such Act, 
     as added by section 160003 and as amended by sections 160004 
     and 160005, is further amended--
       (A) by redesignating the items relating to sections 327 and 
     328 as relating to sections 328 and 329; and
       (B) by inserting after the item relating to section 326 the 
     following new item:

``Sec. 327. Same day registration.''.
       (d) Prohibiting State From Requiring Applicants to Provide 
     More Than Last 4 Digits of Social Security Number.--
       (1) Form included with application for motor vehicle 
     driver's license.--Section 5(c)(2)(B)(ii) of the National 
     Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) 
     is amended by striking the semicolon at the end and inserting 
     the following: ``, and to the extent that the application 
     requires the applicant to provide a Social Security number, 
     may not require the applicant to provide more than the last 4 
     digits of such number;''.
       (2) National mail voter registration form.--Section 9(b)(1) 
     of such Act (52 U.S.C. 20508(b)(1)) is amended by striking 
     the semicolon at the end and inserting the following: ``, and 
     to the extent that the form requires the applicant to provide 
     a Social Security number, the form may not require the 
     applicant to provide more than the last 4 digits of such 
     number;''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2020 and each 
     succeeding election for Federal office.

     SEC. 108. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.

       (a) Accommodations Described.--
       (1) Designation of ballot pickup and collection 
     locations.--Given the widespread lack of residential mail 
     delivery in Indian Country, an Indian Tribe may designate 
     buildings as ballot pickup and collection locations with 
     respect to an election for Federal office at no cost to the 
     Indian Tribe. An Indian Tribe may designate one building per 
     precinct located within Indian lands. The applicable State or 
     political subdivision shall collect ballots from those 
     locations. The applicable State or political subdivision 
     shall provide the Indian Tribe with accurate precinct maps 
     for all precincts located within Indian lands 60 days before 
     the election.
       (2) Provision of mail-in and absentee ballots.--The State 
     or political subdivision shall

[[Page H5392]]

     provide mail-in and absentee ballots with respect to an 
     election for Federal office to each individual who is 
     registered to vote in the election who resides on Indian 
     lands in the State or political subdivision involved without 
     requiring a residential address or a mail-in or absentee 
     ballot request.
       (3) Use of designated building as residential and mailing 
     address.--The address of a designated building that is a 
     ballot pickup and collection location with respect to an 
     election for Federal office may serve as the residential 
     address and mailing address for voters living on Indian lands 
     if the tribally designated building is in the same precinct 
     as that voter. If there is no tribally designated building 
     within a voter's precinct, the voter may use another tribally 
     designated building within the Indian lands where the voter 
     is located. Voters using a tribally designated building 
     outside of the voter's precinct may use the tribally 
     designated building as a mailing address and may separately 
     designate the voter's appropriate precinct through a 
     description of the voter's address, as specified in section 
     9428.4(a)(2) of title 11, Code of Federal Regulations.
       (4) Language accessibility.--In the case of a State or 
     political subdivision that is a covered State or political 
     subdivision under section 203 of the Voting Rights Act of 
     1965 (52 U.S.C. 10503), that State or political subdivision 
     shall provide absentee or mail-in voting materials with 
     respect to an election for Federal office in the language of 
     the applicable minority group as well as in the English 
     language, bilingual election voting assistance, and written 
     translations of all voting materials in the language of the 
     applicable minority group, as required by section 203 of the 
     Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by 
     subsection (b).
       (5) Clarification.--Nothing in this section alters the 
     ability of an individual voter residing on Indian lands to 
     request a ballot in a manner available to all other voters in 
     the State.
       (6) Definitions.--In this section:
       (A) Election for federal office.--The term ``election for 
     Federal office'' means a general, special, primary or runoff 
     election for the office of President or Vice President, or of 
     Senator or Representative in, or Delegate or Resident 
     Commissioner to, the Congress.
       (B) Indian.--The term ``Indian'' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       (C) Indian lands.--The term ``Indian lands'' includes--
       (i) any Indian country of an Indian Tribe, as defined under 
     section 1151 of title 18, United States Code;
       (ii) any land in Alaska owned, pursuant to the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an 
     Indian Tribe that is a Native village (as defined in section 
     3 of that Act (43 U.S.C. 1602)) or by a Village Corporation 
     that is associated with an Indian Tribe (as defined in 
     section 3 of that Act (43 U.S.C. 1602));
       (iii) any land on which the seat of the Tribal Government 
     is located; and
       (iv) any land that is part or all of a Tribal designated 
     statistical area associated with an Indian Tribe, or is part 
     or all of an Alaska Native village statistical area 
     associated with an Indian Tribe, as defined by the Census 
     Bureau for the purposes of the most recent decennial census.
       (D) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (E) Tribal government.--The term ``Tribal Government'' 
     means the recognized governing body of an Indian Tribe.
       (7) Enforcement.--
       (A) Attorney general.--The Attorney General may bring a 
     civil action in an appropriate district court for such 
     declaratory or injunctive relief as is necessary to carry out 
     this subsection.
       (B) Private right of action.--
       (i) A person or Tribal Government who is aggrieved by a 
     violation of this subsection may provide written notice of 
     the violation to the chief election official of the State 
     involved.
       (ii) An aggrieved person or Tribal Government may bring a 
     civil action in an appropriate district court for declaratory 
     or injunctive relief with respect to a violation of this 
     subsection, if--

       (I) that person or Tribal Government provides the notice 
     described in clause (i); and
       (II)(aa) in the case of a violation that occurs more than 
     120 days before the date of an election for Federal office, 
     the violation remains and 90 days or more have passed since 
     the date on which the chief election official of the State 
     receives the notice under clause (i); or
       (bb) in the case of a violation that occurs 120 days or 
     less before the date of an election for Federal office, the 
     violation remains and 20 days or more have passed since the 
     date on which the chief election official of the State 
     receives the notice under clause (i).

       (iii) In the case of a violation of this section that 
     occurs 30 days or less before the date of an election for 
     Federal office, an aggrieved person or Tribal Government may 
     bring a civil action in an appropriate district court for 
     declaratory or injunctive relief with respect to the 
     violation without providing notice to the chief election 
     official of the State under clause (i).
       (b) Bilingual Election Requirements.--Section 203 of the 
     Voting Rights Act of 1965 (52 U.S.C. 10503) is amended--
       (1) in subsection (b)(3)(C), by striking ``1990'' and 
     inserting ``2010''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Provision of Voting Materials in the Language of a 
     Minority Group.--
       ``(1) In general.--Whenever any State or political 
     subdivision subject to the prohibition of subsection (b) of 
     this section provides any registration or voting notices, 
     forms, instructions, assistance, or other materials or 
     information relating to the electoral process, including 
     ballots, it shall provide them in the language of the 
     applicable minority group as well as in the English language.
       ``(2) Exceptions.--
       ``(A) In the case of a minority group that is not American 
     Indian or Alaska Native and the language of that minority 
     group is oral or unwritten, the State or political 
     subdivision shall only be required to furnish, in the covered 
     language, oral instructions, assistance, translation of 
     voting materials, or other information relating to 
     registration and voting.
       ``(B) In the case of a minority group that is American 
     Indian or Alaska Native, the State or political subdivision 
     shall only be required to furnish in the covered language 
     oral instructions, assistance, or other information relating 
     to registration and voting, including all voting materials, 
     if the Tribal Government of that minority group has certified 
     that the language of the applicable American Indian or Alaska 
     Native language is presently unwritten or the Tribal 
     Government does not want written translations in the minority 
     language.
       ``(3) Written translations for election workers.--
     Notwithstanding paragraph (2), the State or political 
     division may be required to provide written translations of 
     voting materials, with the consent of any applicable Indian 
     Tribe, to election workers to ensure that the translations 
     from English to the language of a minority group are 
     complete, accurate, and uniform.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to the regularly 
     scheduled general election for Federal office held in 
     November 2020 and each succeeding election for Federal 
     office.

     SEC. 109. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO 
                   STATES TO ASSIST WITH COSTS OF COMPLIANCE.

       (a) Availability of Grants.--Subtitle D of title II of the 
     Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is 
     amended by adding at the end the following new part:

 ``PART 7--PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH ACCESS ACT

     ``SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH 
                   ACCESS ACT.

       ``(a) Availability and Use of Payments.--
       ``(1) In general.--The Commission shall make a payment to 
     each eligible State to assist the State with the costs of 
     complying with the American Coronavirus/COVID-19 Election 
     Safety and Security Act and the amendments made by such Act, 
     including the provisions of such Act and such amendments 
     which require States to pre-pay the postage on absentee 
     ballots and balloting materials.
       ``(2) Public education campaigns.--For purposes of this 
     part, the costs incurred by a State in carrying out a 
     campaign to educate the public about the requirements of the 
     American Coronavirus/COVID-19 Election Safety and Security 
     Act and the amendments made by such Act shall be included as 
     the costs of complying with such Act and such amendments.
       ``(b) Primary Elections.--
       ``(1) Payments to states.--In addition to any payments 
     under subsection (a), the Commission shall make a payment to 
     each eligible State to assist the State with the costs 
     incurred in voluntarily electing to comply with the American 
     Coronavirus/COVID-19 Election Safety and Security Act and the 
     amendments made by such Act with respect to primary elections 
     for Federal office held in the State in 2020.
       ``(2) State party-run primaries.--In addition to any 
     payments under paragraph (1), the Commission shall make 
     payments to each eligible political party of the State for 
     costs incurred by such parties to send absentee ballots and 
     return envelopes with prepaid postage to eligible voters 
     participating in such primaries during 2020.
       ``(c) Pass-through of Funds to Local Jurisdictions.--
       ``(1) In general.--If a State receives a payment under this 
     part for costs that include costs incurred by a local 
     jurisdiction or Tribal government within the State, the State 
     shall pass through to such local jurisdiction or Tribal 
     government a portion of such payment that is equal to the 
     amount of the costs incurred by such local jurisdiction or 
     Tribal government.
       ``(2) Tribal government defined.--In this subsection, the 
     term `Tribal Government' means the recognized governing body 
     of an Indian tribe (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).
       ``(d) Schedule of Payments.--As soon as practicable after 
     the date of the enactment of this part and not less 
     frequently than once each calendar year thereafter, the 
     Commission shall make payments under this part.
       ``(e) Coverage of Commonwealth of Northern Mariana 
     Islands.--In this part, the term `State' includes the 
     Commonwealth of the Northern Mariana Islands.
       ``(f) Limitation.--No funds may be provided to a State 
     under this part for costs attributable to the electronic 
     return of marked ballots by any voter.

     ``SEC. 297A. AMOUNT OF PAYMENT.

       ``(a) In General.--The amount of a payment made to an 
     eligible State for a year under this part shall be determined 
     by the Commission.
       ``(b) Continuing Availability of Funds After 
     Appropriation.--A payment made to an eligible State or 
     eligible unit of local government under this part shall be 
     available without fiscal year limitation.

     ``SEC. 297B. REQUIREMENTS FOR ELIGIBILITY.

       ``(a) Application.--Each State that desires to receive a 
     payment under this part for a fiscal

[[Page H5393]]

     year, and each political party of a State that desires to 
     receive a payment under section 297(b)(2), shall submit an 
     application for the payment to the Commission at such time 
     and in such manner and containing such information as the 
     Commission shall require.
       ``(b) Contents of Application.--Each application submitted 
     under subsection (a) shall--
       ``(1) describe the activities for which assistance under 
     this part is sought; and
       ``(2) provide such additional information and 
     certifications as the Commission determines to be essential 
     to ensure compliance with the requirements of this part.

     ``SEC. 297C. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for payments 
     under this part such sums as may be necessary for fiscal year 
     2021.

     ``SEC. 297D. REPORTS.

       ``(a) Reports by Recipients.--Not later than 6 months after 
     the end of each fiscal year for which an eligible State 
     received a payment under this part, the State shall submit a 
     report to the Commission on the activities conducted with the 
     funds provided during the year.
       ``(b) Reports by Commission to Committees.--With respect to 
     each fiscal year for which the Commission makes payments 
     under this part, the Commission shall submit a report on the 
     activities carried out under this part to the Committee on 
     House Administration of the House of Representatives and the 
     Committee on Rules and Administration of the Senate.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     subtitle D of title II the following:

 ``Part 7--Payments to Assist With Costs of Compliance With Access Act

``Sec. 297. Payments to assist with costs of compliance with Access 
              Act.
``Sec. 297A. Amount of payment.
``Sec. 297B. Requirements for eligibility.
``Sec. 297C. Authorization of appropriations.
``Sec. 297D. Reports.''.

     SEC. 110. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING 
                   AUDITS OF RESULTS OF ELECTIONS.

       (a) Availability of Grants.--Subtitle D of title II of the 
     Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as 
     amended by section 160009(a), is further amended by adding at 
     the end the following new part:

  ``PART 8--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF 
                               ELECTIONS

     ``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF 
                   RESULTS OF ELECTIONS.

       ``(a) Availability of Grants.--The Commission shall make a 
     grant to each eligible State to conduct risk-limiting audits 
     as described in subsection (b) with respect to the regularly 
     scheduled general elections for Federal office held in 
     November 2020 and each succeeding election for Federal 
     office.
       ``(b) Risk-limiting Audits Described.--In this part, a 
     `risk-limiting audit' is a post-election process--
       ``(1) which is conducted in accordance with rules and 
     procedures established by the chief State election official 
     of the State which meet the requirements of subsection (c); 
     and
       ``(2) under which, if the reported outcome of the election 
     is incorrect, there is at least a predetermined percentage 
     chance that the audit will replace the incorrect outcome with 
     the correct outcome as determined by a full, hand-to-eye 
     tabulation of all votes validly cast in that election that 
     ascertains voter intent manually and directly from voter-
     verifiable paper records.
       ``(c) Requirements for Rules and Procedures.--The rules and 
     procedures established for conducting a risk-limiting audit 
     shall include the following elements:
       ``(1) Rules for ensuring the security of ballots and 
     documenting that prescribed procedures were followed.
       ``(2) Rules and procedures for ensuring the accuracy of 
     ballot manifests produced by election agencies.
       ``(3) Rules and procedures for governing the format of 
     ballot manifests, cast vote records, and other data involved 
     in the audit.
       ``(4) Methods to ensure that any cast vote records used in 
     the audit are those used by the voting system to tally the 
     election results sent to the chief State election official 
     and made public.
       ``(5) Procedures for the random selection of ballots to be 
     inspected manually during each audit.
       ``(6) Rules for the calculations and other methods to be 
     used in the audit and to determine whether and when the audit 
     of an election is complete.
       ``(7) Procedures and requirements for testing any software 
     used to conduct risk-limiting audits.
       ``(d) Definitions.--In this part, the following definitions 
     apply:
       ``(1) The term `ballot manifest' means a record maintained 
     by each election agency that meets each of the following 
     requirements:
       ``(A) The record is created without reliance on any part of 
     the voting system used to tabulate votes.
       ``(B) The record functions as a sampling frame for 
     conducting a risk-limiting audit.
       ``(C) The record contains the following information with 
     respect to the ballots cast and counted in the election:
       ``(i) The total number of ballots cast and counted by the 
     agency (including undervotes, overvotes, and other invalid 
     votes).
       ``(ii) The total number of ballots cast in each election 
     administered by the agency (including undervotes, overvotes, 
     and other invalid votes).
       ``(iii) A precise description of the manner in which the 
     ballots are physically stored, including the total number of 
     physical groups of ballots, the numbering system for each 
     group, a unique label for each group, and the number of 
     ballots in each such group.
       ``(2) The term `incorrect outcome' means an outcome that 
     differs from the outcome that would be determined by a full 
     tabulation of all votes validly cast in the election, 
     determining voter intent manually, directly from voter-
     verifiable paper records.
       ``(3) The term `outcome' means the winner of an election, 
     whether a candidate or a position.
       ``(4) The term `reported outcome' means the outcome of an 
     election which is determined according to the canvass and 
     which will become the official, certified outcome unless it 
     is revised by an audit, recount, or other legal process.

     ``SEC. 298A. ELIGIBILITY OF STATES.

       ``A State is eligible to receive a grant under this part if 
     the State submits to the Commission, at such time and in such 
     form as the Commission may require, an application 
     containing--
       ``(1) a certification that, not later than 5 years after 
     receiving the grant, the State will conduct risk-limiting 
     audits of the results of elections for Federal office held in 
     the State as described in section 298;
       ``(2) a certification that, not later than one year after 
     the date of the enactment of this section, the chief State 
     election official of the State has established or will 
     establish the rules and procedures for conducting the audits 
     which meet the requirements of section 298(c);
       ``(3) a certification that the audit shall be completed not 
     later than the date on which the State certifies the results 
     of the election;
       ``(4) a certification that, after completing the audit, the 
     State shall publish a report on the results of the audit, 
     together with such information as necessary to confirm that 
     the audit was conducted properly;
       ``(5) a certification that, if a risk-limiting audit 
     conducted under this part leads to a full manual tally of an 
     election, State law requires that the State or election 
     agency shall use the results of the full manual tally as the 
     official results of the election; and
       ``(6) such other information and assurances as the 
     Commission may require.

     ``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for grants under 
     this part $20,000,000 for fiscal year 2021, to remain 
     available until expended.''.
       (b) Clerical Amendment.--The table of contents of such Act, 
     as amended by section 160009(b), is further amended by adding 
     at the end of the items relating to subtitle D of title II 
     the following:

  ``Part 8--Grants for Conducting Risk-Limiting Audits of Results of 
                               Elections

``Sec. 298. Grants for conducting risk-limiting audits of results of 
              elections.
``Sec. 298A. Eligibility of States.
``Sec. 298B. Authorization of appropriations.
       (c) GAO Analysis of Effects of Audits.--
       (1) Analysis.--Not later than 6 months after the first 
     election for Federal office is held after grants are first 
     awarded to States for conducting risk-limiting audits under 
     part 8 of subtitle D of title II of the Help America Vote Act 
     of 2002 (as added by subsection (a)) for conducting risk-
     limiting audits of elections for Federal office, the 
     Comptroller General of the United States shall conduct an 
     analysis of the extent to which such audits have improved the 
     administration of such elections and the security of election 
     infrastructure in the States receiving such grants.
       (2) Report.--The Comptroller General of the United States 
     shall submit a report on the analysis conducted under 
     subsection (a) to the appropriate congressional committees.

     SEC. 111. ADDITIONAL APPROPRIATIONS FOR THE ELECTION 
                   ASSISTANCE COMMISSION.

       (a) In General.--In addition to any funds otherwise 
     appropriated to the Election Assistance Commission for fiscal 
     year 2021, there is authorized to be appropriated $3,000,000 
     for fiscal year 2021 in order for the Commission to provide 
     additional assistance and resources to States for improving 
     the administration of elections.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to the authorization under this subsection shall remain 
     available without fiscal year limitation.

     SEC. 112. DEFINITION.

       (a) Definition of Election for Federal Office .--Title IX 
     of the Help America Vote Act of 2002 (52 U.S.C. 21141 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.

       ``For purposes of titles I through III, the term `election 
     for Federal office' means a general, special, primary, or 
     runoff election for the office of President or Vice 
     President, or of Senator or Representative in, or Delegate or 
     Resident Commissioner to, the Congress.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     title IX the following new item:

``Sec. 907. Election for Federal office defined.''.

             DIVISION Q--TRANSPORTATION AND INFRASTRUCTURE

                           TITLE I--AVIATION

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Payroll Support Program 
     Extension Act''.

     SEC. 102. DEFINITIONS.

       Unless otherwise specified, the definitions in section 
     40102(a) of title 49, United States Code, shall apply to this 
     title, except that--
       (1) the term ``airline catering employee'' means an 
     employee who performs airline catering services;

[[Page H5394]]

       (2) the term ``airline catering services"'' means 
     preparation, assembly, or both, of food, beverages, 
     provisions and related supplies for delivery, and the 
     delivery of such items, directly to aircraft or to a location 
     on or near airport property for subsequent delivery to 
     aircraft;
       (3) the term ``contractor'' means--
       (A) a person that performs, under contract with a passenger 
     air carrier conducting operations under part 121 of title 14, 
     Code of Federal Regulations--
       (i) catering functions; or
       (ii) functions on the property of an airport that are 
     directly related to the air transportation of persons, 
     property, or mail, including but not limited to the loading 
     and unloading of property on aircraft; assistance to 
     passengers under part 382 of title 14, Code of Federal 
     Regulations; security; airport ticketing and check-in 
     functions; ground-handling of aircraft; or aircraft cleaning 
     and sanitization functions and waste removal; or
       (B) a subcontractor that performs such functions;
       (4) the term ``employee'' means an individual, other than a 
     corporate officer, who is employed by an air carrier or a 
     contractor; and
       (5) the term ``Secretary'' means the Secretary of the 
     Treasury.

     SEC. 103. PANDEMIC RELIEF FOR AVIATION WORKERS.

       (a) Financial Assistance for Employee Wages, Salaries, and 
     Benefits.--Notwithstanding any other provision of law, to 
     preserve aviation jobs and compensate air carrier industry 
     workers, the Secretary shall provide financial assistance 
     that shall exclusively be used for the continuation of 
     payment of employee wages, salaries, and benefits to--
       (1) passenger air carriers, in an aggregate amount up to 
     $25,000,000,000;
       (2) cargo air carriers, in an aggregate amount up to 
     $300,000,000; and
       (3) contractors, in an aggregate amount up to 
     $3,000,000,000.
       (b) Administrative Expenses.--Notwithstanding any other 
     provision of law, the Secretary may use funds made available 
     under section 4112(b) of the CARES Act (15 U.S.C. 9072(b)) 
     for costs and administrative expenses associated with 
     providing financial assistance under this title.

     SEC. 104. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.

       (a) Awardable Amounts.--The Secretary shall provide 
     financial assistance under this title--
       (1) to an air carrier required to file reports pursuant to 
     part 241 of title 14, Code of Federal Regulations, as of 
     March 27, 2020, in an amount equal to--
       (A) the amount such air carrier received under section 4113 
     of the CARES Act (15 U.S.C. 9073); or
       (B) at the request of such air carrier, or in the event 
     such an air carrier did not receive assistance under section 
     4113 of the CARES Act (15 U.S.C. 9073), the amount of the 
     salaries and benefits reported by the air carrier to the 
     Department of Transportation pursuant to such part 241, for 
     the period from October 1, 2019, through March 31, 2020;
       (2) to an air carrier that did not transmit reports under 
     such part 241, as of March 27, 2020, in an amount equal to--
       (A) the amount such air carrier received under section 4113 
     of the CARES Act (15 U.S.C. 9073), plus an additional 15 
     percent of such amount; or
       (B) at the request of such air carrier, or in the event 
     such an air carrier did not receive assistance under section 
     4113 of the CARES Act (15 U.S.C. 9073), an amount that such 
     an air carrier certifies, using sworn financial statements or 
     other appropriate data, as the amount of total salaries and 
     related fringe benefits that such air carrier incurred and 
     would be required to be reported to the Department of 
     Transportation pursuant to such part 241, if the air carrier 
     were required to transmit such information during the period 
     from October 1, 2019, through March 31, 2020; and
       (3) to a contractor in an amount equal to--
       (A) the amount such contractor received under section 4113 
     of the CARES Act (15 U.S.C. 9073); or
       (B) or in the event such contractor did not receive 
     assistance under section 4113 of the CARES Act (15 U.S.C. 
     9073), an amount that the contractor certifies, using sworn 
     financial statements or other appropriate data, as the amount 
     of wages, salaries, benefits, and other compensation that 
     such contractor paid the employees of such contractor during 
     the period from October 1, 2019, through March 31, 2020.
       (b) Deadlines and Procedures.--
       (1) In general.--
       (A) Forms; terms and conditions.--Financial assistance 
     provided to an air carrier or contractor under this title 
     shall--
       (i) be in such form, on such terms and conditions 
     (including requirements for audits and the clawback of any 
     financial assistance provided upon failure by a passenger air 
     carrier, cargo air carrier, or contractor to honor the 
     assurances specified in section 105 of this division), as 
     agreed to by the Secretary and the recipient for assistance 
     received under section 4113 of the CARES Act (15 U.S.C. 
     9073), except where inconsistent with this title; or
       (ii) in the event such an air carrier or contractor did not 
     receive assistance under section 4113 of the CARES Act (15 
     U.S.C. 9073), be in such form, on such terms and conditions 
     (including requirements for audits and the clawback of any 
     financial assistance provided upon failure by a passenger air 
     carrier, cargo air carrier, or contractor to honor the 
     assurances specified in section 105 of this division), as the 
     Secretary determines appropriate.
       (B) Procedures.--The Secretary shall publish streamlined 
     and expedited procedures not later than 5 days after the date 
     of enactment of this title for air carriers and contractors 
     to submit requests for financial assistance under this title.
       (2) Deadline for immediate payroll assistance.--Not later 
     than 10 days after the date of enactment of this title, the 
     Secretary shall make initial payments to air carriers and 
     contractors that submit requests for financial assistance 
     approved by to the Secretary.
       (d) Pro Rata Reductions.--The amounts under subsections 
     (a)(1)(B) and (a)(2)(B) shall, to the maximum extent 
     practicable, be subject to the same pro rata reduction 
     applied by the Secretary to air carriers or contractors, as 
     applicable, that received assistance under section 4113 of 
     the CARES Act (15 U.S.C. 9073).
       (e) Audits.--The Inspector General of the Department of the 
     Treasury shall audit certifications made under subsection 
     (a).

     SEC. 105. REQUIRED ASSURANCES.

       (a) In General.--To be eligible for financial assistance 
     under this title, an air carrier or contractor shall enter 
     into an agreement with the Secretary, or otherwise certify in 
     such form and manner as the Secretary shall prescribe, that 
     the air carrier or contractor shall--
       (1) refrain from conducting involuntary furloughs or 
     reducing pay rates and benefits until--
       (A) with respect to air carriers, March 31, 2021; or
       (B) with respect to contractors, March 31, 2021, or the 
     date on which the contractor exhausts such financial 
     assistance, whichever is later;
       (2) ensure that neither the air carrier or contractor nor 
     any affiliate of the air carrier or contractor may, in any 
     transaction, purchase an equity security of the air carrier 
     or contractor or the parent company of the air carrier or 
     contractor that is listed on a national securities exchange 
     through--
       (A) with respect to air carriers, March 31, 2022; or
       (B) with respect to contractors, March 31, 2022, or the 
     date on which the contractor exhausts such financial 
     assistance, whichever is later;
       (3) ensure that the air carrier or contractor shall not pay 
     dividends, or make other capital distributions, with respect 
     to common stock (or equivalent interest) of the air carrier 
     or contractor through--
       (A) with respect to air carriers, March 31, 2022; or
       (B) with respect to contractors, March 31, 2022, or the 
     date on which the contractor exhausts such financial 
     assistance, whichever is later;
       (4) meet the requirements of sections 106 and 107 of this 
     division; and
       (5) affirm that the air carrier or contractor has not 
     conducted involuntary furloughs or reduced pay rates and 
     benefits between--
       (A) the date the air carrier or contractor entered into an 
     agreement with the Secretary for loans, loan guarantees, 
     other investments, or financial assistance under title IV of 
     the CARES Act (Public Law 116-136) and the date the air 
     carrier or contractor enters into an agreement with the 
     Secretary for financial assistance under this title; or
       (B) in the case of an air carrier or contractor that did 
     not receive loans, loan guarantees, other investments, or 
     financial assistance under title IV of the CARES Act, the 
     date of enactment of this title and the date the air carrier 
     or contractor enters into an agreement with the Secretary for 
     funding under this title.

     SEC. 106. PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.

       (a) In General.--Neither the Secretary, nor any other 
     actor, department, or agency of the Federal Government, shall 
     condition the issuance of financial assistance under this 
     title on an air carrier's or contractor's implementation of 
     measures to enter into negotiations with the certified 
     bargaining representative of a craft or class of employees of 
     the air carrier or contractor under the Railway Labor Act (45 
     U.S.C. 151 et seq.) or the National Labor Relations Act (29 
     U.S.C. 151 et seq.), regarding pay or other terms and 
     conditions of employment.
       (b) Air Carrier Period of Effect.--With respect to any air 
     carrier to which financial assistance is provided under this 
     title, this section shall be in effect with respect to the 
     air carrier beginning on the date on which the air carrier is 
     first issued such financial assistance and ending on March 
     31, 2021.
       (c) Contractor Period of Effect.--With respect to any 
     contractor to which financial assistance is provided under 
     this title, this section shall be in effect with respect to 
     contractor beginning on the date on which the contractor is 
     first issued such financial assistance and ending on March 
     31, 2021, or until the date on which all funds are expended, 
     whichever is later.

     SEC. 107. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.

       (a) In General.--The Secretary may only provide financial 
     assistance under this title to an air carrier or contractor 
     after such carrier or contractor enters into an agreement 
     with the Secretary which provides that, during the 2-year 
     period beginning October 1, 2020, and ending October 1, 2022, 
     no officer or employee of the air carrier or contractor whose 
     total compensation exceeded $425,000 in calendar year 2019 
     (other than an employee whose compensation is determined 
     through an existing collective bargaining agreement entered 
     into prior to enactment of this title)--
       (1) will receive from the air carrier or contractor total 
     compensation which exceeds, during any 12 consecutive months 
     of such 2-year period, the total compensation received by the 
     officer or employee from the air carrier or contractor in 
     calendar year 2019;
       (2) will receive from the air carrier or contractor 
     severance pay or other benefits upon termination of 
     employment with the air carrier or

[[Page H5395]]

     contractor which exceeds twice the maximum total compensation 
     received by the officer or employee from the air carrier or 
     contractor in calendar year 2019; and
       (3) no officer or employee of the air carrier or contractor 
     whose total compensation exceeded $3,000,000 in calendar year 
     2019 may receive during any 12 consecutive months of such 
     period total compensation in excess of the sum of--
       (A) $3,000,000; and
       (B) 50 percent of the excess over $3,000,000 of the total 
     compensation received by the officer or employee from the air 
     carrier or contractor in calendar year 2019.
       (b) Total Compensation Defined.--In this section, the term 
     ``total compensation'' includes salary, bonuses, awards of 
     stock, and other financial benefits provided by an air 
     carrier or contractor to an officer or employee of the air 
     carrier or contractor.

     SEC. 108. MINIMUM AIR SERVICE GUARANTEES.

       (a) In General.--The Secretary of Transportation is 
     authorized to require, to the extent reasonable and 
     practicable, an air carrier provided financial assistance 
     under this title to maintain scheduled air transportation, as 
     the Secretary of Transportation determines necessary, to 
     ensure services to any point served by that air carrier 
     before March 1, 2020, continues to receive a basic level of 
     air service.
       (b) Required Considerations.--When considering whether to 
     exercise the authority provided by this section, the 
     Secretary of Transportation shall take into consideration the 
     air transportation needs of small and remote communities, the 
     need to maintain well-functioning health care supply chains, 
     including medical devices and supplies, and pharmaceutical 
     supply chains, and such other matters as the public interest 
     requires.
       (c) Sunset.--The authority provided under this section 
     shall terminate on September 1, 2022, and any requirements 
     issued by the Secretary of Transportation under this section 
     shall cease to apply after that date.

     SEC. 109. TAX PAYER PROTECTION.

       (a) Cares Act Assistance Recipients.--With respect to a 
     recipient of assistance under section 4113 of the CARES Act 
     (15 U.S.C. 9073) that receives assistance under this title, 
     the Secretary may receive warrants, options, preferred stock, 
     debt securities, notes, or other financial instruments issued 
     by such recipient in the same form and amount, and under the 
     same terms and conditions, as agreed to by the Secretary and 
     the recipient for assistance received under such section 4113 
     to provide appropriate compensation to the Federal Government 
     for the provision of the financial assistance under this 
     title.
       (b) Other Applicants.--With respect to an applicant that 
     did not receive assistance under such section 4113, the 
     Secretary may receive warrants, options, preferred stock, 
     debt securities, notes, or other financial instruments issued 
     by an applicant that receives assistance under this title in 
     a form and amount that are, to the maximum extent 
     practicable, the same as the terms and conditions as agreed 
     to by the Secretary and similarly situated recipients of 
     assistance under such section 4113 to provide appropriate 
     compensation to the Federal Government for the provision of 
     the financial assistance under this title.

     SEC. 110. REPORTS.

       (a) Report.--Not later than May 1, 2021, the Secretary 
     shall update and submit to the Committee on Transportation 
     and Infrastructure and the Committee on Financial Services of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report on the 
     financial assistance provided to air carriers and contractors 
     under this title, which includes--
       (1) a description of any financial assistance provided to 
     air carrier and contractors under this title;
       (2) any audits of air carriers or contractors receiving 
     financial assistance under this title;
       (3) any reports filed by air carriers or contractors 
     receiving financial assistance under this title;
       (4) any non-compliances by air carriers or contractors 
     receiving financial assistance under this title with the 
     terms and conditions of this title or agreements entered into 
     with the Secretary to receive such financial assistance; and
       (5) information relating to any clawback of any financial 
     assistance provided to air carriers or contractors under this 
     title.
       (b) Internet Updates.--The Secretary shall update the 
     website of the Department of the Treasury on a daily basis as 
     necessary to reflect new or revised distributions of 
     financial assistance under this title with respect to each 
     air carrier or contractor that receives such assistance, the 
     identification of any applicant that applied for financial 
     assistance under this title, and the date of application.
       (c) Supplemental Update.--Not later than the last day of 
     the 1-year period following the date of enactment of this 
     title, the Secretary shall update and submit to the Committee 
     on Transportation and Infrastructure and the Committee on 
     Financial Services of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, the report submitted under subsection (a).

     SEC. 111. COORDINATION.

       In implementing this title, the Secretary shall coordinate 
     with the Secretary of Transportation.

     SEC. 112. DIRECT APPROPRIATION.

       Notwithstanding any other provision of law, there is 
     appropriated, out of amounts in the Treasury not otherwise 
     appropriated, $28,300,000,000 to carry out this title.

     SEC. 113. TECHNICAL CORRECTIONS AND CLARIFICATION.

       (a) Section 4003(c)(1)(B) of the CARES Act (15 U.S.C. 
     9042(c)(1)(B)) is amended--
       (1) by striking ``As soon'' and inserting the following:
       ``(i) In general.--Subject to clause (ii), as soon''; and
       (2) by adding at the end the following:
       ``(ii) Requirement.--The procedures and any related 
     guidance issued under clause (i) shall not prohibit any air 
     carrier from applying for or receiving a loan or loan 
     guarantee under paragraph (1), (2), or (3) of subsection (b) 
     based on the amount of the loan or loan guarantee 
     requested.''; and
       (b) Section 4113(c) of the CARES Act (15 U.S.C. 9073(c)) is 
     amended by striking `` section 4112'' and inserting 
     ``subsection (a)''.
       (c) Section 4114 of the CARES Act (15 U.S.C. 9074) is 
     amended by adding at the end the following new subsections:
       ``(c) Continued Application.--
       ``(1) In general.--If, after September 30, 2020, a 
     contractor expends funds made available pursuant to section 
     4112 and distributed pursuant to section 4113, the assurances 
     under this section shall continue to apply until all funds 
     are expended, notwithstanding the time limits included in 
     paragraphs (1) through (3) of subsection (a), or section 4115 
     or 4116.
       ``(2) Special rule.--Not later than January 5, 2021, each 
     contractor that has received funds pursuant to such section 
     4112 shall report to the Secretary on the amount of such 
     funds that the contractor has expended through December 31, 
     2020. If the contractor has expended an amount that is less 
     than 50 percent of the total amount of funds the contractor 
     received under such section, the Secretary shall initiate an 
     action to recover any funds that remain unexpended as of 
     January 31, 2021.
       ``(d) Clawback of Assistance.--Any contractor that 
     conducted involuntary furloughs or reduced pay rates and 
     benefits, between March 27, 2020, and the date on which the 
     contractor entered into an agreement with the Secretary 
     related to financial assistance under this subtitle, shall 
     attempt in good faith to rehire employees who were 
     involuntary furloughed, or the Secretary shall claw back such 
     financial assistance, as necessary.''.

     SEC. 114. NATIONAL AVIATION PREPAREDNESS PLAN.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Transportation, 
     in coordination with the Secretary of Health and Human 
     Services, the Secretary of Homeland Security, and the heads 
     of such other Federal departments or agencies as the 
     Secretary considers appropriate, shall develop and regularly 
     update a national aviation preparedness plan to ensure the 
     aviation system is prepared to respond to epidemics and 
     pandemics of infectious diseases.
       (b) Contents of Plan.--A plan developed under subsection 
     (a) shall, at a minimum--
       (1) provide airports and air carriers with an adaptable and 
     scalable framework with which to align the individual plans 
     of such airports and air carriers and provide appropriate 
     guidance as to each individual plan;
       (2) improve coordination among airports, air carriers, U.S. 
     Customs and Border Protection, the Centers for Disease 
     Control and Prevention, other appropriate Federal entities, 
     and State and local governments or health agencies on 
     developing policies that increase the effectiveness of 
     screening, quarantining, and contact-tracing with respect to 
     inbound international passengers;
       (3) ensure that at-risk employees are equipped with 
     appropriate personal protective equipment to reduce the 
     likelihood of exposure to pathogens in the event of a 
     pandemic;
       (4) ensure aircraft and enclosed facilities owned, 
     operated, or used by an air carrier or airport are cleaned, 
     disinfected, and sanitized frequently in accordance with 
     Centers for Disease Control and Prevention guidance; and
       (5) incorporate all elements referenced in the 
     recommendation of the Comptroller General of the United 
     States to the Secretary of Transportation contained in the 
     report titled ``Air Travel and Communicable Diseases: 
     Comprehensive Federal Plan Needed for U.S. Aviation System's 
     Preparedness'' issued in December 2015 (GAO-16-127).
       (c) Consultation.--When developing a plan under subsection 
     (a), the Secretary of Transportation shall consult with 
     aviation industry and labor stakeholders, including 
     representatives of--
       (1) air carriers;
       (2) small, medium, and large hub airports;
       (3) labor organizations that represent airline pilots, 
     flight attendants, air carrier airport customer service 
     representatives, and air carrier maintenance, repair, and 
     overhaul workers;
       (4) the labor organization certified under section 7111 of 
     title 5, United States Code, as the exclusive bargaining 
     representative of air traffic controllers of the Federal 
     Aviation Administration;
       (5) the labor organization certified under such section as 
     the exclusive bargaining representative of airway 
     transportation systems specialists and aviation safety 
     inspectors of the Federal Aviation Administration; and
       (6) such other stakeholders as the Secretary considers 
     appropriate.
       (d) Report.--Not later than 30 days after the plan is 
     developed under subsection (a), the Secretary shall submit to 
     the appropriate committees of Congress such plan.
       (e) Definition of At-risk Employees.--In this section, the 
     term ``at-risk employees'' means--
       (1) individuals whose job duties require interaction with 
     air carrier passengers on a regular and continuing basis that 
     are employees of--
       (A) air carriers;
       (B) air carrier contractors;

[[Page H5396]]

       (C) airports; and
       (D) Federal departments or agencies; and
       (2) air traffic controllers and systems safety specialists 
     of the Federal Aviation Administration.

             TITLE II--FEDERAL EMERGENCY MANAGEMENT AGENCY

     SEC. 201. COST SHARE.

       (a) Temporary Federal Share.--Notwithstanding sections 
     403(b), 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 
     428(e)(2)(B), and 503(a) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     for any emergency or major disaster declared by the President 
     under such Act during the period beginning on January 1, 2020 
     and ending on December 31, 2020, the Federal share of 
     assistance provided under such sections shall be not less 
     than 90 percent of the eligible cost of such assistance.
       (b) Cost Share Under COVID Emergency Declaration.--
     Notwithstanding subsection (a), assistance provided under the 
     emergency declaration issued by the President on March 13, 
     2020, pursuant to section 501(b) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5191(b)), and under any subsequent major disaster declaration 
     under section 401 of such Act (42 U.S.C. 5170) that 
     supersedes such emergency declaration, shall be at a 100 
     percent Federal cost share.

     SEC. 202. CLARIFICATION OF ASSISTANCE.

       (a) In General.--For the emergency declared on March 13, 
     2020 by the President under section 501 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5191), the President may provide assistance for 
     activities, costs, and purchases of States, Indian tribal 
     governments, or local governments, including--
       (1) activities eligible for assistance under sections 301, 
     415, 416, and 426 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183, 
     5189d);
       (2) backfill costs for first responders and other essential 
     employees who are ill or quarantined;
       (3) increased operating costs for essential government 
     services due to such emergency, including costs for 
     implementing continuity plans, and sheltering or housing for 
     first responders, emergency managers, health providers and 
     other essential employees;
       (4) costs of providing guidance and information to the 
     public and for call centers to disseminate such guidance and 
     information, including private nonprofit organizations;
       (5) costs associated with establishing and operating 
     virtual services;
       (6) costs for establishing and operating remote test sites, 
     including comprehensive community based testing;
       (7) training provided specifically in anticipation of or in 
     response to the event on which such emergency declaration is 
     predicated;
       (8) personal protective equipment and other critical 
     supplies and services for first responders and other 
     essential employees, including individuals working in public 
     schools, courthouses, and public transit systems;
       (9) medical equipment, regardless of whether such equipment 
     is used for emergency or inpatient care;
       (10) public health costs, including provision and 
     distribution of medicine and medical supplies;
       (11) costs associated with maintaining alternate care 
     facilities or related facilities currently inactive but 
     related to future needs tied to the ongoing pandemic event;
       (12) costs of establishing and operating shelters and 
     providing services, including transportation, that help 
     alleviate the need of individuals for shelter; and
       (13) costs, including costs incurred by private nonprofit 
     organizations, of procuring and distributing food to 
     individuals affected by the pandemic through networks 
     established by State, local, or Tribal governments, or other 
     organizations, including restaurants and farms, and for the 
     purchase of food directly from food producers and farmers.
       (b) Application to Subsequent Major Disaster.--The 
     activities described in subsection (a) may also be eligible 
     for assistance under any major disaster declared by the 
     President under section 401 of such Act (42 U.S.C. 5170) that 
     supersedes the emergency declaration described in such 
     subsection.
       (c) Financial Assistance for Funeral Expenses.--For any 
     emergency or major disaster described in subsection (a) or 
     (b), the President shall provide financial assistance to an 
     individual or household to meet disaster-related funeral 
     expenses under section 408(e)(1) of such Act (42 U.S.C. 
     5174(e)).
       (d) Advanced Assistance.--
       (1) In General.--In order to facilitate activities under 
     this section, the President, acting through the Administrator 
     of the Federal Emergency Management Agency, may provide 
     assistance in advance to an eligible applicant if a failure 
     to do so would prevent the applicant from carrying out such 
     activities.
       (2) Annual Report.--The Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on assistance 
     provided in advance pursuant to paragraph (1).
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to make ineligible any assistance that would 
     otherwise be eligible under section 403, 408, or 502 of such 
     Act (42 U.S.C. 5170b, 5192).
       (f) State; Indian Tribal Government; Local Government 
     Defined.--In this section, the terms ``State'', ``Indian 
     tribal government'', and ``local government'' have the 
     meanings given such terms in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).

     SEC. 203. HAZARD MITIGATION APPROVAL.

       For all States or Indian tribal governments, as such terms 
     are defined in section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122), 
     receiving an emergency declaration on March 13, 2020 by the 
     President under section 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5191), and a major disaster declared by the President under 
     section 401 of such Act (42 U.S.C. 5170) that supersedes such 
     emergency declaration, the President shall approve the 
     availability of hazard mitigation assistance pursuant to 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) as part of such 
     major disaster declarations, if requested, and the President 
     may contribute up to 100 percent of hazard mitigation 
     measures authorized under section 404(a) of such Act.

                        TITLE III--OTHER MATTERS

     SEC. 301. REQUIREMENTS FOR OWNERS AND OPERATORS OF EQUIPMENT 
                   OR FACILITIES USED BY PASSENGER OR FREIGHT 
                   TRANSPORTATION EMPLOYERS.

       (a) Definitions.--In this section:
       (1) At-risk employee.--The term ``at-risk employee'' means 
     an employee (including a Federal employee) or contractor of a 
     passenger or freight transportation employer--
       (A) whose job responsibilities involve interaction with--
       (i) passengers;
       (ii) the public; or
       (iii) coworkers who interact with the public;
       (B) who handles items which are handled or will be handled 
     by the public; or
       (C) who works in locations where social distancing and 
     other preventative measures with respect to the Coronavirus 
     Disease 2019 (COVID-19) are not possible.
       (2) Passenger or freight transportation employer.--The term 
     ``passenger or freight transportation employer'' includes--
       (A) the owner, charterer, managing operator, master, or 
     other individual in charge of a passenger vessel (as defined 
     in section 2101 of title 46, United States Code);
       (B) an air carrier (as defined in section 40102 of title 
     49, United States Code);
       (C) a commuter authority (as defined in section 24102 of 
     title 49, United State Code);
       (D) an entity that provides intercity rail passenger 
     transportation (as defined in section 24102 of title 49, 
     United States Code);
       (E) a rail carrier (as defined in section 10102 of title 
     49, United States Code);
       (F) a regional transportation authority (as defined in 
     section 24102 of title 49, United States Code);
       (G) a provider of public transportation (as defined in 
     section 5302 of title 49, United States Code);
       (H) a provider of motorcoach services (as defined in 
     section 32702 of the Motorcoach Enhanced Safety Act of 2012 
     (49 U.S.C. 31136 note; Public Law 112-141));
       (I) a motor carrier that owns or operates more than 100 
     motor vehicles (as those terms are defined in section 390.5 
     of title 49, Code of Federal Regulations (or successor 
     regulations));
       (J) a sponsor, owner, or operator of a public-use airport 
     (as defined in section 47102 of title 49, United States 
     Code);
       (K) a marine terminal operator (as defined in section 40102 
     of title 46, United States Code) and the relevant authority 
     or operator of a port or harbor;
       (L) the Transportation Security Administration, exclusively 
     with respect to Transportation Security Officers; and
       (M) a marine terminal operator (as defined in section 40102 
     of title 46, United States Code) and the relevant authority 
     or operator of a port or harbor, or any other employer of 
     individuals covered under section 2(3) of the Longshore and 
     Harbor Workers' Compensation Act (33 U.S.C. 902(3)).
       (b) Requirements.--For the purposes of responding to, or 
     for purposes relating to operations during the national 
     emergency declared by the President under the National 
     Emergencies Act (50 U.S.C. 1601 et seq.) related to the 
     pandemic of SARS-4CoV-2 or coronavirus disease 2019 (COVID-
     19), the Secretary shall require--
       (1) the owners or operators of equipment, stations, or 
     facilities used by passenger or freight transportation 
     employers, as applicable--
       (A) to clean, disinfect, and sanitize, in accordance with 
     guidance issued by the Centers for Disease Control and 
     Prevention or the safety alert for operators issued by the 
     Federal Aviation Administration on May 11, 2020, numbered 
     SAFO 20009 (including any similar successor safety alert or 
     applicable guidance), the equipment and facilities, 
     including, as applicable--
       (i) buses and transit vehicles;
       (ii) commercial motor vehicles;
       (iii) freight and passenger rail locomotives;
       (iv) freight and passenger rail cars;
       (v) vessels;
       (vi) airports;
       (vii) fleet vehicles used for the transportation of workers 
     to job sites;
       (viii) aircraft, including the cockpit and the cabin; and
       (ix) other equipment and facilities;
       (B) to ensure that stations and facilities, including 
     enclosed facilities, owned, operated, and used by passenger 
     or freight transportation employers, including facilities 
     used for employee training or the performance of indoor or 
     outdoor maintenance, repair, or overhaul work, are 
     disinfected and sanitized frequently in accordance with 
     guidance issued by the Centers for Disease Control and 
     Prevention or the safety alert for operators issued by the 
     Federal Aviation Administration on May 11, 2020, numbered 
     SAFO 20009

[[Page H5397]]

     (including any similar successor safety alert or applicable 
     guidance);
       (C) to provide to at-risk employees--
       (i) masks or protective face coverings;
       (ii) gloves;
       (iii) hand sanitizer;
       (iv) sanitizing wipes with sufficient alcohol content; and
       (v) training on the proper use of personal protective 
     equipment and sanitizing equipment;
       (D) to ensure that employees whose job responsibilities 
     include the cleaning, disinfecting, or sanitizing described 
     in subparagraph (A) or (B) are provided--
       (i) masks or protective face coverings;
       (ii) gloves;
       (iii) hand sanitizer; and
       (iv) sanitizing wipes with sufficient alcohol content;
       (E) to establish guidelines, or adhere to any existing 
     applicable guidelines, including the safety alert for 
     operators issued by the Federal Aviation Administration on 
     May 11, 2020, numbered SAFO 20009 (including any similar 
     successor safety alert or applicable guidance), for notifying 
     an employee of the owner or operator of a confirmed diagnosis 
     of the Coronavirus Disease 2019 (COVID-19) with respect to 
     any other employee of the owner or operator with whom the 
     notified employee had physical contact or a physical 
     interaction during the 48-hour period preceding the time at 
     which the diagnosed employee developed symptoms;
       (F) to require the wearing of masks or protective face 
     coverings, subject to the requirements of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 
     41705 of title 49, United States Code, (commonly known as the 
     ``Air Carrier Access Act of 1986''), and section 501 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 791), as applicable, 
     by--
       (i) passengers traveling on transportation provided by a 
     passenger or freight transportation employer; and
       (ii) employees of passenger or freight transportation 
     employers when--

       (I) interacting with passengers, the public, or coworkers 
     who interact with the public; or
       (II) working in locations where social distancing and other 
     preventative measures with respect to the Coronavirus Disease 
     2019 (COVID-19) are not possible;

       (G) to require each flight crew member to wear a mask or 
     protective face covering while on board an aircraft and 
     outside the flight deck; and
       (H) ensure that each contractor of an owner or operator 
     identified under this paragraph provides masks or protective 
     face coverings, gloves, hand sanitizer, and sanitizing wipes 
     with sufficient alcohol content, to employees of such 
     contractor whose job responsibilities include the cleaning, 
     disinfecting, or sanitizing described in subparagraph (A) or 
     (B); and
       (2) an air carrier to submit to the Administrator of the 
     Federal Aviation Administration a proposal to permit flight 
     crew members to wear masks or protective face coverings in 
     the flight deck, including a safety risk assessment with 
     respect to that proposal.
       (c) Market Unavailability of Necessary Items.--
       (1) Notice of market unavailability.--
       (A) In general.--If an owner or operator described in 
     paragraph (1) of subsection (b) is unable to acquire 1 or 
     more items necessary to comply with the requirements 
     prescribed under that paragraph due to market unavailability 
     of the items, the owner or operator shall--
       (i) not later than 7 days after the date on which the owner 
     or operator is unable to acquire each applicable item, submit 
     to the Secretary a written notice explaining the efforts made 
     and obstacles faced by the owner or operator to acquire that 
     item; and
       (ii) continue making efforts to acquire that item until the 
     item is acquired.
       (B) Updated notice with respect to the same item.--If an 
     owner or operator is unable to acquire an item described in a 
     notice submitted under subparagraph (A) by the date described 
     in paragraph (4)(B)(ii) with respect to the notice, the owner 
     or operator may submit an updated notice with respect to that 
     item.
       (2) Reasonable effort determination.--With respect to each 
     notice submitted under paragraph (1), the Secretary shall 
     determine whether the owner or operator submitting the notice 
     has made reasonable efforts to acquire the item described in 
     the notice.
       (3) Notice of compliance.--Not later than 7 days after the 
     date on which an owner or operator acquires an item described 
     in a notice submitted by that owner or operator under 
     paragraph (1) in a quantity sufficient to comply with the 
     requirements prescribed under subsection (b)(1), the owner or 
     operator shall submit to the Secretary a written notice of 
     compliance with those requirements.
       (4) Lists of owners and operators making reasonable efforts 
     to acquire unavailable items.--
       (A) In general.--The Secretary shall publish on a public 
     website of the Department of Transportation a list that, with 
     respect to each notice submitted to the Secretary under 
     paragraph (1) for which the Secretary has made a positive 
     determination under paragraph (2)--
       (i) identifies the owner or operator that submitted the 
     notice;
       (ii) identifies the item that the owner or operator was 
     unable to acquire; and
       (iii) describes the reasonable efforts made by the owner or 
     operator to acquire that item.
       (B) Removal from list.--The Secretary shall remove each 
     entry on the list described in subparagraph (A) on the 
     earlier of--
       (i) the date on which the applicable owner or operator 
     submits to the Secretary a notice of compliance under 
     paragraph (3) with respect to the item that is the subject of 
     the entry; and
       (ii) the date that is 90 days after the date on which the 
     entry was added to the list.
       (d) Protection of Certain Federal Aviation Administration 
     Employees.--
       (1) In general.--For the purposes of responding to, or for 
     purposes relating to operations during the national emergency 
     declared by the President under the National Emergencies Act 
     (50 U.S.C. 1601 et seq.) related to the pandemic of SARS-
     4CoV-2 or coronavirus disease 2019 (COVID-19), in order to 
     maintain the safe and efficient operation of the air traffic 
     control system, the Administrator of the Federal Aviation 
     Administration shall--
       (A) provide any air traffic controller and airway 
     transportation systems specialist of the Federal Aviation 
     Administration with masks or protective face coverings, 
     gloves, and hand sanitizer and wipes of sufficient alcohol 
     content, and provide training on the proper use of personal 
     protective equipment and sanitizing equipment;
       (B) ensure that each air traffic control facility is 
     cleaned, disinfected, and sanitized frequently in accordance 
     with Centers for Disease Control and Prevention guidance; and
       (C) provide any employee of the Federal Aviation 
     Administration whose job responsibilities involve cleaning, 
     disinfecting, and sanitizing a facility described in 
     subparagraph (B) with masks or protective face coverings and 
     gloves, and ensure that each contractor of the Federal 
     Aviation Administration provides any employee of the 
     contractor with those materials.
       (2) Source of equipment.--The items described in paragraph 
     (1)(A) may be procured or provided under that paragraph 
     through any source available to the Administrator of the 
     Federal Aviation Administration.

     SEC. 302. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.

       Section 5334(h)(1) of title 49, United States Code, is 
     amended to read as follows:
       ``(1) In general.--If a recipient of assistance under this 
     chapter decides an asset acquired under this chapter at least 
     in part with that assistance is no longer needed for the 
     purpose for which such asset was acquired, the Secretary may 
     authorize the recipient to transfer such asset to--
       ``(A) a local governmental authority to be used for a 
     public purpose with no further obligation to the Government 
     if the Secretary decides--
       ``(i) the asset will remain in public use for at least 5 
     years after the date the asset is transferred;
       ``(ii) there is no purpose eligible for assistance under 
     this chapter for which the asset should be used;
       ``(iii) the overall benefit of allowing the transfer is 
     greater than the interest of the Government in liquidation 
     and return of the financial interest of the Government in the 
     asset, after considering fair market value and other factors; 
     and
       ``(iv) through an appropriate screening or survey process, 
     that there is no interest in acquiring the asset for 
     Government use if the asset is a facility or land; or
       ``(B) a local governmental authority, nonprofit 
     organization, or other third party entity to be used for the 
     purpose of transit-oriented development with no further 
     obligation to the Government if the Secretary decides--
       ``(i) the asset is a necessary component of a proposed 
     transit-oriented development project;
       ``(ii) the transit-oriented development project will 
     increase transit ridership;
       ``(iii) at least 40 percent of the housing units offered in 
     the transit-oriented development , including housing units 
     owned by nongovernmental entities, are legally binding 
     affordability restricted to tenants with incomes at or below 
     60 percent of the area median income and/or owners with 
     incomes at or below 60 percent the area median income;
       ``(iv) the asset will remain in use as described in this 
     section for at least 30 years after the date the asset is 
     transferred; and
       ``(v) with respect to a transfer to a third party entity--

       ``(I) a local government authority or nonprofit 
     organization is unable to receive the property;
       ``(II) the overall benefit of allowing the transfer is 
     greater than the interest of the Government in liquidation 
     and return of the financial interest of the Government in the 
     asset, after considering fair market value and other factors; 
     and
       ``(III) the third party has demonstrated a satisfactory 
     history of construction or operating an affordable housing 
     development.''.

     SEC. 303. TREATMENT OF PAYMENTS FROM THE RAILROAD 
                   UNEMPLOYMENT INSURANCE ACCOUNT.

       (a) In General.--Section 256(i)(1) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     906(i)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by inserting ``and'' at the end; 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) any payment made from the Railroad Unemployment 
     Insurance Account (established by section 10 of the Railroad 
     Unemployment Insurance Act) for the purpose of carrying out 
     the Railroad Unemployment Insurance Act, and funds 
     appropriated or transferred to or otherwise deposited in such 
     Account,''.
       (b) Effective Date.--The treatment of payments made from 
     the Railroad Unemployment Insurance Account pursuant to the 
     amendment made by subsection (a) shall take effect 7 days 
     after the date of enactment of this Act and shall apply only 
     to obligations incurred on or after such effective date for 
     such payments.

     SEC. 304. CLARIFICATION OF OVERSIGHT AND IMPLEMENTATION OF 
                   RELIEF FOR WORKERS AFFECTED BY CORONAVIRUS ACT.

       (a) Audits, Investigations, and Oversight.--Notwithstanding 
     section 2115 of the Relief for Workers Affected by 
     Coronavirus Act

[[Page H5398]]

     (subtitle A of title II of division A of Public Law 116-136), 
     the authority of the Inspector General of the Department of 
     Labor to carry out audits, investigations, and other 
     oversight activities that are related to the provisions of 
     such Act shall not extend to any activities related to 
     sections 2112, 2113, or 2114 of such Act. Such authority with 
     respect to such sections shall belong to the Inspector 
     General of the Railroad Retirement Board.
       (b) Operating Instructions or Other Guidance.--
     Notwithstanding section 2116(b) of the Relief for Workers 
     Affected by Coronavirus Act (subtitle A of title II of 
     division A of Public Law 116-136), the authority of the 
     Secretary of Labor to issue any operating instructions or 
     other guidance necessary to carry out the provisions of such 
     Act shall not extend to any activities related to sections 
     2112, 2113, or 2114 of such Act. Such authority with respect 
     to such sections shall belong to the Railroad Retirement 
     Board.

     SEC. 305. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR 
                   BENEFITS UNDER THE RAILROAD UNEMPLOYMENT 
                   INSURANCE ACT.

       (a) In General.--Section 2112(a) of the CARES Act (15 
     U.S.C. 9030) is amended by striking ``December 31, 2020'' and 
     inserting ``January 31, 2021''.
       (b) Operating Instructions and Regulations.--The Railroad 
     Retirement Board may prescribe any operating instructions or 
     regulations necessary to carry out this section.
       (c) Clarification on Authority to Use Funds.--Funds 
     appropriated under section 2112(c) of the CARES Act shall be 
     available to cover the cost of additional benefits payable 
     due to section 2112(a) of the CARES Act by reason of the 
     amendments made by subsection (a) as well as to cover the 
     cost of such benefits payable due to section 2112(a) of the 
     CARES Act as in effect on the day before the date of 
     enactment of this Act.

     SEC. 306. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD 
                   UNEMPLOYMENT INSURANCE ACT.

       (a) In General.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is 
     amended--
       (1) by striking ``June 30, 2020'' and inserting ``June 30, 
     2021''; and
       (2) by striking ``no extended benefit period under this 
     paragraph shall begin after December 31, 2020'' and inserting 
     ``the provisions of clauses (i) and (ii) shall not apply to 
     any employee with respect to any registration period 
     beginning on or after February 1, 2021''.
       (b) Clarification on Authority to Use Fund.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D) as in effect 
     on the day before the date of enactment of this Act.

     SEC. 307. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD 
                   UNEMPLOYMENT INSURANCE ACT.

       (a) In General.--Section 2(a)(5)(A) of the Railroad 
     Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A) is 
     amended--
       (1) by inserting ``for registration periods beginning on or 
     after September 6, 2020, but on or before January 31, 2021, 
     and for any registration periods during a period of 
     continuing unemployment which began on or before January 31, 
     2021,'' after ``July 31, 2020,'';
       (2) by striking ``July 1, 2019'' and inserting ``July 1, 
     2019, or July 1, 2020''; and
       (3) by adding at the end ``No recovery benefit under this 
     section shall be payable for any registration period 
     beginning on or after April 1, 2021. For registration periods 
     beginning on or after February 1, 2021, a recovery benefit 
     under this section shall only be payable to a qualified 
     employee with respect to any registration period in which the 
     employee received normal unemployment benefits as defined in 
     paragraph (c)(1), but shall not be payable to a qualified 
     employee who did not receive unemployment benefits or who 
     received extended benefits as defined in paragraph (c)(2) for 
     such registration period.''
       (b) Additional Appropriations.--Section 2(a)(5)(B) of the 
     Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(B) 
     is amended by adding at the end the following:
       ``In addition to the amount appropriated by the preceding 
     sentence, out of any funds in the Treasury not otherwise 
     appropriated, there are appropriated $300,000,000 to cover 
     the cost of recovery benefits provided under subparagraph 
     (A), to remain available until expended.''.
       (c) Disregard of Recovery Benefits for Purposes of All 
     Federal and Federally Assisted Programs.--Section 2(a)(5) of 
     the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) 
     is amended by adding at the end the following:
       ``(C) A recovery benefit payable under subparagraph (A) 
     shall not be regarded as income and shall not be regarded as 
     a resource for the month of receipt and the following 9 
     months, for purposes of determining the eligibility of the 
     recipient (or the recipient's spouse or family) for benefits 
     or assistance, or the amount or extent of benefits or 
     assistance, under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.''.
       (d) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     subparagraph (B) of section 2(a)(5) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of recovery benefits provided under such section 2(a)(5) 
     by reason of the amendments made by subsection (a) as well as 
     to cover the cost of such benefits provided under such 
     section 2(a)(5) as in effect on the day before the date of 
     enactment of this Act.

     SEC. 308. OFFICE OF DISASTER RECOVERY.

       (a) In General.--Title V of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3191 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 508. OFFICE OF DISASTER RECOVERY.

       ``(a) In General.--The Secretary shall create an Office of 
     Disaster Recovery to direct and implement the Agency's post-
     disaster economic recovery responsibilities pursuant to 
     sections 209(c)(2) and 703.
       ``(b) Authorization.--The Secretary is authorized to 
     appoint and fix the compensation of such temporary personnel 
     as may be necessary to implement disaster recovery measures, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service. The 
     Secretary is authorized to appoint such temporary personnel, 
     after serving continuously for 2 years, to positions in the 
     Economic Development Administration in the same manner that 
     competitive service employees with competitive status are 
     considered for transfer, reassignment, or promotion to such 
     positions. An individual appointed under the preceding 
     sentence shall become a career-conditional employee, unless 
     the employee has already completed the service requirements 
     for career tenure.''.
       (b) Clerical Amendment.--The table of contents for the 
     Public Works and Economic Development Act of 1965 is amended 
     by inserting after the item relating to section 507 the 
     following new item:

``508. Office of Disaster Recovery.''.

     SEC. 309. GRADUATION REQUIREMENTS FOR THE UNITED STATES 
                   MERCHANT MARINE ACADEMY AND STATE MARITIME 
                   ACADEMIES.

       (a) United States Merchant Marine Academy.--
       (1) Notwithstanding section 51309(a)(1)(B) of title 46, 
     United States Code, and subject to such terms and conditions 
     as set forth in this subsection and other conditions as the 
     Secretary may determine, the Superintendent of the United 
     States Merchant Marine Academy may confer degrees on 
     individuals scheduled to receive such degrees from the United 
     States Merchant Marine Academy in calendar year 2020.
       (2) With respect to an individual described in paragraph 
     (1), the Secretary of Transportation may--
       (A) defer until not later than December 31, 2021, the 
     requirements of section 51306(a)(2) of title 46, United 
     States Code, and relevant regulations;
       (B) defer until not later than December 31, 2021, and 
     modify as necessary, requirements under paragraphs (3) 
     through (5) of section 51306(a) of title 46, United States 
     Code, and relevant regulations; and
       (C) conditionally waive requirements under paragraphs (2) 
     through (5) of section 51306(a) of title 46, United States 
     Code, and relevant regulations, for an individual who--
       (i) within 3 months of receiving a degree has accepted a 
     commission as an officer on active duty in an armed force of 
     the United States or a commission as an officer of the 
     National Oceanic and Atmospheric Administration or the Public 
     Health Service, pursuant to section 51306(e) of title 46, 
     United States Code; and
       (ii) serves for the 5-year period following commissioning 
     as an officer on active duty as described in clause (i).
       (3) An individual upon whom the United States Merchant 
     Marine Academy confers a degree pursuant to paragraph (1) 
     shall--
       (A) fulfill the requirements under section 51306(a)(2) of 
     title 46, United States Code, and relevant regulations, by 
     the date set by the Secretary, which shall be not later than 
     December 31, 2021; or
       (B) for the 5-year period following graduation from the 
     Academy as described in paragraph (2)(C)(i), serve as a 
     commissioned officer on active duty in an armed force of the 
     United States or as a commissioned officer of the National 
     Oceanic and Atmospheric Administration or the Public Health 
     Service, pursuant to section 51306(e) of title 46, United 
     States Code.
       (4) If the United States Merchant Marine Academy confers a 
     degree upon an individual pursuant to paragraph (1) and the 
     individual fails to comply with the requirements established 
     by the Secretary, the Secretary may--
       (A) revoke the degree conferred on the individual by the 
     United States Merchant Marine Academy; and
       (B) exercise the remedies under section 51306 of title 46, 
     United States Code.
       (b) State Maritime Academy.--
       (1) Notwithstanding section 51506(a)(3) of title 46, United 
     States Code, and subject to such terms and conditions as set 
     forth in this subsection and other conditions as the 
     Secretary may determine, a State maritime academy may confer 
     degrees upon individuals scheduled to graduate from a State 
     maritime academy in calendar year 2020. With respect to an 
     individual who has received student incentive payments under 
     section 51509 of title 46, United States Code, and fails to 
     comply with such terms and conditions, the Secretary may 
     exercise the authorities set forth in paragraphs (3) of this 
     subsection.
       (2) For an individual to be eligible to be conferred a 
     degree pursuant to paragraph (1), the State maritime academy 
     shall require such individual to pass the examination 
     required for the issuance of a license under section 7101 of 
     title 46, United States Code, by December 31, 2021, and such 
     State maritime academy shall advise all such individuals who 
     have not passed the examination prerequisite to issuance of a 
     license that any degree so awarded is subject to revocation 
     and such State maritime academy shall advise any individuals 
     who have not passed.

[[Page H5399]]

       (3) The Secretary of Transportation may--
       (A) require a State maritime academy, as a condition of 
     receiving an annual payment under section 51506(a) of title 
     46, United States Code, to report to the Secretary, in a 
     manner determined by the Secretary, on the compliance with 
     paragraph (2);
       (B) withhold payments under section 51506(a) of title 46, 
     United States Code, in an amount not greater than the 
     fractional amount of the direct payment that is proportional 
     to the number of graduates who fail to comply with 
     requirements under paragraph (2) and whose degrees have not 
     been revoked by the State maritime academy and the total 
     number of individuals graduating from such State maritime 
     academy in calendar year 2020; and
       (C) reduce the amount of direct payments withheld under 
     subparagraph (B) below the maximum amount authorized.
       (4) For an individual graduating from a State maritime 
     academy in calendar year 2020 who has received student 
     incentive payments under section 51509 of title 46, United 
     States Code, the Secretary of Transportation may--
       (A) defer until not later than December 31, 2021, the 
     requirements under sections 51509(d)(2) of title 46, United 
     States Code, and relevant regulations;
       (B) defer until not later than December 31, 2021, and 
     modify as necessary as determined by the Secretary, the 
     requirements under paragraphs (3) through (5) of section 
     51509(d) of title 46, United States Code, and relevant 
     regulations; and
       (C) conditionally waive requirements under paragraphs (2) 
     through (5) of section 51509(d) of title 46, United States 
     Code, and relevant regulations, for an individual who--
       (i) within 3 months of graduation is commissioned as an 
     officer on active duty in an armed force of the United States 
     or as a commissioned officer of the National Oceanic and 
     Atmospheric Administration or the Public Health Service, 
     pursuant to section 51509(h) of title 46, United States Code; 
     and
       (ii) serves for the 5-year period following commissioning 
     as an officer on active duty as provided for in clause (i).
       (5) An individual conferred a degree from a State maritime 
     academy pursuant to paragraph (1) who has received student 
     incentive payments as provided for in section 51509 of title 
     46, United States Code, shall--
       (A) fulfill the requirements under section 51509(d)(2) of 
     title 46, United States Code, and relevant regulations not 
     later than December 31, 2021; or
       (B) for the 5-year period following graduation from an 
     academy described in paragraph (4)(C)(ii), serve as a 
     commissioned officer on active duty in an armed force of the 
     United States or as a commissioned officer of the National 
     Oceanic and Atmospheric Administration or the Public Health 
     Service, pursuant to section 51509(h) of title 46, United 
     States Code.
       (6) If an individual conferred a degree from a State 
     maritime academy pursuant to paragraph (1) fails to comply 
     with the requirements established by the Secretary, the 
     Secretary may exercise the remedies under section 51509 of 
     title 46, United States Code.
       (c) Extension of Authorization.--The Secretary may apply 
     the provisions of subsections (a) and (b) to subsequent 
     graduating classes at the United States Merchant Marine 
     Academy and State maritime academies, and extend compliance 
     dates applicable to such graduates, if the Secretary 
     determines it is necessary to respond to the public health 
     emergency declared by the Secretary of Health and Human 
     Services issued on January 27, 2020, titled ``Concerning the 
     Novel Coronavirus''.

     SEC. 310. REGULATION OF ANCHORAGE AND MOVEMENT OF VESSELS 
                   DURING NATIONAL EMERGENCY.

       Section 70051 of title 46, United States Code, is amended--
       (1) in the section heading by inserting ``or public health 
     emergency'' after ``national emergency'';
       (2) by inserting ``or whenever the Secretary of Health and 
     Human Services determines a public health emergency exists,'' 
     after ``international relations of the United States'';
       (3) by inserting ``or to ensure the safety of vessels and 
     persons in any port and navigable waterway,'' after ``harbor 
     or waters of the United States'';
       (4) by inserting ``or public health emergency,'' after 
     ``subversive activity''; and
       (5) by inserting ``or to ensure the safety of vessels and 
     persons in any port and navigable waterway,'' after ``injury 
     to any harbor or waters of the United States,''.

          DIVISION R--ACCOUNTABILITY AND GOVERNMENT OPERATIONS

                        TITLE I--ACCOUNTABILITY

     SEC. 101. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF 
                   INSPECTOR GENERAL.

       (a) Change in Status of Inspector General of Offices.--
     Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) by inserting ``, is placed on paid or unpaid non-duty 
     status,'' after ``is removed from office'';
       (2) by inserting ``, change in status,'' after ``any such 
     removal''; and
       (3) by inserting ``, change in status,'' after ``before the 
     removal''.
       (b) Change in Status of Inspector General of Designated 
     Federal Entities.--Section 8G(e)(2) of the Inspector General 
     Act of 1978 (5 U.S.C. App.) is amended--
       (1) by inserting ``, is placed on paid or unpaid non-duty 
     status,'' after ``office'';
       (2) by inserting ``, change in status,'' after ``any such 
     removal''; and
       (3) by inserting ``, change in status,'' after ``before the 
     removal''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 30 days after the date of the enactment of 
     this Act.

     SEC. 102. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN 
                   INSPECTOR GENERAL.

       (a) In General.--Subchapter III of chapter 33 of title 5, 
     United States Code, is amended by inserting after section 
     3349d the following new section:

     ``Sec. 3349e. Presidential explanation of failure to nominate 
       an Inspector General

       ``If the President fails to make a formal nomination for a 
     vacant Inspector General position that requires a formal 
     nomination by the President to be filled within the period 
     beginning on the date on which the vacancy occurred and 
     ending on the day that is 210 days after that date, the 
     President shall communicate, within 30 days after the end of 
     such period, to Congress in writing--
       ``(1) the reasons why the President has not yet made a 
     formal nomination; and
       ``(2) a target date for making a formal nomination.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     33 of title 5, United States Code, is amended by inserting 
     after the item relating to 3349d the following new item:

``3349e. Presidential explanation of failure to nominate an Inspector 
              General.''.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to any vacancy first occurring on or after 
     that date.

     SEC. 103. INSPECTOR GENERAL INDEPENDENCE.

       (a) Short Title.--This section may be cited as the 
     ``Inspector General Independence Act''.
       (b) Amendment.--The Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in section 3(b)--
       (A) by striking ``An Inspector General'' and inserting 
     ``(1) An Inspector General'';
       (B) by inserting after ``by the President'' the following: 
     ``in accordance with paragraph (2)''; and
       (C) by inserting at the end the following new paragraph:
       ``(2) The President may remove an Inspector General only 
     for any of the following grounds:
       ``(A) Permanent incapacity.
       ``(B) Inefficiency.
       ``(C) Neglect of duty.
       ``(D) Malfeasance.
       ``(E) Conviction of a felony or conduct involving moral 
     turpitude.
       ``(F) Knowing violation of a law, rule, or regulation.
       ``(G) Gross mismanagement.
       ``(H) Gross waste of funds.
       ``(I) Abuse of authority.''; and
       (2) in section 8G(e)(2), by adding at the end the following 
     new sentence: "An Inspector General may be removed only for 
     any of the following grounds:
       ``(A) Permanent incapacity.
       ``(B) Inefficiency.
       ``(C) Neglect of duty.
       ``(D) Malfeasance.
       ``(E) Conviction of a felony or conduct involving moral 
     turpitude.
       ``(F) Knowing violation of a law, rule, or regulation.
       ``(G) Gross mismanagement.
       ``(H) Gross waste of funds.
       ``(I) Abuse of authority.''.

     SEC. 104. USPS INSPECTOR GENERAL OVERSIGHT RESPONSIBILITIES.

       The Inspector General of the United States Postal Service 
     shall--
       (1) conduct oversight, audits, and investigations of 
     projects and activities carried out with funds provided in 
     division A of this Act to the United States Postal Service; 
     and
       (2) not less than 90 days after the Postal Service 
     commences use of funding provided by division A of this Act, 
     and annually thereafter, initiate an audit of the Postal 
     Service's use of appropriations and borrowing authority 
     provided by any division of this Act, including the use of 
     funds to cover lost revenues, costs due to COVID-19, and 
     expenditures, and submit a copy of such audit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Oversight and Reform of the 
     House of Representatives, and the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                        TITLE II--CENSUS MATTERS

     SEC. 201. MODIFICATION OF 2020 CENSUS DEADLINES AND 
                   TABULATION OF POPULATION.

       (a) Census Deadline Modification.--Notwithstanding the 
     timetables provided in subsections (b) and (c) of section 141 
     of title 13, United States Code, and section 22(a) of the Act 
     entitled ``An Act to provide for the fifteenth and subsequent 
     decennial censuses and to provide for apportionment of 
     Representatives in Congress'', approved June 18, 1929 (2 
     U.S.C. 2a(a)), for the 2020 decennial census of population--
       (1) the tabulation of total population by States required 
     by subsection (a) of such section 141 for the apportionment 
     of Representatives in Congress among the several States shall 
     be--
       (A) completed and reported by the Secretary of Commerce 
     (referred to in this section as the ``Secretary'') to the 
     President no earlier than one year after the decennial census 
     date of April 1, 2020, and not later than April 30, 2021; and
       (B) made public by the Secretary not later than the date on 
     which the tabulation is reported to the President under 
     subparagraph (A);
       (2) the President shall transmit to Congress a statement 
     showing the whole number of persons in each State, and the 
     number of Representatives to which each State would be 
     entitled under an apportionment of the then existing number 
     of Representatives, as required by such section 22(a), and 
     determined solely as described

[[Page H5400]]

     therein, immediately upon receipt of the tabulation reported 
     by the Secretary; and
       (3) the tabulations of populations required by subsection 
     (c) of such section 141 shall be completed by the Secretary 
     as expeditiously as possible after the census date of April 
     1, 2020, taking into account the deadlines of each State for 
     legislative apportionment or districting, and reported to the 
     Governor of the State involved and to the officers or public 
     bodies having responsibility for legislative apportionment or 
     districting of that State, except that the tabulations of 
     population of each State requesting a tabulation plan, and 
     basic tabulations of population of each other State, shall be 
     completed, reported, and transmitted to each respective State 
     not later than July 30, 2021.
       (b) NRFU Operation.--For the 2020 decennial census of 
     population, the Bureau of the Census shall conclude the 
     Nonresponse Followup operation and the self-response 
     operation no earlier than October 31, 2020.

     SEC. 202. REPORTING REQUIREMENTS FOR 2020 CENSUS.

       On the first day of each month during the period between 
     the date of enactment of this Act and July 1, 2021, the 
     Director of the Bureau of the Census shall submit, to the 
     Committee on Oversight and Reform of the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committees on 
     Appropriations of the House and the Senate, a report 
     regarding the 2020 decennial census of population containing 
     the following information:
       (1) The total number of field staff, sorted by category, 
     hired by the Bureau compared to the number of field staff the 
     Bureau estimated was necessary to carry out such census.
       (2) Retention rates of such hired field staff.
       (3) Average wait time for call center calls and average 
     wait time for each language provided.
       (4) Anticipated schedule of such census operations.
       (5) Total tabulated responses, categorized by race and 
     Hispanic origin.
       (6) Total appropriations available for obligation for such 
     census and a categorized list of total disbursements.
       (7) Non-Response Follow-Up completion rates by geographic 
     location.
       (8) Update/Enumerate and Update/Leave completion rates by 
     geographic location.
       (9) Total spending to date on media, advertisements, and 
     partnership specialists, including a geographic breakdown of 
     such spending.
       (10) Post-enumeration schedule and subsequent data 
     aggregation and delivery progress.

     SEC. 203. LIMITATION ON TABULATION OF CERTAIN DATA.

       (a) Limitation.--The Bureau of the Census may not compile 
     or produce any data product or tabulation as part of, in 
     combination with, or in connection with, the 2020 decennial 
     census of population or any such census data produced 
     pursuant to section 141(c) of title 13, United States Code, 
     that is based in whole or in part on data that is not 
     collected in such census.
       (b) Exception.--The limitation in subsection (a) shall not 
     apply to any data product or tabulation that is required by 
     sections 141(b) or (c) of such title, that uses the same or 
     substantially similar methodology and data sources as a 
     decennial census data product produced by the Bureau of the 
     Census before January 1, 2019, or that uses a methodology and 
     data sources that the Bureau of the Census finalized and made 
     public prior to January 1, 2018.

                      TITLE III--FEDERAL WORKFORCE

     SEC. 301. COVID-19 TELEWORKING REQUIREMENTS FOR FEDERAL 
                   EMPLOYEES.

       (a) Mandated Telework.--
       (1) In general.--Effective immediately upon the date of 
     enactment of this Act, the head of any Federal agency shall 
     require any employee of such agency who is authorized to 
     telework under chapter 65 of title 5, United States Code, or 
     any other provision of law to telework during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2020.
       (2) Definitions.--In this subsection--
       (A) the term ``employee'' means--
       (i) an employee of the Library of Congress;
       (ii) an employee of the Government Accountability Office;
       (iii) a covered employee as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301), 
     other than an applicant for employment;
       (iv) a covered employee as defined in section 411(c) of 
     title 3, United States Code;
       (v) a Federal officer or employee covered under subchapter 
     V of chapter 63 of title 5, United States Code; or
       (vi) any other individual occupying a position in the civil 
     service (as that term is defined in section 2101(1) of title 
     5, United States Code); and
       (B) the term ``telework'' has the meaning given that term 
     in section 6501(3) of such title.
       (b) Telework Participation Goals.--Chapter 65 of title 5, 
     United States Code, is amended as follows:
       (1) In section 6502--
       (A) in subsection (b)--
       (i) in paragraph (4), by striking ``and'' at the end;
       (ii) in paragraph (5), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following:
       ``(6) include annual goals for increasing the percent of 
     employees of the executive agency participating in 
     teleworking--
       ``(A) three or more days per pay period;
       ``(B) one or 2 days per pay period;
       ``(C) once per month; and
       ``(D) on an occasional, episodic, or short-term basis; and
       ``(7) include methods for collecting data on, setting goals 
     for, and reporting costs savings to the executive agency 
     achieved through teleworking, consistent with the guidance 
     developed under section 301(c) of division R of The Heroes 
     Act.''; and
       (B) by adding at the end the following:
       ``(d) Notification for Reduction in Teleworking 
     Participation.--Not later than 30 days before the date that 
     an executive agency implements or modifies a teleworking plan 
     that would reduce the percentage of employees at the agency 
     who telework, the head of the executive agency shall provide 
     written notification, including a justification for the 
     reduction in telework participation and a description of how 
     the agency will pay for any increased costs resulting from 
     that reduction, to--
       ``(1) the Director of the Office of Personnel Management;
       ``(2) the Committee on Oversight and Reform of the House of 
     Representatives; and
       ``(3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       ``(e) Prohibition on Agency-wide Limits on Teleworking.--An 
     agency may not prohibit any delineated period of teleworking 
     participation for all employees of the agency, including the 
     periods described in subparagraphs (A) through (D) of 
     subsection (b)(6). The agency shall make any teleworking 
     determination with respect to an employee or group of 
     employees at the agency on a case-by-case basis.''.
       (2) In section 6506(b)(2)--
       (A) in subparagraph (F)(vi), by striking ``and'' at the 
     end;
       (B) in subparagraph (G), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(H) agency cost savings achieved through teleworking, 
     consistent with the guidance developed under section 2(c) of 
     the Telework Metrics and Cost Savings Act; and
       ``(I) a detailed explanation of a plan to increase the 
     Government-wide teleworking participation rate above such 
     rate applicable to fiscal year 2016, including agency-level 
     plans to maintain or imparove such rate for each of the 
     teleworking frequency categories listed under subparagraph 
     (A)(iii).''.
       (c) Guidance.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Personnel Management, in collaboration with the Chief Human 
     Capital Officer Council, shall establish uniform guidance for 
     agencies on how to collect data on, set goals for, and report 
     cost savings achieved through, teleworking. Such guidance 
     shall account for cost savings related to travel, energy use, 
     and real estate.
       (d) Technical Correction.--Section 6506(b)(1) of title 5, 
     United States Code, is amended by striking ``with Chief'' and 
     inserting ``with the Chief''.

     SEC. 302. RETIREMENT FOR CERTAIN EMPLOYEES.

       (a) CSRS.--Section 8336(c) of title 5, United States Code, 
     is amended by adding at the end the following:
       ``(3)(A) In this paragraph--
       ``(i) the term `affected individual' means an individual 
     covered under this subchapter who--

       ``(I) is performing service in a covered position;
       ``(II) is diagnosed with COVID-19 before the date on which 
     the individual becomes entitled to an annuity under paragraph 
     (1) of this subsection or subsection (e), (m), or (n), as 
     applicable;
       ``(III) because of the illness described in subclause (II), 
     is permanently unable to render useful and efficient service 
     in the employee's covered position, as determined by the 
     agency in which the individual was serving when such 
     individual incurred the illness; and
       ``(IV) is appointed to a position in the civil service 
     that--

       ``(aa) is not a covered position; and
       ``(bb) is within an agency that regularly appoints 
     individuals to supervisory or administrative positions 
     related to the activities of the former covered position of 
     the individual;
       ``(ii) the term `covered position' means a position as a 
     law enforcement officer, customs and border protection 
     officer, firefighter, air traffic controller, nuclear 
     materials courier, member of the Capitol Police, or member of 
     the Supreme Court Police; and
       ``(iii) the term `COVID-19' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       ``(B) Unless an affected individual files an election 
     described in subparagraph (E), creditable service by the 
     affected individual in a position described in subparagraph 
     (A)(i)(IV) shall be treated as creditable service in a 
     covered position for purposes of this chapter and determining 
     the amount to be deducted and withheld from the pay of the 
     affected individual under section 8334.
       ``(C) Subparagraph (B) shall only apply if the affected 
     employee transitions to a position described in subparagraph 
     (A)(i)(IV) without a break in service exceeding 3 days.
       ``(D) The service of an affected individual shall no longer 
     be eligible for treatment under subparagraph (B) if such 
     service occurs after the individual--
       ``(i) is transferred to a supervisory or administrative 
     position related to the activities of the former covered 
     position of the individual; or
       ``(ii) meets the age and service requirements that would 
     subject the individual to mandatory separation under section 
     8335 if such individual had remained in the former covered 
     position.
       ``(E) In accordance with procedures established by the 
     Director of the Office of Personnel Management, an affected 
     individual may file an election to have any creditable 
     service performed by the affected individual treated in 
     accordance with this chapter without regard to subparagraph 
     (B).
       ``(F) Nothing in this paragraph shall be construed to apply 
     to such affected individual any other pay-related laws or 
     regulations applicable to a covered position.''.

[[Page H5401]]

       (b) FERS.--
       (1) In general.--Section 8412(d) of title 5, United States 
     Code, is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' before ``An employee''; and
       (C) by adding at the end the following:
       ``(2)(A) In this paragraph--
       ``(i) the term `affected individual' means an individual 
     covered under this chapter who--

       ``(I) is performing service in a covered position;
       ``(II) is diagnosed with COVID-19 before the date on which 
     the individual becomes entitled to an annuity under paragraph 
     (1) of this subsection or subsection (e), as applicable;
       ``(III) because of the illness described in subclause (II), 
     is permanently unable to render useful and efficient service 
     in the employee's covered position, as determined by the 
     agency in which the individual was serving when such 
     individual incurred the illness; and
       ``(IV) is appointed to a position in the civil service 
     that--

       ``(aa) is not a covered position; and
       ``(bb) is within an agency that regularly appoints 
     individuals to supervisory or administrative positions 
     related to the activities of the former covered position of 
     the individual;
       ``(ii) the term `covered position' means a position as a 
     law enforcement officer, customs and border protection 
     officer, firefighter, air traffic controller, nuclear 
     materials courier, member of the Capitol Police, or member of 
     the Supreme Court Police; and
       ``(iii) the term `COVID-19' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       ``(B) Unless an affected individual files an election 
     described in subparagraph (E), creditable service by the 
     affected individual in a position described in subparagraph 
     (A)(i)(IV) shall be treated as creditable service in a 
     covered position for purposes of this chapter and determining 
     the amount to be deducted and withheld from the pay of the 
     affected individual under section 8422.
       ``(C) Subparagraph (B) shall only apply if the affected 
     employee transitions to a position described in subparagraph 
     (A)(i)(IV) without a break in service exceeding 3 days.
       ``(D) The service of an affected individual shall no longer 
     be eligible for treatment under subparagraph (B) if such 
     service occurs after the individual--
       ``(i) is transferred to a supervisory or administrative 
     position related to the activities of the former covered 
     position of the individual; or
       ``(ii) meets the age and service requirements that would 
     subject the individual to mandatory separation under section 
     8425 if such individual had remained in the former covered 
     position.
       ``(E) In accordance with procedures established by the 
     Director of the Office of Personnel Management, an affected 
     individual may file an election to have any creditable 
     service performed by the affected individual treated in 
     accordance with this chapter without regard to subparagraph 
     (B).
       ``(F) Nothing in this paragraph shall be construed to apply 
     to such affected individual any other pay-related laws or 
     regulations applicable to a covered position.''.
       (2) Technical and conforming amendments.--
       (A) Chapter 84 of title 5, United States Code, is amended--
       (i) in section 8414(b)(3), by inserting ``(1)'' after 
     ``subsection (d)'';
       (ii) in section 8415--

       (I) in subsection (e), in the matter preceding paragraph 
     (1), by inserting ``(1)'' after ``subsection (d)''; and
       (II) in subsection (h)(2)(A), by striking ``(d)(2)'' and 
     inserting ``(d)(1)(B)'';

       (iii) in section 8421(a)(1), by inserting ``(1)'' after 
     ``(d)'';
       (iv) in section 8421a(b)(4)(B)(ii), by inserting ``(1)'' 
     after ``section 8412(d)'';
       (v) in section 8425, by inserting ``(1)'' after ``section 
     8412(d)'' each place it appears; and
       (vi) in section 8462(c)(3)(B)(ii), by inserting ``(1)'' 
     after ``subsection (d)''.
       (B) Title VIII of the Foreign Service Act of 1980 (22 
     U.S.C. 4041 et seq.) is amended--
       (i) in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by 
     inserting ``(1)'' after ``or 8412(d)''; and
       (ii) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), by 
     inserting ``(1)'' after ``or 8412(d)''.
       (c) CIA Employees.--Section 302 of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2152) is amended by adding 
     at the end the following:
       ``(d) Employees Disabled on Duty.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `affected employee' means an employee of the 
     Agency covered under subchapter II of chapter 84 of title 5, 
     United States Code, who--
       ``(i) is performing service in a position designated under 
     subsection (a);
       ``(ii) is diagnosed with COVID-19 before the date on which 
     the employee becomes entitled to an annuity under section 233 
     of this Act or section 8412(d)(1) of title 5, United States 
     Code;
       ``(iii) because of the illness described in clause (ii), is 
     permanently unable to render useful and efficient service in 
     the employee's covered position, as determined by the 
     Director; and
       ``(iv) is appointed to a position in the civil service that 
     is not a covered position but is within the Agency;
       ``(B) the term `covered position' means a position as--
       ``(i) a law enforcement officer described in section 
     8331(20) or 8401(17) of title 5, United States Code;
       ``(ii) a customs and border protection officer described in 
     section 8331(31) or 8401(36) of title 5, United States Code;
       ``(iii) a firefighter described in section 8331(21) or 
     8401(14) of title 5, United States Code;
       ``(iv) an air traffic controller described in section 
     8331(30) or 8401(35) of title 5, United States Code;
       ``(v) a nuclear materials courier described in section 
     8331(27) or 8401(33) of title 5, United States Code;
       ``(vi) a member of the United States Capitol Police;
       ``(vii) a member of the Supreme Court Police;
       ``(viii) an affected employee; or
       ``(ix) a special agent described in section 804(15) of the 
     Foreign Service Act of 1980 (22 U.S.C. 4044(15)); and
       ``(C) the term `COVID-19' means the 2019 Novel Coronavirus 
     or 2019-nCoV.
       ``(2) Treatment of service after disability.--Unless an 
     affected employee files an election described in paragraph 
     (3), creditable service by the affected employee in a 
     position described in paragraph (1)(A)(iv) shall be treated 
     as creditable service in a covered position for purposes of 
     this Act and chapter 84 of title 5, United States Code, 
     including eligibility for an annuity under section 233 of 
     this Act or 8412(d)(1) of title 5, United States Code, and 
     determining the amount to be deducted and withheld from the 
     pay of the affected employee under section 8422 of title 5, 
     United States Code.
       ``(3) Break in service.--Paragraph (2) shall only apply if 
     the affected employee transitions to a position described in 
     paragraph (1)(A)(iv) without a break in service exceeding 3 
     days.
       ``(4) Limitation on treatment of service.--The service of 
     an affected employee shall no longer be eligible for 
     treatment under paragraph (2) if such service occurs after 
     the employee is transferred to a supervisory or 
     administrative position related to the activities of the 
     former covered position of the employee.
       ``(5) Opt out.--An affected employee may file an election 
     to have any creditable service performed by the affected 
     employee treated in accordance with chapter 84 of title 5, 
     United States Code, without regard to paragraph (2).''.
       (d) Foreign Service Retirement and Disability System.--
     Section 806(a)(6) of the Foreign Service Act of 1980 (22 
     U.S.C. 4046(a)(6)) is amended by adding at the end the 
     following:
       ``(D)(i) In this subparagraph--

       ``(I) the term `affected special agent' means an individual 
     covered under this subchapter who--

       ``(aa) is performing service as a special agent;
       ``(bb) is diagnosed with COVID-19 before the date on which 
     the individual becomes entitled to an annuity under section 
     811;
       ``(cc) because of the illness described in item (bb), is 
     permanently unable to render useful and efficient service in 
     the employee's covered position, as determined by the 
     Secretary; and
       ``(dd) is appointed to a position in the Foreign Service 
     that is not a covered position;

       ``(II) the term `covered position' means a position as--

       ``(aa) a law enforcement officer described in section 
     8331(20) or 8401(17) of title 5, United States Code;
       ``(bb) a customs and border protection officer described in 
     section 8331(31) or 8401(36) of title 5, United States Code;
       ``(cc) a firefighter described in section 8331(21) or 
     8401(14) of title 5, United States Code;
       ``(dd) an air traffic controller described in section 
     8331(30) or 8401(35) of title 5, United States Code;
       ``(ee) a nuclear materials courier described in section 
     8331(27) or 8401(33) of title 5, United States Code;
       ``(ff) a member of the United States Capitol Police;
       ``(gg) a member of the Supreme Court Police;
       ``(hh) an employee of the Agency designated under section 
     302(a) of the Central Intelligence Agency Retirement Act (50 
     U.S.C. 2152(a)); or
       ``(ii) a special agent; and

       ``(III) the term `COVID-19' means the 2019 Novel 
     Coronavirus or 2019-nCoV.

       ``(ii) Unless an affected special agent files an election 
     described in clause (iv), creditable service by the affected 
     special agent in a position described in clause (i)(I)(dd) 
     shall be treated as creditable service as a special agent for 
     purposes of this subchapter, including determining the amount 
     to be deducted and withheld from the pay of the individual 
     under section 805.
       ``(iii) Clause (ii) shall only apply if the special agent 
     transitions to a position described in clause (i)(I)(dd) 
     without a break in service exceeding 3 days.
       ``(iv) The service of an affected employee shall no longer 
     be eligible for treatment under clause (ii) if such service 
     occurs after the employee is transferred to a supervisory or 
     administrative position related to the activities of the 
     former covered position of the employee.
       ``(v) In accordance with procedures established by the 
     Secretary, an affected special agent may file an election to 
     have any creditable service performed by the affected special 
     agent treated in accordance with this subchapter, without 
     regard to clause (ii).''.
       (e) Implementation.--
       (1) Office of personnel management.--The Director of the 
     Office of Personnel Management shall promulgate regulations 
     to carry out the amendments made by subsections (a) and (b).
       (2) CIA employees.--The Director of the Central 
     Intelligence Agency shall promulgate regulations to carry out 
     the amendment made by subsection (c).
       (3) Foreign service retirement and disability system.--The 
     Secretary of State shall promulgate regulations to carry out 
     the amendment made by subsection (d).
       (4) Agency reappointment.--The regulations promulgated to 
     carry out the amendments made by this section shall ensure 
     that, to the greatest extent possible, the head of each 
     agency appoints affected employees or special agents to 
     supervisory or administrative positions related to the 
     activities of the former covered position of the employee or 
     special agent.
       (5) Treatment of service.--The regulations promulgated to 
     carry out the amendments made

[[Page H5402]]

     by this section shall ensure that the creditable service of 
     an affected employee or special agent (as the case may be) 
     that is not in a covered position pursuant to an election 
     made under such amendments shall be treated as the same type 
     of service as the covered position in which the employee or 
     agent suffered the qualifying illness.
       (f) Effective Date; Applicability.--The amendments made by 
     this section--
       (1) shall take effect on the date of enactment of this 
     section; and
       (2) shall apply to an individual who suffers an illness 
     described in section 8336(c)(3)(A)(i)(II) or section 
     8412(d)(2)(A)(i)(II) of title 5, United States Code (as 
     amended by this section), section 302(d)(1)(A)(ii) of the 
     Central Intelligence Agency Retirement Act (as amended by 
     this section), or section 806(a)(6)(D)(i)(I)(bb) of the 
     Foreign Service Act of 1980 (as amended by this section), on 
     or after the date that is 2 years after the date of enactment 
     of this section.

                TITLE IV--FEDERAL CONTRACTING PROVISIONS

     SEC. 401. MANDATORY TELEWORK.

       (a) In General.--During the emergency period, the Director 
     of the Office of Management and Budget shall direct agencies 
     to allow telework for all contractor personnel to the maximum 
     extent practicable. Additionally, the Director shall direct 
     contracting officers to document any decision to not allow 
     telework during the emergency period in the contract file.
       (b) Emergency Period Defined.--In this section, the term 
     ``emergency period'' means the period that--
       (1) begins on the date that is not later than 15 days after 
     the date of the enactment of this Act; and
       (2) ends on the date that the public health emergency 
     declared pursuant to section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) as result of COVID-19, including any 
     renewal thereof, expires.

     SEC. 402. GUIDANCE ON THE IMPLEMENTATION OF SECTION 3610 OF 
                   THE CARES ACT.

       Not later than 15 days after the date of the enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall issue guidance to ensure uniform implementation across 
     agencies of section 3610 of the CARES Act (Public Law 116-
     136). Any such guidance shall--
       (1) limit the basic requirements for reimbursement to those 
     included in such Act and the effective date for such 
     reimbursement shall be January 31, 2020; and
       (2) clarify that the term ``minimum applicable contract 
     billing rates'' as used in such section includes the 
     financial impact incurred as a consequence of keeping the 
     employees or subcontractors of the contractor in a ready 
     state (such as the base hourly wage rate of an employee, plus 
     indirect costs, fees, and general and administrative 
     expenses).

     SEC. 403. PAST PERFORMANCE RATINGS.

       Section 1126 of title 41, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Exception for Failure to Deliver Goods or Complete 
     Work Due to Covid-19.--If the head of an executive agency 
     determines that a contractor failed to deliver goods or 
     complete work as a result of measures taken as a result of 
     COVID-19 under a contract with the agency by the date or 
     within the time period imposed by the contract, any 
     information relating to such failure may not be--
       ``(1) included in any past performance database used by 
     executive agencies for making source selection decisions; or
       ``(2) evaluated unfavorably as a factor of past contract 
     performance.''.

     SEC. 404. ACCELERATED PAYMENTS.

       Not later than 10 days after the date of the enactment of 
     this Act and ending on the expiration of the public health 
     emergency declared pursuant to section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) as a result of COVID-19, 
     including any renewal thereof, the Director of the Office of 
     Management and Budget shall direct contracting officers to 
     establish an accelerated payment date for any prime contract 
     (as defined in section 8701 of title 41, United States Code) 
     with payments due 15 days after the receipt of a proper 
     invoice.

                     TITLE V--DISTRICT OF COLUMBIA

     SEC. 501. SPECIAL BORROWING BY THE DISTRICT OF COLUMBIA.

       (a) Authorizing Borrowing Under Municipal Liquidity 
     Facility of Federal Reserve Board and Similar Facilities or 
     Programs.--The Council of the District of Columbia (hereafter 
     in this section referred to as the ``Council'') may by act 
     authorize the issuance of bonds, notes, and other 
     obligations, in amounts determined by the Chief Financial 
     Officer of the District of Columbia to meet cash-flow needs 
     of the District of Columbia government, for purchase by the 
     Board of Governors of the Federal Reserve under the Municipal 
     Liquidity Facility of the Federal Reserve or any other 
     facility or program of the Federal Reserve or another entity 
     of the Federal government which is established in response to 
     the COVID-19 Pandemic.
       (b) Requiring Issuance to Be Competitive With Other Forms 
     of Borrowing.--The Council may authorize the issuance of 
     bonds, notes, or other obligations under subsection (a) only 
     if the issuance of such bonds, notes, and other obligations 
     is competitive with other forms of borrowing in the financial 
     market.
       (c) Treatment as General Obligation.--Any bond, note, or 
     other obligation issued under subsection (a) shall, if 
     provided in the act of the Council, be a general obligation 
     of the District.
       (d) Payments Not Subject to Appropriation.--No 
     appropriation is required to pay--
       (1) any amount (including the amount of any accrued 
     interest or premium) obligated or expended from or pursuant 
     to subsection (a) for or from the sale of any bonds, notes, 
     or other obligation under such subsection;
       (2) any amount obligated or expended for the payment of 
     principal of, interest on, or any premium for any bonds, 
     notes, or other obligations issued under subsection (a);
       (3) any amount obligated or expended pursuant to provisions 
     made to secure any bonds, notes, or other obligations issued 
     under subsection (a); or
       (4) any amount obligated or expended pursuant to 
     commitments, including lines of credit or costs of issuance, 
     made or entered in connection with the issuance of any bonds, 
     notes, or other obligations for operating or capital costs 
     financed under subsection (a).
       (e) Renewal.--Any bond, note, or other obligation issued 
     under subsection (a) may be renewed if authorized by an act 
     of the Council.
       (f) Payment.--Any bonds, notes, or other obligations issued 
     under subsection (a), including any renewal of such bonds, 
     notes, or other obligations, shall be due and payable on such 
     terms and conditions as are consistent with the terms and 
     conditions of the Municipal Liquidity Facility or other 
     facility or program referred to in subsection (a).
       (g) Inclusion of Payments in Annual Budget.--The Council 
     shall provide in each annual budget for the District of 
     Columbia government sufficient funds to pay the principal of 
     and interest on all bonds, notes, or other obligations issued 
     under subsection (a) of this section becoming due and payable 
     during such fiscal year.
       (h) Obligation to Pay.--The Mayor of the District of 
     Columbia shall ensure that the principal of and interest on 
     all bonds, notes, or other obligations issued under 
     subsection (a) are paid when due, including by paying such 
     principal and interest from funds not otherwise legally 
     committed.
       (i) Security Interest in District Revenues.--The Council 
     may by act provide for a security interest in any District of 
     Columbia revenues as additional security for the payment of 
     any bond, note, or other obligation issued under subsection 
     (a).

                        TITLE VI--OTHER MATTERS

     SEC. 601. ESTIMATES OF AGGREGATE ECONOMIC GROWTH ACROSS 
                   INCOME GROUPS.

       (a) Short Title.--This section may be cited as the 
     ``Measuring Real Income Growth Act of 2020''.
       (b) Definitions.--In this section:
       (1) Bureau.--The term ``Bureau'' means the Bureau of 
     Economic Analysis of the Department of Commerce.
       (2) Gross domestic product analysis.--The term ``gross 
     domestic product analysis''--
       (A) means a quarterly or annual analysis conducted by the 
     Bureau with respect to the gross domestic product of the 
     United States; and
       (B) includes a revision prepared by the Bureau of an 
     analysis described in subparagraph (A).
       (3) Recent estimate.--The term ``recent estimate'' means 
     the most recent estimate described in subsection (c) that is 
     available on the date on which the gross domestic product 
     analysis with which the estimate is to be included is 
     conducted.
       (c) Inclusion in Reports.--Beginning in 2020, in each gross 
     domestic product analysis conducted by the Bureau, the Bureau 
     shall include a recent estimate of, with respect to specific 
     percentile groups of income, the total amount that was added 
     to the economy of the United States during the period to 
     which the recent estimate pertains, including in--
       (1) each of the 10 deciles of income; and
       (2) the highest 1 percent of income.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce such sums as 
     are necessary to carry out this section.

     SEC. 602. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE 
                   COMMUNITIES SUPPORT PROGRAM.

       (a) In General.--Subject to subsection (b), if the 
     Administrator of the Drug-Free Communities Support Program 
     determines that, as a result of the public health emergency 
     declared pursuant to section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) as a result of COVID-19, an eligible 
     coalition is unable to raise the amount of non-Federal funds, 
     including in-kind contributions, agreed to be raised by the 
     coalition for a fiscal year under an agreement entered into 
     with the Administrator pursuant to paragraph (1)(A) or (3)(D) 
     of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 
     U.S.C. 1532(b)), the Administrator may, notwithstanding such 
     paragraphs, provide to the eligible coalition the grant or 
     renewal grant, as applicable, for that fiscal year in an 
     amount--
       (1) with respect to an initial grant or renewal grant 
     described under paragraph (1)(A) of such section, that 
     exceeds the amount of non-Federal funds raised by the 
     eligible coalition, including in-kind contributions, for that 
     fiscal year;
       (2) with respect to a renewal grant described under 
     paragraph (3)(D)(i) of such section, that exceeds 125 percent 
     of the amount of non-Federal funds raised by the eligible 
     coalition, including in-kind contributions, for that fiscal 
     year; and
       (3) with respect to a renewal grant described under 
     paragraph (3)(D)(ii) of such section, that exceeds 150 
     percent of the amount of non-Federal funds raised by the 
     eligible coalition, including in-kind contributions, for that 
     fiscal year.

     SEC. 603. UNITED STATES POSTAL SERVICE BORROWING AUTHORITY.

       Subsection (b)(2) of section 6001 of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended to read as follows:
       ``(2) the Secretary of the Treasury shall lend up to the 
     amount described in paragraph (1) at the request of the 
     Postal Service subject to the

[[Page H5403]]

     terms and conditions of the note purchase agreement between 
     the Postal Service and the Federal Financing Bank in effect 
     on September 29, 2018.''.

                 DIVISION S--FOREIGN AFFAIRS PROVISIONS

          TITLE I--MATTERS RELATING TO THE DEPARTMENT OF STATE

     SEC. 101. EFFORTS TO ASSIST FEDERAL VOTERS OVERSEAS IMPACTED 
                   BY COVID-19.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of State, in consultation with the Secretary of 
     Defense and the Postmaster General, should undertake efforts 
     to mitigate the effects of limited or curtailed diplomatic 
     pouch capacities or other operations constraints at United 
     States diplomatic and consular posts, due to coronavirus, on 
     overseas voters (as such term is defined in section 107(5) of 
     the Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20310(5))) seeking to return absentee ballots and 
     other balloting materials under such Act with respect to 
     elections for Federal office held in 2020. Such efforts 
     should include steps to--
       (1) restore or augment diplomatic pouch capacities;
       (2) facilitate using the Army Post Office, Fleet Post 
     Office, Diplomatic Post Office, the United States mails, or 
     private couriers, if available;
       (3) mitigate other operations constraints affecting 
     eligible overseas voters;
       (4) develop specific outreach plans to educate eligible 
     overseas voters about accessing all available forms of voter 
     assistance prior to the date of the regularly scheduled 
     general election for Federal office; and
       (5) ensure any employees at Department of State overseas 
     posts interacting with Federal overseas voters seeking to 
     return their ballots are informed of and exercise necessary 
     protocols to avoid the spoilage or invalidating of ballots 
     for which the Department of State is helping to facilitate 
     return.
       (b) Report on Efforts to Assist and Inform Federal Voters 
     Overseas.--Not later than 15 days before the date of the 
     regularly scheduled general election for Federal office held 
     in November 2020, the Secretary of State, in consultation 
     with the Secretary of Defense, shall report to the 
     appropriate congressional committees on the efforts described 
     in subsection (a).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate.

     SEC. 102. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION 
                   TASK FORCE.

       Not later than 90 days after the date of the enactment of 
     this division, the Secretary of State shall submit to the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Foreign Relations of the Senate a report 
     evaluating the efforts of the Coronavirus Repatriation Task 
     Force of the Department of State to repatriate United States 
     citizens and legal permanent residents in response to the 
     2020 coronavirus outbreak. The report shall identify--
       (1) the most significant impediments to repatriating such 
     persons;
       (2) the lessons learned from such repatriations; and
       (3) any changes planned to future repatriation efforts of 
     the Department of State to incorporate such lessons learned.

              TITLE II--GLOBAL HEALTH SECURITY ACT OF 2020

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Global Health Security Act 
     of 2020''.

     SEC. 202. FINDINGS.

       Congress finds the following:
       (1) In December 2009, President Obama released the National 
     Strategy for Countering Biological Threats, which listed as 
     one of seven objectives ``Promote global health security: 
     Increase the availability of and access to knowledge and 
     products of the life sciences that can help reduce the impact 
     from outbreaks of infectious disease whether of natural, 
     accidental, or deliberate origin''.
       (2) In February 2014, the United States and nearly 30 other 
     nations launched the Global Health Security Agenda (GHSA) to 
     address several high-priority, global infectious disease 
     threats. The GHSA is a multi-faceted, multi-country 
     initiative intended to accelerate partner countries' 
     measurable capabilities to achieve specific targets to 
     prevent, detect, and respond to infectious disease threats, 
     whether naturally occurring, deliberate, or accidental.
       (3) In 2015, the United Nations adopted the Sustainable 
     Development Goals (SDGs), which include specific reference to 
     the importance of global health security as part of SDG 3 
     ``ensure healthy lives and promote well-being for all at all 
     ages'' as follows: ``strengthen the capacity of all 
     countries, in particular developing countries, for early 
     warning, risk reduction and management of national and global 
     health risks''.
       (4) On November 4, 2016, President Obama signed Executive 
     Order 13747, ``Advancing the Global Health Security Agenda to 
     Achieve a World Safe and Secure from Infectious Disease 
     Threats''.
       (5) In October 2017 at the GHSA Ministerial Meeting in 
     Uganda, the United States and more than 40 GHSA member 
     countries supported the ``Kampala Declaration'' to extend the 
     GHSA for an additional 5 years to 2024.
       (6) In December 2017, President Trump released the National 
     Security Strategy, which includes the priority action: 
     ``Detect and contain biothreats at their source: We will work 
     with other countries to detect and mitigate outbreaks early 
     to prevent the spread of disease. We will encourage other 
     countries to invest in basic health care systems and to 
     strengthen global health security across the intersection of 
     human and animal health to prevent infectious disease 
     outbreaks''.
       (7) In September 2018, President Trump released the 
     National Biodefense Strategy, which includes objectives to 
     ``strengthen global health security capacities to prevent 
     local bioincidents from becoming epidemics'', and 
     ``strengthen international preparedness to support 
     international response and recovery capabilities''.

     SEC. 203. STATEMENT OF POLICY.

       It is the policy of the United States to--
       (1) promote global health security as a core national 
     security interest;
       (2) advance the aims of the Global Health Security Agenda;
       (3) collaborate with other countries to detect and mitigate 
     outbreaks early to prevent the spread of disease;
       (4) encourage other countries to invest in basic resilient 
     and sustainable health care systems; and
       (5) strengthen global health security across the 
     intersection of human and animal health to prevent infectious 
     disease outbreaks and combat the growing threat of 
     antimicrobial resistance.

     SEC. 204. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW 
                   COUNCIL.

       (a) Establishment.--The President shall establish a Global 
     Health Security Agenda Interagency Review Council (in this 
     section referred to as the ``Council'') to perform the 
     general responsibilities described in subsection (c) and the 
     specific roles and responsibilities described in subsection 
     (e).
       (b) Meetings.--The Council shall meet not less than four 
     times per year to advance its mission and fulfill its 
     responsibilities.
       (c) General Responsibilities.--The Council shall be 
     responsible for the following activities:
       (1) Provide policy-level recommendations to participating 
     agencies on Global Health Security Agenda (GHSA) goals, 
     objectives, and implementation.
       (2) Facilitate interagency, multi-sectoral engagement to 
     carry out GHSA implementation.
       (3) Provide a forum for raising and working to resolve 
     interagency disagreements concerning the GHSA.
       (4)(A) Review the progress toward and work to resolve 
     challenges in achieving United States commitments under the 
     GHSA, including commitments to assist other countries in 
     achieving the GHSA targets.
       (B) The Council shall consider, among other issues, the 
     following:
       (i) The status of United States financial commitments to 
     the GHSA in the context of commitments by other donors, and 
     the contributions of partner countries to achieve the GHSA 
     targets.
       (ii) The progress toward the milestones outlined in GHSA 
     national plans for those countries where the United States 
     Government has committed to assist in implementing the GHSA 
     and in annual work-plans outlining agency priorities for 
     implementing the GHSA.
       (iii) The external evaluations of United States and partner 
     country capabilities to address infectious disease threats, 
     including the ability to achieve the targets outlined within 
     the WHO Joint External Evaluation (JEE) tool, as well as gaps 
     identified by such external evaluations.
       (d) Participation.--The Council shall consist of 
     representatives, serving at the Assistant Secretary level or 
     higher, from the following agencies:
       (1) The Department of State.
       (2) The Department of Defense.
       (3) The Department of Justice.
       (4) The Department of Agriculture.
       (5) The Department of Health and Human Services.
       (6) The Department of Labor.
       (7) The Department of Homeland Security.
       (8) The Office of Management and Budget.
       (9) The United States Agency for International Development.
       (10) The Environmental Protection Agency.
       (11) The Centers for Disease Control and Prevention.
       (12) The Office of Science and Technology Policy.
       (13) The National Institutes of Health.
       (14) The National Institute of Allergy and Infectious 
     Diseases.
       (15) Such other agencies as the Council determines to be 
     appropriate.
       (e) Specific Roles and Responsibilities.--
       (1) In general.--The heads of agencies described in 
     subsection (d) shall--
       (A) make the GHSA and its implementation a high priority 
     within their respective agencies, and include GHSA-related 
     activities within their respective agencies' strategic 
     planning and budget processes;
       (B) designate a senior-level official to be responsible for 
     the implementation of this division;
       (C) designate, in accordance with subsection (d), an 
     appropriate representative at the Assistant Secretary level 
     or higher to participate on the Council;
       (D) keep the Council apprised of GHSA-related activities 
     undertaken within their respective agencies;
       (E) maintain responsibility for agency-related programmatic 
     functions in coordination with host governments, country 
     teams, and GHSA in-country teams, and in conjunction with 
     other relevant agencies;
       (F) coordinate with other agencies that are identified in 
     this section to satisfy programmatic goals, and further 
     facilitate coordination of country teams, implementers, and 
     donors in host countries; and
       (G) coordinate across GHSA national plans and with GHSA 
     partners to which the United States is providing assistance.
       (2) Additional roles and responsibilities.--In addition to 
     the roles and responsibilities described in paragraph (1), 
     the heads of

[[Page H5404]]

     agencies described in subsection (d) shall carry out their 
     respective roles and responsibilities described in 
     subsections (b) through (i) of section 3 of Executive Order 
     13747 (81 Fed. Reg. 78701; relating to Advancing the Global 
     Health Security Agenda to Achieve a World Safe and Secure 
     from Infectious Disease Threats), as in effect on the day 
     before the date of the enactment of this division.

     SEC. 205. UNITED STATES COORDINATOR FOR GLOBAL HEALTH 
                   SECURITY.

       (a) In General.--The President shall appoint an individual 
     to the position of United States Coordinator for Global 
     Health Security, who shall be responsible for the 
     coordination of the interagency process for responding to 
     global health security emergencies. As appropriate, the 
     designee shall coordinate with the President's Special 
     Coordinator for International Disaster Assistance.
       (b) Congressional Briefing.--Not less frequently than twice 
     each year, the employee designated under this section shall 
     provide to the appropriate congressional committees a 
     briefing on the responsibilities and activities of the 
     individual under this section.

     SEC. 206. SENSE OF CONGRESS.

       It is the sense of the Congress that, given the complex and 
     multisectoral nature of global health threats to the United 
     States, the President--
       (1) should consider appointing an individual with 
     significant background and expertise in public health or 
     emergency response management to the position of United 
     States Coordinator for Global Health Security, as required by 
     section 205(a), who is an employee of the National Security 
     Council at the level of Deputy Assistant to the President or 
     higher; and
       (2) in providing assistance to implement the strategy 
     required under section 207(a), should--
       (A) coordinate, through a whole-of-government approach, the 
     efforts of relevant Federal departments and agencies to 
     implement the strategy;
       (B) seek to fully utilize the unique capabilities of each 
     relevant Federal department and agency while collaborating 
     with and leveraging the contributions of other key 
     stakeholders; and
       (C) utilize open and streamlined solicitations to allow for 
     the participation of a wide range of implementing partners 
     through the most appropriate procurement mechanisms, which 
     may include grants, contracts, cooperative agreements, and 
     other instruments as necessary and appropriate.

     SEC. 207. STRATEGY AND REPORTS.

       (a) Strategy.--The United States Coordinator for Global 
     Health Security (appointed under section 205(a)) shall 
     coordinate the development and implementation of a strategy 
     to implement the policy aims described in section 203, which 
     shall--
       (1) set specific and measurable goals, benchmarks, 
     timetables, performance metrics, and monitoring and 
     evaluation plans that reflect international best practices 
     relating to transparency, accountability, and global health 
     security;
       (2) support and be aligned with country-owned global health 
     security policy and investment plans developed with input 
     from key stakeholders, as appropriate;
       (3) facilitate communication and collaboration, as 
     appropriate, among local stakeholders in support of a multi-
     sectoral approach to global health security;
       (4) support the long-term success of programs by building 
     the capacity of local organizations and institutions in 
     target countries and communities;
       (5) develop community resilience to infectious disease 
     threats and emergencies;
       (6) leverage resources and expertise through partnerships 
     with the private sector, health organizations, civil society, 
     nongovernmental organizations, and health research and 
     academic institutions; and
       (7) support collaboration, as appropriate, between United 
     States universities, and public and private institutions in 
     target countries and communities to promote health security 
     and innovation.
       (b) Coordination.--The President, acting through the United 
     States Coordinator for Global Health Security, shall 
     coordinate, through a whole-of-government approach, the 
     efforts of relevant Federal departments and agencies in the 
     implementation of the strategy required under subsection (a) 
     by--
       (1) establishing monitoring and evaluation systems, 
     coherence, and coordination across relevant Federal 
     departments and agencies; and
       (2) establishing platforms for regular consultation and 
     collaboration with key stakeholders and the appropriate 
     congressional committees.
       (c) Strategy Submission.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this division, the President, in 
     consultation with the head of each relevant Federal 
     department and agency, shall submit to the appropriate 
     congressional committees the strategy required under 
     subsection (a) that provides a detailed description of how 
     the United States intends to advance the policy set forth in 
     section 203 and the agency-specific plans described in 
     paragraph (2).
       (2) Agency-specific plans.--The strategy required under 
     subsection (a) shall include specific implementation plans 
     from each relevant Federal department and agency that 
     describes--
       (A) the anticipated contributions of the department or 
     agency, including technical, financial, and in-kind 
     contributions, to implement the strategy; and
       (B) the efforts of the department or agency to ensure that 
     the activities and programs carried out pursuant to the 
     strategy are designed to achieve maximum impact and long-term 
     sustainability.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date on 
     which the strategy required under subsection (a) is submitted 
     to the appropriate congressional committees under subsection 
     (c), and not later than October 1 of each year thereafter, 
     the President shall submit to the appropriate congressional 
     committees a report that describes the status of the 
     implementation of the strategy.
       (2) Contents.--The report required under paragraph (1) 
     shall--
       (A) identify any substantial changes made in the strategy 
     during the preceding calendar year;
       (B) describe the progress made in implementing the 
     strategy;
       (C) identify the indicators used to establish benchmarks 
     and measure results over time, as well as the mechanisms for 
     reporting such results in an open and transparent manner;
       (D) contain a transparent, open, and detailed accounting of 
     expenditures by relevant Federal departments and agencies to 
     implement the strategy, including, to the extent practicable, 
     for each Federal department and agency, the statutory source 
     of expenditures, amounts expended, partners, targeted 
     populations, and types of activities supported;
       (E) describe how the strategy leverages other United States 
     global health and development assistance programs;
       (F) assess efforts to coordinate United States global 
     health security programs, activities, and initiatives with 
     key stakeholders;
       (G) incorporate a plan for regularly reviewing and updating 
     strategies, partnerships, and programs and sharing lessons 
     learned with a wide range of stakeholders, including key 
     stakeholders, in an open, transparent manner; and
       (H) describe the progress achieved and challenges 
     concerning the United States Government's ability to advance 
     the Global Health Security Agenda across priority countries, 
     including data disaggregated by priority country using 
     indicators that are consistent on a year-to-year basis and 
     recommendations to resolve, mitigate, or otherwise address 
     the challenges identified therein.
       (e) Form.--The strategy required under subsection (a) and 
     the report required under subsection (d) shall be submitted 
     in unclassified form but may contain a classified annex.

     SEC. 208. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND 
                   ACCOUNTABILITY ACT OF 2016.

       Section 2(3) of the Foreign Aid Transparency and 
     Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 
     2394c note) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) the Global Health Security Act of 2020.''.

     SEC. 209. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (2) Global health security.--The term ``global health 
     security'' means activities supporting epidemic and pandemic 
     preparedness and capabilities at the country and global 
     levels in order to minimize vulnerability to acute public 
     health events that can endanger the health of populations 
     across geographical regions and international boundaries.

     SEC. 210. SUNSET.

       This title (other than section 205), and the amendments 
     made by this title, shall cease to be effective on December 
     31, 2024.

             TITLE III--SECURING AMERICA FROM EPIDEMICS ACT

     SEC. 301. FINDINGS.

       Congress finds the following:
       (1) Due to increasing population and population density, 
     human mobility, and ecological change, emerging infectious 
     diseases pose a real and growing threat to global health 
     security.
       (2) While vaccines can be the most effective tools to 
     protect against infectious disease, the absence of vaccines 
     for a new or emerging infectious disease with epidemic 
     potential is a major health security threat globally, posing 
     catastrophic potential human and economic costs.
       (3) The 1918 influenza pandemic infected 500,000,000 
     people, or about one-third of the world's population at the 
     time, and killed 50,000,000 people--more than died in the 
     First World War.
       (4) The economic cost of an outbreak can be devastating. 
     The estimated global cost today, should an outbreak of the 
     scale of the 1918 influenza pandemic strike, is 5 percent of 
     global gross domestic product.
       (5) Even regional outbreaks can have enormous human costs 
     and substantially disrupt the global economy and cripple 
     regional economies. The 2014 Ebola outbreak in West Africa 
     killed more than 11,000 and cost $2,800,000,000 in losses in 
     the affected countries alone.
       (6) The ongoing novel coronavirus outbreak reflects the 
     pressing need for quick and effective vaccine and 
     countermeasure development.
       (7) While the need for vaccines to address emerging 
     epidemic threats is acute, markets to drive the necessary 
     development of vaccines to address them--a complex and 
     expensive undertaking--are very often critically absent. Also 
     absent are mechanisms to ensure access to those vaccines by 
     those who need them when they need them.
       (8) To address this global vulnerability and the deficit of 
     political commitment, institutional capacity, and funding, in 
     2017, several countries and private partners launched the 
     Coalition for Epidemic Preparedness Innovations (CEPI).

[[Page H5405]]

     CEPI's mission is to stimulate, finance, and coordinate 
     development of vaccines for high-priority, epidemic-potential 
     threats in cases where traditional markets do not exist or 
     cannot create sufficient demand.
       (9) Through funding of partnerships, CEPI seeks to bring 
     priority vaccines candidates through the end of phase II 
     clinical trials, as well as support vaccine platforms that 
     can be rapidly deployed against emerging pathogens.
       (10) CEPI has funded multiple partners to develop vaccine 
     candidates against the novel coronavirus, responding to this 
     urgent, global requirement.
       (11) Support for and participation in CEPI is an important 
     part of the United States own health security and biodefense 
     and is in the national interest, complementing the work of 
     many Federal agencies and providing significant value through 
     global partnership and burden-sharing.

     SEC. 302. AUTHORIZATION FOR UNITED STATES PARTICIPATION.

       (a) In General.--The United States is hereby authorized to 
     participate in the Coalition for Epidemic Preparedness 
     Innovations.
       (b) Board of Directors.--The Administrator of the United 
     States Agency for International Development is authorized to 
     designate an employee of such Agency to serve on the 
     Investors Council of the Coalition for Epidemic Preparedness 
     Innovations as a representative of the United States.
       (c) Reports to Congress.--Not later than 180 days after the 
     date of the enactment of this division, the President shall 
     submit to the appropriate congressional committees a report 
     that includes the following:
       (1) The United States planned contributions to the 
     Coalition for Epidemic Preparedness Innovations and the 
     mechanisms for United States participation in such Coalition.
       (2) The manner and extent to which the United States shall 
     participate in the governance of the Coalition.
       (3) How participation in the Coalition supports relevant 
     United States Government strategies and programs in health 
     security and biodefense, to include--
       (A) the Global Health Security Strategy required by section 
     7058(c)(3) of division K of the Consolidated Appropriations 
     Act, 2018 (Public Law 115-141);
       (B) the applicable revision of the National Biodefense 
     Strategy required by section 1086 of the National Defense 
     Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and
       (C) any other relevant decision-making process for policy, 
     planning, and spending in global health security, biodefense, 
     or vaccine and medical countermeasures research and 
     development.
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.

                     DIVISION T--JUDICIARY MATTERS

                      TITLE I--IMMIGRATION MATTERS

     SEC. 101. EXTENSION OF FILING AND OTHER DEADLINES.

       (a) New Deadlines for Extension or Change of Status or 
     Other Benefits.--
       (1) Filing delays.--In the case of an alien who was 
     lawfully present in the United States on January 26, 2020, 
     the alien's application for an extension or change of 
     nonimmigrant status, application for renewal of employment 
     authorization, or any other application for extension or 
     renewal of a period of authorized stay, shall be considered 
     timely filed if the due date of the application is within the 
     period described in subsection (d) and the application is 
     filed not later than 60 days after it otherwise would have 
     been due.
       (2) Departure delays.--In the case of an alien who was 
     lawfully present in the United States on January 26, 2020, 
     the alien shall not be considered to be unlawfully present in 
     the United States during the period described in subsection 
     (d).
       (3) Specific authority.--
       (A) In general.--With respect to any alien whose 
     immigration status, employment authorization, or other 
     authorized period of stay has expired or will expire during 
     the period described in subsection (d), during the one-year 
     period beginning on the date of the enactment of this title, 
     or during both such periods, the Secretary of Homeland 
     Security shall automatically extend such status, 
     authorization, or period of stay until the date that is 90 
     days after the last day of whichever of such periods ends 
     later.
       (B) Exception.--If the status, authorization, or period of 
     stay referred to in subparagraph (A) is based on a grant of 
     deferred action, or a grant of temporary protected status 
     under section 244 of the Immigration and Nationality Act (8 
     U.S.C. 1254a), the extension under such subparagraph shall be 
     for a period not less than the period for which deferred 
     action or temporary protected status originally was granted 
     by the Secretary of Homeland Security.
       (b) Immigrant Visas.--
       (1) Extension of visa expiration.--Notwithstanding the 
     limitations under section 221(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(c)), in the case of any 
     immigrant visa issued to an alien that expires or expired 
     during the period described in subsection (d), the period of 
     validity of the visa is extended until the date that is 90 
     days after the end of such period.
       (2) Rollover of unused visas.--
       (A) In general.--For fiscal years 2021 and 2022, the 
     worldwide level of family-sponsored immigrants under 
     subsection (c) of section 201 of the Immigration and 
     Nationality Act (8 U.S.C. 1151), the worldwide level of 
     employment-based immigrants under subsection (d) of such 
     section, and the worldwide level of diversity immigrants 
     under subsection (e) of such section shall each be increased 
     by the number computed under subparagraph (B) with respect to 
     each of such worldwide levels.
       (B) Computation of increase.--For each of the worldwide 
     levels described in subparagraph (A), the number computed 
     under this subparagraph is the difference (if any) between 
     the worldwide level established for the previous fiscal year 
     under the applicable subsection of section 201 of the 
     Immigration and Nationality Act (8 U.S.C. 1151) and the 
     number of visas that were, during the previous fiscal year, 
     issued and used as the basis for an application for admission 
     into the United States as an immigrant described in the 
     applicable subsection.
       (C) Clarifications.--
       (i) Allocation among preference categories.--The additional 
     visas made available for fiscal years 2021 and 2022 as a 
     result of the computations made under subparagraphs (A) and 
     (B) shall be proportionally allocated as set forth in 
     subsections (a), (b), and (c) of section 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1153).
       (ii) Elimination of fall across.--For fiscal years 2021 and 
     2022, the number computed under subsection (c)(3)(C) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), and the number computed under subsection (d)(2)(C) of 
     such section, are deemed to equal zero.
       (iii) Diversity visas.--The additional visas made available 
     for fiscal year 2021 for the worldwide level of diversity 
     immigrants under subsection (e) of section 201 of the 
     Immigration and Nationality Act (8 U.S.C. 1151) as a result 
     of the computations made under subparagraphs (A) and (B) 
     shall be first made available to diversity immigrants 
     selected in the lottery for fiscal year 2020.
       (c) Voluntary Departure.--Notwithstanding section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c), if a 
     period for voluntary departure under such section expires or 
     expired during the period described in subsection (d), such 
     voluntary departure period is extended until the date that is 
     90 days after the end of such period.
       (d) Period Described.--The period described in this 
     subsection--
       (1) begins on the first day of the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19; and
       (2) ends 90 days after the date on which such public health 
     emergency terminates.

     SEC. 102. TEMPORARY ACCOMMODATIONS FOR NATURALIZATION OATH 
                   CEREMONIES DUE TO PUBLIC HEALTH EMERGENCY.

       (a) Remote Oath Ceremonies.--Not later than 30 days after 
     the date of the enactment of this title, the Secretary of 
     Homeland Security shall establish procedures for the 
     administration of the oath of renunciation and allegiance 
     under section 337 of the Immigration and Nationality Act (8 
     U.S.C. 1448) using remote videoconferencing, or other remote 
     means for individuals who cannot reasonably access remote 
     videoconferencing, as an alternative to an in-person oath 
     ceremony.
       (b) Eligible Individuals.--Notwithstanding section 310(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1421(b)), an 
     individual may complete the naturalization process by 
     participating in a remote oath ceremony conducted pursuant to 
     subsection (a) if such individual--
       (1) has an approved application for naturalization;
       (2) is unable otherwise to complete the naturalization 
     process due to the cancellation or suspension of in-person 
     oath ceremonies during the public health emergency declared 
     by the Secretary of Health and Human Services under section 
     319 of the Public Health Service Act (42 U.S.C. 247d) with 
     respect to COVID-19; and
       (3) elects to participate in a remote oath ceremony in lieu 
     of waiting for in-person ceremonies to resume.
       (c) Additional Requirements.--Upon establishing the 
     procedures described in subsection (a), the Secretary of 
     Homeland Security shall--
       (1) without undue delay, provide written notice to 
     individuals described in subsection (b)(1) of the option of 
     participating in a remote oath ceremony in lieu of a 
     participating in an in-person ceremony;
       (2) to the greatest extent practicable, ensure that remote 
     oath ceremonies are administered to individuals who elect to 
     participate in such a ceremony not later than 30 days after 
     the individual so notifies the Secretary; and
       (3) administer oath ceremonies to all other eligible 
     individuals as expeditiously as possible after the end of the 
     public health emergency referred to in subsection (b)(2).
       (d) Availability of Remote Option.--The Secretary of 
     Homeland Security shall begin administering remote oath 
     ceremonies on the date that is 60 days after the date of the 
     enactment of this title and shall continue administering such 
     ceremonies until a date that is not earlier than 90 days 
     after the end of the public health emergency referred to in 
     subsection (b)(2).
       (e) Clarification.--Failure to appear for a remote oath 
     ceremony shall not create a presumption that the individual 
     has abandoned his or her intent to be naturalized.
       (f) Report to Congress.--Not later than 180 days after the 
     end of the public health emergency referred to in subsection 
     (b)(2), the Secretary of Homeland Security shall submit a 
     report to Congress that identifies, for each State and 
     political subdivision of a State, the number of--
       (1) individuals who were scheduled for an in-person oath 
     ceremony that was cancelled due to such public health 
     emergency;
       (2) individuals who were provided written notice pursuant 
     to subsection (c)(1) of the option of participating in a 
     remote oath ceremony;

[[Page H5406]]

       (3) individuals who elected to participate in a remote oath 
     ceremony in lieu of an in-person public ceremony;
       (4) individuals who completed the naturalization process by 
     participating in a remote oath ceremony; and
       (5) remote oath ceremonies that were conducted within the 
     period described in subsection (d).

     SEC. 103. TEMPORARY PROTECTIONS FOR ESSENTIAL CRITICAL 
                   INFRASTRUCTURE WORKERS.

       (a) Protections for Essential Critical Infrastructure 
     Workers.--During the period described in subsection (e), an 
     alien described in subsection (d) shall be deemed to be in a 
     period of deferred action and authorized for employment for 
     purposes of section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a).
       (b) Employer Protections.--During the period described in 
     subsection (e), the hiring, employment, or continued 
     employment of an alien described in subsection (d) is not a 
     violation of section 274A(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(a)).
       (c) Clarification.--Nothing in this section shall be deemed 
     to require an alien described in subsection (d), or such 
     alien's employer--
       (1) to submit an application for employment authorization 
     or deferred action, or register with, or pay a fee to, the 
     Secretary of Homeland Security or the head of any other 
     Federal agency; or
       (2) to appear before an agent of the Department of Homeland 
     Security or any other Federal agency for an interview, 
     examination, or any other purpose.
       (d) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) on the date of the enactment of this title--
       (A) is physically present in the United States; and
       (B) is inadmissible to, or deportable from, the United 
     States; and
       (2) engaged in essential critical infrastructure labor or 
     services in the United States prior to the period described 
     in subsection (e) and continues to engage in such labor or 
     services during such period.
       (e) Period Described.--The period described in this 
     subsection--
       (1) begins on the first day of the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19; and
       (2) ends 90 days after the date on which such public health 
     emergency terminates.
       (f) Essential Critical Infrastructure Labor or Services.--
     For purposes of this section, the term ``essential critical 
     infrastructure labor or services'' means labor or services 
     performed in an essential critical infrastructure sector, as 
     described in the ``Advisory Memorandum on Identification of 
     Essential Critical Infrastructure Workers During COVID-19 
     Response'', revised by the Department of Homeland Security on 
     April 17, 2020.

     SEC. 104. SUPPLEMENTING THE COVID RESPONSE WORKFORCE.

       (a) Expedited Green Cards for Certain Physicians in the 
     United States.--
       (1) In general.--During the period described in paragraph 
     (3), an alien described in paragraph (2) may apply to acquire 
     the status of an alien lawfully admitted to the United States 
     for permanent residence consistent with section 201(b)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)).
       (2) Alien described.--An alien described in this paragraph 
     is an alien physician (and the spouse and children of such 
     alien) who--
       (A) has an approved immigrant visa petition under section 
     203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)(2)(B)(ii)) and has completed the service 
     requirements for a waiver under such section on or before the 
     date of the enactment of this title; and
       (B) provides a statement to the Secretary of Homeland 
     Security attesting that the alien is engaged in or will 
     engage in the practice of medicine or medical research 
     involving the diagnosis, treatment, or prevention of COVID-
     19.
       (3) Period described.--The period described in this 
     paragraph is the period beginning on the date of the 
     enactment of this title and ending 180 days after the 
     termination of the public health emergency declared by the 
     Secretary of Health and Human Services under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d), with respect 
     to COVID-19.
       (b) Expedited Processing of Nonimmigrant Petitions and 
     Applications.--
       (1) In general.--In accordance with the procedures 
     described in paragraph (2), the Secretary of Homeland 
     Security shall expedite the processing of applications and 
     petitions seeking employment or classification of an alien as 
     a nonimmigrant to practice medicine, provide healthcare, 
     engage in medical research, or participate in a graduate 
     medical education or training program involving the 
     diagnosis, treatment, or prevention of COVID-19.
       (2) Applications or petitions for new employment or change 
     of status.--
       (A) Initial review.--Not later than 15 days after the 
     Secretary of Homeland Security receives an application or 
     petition for new employment or change of status described in 
     paragraph (1), the Secretary shall conduct an initial review 
     of such application or petition and, if additional evidence 
     is required, shall issue a request for evidence.
       (B) Decision.--
       (i) In general.--The Secretary of Homeland Security shall 
     issue a final decision on an application or petition 
     described in paragraph (1) not later than 30 days after 
     receipt of such application or petition, or, if a request for 
     evidence is issued, not later than 15 days after the 
     Secretary receives the applicant or petitioner's response to 
     such request.
       (ii) E-mail.--In addition to delivery through regular mail 
     services, decisions described in clause (i) shall be 
     transmitted to the applicant or petitioner via electronic 
     mail, if the applicant or petitioner provides the Secretary 
     of Homeland Security with an electronic mail address.
       (3) Termination.--This subsection shall take effect on the 
     date of the enactment of this title and shall cease to be 
     effective on the date that is 180 days after the termination 
     of the public health emergency declared by the Secretary of 
     Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d), with respect to COVID-
     19.
       (c) Emergency Visa Processing.--
       (1) Visa processing.--
       (A) In general.--The Secretary of State shall prioritize 
     the processing of applications submitted by aliens who are 
     seeking a visa based on an approved nonimmigrant petition to 
     practice medicine, provide healthcare, engage in medical 
     research, or participate in a graduate medical education or 
     training program involving the diagnosis, treatment, or 
     prevention of COVID-19.
       (B) Interview.--
       (i) In general.--The Secretary of State shall ensure that 
     visa appointments are scheduled for aliens described in 
     subparagraph (A) not later than 7 business days after the 
     alien requests such an appointment.
       (ii) Suspension of routine visa services.--If routine visa 
     services are unavailable in the alien's home country--

       (I) the U.S. embassy or consulate in the alien's home 
     country shall--

       (aa) conduct the visa interview with the alien via video-
     teleconferencing technology; or
       (bb) grant an emergency visa appointment to the alien not 
     later than 10 business days after the alien requests such an 
     appointment; or

       (II) the alien may seek a visa appointment at any other 
     U.S. embassy or consulate where routine visa services are 
     available, and such embassy or consulate shall make every 
     reasonable effort to provide the alien with an appointment 
     within 10 business days after the alien requests such an 
     appointment.

       (2) Interview waivers.--Except as provided in section 
     222(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1202(h)(2)), the Secretary of State shall waive the interview 
     of any alien seeking a nonimmigrant visa based on an approved 
     petition described in paragraph (1)(A), if--
       (A) such alien is applying for a visa--
       (i) not more than 3 years after the date on which such 
     alien's prior visa expired;
       (ii) in the visa classification for which such prior visa 
     was issued; and
       (iii) at a consular post located in the alien's country of 
     residence or, if otherwise required by regulation, country of 
     nationality; and
       (B) the consular officer has no indication that such alien 
     has failed to comply with the immigration laws and 
     regulations of the United States.
       (3) Termination.--This subsection shall take effect on the 
     date of the enactment of this title and shall cease to be 
     effective on the date that is 180 days after the termination 
     of 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. 274d), with respect to COVID-
     19.
       (d) Improving Mobility of Nonimmigrant Covid-19 Workers.--
       (1) Licensure.--Notwithstanding section 212(j)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(j)(2)), for 
     the period described in paragraph (6), the Secretary of 
     Homeland Security may approve a petition for classification 
     as a nonimmigrant described under section 101(a)(15)(H)(i)(b) 
     of such Act, filed on behalf of a physician for purposes of 
     performing direct patient care if such physician possesses a 
     license or other authorization required by the State of 
     intended employment to practice medicine, or is eligible for 
     a waiver of such requirement pursuant to an executive order, 
     emergency rule, or other action taken by the State to modify 
     or suspend regular licensing requirements in response to the 
     COVID-19 public health emergency.
       (2) Temporary limitations on amended h-1b petitions.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall not require an 
     employer of a nonimmigrant alien described in section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(i)(b)) to file an amended or new 
     petition under section 214(a) of such Act (8 U.S.C. 1184(a)) 
     if upon transferring such alien to a new area of employment, 
     the alien will practice medicine, provide healthcare, or 
     engage in medical research involving the diagnosis, 
     treatment, or prevention of COVID-19.
       (B) Clarification on telemedicine.--Nothing in the 
     Immigration and Nationality Act or any other provision of law 
     shall be construed to require an employer of a nonimmigrant 
     alien described in section 101(a)(15)(H)(i)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(i)(b)) to file an amended or new petition 
     under section 214(a) of such Act (8 U.S.C. 1184(a)) if the 
     alien is a physician or other healthcare worker who will 
     provide remote patient care through the use of real-time 
     audio-video communication tools to consult with patients and 
     other technologies to collect, analyze, and transmit medical 
     data and images.
       (3) Permissible work activities for j-1 physicians.--
       (A) In general.--Notwithstanding any other provision of 
     law, the diagnosis, treatment, or prevention of COVID-19 
     shall be considered an integral part of a graduate medical 
     education or training program and a nonimmigrant described in 
     section 101(a)(15)(J) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(J)) who is participating in such a 
     program--

[[Page H5407]]

       (i) may be redeployed to a new rotation within the host 
     training institution as needed to engage in COVID-19 work; 
     and
       (ii) may receive compensation for such work.
       (B) Other permissible employment activities.--A 
     nonimmigrant described in section 101(a)(15)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) who 
     is participating in a graduate medical education or training 
     program may engage in work outside the scope of the approved 
     program, if--
       (i) the work involves the diagnosis, treatment, or 
     prevention of COVID-19;
       (ii) the alien has maintained lawful nonimmigrant status 
     and has otherwise complied with the terms of the education or 
     training program; and
       (iii) the program sponsor approves the additional work by 
     annotating the nonimmigrant's Certificate of Eligibility for 
     Exchange Visitor (J-1) Status (Form DS-2019) and notifying 
     the Immigration and Customs Enforcement Student and Exchange 
     Visitor Program of the approval of such work.
       (C) Clarification on telemedicine.--Section 214(l)(1)(D) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) 
     may be satisfied through the provision of care to patients 
     located in areas designated by the Secretary of Health and 
     Human Services as having a shortage of health care 
     professionals, through the physician's use of real-time 
     audio-video communication tools to consult with patients and 
     other technologies to collect, analyze, and transmit medical 
     data and images.
       (4) Portability of o-1 nonimmigrants.--A nonimmigrant who 
     was previously issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(O)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)), 
     and is seeking an extension of such status, is authorized to 
     accept new employment under the terms and conditions 
     described in section 214(n) of such Act (8 U.S.C. 1184(n)).
       (5) Increasing the ability of physicians to change 
     nonimmigrant status.--
       (A) Change of nonimmigrant classification.--Section 248(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1184(l)), is 
     amended--
       (i) in paragraph (1), by inserting ``and'' after the comma 
     at the end;
       (ii) by striking paragraphs (2) and (3); and
       (iii) by redesignating paragraph (4) as paragraph (2).
       (B) Admission of nonimmigrants.--Section 214(l)(2)(A) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) 
     is amended by striking ``Notwithstanding section 248(a)(2), 
     the'' and inserting ``The''.
       (6) Termination.--This subsection shall take effect on the 
     date of the enactment of this title and except as provided in 
     paragraphs (2)(B), (3)(C), (4), and (5), shall cease to be 
     effective on that date that is 180 days after the termination 
     of the public health emergency declared by the Secretary of 
     Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d), with respect to COVID-
     19.
       (e) Conrad 30 Program.--
       (1) Permanent authorization.--Section 220(c) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (Public Law 103-416; 8 U.S.C. 1182 note) is amended by 
     striking ``and before September 30, 2015''.
       (2) Admission of nonimmigrants.--Section 214(l) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(l)), is 
     amended--
       (A) in paragraph (1)(B)--
       (i) by striking ``30'' and inserting ``35''; and
       (ii) by inserting ``, except as provided in paragraph (4)'' 
     before the semicolon at the end; and
       (B) by adding at the end the following:
       ``(4) Adjustment in waiver numbers.--
       ``(A) Increases.--
       ``(i) In general.--Except as provided in clause (ii), if in 
     any fiscal year, not less than 90 percent of the waivers 
     provided under paragraph (1)(B) are utilized by States 
     receiving at least 5 such waivers, the number of such waivers 
     allotted to each State shall increase by 5 for each 
     subsequent fiscal year.
       ``(ii) Exception.--If 45 or more waivers are allotted to 
     States in any fiscal year, an increase of 5 waivers in 
     subsequent fiscal years shall be provided only in the case 
     that not less than 95 percent of such waivers are utilized by 
     States receiving at least 1 waiver.
       ``(B) Decreases.--If in any fiscal year in which there was 
     an increase in waivers, the total number of waivers utilized 
     is 5 percent lower than in the previous fiscal year, the 
     number of such waivers allotted to each State shall decrease 
     by 5 for each subsequent fiscal year, except that in no case 
     shall the number of waivers allotted to each State drop below 
     35.''.
       (f) Temporary Portability for Physicians and Critical 
     Healthcare Workers in Response to Covid-19 Public Health 
     Emergency.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this title, the Secretary of Homeland 
     Security, in consultation with the Secretary of Labor and the 
     Secretary of Health and Human Services, shall establish 
     emergency procedures to provide employment authorization to 
     aliens described in paragraph (2), for purposes of 
     facilitating the temporary deployment of such aliens to 
     practice medicine, provide healthcare, or engage in medical 
     research involving the diagnosis, treatment, or prevention of 
     COVID-19.
       (2) Aliens described.--An alien described in this paragraph 
     is an alien who is--
       (A) physically present in the United States;
       (B) maintaining lawful nonimmigrant status that authorizes 
     employment with a specific employer incident to such status; 
     and
       (C) working in the United States in a healthcare occupation 
     essential to COVID-19 response, as determined by the 
     Secretary of Health and Human Services.
       (3) Employment authorization.--
       (A) Application.--
       (i) In general.--The Secretary of Homeland Security may 
     grant employment authorization to an alien described in 
     paragraph (2) if such alien submits an Application for 
     Employment Authorization (Form I-765 or any successor form), 
     which shall include--

       (I) evidence of the alien's current nonimmigrant status;
       (II) copies of the alien's academic degrees and any 
     licenses, credentials, or other documentation confirming 
     authorization to practice in the alien's occupation; and
       (III) any other evidence determined necessary by the 
     Secretary of Homeland Security to establish by a 
     preponderance of the evidence that the alien meets the 
     requirements of paragraph (2).

       (ii) Conversion of pending applications.--The Secretary of 
     Homeland Security shall establish procedures for the 
     adjudication of any employment authorization applications for 
     aliens described in paragraph (2) that are pending on the 
     date of the enactment of this title, and the issuance of 
     employment authorization documents in connection with such 
     applications in accordance with the terms and conditions of 
     this subsection, upon request by the applicant.
       (B) Fees.--The Secretary of Homeland Security shall collect 
     a fee for the processing of applications for employment 
     authorization as provided under this paragraph.
       (C) Request for evidence.--If all required initial evidence 
     has been submitted under this subsection but such evidence 
     does not establish eligibility, the Secretary of Homeland 
     Security shall issue a request for evidence not later than 15 
     days after receipt of the application for employment 
     authorization.
       (D) Decision.--The Secretary of Homeland Security shall 
     issue a final decision on an application for employment 
     authorization under this subsection not later than 30 days 
     after receipt of such application, or, if a request for 
     evidence is issued, not later than 15 days after the 
     Secretary receives the alien's response to such request.
       (E) Employment authorization card.--An employment 
     authorization document issued under this subsection shall--
       (i) be valid for a period of not less than 1 year;
       (ii) include the annotation ``COVID-19''; and
       (iii) notwithstanding any other provision of law, allow the 
     bearer of such document to engage in employment during its 
     validity period, with any United States employer to perform 
     services described in paragraph (1).
       (F) Renewal.--Subject to paragraph (5), the Secretary of 
     Homeland Security may renew an employment authorization 
     document issued under this subsection in accordance with 
     procedures established by the Secretary.
       (G) Clarifications.--
       (i) Maintenance of status.--Notwithstanding a reduction in 
     hours or cessation of work with the employer that petitioned 
     for the alien's underlying nonimmigrant status, an alien 
     granted employment authorization under this subsection, and 
     the spouse and children of such alien shall, for the period 
     of such authorization, be deemed--

       (I) to be lawfully present in the United States; and
       (II) to have continuously maintained the alien's underlying 
     nonimmigrant status for purposes of an extension of such 
     status, a change of nonimmigrant status under section 248 of 
     the Immigration and Nationality Act (8 U.S.C. 1258), or 
     adjustment of status under section 245 of such Act (8 U.S.C. 
     1255).

       (ii) Limitations.--An employment authorization document 
     described in subparagraph (E) may not be--

       (I) utilized by the alien to engage in any employment other 
     than that which is described in paragraph (1); or
       (II) accepted by an employer as evidence of authorization 
     under section 274A(b)(1)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)(1)(C)), to engage in 
     employment other than that which is described in paragraph 
     (1).

       (4) Treatment of time spent engaging in covid-19-related 
     work.--Notwithstanding any other provision of law, time spent 
     by an alien physician engaged in direct patient care 
     involving the diagnosis, treatment, or prevention of COVID-19 
     shall count towards--
       (A) the 5 years that an alien is required to work as a 
     full-time physician for purposes of a national interest 
     waiver under section 203(b)(2)(B)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and
       (B) the 3 years that an alien is required to work as a 
     full-time physician for purposes of a waiver of the 2-year 
     foreign residence requirement under section 212(e) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(e)), as 
     provided in section 214(l) of such Act (8 U.S.C. 1184(l)).
       (5) Extension or termination.--The procedures described in 
     paragraph (1) shall take effect on the date that is 30 days 
     after the date of the enactment of this title and shall 
     remain in effect until 180 days after the termination of the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d), with respect to COVID-19.
       (g) Special Immigrant Status for Nonimmigrant Covid-19 
     Workers and Their Families.--
       (1) In general.--The Secretary of Homeland Security may 
     grant a petition for special immigrant classification to an 
     alien described in paragraph (2) (and the spouse and children 
     of such alien) if the alien files a petition for special 
     immigrant status under section 204 of the Immigration and 
     Nationality Act (8 U.S.C. 1154) for classification under 
     section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)).
       (2) Aliens described.--An alien is described in this 
     paragraph if, during the period beginning on the date that 
     the COVID-19 public

[[Page H5408]]

     health emergency was declared by the Secretary of Health and 
     Human Services under section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) and ending 180 days after the 
     termination of such emergency, the alien was--
       (A) authorized for employment in the United States and 
     maintaining a nonimmigrant status; and
       (B) engaged in the practice of medicine, provision of 
     healthcare services, or medical research involving the 
     diagnosis, treatment, or prevention of COVID-19 disease.
       (3) Priority date.--Subject to paragraph (5), immigrant 
     visas under paragraph (1) shall be made available to aliens 
     in the order in which a petition on behalf of each such alien 
     is filed with the Secretary of Homeland Security, except that 
     an alien shall maintain any priority date that was assigned 
     with respect to an immigrant visa petition or application for 
     labor certification that was previously filed on behalf of 
     such alien.
       (4) Protections for surviving spouses and children.--
       (A) Surviving spouses and children.--Notwithstanding the 
     death of an alien described in paragraph (2), the Secretary 
     of State may approve an application for an immigrant visa, 
     and the Secretary of Homeland Security may approve an 
     application for adjustment of status to lawful permanent 
     resident, filed by or on behalf of a spouse or child of such 
     alien.
       (B) Age-out protection.--For purposes of an application for 
     an immigrant visa or adjustment of status filed by or on 
     behalf of a child of an alien described in paragraph (2), the 
     determination of whether the child satisfies the age 
     requirement under section 101(b)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)(1)) shall be made using the 
     age of the child on the date the immigrant visa petition 
     under paragraph (1) was approved.
       (C) Continuation of nonimmigrant status.--A spouse or child 
     of an alien described in paragraph (2) shall be considered to 
     have maintained lawful nonimmigrant status until the earlier 
     of the date--
       (i) on which the Secretary of Homeland Security accepts for 
     filing, an application for adjustment of status based on a 
     petition described in paragraph (1); or
       (ii) that is 2 years after the date of the principal 
     nonimmigrant's death.
       (5) Numerical limitations.--
       (A) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this 
     subsection may not exceed 4,000 per year for each of the 3 
     fiscal years beginning after the date of the enactment of 
     this title.
       (B) Exclusion from numerical limitations.--Aliens provided 
     special immigrant status under this subsection shall not be 
     counted against any numerical limitations under section 
     201(d), 202(a), or 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d), 1152(a), or 1153(b)(4)).
       (C) Carry forward.--If the numerical limitation specified 
     in subparagraph (A) is not reached during a given fiscal year 
     referred to in such subparagraph, the numerical limitation 
     specified in such subparagraph for the following fiscal year 
     shall be increased by a number equal to the difference 
     between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant status under this subsection during the given 
     fiscal year.

     SEC. 105. ICE DETENTION.

       (a) Reviewing Ice Detention.--During the public health 
     emergency declared by the Secretary of Health and Human 
     Services under section 319 of the Public Health Service Act 
     (42 U.S.C. 247d) with respect to COVID-19, the Secretary of 
     Homeland Security shall review the immigration files of all 
     individuals in the custody of U.S. Immigration and Customs 
     Enforcement to assess the need for continued detention. The 
     Secretary of Homeland Security shall prioritize for release 
     on recognizance or alternatives to detention individuals who 
     are not subject to mandatory detention laws, unless the 
     individual is a threat to public safety or national security.
       (b) Access to Electronic Communications and Hygiene 
     Products.--During the period described in subsection (c), the 
     Secretary of Homeland Security shall ensure that--
       (1) all individuals in the custody of U.S. Immigration and 
     Customs Enforcement--
       (A) have access to telephonic or video communication at no 
     cost to the detained individual;
       (B) have access to free, unmonitored telephone calls, at 
     any time, to contact attorneys or legal service providers in 
     a sufficiently private space to protect confidentiality;
       (C) are permitted to receive legal correspondence by fax or 
     email rather than postal mail; and
       (D) are provided sufficient soap, hand sanitizer, and other 
     hygiene products; and
       (2) nonprofit organizations providing legal orientation 
     programming or know-your-rights programming to individuals in 
     the custody of U.S. Immigration and Customs Enforcement are 
     permitted broad and flexible access to such individuals--
       (A) to provide group presentations using remote 
     videoconferencing; and
       (B) to schedule and provide individual orientations using 
     free telephone calls or remote videoconferencing.
       (c) Period Described.--The period described in this 
     subsection--
       (1) begins on the first day of the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19; and
       (2) ends 90 days after the date on which such public health 
     emergency terminates.

     SEC. 106. CONDITION ON FURLOUGH.

       U.S. Citizenship and Immigration Services may not furlough 
     any employee in any pay period in fiscal year 2021 if the 
     agency has sufficient available balances for compensation for 
     such employee during such pay period.

     SEC. 107. LIMITATION ON USE OF FUNDS BY OTHER AGENCIES.

       Notwithstanding any other provision of law, none of the 
     funds deposited into the Immigration Examinations Fee Account 
     pursuant to subsection (m) or (u) of section 286 of the 
     Immigration and Nationality Act (8 U.S.C. 1356), may be made 
     available to any other Federal agency for such other agency's 
     purpose, unless such funds were made available to such agency 
     for such purpose in fiscal year 2019.

     SEC. 108. CHIEF FINANCIAL OFFICER.

       (a) Report to Director.--The Chief Financial Officer of 
     U.S. Citizenship and Immigration Services shall report to the 
     Director of U.S. Citizenship and Immigration Services.
       (b) Required Consultation.--Prior to implementing any 
     substantive change to a policy, program, or process, the 
     Director of U.S. Citizenship and Immigration Services shall 
     consider the impact of such change on the agency's revenue, 
     expenditures, and reserve funding in consultation with the 
     agency's Chief Financial Officer.

     SEC. 109. INDEPENDENT VERIFICATION AND VALIDATION REVIEW.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of U.S. Citizenship and Immigration 
     Services shall submit to the Committees on the Judiciary of 
     the House of Representatives and the Senate, and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the results and recommendations of an 
     Independent Verification and Validation review of each model 
     used by the agency to inform adjustments of fees charged for 
     the adjudication of immigration and citizenship benefit 
     requests.

     SEC. 110. REPORTING REQUIREMENT.

       (a) In General.--In addition to the requirements of section 
     286(o) of the Immigration and Nationality Act (8 U.S.C. 
     1356(o)), the Secretary of Homeland Security shall prepare a 
     report on the fiscal status of U.S. Citizenship and 
     Immigration Services that includes the following, 
     disaggregated by funding source--
       (1) the annual operating plan broken out by directorate and 
     program office within such agency, which shall include 
     obligations and current year expenditures for the preceding 
     quarter, along with projected obligations and expenditures 
     for the current quarter and the subsequent quarters;
       (2) fee receipts for each form type for the preceding 
     quarter and estimates of such receipts for the current and 
     subsequent quarter;
       (3) other agency expenses, including payments or transfers 
     to other Federal agencies and general operating expenses;
       (4) the percentage of revenue generated from premium 
     processing receipts used for the adjudication of non-premium 
     benefit applications;
       (5) carryover or reserve funding projections, obligations, 
     and expenditures;
       (6) productivity measurement data, by form type, 
     directorate, and program office, measured against baseline 
     capacity and workload volumes;
       (7) the impact on such measurement data from changes in 
     personnel, technology usage, or processes;
       (8) processing times by program office and directorate, 
     disaggregated by form type; and
       (9) backlogs by form type, including petitions for family- 
     and employment-based immigration benefits and for asylum and 
     other humanitarian protections.
       (b) Review.--The report required in subsection (a) shall 
     be--
       (1) validated and reviewed by the Chief Financial Officer 
     of the Department of Homeland Security; and
       (2) submitted to the Committees on the Judiciary of the 
     Senate and the House of Representatives and the Committees on 
     Appropriations of the Senate and the House of Representatives 
     not later than 90 days after the date of enactment of this 
     Act and every 180 days thereafter.
       (c) Public Availability.--The information described in 
     paragraphs (6) through (9) of subsection (a) shall also be 
     made available not later than 15 days after the end of each 
     fiscal quarter on a publicly available website.
       (d) Revenue Earnings Report.--Not later than 60 days after 
     the date of enactment of this Act and updated monthly 
     thereafter, the Director of U.S. Citizenship and Immigration 
     Services shall publish on a publicly available website in a 
     downloadable, searchable, and sortable format a revenue 
     earnings report that includes data beginning October 1, 2009, 
     which shall be disaggregated by month and revenue source.
       (e) Independent Review.--The Comptroller General of the 
     United States shall conduct an independent review of the 
     first report submitted pursuant to subsection (b) and shall 
     examine the circumstances that led to fiscal situation for 
     U.S. Citizenship and Immigration Services for the fiscal 
     years 2017 through 2020.

                      TITLE II--PRISONS AND JAILS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Pandemic Justice Response 
     Act''.

     SEC. 202. EMERGENCY COMMUNITY SUPERVISION ACT.

       (a) Findings.--Congress finds the following:
       (1) As of the date of introduction of this Act, the novel 
     coronavirus has spread to all 50 States, the District of 
     Columbia, and at least 4 territories.
       (2) As of September 27, 2020, more than 7,119,400 people in 
     the United States had been infected with the coronavirus and 
     at least 204,400 had died.
       (3) Although the United States has less than 5 percent of 
     the world's population, the United

[[Page H5409]]

     States holds approximately 21 percent of the world's 
     prisoners and leads the world in the number of individuals 
     incarcerated, with nearly 2,200,000 people incarcerated in 
     State and Federal prisons and local jails.
       (4) Studies have shown that individuals age out of crime 
     starting around 25 years of age, and released individuals 
     over the age of 50 have a very low recidivism rate.
       (5) According to public health experts, incarcerated 
     individuals are particularly vulnerable to being gravely 
     impacted by the novel corona virus pandemic because--
       (A) they have higher rates of underlying health issues than 
     members of the general public, including higher rates of 
     respiratory disease, heart disease, diabetes, obesity, HIV/
     AIDS, substance abuse, hepatitis, and other conditions that 
     suppress immune response; and
       (B) the close conditions and lack of access to hygiene 
     products in prisons make these institutions unusually 
     susceptible to viral pandemics.
       (6) The spread of communicable disease in the United States 
     generally constitutes a serious, heightened threat to the 
     safety of incarcerated individuals, and there is a serious 
     threat to the general public that prisons may become 
     incubators of community spread of communicable viral disease.
       (b) Definitions.--In this section:
       (1) Covered health condition.--The term ``covered health 
     condition'' with respect to an individual, means the 
     individual--
       (A) is pregnant;
       (B) has chronic lung disease or asthma;
       (C) has congestive heart failure or coronary artery 
     disease;
       (D) has diabetes;
       (E) has a neurological condition that weakens the ability 
     to cough or breathe;
       (F) has HIV;
       (G) has sickle cell anemia;
       (H) has cancer; or
       (I) has a weakened immune system.
       (2) Covered individual.--The term ``covered individual''--
       (A) means an individual who--
       (i) is a juvenile (as defined in section 5031 of title 18, 
     United States Code);
       (ii) is 50 years of age or older;
       (iii) has a covered health condition; or
       (iv) is within 12 months of release from incarceration; and
       (B) includes an individual described in subparagraph (A) 
     who is serving a term of imprisonment for an offense 
     committed before November 1, 1987, or who is serving a term 
     of imprisonment in the custody of the Bureau of Prisons for a 
     sentence imposed pursuant to a conviction for a criminal 
     offense under the laws of the District of Columbia.
       (3) National emergency relating to a communicable 
     disease.--The term ``national emergency relating to a 
     communicable disease'' means--
       (A) an emergency involving Federal primary responsibility 
     determined to exist by the President under the section 501(b) 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191(b)) with respect to a 
     communicable disease; or
       (B) a national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
     respect to a communicable disease.
       (c) Placement of Certain Individuals in Community 
     Supervision.--
       (1) Authority.--Except as provided in paragraph (2), 
     beginning on the date on which a national emergency relating 
     to a communicable disease is declared and ending on the date 
     that is 60 days after such national emergency expires or is 
     terminated--
       (A) notwithstanding any other provision of law, the 
     Director of the Bureau of Prisons shall place in community 
     supervision all covered individuals who are in the custody of 
     the Bureau of Prisons; and
       (B) the district court of the United States for each 
     judicial district shall place in community supervision all 
     covered individuals who are in the custody and care of the 
     United States Marshals Service.
       (2) Exceptions.--
       (A) Bureau of prisons.--In carrying out paragraph (1)(A), 
     the Director--
       (i) may not place in community supervision any individual 
     determined, by clear and convincing evidence, taking into 
     account the individual's offense of conviction, to be likely 
     to pose a specific and substantial risk of causing bodily 
     injury to or using violent force against the person of 
     another;
       (ii) shall place in the file of each individual described 
     in clause (i) documentation of such determination, including 
     the evidence used to make the determination; and
       (iii) not later than 180 days after the date on which the 
     national emergency relating to a communicable disease 
     expires, shall provide a report to Congress documenting--

       (I) the demographic data (including race, gender, age, 
     offense of conviction, and criminal history level) of the 
     individuals denied placement in community supervision under 
     clause (i); and
       (II) the justification for the denials described in 
     subclause (I).

       (B) District courts.--In carrying out paragraph (1)(B), 
     each district court of the United States--
       (i) shall conduct an immediate and expedited review of the 
     detention orders of all covered individuals in the custody 
     and care of the United States Marshals Service, which may be 
     conducted sua sponte and ex parte, without--

       (I) appearance by the defendant or any party; or
       (II) requiring a petition, motion, or other similar 
     document to be filed;

       (ii) may not place in community supervision any individual 
     if the court determines, after a hearing and the attorney for 
     the Government shows by clear and convincing evidence based 
     on individualized facts, that detention is necessary because 
     the individual's release will pose a specific and substantial 
     risk that the individual will cause bodily injury or use 
     violent force against the person of another and that no 
     conditions of release will reasonably mitigate that risk;
       (iii) in carrying out clauses (i) and (ii), may--

       (I) rely on evidence presented in prior court proceedings; 
     and
       (II) if the court determines it necessary, request 
     additional information from the parties to make the 
     determination.

       (3) Limitation on community supervision placement.--In 
     placing covered individuals into community supervision under 
     this section, the Director of the Bureau of Prisons and the 
     district court of the United States for each judicial 
     district shall take into account and prioritize placements 
     that enable adequate social distancing, which include home 
     confinement or other forms of low in-person-contact 
     supervised release.
       (d) Limitation on Pre-trial Detention.--
       (1) No bond conditions on release.--Notwithstanding section 
     3142 of title 18, United States Code, beginning on the date 
     on which a national emergency relating to a communicable 
     disease is declared and ending on the date that is 60 days 
     after such national emergency expires or is terminated, in 
     imposing conditions of release, the judicial officer may not 
     require payment of cash bail, proof of ability to pay an 
     unsecured bond, execution of a bail bond, a solvent surety to 
     co-sign a secured or unsecured bond, or posting of real 
     property.
       (2) Limitation.--
       (A) In general.--Beginning on the date on which a national 
     emergency relating to a communicable disease is declared and 
     ending on the date that is 60 days after such national 
     emergency expires or is terminated, at any initial appearance 
     hearing, detention hearing, hearing on a motion for pretrial 
     release, or any other hearing where the attorney for the 
     Government is seeking the detention or continued detention of 
     any individual, the judicial officer shall order the pretrial 
     release of the individual on personal recognizance or on a 
     condition or combination of conditions under section 3142(c) 
     of title 18, United States Code, unless the attorney for the 
     Government shows by clear and convincing evidence based on 
     individualized facts that detention is necessary because the 
     individual's release will pose a specific and substantial 
     risk that the individual will cause bodily injury or use 
     violent force against the person of another and that no 
     conditions of release will reasonably mitigate that risk.
       (B) Required consideration of certain factors.--If the 
     judicial officer finds that the attorney for the Government 
     has made the requisite showing under subparagraph (A), the 
     judicial officer shall take into consideration, in 
     determining whether detention is necessary--
       (i) whether the individual's age or medical condition 
     renders them especially vulnerable; and
       (ii) whether detention will compromise the individual's 
     access to adequate medical treatment, access to medications, 
     or ability to privately consult with counsel and meaningfully 
     prepare a defense.
       (C) Juveniles.--
       (i) In general.--Beginning on the date on which a national 
     emergency relating to a communicable disease is declared and 
     ending on the date that is 60 days after such national 
     emergency expires or is terminated, notwithstanding sections 
     5031 through 5035 of title 18, United States Code, and except 
     as provided under clause (ii), in the case of a juvenile 
     alleged to have committed an act of juvenile delinquency, the 
     judicial officer shall release the juvenile to their parent, 
     guardian, custodian, or other responsible party (including 
     the director of a shelter-care facility) upon their promise 
     to bring such juvenile before the appropriate court when 
     requested by the judicial officer.
       (ii) Exception.--A juvenile alleged to have committed an 
     act of juvenile delinquency may be detained pending trial 
     only if, at a hearing at which the juvenile is represented by 
     counsel, the attorney for the Government shows by clear and 
     convincing evidence based on individualized facts that 
     detention is necessary because the juvenile's release will 
     pose a specific and substantial risk that the juvenile will 
     use violent force against a reasonably identifiable person 
     and that no conditions of release will reasonably mitigate 
     that risk, except that in no case may a judicial officer 
     order the detention of a juvenile if it will compromise the 
     juvenile's access to adequate medical treatment, access to 
     medications, or ability to privately consult with counsel and 
     meaningfully prepare a defense.
       (iii) Least restrictive detention.--In the case that the 
     judicial officer orders the detention of a juvenile under 
     clause (ii), the judicial officer shall order the detention 
     of the juvenile in the least restrictive and safest 
     environment possible, taking the national emergency relating 
     to a communicable disease into consideration.
       (iv) Contents of detention order.--In the case that the 
     judicial officer orders the detention of a juvenile under 
     clause (ii), the judicial officer shall issue a written 
     detention order that includes--

       (I) findings of fact;
       (II) the reasons for the detention;
       (III) a description of the risk identified under clause 
     (ii);
       (IV) an explanation of why no conditions will reasonably 
     mitigate the risk identified under clause (ii);
       (V) a statement that detention will not compromise the 
     juvenile's access to adequate medical treatment, access to 
     medications, or ability to privately consult with counsel and 
     meaningfully prepare a defense; and
       (VI) a statement establishing that the detention 
     environment is the least restrictive and

[[Page H5410]]

     safest possible in accordance with the requirement under 
     clause (iii).

       (e) Limitation on Supervised Release.--Beginning on the 
     date on which a national emergency relating to a communicable 
     disease is declared and ending on the date that is 60 days 
     after such national emergency expires, the Office of 
     Probation and Pretrial Services of the Administrative Office 
     of the United States Courts shall take measures to prevent 
     the spread of the communicable disease among individuals 
     under supervision by--
       (1) suspending the requirement that individuals determined 
     to be a lower risk of reoffending, or any other individuals 
     determined to be appropriate by the supervising probation 
     officer, report in person to their probation or parole 
     officer;
       (2) identifying individuals who have successfully completed 
     not less than 18 months of supervision and transferring such 
     individuals to administrative supervision or petitioning the 
     court to terminate supervision, as appropriate; and
       (3) suspending the request for detention and imprisonment 
     as a sanction for violations of probation, supervised 
     release, or parole.
       (f) Prohibition.--No individual who is granted placement in 
     community supervision, termination of supervision, placement 
     on administrative supervision, or pre-trial release shall be 
     re-incarcerated, placed on supervision or active supervision, 
     or ordered detained pre-trial only as a result of the 
     expiration of the national emergency relating to a 
     communicable disease.
       (g) Prohibition on Technical Violations and Certain 
     Mandatory Revocations of Probation or Supervised Release.--
       (1) Resentencing in cases of probation and supervised 
     release.--
       (A) In general.--Beginning on the date on which a national 
     emergency relating to a communicable disease is declared and 
     ending on the date that is 60 days after such national 
     emergency expires, and notwithstanding section 3582(b) of 
     title 18, United States Code, a court shall order the 
     resentencing of a defendant who is serving a term of 
     imprisonment resulting from a revocation of probation, or 
     supervised release for a Grade C violation for conduct under 
     section 7B1.1(c)(3)(B) of the United States Sentencing 
     Guidelines, upon motion of the defendant.
       (B) Resentencing.--The court shall order the resentencing 
     of a defendant described in subparagraph (A) as follows:
       (i) In the case of a revoked sentence of probation, the 
     court shall resentence the defendant to probation, the 
     duration of which shall be equal to the period of time 
     remaining on the term of probation originally imposed at the 
     time the defendant was most recently placed in custody, 
     unless the court determines that decreasing the length of the 
     term of probation is in the interest of justice.
       (ii) In the case of a revoked term of supervised release, 
     the court shall continue the defendant on supervised release, 
     the duration of which shall be equal to the period of time 
     the defendant had remaining on supervised release when the 
     defendant was most recently placed in custody, unless the 
     court determines that decreasing the term of supervised 
     release is in the interest of justice.
       (2) Resentencing in cases of parole.--
       (A) In general.--Beginning on the date on which a national 
     emergency relating to a communicable disease is declared and 
     ending on the date that is 60 days after such national 
     emergency expires, the court shall order the resentencing of 
     a defendant who is serving a term of imprisonment resulting 
     from a technical violation of the defendant's parole.
       (B) Resentencing.--The court shall resentence the defendant 
     to parole, the duration of which shall be equal to the period 
     of time remaining on the defendant's term of parole at the 
     time the defendant was most recently placed in custody, 
     unless the court determines that decreasing the length of the 
     term of parole is in the interest of justice.
       (3) Hearing.--The court may grant, but not deny, a motion 
     without a hearing under this section.
       (4) No mandatory revocation.--
       (A) In general.--Beginning on the date on which a national 
     emergency relating to a communicable disease is declared and 
     ending on the date that is 60 days after such national 
     emergency expires, a court is not required to revoke a 
     defendant's probation or supervised release under sections 
     3565(b) and 3583(g) of title 18, United States Code, based on 
     a finding that the defendant refused to comply with drug 
     treatment.
       (B) Dissemination of policy change.--Not later than 10 days 
     after the date of enactment of this title, the Judicial 
     Conference of the United States shall issue and disseminate 
     to all district courts of the United States a temporary 
     policy change suspending mandatory revocation of probation or 
     supervised release for refusal to comply with drug testing.
       (5) Prompt determination.--Any motion under this subsection 
     shall be determined promptly.
       (6) Counsel.--To effectuate the purposes of this 
     subsection, counsel shall be appointed as early as possible 
     to represent any indigent defendant.
       (7) Definitions.--In this subsection, the term 
     ``defendant'' includes individuals adjudicated delinquent 
     under the Federal Juvenile Delinquency Act and applies to 
     persons serving time in official detention for a revocation 
     of juvenile probation or supervised release.

     SEC. 203. COURT AUTHORITY TO REDUCE SENTENCES AND TEMPORARY 
                   RELEASE AUTHORITY FOR NON-VIOLENT OFFENDERS.

       (a) Court Authority to Reduce Sentences.--
       (1) In general.--Notwithstanding section 3582 of title 18, 
     United States Code, the court shall, during the covered 
     emergency period, upon motion of a covered individual (as 
     such term is defined in section 202(b)) or on the court's own 
     motion, reduce a term of imposed imprisonment on that 
     individual, unless the government shows, by clear and 
     convincing evidence, that the individual poses a risk of 
     serious, imminent injury to a reasonably identifiable person.
       (2) Sentence reduction deemed authorized.--Any sentence 
     that is reduced under this subsection is deemed to be 
     authorized under section 3582(c)(1)(B) of title 18, United 
     States Code.
       (3) Rule of construction.--In addition to the reduction of 
     sentences authorized under this subsection, the court may 
     continue to reduce and modify sentences under section 3582 of 
     title 18, United States Code, during the covered emergency 
     period.
       (4) Special rule.--During the covered emergency period, a 
     covered individual who is serving a term of imprisonment for 
     an offense committed before November 1, 1987, who would not 
     otherwise be eligible to file a motion under section 
     3582(c)(1)(A) of title 18, United States Code, is eligible to 
     file such a motion and for relief under such section. Any 
     motion for relief filed in accordance with this paragraph 
     before the expiration or termination of the covered emergency 
     period shall not disqualify such motion based solely on such 
     expiration or termination.
       (b) Court Authority to Authorize Temporary Release of 
     Persons Awaiting Designation or Transportation to a Bureau of 
     Prisons Facility.--Notwithstanding sections 3582 and 3621 of 
     title 18, United States Code, during the covered emergency 
     period, the court, upon motion of an individual (including 
     individuals adjudicated delinquent under the Federal Juvenile 
     Delinquency Act) awaiting designation or transportation to a 
     Bureau of Prisons or other facility for service of sentence 
     or official detention, or on the court's own motion, may, 
     taking into account the individual's offense of conviction or 
     adjudication, order the temporary release of the individual, 
     for a limited period ending not later than the expiration or 
     termination of the COVID-19 emergency, if such release is for 
     the purpose of avoiding or mitigating the risks associated 
     with imprisonment during the covered emergency period, either 
     generally with respect to the individual's place of 
     imprisonment or specifically with respect to the individual.
       (c) Hearing Requirement.--The court may grant, but not 
     deny, a motion without a hearing under this section. Any 
     motion under this section shall be determined promptly.
       (d) Effective Representation During National Emergency.--
       (1) Access to court.--During the covered emergency period, 
     any procedural requirement under section 3582(c)(1)(A) of 
     title 18, United States Code, that would delay a defendant 
     from directly petitioning the court shall not apply, and the 
     defendant may petition the court directly for relief.
       (2) Appointment of counsel.--The court shall appoint 
     counsel for indigent defendants or prisoners, at no cost to 
     the defendant or prisoner, as early as possible to effectuate 
     the purposes of this section and the purposes of section 
     3582(c)(1)(A) of title 18, United States Code.
       (3) Access to medical records.--
       (A) In general.--In order to expedite proceedings under 
     this section and proceedings under 3582(c)(1)(A) of title 18, 
     United States Code, during the covered emergency period, the 
     Director of the Bureau of Prisons shall promptly release all 
     medical records in the possession of the Bureau of Prisons to 
     a prisoner who requests them on their own behalf, or to the 
     counsel of record for a prisoner upon submission to the court 
     of an affidavit, signed by such counsel under penalty of 
     perjury, that such counsel has reason to believe that the 
     prisoner has a covered health condition (as such term is 
     defined in section 202(b)) or a condition that would entitle 
     them to relief under section 3582(c)(1)(A) of title 18, 
     United States Code.
       (B) Individuals in the custody of the u.s. marshals 
     service.--In order to expedite proceedings under this 
     section, in the case of an individual who is in the custody 
     or care of the U.S. Marshals Service, the Director of the 
     U.S. Marshals Service shall facilitate the provision of any 
     medical records of the individual to the individual or the 
     counsel of record of the individual, upon request of the 
     individual or counsel.

     SEC. 204. EXEMPTION FROM EXHAUSTING ADMINISTRATIVE REMEDIES 
                   DURING COVERED EMERGENCY PERIOD.

       Section 7 of the Civil Rights of Institutionalized Persons 
     Act (42 U.S.C. 1997e) is amended by adding at the end the 
     following:
       ``(i) Covered Emergency Period.--
       ``(1) Relief without exhausting administrative remedies.--
     Notwithstanding the other provisions of this section, during 
     the covered emergency period, a prisoner may commence, 
     without exhausting all administrative remedies, an action 
     relating to conditions of imprisonment under which the 
     prisoner is at significant risk of harm or under which the 
     prisoner's access to counsel has been impaired. If the court 
     determines the prisoner is reasonably likely to prevail, the 
     court may order such appropriate relief, limited in time and 
     scope, as may be necessary to prevent or remedy the 
     significant risk of harm or provide access to counsel.
       ``(2) Retaliation prohibited.--Section 6 shall apply in the 
     case of retaliation against a prisoner who files an 
     administrative claim or lawsuit during the covered emergency 
     period or attempts to so file.
       ``(3) Definitions.--For purposes of this subsection, the 
     term `covered emergency period' has the meaning given the 
     term in section 12003 of the CARES Act (Public Law 116-
     136).''.

[[Page H5411]]

  


     SEC. 205. INCREASING AVAILABILITY OF HOME DETENTION FOR NON-
                   VIOLENT ELDERLY OFFENDERS.

       (a) Good Conduct Time Credits for Certain Elderly 
     Nonviolent Offenders.--Section 231(g)(5)(A)(ii) of the Second 
     Chance Act of 2007 (34 U.S.C. 60541(g)(5)(A)(ii)) is amended 
     by striking ``to which the offender was sentenced'' and 
     inserting ``reduced by any credit toward the service of the 
     prisoner's sentence awarded under section 3624(b) of title 
     18, United States Code''.
       (b) Increasing Eligibility for Home Detention for Certain 
     Elderly Nonviolent Offenders.--During the covered emergency 
     period an offender who is in the custody of the Bureau of 
     Prisons, including pursuant to a conviction for a criminal 
     offense under the laws of the District of Columbia, shall be 
     considered an eligible elderly offender under section 231(g) 
     of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) if the 
     offender--
       (1) is not less than 50 years of age;
       (2) has served 1/2 of the term of imprisonment reduced by 
     any credit toward the service of the prisoner's sentence 
     awarded under section 3624(b) of title 18, United States 
     Code; and
       (3) is otherwise described in such section 231(g)(5)(A).

     SEC. 206. EFFECTIVE ASSISTANCE OF COUNSEL IN THE DIGITAL ERA 
                   ACT.

       (a) Prohibition on Monitoring.--Not later than 180 days 
     after the date of the enactment of this title, the Attorney 
     General shall create a program or system, or modify any 
     program or system that exists on the date of enactment of 
     this title, through which an incarcerated person sends or 
     receives an electronic communication, to exclude from 
     monitoring the contents of any privileged electronic 
     communication. In the case that the Attorney General creates 
     a program or system in accordance with this subsection, the 
     Attorney General shall, upon implementing such system, 
     discontinue using any program or system that exists on the 
     date of enactment of this title through which an incarcerated 
     person sends or receives a privileged electronic 
     communication, except that any program or system that exists 
     on such date may continue to be used for any other electronic 
     communication.
       (b) Retention of Contents.--A program or system or a 
     modification to a program or system under subsection (a) may 
     allow for retention by the Bureau of Prisons of, and access 
     by an incarcerated person to, the contents of electronic 
     communications, including the contents of privileged 
     electronic communications, of the person until the date on 
     which the person is released from prison.
       (c) Attorney-client Privilege.--Attorney-client privilege, 
     and the protections and limitations associated with such 
     privilege (including the crime fraud exception), applies to 
     electronic communications sent or received through the 
     program or system established or modified under subsection 
     (a).
       (d) Accessing Retained Contents.--Contents retained under 
     subsection (b) may only be accessed by a person other than 
     the incarcerated person for whom such contents are retained 
     under the following circumstances:
       (1) Attorney general.--The Attorney General may only access 
     retained contents if necessary for the purpose of creating 
     and maintaining the program or system, or any modification to 
     the program or system, through which an incarcerated person 
     sends or receives electronic communications. The Attorney 
     General may not review retained contents that are accessed 
     pursuant to this paragraph.
       (2) Investigative and law enforcement officers.--
       (A) Warrant.--
       (i) In general.--Retained contents may only be accessed by 
     an investigative or law enforcement officer pursuant to a 
     warrant issued by a court pursuant to the procedures 
     described in the Federal Rules of Criminal Procedure.
       (ii) Approval.--No application for a warrant may be made to 
     a court without the express approval of a United States 
     Attorney or an Assistant Attorney General.
       (B) Privileged information.--
       (i) Review.--Before retained contents may be accessed 
     pursuant to a warrant obtained under subparagraph (A), such 
     contents shall be reviewed by a United States Attorney to 
     ensure that privileged electronic communications are not 
     accessible.
       (ii) Barring participation.--A United States Attorney who 
     reviews retained contents pursuant to clause (i) shall be 
     barred from--

       (I) participating in a legal proceeding in which an 
     individual who sent or received an electronic communication 
     from which such contents are retained under subsection (b) is 
     a defendant; or
       (II) sharing the retained contents with an attorney who is 
     participating in such a legal proceeding.

       (3) Motion to suppress.--In a case in which retained 
     contents have been accessed in violation of this subsection, 
     a court may suppress evidence obtained or derived from access 
     to such contents upon motion of the defendant.
       (e) Definitions.--In this section--
       (1) the term ``agent of an attorney or legal 
     representative'' means any person employed by or contracting 
     with an attorney or legal representative, including law 
     clerks, interns, investigators, paraprofessionals, and 
     administrative staff;
       (2) the term ``contents'' has the meaning given such term 
     in 2510 of title 18, United States Code;
       (3) the term ``electronic communication'' has the meaning 
     given such term in section 2510 of title 18, United States 
     Code, and includes the Trust Fund Limited Inmate Computer 
     System;
       (4) the term ``monitoring'' means accessing the contents of 
     an electronic communication at any time after such 
     communication is sent;
       (5) the term ``incarcerated person'' means any individual 
     in the custody of the Bureau of Prisons or the United States 
     Marshals Service who has been charged with or convicted of an 
     offense against the United States, including such an 
     individual who is imprisoned in a State institution; and
       (6) the term ``privileged electronic communication'' 
     means--
       (A) any electronic communication between an incarcerated 
     person and a potential, current, or former attorney or legal 
     representative of such a person; and
       (B) any electronic communication between an incarcerated 
     person and the agent of an attorney or legal representative 
     described in subparagraph (A).

     SEC. 207. COVID-19 CORRECTIONAL FACILITY EMERGENCY RESPONSE 
                   ACT OF 2020.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the 
     end the following:

      ``PART OO--PANDEMIC CORRECTIONAL FACILITY EMERGENCY RESPONSE

     ``SEC. 3061. FINDINGS; PURPOSES.

       ``(a) Immediate Release of Vulnerable and Low-risk 
     Individuals.--The purpose of the grant program under section 
     3062 is to provide for the testing, initiation and transfer 
     to treatment in the community, and provision of services in 
     the community, by States and units of local government as 
     they relate to preventing, detecting, and stopping the spread 
     of COVID-19 in correctional facilities.
       ``(b) Pretrial Citation and Release.--
       ``(1) Findings.--Congress finds as follows:
       ``(A) With the dramatic growth in pretrial detention 
     resulting in county and city correctional facilities 
     regularly exceeding capacity, such correctional facilities 
     may serve to rapidly increase the spread of COVID-19, as 
     facilities that hold large numbers of individuals in 
     congregant living situations may promote the spread of COVID-
     19.
       ``(B) While individuals arrested and processed at local 
     correctional facilities may only be held for hours or days, 
     exposure to large number of individuals in holding cells and 
     courtrooms promotes the spread of COVID-19.
       ``(C) Pretrial detainees and individuals in correctional 
     facilities are then later released into the community having 
     being exposed to COVID-19.
       ``(2) Purpose.--The purpose of the grant program under 
     section 3065 is to substantially increase the use of risk-
     based citation release for all individuals who do not present 
     a public safety risk.

     ``SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND LOW-RISK 
                   INDIVIDUALS.

       ``(a) Authorization.--The Attorney General shall carry out 
     a grant program to make grants to States and units of local 
     government that operate correctional facilities, to establish 
     and implement policies and procedures to prevent, detect, and 
     stop the presence and spread of COVID-19 among arrestees, 
     detainees, inmates, correctional facility staff, and visitors 
     to the facilities.
       ``(b) Program Eligibility.--
       ``(1) In general.--Eligible applicants under this section 
     are States and units of local government that release or have 
     a plan to release the persons described in paragraph (2) from 
     custody in order to ensure that, not later than 90 days after 
     enactment of this section, the total population of arrestees, 
     detainees, and inmates at a correctional facility does not 
     exceed the number established under subsection (c).
       ``(2) Persons described.--A person described in this 
     paragraph is a person who, taking into account the person's 
     offense of conviction--
       ``(A) does not pose a risk of serious, imminent injury to a 
     reasonably identifiable person; or
       ``(B) is--
       ``(i) 50 years of age or older;
       ``(ii) a juvenile;
       ``(iii) an individual with serious chronic medical 
     conditions, including heart disease, cancer, diabetes, HIV, 
     sickle cell anemia, a neurological disease that interferes 
     with the ability to cough or breathe, chronic lung disease, 
     asthma, or respiratory illness;
       ``(iv) a pregnant woman;
       ``(v) an individual who is immunocompromised or has a 
     weakened immune system; or
       ``(vi) an individual who has a health condition or 
     disability that makes them vulnerable to COVID-19.
       ``(c) Target Correctional Population.--
       ``(1) Target population.--An eligible applicant shall 
     establish individualized, facility-specific target capacities 
     at each correction facility that will receive funds under 
     this section that reflect the maximum number of individuals 
     who may be incarcerated safely in accordance with the Centers 
     for Disease Control and Prevention guidelines for 
     correctional facilities pertaining to COVID-19, with 
     consideration given to Centers for Disease Control and 
     Prevention guidelines pertaining to community-based physical 
     distancing, hygiene, and sanitation. A correctional facility 
     receiving funds under this section may not use isolation in a 
     punitive or non-medical manner as a way of achieving specific 
     target capacities established under this paragraph.
       ``(2) Certification.--An eligible applicant shall include 
     in its application for a grant under this section a 
     certification by a public health professional who is 
     certified in epidemiology or infectious diseases that each 
     correctional facility that will receive funds under this 
     section in its jurisdiction meets the appropriate target 
     capacity standard established under paragraph (1).
       ``(d) Authorized Uses.--Funds awarded pursuant to this 
     section shall be used by grantees (including acting through 
     nonprofit entities) to--
       ``(1) test all arrestees, detainees, and inmates, and 
     initiate treatment for COVID-19, and transfer such an 
     individual for an appropriate treatment at external medical 
     facility, as needed;

[[Page H5412]]

       ``(2) test for COVID-19--
       ``(A) correctional facility staff;
       ``(B) volunteers;
       ``(C) visitors, including family members and attorneys;
       ``(D) court personnel that have regular contact with 
     arrestees, detainees, and inmates;
       ``(E) law enforcement officers who transport arrestees, 
     detainees, and inmates; and
       ``(F) personnel outside the correctional facility who 
     provide medical treatment to arrestees, detainees, and 
     inmates;
       ``(3) curtail booking and in-facility processing for 
     individuals who have committed technical parole or probation 
     violations; and
       ``(4) provide transition and reentry support services to 
     individuals released pursuant to this section, including 
     programs that--
       ``(A) increase access to and participation in reentry 
     services;
       ``(B) promote a reduction in recidivism rates;
       ``(C) facilitate engagement in educational programs, job 
     training, or employment;
       ``(D) place reentering individuals in safe and sanitary 
     temporary transitional housing;
       ``(E) facilitate the enrollment of reentering individuals 
     with a history of substance use disorder in medication-
     assisted treatment and a referral to overdose prevention 
     services, mental health services, or other medical services; 
     and
       ``(F) facilitate family reunification or support services, 
     as needed.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated $500,000,000 to carry out this section and 
     section 3065 for each of fiscal years 2020 and 2021.

     ``SEC. 3063. JUVENILE SPECIFIC SERVICES.

       ``(a) In General.--The Attorney General, acting through the 
     Administrator of the Office Juvenile Justice and Delinquency 
     Prevention, consistent with section 261 of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 
     11171), is authorized to make grants to States and units of 
     local government or combinations thereof to assist them in 
     planning, establishing, operating, coordinating, and 
     evaluating projects directly, or through grants and contracts 
     with public and private agencies and nonprofit entities (as 
     such term is defined under section 408(5)(A) of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 
     11296(5)(A))), for the development of more effective 
     education, training, research, prevention, diversion, 
     treatment, and rehabilitation programs in the area of 
     juvenile delinquency and programs to improve the juvenile 
     justice system, consistent with subsection (b).
       ``(b) Use of Grant Funds.--Grants under this section shall 
     be used for the exclusive purpose of providing juvenile 
     specific services that--
       ``(1) provide rapid mass testing for COVID-19 in juvenile 
     facilities, notification of the results of such tests to 
     juveniles and authorized family members or legal guardians, 
     and include policies and procedures for non-punitive 
     quarantine that does not involve solitary confinement, and 
     provide for examination by a doctor for any juvenile who 
     tests positive for COVID-19;
       ``(2) examine all pre- and post-adjudication release 
     processes and mechanisms applicable to juveniles and begin 
     employing these as quickly as possible;
       ``(3) provide juveniles in out of home placements with 
     continued access to appropriate education;
       ``(4) provide juveniles with access to legal counsel 
     through confidential visits or teleconferencing;
       ``(5) provide staff and juveniles with appropriate personal 
     protective equipment, hand washing facilities, toiletries, 
     and medical care to reduce the spread of the virus;
       ``(6) provide juveniles with frequent and no cost calls 
     home to parents, legal guardians, and other family members;
       ``(7) advance policies and procedures for juvenile 
     delinquency program proceedings (including court proceedings) 
     and probation conditions so that in-person reporting 
     requirements for juveniles are replaced with virtual or 
     telephonic appearances without penalty;
       ``(8) expand opportunities for juveniles to participate in 
     community based services and social services through 
     videoconferencing or teleconferencing; or
       ``(9) place a moratorium on all requirements for juveniles 
     to attend and pay for court and probation-ordered programs, 
     community service, and labor, that violate any applicable 
     social distancing or stay at home order.
     Each element described in paragraph (1) through (9) shall be 
     trauma-informed, reflect the science of adolescent 
     development, and be designed to meet the needs of at-risk 
     juveniles and juveniles who come into contact with the 
     justice system.
       ``(c) Definitions.--Terms used in this section have the 
     meanings given such terms in the Juvenile Justice and 
     Delinquency Prevention Act of 1974. The term `juvenile' has 
     the meaning given such term in section 1809 of this Act.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $75,000,000 for 
     each of fiscal years 2020 and 2021.

     ``SEC. 3064. RAPID COVID-19 TESTING.

       ``(a) In General.--The Attorney General shall make grants 
     to grantees under section 3062 for the exclusive purpose of 
     providing for rapid COVID-19 testing of arrestees, detainees, 
     and inmates who are exiting the custody of a correctional 
     facility prior to returning to the community.
       ``(b) Use of Funds.--Grants provided under this section may 
     be used for any of the following:
       ``(1) Purchasing or leasing medical devices authorized by 
     the U.S. Food and Drug Administration to detect COVID-19 that 
     produce results in less than one hour.
       ``(2) Purchasing or securing COVID-19 testing supplies and 
     personal protective equipment used by the correctional 
     facility to perform such tests.
       ``(3) Contracting with medical providers to administer such 
     tests.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2020 and 2021.

     ``SEC. 3065. PRETRIAL CITATION AND RELEASE.

       ``(a) Authorization.--The Attorney General shall make 
     grants under this section to eligible applicants for the 
     purposes set forth in section 3061(b)(2).
       ``(b) Program Eligibility.--Eligible applicants under this 
     section are States and units of local government that 
     implement or continue operation of a program described in 
     subsection (c)(1) and not fewer than 2 of the other programs 
     enumerated in such subsection.
       ``(c) Use of Grant Funds.--A grantee shall use amounts 
     provided as a grant under this section for programs that 
     provide for the following:
       ``(1) Adopting and operating a cite-and-release process for 
     individuals who are suspected of committing misdemeanor and 
     felony offenses and who do not pose a risk of serious, 
     imminent injury to a reasonably identifiable person.
       ``(2) Curtailing booking and in-facility processing for 
     individuals who have committed technical parole or probation 
     violations.
       ``(3) Ensuring that defense counsel is appointed at the 
     earliest hearing that could result in pretrial detention so 
     that low-risk defendants are not unnecessarily further 
     exposed to COVID-19.
       ``(4) Establishing early review of charges by an 
     experienced prosecutor, so only arrestees and detainees who 
     will be charged are detained.
       ``(5) Providing appropriate victims' services supports and 
     safety-focused residential accommodations for victims and 
     community members who have questions or concerns about 
     releases described in this subsection.

     ``SEC. 3066. REPORT.

       ``(a) In General.--Not later than 6 months after the date 
     on which grants are initially made under this part, and 
     biannually thereafter during the grant period, the Attorney 
     General shall submit to Congress a report on the program, 
     which shall include--
       ``(1) the number of grants made, the number of grantees, 
     and the amount of funding distributed to each grantee 
     pursuant to this part;
       ``(2) the location of each correctional facility where 
     activities are carried out using grant amounts;
       ``(3) the number of persons in the custody of correctional 
     facilities where activities are carried out using grant 
     amounts, including incarcerated persons released on parole, 
     community supervision, good time or early release, clemency 
     or commutation, as a result of the national emergency under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.) 
     declared by the President with respect to the Coronavirus 
     Disease 2019 (`COVID-19'), disaggregated by type of offense, 
     age, race, sex, and ethnicity; and
       ``(4) for each facility receiving funds under section 
     3062--
       ``(A) the total number of tests for COVID-19 performed;
       ``(B) the results of such COVID-19 tests (confirmed 
     positive or negative);
       ``(C) the total number of probable COVID-19 infections;
       ``(D) the total number of COVID-19-related 
     hospitalizations, the total number of intensive care unit 
     admissions, and the duration of each such hospitalization;
       ``(E) recoveries from COVID-19; and
       ``(F) COVID-19 deaths,
     disaggregated by race, ethnicity, age, disability, sex, 
     pregnancy status, and whether the individual is a staff 
     member of or incarcerated at the facility.
       ``(b) Privacy.--Data reported under this section shall be 
     reported in accordance with applicable privacy laws and 
     regulations.

     ``SEC. 3067. NO MATCHING REQUIRED.

       ``The Attorney General shall not require grantees to 
     provide any matching funds with respect to the use of funds 
     under this part.

     ``SEC. 3068. DEFINITION.

       ``For purposes of this part:
       ``(1) Correctional facility.--The term `correctional 
     facility' includes a juvenile facility.
       ``(2) Covered emergency period.--The term `covered 
     emergency period' has the meaning given the term in section 
     12003 of the CARES Act (Public Law 116-136).
       ``(3) Covid-19.--The term `COVID-19' means a disease caused 
     by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-
     2).
       ``(4) Detainee; arrestee; inmate.--The terms `detainee', 
     `arrestee', and `inmate' each include juveniles.''.

     SEC. 208. MORATORIUM ON FEES AND FINES.

       (a) In General.--During the covered emergency period, and 
     for fiscal years 2020, 2021, and 2022, the Attorney General 
     is authorized make grants to State and local courts that 
     comply with the requirement under subsection (b) to ensure 
     that such recipients are able to continue operations.
       (b) Requirement to Impose Moratorium on Imposition and 
     Collection of Fees and Fines.--To be eligible for a grant 
     under this section, a court shall implement a moratorium on 
     the imposition and collection (including by a unit of local 
     government or a State) of fees and fines imposed by that 
     court--
       (1) not later than 120 day after the date of the enactment 
     of this section;
       (2) retroactive to a period beginning 30 days prior the 
     covered emergency period; and
       (3) continuing for an additional 90 days after the date the 
     covered emergency period terminates.
       (c) Grant Amount.--In making grants under this section, the 
     Attorney General shall--

[[Page H5413]]

       (1) give preference to applicants that implement a 
     moratorium on the imposition and collection of fines and fees 
     related to juvenile delinquency proceedings for each of 
     fiscal years 2020 through 2022; and
       (2) make such grants in amounts that are proportionate to 
     the number of individuals in the jurisdiction of the court.
       (d) Use of Funds.--Funds made available under this section 
     may be used to ensure that the recipient is able to continue 
     court operations during the covered emergency period.
       (e) No Matching Requirement.--There is no matching 
     requirement for grants under this section.
       (f) Definitions.--In this section:
       (1) The term ``fees''--
       (A) means monetary fees that are imposed for the costs of 
     fine surcharges or court administrative fees; and
       (B) includes additional late fees, payment-plan fees, 
     interest added if an individual is unable to pay a fine in 
     its entirety, collection fees, and any additional amounts 
     that do not include the fine.
       (2) The term ``fines'' means monetary fines imposed as 
     punishment.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $150,000,000 for 
     each of fiscal years 2020 through 2022.

     SEC. 209. DEFINITION.

       In this title, the term ``covered emergency period'' has 
     the meaning given the term in section 12003 of the CARES Act 
     (Public Law 116-136).

     SEC. 210. SEVERABILITY.

       If any provision of this title or any amendment made by 
     this title, or the application of a provision or amendment to 
     any person or circumstance, is held to be invalid, the 
     remainder of this title and the amendments made by this 
     title, and the application of the provisions and amendments 
     to any other person not similarly situated or to other 
     circumstances, shall not be affected by the holding.

               TITLE III--VICTIMS OF CRIME ACT AMENDMENTS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Victims of Crime Act Fix 
     Act of 2020''.

     SEC. 302. DEPOSITS OF FUNDING INTO THE CRIME VICTIMS FUND.

       Section 1402(b) of the Victims of Crime Act of 1984 (34 
     U.S.C. 20101(b)) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) any funds that would otherwise be deposited in the 
     general fund of the Treasury collected as pursuant to--
       ``(A) a deferred prosecution agreement; or
       ``(B) a non-prosecution agreement.''.

     SEC. 303. WAIVER OF MATCHING REQUIREMENT.

       (a) In General.--Notwithstanding any other provision of 
     VOCA, during the COVID-19 emergency period and for the period 
     ending one year after the date on which such period expires 
     or is terminated, the Attorney General, acting through the 
     Director of the Office for Victims of Crime, may not impose 
     any matching requirement as a condition of receipt of funds 
     under any program to provide assistance to victims of crimes 
     authorized under the Victims of Crime Act of 1984 (34 U.S.C. 
     20101 et seq.).
       (b) Definition.--In this section, the term ``COVID-19 
     emergency period'' means the period beginning on the date on 
     which the President declared a national emergency under the 
     National Emergencies Act (50 U.S.C. 1601 et seq.) with 
     respect to the Coronavirus Disease 2019 (COVID-19) and ending 
     on the date that is 30 days after the date on which the 
     national emergency declaration is terminated.
       (c) Application.--This section shall apply with respect 
     to--
       (1) applications submitted during the period described 
     under subsection (a), including applications for which funds 
     will be distributed after such period; and
       (2) distributions of funds made during the period described 
     under subsection (a), including distributions made pursuant 
     to applications submitted before such period.

                   TITLE IV--JABARA-HEYER NO HATE ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Jabara-Heyer National 
     Opposition to Hate, Assault, and Threats to Equality Act of 
     2020'' or the ``Jabara-Heyer NO HATE Act''.

     SEC. 402. FINDINGS.

       Congress finds the following:
       (1) The incidence of violence known as hate crimes or 
     crimes motivated by bias poses a serious national problem.
       (2) According to data obtained by the Federal Bureau of 
     Investigation, the incidence of such violence increased in 
     2017, the most recent year for which data is available.
       (3) In 1990, Congress enacted the Hate Crime Statistics Act 
     (Public Law 101-275; 28 U.S.C. 534 note) to provide the 
     Federal Government, law enforcement agencies, and the public 
     with data regarding the incidence of hate crime. The Hate 
     Crimes Statistics Act and the Matthew Shepard and James Byrd, 
     Jr. Hate Crimes Prevention Act (division E of Public Law 111-
     84; 123 Stat. 2835) have enabled Federal authorities to 
     understand and, where appropriate, investigate and prosecute 
     hate crimes.
       (4) A more complete understanding of the national problem 
     posed by hate crime is in the public interest and supports 
     the Federal interest in eradicating bias-motivated violence 
     referenced in section 249(b)(1)(C) of title 18, United States 
     Code.
       (5) However, a complete understanding of the national 
     problem posed by hate crimes is hindered by incomplete data 
     from Federal, State, and local jurisdictions through the 
     Uniform Crime Reports program authorized under section 534 of 
     title 28, United States Code, and administered by the Federal 
     Bureau of Investigation.
       (6) Multiple factors contribute to the provision of 
     inaccurate and incomplete data regarding the incidence of 
     hate crime through the Uniform Crime Reports program. A 
     significant contributing factor is the quality and quantity 
     of training that State and local law enforcement agencies 
     receive on the identification and reporting of suspected 
     bias-motivated crimes.
       (7) The problem of crimes motivated by bias is sufficiently 
     serious, widespread, and interstate in nature as to warrant 
     Federal financial assistance to States and local 
     jurisdictions.
       (8) Federal financial assistance with regard to certain 
     violent crimes motivated by bias enables Federal, State, and 
     local authorities to work together as partners in the 
     investigation and prosecution of such crimes.

     SEC. 403. DEFINITIONS.

       In this title:
       (1) Hate crime.--The term ``hate crime'' means an act 
     described in section 245, 247, or 249 of title 18, United 
     States Code, or in section 901 of the Civil Rights Act of 
     1968 (42 U.S.C. 3631).
       (2) Priority agency.--The term ``priority agency'' means--
       (A) a law enforcement agency of a unit of local government 
     that serves a population of not less than 100,000, as 
     computed by the Federal Bureau of Investigation; or
       (B) a law enforcement agency of a unit of local government 
     that--
       (i) serves a population of not less than 50,000 and less 
     than 100,000, as computed by the Federal Bureau of 
     Investigation; and
       (ii) has reported no hate crimes through the Uniform Crime 
     Reports program in each of the 3 most recent calendar years 
     for which such data is available.
       (3) State.--The term ``State'' has the meaning given the 
     term in section 901 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10251).
       (4) Uniform crime reports.--The term ``Uniform Crime 
     Reports'' means the reports authorized under section 534 of 
     title 28, United States Code, and administered by the Federal 
     Bureau of Investigation that compile nationwide criminal 
     statistics for use--
       (A) in law enforcement administration, operation, and 
     management; and
       (B) to assess the nature and type of crime in the United 
     States.
       (5) Unit of local government.--The term ``unit of local 
     government'' has the meaning given the term in section 901 of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (34 U.S.C. 10251).

     SEC. 404. REPORTING OF HATE CRIMES.

       (a) Implementation Grants.--
       (1) In general.--The Attorney General may make grants to 
     States and units of local government to assist the State or 
     unit of local government in implementing the National 
     Incident-Based Reporting System, including to train employees 
     in identifying and classifying hate crimes in the National 
     Incident-Based Reporting System.
       (2) Priority.--In making grants under paragraph (1), the 
     Attorney General shall give priority to States and units of 
     local government with larger populations.
       (b) Reporting.--
       (1) Compliance.--
       (A) In general.--Except as provided in subparagraph (B), in 
     each fiscal year beginning after the date that is 3 years 
     after the date on which a State or unit of local government 
     first receives a grant under subsection (a), the State or 
     unit of local government shall provide to the Attorney 
     General, through the Uniform Crime Reporting system, 
     information pertaining to hate crimes committed in that 
     jurisdiction during the preceding fiscal year.
       (B) Extensions; waiver.--The Attorney General--
       (i) may provide a 120-day extension to a State or unit of 
     local government that is making good faith efforts to comply 
     with subparagraph (A); and
       (ii) shall waive the requirements of subparagraph (A) if 
     compliance with that subparagraph by a State or unit of local 
     government would be unconstitutional under the constitution 
     of the State or of the State in which the unit of local 
     government is located, respectively.
       (2) Failure to comply.--If a State or unit of local 
     government that receives a grant under subsection (a) fails 
     to substantially comply with paragraph (1) of this 
     subsection, the State or unit of local government shall repay 
     the grant in full, plus reasonable interest and penalty 
     charges allowable by law or established by the Attorney 
     General.

     SEC. 405. GRANTS FOR STATE-RUN HATE CRIME HOTLINES.

       (a) Grants Authorized.--
       (1) In general.--The Attorney General shall make grants to 
     States to create State-run hate crime reporting hotlines.
       (2) Grant period.--A grant made under paragraph (1) shall 
     be for a period of not more than 5 years.
       (b) Hotline Requirements.--A State shall ensure, with 
     respect to a hotline funded by a grant under subsection (a), 
     that--
       (1) the hotline directs individuals to--
       (A) law enforcement if appropriate; and
       (B) local support services;
       (2) any personally identifiable information that an 
     individual provides to an agency of the State through the 
     hotline is not directly or indirectly disclosed, without the 
     consent of the individual, to--
       (A) any other agency of that State;
       (B) any other State;
       (C) the Federal Government; or
       (D) any other person or entity;

[[Page H5414]]

       (3) the staff members who operate the hotline are trained 
     to be knowledgeable about--
       (A) applicable Federal, State, and local hate crime laws; 
     and
       (B) local law enforcement resources and applicable local 
     support services; and
       (4) the hotline is accessible to--
       (A) individuals with limited English proficiency, where 
     appropriate; and
       (B) individuals with disabilities.
       (c) Best Practices.--The Attorney General shall issue 
     guidance to States on best practices for implementing the 
     requirements of subsection (b).

     SEC. 406. INFORMATION COLLECTION BY STATES AND UNITS OF LOCAL 
                   GOVERNMENT.

       (a) Definitions.--In this section:
       (1) Applicable agency.--The term ``applicable agency'', 
     with respect to an eligible entity that is--
       (A) a State, means--
       (i) a law enforcement agency of the State; and
       (ii) a law enforcement agency of a unit of local government 
     within the State that--

       (I) is a priority agency; and
       (II) receives a subgrant from the State under this section; 
     and

       (B) a unit of local government, means a law enforcement 
     agency of the unit of local government that is a priority 
     agency.
       (2) Covered agency.--The term ``covered agency'' means--
       (A) a State law enforcement agency; or
       (B) a priority agency.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a State; or
       (B) a unit of local government that has a priority agency.
       (b) Grants.--
       (1) In general.--The Attorney General may make grants to 
     eligible entities to assist covered agencies within the 
     jurisdiction of the eligible entity in conducting law 
     enforcement activities or crime reduction programs to 
     prevent, address, or otherwise respond to hate crime, 
     particularly as those activities or programs relate to 
     reporting hate crimes through the Uniform Crime Reports 
     program, including--
       (A) adopting a policy on identifying, investigating, and 
     reporting hate crimes;
       (B) developing a standardized system of collecting, 
     analyzing, and reporting the incidence of hate crime;
       (C) establishing a unit specialized in identifying, 
     investigating, and reporting hate crimes;
       (D) engaging in community relations functions related to 
     hate crime prevention and education such as--
       (i) establishing a liaison with formal community-based 
     organizations or leaders; and
       (ii) conducting public meetings or educational forums on 
     the impact of hate crimes, services available to hate crime 
     victims, and the relevant Federal, State, and local laws 
     pertaining to hate crimes; and
       (E) providing hate crime trainings for agency personnel.
       (2) Subgrants.--A State that receives a grant under 
     paragraph (1) may award a subgrant to a priority agency of a 
     unit of local government within the State for the purposes 
     under that paragraph.
       (c) Information Required of States and Units of Local 
     Government.--
       (1) In general.--For each fiscal year in which an eligible 
     entity receives a grant under subsection (b), the eligible 
     entity shall--
       (A) collect information from each applicable agency 
     summarizing the law enforcement activities or crime reduction 
     programs conducted by the agency to prevent, address, or 
     otherwise respond to hate crime, particularly as those 
     activities or programs relate to reporting hate crimes 
     through the Uniform Crime Reports program; and
       (B) submit to the Attorney General a report containing the 
     information collected under subparagraph (A).
       (2) Semiannual law enforcement agency report.--
       (A) In general.--In collecting the information required 
     under paragraph (1)(A), an eligible entity shall require each 
     applicable agency to submit a semiannual report to the 
     eligible entity that includes a summary of the law 
     enforcement activities or crime reduction programs conducted 
     by the agency during the reporting period to prevent, 
     address, or otherwise respond to hate crime, particularly as 
     those activities or programs relate to reporting hate crimes 
     through the Uniform Crime Reports program.
       (B) Contents.--In a report submitted under subparagraph 
     (A), a law enforcement agency shall, at a minimum, disclose--
       (i) whether the agency has adopted a policy on identifying, 
     investigating, and reporting hate crimes;
       (ii) whether the agency has developed a standardized system 
     of collecting, analyzing, and reporting the incidence of hate 
     crime;
       (iii) whether the agency has established a unit specialized 
     in identifying, investigating, and reporting hate crimes;
       (iv) whether the agency engages in community relations 
     functions related to hate crime, such as--

       (I) establishing a liaison with formal community-based 
     organizations or leaders; and
       (II) conducting public meetings or educational forums on 
     the impact of hate crime, services available to hate crime 
     victims, and the relevant Federal, State, and local laws 
     pertaining to hate crime; and

       (v) the number of hate crime trainings for agency 
     personnel, including the duration of the trainings, conducted 
     by the agency during the reporting period.
       (d) Compliance and Redirection of Funds.--
       (1) In general.--Except as provided in paragraph (2), 
     beginning not later than 1 year after the date of enactment 
     of this title, an eligible entity receiving a grant under 
     subsection (b) shall comply with subsection (c).
       (2) Extensions; waiver.--The Attorney General--
       (A) may provide a 120-day extension to an eligible entity 
     that is making good faith efforts to collect the information 
     required under subsection (c); and
       (B) shall waive the requirements of subsection (c) for a 
     State or unit of local government if compliance with that 
     subsection by the State or unit of local government would be 
     unconstitutional under the constitution of the State or of 
     the State in which the unit of local government is located, 
     respectively.

     SEC. 407. REQUIREMENTS OF THE ATTORNEY GENERAL.

       (a) Information Collection and Analysis; Report.--In order 
     to improve the accuracy of data regarding the incidence of 
     hate crime provided through the Uniform Crime Reports 
     program, and promote a more complete understanding of the 
     national problem posed by hate crime, the Attorney General 
     shall--
       (1) collect and analyze the information provided by States 
     and units of local government under section 406 for the 
     purpose of developing policies related to the provision of 
     accurate data obtained under the Hate Crime Statistics Act 
     (Public Law 101-275; 28 U.S.C. 534 note) by the Federal 
     Bureau of Investigation; and
       (2) for each calendar year beginning after the date of 
     enactment of this title, publish and submit to Congress a 
     report based on the information collected and analyzed under 
     paragraph (1).
       (b) Contents of Report.--A report submitted under 
     subsection (a) shall include--
       (1) a qualitative analysis of the relationship between--
       (A) the number of hate crimes reported by State law 
     enforcement agencies or priority agencies through the Uniform 
     Crime Reports program; and
       (B) the nature and extent of law enforcement activities or 
     crime reduction programs conducted by those agencies to 
     prevent, address, or otherwise respond to hate crime; and
       (2) a quantitative analysis of the number of State law 
     enforcement agencies and priority agencies that have--
       (A) adopted a policy on identifying, investigating, and 
     reporting hate crimes;
       (B) developed a standardized system of collecting, 
     analyzing, and reporting the incidence of hate crime;
       (C) established a unit specialized in identifying, 
     investigating, and reporting hate crimes;
       (D) engaged in community relations functions related to 
     hate crime, such as--
       (i) establishing a liaison with formal community-based 
     organizations or leaders; and
       (ii) conducting public meetings or educational forums on 
     the impact of hate crime, services available to hate crime 
     victims, and the relevant Federal, State, and local laws 
     pertaining to hate crime; and
       (E) conducted hate crime trainings for agency personnel 
     during the reporting period, including--
       (i) the total number of trainings conducted by each agency; 
     and
       (ii) the duration of the trainings described in clause (i).

     SEC. 408. ALTERNATIVE SENTENCING.

       Section 249 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(e) Supervised Release.--If a court includes, as a part 
     of a sentence of imprisonment imposed for a violation of 
     subsection (a), a requirement that the defendant be placed on 
     a term of supervised release after imprisonment under section 
     3583, the court may order, as an explicit condition of 
     supervised release, that the defendant undertake educational 
     classes or community service directly related to the 
     community harmed by the defendant's offense.''.

                    TITLE V--BANKRUPTCY PROTECTIONS

     SEC. 501. BANKRUPTCY PROTECTIONS.

       (a) Bankruptcy Protections for Federal Coronavirus Relief 
     Payments.--Section 541(b) of title 11, United States Code, is 
     amended--
       (1) in paragraph (9), in the matter following subparagraph 
     (B), by striking ``or'';
       (2) in paragraph (10)(C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after paragraph (10) the following:
       ``(11) payments made under Federal law relating to the 
     national emergency declared by the President under the 
     National Emergencies Act (50 U.S.C. 1601 et seq.) with 
     respect to the coronavirus disease 2019 (COVID-19).''.
       (b) Protection Against Discriminatory Treatment of 
     Homeowners in Bankruptcy.--Section 525 of title 11, United 
     States Code, is amended by adding at the end the following:
       ``(d) A person may not be denied any forbearance, 
     assistance, or loan modification relief made available to 
     borrowers by a mortgage creditor or servicer because the 
     person is or has been a debtor, or has received a discharge, 
     in a case under this title.''.
       (c) Increasing the Homestead Exemption.--Section 522 of 
     title 11, United States Code, is amended--
       (1) in subsection (d)(1), by striking ``$15,000'' and 
     inserting ``$100,000''; and
       (2) by adding at the end the following:
       ``(r) Notwithstanding any other provision of applicable 
     nonbankruptcy law, a debtor in any State may exempt from 
     property of the estate the property described in subsection 
     (d)(1) not to exceed the value in subsection (d)(1) if the 
     exemption for such property permitted by applicable 
     nonbankruptcy law is lower than that amount.''.
       (d) Effect of Missed Mortgage Payments on Discharge.--
     Section 1328 of title 11, United States Code, is amended by 
     adding at the end the following:

[[Page H5415]]

       ``(i) A debtor shall not be denied a discharge under this 
     section because, as of the date of discharge, the debtor did 
     not make 6 or fewer payments directly to the holder of a debt 
     secured by real property.
       ``(j) Notwithstanding subsections (a) and (b), upon the 
     debtor's request, the court shall grant a discharge of all 
     debts provided for in the plan that are dischargeable under 
     subsection (a) if the debtor--
       ``(1) has made payments under a confirmed plan for at least 
     1 year; and
       ``(2) is experiencing or has experienced a material 
     financial hardship due, directly or indirectly, to the 
     coronavirus disease 2019 (COVID-19) pandemic.''.
       (e) Expanded Eligibility for Chapter 13.--Section 109(e) of 
     title 11, United States Code, is amended--
       (1) by striking ``$250,000'' each place the term appears 
     and inserting ``$850,000''; and
       (2) by striking ``$750,000'' each place the term appears 
     and inserting ``$2,600,000''.
       (f) Extended Cure Period for Homeowners Harmed by COVID-19 
     Pandemic.--
       (1) In general.--Chapter 13 of title 11, United States 
     Code, is amended by adding at the end thereof the following:

     ``Sec. 1331. Special provisions related to COVID-19 pandemic

       ``(a) Notwithstanding subsections (b)(2) and (d) of section 
     1322, if the debtor is experiencing or has experienced a 
     material financial hardship due, directly or indirectly, to 
     the coronavirus disease 2019 (COVID-19) pandemic, a plan may 
     provide for the curing of any default within a reasonable 
     time, not to exceed 7 years after the time that the first 
     payment under the original confirmed plan was due, and 
     maintenance of payments while the case is pending on any 
     unsecured claim or secured claim on which the last payment is 
     due after the expiration of such time. Any such plan 
     provision shall not affect the applicable commitment period 
     under section 1325(b).
       ``(b) For purposes of sections 1328(a) and 1328(b), any 
     cure or maintenance payments under subsection (a) that are 
     made after the end of the period during which the plan 
     provides for payments (other than payments under subsection 
     (a)) shall not be treated as payments under the plan.
       ``(c) Notwithstanding section 1329(c), a plan modified 
     under section 1329 at the debtor's request may provide for 
     cure or maintenance payments under subsection (a) over a 
     period that is not longer than 7 years after the time that 
     the first payment under the original confirmed plan was due.
       ``(d) Notwithstanding section 362(c)(2), during the period 
     after the debtor receives a discharge and the period during 
     which the plan provides for the cure of any default and 
     maintenance of payments under the plan, section 362(a) shall 
     apply to the holder of a claim for which a default is cured 
     and payments are maintained under subsection (a) and to any 
     property securing such claim.
       ``(e) Notwithstanding section 1301(a)(2), the stay of 
     section 1301(a) terminates upon the granting of a discharge 
     under section 1328 with respect to all creditors other than 
     the holder of a claim for which a default is cured and 
     payments are maintained under subsection (a).''.
       (2) Table of contents.--The table of sections of chapter 
     13, title 11, United States Code, is amended by adding at the 
     end thereof the following:

``Sec. 1331. Special provisions related to COVID-19 Pandemic.''.
       (3) Application.--The amendments made by this paragraph 
     shall apply only to any case under title 11, United States 
     Code, commenced before 3 years after the date of enactment of 
     this Act and pending on or commenced after such date of 
     enactment, in which a plan under chapter 13 of title 11, 
     United States Code, was not confirmed before March 27, 2020.

                       DIVISION U--OTHER MATTERS

TITLE I--PRESUMPTION OF SERVICE CONNECTION FOR CORONAVIRUS DISEASE 2019

     SEC. 101. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF 
                   ARMED FORCES WHO CONTRACT CORONAVIRUS DISEASE 
                   2019 UNDER CERTAIN CIRCUMSTANCES.

       (a) In General.--Subchapter VI of chapter 11 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1164. Presumptions of service-connection for 
       Coronavirus Disease 2019

       ``(a) Presumptions Generally.--(1) For purposes of laws 
     administered by the Secretary and subject to section 1113 of 
     this title, if symptoms of Coronavirus Disease 2019 (in this 
     section referred to as `COVID-19') described in subsection 
     (d) manifest within one of the manifestation periods 
     described in paragraph (2) in an individual who served in a 
     qualifying period of duty described in subsection (b)--
       ``(A) infection with severe acute respiratory syndrome 
     coronavirus 2 (in this section referred to as `SARS-CoV-2') 
     shall be presumed to have occurred during the qualifying 
     period of duty;
       ``(B) COVID-19 shall be presumed to have been incurred 
     during the qualifying period of duty; and
       ``(C) if the individual becomes disabled or dies as a 
     result of COVID-19, it shall be presumed that the individual 
     became disabled or died during the qualifying period of duty 
     for purposes of establishing that the individual served in 
     the active military, naval, or air service.
       ``(2)(A) The manifestation periods described in this 
     paragraph are the following:
       ``(i) During a qualifying period of duty described in 
     subsection (b), if that period of duty was more than 48 
     continuous hours in duration.
       ``(ii) Within 14 days after the individual's completion of 
     a qualifying period of duty described in subsection (b).
       ``(iii) An additional period prescribed under subparagraph 
     (B).
       ``(B)(i) If the Secretary determines that a manifestation 
     period of more than 14 days after completion of a qualifying 
     period of service is appropriate for the presumptions under 
     paragraph (1), the Secretary may prescribe that additional 
     period by regulation.
       ``(ii) A determination under clause (i) shall be made in 
     consultation with the Director of the Centers for Disease 
     Control and Prevention.
       ``(b) Qualifying Period of Duty Described.--A qualifying 
     period of duty described in this subsection is a period of--
       ``(1) active duty; or
       ``(2) the following duty or training not covered by 
     paragraph (1) performed under orders issued on or after March 
     13, 2020, during the national emergency declared by the 
     President under the National Emergencies Act (50 U.S.C. 1601 
     et seq.):
       ``(A) Training duty under title 10.
       ``(B) Full-time National Guard duty (as defined in section 
     101 of title 10).
       ``(c) Application of Presumptions for Training Duty.--When, 
     pursuant to subsection (a), COVID-19 is presumed to have been 
     incurred during a qualifying period of duty described in 
     subsection (b)(2)--
       ``(1) COVID-19 shall be deemed to have been incurred in the 
     line of duty during a period of active military, naval, or 
     air service; and
       ``(2) where entitlement to benefits under this title is 
     predicated on the individual who was disabled or died being a 
     veteran, benefits for disability or death resulting from 
     COVID-19 as described in subsection (a) shall be paid or 
     furnished as if the individual was a veteran, without regard 
     to whether the period of duty would constitute active 
     military, naval, or air service under section 101 of this 
     title.
       ``(d) Symptoms of COVID-19.--For purposes of subsection 
     (a), symptoms of COVID-19 are those symptoms that competent 
     medical evidence demonstrates are experienced by an 
     individual affected and directly related to COVID-19.
       ``(e) Medical Examinations and Opinions.--If there is a 
     question of whether the symptoms experienced by an individual 
     described in paragraph (1) of subsection (a) during a 
     manifestation period described in paragraph (2) of such 
     subsection are attributable to COVID-19 resulting from 
     infection with SARS-CoV-2 during the qualifying period of 
     duty, in determining whether a medical examination or medical 
     opinion is necessary to make a decision on the claim within 
     the meaning of section 5103A(d) of this title, a qualifying 
     period of duty described in subsection (b) of this section 
     shall be treated as if it were active military, naval, or air 
     service for purposes of section 5103A(d)(2)(B) of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``1164. Presumptions of service-connection for Coronavirus Disease 
              2019.''.

              TITLE II--CORONAVIRUS RELIEF FUND AMENDMENTS

     SEC. 201. CONGRESSIONAL INTENT RELATING TO TRIBAL GOVERNMENTS 
                   ELIGIBLE FOR CORONAVIRUS RELIEF FUND PAYMENTS.

       (a) Purpose.--The purpose of this section and the 
     amendments made by subsection (b) is to clarify the intent of 
     Congress that only Federally recognized Tribal governments 
     are eligible for payments from the Coronavirus Relief Fund 
     established in section 601 of the Social Security Act, as 
     added by section 5001(a) of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136).
       (b) Eligible Tribal Governments.--Effective as if included 
     in the enactment of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136), section 601 of the Social 
     Security Act, as added by section 5001(a) of the Coronavirus 
     Aid, Relief, and Economic Security Act, is amended--
       (1) in subsection (c)(7), by striking ``Indian Tribes'' and 
     inserting ``Tribal governments''; and
       (2) in subsection (g)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively; and
       (C) by striking paragraph (4) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(4) Tribal government.--The term `Tribal government' 
     means the recognized governing body of any Indian or Alaska 
     Native tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of enactment of this Act 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).''.
       (c) Rules Relating to Payments Made Before the Date of 
     Enactment of This Act.--
       (1) Payments made to ineligible entities.--The Secretary of 
     the Treasury shall require any entity that was not eligible 
     to receive a payment from the amount set aside for fiscal 
     year 2020 under subsection (a)(2)(B) of section 601 of the 
     Social Security Act, as added by section 5001(a) of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) and after the application of the amendments made 
     by subsection (a) clarifying congressional intent relating to 
     eligibility for such a payment, to return the full payment to 
     the Department.
       (2) Distribution of payments returned by ineligible 
     entities.--The Secretary of the Treasury shall distribute 
     payments returned under paragraph (1), without further 
     appropriation or fiscal year limitation and not later than

[[Page H5416]]

     7 days after receiving any returned funds as required under 
     paragraph (1) to Tribal governments eligible for payments 
     under such section 601 of the Social Security Act, as amended 
     by subsection (a), in accordance with subsection (c)(7) of 
     such Act.
       (3) Limitation on secretarial authority.--The Secretary of 
     the Treasury is prohibited from requiring an entity that is 
     eligible for a payment from the amount set aside for fiscal 
     year 2020 under subsection (a)(2)(B) of section 601 of the 
     Social Security Act, as amended by subsection(a), and that 
     received a payment before the date of enactment of this Act, 
     from requiring the entity to return all or part of the 
     payment except to the extent authorized under section 601(f) 
     of such Act in the case of a determination by the Inspector 
     General of the Department of the Treasury that the Tribal 
     government failed to comply with the use of funds 
     requirements of section 601(d) of such Act.

     SEC. 202. REDISTRIBUTION OF AMOUNTS RECOVERED OR RECOUPED 
                   FROM PAYMENTS FOR TRIBAL GOVERNMENTS; REPORTING 
                   REQUIREMENTS.

       Effective as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136), section 601(c)(7) of the Social Security Act, 
     as added by section 5001(a) of the Coronavirus Aid, Relief, 
     and Economic Security Act, is amended--
       (1) by striking ``From the amount'' and inserting the 
     following:
       ``(A) In general.--From the amount''; and
       (2) by adding at the end the following:
       ``(B) Redistribution of funds.--
       ``(i) Requirement.--In carrying out the requirement under 
     subparagraph (A) to ensure that all amounts available under 
     subsection (a)(2)(B) for fiscal year 2020 are distributed to 
     Tribal governments, the Secretary of the Treasury shall 
     redistribute any amounts from payments for Tribal governments 
     that are recovered through recoupment activities carried out 
     by the Inspector General of the Department of the Treasury 
     under subsection (f), without further appropriation, using a 
     procedure and methodology determined by the Secretary in 
     consultation with Tribal governments, to Tribal Governments 
     that apply for payments from such amounts.
       ``(ii) Repayment.--In carrying out the recoupment 
     activities by the Inspector General of the Department of the 
     Treasury under subsection (f), the Secretary of the Treasury 
     shall not impose any additional fees, penalties, or interest 
     payments on Tribal governments associated with any amounts 
     that are recovered.
       ``(C) Disclosure and reporting requirements.--
       ``(i) Disclosure of funding formula and methodology.--Not 
     later than 24 hours before any payments for Tribal 
     governments are distributed by the Secretary of the Treasury 
     pursuant to the requirements under subparagraph (A) and 
     subparagraph (B), the Secretary shall publish on the website 
     of the Department of the Treasury--

       ``(I) a detailed description of the funding allocation 
     formula; and
       ``(II) a detailed description of the procedure and 
     methodology used to determine the funding allocation formula.

       ``(ii) Report on fund distribution.--No later than 7 days 
     after payments for Tribal governments are distributed by the 
     Secretary of the Treasury pursuant to the requirements under 
     subparagraph (A) or subparagraph (B), the Secretary shall 
     publish on the website of the Department of the Treasury the 
     date and amount of all fund disbursements, broken down by 
     individual Tribal government recipient.''.

     SEC. 203. USE OF RELIEF FUNDS.

       Effective as if included in the Coronavirus, Aid, Relief, 
     and Economic Security Act (Public Law 116-136), section 601 
     of the Social Security Act, as added by section 5001(a) of 
     such Act, is amended by striking subsection (d) and inserting 
     the following:
       ``(d) Use of Funds.--A State, Tribal government, and unit 
     of local government shall use the funds provided under a 
     payment made under this section to
       ``(1) cover only those costs of the State, Tribal 
     government, or unit of local government that--
       ``(A) Are necessary expenditures incurred due to the public 
     health emergency with respect to the coronavirus disease 2019 
     (COVID-19);
       ``(B) were not accounted for in the budget most recently 
     approved as of the date of enactment of this section for the 
     State or government; and
       ``(C) were incurred during the period that begins on 
     January 31, 2020, and ends on December 31, 2021; or
       ``(2) Replace lost, delayed, or decreased revenues, 
     stemming from the public health emergency with respect to the 
     coronavirus disease (COVID-19).''.

              TITLE III--ENERGY AND ENVIRONMENT PROVISIONS

     SEC. 301. HOME ENERGY AND WATER SERVICE CONTINUITY.

       Any entity receiving financial assistance pursuant to any 
     division of this Act shall, to the maximum extent 
     practicable, establish or maintain in effect policies to 
     ensure that no home energy service or public water system 
     service to a residential customer, which is provided or 
     regulated by such entity, is or remains disconnected or 
     interrupted during the emergency period described in section 
     1135(g)(1)(B) of the Social Security Act because of 
     nonpayment, and all reconnections of such public water system 
     service are conducted in a manner that minimizes risk to the 
     health of individuals receiving such service. For purposes of 
     this section, the term ``home energy service'' means a 
     service to provide home energy, as such term is defined in 
     section 2603 of the Low-Income Home Energy Assistance Act of 
     1981, or service provided by an electric utility, as such 
     term is defined in section 3 of the Public Utility Regulatory 
     Policies Act of 1978, and the term ``public water system'' 
     has the meaning given that term in section 1401 of the Safe 
     Drinking Water Act. Nothing in this section shall be 
     construed to require forgiveness of any debt incurred or owed 
     to an entity or to absolve an individual of any obligation to 
     an entity for service, nor to preempt any State or local law 
     or regulation governing entities that provide such services 
     to residential customers.

     SEC. 302. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.

       (a) Environmental Justice Grants.--The Administrator of the 
     Environmental Protection Agency shall continue to carry out--
       (1) the Environmental Justice Small Grants Program and the 
     Environmental Justice Collaborative Problem-Solving 
     Cooperative Agreement Program, as those programs are in 
     existence on the date of enactment of this Act; and
       (2) the Community Action for a Renewed Environment grant 
     programs I and II, as in existence on January 1, 2012.
       (b) Use of Funds for Grants in Response to COVID-19 
     Pandemic.--With respect to amounts appropriated by division A 
     of this Act that are available to carry out the programs 
     described in subsection (a), the Administrator of the 
     Environmental Protection Agency may only award grants under 
     such programs for projects that will investigate or address 
     the disproportionate impacts of the COVID-19 pandemic in 
     environmental justice communities.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the programs described in 
     subsection (a) $50,000,000 for fiscal year 2021, and such 
     sums as may be necessary for each fiscal year thereafter.
       (d) Distribution.--Not later than 30 days after amounts are 
     made available pursuant to subsection (c), the Administrator 
     of the Environmental Protection Agency shall make awards of 
     grants under each of the programs described in subsection 
     (a).

     SEC. 303. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER 
                   ASSISTANCE.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,500,000,000 to the Secretary to carry 
     out this section.
       (b) Low-income Household Drinking Water and Wastewater 
     Assistance.--The Secretary shall make grants to States and 
     Indian Tribes to assist low-income households, particularly 
     those with the lowest incomes, that pay a high proportion of 
     household income for drinking water and wastewater services, 
     by providing funds to owners or operators of public water 
     systems or treatment works to reduce rates charged to such 
     households for such services.
       (c) Nonduplication of Effort.--In carrying out this 
     section, the Secretary, States, and Indian Tribes, as 
     applicable, shall, as appropriate and to the extent 
     practicable, use existing processes, procedures, policies, 
     and systems in place to provide assistance to low-income 
     households, including by using existing application and 
     approval processes.
       (d) Allotment.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall allot amounts appropriated pursuant to this 
     section to a State or Indian Tribe based on the following:
       (A) The percentage of households in the State, or under the 
     jurisdiction of the Indian Tribe, with income equal to or 
     less than 150 percent of the Federal poverty line.
       (B) The percentage of such households in the State, or 
     under the jurisdiction of the Indian Tribe, that spend more 
     than 30 percent of monthly income on housing.
       (C) The extent to which the State or Indian Tribe has been 
     affected by the public health emergency, including the rate 
     of transmission of COVID-19 in the State or area over which 
     the Indian Tribe has jurisdiction, the number of COVID-19 
     cases compared to the national average, and economic 
     disruptions resulting from the public health emergency.
       (2) Reserved funds.--The Secretary shall reserve not more 
     than 10 percent of the amounts appropriated pursuant to this 
     section for allotment to States and Indian Tribes based on 
     the economic disruptions to the States and Indian Tribes 
     resulting from the emergency described in the emergency 
     declaration issued by the President on March 13, 2020, 
     pursuant to section 501(b) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), 
     during the period covered by such emergency declaration and 
     any subsequent major disaster declaration under section 401 
     of such Act (42 U.S.C. 5170) that supersedes such emergency 
     declaration.
       (e) Determination of Low-income Households.--
       (1) Minimum definition of low-income.--In determining 
     whether a household is considered low-income for the purposes 
     of this section, a State or Indian Tribe--
       (A) shall ensure that, at a minimum--
       (i) all households with income equal to or less than 150 
     percent of the Federal poverty line are included as low-
     income households; and
       (ii) all households with income equal to or less than 60 
     percent of the State median income are included as low-income 
     households;
       (B) may include households that have been adversely 
     economically affected by job loss or severe income loss 
     related to the public health emergency; and
       (C) may include other households, including households in 
     which 1 or more individuals are receiving--
       (i) assistance under the State program funded under part A 
     of title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.);
       (ii) supplemental security income payments under title XVI 
     of the Social Security Act (42 U.S.C. 1381 et seq.);
       (iii) supplemental nutrition assistance program benefits 
     under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
     seq.); or

[[Page H5417]]

       (iv) payments under section 1315, 1521, 1541, or 1542 of 
     title 38, United States Code, or under section 306 of the 
     Veterans' and Survivors' Pension Improvement Act of 1978.
       (2) Household documentation requirements.--States and 
     Indian Tribes shall--
       (A) to the maximum extent practicable, seek to limit the 
     income history documentation requirements for determining 
     whether a household is considered low-income for the purposes 
     of this section; and
       (B) for the purposes of income eligibility, accept proof of 
     job loss or severe income loss dated after February 29, 2020, 
     such as a layoff or furlough notice or verification of 
     application of unemployment benefits, as sufficient to 
     demonstrate lack of income for an individual or household.
       (f) Applications.--Each State or Indian Tribe desiring to 
     receive a grant under this section shall submit an 
     application to the Secretary, in such form as the Secretary 
     shall require.
       (g) Utility Responsibilities.--Owners or operators of 
     public water systems or treatment works receiving funds 
     pursuant to this section for the purposes of reducing rates 
     charged to low-income households for service shall--
       (1) conduct outreach activities designed to ensure that 
     such households are made aware of the rate assistance 
     available pursuant to this section;
       (2) charge such households, in the normal billing process, 
     not more than the difference between the actual cost of the 
     service provided and the amount of the payment made by the 
     State or Indian Tribe pursuant to this section; and
       (3) within 45 days of providing assistance to a household 
     pursuant to this section, notify in writing such household of 
     the amount of such assistance.
       (h) State Agreements With Drinking Water and Wastewater 
     Providers.--To the maximum extent practicable, a State that 
     receives a grant under this section shall enter into 
     agreements with owners and operators of public water systems, 
     owners and operators of treatment works, municipalities, 
     nonprofit organizations associated with providing drinking 
     water, wastewater, and other social services to rural and 
     small communities, and Indian Tribes, to assist in 
     identifying low-income households and to carry out this 
     section.
       (i) Administrative Costs.--A State or Indian Tribe that 
     receives a grant under this section may use up to 8 percent 
     of the granted amounts for administrative costs.
       (j) Federal Agency Coordination.--In carrying out this 
     section, the Secretary shall coordinate with the 
     Administrator of the Environmental Protection Agency and 
     consult with other Federal agencies with authority over the 
     provision of drinking water and wastewater services.
       (k) Audits.--The Secretary shall require each State and 
     Indian Tribe receiving a grant under this section to 
     undertake periodic audits and evaluations of expenditures 
     made by such State or Indian Tribe pursuant to this section.
       (l) Reports to Congress.--The Secretary shall submit to 
     Congress a report on the results of activities carried out 
     pursuant to this section--
       (1) not later than 1 year after the date of enactment of 
     this section; and
       (2) upon disbursement of all funds appropriated pursuant to 
     this section.
       (m) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian Tribe'' means any 
     Indian Tribe, band, group, or community recognized by the 
     Secretary of the Interior and exercising governmental 
     authority over a Federal Indian reservation.
       (2) Municipality.--The term ``municipality'' has the 
     meaning given such term in section 502 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362).
       (3) Public health emergency.--The term ``public health 
     emergency'' means the public health emergency described in 
     section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
     1320b-5).
       (4) Public water system.--The term ``public water system'' 
     has the meaning given such term in section 1401 of the Safe 
     Drinking Water Act (42 U.S.C. 300f).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) State.--The term ``State'' means a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands of the United States, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       (7) Treatment works.--The term ``treatment works'' has the 
     meaning given that term in section 212 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1292).

     SEC. 304. HOME WATER SERVICE CONTINUITY.

       (a) Continuity of Service.--Any entity receiving financial 
     assistance under division A of this Act shall, to the maximum 
     extent practicable, establish or maintain in effect policies 
     to ensure that, with respect to any service provided by a 
     public water system or treatment works to an occupied 
     residence, which service is provided or regulated by such 
     entity--
       (1) no such service is or remains disconnected or 
     interrupted during the emergency period because of 
     nonpayment;
       (2) all reconnections of such service are conducted in a 
     manner that minimizes risk to the health of individuals 
     receiving such service; and
       (3) no fees for late payment of bills for such service are 
     charged or accrue during the emergency period.
       (b) Effect.--Nothing in this section shall be construed to 
     require forgiveness of outstanding debt owed to an entity or 
     to absolve an individual of any obligation to an entity for 
     service.
       (c) Definitions.--In this section:
       (1) Emergency period.--The term ``emergency period'' means 
     the emergency period described in section 1135(g)(1)(B) of 
     the Social Security Act (42 U.S.C. 1320b-5).
       (2) Public water system.--The term ``public water system'' 
     has the meaning given such term in section 1401 of the Safe 
     Drinking Water Act (42 U.S.C. 300f).
       (3) Treatment works.--The term ``treatment works'' has the 
     meaning given that term in section 212 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1292).

                    TITLE IV--MISCELLANEOUS MATTERS

     SEC. 401. TECHNICAL CORRECTIONS AND CLARIFICATION.

       (a) Section 4002 of the CARES Act (Public Law 116-136; 15 
     U.S.C. 9041) is amended by adding at the end the following 
     new paragraph:
       ``(13) Businesses critical to maintaining national 
     security.--The term `businesses critical to maintaining 
     national security' includes businesses that manufacture and 
     produce aerospace-related products, civil or defense, 
     including those that design, integrate, assemble, supply, 
     maintain and repair such products, and other businesses as 
     further defined by the Secretary, in consultation with the 
     Secretary of Defense and the Secretary of Transportation. For 
     purposes of the preceding sentence, aerospace-related 
     products include, but are not limited to, components, parts, 
     or systems of aircraft, aircraft engines, or appliances for 
     inclusion in an aircraft, aircraft engine, or appliance.''.

     SEC. 402. TRADE OF INJURIOUS SPECIES AND SPECIES THAT POSE A 
                   RISK TO HUMAN HEALTH.

       Section 42 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``or any interstate transport between 
     States within the continental United States,'' after 
     ``shipment between the continental United States, the 
     District of Columbia, Hawaii, the Commonwealth of Puerto 
     Rico, or any possession of the United States,''; and
       (ii) by striking ``to be injurious to human beings, to the 
     interests of agriculture'' and inserting ``to be injurious to 
     or to transmit a pathogen that can cause disease in humans, 
     to be injurious to the interests of agriculture''; and
       (B) by adding at the end the following:
       ``(6) In the case of an emergency posing a significant risk 
     to the health of humans, the Secretary of the Interior may 
     designate a species by interim final rule. At the time of 
     publication of the regulation in the Federal Register, the 
     Secretary shall publish therein detailed reasons why such 
     regulation is necessary, and in the case that such regulation 
     applies to a native species, the Secretary shall give actual 
     notice of such regulation to the State agency in each State 
     in which such species is believed to occur. Any regulation 
     promulgated under the authority of this paragraph shall cease 
     to have force and effect at the close of the 365-day period 
     following the date of publication unless, during such 365-day 
     period, the rulemaking procedures which would apply to such 
     regulation without regard to this paragraph are complied 
     with. If at any time after issuing an emergency regulation 
     the Secretary determines, on the basis of the best 
     appropriate data available to the Secretary, that substantial 
     evidence does not exist to warrant such regulation, the 
     Secretary shall withdraw it.
       ``(7) Not more than 90 days after receiving a petition of 
     an interested person under section 553(e) of title 5, United 
     States Code, to determine that a species is injurious under 
     this section, the Secretary of the Interior shall determine 
     whether such petition has scientific merit. If the Secretary 
     determines a petition has scientific merit, such Secretary 
     shall make a determination regarding such petition not more 
     than 12 months after the date such Secretary received such 
     petition.''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Any person who knowingly imports, ships, or 
     transports any species in violation of subsection (a) of this 
     section and who reasonably should have known that the species 
     at issue in such violation is a species listed in subsection 
     (a) of this section, or in any regulation issued pursuant 
     thereto, shall be fined under this title or imprisoned not 
     more than six months, or both.''.

     SEC. 403. RESCISSION OF FUNDS.

       Of the unobligated balances available under section 4027 of 
     division A of the CARES Act (Public Law 116-136), 
     $146,000,000,000 is hereby permanently rescinded.

  The SPEAKER pro tempore. Pursuant to House Resolution 1161, the 
motion shall be debatable for 2 hours equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Appropriations.
  The gentlewoman from New York (Mrs. Lowey) and the gentlewoman from 
Texas (Ms. Granger) each will control 1 hour.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the House amendments to the Senate 
amendments to H.R. 925.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.

[[Page H5418]]

  Mr. Speaker, I rise in strong support of this updated version of the 
Heroes Act.
  The health and economic catastrophe facing our country continues to 
cry out for urgent action. In May, a bipartisan majority in the House 
passed the Heroes Act to provide critical support for our country to 
crush the coronavirus so that we can protect lives and reopen our 
economy.
  Unfortunately, that legislation has lingered for more than 4 months 
as President Trump continues to downplay the severity of this pandemic.
  This updated version of the Heroes Act seeks to meet Republicans 
halfway while addressing needs that have grown since May. As Speaker 
Pelosi and Secretary Mnuchin continue their negotiations, the House's 
consideration of this legislation formalizes this body's proffer in 
these negotiations.
  To that end, we have updated the earlier versions of the Heroes Act 
by including strengthened support for small businesses, additional 
assistance for airline industry workers, and more funds for the 
children, for schools, for postsecondary education, and for childcare.
  Near and dear to my heart, we have also added a substantial 
investment in global public health that will save lives at home and 
abroad.
  Moreover, House Democrats have maintained many of the earlier 
priorities of the Heroes Act. That includes: $436 billion for State, 
local, territorial, and Tribal governments to pay vital frontline 
workers; $75 billion for coronavirus testing, contact tracing, and 
isolation measures; and $28 billion for procurement, distribution, and 
education campaigns for a safe and effective vaccine; additional direct 
payments to families; strong, enforceable workplace safety standards; 
changes to preserve healthcare for unemployed Americans; an extension 
of unemployment benefits; housing assistance so renters and homeowners 
can stay in their homes; food assistance so struggling families can put 
food on the table; and protections for our democracy, with funding for 
safe elections, an accurate Census, and the Postal Service.
  Mr. Speaker, this legislation represents a compromise that delivers 
for American families. Negotiations are continuing, and I ardently hope 
that we can soon return to this floor with a bipartisan agreement.
  In the meantime, a strong vote tonight will show our will to act and 
bring us closer to delivering much-needed relief to American families.
  I urge support for this critical legislation, and I reserve the 
balance of my time.
  Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in opposition to this bill.
  Unfortunately, by considering this bill today, we are abandoning a 
spirit of bipartisanship that has allowed us to work across the aisle 
four times this year to pass critical coronavirus relief legislation. 
This bill was crafted without input from Members on our side of the 
aisle, and it does not have the support needed to pass the Senate or be 
signed by the President.
  There are some things included that I support, such as helping small 
businesses that are desperate for a lifeline, enabling the airline 
industry to continue to pay its employees, providing additional 
assistance to help schools continue reopening, and increasing testing 
for the virus.
  Yet, I cannot overlook, nor can I overstate, the significant problems 
I have with this bill.
  First, it totals more than $2 trillion, which is more than we 
appropriate for an entire year.
  But what may be even more concerning is that buried in the more than 
2,000 pages of text are partisan provisions that are unrelated to the 
pandemic. These additions will not move us any closer to defeating this 
virus. In fact, they will only further divide us.
  For example, there is language in the bill that encourages State and 
local governments to release violent criminals in order to get more 
funding. It prohibits immigration laws from being carried out and 
enforcement actions to be taken. It enables illegal immigrants to 
receive direct payments.
  It stalls the Census that is required by the law to occur every 10 
years.
  It imposes sweeping changes to elections and provides more than $3 
billion in election assistance grants.
  Including so many unnecessary items just to cater to the demands of a 
few could result in gridlock at a time when compromise and real results 
are still in reach.
  After all the good work we have done together to provide relief and 
hope to the American people, I am very disappointed that this is the 
bill that the majority has chosen to bring to the floor.
  I hope my colleagues on the other side of the aisle will come back to 
the negotiating table and work with us to put the needs of the American 
people first, just as we have done four other times since the beginning 
of this devastating pandemic.
  It is time for our leaders to come together rather than take a vote 
on this damaging partisan bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Rodney Davis), the ranking member of the House 
Administration Committee.
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, today we find ourselves in 
the exact same situation as we were 5 months ago, voting on a so-called 
coronavirus relief bill filled with 71 pages of Federal election 
mandates that have nothing to do with providing relief to those 
impacted by the coronavirus. It is yet another attempt by Democrats to 
federalize our elections.
  The bill mandates States provide same-day registration, 15 days of 
early voting. It requires specific rules for polling locations, no-
excuse vote-by-mail for every person, nationalizes ballot harvesting, 
and the list of Federal election mandates goes on and on.
  Unlike what my Democrat colleagues continue to tell the American 
people, these provisions have nothing to do with the pandemic because 
they were part of H.R. 1, which passed the House nearly a year before 
the pandemic began.
  That said, I have a bill, Mr. Speaker, that would address election 
issues caused by the pandemic. It is called the EASE Act, and I would 
welcome House Democrats bringing it up for a vote.
  Not only am I troubled by this attempt to federalize our elections, 
but it would change the rules midgame. Many States are already voting, 
including my home State of Illinois. The U.S. Elections Project 
estimates that more than a million people have already voted, meaning 
some people would vote under one set of rules and, if this passed, 
others would vote under another set of rules. This is not how fair 
elections are run in the United States.
  We have seen what happens when States have last-minute voting 
changes. It creates mass voter confusion and leads to people being 
disenfranchised.
  This bill becoming law would be a disaster for election 
administrators and lead to even more confusion surrounding the 2020 
election in 33 days, and, ultimately, more people would be 
disenfranchised.
  If this bill was a serious attempt at helping schools reopen safely, 
businesses keep their employees on payroll, or others impacted by the 
coronavirus, 71 provisions aimed at federalizing our elections would 
not be included.
  My friends on the other side of the aisle should drop these 
provisions and offer a clean bill to help our constituents, the 
parents, business owners, workers, and others who have found their 
lives turned upside down because of this pandemic.
  Mrs. LOWEY. Mr. Speaker, I am pleased to yield 5 minutes to the 
distinguished gentleman from Virginia (Mr. Scott), the chairman of the 
Committee on Education and Labor.
  Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of the bill. 
And since House Democrats first passed the Heroes Act in May, 
congressional Republicans and administration officials have refused to 
advance any meaningful COVID-19 relief plan that would help our 
community survive this pandemic.
  As a result, the American people are continuing to bear the brunt of 
an economic and public health crisis that is needlessly dragging on and 
getting worse.

[[Page H5419]]

  State and local governments are still facing massive budget 
shortfalls. Without Federal support, these shortfalls will slash public 
education funding and other critical public services.
  School districts are starting the new academic year without resources 
they need to open safely, keep their staff on payroll, operate high-
quality programs remotely, and other things that they need to make sure 
that our students can become the best that they can be.
  Millions of workers are still unemployed and can no longer access the 
enhanced unemployment benefits that kept them afloat before they 
expired in July. Those working during the pandemic are suffering from 
unsafe working conditions with little protection from COVID-19 
infections.
  Most significantly, more than 7 million Americans have been infected, 
and over 200,000 have lost their lives due to the pandemic, and we 
still do not have a coherent strategy to deal with COVID-19.
  Moreover, far too many people still do not have access to affordable 
healthcare as the virus continues to accelerate in 32 States and in 
Puerto Rico, according to ABC News.
  The updated Heroes Act offers us another chance to get meaningful 
relief into the hands of students, educators, workers, and families.
  First, the updated Heroes Act dedicates over $400 billion to help 
State and local governments avert massive budget shortfalls. You cannot 
evaluate any relief package without first looking at what you are doing 
for State and local support. That is because if you don't have State 
and local support, there will be massive cuts.
  For example, budget shortfalls projected right now for State and 
local governments suggest that education budgets for State and local 
governments will be cut by hundreds of billions of dollars.
  This package protects and expands student access to quality education 
by increasing the relief for students, K-12 districts, and institutions 
of higher learning by more than $200 billion.

                              {time}  1700

  The updated Heroes Act also ensures that no Federal student loan 
borrower has to worry about loan payments, interest accrual, or 
collections through September of next year.
  This package also invests $58 billion to save our childcare industry 
from collapse and ensures essential workers will be able to access 
affordable childcare and early learning options. The estimates are 
that, if we don't put $10 billion a month into the childcare industry, 
it will slowly dissolve.
  The updated Heroes Act supports individuals and families hit by the 
economic downturn of this crisis by putting money directly into their 
pockets. The legislation includes a second round of stimulus checks and 
extends the $600 weekly enhanced unemployment benefits through next 
January, and it also helps in the housing crisis.
  To protect workers who have to work during this pandemic, the 
legislation directs the Occupational Safety and Health Administration 
to finally issue enforceable Federal workplace standards that protect 
all workers from contracting COVID-19. Presently, in spite of all the 
problems in the meatpacking industries, prisons, nursing homes, and 
healthcare, there is still no enforceable standard to protect workers 
from COVID-19.
  This legislation also puts the medical and family back into medical 
and family leave, like expanding access to emergency paid FMLA, family 
leave protections that were passed in previous relief bills.
  The legislation also provides access to healthcare by creating a 
broad, open enrollment period so that individuals and families can 
obtain coverage through the Affordable Care Act marketplaces and offers 
enhanced subsidies for many workers who have lost their jobs.
  Regrettably, Mr. Speaker, in America, most workers who lose their 
jobs also lose their health insurance, and this is a safety net to help 
them maintain their health insurance coverage.
  Finally, the legislation provides robust investments in some of our 
vital community programs such as the Low Income Home Energy Assistance 
Program, better known as LIHEAP, and the Older Americans Act programs 
like Meals on Wheels.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. LOWEY. Mr. Speaker, I yield the gentleman from Virginia an 
additional 1 minute.
  Mr. SCOTT of Virginia. The House first passed the Heroes Act 4 months 
ago because we have a responsibility to help our constituents recover 
from this global health emergency. Since then, the need has only grown.
  Instead of denying the consequences of this pandemic, we must put 
politics aside and pass this Heroes Act. The economists have told us, 
if we don't spend the money now, the economic downturn will be much 
worse in the future, and so we have to pass this bill.
  Mr. Speaker, I urge my colleagues to support the legislation, and I 
urge the Senate to take it up immediately.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Rutherford), who is a member of the Appropriations 
Committee.
  Mr. RUTHERFORD. Mr. Speaker, I thank the gentlewoman from Texas for 
yielding.
  Mr. Speaker, I rise today in disbelief--disbelief--that we are back 
here again wasting Americans' time considering a stimulus package that 
has absolutely no chance of ever becoming law. The first Heroes Act was 
bad enough, and this version may actually be worse.
  Unfortunately, the Speaker wrote this bill without any input from the 
rest of Congress. Americans want a bipartisan response, and we stand 
ready to deliver it, but that is impossible when the Speaker writes 
bills all on her own.
  Now, whether they will admit it or not, I know my colleagues on the 
other side of the aisle are equally disappointed with this partisan 
process. In fact, 21 Democrats signed on to a letter urging the Speaker 
to work with Republicans to find a compromise, and yet here we go again 
with a 2,000-page version of the Heroes Act filled with the same 
radical proposals and poison pills that, again, I cannot support.
  Here are the facts: The Heroes Act provides PPP loans to bail out 
Planned Parenthood, bans States from legislating their own voter ID 
laws, releases illegal immigrants from prison and then allows them to 
receive stimulus checks from the government. Also, it releases 
thousands of Federal inmates back out onto the street. It even defunds 
police support that was in the previous bill.
  A Heroes Act? Hardly. These are just a few of the reasons why, as a 
former first responder, I could never support this legislation.
  There is a solution I support, and it is sitting right on the 
Speaker's desk waiting to be brought to the floor. My colleagues 
introduced a simple, clean piece of legislation to make available 
another round of PPP loans with the $137 billion that is left in that 
program. Who in this Congress would not support that?
  Mr. Speaker, I urge Speaker Pelosi to bring a bipartisan bill to the 
floor so we can get assistance to those struggling American families 
who deserve our support.
  Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from Massachusetts (Mr. Neal), who is from my class and is 
the chair of the Committee on Ways and Means.
  Mr. NEAL. Mr. Speaker, I stand today in support of the updated Heroes 
Act.
  The previous gentleman was dismissive of the idea that there is some 
import to this moment in terms of getting a package done.
  So that means expanding unemployment insurance? That is not 
important, unemployment insurance that we might consider now which is 
part of the need of the American family?
  A reminder: There are 26 million Americans right now collecting 
unemployment insurance.
  Let me put this in terms of what an economist might say. If we don't 
expand unemployment insurance and keep the $600 supplement, the 
challenges that people are going to have in terms of daily sustenance 
for food, paying the rent, and paying their utility bills is going to 
mean, eventually, that the landlord can't collect rents that then, 
subsequently, are used to pay for property taxes and mortgage payments, 
which means then that they can't make their payments to the credit 
unions or community bankers,

[[Page H5420]]

which, overwhelmingly, are the custodians of America's origination in 
terms of the mortgage markets.
  So maybe we, as two parties, might agree on the following: If you 
don't defeat the virus, Mr. Speaker, you are never going to expedite 
economic recovery. That is the real argument in front of this Chamber 
at this moment.
  Mr. Speaker, 200,000 Americans--actually, about 205,000 Americans as 
of today--have died from the pandemic. Every one of us at home are 
hearing the desperation of our constituents.
  Let me submit this as well: When the CARES Act came before this 
House, only five Members of this institution voted against the CARES 
Act.
  Mr. Speaker, do you know what else we can all agree on? The CARES Act 
saved the American economy. You hear that at home from conservatives, 
liberals, moderates, Republicans, and Democrats. They all rally around 
that theme.
  The number of people who are still out of work is astounding. Family 
members are sick, they are having trouble paying for food, and 
Republicans suggest somehow you can handle this on your own?
  This is about the national principle. We all come to the aid of the 
American family at moments like this. We don't ask if you are a 
Democrat or a Republican, from a red State or a blue State, or how you 
voted in the last Presidential election. We say that is the family, and 
we have to take care of them. They are looking to this institution 
today to help them survive this pandemic.
  The economic challenges that we have are not about corruption, and it 
is not about economic malfeasance. It is about the reality that the 
world is confronting the worst pandemic since 1918. The American people 
are looking to us for leadership, and House Democrats have stepped up 
to the plate.
  Just think of it. May 15 we passed the Heroes Act. So when the other 
side says things like, ``Well, if we just do something in a bipartisan 
fashion,'' what, through this intervening period of time, did they 
offer? Not much.
  We have taken the affirmative position here. The American people need 
help. The idea of the stimulus checks was, as I noted a moment ago, not 
just to provide sustenance, but most economists would say, well, also 
to help create simultaneous demand. The speed with which we moved these 
payments along was extraordinary, even by contrast to how the 
institution usually responds.
  How about the jarring testimony of the Chairman of the Federal 
Reserve Board last week about what this economy needs? How unsettling 
was it to hear the testimony from the Fed about what we should be 
doing?
  I am really proud of the role the Ways and Means Committee played in 
developing the legislation and unemployment insurance.
  How about expanding the retention tax credit? Everybody on the other 
side of the aisle supports expanding the retention tax credit, but that 
will get in the way of the eventual vote here later on this evening 
because somehow it doesn't square with their philosophic beliefs.
  This moment calls for leadership, and the chaos that this country has 
exhibited as it relates to defeating the virus leaves a good deal to be 
desired. Leadership doesn't mean telling suffering Americans it is what 
it is. This is about the American family. Our frontline workers need us 
now more than ever.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. LOWEY. Mr. Speaker, I yield the gentleman from Massachusetts an 
additional 1 minute.
  Mr. NEAL. Every person in this Nation right now needs us more than 
ever. This is a crisis unlike any we have faced in our lifetimes. It 
calls for real solutions, and it puts the American family first.
  We need to get this done for the American people. Vote for this 
legislation. It is a good piece of constructive work on behalf of the 
American people.
  Ms. GRANGER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from New York (Mr. Zeldin).
  Mr. ZELDIN. Mr. Speaker, this is not a bill, a vote, and a debate 
that is about national principle. This is about politics; this is about 
grandstanding; this is about political calculations; and this is about 
the election.
  Mr. Speaker, do you want to talk about leadership?
  Right now, there is a real deal, a real counteroffer that is on the 
table: $150 billion more for education, $75 billion more for testing 
and tracing, $250 billion more for State and local government funding, 
$400 weekly enhanced unemployment insurance, $15 billion more in food 
assistance, and $60 billion more in rental and mortgage assistance. It 
actually adds up to $1.6 trillion, which is more than the House 
Democrats who are members of the Problem Solvers Caucus asked for. They 
asked for $1.5 trillion. This is a real counteroffer.
  Instead, what you are seeing, Mr. Speaker, is a political calculation 
that is getting made, and real lives are at stake. This is a serious 
offer that is on the table, and instead of sending this Chamber home 
and ending up with nothing, how about we do our jobs and cut a deal?
  This debate right now is exactly what the American public hates about 
Congress. They hate us for this kind of a debate. They want to see us 
working together, Republicans and Democrats, to cut a deal.
  We have a chair of the Appropriations Committee from New York. I view 
this as a New Yorker. She is a New Yorker. We have an MTA that needs 
money. Our State needs money. New York City, the Port Authority, and 
our local governments on the east end of Long Island, hey, we should be 
working together to get something done.

  This bill has poison pills in it that make this bill dead on arrival. 
There are certain pieces in here where we know this is never going to 
become law: stimulus checks for people who are not in our country 
legally, nationwide cashless bail, nationwide ballot harvesting, 
prohibition on voter ID, and releasing criminals from prison. None of 
that will ever become law.
  Why are we doing that when we have real lives, real people?
  Go talk to that person who works for the airline and they are being 
furloughed first thing this morning. They don't have a job to go to. Go 
to talk to the MTA, the largest mass transit system in the entire 
country. What they want us to do is to work together to get something 
done.
  The Speaker is staking her political capital on what benefits her the 
most politically, and what is crazy is that she benefits the most by 
having the highest death count. She is benefiting the most by having 
our economy suffering as much as possible.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. GRANGER. Mr. Speaker, I yield the gentleman from New York an 
additional 1 minute.
  Mr. ZELDIN. Mr. Speaker, this is the type of political calculation 
that my constituents absolutely hate. The Speaker's biggest decision, 
when we all go home and we go home without a deal, is picking between 
which of her expensive flavors of gourmet ice cream to eat or which 
closed-down salon to get her next blowout at; but for that furloughed 
airline worker, they are expecting us to get the job done.
  I will tell you what, Mr. Speaker. There is a real deal on the table, 
and right now, before we leave, I beg my colleagues--I see Congressman 
Espaillat here. He has been leading the charge on MTA funding. I thank 
the gentleman.
  We are all working together as Republicans and Democrats to get the 
victory over the finish line. This Chamber cannot leave without 
actually getting this done. I tell my Republican colleagues and my 
Democratic colleagues in the House and in the Senate: Do not leave 
without getting a deal done. This Heroes Act is dead on arrival, and we 
all know that.

                              {time}  1715

  Mrs. LOWEY. Mr. Speaker, I would address my friend from New York. 
Thank you for expressing the real needs of New York, and I do hope you 
will vote for this bill.
  Mr. Speaker, I yield 3 minutes to the gentleman from South Carolina 
(Mr. Clyburn), the majority whip.
  Mr. CLYBURN. Mr. Speaker, I thank the gentlewoman for yielding me the 
time.
  Mr. Speaker, the Select Committee on the Coronavirus Crisis has been 
working to ensure that our response to

[[Page H5421]]

this pandemic is effective, efficient, and equitable.
  The Heroes Act will make this outcome possible. The Select Committee 
has heard from public health experts that testing, tracing, and 
targeted containment are needed to safely reopen. This bill includes 
$75 billion for these public health measures.
  We heard from essential workers risking their lives, doing their jobs 
during this pandemic. Mayors of both political parties told us 
significant Federal assistance is needed to prevent sharp cuts to jobs 
and vital services.
  This bill includes $436 billion for State, local, territorial, and 
Tribal governments to support our heroes and those they serve. It 
protects workers by directing OSHA to issue an effective infection 
control standard.
  The Select Committee's investigations have found that PPP and other 
relief programs need to be improved to reach the most vulnerable 
businesses. The Heroes Act sets aside funds for the smallest 
businesses, struggling non-profits, and second loans to the businesses 
that have suffered the most. The bill would assist restaurants and 
airport concessionaires who have been especially hard hit.
  Educators and public health experts advised us how to safely reopen 
schools. This legislation provides robust funding to enable schools to 
educate students while minimizing health risks.
  Mr. Speaker, the current Federal Reserve chair and his two immediate 
predecessors told us that Congress must provide additional fiscal 
support for a strong recovery. This bill extends enhanced unemployment 
benefits, provides additional direct payments, expands food assistance, 
and provides housing support.
  Finally, voting rights advocates and infectious disease doctors 
alike, told the Select Committee that to ensure a free, fair, and safe 
election, we must follow science-based recommendations for expanded 
mail-in voting, early voting, and polling places. The Heroes Act 
provides the funds for election administration and the Postal Service 
needed to safeguard our democracy.
  Mr. Speaker, I always say that if the difference between me and an 
opponent on any issue requires five steps, I don't mind taking three of 
them. But I hope the other side will meet us by taking two.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Allen).
  Mr. ALLEN. Mr. Speaker, here we are once again debating a partisan 
messaging bill that will never become law. The Heroes Act 2.0 is the 
Democrat's costly attempt to appease their far-left base, and it comes 
with a $2.2 trillion price tag.
  To name just a few of the progressive provisions of this bill, their 
social wish list includes allowing illegal immigrants to receive direct 
stimulus payments, defunding the police, subsidizing ObamaCare, and 
removing safeguards that would prevent taxpayer money from bailing out 
Planned Parenthood.
  While American families, workers, and businesses are keeping their 
heads down working to revitalize our economy, Speaker Pelosi and the 
Democratic leadership are moving forward with a bill that largely has 
nothing to do in addressing the COVID-19 pandemic, and are ignoring 
moving forward legislation that could immediately support our small 
businesses.
  Thanks to the leadership of our Governor in my home State of Georgia, 
we are open for business and leading the Nation in economic recovery. 
Our biggest problem is that we do still have businesses that need help. 
But I hear from business leaders every day that we must stop this 
expanded unemployment because, as their requirements grow, they need 
their employees to come back to work.
  Our COVID cases are down 28 percent. Hospitalizations are down 60 
percent. But, yes, we still have businesses that need help. That is why 
I signed the discharge petition, right down there, to bring legislation 
to the floor to extend the Paycheck Protection Program, and I urge my 
colleagues to sign that so that we can get meaningful help to those 
businesses that need it.
  Mr. Speaker, I urge the Speaker to stop holding hostage critical 
assistance for our small businesses and oppose this partisan power 
grab.
  Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Florida (Ms. Wasserman Schultz), the chairwoman of the 
Military Construction, Veterans Affairs and Related Agencies 
Subcommittee.
  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentlewoman for 
yielding.
  Mr. Speaker, after four, long painful months, Senate Republicans 
continue to block the House-passed Heroes Act to provide coronavirus 
relief to the fed-up American people. Since May, thousands more 
businesses have folded, millions remain jobless, and U.S. deaths 
doubled to 200,000.
  Democrats have been negotiating in good faith. We were at $3 trillion 
for our original Heroes Act. We have asked the Republicans who were at 
$1 trillion to meet us halfway, and here we are, with them still stuck 
in the mud, refusing to do what the American people need us to do, to 
help make sure they can recover from this deadly viral pandemic.
  Sadly, Republicans think we are being too generous with the American 
people, so many of whom are struggling to stay healthy amid a global 
pandemic and pay their bills since the worst recession since the Great 
Depression. My Governor just let a moratorium on evictions expire. He 
just reopened the State to 100 percent capacity, as if the virus is not 
still rampaging through our State.
  Democrats offered this updated Heroes Act to defeat this virus and 
put money in the pockets of stressed Americans. It is way past time for 
Republicans to meet us halfway.

  This bill improves the Paycheck Protection Program for small 
businesses and non-profits and provides billions to local governments 
and schools.
  This bill funds testing and tracing, provides $1,200 in direct 
payments to Americans, extends $600--not $400--of Federal unemployment 
payments, and extends the vital Payroll Support Program for airline 
workers, thousands of whom were laid off starting today.
  It also funds daycare, spreads Affordable Care Act coverage, and 
bolsters housing and food assistance, while protecting our elections by 
strengthening the Census and the Postal Service.
  It does not go as far as Democrats would like--that is because we are 
here to compromise, because we know the American people need us to do 
that--but it goes a long way to offer what Americans desperately need 
right now. Republicans need to stop standing in the way of relief and 
come to the table so that we can send home a package that is going to 
take care of the American people in this dire time.
  Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Louisiana (Mr. Scalise), the Republican whip.
  Mr. SCALISE. Mr. Speaker, I rise today in opposition to this partisan 
bill that is not focused on helping families and small businesses. 
Everybody in this Chamber knows that this bill is going nowhere because 
they didn't even work with Republicans to try to draft a proposal that 
could actually address the needs of families who are struggling.
  There is a bill already filed at the door right over there, a bill 
that would help every small business, renew the Paycheck Protection 
Program using existing money--there are $138 billion frozen in an 
account that we unlock with Chabot's bill. Congressman Chabot has a 
bill with a discharge petition that would actually, in a bipartisan 
way, help small businesses go for a second round of Paycheck Protection 
funding.
  And what do we get? Do we get today a bill that was brought together 
by both sides to solve this problem?
  No, we don't.
  We have a bill that was drawn up basically using the old-failed 
roadmap of the original Heroes Act. Now they had the Heroes Act passed 
in a partisan way--it was never going to go anywhere--months ago.
  Did they say, okay, let's work with Republicans? Let's work with the 
President?
  No, they didn't. They said, Okay, we want to present a scaled-down 
bill.
  Mr. Speaker, when they scaled the bill down, did they cut the 
billions of dollars of funding to illegal immigrants that was in the 
original Heroes Act?
  No, they didn't.
  Did they cut the hundreds of billions of dollars that go to failed 
States,

[[Page H5422]]

States that had billion-dollar deficits prior to COVID?
  No, they kept that money.
  And in fact, if you look at the things that had nothing to do with 
COVID--for example, mandating that States that currently require 
picture IDs have to remove that, ballot harvesting, which we have seen 
in so many States, leads to voter fraud. That is what is in the 
original Heroes Act. That still remains in this bill. What does that 
have to do with COVID relief?
  And so if you look, take the original bill, the original Heroes Act 
had $600 million for police funding, community policing, things that 
have been proven effective to make our community safer, that was in the 
original Heroes Act. When they decided to cut--again, they didn't cut 
the billions for people here illegally, they still get cash payments if 
they are here illegally. They cut the police, zeroed out--$600 million 
defunding the police at a time when our communities need help. This was 
the original bill. The $600 million, it is gone. That is what they cut. 
They kept the illegal money, checks going to illegals.
  Everybody knows this bill is going nowhere because it is a partisan 
hack job.
  The SPEAKER pro tempore (Mr. Carson of Indiana). The time of the 
gentleman has expired.
  Ms. GRANGER. Mr. Speaker, I yield an additional 1 minute to the 
gentleman.
  Mr. SCALISE. Mr. Speaker, 23 Democrats, just a few days ago sent a 
letter to the Speaker saying, ``Passing a bipartisan COVID-19 relief 
package should be our number one priority in the coming days. It is our 
request that you continue to negotiate towards a bipartisan deal. 
Otherwise, a discharge petition is the only potential option for COVID-
19 related action. . . . '' That was 23 Democrats.
  Mr. Speaker, that is enough people, if they go down, right over there 
and sign that discharge petition, it will bring that bipartisan relief 
package bill to the floor, helping small businesses. We already helped 
millions of small businesses stay afloat with the original Paycheck 
Protection Program, an incredibly bipartisan success story that we came 
together to pass. Over 50 million jobs were saved by that.
  Mr. Speaker, we know now some of those businesses are doing better, 
but some of those businesses are still struggling, in fact, dying on 
the vine. And this bill will give them relief. They can go for a second 
round of relief requests, PPP funding with money that already exists, 
not $2.2 trillion borrowed from China.
  Let's pass a real bill, the Chabot bill. Let's reject this partisan 
exercise.
  Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, I am mindful today that the Major League Baseball 
playoffs are starting. While House Democrats are ready, once again, to 
step up to the plate and pass urgently needed relief for our 
constituents, Senate Republicans and the White House refuse to play 
ball. But sadly, unlike a ball game, their refusal will have deadly 
consequences.

  This updated, much-needed bill addresses the seriousness of both the 
public health crisis and the economic crisis American families are 
dealing with. It provides strong support for small businesses, non-
profits, and gives a lifeline to the struggling restaurant industry and 
independent live-venue operators.
  It gives additional assistance for airline industry workers, 
extending the Payroll Support Program, and adds more funds to bolster 
education and childcare.
  Living up to its name, Heroes 2.0 honors our heroes on the front line 
by providing assistance to State and local governments who desperately 
need funding to pay vital workers, like first responders and healthcare 
workers who are keeping us safe. It provides funds for coronavirus 
testing, tracing, and ensures every American can access free 
coronavirus treatment.
  These are not radical ideas. This is the basic responsibility to keep 
the American people healthy and safe.
  It provides additional direct payments with a more robust second 
round of economic stimulus checks of $1,200 per taxpayer and $500 per 
dependent.
  It ensures worker safety by requiring OSHA to issue a strong, 
enforceable standard for all workplaces to develop and implement 
infection control plans.
  And it protects Americans from losing their employer-provided health 
insurance by making unemployed Americans automatically eligible to 
receive the maximum ACA subsidy on the exchanges.

                              {time}  1730

  It restores the $600 weekly unemployment benefits through next 
January.
  It helps struggling families afford a safe place to live, assisting 
renters and homeowners make monthly rent, mortgage, and utility 
payments, preventing homelessness in the middle of a global health 
pandemic.
  It addresses rising hunger with an increase in maximum SNAP benefits.
  Finally, it safeguards our democracy with new resources to ensure 
safe elections, an accurate Census, and preserving the Postal Service.
  I have heard my Republican friends say these are radical, far-left 
ideas. These are core American responsibilities that we should address 
in a bipartisan way.
  We have met you halfway. That is the compromise. Your constituents 
are suffering. They need your help. Vote ``yes.''
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
North Carolina (Ms. Foxx), the ranking member of the Education and 
Labor Committee.
  Ms. FOXX of North Carolina. Mr. Speaker, our colleagues across the 
aisle try to convince Americans that this bill is a compromise and 
bipartisan. That is a joke, Mr. Speaker. Compromise, to Democrats, 
means do it their way.
  When it comes to spending taxpayer dollars, hard-earned money, 
though, the Democrats just can't seem to help themselves. The latest 
example is this $2.2 trillion socialist wish list, which is riddled 
with radical left priorities that are unrelated to the pandemic.
  For example, it props up failing pension plans for select community 
newspapers. What does this have to do with the COVID-19 pandemic? The 
newspaper industry has been in decline for decades, and these companies 
have had a longstanding inability to meet their pension obligations.
  The bill also forgives up to $10,000 of private student loan debt. 
Again, this does nothing to combat COVID-19. But massive loan 
forgiveness, despite the high cost to taxpayers, has long been a 
Democrat objective.
  So why are we considering this partisan scheme? Because come election 
day, Democrats are hoping to cash in on this bill's many empty 
promises.
  It is disingenuous and it is disappointing. We all must vote ``no.''
  Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Espaillat).
  Mr. ESPAILLAT. Mr. Speaker, the Heroes Act is what America needs. It 
is what my State of New York needs.
  Nearly $7 billion for public transportation, that is a compromise.
  Aid to struggling small businesses, including restaurants, that is a 
compromise.
  Billions of dollars to help schools operate safely and to help 
parents afford childcare and get back to work, that is a compromise.
  Another round of stimulus checks for the American people, that is a 
compromise, Mr. Speaker.
  Billions of dollars for emergency rental assistance as people face 
evictions and people don't know where they are going to get the money 
to pay their rent, they are backed up, that is a compromise.
  And, finally, Mr. Speaker, help for States and local government--not 
red States and blue States, all States. Last time I checked, it was all 
the United States of America. Let's help all the States. They are not 
getting the revenue that they need. That is a compromise.
  I said the last time we passed the Heroes Act back in May that it was 
a good thing. I say today that this is a real good thing, and it is a 
compromise.
  Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from 
South Carolina (Mr. Rice).
  Mr. RICE of South Carolina. Mr. Speaker, Democrats claim to be the

[[Page H5423]]

party of the little guy. It is easy to talk, but actions speak louder 
than words.
  Republicans have offered plan after plan to help ordinary people who 
need it and to help small businesses struggling to survive, businesses 
like the 1,700 restaurants along the Myrtle Beach Grand Strand back 
home that have been devastated by this pandemic. If Speaker Pelosi 
would allow a vote on any of these bills, they would pass the House and 
Senate easily, and folks back home would get the help they need.
  But Democrats have blocked every plan to help the little guy unless 
we also bail out broke blue States and restore the deduction for State 
and local taxes for millionaires and billionaires. You see, 90 percent 
of the benefit of the State tax deduction goes to earners in the top 10 
percent. Over 50 percent of the benefit goes to millionaires and 
billionaires in the top 1 percent, who don't need a bailout.
  Take Michael Bloomberg, for example. He made over $3.5 billion last 
year. Mr. Bloomberg works in New York City, which has a combined State 
and local income tax rate of 12.5 percent. That means restoring the 
State and local tax deduction would reduce Mr. Bloomberg's taxes by 
$160 million. That is right, Mr. Bloomberg would get a $160 million 
bailout.
  For months, the Democratic leadership has held back help for the 
little guy who desperately needs it as ransom unless we agree to give a 
bailout to billionaires like Michael Bloomberg, who would get an extra 
$160 million. Why would they do that?
  Remember in the Presidential debate when Michael Bloomberg bragged 
that he spent $100 million to buy 21 new Democrat seats and put Nancy 
Pelosi in charge? Now we know why.
  Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Green).
  Mr. GREEN of Texas. Mr. Speaker, how can one say you love the police 
but you won't fund the municipality that pays the police?
  How can you say that you want your children to be taught well in a 
safe environment, but you won't fund the bill that would fund the 
school system so that they can be taught well and be in a safe 
environment?
  How can you say you want your fires to be fought but you won't 
protect firefighters? This bill does that.
  Here is why you can't say you protect firefighters and would fund the 
police: It is because Senator McConnell has said, openly and 
notoriously, he would have the States go bankrupt.
  Bankruptcy is not the way to go for heroes, for firefighters, for 
police officers, for teachers.
  It is time to compromise. This is the bill to be voted on, not the 
one that is in your mind. Compromise, not the mind.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Grothman).
  Mr. GROTHMAN. Mr. Speaker, there are a lot of provisions in this bill 
that are offensive. My colleague, Congressman Rice, just pointed out 
the tax cut aimed primarily at the very wealthy. But I am going to 
focus on the $1,200.
  In my prior life, I used to be an estate planning attorney, and I 
would write out wills. People would come in to see me, and one of their 
goals was to leave a shot in the arm, leave something for the next 
generation, save up some money and give them part of a house, part of a 
bank account.
  In this bill, the $1,200 to everybody in the country, including 
people who do not need any extra assistance because of this, is a 
little bit offensive.
  I don't know who put together this bill, but kind of unlike the 
Greatest Generation that always wanted to leave a little more assets to 
their children and grandchildren, this bill lets everybody spend $1,200 
so they can leave increased debt to their children and grandchildren. I 
think that is a little bit embarrassing.
  The second thing that I would point out is that the $1,200 goes not 
just to American citizens but to illegal immigrants, and this is part 
of a scary trend around here. Whether you are talking about free 
medical care for illegal immigrants, welfare for illegal immigrants, 
or, now, $1,200 checks to illegal immigrants, it is just sending us 
down the wrong way and pretending we don't even have a country here at 
all.
  Not to mention, at least, when I went to my local Walmart, he said 
the last time you sent out these checks, there were huge amounts of 
increase in spending in the electronics department. So we are going to 
send the next generation further into debt so this generation can buy 
more, or at least part of this generation can buy more, electronic junk 
from China at Walmart.
  I just can't imagine what went on in the room when they put together 
this deal, but I am voting ``no'' tomorrow or later tonight.
  Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Lee), a senior member of the Appropriations Committee.
  Ms. LEE of California. Mr. Speaker, I thank the Chair for her 
tremendous leadership and that of her staff for getting us to this 
point on behalf of the American people and ensuring that we put forth a 
bill that will ensure that they know that we care about their health 
and economic security during this very serious moment.
  Also, I just want to thank Speaker Pelosi and Chairman Pallone for 
including language that will help reach communities disproportionately 
impacted by this deadly virus, as in the African-American, indigenous, 
Black and Brown community, the AAPI communities, and also treat them as 
partners to defeat COVID.
  Now, it has been 4\1/2\ months since the House passed the Heroes Act. 
Since January, over 200,000 people have died. People are terrified 
about keeping their families healthy and safe. They are terrified about 
keeping their jobs and their homes and their businesses. And, still, 
Republicans continue to block this critical relief from moving forward.
  Sadly, but not surprisingly, Black and Brown people are getting the 
worst of this. Forty thousand African Americans have died from COVID, 
one out of every five COVID deaths in America. Indigenous and Latinx 
people are each 50 percent more likely to die from COVID than White 
Americans. And 20 percent of all deaths in my district are from the 
AAPI community.
  It is clear that the President has no plan. That is why Democrats are 
taking action, to be sure that we have the robust national testing, 
tracing, and treatment efforts to reduce the transmission and the 
deaths that we are experiencing every day. All of us know people who 
have died from this horrific pandemic.
  Also, we were able to include funding for SNAP benefits, unemployment 
payments, childcare, and education, including funding for my own 
community in Alameda County.
  I am also pleased that the bill contains necessary contributions to 
the global efforts to fight COVID. This pandemic does not respect 
borders. We need to work with partners around the globe if we are going 
to get COVID under control.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mrs. LOWEY. Mr. Speaker, I yield an additional 1 minute to the 
gentlewoman from California.
  Mr. LEE of California. Mr. Speaker, let me also say how important it 
is that we really understand and recognize that this is a global 
pandemic and it knows no borders.
  This bill will also ramp up testing, contact tracing, and outreach to 
ensure that those communities most impacted are supported. It 
strengthens outreach to medically underserved communities. Again, Black 
and Brown and indigenous people have suffered the most from COVID.
  This bill will ensure that the testing and tracing efforts treat 
people of color as partners in engaging their communities.
  This is a health and economic pandemic of enormous proportions that 
we have never experienced in our lifetime. We must make sure that 
people have safe places to work and attend school. Their health and 
economic needs are addressed in this bill. We cannot have one without 
the other.
  So let's pass this comprehensive relief. Let's begin to try to heal 
our country. Please support this bill, and I ask for an ``aye'' vote.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I yield 1 minute to gentleman from Colorado 
(Mr. Neguse).
  Mr. NEGUSE. Mr. Speaker, I rise today in support of the updated 
Heroes Act.

[[Page H5424]]

  I want to thank House leadership and, of course, our distinguished 
chair of the Appropriations Committee, Chairwoman Lowey, for 
introducing this vital update.
  First, let me just say, look, we are all entitled to our own views 
and opinions in this Chamber, but we are not entitled to our own set of 
facts.
  As I have heard some of the comments from my friends on the other 
side of the aisle, I have been a bit confused because, as we all know, 
4 months ago, this Chamber passed, on a bipartisan basis, the Heroes 
Act, $3.4 trillion, to provide an economic lifeline to small business 
and working families struggling across this country.
  The Senate declared a so-called pause, decided that they would do 
nothing, wouldn't meet us halfway, wouldn't come talk to the House 
Democrats to try to reach a compromise bill. So we continued to get to 
work, and we put together an updated Heroes Act that is now a $2 
trillion bill that provides an economic lifeline to so many Americans 
across our great country.
  The fact that House Democrats continue to make every effort to work 
with anyone in good faith to deliver for the people of our country, in 
my view, is something that we should continue to pursue in this great 
Chamber.

                              {time}  1745

  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. LOWEY. Mr. Speaker, I yield an additional minute to the 
gentleman from Colorado (Mr. Neguse).
  Mr. NEGUSE. Mr. Speaker, I want to say one of the reasons I support 
this bill is because it includes significant relief for small 
businesses, which are the backbone of Colorado's economy.
  My Republican colleague and I,   John Curtis, introduced a bill just 
a few weeks ago to provide EIDL relief, essentially ensuring that we 
would exclude the EIDL advance when determining forgiveness for PPP 
loans.
  We have heard from countless business owners in my district, in Fort 
Collins and Loveland, who are struggling and who have told us that this 
provision would provide needed relief to ensure that they can continue 
to keep their businesses solvent, keep their doors open, serving the 
people of our great State of Colorado and, of course, my colleague, the 
State of Utah, and small business owners across the country.
  That provision is in this bill. It is in the updated Heroes Act, 
alongside so many other important provisions to help small businesses 
in our country recover.
  I say to my colleagues: Let's get this done. Let's pass this bill. 
Let's provide the relief that the American people are counting on us to 
provide.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I am pleased to yield 1 minute to the 
gentlewoman from Washington (Ms. Schrier).
  Ms. SCHRIER. Mr. Speaker, the people in my district continue to 
struggle with the economic effects of COVID-19. My constituents and 
small business owners will be so relieved to know that help that they 
need is one step closer to being here, including more assistance to 
small businesses, funding for childcare and education, enhanced 
unemployment benefits, and rental assistance.
  Several of my bills to help children and families have been included 
in this package as well, including increasing funding for child abuse 
prevention and more help fighting hunger and boosting access to fresh 
fruits and vegetables.
  Finally, as a doctor, I am very happy that my legislation to improve 
education about vaccines, including a future or many future COVID-19 
vaccines, is in this package. It is important that the American people 
feel confident that whatever vaccine does get approval, it is truly 
safe and effective, and that education begins now.
  Mr. Speaker, I urge my colleagues to support this bill.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I am delighted to yield 5 minutes to the 
gentlewoman from California (Ms. Waters), the chair of the Committee on 
Financial Services.
  Ms. WATERS. Mr. Speaker, I rise in strong support of the House 
amendment to H.R. 925, the updated version of the Heroes Act.
  Mr. Speaker, Democrats have been working every single day to respond 
to this pandemic and provide much-needed relief and protection for 
families across the country. 139 days ago, House Democrats voted to 
pass the Heroes Act. Unfortunately, President Trump, Mitch McConnell, 
and Senate Republicans have blocked the bill and prevented the 
essential relief the legislation provides from reaching our 
neighborhoods and our communities.
  Meanwhile, the Nation continues to suffer during this crisis. Even 
before this pandemic, over half a million people in the United States 
were experiencing homelessness, including more than 50,000 families 
with children. It is likely that this number has grown significantly 
due to the pandemic.
  We also continue to head toward a catastrophic eviction crisis as 
families struggle to pay rent and months of unpaid back rent pile up. 
Today, the rent is due, but an estimated 14.2 million renter households 
cannot pay it and are at risk of eviction and homelessness.
  In my State of California, there are 1.7 million renter households 
who are behind on rent and facing eviction. At the same time, more than 
8 million homeowners, including almost 780,000 homeowners in 
California, have already fallen behind on their mortgage payments. 
Making matters worse, over 1 million small businesses have closed.
  To address the ongoing crisis, the updated Heroes Act creates a $50 
billion emergency rental assistance fund and a $21 billion homeowner 
assistance fund, and it provides $5 billion in funding for homeless 
services providers.
  Through no fault of their own, millions of people are also unable to 
make payments on credit cards, car loans, and their mortgages or rent. 
By suspending negative credit reporting during the COVID-19 period, the 
Heroes Act ensures that these innocent consumers do not suffer further 
damage.
  The Heroes Act also suspends debt collection for consumers, small 
businesses, and nonprofits during this pandemic. Additionally, private 
student loan borrowers in economic distress, who are disproportionately 
people of color, will get up to $10,000 in debt relief under the bill.
  The Nation continues to face shortages of essential medical supplies 
and equipment. For example, our heroic healthcare workers are still 
reusing N95 respirator masks at a time when cases of COVID-19 continue 
to rise. The Heroes Act strengthens the Defense Production Act to 
supercharge the production of these supplies and works to ensure that 
funds are directed to alleviate those shortages.

  The updated Heroes Act also builds upon my efforts and those of 
members of my committee to remove barriers for Community Development 
Financial Institutions--that is, the CDFIs--and the minority depository 
institutions, better known as MDIs, trying to serve low-and moderate-
income communities during the pandemic.
  For example, the bill provides $15 billion in capital and other 
assistance for CDFIs and MDIs to bolster financing activity in minority 
communities, which have been hardest hit by this pandemic.
  Mr. Speaker, I am so pleased that the bill provides another round of 
stimulus payments for families and additional funding for small 
business, including $120 billion for restaurants and airport 
concessionaires.
  Importantly, the bill directs the Treasury Secretary to work with the 
global community to immediately provide $2 trillion in relief through 
the International Monetary Fund, which will immediately support 
developing countries that are experiencing some of the worst effects of 
COVID-19.
  Mr. Speaker, this bill isn't everything that is needed, but it is a 
good faith effort to bridge the gap in negotiations with our Republican 
colleagues. It is time for Republicans to stop blocking coronavirus 
relief and support this legislation.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, the American people cannot wait. Help 
is on the way, and the only thing I can ask from my Republican friends 
is to

[[Page H5425]]

take a walk in neighborhoods in their districts around the Nation where 
mothers and fathers are waiting on a disbursement needed to put food on 
their table.
  This $2.2 trillion bill is going to help businesses, nonprofits, and 
faith institutions with the PPP. It is going to give us protective 
equipment. Yes, the engine of our communities, small independent 
restaurants, are getting close to $120 billion; more funds to bolster 
education and childcare; schools that cannot open because they do not 
have the resources; money for testing--I have opened 33 testing sites 
in our neighborhoods; contact tracing, of course; making sure the 
cities' and counties' essential workers and hazard pay is paid.
  Is anyone asking the American people if they are suffering and need 
this resource to help them? To fight COVID-19, we have to stop the 
evictions; stop the foreclosures; give healthcare, clothes, food, and 
security; make sure we take care of small businesses, education; and 
give our people a lifeline.
  The American people can't wait. Now is the time to help them. Vote on 
the Heroes Act for this money and this relief.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I am delighted to yield 1 minute to the 
gentlemen from Illinois (Mr. Garcia).
  Mr. GARCIA of Illinois. Mr. Speaker, I want to thank Representative 
Lowey for this minute.
  Mr. Speaker, I rise in strong support of the revised Heroes Act 
because my community cannot wait.
  Schoolteachers, flight attendants, and working families are facing 
layoffs, and they need our help now.
  Tenants and homeowners facing evictions and homelessness need our 
support now.
  Immigrants with U.S.-born children and U.S. citizens who never 
received the stimulus check need our support now.
  We passed the Heroes Act 4\1/2\ months ago. Republicans in the Senate 
wouldn't even consider it. But this is a bill that we are offering as a 
compromise, and it is common ground because, just like my colleagues 
across the aisle, I am headed home to my constituents, and I don't want 
them to think that we failed them.
  House Democrats have done our jobs. We passed relief, and we are 
doing it again. It is the President and Senate Republicans who refuse 
to pass relief that have failed.
  Give the American people the relief that they need so urgently. I 
urge adoption.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I am delighted to yield 1 minute to the 
distinguished gentlewoman from California (Ms. Pelosi), the Speaker of 
the House.
  Ms. PELOSI. Mr. Speaker, I am honored to be on the floor today to 
support a bill brought to the floor by the distinguished chair of the 
Appropriations Committee, Nita Lowey from New York. Her service on that 
committee for decades has been a blessing to our country.
  I have seen firsthand her leadership for America's families, for our 
country, for our communities, and for our children. We have worked 
together on women's issues, HIV/AIDS, you name it, every subject, 
minority health issues and the rest.
  And here we are today with this legislation that is so needed for our 
country.
  It is really hard to understand what it is that people would oppose 
in the legislation. The Appropriations Committee has done a masterful 
job.
  You have been a maestro, Madam Chair, as well as your staff, for 
putting this legislation together.
  I am in Congress because of children. I am always here for the 
children. I wanted to start my comments by saying what this legislation 
would mean to a family of four.

                              {time}  1800

  This is a lifeline for workers and families who are facing this 
coronavirus disaster. For a family of four earning $24,000, Heroes 2 
would mean direct payments, a $3,400 direct payment; unemployment 
benefits of $600 per week in enhanced UI benefits; tax credits up to 
$5,920 through the EITC, and a fully refundable $4,000 tax credit, 
equaling an additional $1,200 in refunds.
  I mention that because some have said: Why don't you like this other 
bill and that bill? None of that that I just said, the tax credits, the 
earned income tax credit, the fully refundable child tax credit, none 
of that is in any of the Republican bills. None of the bills that you 
have seen other than this bill has that consideration for children.
  So when people say: Well, why don't you take a half a loaf? Because 
the children need more than the heel of a loaf of bread. They need the 
best we can do for them.
  It has an increase in SNAP benefits, an increase of $100 a month in 
most States, plus rental assistance and the ACA premium subsidy. This 
gives immediate eligibility for parents losing their jobs for the 
maximum health insurance premium subsidy under the Affordable Care Act, 
a benefit worth $1,386 per month.
  Now, we can't do everything in a bill that is coronavirus focused. We 
have challenges in our country that we must address in a bigger way. 
But what we have here is coronavirus-centric, and that is important to 
note because people are suffering in a different way. Many of these 
families are food insecure. Millions of children in our country are 
food insecure, and this Heroes Act addresses some of that.
  So in addition to thanking Nita Lowey for her leadership, I salute  
Bobby Scott for our children and for our workers. We want our children 
to go back to school. We want them to do so in a way that is safe. And  
Bobby Scott has provisions in here for that, whether it is actually in 
school, whether it is virtual, whether it is hybrid, or whether it 
calls for the ventilation that is needed.
  And, again, for their fathers and mothers to go to work in a safe 
atmosphere by having strong OSHA language in here to protect workers. 
That is not in the Republican bill. That is not in the Republican bill.
  We can come to terms on money, but the language is what is important.
  The Energy and Commerce Committee chairman, Frank Pallone, 4\1/2\ 
months ago, and even before that, proposed a strategic plan that I am 
sure he will talk about, and I thank him for that, a strategic plan in 
order to crush the virus.
  The Republicans want to crush the Affordable Care Act in a time of a 
pandemic, going into the Supreme Court to crush the Affordable Care 
Act. Why don't we just come together, crush the virus? We can open our 
economy and our schools in a safe way.
  And I thank you, Chairman Pallone, for your leadership.
  The Natural Resources Committee, Chairman Raul Grijalva, what he has 
in the legislation is so important, especially addressing the needs of 
our Tribal communities in our country, which are so disproportionately 
affected by the coronavirus. I thank him for his leadership that in so 
many ways is in the legislation, but that being such an essential 
piece.
  I thank the Oversight Committee chairwoman, Carolyn Maloney, for her 
leadership for the Postal Service, and I think we have finally gotten 
the message across on the Postal Service. Hopefully, we will get some 
cooperation there.
  But not yet on the Census. The Census is so important. It is the life 
blood of who we are, the DNA of America, the people, and we are having 
a problem with that. It is not even about money. It is about policy. So 
I thank Representative Maloney for her ongoing leadership, 4 years 
culminating in this legislation now.
  Small Business Committee Chairwoman Nydia Velazquez, so 
knowledgeable, for decades the chair or ranking member of the Small 
Business Committee. She knows about women and minority-owned 
businesses, and the most optimistic thing a person can do is to, I say, 
plant a flag for a small business.
  How more optimistic can you be than to start a business? Perhaps, get 
married, but you kind of know what your risks are there.
  But a small business, so needed the help in here for PPP, other help 
for hospitals--excuse me, for restaurants. Hospitals are in Mr. 
Pallone's section of the bill and the language for the healthcare 
providers is there.
  But back to Nydia Velazquez. This is a big piece of the bill.

[[Page H5426]]

  So what do we do for PPP? What do we do for restaurants? What do we 
do for arenas, small spaces around the country for entertainment and 
bringing people together--spatially distanced, of course. How do we 
balance all of this?
  That is language that we are trying to resolve in our negotiations. I 
am optimistic that we can get there, but we couldn't do the best job 
possible without the leadership of Nydia Velazquez.
  The Veterans' Affairs Committee, I thank Mark Takano for his 
important work for our veterans and the resources we have in the bill 
for our veterans.
  Ways and Means Committee Chairman Richie Neal just has been brilliant 
in how we put money in people's pockets with direct payments and some 
of the other tax provisions that I talked about earlier for children 
that have no reference in the Republican bill as far as the children 
are concerned. And, again, my top priority is the children.
  I thank Peter DeFazio, the chair of the Transportation and 
Infrastructure Committee for his leadership and having the language in 
here, not just for the airlines, which is very, very important, and 
that is important because it is an essential--it is important, but 
people should know, when they say, ``Well, why should we help airline 
employees?'' well, we do because they have to have special 
certifications and special security clearances and the rest. If they 
lose a job and come back, it is months before they can come back, not 
like any other industry. So that is important.

  But Mr. DeFazio also has an important chunk of money in the bill for 
transportation, writ large and some other ways, that is urgent and 
coronavirus connected. And that is very important, as well, and I thank 
him for his leadership in that regard.
  But read the bill. I salute the chairs. This is about having 
scientific, institutional, academic bases for the amount of money that 
we are asking for.
  We had a bigger bill, 3.4. The other side said: We are not going 
there.
  So we came down a trillion dollars.
  No, not yet.
  We came down another $200 billion, not by violating any of our 
priorities, but by shortening the time, just shortening the timeframe 
and moving some issues to the other arena that Madam Chair works in and 
that are in our regular appropriations bills as we go forward.
  So this is really important. One bill is not as good as another.
  Why not take something instead of nothing?
  Why should that be the standard for America's children? We have to 
fight for the best that we can get for them, and I feel certain that we 
will have a level of success. People have to know.
  One of the problems that I have, the difference between the Democrats 
and the Republicans on this issue is, in the Republican bill, they have 
a $150 billion benefit for some of the wealthiest people in our 
country--$150 billion.
  In our bill, we strive to have $149 billion for our children for the 
earned income tax credit, for full refundability and the rest.
  No.
  So we took it down to $54 billion, and it was still waiting to see if 
we get acceptance of that.
  $150 billion for the wealthiest people in America, tax, net operating 
loss.
  149 for America's working families, no. We took it down to 54. We 
took off $100 billion to gain agreement.
  This is not just a money debate and a language debate; it is a values 
debate. It is important for people to know what this fight is about.
  So it is called the Heroes Act, and it is called the Heroes Act 
because we are honoring our heroes. Everybody wants to wave and have 
cutouts at the game and all that. Honor our heroes by making sure they 
have their jobs.
  These are our healthcare workers, our police and fire first 
responders, our teachers, our transportation, our sanitation, our food 
workers and the rest who make our lives function. We couldn't do what 
we do without them doing what they are doing. Many of them are risking 
their lives to save lives, and now they may lose their jobs.
  Why?
  Let the States go bankrupt. That is what Mitch McConnell said. Let 
the States go bankrupt.
  And what did the President say? Well, those blue States, why should 
we send them any money?
  Because the people have needs, and we have to meet them.
  We lose all ability to thank them if we say: That is nice, but we 
don't care if you lose your job. You can go on unemployment insurance.
  What have we accomplished? We have diminished the services to people, 
probably raise taxes in some of these places, and people lose their 
jobs. Over a million, closer to a million and a half of State and 
locals have lost their jobs already, and it is predicted that 3\1/2\ 
million more will lose their jobs if we don't act on this.
  So this is an important pillar of this bill, supporting State and 
local government. That is one of the areas that we are, shall we say, 
negotiating.
  Next, crush the virus. Mr. Pallone has a plan. Crush the virus so 
that we can again open our schools, our businesses, our economy. And we 
are long overdue.
  Well, this bill is 4\1/2\ months old because, at the time we passed 
it, the leader in the Senate, Mr. McConnell, pushed the pause button. 
He pushed the pause button. We have got to wait and see.
  Since that time, over 100,000 people have died. Hundreds of thousands 
have become infected because he pushed the pause button and said: Let 
the States go bankrupt.
  So this is why we come here today, to debate policy on how we think 
we can best meet the needs of the American people. And we think we can 
best meet the needs of the American people with the provisions in this 
bill. I thought it was really important for us to formally put forth 
the work of our chairs, which is excellent, which meets the needs of 
the people.
  Representative Waters, you heard from her earlier. Families are on 
the verge of eviction. Families on the verge of eviction get support in 
this legislation.
  People who can't pay their mortgages are helped in this legislation. 
I thank Chairwoman Waters for that as well. It is her work on the 
restaurant legislation to help many more small businesses get help from 
this legislation.
  This is a tall order.
  People say, well, we should have a skinny package. No, we don't have 
a skinny problem; we have got a massive problem.
  Now, you don't believe so much more in the role of government than we 
do. Let's come together, find our common ground, but let's not just say 
let the children pay the price because we want to have a bipartisan 
bill.
  No, we don't want the children to pay the price so we can have a 
bipartisan bill. We want to have a bipartisan bill that supports the 
children. I feel confident that we can do that.
  But we can't do that if we take the path of least resistance and just 
say let's do whatever they put forth. That is doing their bill. That is 
not doing the people's work.
  So, again, over 200,000 people, we know 207,000 people have already 
died, more than 7 million affected. A million people in the world have 
died.
  We have legislation because of Chairwoman Lowey's expertise, respect 
in the world. We have provisions in the bill that affect our 
relationship in terms of how we fight the COVID virus globally, because 
none of us is safe unless we make sure that all of us are safe.
  So I urge a ``yes'' vote on this legislation. It goes a long way to 
doing what we need to do. It sets an example that, as I say, we cut a 
lot out by just cutting the time on it. Pretty soon, we will have to 
have legislation again. That will be probably next year. And this 
legislation goes to early next year rather than later next year, but 
the timing is really important to do it now. It is long overdue. It is 
what this country needs.
  And, again, I say thank you to our heroes. We thank you by making 
sure you have the job, the benefits, and the rest that you have earned, 
and by not just giving you empty gratitude but the gratitude of 
supporting you and the important roles that you play in our lives with 
assurance that you will have your job as you risk your lives to save 
lives.

                              {time}  1815

  Your children will be able to go to school safely whether it is 
virtual, actual, or a hybrid, and when they do

[[Page H5427]]

that, they will do so in a way that we have enabled, because education 
has some funds in here, but without State and local, the education 
function cannot be borne out to its fullest extent.
  Mr. Speaker, again, I thank the distinguished chairwoman for yielding 
me the time. I have great excitement because of the work of our chairs 
about the quality of this legislation and the necessity that we come as 
close to it in a negotiation for the children.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro), the chair of the Labor, Health and Human 
Services, Education, and Related Agencies Subcommittee, and a 
hardworking, distinguished leader on all these issues.
  Ms. DeLAURO. Mr. Speaker, the people of Connecticut and of the United 
States deserve no less than the full support of the Federal Government 
to get them to the dawn of a recovery.
  While the House passed a comprehensive bill for the American people 
back in May, the Senate has failed to act. So we advanced this $2.2 
trillion package that includes $2.7 billion for Connecticut to protect 
lives, livelihoods, and the life of our democracy.
  As chair of the Labor, Health and Human Services, Education, and 
Related Agencies Appropriations Subcommittee, I am proud of the 
investments here for patients, working people, children, seniors, and 
public education.
  For health, we provide $75 billion for coronavirus testing, contact 
tracing, and isolation measures, and $28 billion for a safe and 
effective vaccine.
  For working people, we must save jobs, protect workers and their 
families, so we strengthen, expand, and protect emergency paid leave. 
We restore the expanded $600 unemployment benefit through the end of 
January. And we continue to support work share programs.
  For children and families, we must not allow a generation to be lost 
or to let their bright futures darken. We provide $182 billion for K-12 
education, nearly $39 billion for post-secondary; along with the Child 
Care Is Essential Act, which I introduced with Chairman  Bobby Scott, 
for $15 billion to save the childcare industry; and then my legislation 
to make the child tax credit fully refundable, to make it accessible to 
all, including the one-third previously excluded, including half of 
Black and Latinx children.
  I am proud of the provisions to increase the maximum SNAP benefit by 
15 percent, to aid nutrition programs, food banks, farmers and 
producers, as well as small businesses and restaurants.
  Mr. Speaker, let us put politics second and let us put people first. 
Let us vote ``yes'' on this relief bill for the people of this country, 
for the seniors, for the children, and those who every day are looking 
toward the Federal Government because they are in desperate shape and 
they need our help. They need this legislation.
  Ms. GRANGER. Mr. Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Hoyer), the distinguished majority leader.
  Mr. HOYER. Mr. Speaker, we live in an interesting age.
  I rise in strong support of this legislation.
  I have heard my Republican friends lament the fact that we have 
things in this bill that they don't like and apparently that the Senate 
doesn't like. I have been here long enough to know and to serve when 
the Republicans were in charge.
  They passed bill after bill with partisan provisions that they knew 
President Obama wouldn't sign and that could not pass the United States 
Senate because they couldn't get enough Democrats to get to 60 votes. 
They knew that.
  So both sides pass legislation that they think is good, 
notwithstanding the fact that the other side does not agree with some 
of the provisions in the bill.
  But, Mr. Speaker, this bill responds to the needs of the American 
people at a time of crisis. The House passed the Heroes Act more than 
4\1/2\ months ago.
  Normally what would happen is when a bill goes to the Senate, they 
would pass a bill of their own unless they believed: Ladies and 
gentlemen of America, you are on your own. And States, as Senator 
McConnell said, you can go bankrupt.
  The minority leader of this House said: Let's wait and see what 
happens.
  And we waited and we waited and we waited, and 120,000 additional 
Americans have died since May 15.
  How long are we going to wait?
  The House did its job in May for the American people, yet the 
Republican Senate and President Trump have still not done theirs.
  They talk about compromise on that side of the aisle and working 
together. So what did the Republican leader of the Senate do? There was 
a trillion-dollar offer on the table, so he came back with a compromise 
and cut it in half to $500 billion. And the only reason that bill got a 
majority of Republicans in the United States Senate--it didn't get a 
majority of the United States Senate; it did, because there are enough 
Republicans--is because they thought it wouldn't go anywhere, it was a 
message bill. That is the only reason it passed with 51. It didn't 
pass, of course, because it needed 60.
  Now, let me tell you what John Boehner did and what Paul Ryan did 
when the Freedom Caucus wouldn't give them the votes, Mr. Speaker, for 
the Republicans to pass legislation that they knew was needed, the debt 
limit, fiscal bills. They knew they were needed. So what did John 
Boehner do? He walked across the aisle, talked to the Speaker, talked 
to me, and said, ``We need some votes,'' and we made a deal.
  The ranking member of the Appropriations Committee is one of those 
people who wants the House to work. I am a friend of hers and I respect 
her, because she is a Member that I have experienced who wants to make 
it work.

  But Senator McConnell doesn't walk across the aisle and say, Let's 
make a compromise.
  So don't preach at us, Mr. Speaker. Don't preach at us about reaching 
across the aisle. We have seen tax bills that slam bam, there it goes, 
and so you come up with a bill.
  Negotiations are ongoing right now. And I want to congratulate the 
Speaker of the House. She has been in Washington more than any of the 
rest of us in the last 6 months--I know that, because I talk to her on 
a regular basis--trying to get this to work, trying to make a deal.
  Mr. Speaker, I applaud Secretary Mnuchin. There are some others who 
don't make deals, and who have a history of not making deals and have a 
history of undermining deals that Paul Ryan wanted to make or that John 
Boehner wanted to make. Not Democrats.
  But negotiations are continuing, and I hope we will reach a 
bipartisan agreement.
  Frankly, if we had reached a bipartisan agreement yesterday, we would 
not have this bill on the floor. If we had reached it the day before or 
the day before, we wouldn't have this bill on the floor, because we 
know we want a bill signed.
  But we also know we want to let the American people know where we 
stand, not for just one bill that helps this group or that group or the 
other group, but all Americans who are suffering and are at risk. So we 
believe that this bill is a reasonable compromise.
  That is why today we will pass a bill that achieves the goals of the 
Heroes Act and represents a reasonable compromise.
  Some people, Mr. Speaker, are saying to themselves, This isn't 
reasonable.
  Remember, McConnell goes from $1 trillion down to half a trillion, 
which clearly did not cover the needs. Every economist tells us that.
  Notwithstanding the passage of this bill, House Democrats will 
continue to negotiate to reach the kind of bipartisan agreement that we 
believe is necessary to help Americans get through this crisis. The 
airlines need the money now, and we ought to be that close.
  But our position is clear. The Federal Government cannot shirk its 
responsibilities to the people it serves, not just some of the people.
  We have in this bill the help for small businesses that people on 
that side of the aisle have been talking about. We are talking about 
it. They need it.
  It includes support for State, local, Tribal, and territorial 
governments.
  I have a letter here--and letters can be sent from the National 
Governors

[[Page H5428]]

Association only if they are unanimous--which says: ``Every major 
economist, regardless of party or ideological bent, came to the same 
conclusion after the 2007-2009 financial crisis: The lack of support 
for State and local governments slowed the Nation's economic growth for 
more than a decade. As we begin to recover and rebuild from the COVID-
19 crisis''--unanimously, Republican and Democratic Governors--``we 
cannot afford to repeat the mistakes of the past,'' i.e., not giving 
aid to State and local governments.
  That is what the Governors are saying, all of them, Republican and 
Democrat.
  My Governor is a Republican. His name is Hogan. His father served 
here in the House of Representatives. He is one of those who came up, 
with Mr. Cuomo, with the amount of money that was needed by State and 
local governments.
  Why do we aid State and local governments? Because they hire police. 
We hear about defunding police. They are hemorrhaging revenues and they 
cannot support the personnel they have, the police, fire, emergency 
medical response teams, sanitation workers, nurses at public hospitals. 
All of these State and local governments are critical if we are going 
to solve the economic problem and the COVID-19 problem.
  While the Heroes Act provided the level of fiscal support unanimously 
recommended by the National Governors Association--I want to repeat 
that. This is not a Democratic idea. Unanimously, the Governors of our 
States, red and blue States, said we need this money--this bill 
recognizes the reality that--faced with a Senate Republican leader who 
suggested that the States go bankrupt--that level might not be 
possible.
  So we reduced that sum in half, cut out $1 trillion of the proposal 
we thought had merit; actually, $1.2 trillion.
  So we offer a compromise: 1 year of funding, cutting in half that 
which was in the Heroes Act, yet still sufficient to get us into next 
year.
  This legislation renews the expanded emergency unemployment insurance 
benefits that millions of people are relying on.
  And by the way, it goes to them, but what do they do with it, Mr. 
Speaker? They spend it in the economy at those small businesses that 
Republicans are worried about, that all of us are worried about.
  When we give a family the sustenance that they need to support 
themselves and the family, they go spend it where? Small businesses and 
large businesses.
  We give that $600 a week through the end of January 2021, which will 
help small businesses and the general economy.
  It will provide another round of direct payments to Americans of 
$1,200 for each individual adult and $500 to eligible dependents to 
help families make ends meet.

                              {time}  1830

  I think all of you have voted--it might have been a voice vote on the 
CARES Act, but everybody voted for it. And we are making sure college 
students aren't left out.
  Our bill offers a second round of the Paycheck Protection Program to 
help small businesses remain viable through the pandemic and includes 
additional support for workers in the airline, restaurant, and live-
entertainment industries. It covers a whole lot of folks who need help.
  For 4\1/2\ months after we passed the bill, the Senate has not sent 
us a single piece of legislation, not a single piece because Senator 
McConnell will not compromise so he can get votes from the Democrats, 
which he needs to pass a bill, just as John Boehner and Paul Ryan 
crossed the aisle because they needed the votes for bills they thought 
were critically important for our country.
  To help reopen the economy safely, the bill also includes $75 billion 
for testing, contact tracing, and other public health initiatives.
  And it provides a lifeline to the Postal Service. Now, I know that 
may be objectionable to some people because they may want to see the 
mail delayed, for whatever reasons.
  I want to thank Chairwoman Lowey of the Appropriations Committee and 
all the other chairs and members of all of our committees who worked 
hard on this legislation. It includes input and contributions from many 
Members, including many of our outstanding freshmen.
  This bill represents a substantial reduction, a 35 percent reduction. 
I tell my friends who served on the Appropriations Committee with me, 
if I was in charge and we wanted to make a deal and I said, ``Well, I 
will come down 35 percent,'' they would have taken it like that.
  It is approximately the level of funding--somebody mentioned $2.2 
trillion. The CARES Act was $2.2 trillion, and all of you voted for it. 
It was a voice vote, unanimous. I don't know specifically whether you 
were here or whether you would say, ``No, no. Silently, I voted no.'' 
Nobody voted against it, $2.2 trillion.
  It is extraordinary the amount of money we are spending, Mr. Speaker. 
But then again, no one in this body, of whatever age, has experienced 
the crisis that America has found itself in over the last 8 months--no 
one.
  Every economist said it required that kind of response, and that is 
why we voted for four bills in a bipartisan way. But then the 
leadership on the other side of the aisle, Mr. Speaker, said: Let's 
wait and see what happens.
  And, as I said: 120,000 people have died. That is what happened.
  We passed an emergency supplemental appropriations bill, 415-2. We 
passed the Families First Act, 363-40. We passed the CARES Act by voice 
vote. Nobody voted against it, at least audibly. And the Paycheck 
Protection Program and Healthcare Enhancement Act was passed by the 
House on April 23 by a vote of 383-5.
  What has changed? The politics have changed.
  The needs, Mr. Speaker, have not changed. All four of those bills 
passed the Senate and were signed into law. Some passed by unanimous 
consent by the United States Senate.
  I urge President Trump and Senate Republicans to work with us to 
reach bipartisan agreement without further delay.
  Yes, we have differences. But we have great needs, and I agree with 
those on the other side of the aisle and on this side of the aisle who 
said we must meet those needs if we are going to keep our economy 
going, keep our families intact, and make sure that we have jobs for 
the future.
  Millions of American families, workers, and small business owners are 
looking to Congress for help.
  Let us, Mr. Speaker, come together, as we have four times came 
together overwhelmingly and said--not this is a lot of money. It is a 
lot of money. I am boggled by the figures that we are dealing with. But 
I am also boggled by the challenge that we confront.
  This bill represents a significant compromise, while addressing the 
priorities we share.
  Mr. Speaker, I hope we can show the American people that we can come 
together to govern responsibly in this crisis and provide much-needed 
relief to the people we serve.
  People pick out individual items in this bill and, unfortunately, 
deeply mischaracterize some of them. Fake facts are being debated on 
this floor, Mr. Speaker. I don't have the time to go into all those 
fake facts.
  One of them, though, was that we are defunding the police. There was 
$600 million in the COPS program in the Heroes bill. Then, 
subsequently, we passed an appropriations bill at $343 million.
  By the way, the Senate hasn't passed a single bill to fund anything--
anything--Mr. Speaker.
  What did the President do? The President zero-funded--if you will 
check your budget--zero-funded the COPS program. Zero-funded it. Check 
it out.
  Mr. Speaker, I urge my colleagues to vote for this bill, and I 
guarantee you that we are going to continue tomorrow and tomorrow and 
tomorrow to try to get an agreement that we can pass in the House and 
the Senate, and that the President will sign, because we understand the 
American people are in need. That is what this bill does, responds to 
them.
  If the Senate doesn't like it, have them pass a bill. Let us go to 
conference. Let's get it done. We will be here to do it every day.

[[Page H5429]]

  

  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. Gonzalez).
  Mr. GONZALEZ of Ohio. Mr. Speaker, I rise in opposition to the 
legislation before us today.
  The gentleman was referencing the budget. We are still waiting for 
his budget. We will take it whenever he is ready.
  Let's be clear about what we are doing today. We are going to be 
voting on a piece of legislation that was not negotiated, will be dead 
on arrival in the Senate, and will do nothing for the millions of 
Americans who are relying on this body to find a solution.

  This bill before us today is about wanting the politics of the issue 
more than results. This is a bill that rejects $1.7 trillion in 
bipartisan COVID aid that will help families navigate some of the most 
difficult moments of their lives in favor of zero dollars that will 
help absolutely no one except for a handful of politicians who want the 
message more than the result. What a disgrace.
  The sad truth is my colleagues know exactly what they are doing. How, 
in good faith, could they say that this legislation, which takes steps 
to federalize U.S. elections, that provides a tax break for 
millionaires and billionaires in blue States--that is right--and 
directs ICE to release individuals in custody, is an attempt to help 
their constituents, knowing full well that these provisions will not be 
signed into law?
  Just this morning, the Speaker of the House said that we are not only 
having a dollars debate, but we are having a values debate. Well, I 
have heard from the people of Ohio's 16th District and many around the 
country about what they value since this pandemic broke out.
  My constituents value a Congress that puts the people over the 
politics. They value a Congress that could care less about which party 
wins or loses an election, so long as, in their greatest moment of 
need, their government is there for them.
  The people are sick and tired of watching this town fight like cats 
and dogs over who ``wins'' the day. They want to win, and they win when 
we do our job. That is not what is happening today, and the American 
people are rightly disgusted.
  Just 2 weeks ago, my colleagues from the Problem Solvers Caucus, with 
25 members from each side of the aisle, put forward a proposal that 
showed that we can and should work together on a proposal that keeps 
our small businesses open, protects our children and schools, helps 
those who are still unemployed, and offers additional aid to States and 
localities.
  I heard from people across all sides of the political spectrum that 
this caucus and our package gave them hope that Congress could actually 
do something for a change. Yet, here we are.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. GRANGER. Mr. Speaker, I yield the gentleman from Ohio an 
additional 1 minute.
  Mr. GONZALEZ of Ohio. Yet, here we are, ready to let down the people 
we serve yet again.
  Despite all of this, there remains a path forward to a solution, but 
it will take leadership on both sides of the aisle to cast aside their 
partisan hats and negotiate in good faith.
  Let me be clear in saying that leadership doesn't need to just come 
from our elected party leaders. Each Member of the House has a say in 
how they choose to vote today. A ``yes'' vote is for the status quo, 
political messaging, and nothing for the American people. A ``no'' vote 
is a recognition that there is more work to be done and that there is 
still an opportunity for us to act in the best interest of our 
constituents.
  We have to deliver. It is time.
  Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 5 minutes to the 
distinguished gentleman from New Jersey (Mr. Pallone), the chairman of 
the Committee on Energy and Commerce, a member of my class in the 
Congress.
  Mr. PALLONE. Mr. Speaker, I want to thank the chairwoman and commend 
her for putting together a bill which, while it reduces the amount of 
money from the original Heroes Act, in my opinion, because of the 
lessons we have learned in the last few weeks, improves the Heroes Act 
because of what we have learned.
  I know that is not an easy task, Madam Chair. I know that is not an 
easy task, what you have accomplished here today, so I want to 
congratulate you.
  I also want to say, in response to my colleague on the other side 
from Ohio, this is a serious attempt to put something forward that we 
believe that the Republicans can support. Now, maybe they are not going 
to do it today.
  But I just want to say that our Speaker--when I say ``our,'' I mean 
the Speaker, because she is, you know, the Speaker for the entire House 
and the entire country--has worked so hard over the last few weeks and 
months to try to come together with the Republicans. She just met 
yesterday, and maybe even today again, with Mr. Mnuchin from the White 
House.
  To suggest in any way that this is anything other than a serious 
attempt by Democrats to put forward something that we think the 
Republicans can ultimately adopt, or come close to what they would 
ultimately support, I think is unfortunate because that is what we are 
doing here today.
  I want to go back to what Speaker Pelosi said earlier when she said 
that what we are really trying to do is crush the virus, and I want to 
talk about that because much of that language that would accomplish 
that comes from the Energy and Commerce Committee that I chair.
  This is the United States of America. I know we are elected from 
individual districts, but we come here to represent the whole country. 
The fact of the matter is the only way that we can crush this virus and 
end this pandemic is if we work together on a national level to 
accomplish it.
  So what we say in the Heroes Act, both the old one and the new one, 
is that we need a national plan, and we need a way to bring forth that 
national plan.
  What is happening now is every State competes. I get so mad when I 
watch the TV and they say Ohio is doing better this week, or New Jersey 
is doing worse this week. That is not what this is about.
  This has to be a united effort. It is the United States of America. 
And that is not what we have right now because each State is competing, 
competing for testing, competing for medical supplies, deciding on 
an individual basis. The hospitals even compete between themselves, and 
that is not the way it should be.

  What we say in the Heroes Act, and it is carried forth again in this 
legislation today, is a national plan, someone in charge at a national 
level--I will call it a supply czar for the supply chain--that sets 
parameters, if you will, for how to crush the virus, guidelines for the 
schools, for how you should wear a mask, not necessarily all the 
details, but essentially a national plan, and then delivers the testing 
supplies, the medical supplies, and, ultimately, the vaccine.
  One of the things that is such an improvement in this bill is not 
only do we continue the $75 billion for testing and contact tracing and 
quarantine, but we also provide another $25 or $26 billion for 
distribution, development, and awareness of the vaccine when it is 
eventually developed because, again, this has to be done equitably. It 
has to be done nationally. That is what I really want to stress today.
  I don't necessarily need to use all my time, Madam Speaker, because I 
want to stress that we have to do this together, and that is what this 
bill puts forward.
  Let me just say, in addition to that, because I do want to mention a 
few other things, we have $2 billion in new funding to get essential 
workers their protective personal and work equipment that they need.
  We also have new provisions to address insurance companies declining 
to cover COVID testing. In the CARES Act, we said that everyone should 
be able to get a test for free, no out-of-pocket expense.
  The bill extends that to the treatment, to the drugs and the vaccine. 
But the insurance companies, in many cases, are not doing that. So we 
want to make it quite clear that they have to cover it free, and there 
is no out-of-pocket expense. And that would be true for the treatment; 
that would be true for the vaccination as well.
  Again, we are one country. I can't stress that enough.
  Now, the other thing that is a major problem, and I want to mention 
it

[[Page H5430]]

briefly, is the ability to connect to the internet because the bottom 
line right now is if you are not in school and you are learning 
remotely, or you are working remotely, you need to have an internet 
connection.

                              {time}  1845

  There is a lot of inequality with that around the country, too, so 
the legislation addresses the digital divide by providing $12 billion 
to schools and libraries for distance learning, for remote learning.
  We also continue to help low-income households afford internet 
service by saying they have to have a discount for service by $50 a 
month. We have to continue and enhance the lifeline program, which 
helps people of low income pay the bills for those internet 
connections.
  The last thing I want to mention also is that, finally, we also 
prevent the shutoffs for any kind of utilities, water service, and 
other shutoffs, because that is important as well.
  So I thank the chair again for the time.
  Ms. GRANGER. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. McCarthy), who is the Republican leader.
  Mr. McCARTHY. Mr. Speaker, I thank the gentlewoman for yielding.
  I just listened to the last speaker, Mr. Speaker. He said that he had 
a bill that he thought and hoped maybe the Republicans could support, 
and he used the word, ``united.''
  Do you know the easiest way to know if the Republicans support it? 
Ask them. Let them in the room. Actually work with them. That is 
probably a quicker way. The united part is a little difficult if you 
want to unite people and you leave them out.
  So let me recap. Having been the leader on this side of the aisle and 
having worked on numerous COVID relief bills, let's recap what we have 
gone through each and every time we try to bring America relief.
  Mr. Speaker, do you know what? Let's not take my word for it. Let's 
just read the headlines. I think that will work best.
  March 22, The New York Times: ``Emergency Economic Rescue Plan in 
Limbo as Democrats Block Action.''
  Yes, that was The New York Times. That was March 22.
  So let's go to April 9. Let's go to the NPR: ``Senate Democrats Block 
GOP Effort to Boost Small Business Aid.''
  A week later, we watched the Speaker of this House appear on ``The 
Late Show,'' bragging about blocking the relief while eating high-end 
ice cream. For reference, there were 22 million unemployed Americans at 
that time.
  August 3, CBS News said: Democrats Reject White House Offer for 
Short-Term Extension of Unemployment Benefits.''
  Let's go to September 10, Politico: ``Senate Democrats Block 
Republican COVID Relief Proposal.''
  That is weird. All those headlines, and I never heard ``united.'' I 
did hear ``blocking.'' I did see the Speaker.
  Now, Mr. Speaker, let me tell you a little bit of my personal 
experience. When we wanted to do the CARES Act, the Senate worked with 
Republicans and Democrats by committee. They put the bill together. You 
listened to Leader Schumer, that night, say: Yes, we are ready to go. 
The bill is prepared.
  I took the red-eye and flew back. The Speaker did, too. We went into 
the meeting together. And do you know what, Mr. Speaker? Just read one 
of these headlines. The Speaker was able to stop it for another whole 
week.
  How many people were laid off that week?
  But do you know what? There was change in the bill. The John F. 
Kennedy Center for the Performing Arts got a little more, but that was 
the only thing, and then we were able to pass it.
  In there, we were able to produce the PPP for small businesses. It 
allows you to pay your rent and your utilities. But you took that money 
and you paid your employees.
  Why were you paying your employees? Because government shut down your 
business.
  Was it successful? Whoa, was it successful.
  Did it go to the owner? No. It went to the people. It went to the 
workers. Fifty million workers were saved. It was so powerful and so 
successful that the money was running out.
  So do you know what, Mr. Speaker? The Treasury Secretary sent a 
letter to us and said: You don't need to change anything. Just add a 
little more money because it is so successful at saving so many jobs.
  Well, we got our answer. One person stopped it all, and she did it on 
``The Late Show'' for all of America to see.
  Mr. Speaker, do you remember her smiling as she opened that 
refrigerator and denied those 22 million people, that they were going 
to join those unemployment lines, and she was going to smile about it 
because she had her ice cream.
  Do you know what happened, Mr. Speaker? I listened to the Speaker's 
words. She said: Do you know what? We are going to get this done. We 
are not going to leave.
  Because she has all the power of whether we stay in here and do our 
job or not. It doesn't matter if one-third on the other side stays home 
and votes by proxy and still gets their paycheck. She had everybody 
leave.
  But then I had hope. I had hope for those who were unemployed. I had 
hope for those who wanted to go back to school and needed the money, 
because the Speaker called an emergency meeting and forced us to come 
back here. So I thought maybe she changed, maybe actually what she said 
she meant this time. So she was going to force Congress back, and she 
did.
  Do you know what? One-third on other side didn't show because they 
didn't think it was an emergency.
  Was it about COVID relief? Was it about the American people who were 
hurting? No. No. No. No. No. No. It was about the post office. It was 
political. So we should have everybody come back.
  When you are in the minority, there are only certain rules you have 
and certain options to put something on the floor. So do you know what 
the Republicans chose to do that day, Mr. Speaker, when the Democrats 
chose to talk about the post office? We put COVID relief on the floor. 
So there was an option. There was an opportunity.
  The power of the Speaker rose again. She put her thumb down and 
everybody else on the other side followed.
  So do you know what, Mr. Speaker? The American public lost that day, 
too. They lost one more time.
  The facts speak for themselves. The common denominator in holding up 
relief for the American people is very simple: Speaker Pelosi. She 
spent the last several months stonewalling negotiations instead of 
working to solve problems.
  You know why we are here today, Mr. Speaker? It is because 
Republicans put a discharge petition on the floor.
  I wonder why we got out early last Friday. Hmm. The discharge 
petition must have become ripe where people could sign it.
  When her Members revolted, she responded by recycling an old, 
unrelated liberal wish list from her first bill.
  Now, at a time when 837 more Americans are filing for unemployment 
and small businesses are closing permanently, she is wasting Americans' 
time on yet another multitrillion-dollar special interest bailout that 
rewards K Street and not Main Street.
  Today's so-called compromise isn't realistic or responsible. It is 
the Pelosi pipe dream 2.0, and it is filled with the same radical, 
reckless, and ridiculous ideas as the first bill.
  Instead of prioritizing new money for small businesses through the 
Paycheck Protection Program, it provides a massive tax break to the 
millionaires and billionaires who are totally unrelated to the 
coronavirus.
  Now, let me give you an example. Let's take one person in America who 
is going to benefit from this. Mr. Speaker, you actually ought to 
rename this bill the Mike Bloomberg bill.
  Mike Bloomberg is reported to have made $3.5 billion last year. He 
lives in New York. So if you take the State and local taxes and you 
combine it, it is 12.5 percent. So that would mean, if this bill 
passes, you just gave him $160 million in his pocket.
  That is an interesting number, 160 million. I wonder if $160 million 
is how much he would save. How would that affect him?
  Well, I just read a couple reports, Mr. Speaker. Do you know Michael 
Bloomberg just put $100 million into Florida to win it for Joe Biden?
  In another interesting report, he had given the Democrats $60 million 
to help

[[Page H5431]]

them try to keep the majority this year.
  What is even more interesting, Michael Bloomberg ran for President, 
and when he was on stage, do you know what he said? He said he bought 
the Democrats the majority. He said he spent $100 million. He bragged 
about the individuals that he was able to spend that money on.
  Hmm. Some people would wonder if that was money well spent. Some 
people might wonder if they read that bill: Hmm, $160 million.
  What does that mean to the person who is unemployed? I don't think 
Mike Bloomberg needs that.
  I know a lot of small businesses and I know a lot of unemployed 
workers who need the money, but you chose somebody else to respond to. 
You chose somebody else to reward. Shame on you.
  Instead of guaranteeing commonsense protections against frivolous 
lawsuits for schools, for small businesses, for childcare, and for 
churches, it gives amnesty, work visas, and taxpayer-funded stimulus 
checks to illegal immigrants.
  Lots of times when you read a bill, you see what you prioritize.
  Instead of boosting jobs, it bails out the cannabis industry.
  Mr. Speaker, have you read your own bill? In fact, it mentions 
cannabis more than it mentions jobs. Did you read the bill? It mentions 
cannabis more than it mentions jobs.
  I would challenge anybody in this body to name me one time in their 
district in one meeting that it mentioned cannabis more than it 
mentioned jobs with what you are going through right now. Our districts 
may be different, but I don't believe anybody has that.
  Instead of reopening the economy, it releases criminals to our 
communities. Democrats think the economy should be locked down, but 
they don't think serial killers should be locked up.
  But the Speaker's latest bill does have a noteworthy difference from 
the original.
  At a time when the leftwing mobs are creating chaos in our cities, 
the bill unequivocally embraces the left's defund the police agenda. In 
fact, it removes $600 million of the emergency funding for State and 
local enforcement and community-oriented policing that was in the first 
bill. That is where they cut. Democrats actually believe the top 
priority of Congress is fewer cops and more criminals.
  Again, sometimes when you read the bills, it lets people know their 
priorities.
  I listened to the Speaker before. She always told me that bills show 
your values. I heard the Speaker recently say that the Democrats' 
values are different from Republicans'.
  These are your values. Yes, they are. Yes, they are.
  Another striking difference is the tens of billions of dollars for 
public education to combat misinformation about the coronavirus 
vaccine.
  Mr. Speaker, I was happy to hear my colleague on the other side speak 
a little earlier about the vaccine. I was excited because the Democrat 
nominee for President and the person he choose to be his running mate 
don't think that people should take the vaccine even though it is going 
to be safe and effective and save people's lives.
  It is interesting. The individual who is running for President on the 
Democrat side said that he is the Democratic Party.
  Joe Biden, Kamala Harris, and Speaker Pelosi actively spread in 
public, over the last few weeks, misinformation about an ability to 
save lives. American families, workers, and small businesses will 
continue to pay the price for Democrats' refusal to take this crisis 
seriously.
  It doesn't have to be this way. That is the worst part of all of 
this. It doesn't have to be this way. As the past several months have 
proven, targeted and timely relief related to COVID hardship actually 
works.
  Fifty million people are without a paycheck because of PPP.
  I can't tell you how many people got laid off for every time Speaker 
Pelosi has delayed our bills.
  I can't tell you how many households and how many businesses have 
gone bankrupt because she didn't keep her word and say that we would 
stay here and do it.
  I can't tell you how many more people wonder if their kids can go to 
college because Nancy Pelosi, our Speaker, called us back for an 
emergency, but it wasn't about COVID.

                              {time}  1900

  Instead of using American's suffering as leverage to pass a socialist 
agenda, Congress should be working on getting the American people back 
to work safely and back to school safely.
  Republicans have spent months using every tool available to the 
minority to build on the CARES Act and get support to Main Street. The 
American public actually ought to see how people vote here, because 
just yesterday we put on the floor a vote for PPP. Every single 
Democrat voted ``no.'' Every single one. It is something they have 
already supported before. Money is already sitting there--more than 
$130 billion.
  This month, our efforts culminated in a discharge petition to reopen 
the Paycheck Protection Program, which I have said, has already saved 
51 million jobs.
  Mr. Speaker, to the American public, what does a discharge petition 
mean? You see, the Speaker, whoever he or she is, has all the power. 
They can determine what comes to the floor. But a discharge petition 
gives the power to the Members. All it takes is 218 Members to sign it. 
The public knows what it is. All it would do is take the money that is 
there for the Paycheck Protection Program and make sure the bill comes 
to the floor and could be voted on. It will be really telling to know 
how many people back home say they support it and how many times they 
come here and are fearful, fearful if there are threats if they sign 
the discharge petition.
  The petition is being led by Ranking Member   Steve Chabot, and Jaime 
Herrera Beutler. I thank both of them. Because you know what they have 
done? They put the American people first.
    Steve Chabot, ranking member of Committee on Small Business, when 
we were crafting the CARES bill, where the PPP was created--yes, it was 
him who worked so hard to make sure the small businesses, those who are 
employed by them, got resources. He did an amazing job.
  Jaime Herrera Beutler is probably one of the most bipartisan Members 
in this body. They didn't do it for political gain. They did it because 
they listened to their district.
  As of Friday, this commonsense solution officially became open for 
signatures--just 218 to earn a vote on the floor. I think it deserves a 
vote. I think if you took it to the public, they would pick that a lot 
sooner than they would pick what this bill is doing.
  Mr. Speaker, every Member of this body must make a choice tonight. 
Members who endorse the Speaker's reckless actions can vote ``yes'' on 
this recycled liberal wish list. Then they can go home and explain to 
small businesses in their district why they prioritized politics over 
people.
  They could stand up and say, No, we worked hard for cannabis, a lot 
harder than we worked for jobs. We made sure the police got cut, and we 
made sure Mike Bloomberg got paid back. Now that $160 million that he 
is spending in the campaign today, he will get it all back because the 
taxpayers will pay him for it. That is exactly what this bill does. It 
could be the Michael Bloomberg, Cannabis, Cut-the-Cops bill. That is 
power. That is real power. You can make sure Michael Bloomberg does not 
lose $1 of the $160 million he has invested to make sure that Joe Biden 
and the Democrats stay in power.
  If you are that proud of this bill, why don't you name what it does? 
It makes sure all Americans know that cannabis is your number one 
priority, not jobs.
  It makes sure that you take care of those who take care of you in a 
campaign--Michael Bloomberg.
  And it makes sure everybody knows you do not care about the safety of 
our streets, that you are going to cut the police by $600 million.
  That is one heck of a campaign. That is amazing. What is interesting, 
so many times the leaders, people have said here, the Speaker of the 
House, she is the Speaker for all of America. And she always tells us, 
This will tell you what your values are. And I remember what she 
recently said, That our values are different.
  I want to agree with the Speaker. Our values are different. On this 
side of

[[Page H5432]]

the aisle, we believe in a commitment to America. We believe that we 
will defeat this virus because we will create a safe and secure 
vaccine. The other difference in our values? Our commitment to America. 
You can read it. You can go to CommitmentToAmerica.com. And we actually 
reject defunding the police. We say we will spend $1.75 billion more on 
the police, not cut by $600 million. You know what we will do with the 
money? Community policing, more training, and 500,000 body cameras.
  We also have a plan. We can tell you how many jobs we are going to 
create. We are going to create 10 million new jobs. I don't know how 
big you will expand the marijuana business, but in here, it mentions 
that more than jobs.
  We are going to end the dependency on China. We don't just say it, we 
actually do it. We just came out with a task force that not only shows 
you the problem, it shows you the solution.
  Mr. Speaker, you know what we did different than what you did with 
this bill? We didn't produce something and say, Well, we think the 
Democrats might like some of this. We actually invited you to join us.
  Mr. Speaker, a year ago, I went to the Speaker, and I asked her if we 
could create a bipartisan committee dealing with China. China is 
representing its 71st anniversary. There is no more freedom in China 
today than there was 31 years ago in Tiananmen Square.
  It took me 8 months of negotiation with the Democrat leadership until 
they finally said, yes. We actually picked the people who were going to 
be on it. And right before we went to name it, they decided no. They 
didn't want to be a part of it. This was before COVID. I just don't 
understand it. I just don't understand why our values are that 
different.
  Members who want to bring an end to the Speaker's excuses, who 
believe this is a moment to work for Main Street not K Street should 
vote ``no'' and sign the Herrera Beutler-Chabot discharge petition. By 
adding your name, you will be advancing a fair process towards making 
bipartisan law for American families. That is what our neighborhoods 
need. They need us to legislate for them, not posture for November.

  Mr. Speaker, I urge all my Democrat colleagues to join us. Make a 
commitment to America, not to Michael Bloomberg, not to cannabis. Focus 
on who actually voted for you to get here. Do not be so intimidated 
because somebody supplied so many millions of dollars to try to 
persuade people to vote a certain way. Listen to those who have been 
laid off.
  I know what it is like to have a dream to open a small business. I 
know what the hardships are like, but I have not witnessed personally 
the hardship of what the virus has done when they have been shut down. 
The least I would expect is this body would act, would put people 
before politics. But, unfortunately, yes, the values of one side are 
different than ours.
  Every chance we have we have put forth relief for the American 
public, and the only opportunity we have now is the discharge petition, 
because no one definitely can vote for this.
  Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Bishop), the distinguished chair of the Subcommittee on 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies.
  Mr. BISHOP of Georgia. Mr. Speaker, I thank the gentlewoman for 
yielding. Mr. Speaker, I rise in support of this updated Heroes Act. 
This bill is about people and not about politics.
  As chairman of the Subcommittee on Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies, I will highlight 
the important provisions of this bill from my section, which touches 
the lives of every American in some way.
  It provides a total of $15.4 billion to help Americans put food on 
the table, to keep their homes, protect agricultural products from 
pests and diseases, deliver stress assistance to our farmers and 
producers, and evaluate coronavirus vaccine applications.
  We provide $10 billion to SNAP, an additional $400 million for WIC, 
for working families who have lost their jobs and are laid off due to 
the COVID-19 emergency. We included $450 million for TEFAP food banks, 
and $1.2 billion for nutrition assistance for the territories. All of 
these programs will increase food security during this crisis.
  To keep our food supply safe and thriving during the COVID-19 
pandemic, we provided $350 million for the Agricultural Quarantine 
Inspection Program. We included $2.5 million for the USDA Office of 
Inspector General to increase their monitoring and oversight 
activities.
  For our farmers and producers who are under increased pressure in an 
already difficult environment, we provided $20 million to activities 
and services to provide stress assistance resources.
  For our rural Americans, we included $10 million to address the 
increased workload for the Rural Development program employees; $2.6 
billion for grants to our rural electric co-ops so the lights can stay 
on; and $309 million to the Rural Housing Service to assist rural 
tenants who have lost their jobs in this pandemic.
  Finally, so we can begin to see light at the end of this COVID-19 
tunnel, we provided $1.5 million to the Food and Drug Administration to 
support their safety evaluations of the coronavirus vaccine 
applications going forward.
  Mr. Speaker, I urge my colleagues to support this bill. This is a 
good bill. It is long overdue. The American people need it and deserve 
it, and I urge my colleagues to pass it.
  Ms. GRANGER. Mr. Speaker, I urge a ``no'' vote, and I yield back the 
balance of my time.
  Mrs. LOWEY. Mr. Speaker, I urge a ``yes'' vote, and I yield back the 
balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committees on 
the Judiciary and on Homeland Security, I rise in strong support of 
Senate amendments to H.R. 925--America's Conservation Enhancement Act 
(an update of The Heroes Act), a much needed installment of the 
necessary assistance and relief provided by Congress to address the 
adverse health and economic impacts of the COVID-19 pandemic.
  To date, there are more than 7,213,419 confirmed cases, over 206,402 
dead, including 748,967 cases and 15,711 deaths in my home state of 
Texas.
  I want to thank our frontline healthcare workers and essential 
workers for their sacrifice and commitment during this crisis.
  I have worked along side medical professionals and public health 
experts in my city of Houston to open 33 remote testing sites.
  This update of the HEROES Act provides an additional $2.2 trillion 
for protects lives, livelihoods and the life of our democracy.
  This update to the HEROES Act is needed in order to have the economic 
vitality to reopen that allows a science-based path to safely reopen 
our country and helping ensure that every American can access free 
coronavirus treatment.
  In support this legislation also because it provides strong support 
for our heroes fighting the pandemic on the front lines with nearly $1 
trillion for state, local, territorial and tribal governments who 
desperately need funds to pay the health care workers, police, fire, 
transportation, and EMS personnel, along with teachers and other vital 
workers who keep us safe and are in danger of losing their jobs.
  The Heroes Act update provides for: small businesses, by improving 
the Paycheck Protection Program to serve the smallest businesses and 
struggling nonprofits, hard-hit businesses with second loans, and 
targeted assistance for the struggling restaurant industry and 
independent live venue operators.
  The bill also provides additional assistance for airline industry 
workers, extending the highly successful Payroll Support Program to 
keep airline industry workers paid.
  There are more funds to bolster education and childcare, with $225 
billion for education--including $182 billion for K-12 schools and 
nearly $39 billion for postsecondary education--and $57 billion to 
support child care for families.
  Another reason to support this bill is that it puts money in the 
pockets of workers with a second round of direct payments to families 
of $1,200 for adults and $500 for each child, new payroll protection 
measures to keep 60 million workers connected with their jobs, and 
restores the weekly $600 federal unemployment payments through January 
2021.
  On top of that, by taking the necessary measures to slow the pandemic 
and `flatten the curve' so as not to overwhelm the nation's health care 
system, economic activity in the United States has experienced a severe 
shock to the system.
  There have been more than 36 million initial unemployment claims in 
the past month alone.
  In addition, on March 23, 2020, the Dow Jones Industrial Average 
(DJIA) dipped to 18,321.62, which is even lower than it was on Election 
Night 2016, and far below the 19,827 mark where it stood on January 20, 
2017.

[[Page H5433]]

  In other words, Mr. Speaker, all the gains that were made to the 
stock market and heralded by this Administration as evidence of its 
genius have been wiped out, depleting the retirement savings and 401(k) 
fund of millions of ordinary Americans.
  The situation is so dire that Federal Reserve Chair Jerome Powell, 
appointed by the current President, stressed the importance of Congress 
providing further fiscal relief, stating this week:
  ``While the economic response has been both timely and appropriately 
large, it may not be the final chapter, given that the path ahead is 
both highly uncertain and subject to significant downside risks. 
Additional fiscal support could be costly, but worth it if it helps 
avoid long-term economic damage and leaves us with a stronger 
recovery.''
  The U.S. economy lost over 20 million jobs in April with the 
unemployment rate spiking to 14.7 percent, the worst since the Great 
Depression, but actual job losses were near 20 percent according to 
some estimates.
  And in addition to the highly inequitable gender and racial impacts, 
this economic downturn reveals a strong class dimension to the 
unemployment wave, with 18.1 million of the 19.5 million jobs lost in 
the private sector last month classified as production and 
nonsupervisory workers as opposed to managers.
  So, we have simultaneously a public health emergency and an economic 
calamity, both of which are addressed in the legislation before us.
  But before we can get back on our feet economically and restore the 
booming economy inherited by the current Administration, Americans must 
be assured and confident that there is a plan and strategy to combat 
COVID-19; and the resources and commitment needed to implement the plan 
and execute the strategy.
  And that means testing, testing, and more testing, along with contact 
tracing.
  Mr. Speaker, the occasion demands that we rise, and I urge all 
Members to join me in voting to pass H.R. 925--America's Conservation 
Enhancement Act (an update of The Heroes Act).
  Ms. DeGETTE. Mr. Speaker, I rise today in strong support of the 
Heroes Act.
  Our country has weathered almost seven months of unrelenting tragedy.
  200,000 Americans have died. Millions are out of work and millions 
more are struggling to get by. Families and businesses across the 
country need our help and they need it now.
  As lawmakers, we have a responsibility to ensure we're doing 
everything in our power to respond to a crisis of this magnitude. The 
bill we have before us today is exactly the type of bold response that 
our country desperately needs.
  We know that we can't fix our economic crisis without first 
addressing our public health crisis. The Heroes Act relies on a 
science-based approach to safely reopening our country, which is 
essential to ensuring the long-term success of rebuilding our 
communities.
  Until we have a safe plan for vaccine development and distribution, 
Americans will not feel comfortable returning to work, schools, 
restaurants, or businesses at pre-pandemic levels.
  And until we have a robust national testing and contact tracing 
system in place, we cannot begin to fully stem this pandemic.
  The Heroes Act commits another $75 billion for testing, tracing and 
treatment.
  It also commits another $20 billion to procure vaccine testing and 
vaccine candidates to prevent the spread of COVID-19, including a bill 
I authored that requires the Department of Health and Human Services to 
create a plan to distribute and administer vaccines to stop the spread 
of COVID-19 once such vaccines are developed and authorized.
  We can't just work to prevent the spread of the disease, though. We 
must also find creative ways to ensure health care is accessible for 
every American who might need it.
  No family should have to choose between putting food on the table or 
accessing COVID- 19 treatment. It's not just wrong, it's dangerous.
  I'm proud to say that our bill will require coverage of items and 
services related to the treatment of COVID-19, ensuring all Americans 
can seek treatment for COVID-19 without concern for how they're going 
to pay for it.
  It will also provide a 12 month ban on evictions and foreclosures 
alongside $50 billion in emergency rental assistance and $21 billion in 
emergency homeowner assistance. On top of everything else they are 
going through, Americans do not need to worry about being thrown out of 
their home.
  Additionally, the legislation includes my bill to make state and 
local governments eligible for paid leave payroll tax credits for 
workers affected by the coronavirus. Without these tax credits, the 
costs of providing paid leave could undermine successful local 
coronavirus responses at a time when budgets are already strained due 
to reduced tax revenues caused by the economic fallout of the pandemic.
  Tens of millions of families and small businesses are becoming 
increasingly desperate amid the ongoing pandemic. House Democrats have 
been advocating for more money to be put directly into the pockets of 
these workers and families for months. The Heroes Act would provide a 
second round of direct payments to families, new payroll protection 
measures, and extended unemployment payments.
  We cannot sit and wait for a solution--we must take bold legislative 
steps to protect our communities, and to prevent any more tragedy and 
loss.
  The answer is clear: we have before us a bill that will help 
struggling families. A bill that will reinvigorate our economy, and 
take concrete steps to limit the spread of the virus.
  This is the second time that we've had to vote to approve a version 
of the Heroes Act. The American people are depending on us. Let's do 
what we were elected to do, and pass it on behalf of all of them.
  Mr. NADLER. Mr. Speaker, I rise in strong support of the updated 
Heroes Act (H.R. 925), a stimulus package that rises to the seriousness 
of the crisis that our Nation is facing.
  I am pleased that this legislation once again provides economic 
relief for American families by providing stimulus checks, restoring 
and expanding the weekly $600 federal unemployment payments through 
next January, improving unemployment benefits for contract and mixed 
income workers, bolstering housing assistance through direct rent 
relief, and strengthening food access for families disproportionately 
impacted by the pandemic through a 15 percent increase in SNAP 
benefits. The updated Heroes Act also includes robust support for small 
businesses by improving the Paycheck Protection Program and providing 
the hardest-hit small businesses, non-profits, and entrepreneurs with 
second loans.
  I am incredibly proud that this package contains two pieces of 
legislation that I cosponsored to provide additional targeted 
assistance for struggling restaurants and live venues--the Restaurants 
Act and the Save Our Stages Act New York City independent restaurants 
and live entertainment venues and theaters have been devastated by the 
economic impacts of the pandemic, and this bill will provide the 
immediate relief they need to ensure they can survive as the lifeblood 
of our city and our neighborhoods. After leading the call for robust 
funding for our public transit agencies, I am pleased that this package 
contains substantial assistance for the MTA, which will allow it to 
continue operations into 2021. The economic relief in the updated 
Heroes Act is vital to New York City's ability to rebuild and restore 
its economy.
  In addition to economic relief, the updated Heroes Act invests in the 
health and safety of the American people by providing an additional $75 
billion for testing and tracing, an additional $28 billion to procure a 
safe and effective vaccine and strengthening worker safety protections. 
The package also includes provisions that will protect unemployed 
Americans losing their employer-provided health insurance by ensuring 
they receive the maximum ACA subsidy on the healthcare exchanges. The 
updated Heroes Act provides additional support by creating a special 
enrollment period in the ACA exchanges for unemployed Americans.
  After fighting for urgently needed funding for New York City's 
schools, I am proud that this package includes $182 billion for K-12 
schools, $39 billion to higher education institutions, and $57 billion 
to support childcare for families. The package also includes 
desperately needed funding for museums and libraries and targeted 
funding to support research universities that are leading clinical 
research into improving COVID-19 management.
  Finally, I am proud that this legislation invests in safeguarding our 
democracy by fully funding the Postal Service, providing states with 
new resources to safeguard the safety and security of our elections, 
and ensuring the integrity of the 2020 Census.
  It's been more than four months since House Democrats gathered on 
this floor to pass a $3.4 trillion COVID-19 relief package that 
included urgent funding to protect the lives and livelihoods of 
American families. Unfortunately, Mitch McConnell and Senate 
Republicans failed to pass that bill and chose instead to ``wait and 
see'' how much worse the pandemic could get. Well they waited and they 
saw, and they still did nothing, even as the pandemic spread and 
millions of Americans remained out of work. Since House Democrats 
passed the stimulus package in May, the U.S. COVID-19 death toll has 
more than doubled to top 200,000. The American people are demanding 
relief, and it is long past time for Congress to assist them. I urge my 
colleagues across this aisle to stop playing politics and accept this 
robust and reasonable compromise for the good of the American people.
  I urge my colleagues to vote Yay.
  Ms. JOHNSON of Texas. Mr. Speaker, I rise in strong support of the 
updated Heroes Act we are considering on the floor today. We must 
recognize that the Nation is in great

[[Page H5434]]

need of continued emergency assistance--and this legislation, though 
not a total solution, is a step in the right direction. It prioritizes 
the needs of the Americans so that they are better prepared to endure 
the pandemic, as we continue to work together towards a long-term 
solution.
  This updated bill includes several provisions from the original 
Heroes Act, which passed in the House of Representatives back in May. 
It also includes much-needed funding for hospitals, community health 
centers, testing, vaccine research, and related items that would ensure 
that our country can make a healthy recovery from the pandemic.
  To address the economic impact of COVID-19, this bill assists 
millions of Americans by reinstating the Pandemic Unemployment 
Assistance, providing a special enrollment period for the health care 
marketplace, and creating additional tax credits for plans offered that 
are affordable for everyone.
  I am pleased that this bill also addresses the priorities for my 
district, including emergency funding to resources for affordable 
housing and homelessness prevention. As co-chair of the Congressional 
Homelessness Caucus, I have been adamant that any stimulus package must 
include emergency rental assistance, which is included at $50 billion 
to help low-income renters avoid eviction due to our Nation's recent 
economic turmoil. This updated bill also includes $5 billion for 
Emergency Solutions Grants, which is critical to address the impact of 
coronavirus on individuals who are homeless or at risk of homelessness.
  For the millions of small businesses across the country affected by 
the pandemic, this bill enhances the Paycheck Protection Program and 
allows for businesses to apply and receive a second PPP loan. It also 
helps restaurants struggling to survive the pandemic by creating a $120 
billion grant program specifically for their industry. Finally, it 
eases the process for businesses to get their PPP loans forgiven by 
simplifying loan forgiveness for loans less than $150,000.
  Additionally, this legislation provides assistance to state and local 
governments across the country, many of which have felt first-hand the 
adverse impacts COVID-19. This assistance would ensure that first 
responders and health professionals, who have been on the front lines 
keeping us safe during the pandemic, would no longer be faced with the 
possibility of losing their jobs. It would also help these governments 
continue to provide enhanced services during this time of crisis.
  Unlike the CARES Act, this updated version of the Heroes Act would 
provide funding that would also go to smaller local governments with 
populations smaller than 50,000. I have heard from local government 
officials in my district, in cities like Cedar Hill and Lancaster, on 
how this additional funding would greatly impact the level of service 
they would be able to provide to their residents.
  Over the past few months, I have heard from many constituents in my 
district employed by businesses in the transportation industry about 
the adverse effects of COVID-19 on their work. Workers in the aviation 
industry, who were at risk of being furloughed if Congress failed to 
act on updated relief legislation, will be provided with job security 
and additional benefits through the Payroll Support Program. The bill 
also includes $32 billion in funding for transit-related relief, which 
will help transit agencies retain employees and continue maintaining 
regular service.
  One of the more important discussions we have had during the pandemic 
is how to safely reopen schools so that parents, students, teachers, 
administrators, and other school staff can remain safe and healthy. 
That is why I was glad to see that this bill provides $225 billion for 
education--including $182 billion for primary and secondary schools 
alone--and almost $39 billion for institutions for higher learning. 
This critical funding will help schools purchase the personal 
protective equipment necessary to protect the wellbeing of school 
officials and their students.
  In the event of a second COVID-19 wave, schools may be forced to 
transition to hybrid or remote learning. Therefore, this bill takes a 
proactive approach to this possibility by providing $12 billion in 
funding for students to stay connected with mobile hotspots and devices 
like laptops and tablets. This funding stream would go a long way in 
helping close the homework gap and allowing internet access to rural 
and underserved communities across the country.
  I am heartened that the Heroes Act also includes provisions to start 
to address the devastating impacts that the pandemic has had on 
university research as well as on our federal research agencies. 
Federally funded research, particularly research carried out at our 
universities, has long been a critical enabler of U.S. leadership in 
science and innovation, which in turn will play an important role in 
assuring our future competitiveness and economic well being. In 
addition, university research also plays a key role in preparing the 
next generation of STEM professionals.
  The ongoing pandemic has put that research enterprise in serious 
jeopardy. Without assistance from the federal government, I am deeply 
concerned that many institutions may not survive, that years of 
important research will be lost, and that we will suffer irreparable 
harm to our talent pipeline. I am especially concerned that the fallout 
from this pandemic will undercut the gains we have made in diversifying 
our STEM pipeline, including the geographic diversity that will help 
communities across the Nation revitalize their economies in the coming 
years. To help deal with the disruptions to university research caused 
by the pandemic, this legislation provides almost $2.9 billion to the 
National Science Foundation (NSF), funding that will allow extensions 
of existing research grants, cooperative agreements, scholarships, 
fellowships, and apprenticeships. The Heroes Act also contains funding 
for NOAA, DOE, and NIST to help address the impact of the pandemic on 
those agencies operations and capabilities.
  Taken together, these funding provisions are an important first step, 
but more needs to be done to mitigate the harmful impact of the 
pandemic on America's research enterprise and on the students and 
early-career researchers whose activities have been disrupted. I will 
continue to advocate for such measures in future legislation.
  Finally, this bill provides a second round of direct cash assistance 
to qualifying Americans in the form of Economic Impact Payments. This 
new round of cash assistance would extend to mixed families and to 
students attending college up to the age of 24.
  Mr. Speaker, overall, this bill takes great strides to help Americans 
suffering because of the pandemic, including those with COVID-19, those 
left unemployed, those on the front lines, and many others. I urge my 
colleagues to support it.
  Mr. HORSFORD. Mr. Speaker, I am thankful for this bill being brought 
forward on COVID relief before the House goes out of session.
  It is important to demonstrate to the American People that we are 
leading and willing to negotiate to provide real relief.
  Unfortunately, this bill does not include a pivotal provision--the 
Worker that would provide federal assistance to cover the full cost of 
COBRA premiums for laid off and furloughed workers.
  That policy is the only one that would protect the hard-earned 
benefits that union members and working families have fought for.
  So while this bill takes many important steps to protect Medicaid and 
private coverage, it provides premium tax credits for unemployed 
Americans--I am concerned that protections for employer-sponsored plans 
were not included.
  I urge this body to include all coverage measures in our relief 
package--including COBRA coverage for workers who have come to rely on 
their employer-sponsored plans.
  The SPEAKER pro tempore. Pursuant to House Resolution 1161, the 
previous question is ordered.
  The question is on the motion offered by the gentlewoman from New 
York (Mrs. Lowey).
  The question was taken; and the Speaker pro tempore announced that 
the noes appear to have it.
  Mrs. LOWEY. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3 of House Resolution 
965, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 214, 
nays 207, not voting 10, as follows:

                             [Roll No. 214]

                               YEAS--214

     Adams
     Aguilar
     Allred
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson (IN)
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Davis (CA)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fletcher
     Foster
     Frankel
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al (TX)
     Grijalva
     Haaland
     Harder (CA)
     Hastings
     Hayes
     Heck
     Higgins (NY)
     Himes
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster (NH)
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)

[[Page H5435]]


     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lieu, Ted
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rouda
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrier
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (WA)
     Soto
     Speier
     Stanton
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Trahan
     Trone
     Underwood
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Wilson (FL)
     Yarmuth

                               NAYS--207

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Armstrong
     Arrington
     Axne
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bergman
     Biggs
     Bilirakis
     Bishop (NC)
     Bishop (UT)
     Bost
     Brady
     Brindisi
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Cartwright
     Chabot
     Cheney
     Cline
     Cloud
     Cole
     Collins (GA)
     Comer
     Conaway
     Cook
     Crawford
     Crenshaw
     Cunningham
     Curtis
     Davids (KS)
     Davidson (OH)
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Duncan
     Emmer
     Estes
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx (NC)
     Fulcher
     Gaetz
     Gallagher
     Garcia (CA)
     Gianforte
     Gibbs
     Gohmert
     Golden
     Gonzalez (OH)
     Gooden
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Green (TN)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Hartzler
     Hern, Kevin
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Hollingsworth
     Horn, Kendra S.
     Horsford
     Hudson
     Huizenga
     Hurd (TX)
     Jacobs
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Kustoff (TN)
     LaHood
     LaMalfa
     Lamb
     Lamborn
     Latta
     Lesko
     Lipinski
     Long
     Lucas
     Luetkemeyer
     Luria
     Marshall
     Massie
     Mast
     McAdams
     McCarthy
     McCaul
     McClintock
     McKinley
     Meuser
     Miller
     Moolenaar
     Mooney (WV)
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Perry
     Peterson
     Phillips
     Posey
     Reed
     Reschenthaler
     Rice (SC)
     Riggleman
     Roby
     Rodgers (WA)
     Roe, David P.
     Rogers (KY)
     Rooney (FL)
     Rose (NY)
     Rose, John W.
     Rouzer
     Roy
     Rutherford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Shimkus
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spanberger
     Spano
     Stauber
     Stefanik
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Tiffany
     Timmons
     Tipton
     Torres Small (NM)
     Turner
     Upton
     Van Drew
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Waltz
     Watkins
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoho
     Young
     Zeldin

                             NOT VOTING--10

     Dunn
     Graves (GA)
     Holding
     Loudermilk
     Marchant
     McHenry
     Mitchell
     Mullin
     Rogers (AL)
     Wright

                              {time}  2002

  Mr. BUCK changed his vote from ``yea'' to ``nay.''
  So the motion to concur was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


   MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 965, 116TH CONGRESS

     Beatty (Lawrence)
     Butterfield (Kildee)
     Chu, Judy (Takano)
     DeGette (Blunt Rochester)
     Demings (Castor (FL))
     DeSaulnier (Matsui)
     Frankel (Clark (MA))
     Fudge (Bass)
     Gallego (Stanton)
     Garamendi (Sherman)
     Grijalva (Garca (IL))
     Hastings (Wasserman Schultz)
     Hayes (Courtney)
     Huffman (Kildee)
     Johnson (TX) (Jeffries)
     Kaptur (Dingell)
     Kennedy (Kuster (NH))
     Kirkpatrick (Stanton)
     Langevin (Lynch)
     Lawson (FL) (Evans)
     Levin (MI) (Raskin)
     Lieu, Ted (Beyer)
     Lipinski (Cooper)
     Lofgren (Jeffries)
     Lowenthal (Beyer)
     McEachin (Wexton)
     Meeks (Jeffries)
     Meng (Clark (MA))
     Moore (Beyer)
     Mucarsel-Powell (Wasserman Schultz)
     Napolitano (Correa)
     Payne (Wasserman Schultz)
     Pingree (Clark (MA))
     Pocan (Raskin)
     Richmond (Davids (KS))
     Rooney (FL) (Beyer)
     Roybal-Allard (Aguilar)
     Rush (Underwood)
     Serrano (Jeffries)
     Thompson (CA) (Kildee)
     Titus (Connolly)
     Watson Coleman (Pallone)
     Wilson (FL) (Adams)

                          ____________________