    [116th Congress Public Law 136]
    [From the U.S. Government Publishing Office]

    [[Page 134 STAT. 281]]

    Public Law 116-136
    116th Congress

                                     An Act

     To amend the Internal Revenue Code of 1986 to repeal the excise tax on
         high cost employer-sponsored health coverage. <<NOTE: Mar. 27,
                              2020 -  [H.R. 748]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Coronavirus Aid,
    Relief, and Economic Security Act. 15 USC 9001 note.>>
    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Coronavirus Aid, Relief, and Economic
    Security Act'' or the ``CARES Act''.
    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

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

       DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
                    ENHANCEMENTS, AND ECONOMIC STABILIZATION

             TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT

    Sec. 1101. Definitions.
    Sec. 1102. Paycheck protection program.
    Sec. 1103. Entrepreneurial development.
    Sec. 1104. State trade expansion program.
    Sec. 1105. Waiver of matching funds requirement under the women's
               business center program.
    Sec. 1106. Loan forgiveness.
    Sec. 1107. Direct appropriations.
    Sec. 1108. Minority business development agency.
    Sec. 1109. United States Treasury Program Management Authority.
    Sec. 1110. Emergency EIDL grants.
    Sec. 1111. Resources and services in languages other than English.
    Sec. 1112. Subsidy for certain loan payments.
    Sec. 1113. Bankruptcy.
    Sec. 1114. Emergency rulemaking authority.

       TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

                  Subtitle A--Unemployment Insurance Provisions

    Sec. 2101. Short title.
    Sec. 2102. Pandemic Unemployment Assistance.
    Sec. 2103. Emergency unemployment relief for governmental entities and
               nonprofit organizations.
    Sec. 2104. Emergency increase in unemployment compensation benefits.
    Sec. 2105. Temporary full Federal funding of the first week of
               compensable regular unemployment for States with no waiting
               week.
    Sec. 2106. Emergency State staffing flexibility.
    Sec. 2107. Pandemic emergency unemployment compensation.
    Sec. 2108. Temporary financing of short-time compensation payments in
               States with programs in law.
    Sec. 2109. Temporary financing of short-time compensation agreements.

    [[Page 134 STAT. 282]]

    Sec. 2110. Grants for short-time compensation programs.
    Sec. 2111. Assistance and guidance in implementing programs.
    Sec. 2112. Waiver of the 7-day waiting period for benefits under the
               Railroad Unemployment Insurance Act.
    Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance
               Act.
    Sec. 2114. Extended unemployment benefits under the Railroad
               Unemployment Insurance Act.
    Sec. 2115. Funding for the DOL Office of Inspector General for oversight
               of unemployment provisions.
    Sec. 2116. Implementation.

               Subtitle B--Rebates and Other Individual Provisions

    Sec. 2201. 2020 recovery rebates for individuals.
    Sec. 2202. Special rules for use of retirement funds.
    Sec. 2203. Temporary waiver of required minimum distribution rules for
               certain retirement plans and accounts.
    Sec. 2204. Allowance of partial above the line deduction for charitable
               contributions.
    Sec. 2205. Modification of limitations on charitable contributions
               during 2020.
    Sec. 2206. Exclusion for certain employer payments of student loans.

                         Subtitle C--Business Provisions

    Sec. 2301. Employee retention credit for employers subject to closure
               due to COVID-19.
    Sec. 2302. Delay of payment of employer payroll taxes.
    Sec. 2303. Modifications for net operating losses.
    Sec. 2304. Modification of limitation on losses for taxpayers other than
               corporations.
    Sec. 2305. Modification of credit for prior year minimum tax liability
               of corporations.
    Sec. 2306. Modifications of limitation on business interest.
    Sec. 2307. Technical amendments regarding qualified improvement
               property.
    Sec. 2308. Temporary exception from excise tax for alcohol used to
               produce hand sanitizer.

    TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
                                 THE CORONAVIRUS

                          Subtitle A--Health Provisions

    Sec. 3001. Short title.

                       PART I--Addressing Supply Shortages

                       subpart a--medical product supplies

    Sec. 3101. National Academies report on America's medical product supply
               chain security.
    Sec. 3102. Requiring the strategic national stockpile to include certain
               types of medical supplies.
    Sec. 3103. Treatment of respiratory protective devices as covered
               countermeasures.

                 subpart b--mitigating emergency drug shortages

    Sec. 3111. Prioritize reviews of drug applications; incentives.
    Sec. 3112. Additional manufacturer reporting requirements in response to
               drug shortages.

                 subpart c--preventing medical device shortages

    Sec. 3121. Discontinuance or interruption in the production of medical
               devices.

              PART II--Access to Health Care for COVID-19 Patients

             subpart a--coverage of testing and preventive services

    Sec. 3201. Coverage of diagnostic testing for COVID-19.
    Sec. 3202. Pricing of diagnostic testing.
    Sec. 3203. Rapid coverage of preventive services and vaccines for
               coronavirus.

                  subpart b--support for health care providers

    Sec. 3211. Supplemental awards for health centers.
    Sec. 3212. Telehealth network and telehealth resource centers grant
               programs.
    Sec. 3213. Rural health care services outreach, rural health network
               development, and small health care provider quality
               improvement grant programs.

    [[Page 134 STAT. 283]]

    Sec. 3214. United States Public Health Service Modernization.
    Sec. 3215. Limitation on liability for volunteer health care
               professionals during COVID-19 emergency response.
    Sec. 3216. Flexibility for members of National Health Service Corps
               during emergency period.

                       subpart c--miscellaneous provisions

    Sec. 3221. Confidentiality and disclosure of records relating to
               substance use disorder.
    Sec. 3222. Nutrition services.
    Sec. 3223. Continuity of service and opportunities for participants in
               community service activities under title V of the Older
               Americans Act of 1965.
    Sec. 3224. Guidance on protected health information.
    Sec. 3225. Reauthorization of healthy start program.
    Sec. 3226. Importance of the blood supply.

                              PART III--Innovation

    Sec. 3301. Removing the cap on OTA during public health emergencies.
    Sec. 3302. Priority zoonotic animal drugs.

                         PART IV--Health Care Workforce

    Sec. 3401. Reauthorization of health professions workforce programs.
    Sec. 3402. Health workforce coordination.
    Sec. 3403. Education and training relating to geriatrics.
    Sec. 3404. Nursing workforce development.

                        Subtitle B--Education Provisions

    Sec. 3501. Short title.
    Sec. 3502. Definitions.
    Sec. 3503. Campus-based aid waivers.
    Sec. 3504. Use of supplemental educational opportunity grants for
               emergency aid.
    Sec. 3505. Federal work-study during a qualifying emergency.
    Sec. 3506. Adjustment of subsidized loan usage limits.
    Sec. 3507. Exclusion from Federal Pell Grant duration limit.
    Sec. 3508. Institutional refunds and Federal student loan flexibility.
    Sec. 3509. Satisfactory academic progress.
    Sec. 3510. Continuing education at affected foreign institutions.
    Sec. 3511. National emergency educational waivers.
    Sec. 3512. HBCU Capital financing.
    Sec. 3513. Temporary relief for federal student loan borrowers.
    Sec. 3514. Provisions related to the Corporation for National and
               Community Service.
    Sec. 3515. Workforce response activities.
    Sec. 3516. Technical amendments.
    Sec. 3517. Waiver authority and reporting requirement for institutional
               aid.
    Sec. 3518. Authorized uses and other modifications for grants.
    Sec. 3519. Service obligations for teachers.

                          Subtitle C--Labor Provisions

    Sec. 3601. Limitation on paid leave.
    Sec. 3602. Emergency Paid Sick Leave Act Limitation.
    Sec. 3603. Unemployment insurance.
    Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave.
    Sec. 3605. Paid leave for rehired employees.
    Sec. 3606. Advance refunding of credits.
    Sec. 3607. Expansion of DOL Authority to postpone certain deadlines.
    Sec. 3608. Single-employer plan funding rules.
    Sec. 3609. Application of cooperative and small employer charity pension
               plan rules to certain charitable employers whose primary
               exempt purpose is providing services with respect to mothers
               and children.
    Sec. 3610. Federal contractor authority.
    Sec. 3611. Technical corrections.

                          Subtitle D--Finance Committee

    Sec. 3701. Exemption for telehealth services.
    Sec. 3702. Inclusion of certain over-the-counter medical products as
               qualified medical expenses.
    Sec. 3703. Increasing Medicare telehealth flexibilities during emergency
               period.
    Sec. 3704. Enhancing Medicare telehealth services for Federally
               qualified health centers and rural health clinics during
               emergency period.

    [[Page 134 STAT. 284]]

    Sec. 3705. Temporary waiver of requirement for face-to-face visits
               between home dialysis patients and physicians.
    Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to
               recertification of eligibility for hospice care during
               emergency period.
    Sec. 3707. Encouraging use of telecommunications systems for home health
               services furnished during emergency period.
    Sec. 3708. Improving care planning for Medicare home health services.
    Sec. 3709. Adjustment of sequestration.
    Sec. 3710. Medicare hospital inpatient prospective payment system add-on
               payment for COVID-19 patients during emergency period.
    Sec. 3711. Increasing access to post-acute care during emergency period.
    Sec. 3712. Revising payment rates for durable medical equipment under
               the Medicare program through duration of emergency period.
    Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare
               program without any cost-sharing.
    Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans to
               allow during the COVID-19 emergency period for fills and
               refills of covered part D drugs for up to a 3-month supply.
    Sec. 3715. Providing home and community-based services in acute care
               hospitals.
    Sec. 3716. Clarification regarding uninsured individuals.
    Sec. 3717. Clarification regarding coverage of COVID-19 testing
               products.
    Sec. 3718. Amendments relating to reporting requirements with respect to
               clinical diagnostic laboratory tests.
    Sec. 3719. Expansion of the Medicare hospital accelerated payment
               program during the COVID-19 public health emergency.
    Sec. 3720. Delaying requirements for enhanced FMAP to enable State
               legislation necessary for compliance.

                 Subtitle E--Health and Human Services Extenders

                           PART I--Medicare Provisions

    Sec. 3801. Extension of the work geographic index floor under the
               Medicare program.
    Sec. 3802. Extension of funding for quality measure endorsement, input,
               and selection.
    Sec. 3803. Extension of funding outreach and assistance for low-income
               programs.

                          PART II--Medicaid Provisions

    Sec. 3811. Extension of the Money Follows the Person rebalancing
               demonstration program.
    Sec. 3812. Extension of spousal impoverishment protections.
    Sec. 3813. Delay of DSH reductions.
    Sec. 3814. Extension and expansion of Community Mental Health Services
               demonstration program.

               PART III--Human Services and Other Health Programs

    Sec. 3821. Extension of sexual risk avoidance education program.
    Sec. 3822. Extension of personal responsibility education program.
    Sec. 3823. Extension of demonstration projects to address health
               professions workforce needs.
    Sec. 3824. Extension of the temporary assistance for needy families
               program and related programs.

                        PART IV--Public Health Provisions

    Sec. 3831. Extension for community health centers, the National Health
               Service Corps, and teaching health centers that operate GME
               programs.
    Sec. 3832. Diabetes programs.

                        PART V--Miscellaneous Provisions

    Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.

                       Subtitle F--Over-the-Counter Drugs

                             PART I--OTC Drug Review

    Sec. 3851. Regulation of certain nonprescription drugs that are marketed
               without an approved drug application.
    Sec. 3852. Misbranding.
    Sec. 3853. Drugs excluded from the over-the-counter drug review.
    Sec. 3854. Treatment of Sunscreen Innovation Act.
    Sec. 3855. Annual update to Congress on appropriate pediatric indication
               for certain OTC cough and cold drugs.

    [[Page 134 STAT. 285]]

    Sec. 3856. Technical corrections.

                               PART II--User Fees

    Sec. 3861. Finding.
    Sec. 3862. Fees relating to over-the-counter drugs.

     TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
                      SECTORS OF THE UNITED STATES ECONOMY

           Subtitle A--Coronavirus Economic Stabilization Act of 2020

    Sec. 4001. Short title.
    Sec. 4002. Definitions.
    Sec. 4003. Emergency relief and taxpayer protections.
    Sec. 4004. Limitation on certain employee compensation.
    Sec. 4005. Continuation of certain air service.
    Sec. 4006. Coordination with Secretary of Transportation.
    Sec. 4007. Suspension of certain aviation excise taxes.
    Sec. 4008. Debt guarantee authority.
    Sec. 4009. Temporary Government in the Sunshine Act relief.
    Sec. 4010. Temporary hiring flexibility.
    Sec. 4011. Temporary lending limit waiver.
    Sec. 4012. Temporary relief for community banks.
    Sec. 4013. Temporary relief from troubled debt restructurings.
    Sec. 4014. Optional temporary relief from current expected credit
               losses.
    Sec. 4015. Non-applicability of restrictions on ESF during national
               emergency.
    Sec. 4016. Temporary credit union provisions.
    Sec. 4017. Increasing access to materials necessary for national
               security and pandemic recovery.
    Sec. 4018. Special Inspector General for Pandemic Recovery.
    Sec. 4019. Conflicts of interest.
    Sec. 4020. Congressional Oversight Commission.
    Sec. 4021. Credit protection during COVID-19.
    Sec. 4022. Foreclosure moratorium and consumer right to request
               forbearance.
    Sec. 4023. Forbearance of residential mortgage loan payments for
               multifamily properties with federally backed loans.
    Sec. 4024. Temporary moratorium on eviction filings.
    Sec. 4025. Protection of collective bargaining agreement.
    Sec. 4026. Reports.
    Sec. 4027. Direct appropriation.
    Sec. 4028. Rule of construction.
    Sec. 4029. Termination of authority.

                     Subtitle B--Air Carrier Worker Support

    Sec. 4111. Definitions.
    Sec. 4112. Pandemic relief for aviation workers.
    Sec. 4113. Procedures for providing payroll support.
    Sec. 4114. Required assurances.
    Sec. 4115. Protection of collective bargaining agreement.
    Sec. 4116. Limitation on certain employee compensation.
    Sec. 4117. Tax payer protection.
    Sec. 4118. Reports.
    Sec. 4119. Coordination.
    Sec. 4120. Direct appropriation.

                        TITLE V--CORONAVIRUS RELIEF FUNDS

    Sec. 5001. Coronavirus Relief Fund.

                       TITLE VI--MISCELLANEOUS PROVISIONS

    Sec. 6001. COVID-19 borrowing authority for the United States Postal
               Service.
    Sec. 6002. Emergency designation.

    DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND
                                AGENCY OPERATIONS

    SEC. 3. <<NOTE: 1 USC 1 note.>>  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.

    [[Page 134 STAT. 286]]

       DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
                    ENHANCEMENTS, AND ECONOMIC STABILIZATION

             TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT

    SEC. 1101. <<NOTE: 15 USC 9001.>>  DEFINITIONS.

        In this title--
                (1) the terms ``Administration'' and ``Administrator'' mean
            the Small Business Administration and the Administrator thereof,
            respectively; and
                (2) the term ``small business concern'' has the meaning
            given the term in section 3 of the Small Business Act (15 U.S.C.
            636).
    SEC. 1102. PAYCHECK PROTECTION PROGRAM.

        (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
    636(a)) is amended--
                (1) in paragraph (2)--
                        (A) in subparagraph (A), in the matter preceding
                    clause (i), by striking ``and (E)'' and inserting ``(E),
                    and (F)''; and
                        (B) by adding at the end the following:
                        ``(F) Participation in the paycheck protection
                    program.--In an agreement to participate in a loan on a
                    deferred basis under paragraph (36), the participation
                    by the Administration shall be 100 percent.''; and
                (2) by adding at the end the following:
                ``(36) Paycheck protection program.--
                        ``(A) Definitions.--In this paragraph--
                              ``(i) the terms `appropriate Federal banking
                          agency' and `insured depository institution' have
                          the meanings given those terms in section 3 of the
                          Federal Deposit Insurance Act (12 U.S.C. 1813);
                              ``(ii) the term `covered loan' means a loan
                          made under this paragraph during the covered
                          period;
                              ``(iii) the term `covered period' means the
                          period beginning on February 15, 2020 and ending
                          on June 30, 2020;
                              ``(iv) the term `eligible recipient' means an
                          individual or entity that is eligible to receive a
                          covered loan;
                              ``(v) the term `eligible self-employed
                          individual' has the meaning given the term in
                          section 7002(b) of the Families First Coronavirus
                          Response Act (Public Law 116-127);
                              ``(vi) the term `insured credit union' has the
                          meaning given the term in section 101 of the
                          Federal Credit Union Act (12 U.S.C. 1752);
                              ``(vii) the term `nonprofit organization'
                          means an organization that is described in section
                          501(c)(3) of the Internal Revenue Code of 1986 and
                          that is exempt from taxation under section 501(a)
                          of such Code;

    [[Page 134 STAT. 287]]

                              ``(viii) the term `payroll costs'--
                                        ``(I) means--
                                                ``(aa) the sum of payments
                                            of any compensation with respect
                                            to employees that is a--
                                                    ``(AA) salary, wage,
                                                commission, or similar
                                                compensation;
                                                    ``(BB) payment of cash
                                                tip or equivalent;
                                                    ``(CC) payment for
                                                vacation, parental, family,
                                                medical, or sick leave;
                                                    ``(DD) allowance for
                                                dismissal or separation;
                                                    ``(EE) payment required
                                                for the provisions of group
                                                health care benefits,
                                                including insurance
                                                premiums;
                                                    ``(FF) payment of any
                                                retirement benefit; or
                                                    ``(GG) payment of State
                                                or local tax assessed on the
                                                compensation of employees;
                                                and
                                                ``(bb) the sum of payments
                                            of any compensation to or income
                                            of a sole proprietor or
                                            independent contractor that is a
                                            wage, commission, income, net
                                            earnings from self-employment,
                                            or similar compensation and that
                                            is in an amount that is not more
                                            than $100,000 in 1 year, as
                                            prorated for the covered period;
                                            and
                                        ``(II) shall not include--
                                                ``(aa) the compensation of
                                            an individual employee in excess
                                            of an annual salary of $100,000,
                                            as prorated for the covered
                                            period;
                                                ``(bb) taxes imposed or
                                            withheld under chapters 21, 22,
                                            or 24 of the Internal Revenue
                                            Code of 1986 during the covered
                                            period;
                                                ``(cc) any compensation of
                                            an employee whose principal
                                            place of residence is outside of
                                            the United States;
                                                ``(dd) qualified sick leave
                                            wages for which a credit is
                                            allowed under section 7001 of
                                            the Families First Coronavirus
                                            Response Act (Public Law 116-
                                            127); or
                                                ``(ee) qualified family
                                            leave wages for which a credit
                                            is allowed under section 7003 of
                                            the Families First Coronavirus
                                            Response Act (Public Law 116-
                                            127); and
                              ``(ix) the term `veterans organization' means
                          an organization that is described in section
                          501(c)(19) of the Internal Revenue Code that is
                          exempt from taxation under section 501(a) of such
                          Code.
                        ``(B) Paycheck protection loans.--Except as
                    otherwise provided in this paragraph, the Administrator
                    may guarantee covered loans under the same terms,
                    conditions, and processes as a loan made under this
                    subsection.

    [[Page 134 STAT. 288]]

                        ``(C) <<NOTE: Deadline.>>  Registration of loans.--
                    Not later than 15 days after the date on which a loan is
                    made under this paragraph, the Administration shall
                    register the loan using the TIN (as defined in section
                    7701 of the Internal Revenue Code of 1986) assigned to
                    the borrower.
                        ``(D) Increased eligibility for certain small
                    businesses and organizations.--
                              ``(i) In general.--During the covered period,
                          in addition to small business concerns, any
                          business concern, nonprofit organization, veterans
                          organization, or Tribal business concern described
                          in section 31(b)(2)(C) shall be eligible to
                          receive a covered loan if the business concern,
                          nonprofit organization, veterans organization, or
                          Tribal business concern employs not more than the
                          greater of--
                                        ``(I) 500 employees; or
                                        ``(II) if applicable, the size
                                    standard in number of employees
                                    established by the Administration for
                                    the industry in which the business
                                    concern, nonprofit organization,
                                    veterans organization, or Tribal
                                    business concern operates.
                              ``(ii) Inclusion of sole proprietors,
                          independent contractors, and eligible self-
                          employed individuals.--
                                        ``(I) In general.--During the
                                    covered period, individuals who operate
                                    under a sole proprietorship or as an
                                    independent contractor and eligible
                                    self-employed individuals shall be
                                    eligible to receive a covered loan.
                                        ``(II) <<NOTE: Determination.>>
                                    Documentation.--An eligible self-
                                    employed individual, independent
                                    contractor, or sole proprietorship
                                    seeking a covered loan shall submit such
                                    documentation as is necessary to
                                    establish such individual as eligible,
                                    including payroll tax filings reported
                                    to the Internal Revenue Service, Forms
                                    1099-MISC, and income and expenses from
                                    the sole proprietorship, as determined
                                    by the Administrator and the Secretary.
                              ``(iii) Business concerns with more than 1
                          physical location.--During the covered period, any
                          business concern that employs not more than 500
                          employees per physical location of the business
                          concern and that is assigned a North American
                          Industry Classification System code beginning with
                          72 at the time of disbursal shall be eligible to
                          receive a covered loan.
                              ``(iv) Waiver of affiliation rules.--During
                          the covered period, the provisions applicable to
                          affiliations under section 121.103 of title 13,
                          Code of Federal Regulations, or any successor
                          regulation, are waived with respect to eligibility
                          for a covered loan for--
                                        ``(I) any business concern with not
                                    more than 500 employees that, as of the
                                    date on which the covered loan is
                                    disbursed, is assigned a North American
                                    Industry Classification System code
                                    beginning with 72;

    [[Page 134 STAT. 289]]

                                        ``(II) any business concern
                                    operating as a franchise that is
                                    assigned a franchise identifier code by
                                    the Administration; and
                                        ``(III) any business concern that
                                    receives financial assistance from a
                                    company licensed under section 301 of
                                    the Small Business Investment Act of
                                    1958 (15 U.S.C. 681).
                              ``(v) <<NOTE: Definition.>>  Employee.--For
                          purposes of determining whether a business
                          concern, nonprofit organization, veterans
                          organization, or Tribal business concern described
                          in section 31(b)(2)(C) employs not more than 500
                          employees under clause (i)(I), the term `employee'
                          includes individuals employed on a full-time,
                          part-time, or other basis.
                              ``(vi) <<NOTE: Applicability.>>
                          Affiliation.--The provisions applicable to
                          affiliations under section 121.103 of title 13,
                          Code of Federal Regulations, or any successor
                          thereto, shall apply with respect to a nonprofit
                          organization and a veterans organization in the
                          same manner as with respect to a small business
                          concern.
                        ``(E) Maximum loan amount.--During the covered
                    period, with respect to a covered loan, the maximum loan
                    amount shall be the lesser of--
                              ``(i)(I) the sum of--
                                        ``(aa) the product obtained by
                                    multiplying--
                                                ``(AA) <<NOTE: Time
                                            periods. Determination.>>  the
                                            average total monthly payments
                                            by the applicant for payroll
                                            costs incurred during the 1-year
                                            period before the date on which
                                            the loan is made, except that,
                                            in the case of an applicant that
                                            is seasonal employer, as
                                            determined by the Administrator,
                                            the average total monthly
                                            payments for payroll shall be
                                            for the 12-week period beginning
                                            February 15, 2019, or at the
                                            election of the eligible
                                            recipient, March 1, 2019, and
                                            ending June 30, 2019; by
                                                ``(BB) 2.5; and
                                        ``(bb) the outstanding amount of a
                                    loan under subsection (b)(2) that was
                                    made during the period beginning on
                                    January 31, 2020 and ending on the date
                                    on which covered loans are made
                                    available to be refinanced under the
                                    covered loan; or
                              ``(II) if requested by an otherwise eligible
                          recipient that was not in business during the
                          period beginning on February 15, 2019 and ending
                          on June 30, 2019, the sum of--
                                        ``(aa) the product obtained by
                                    multiplying--
                                                ``(AA) the average total
                                            monthly payments by the
                                            applicant for payroll costs
                                            incurred during the period
                                            beginning on January 1, 2020 and
                                            ending on February 29, 2020; by
                                                ``(BB) 2.5; and
                                        ``(bb) the outstanding amount of a
                                    loan under subsection (b)(2) that was
                                    made during the period beginning on
                                    January 31, 2020 and ending on the date
                                    on which covered loans are made
                                    available to be refinanced under the
                                    covered loan; or

    [[Page 134 STAT. 290]]

                              ``(ii) $10,000,000.
                        ``(F) Allowable uses of covered loans.--
                              ``(i) In general.--During the covered period,
                          an eligible recipient may, in addition to the
                          allowable uses of a loan made under this
                          subsection, use the proceeds of the covered loan
                          for--
                                        ``(I) payroll costs;
                                        ``(II) costs related to the
                                    continuation of group health care
                                    benefits during periods of paid sick,
                                    medical, or family leave, and insurance
                                    premiums;
                                        ``(III) employee salaries,
                                    commissions, or similar compensations;
                                        ``(IV) payments of interest on any
                                    mortgage obligation (which shall not
                                    include any prepayment of or payment of
                                    principal on a mortgage obligation);
                                        ``(V) rent (including rent under a
                                    lease agreement);
                                        ``(VI) utilities; and
                                        ``(VII) interest on any other debt
                                    obligations that were incurred before
                                    the covered period.
                              ``(ii) Delegated authority.--
                                        ``(I) In general.--For purposes of
                                    making covered loans for the purposes
                                    described in clause (i), a lender
                                    approved to make loans under this
                                    subsection shall be deemed to have been
                                    delegated authority by the Administrator
                                    to make and approve covered loans,
                                    subject to the provisions of this
                                    paragraph.
                                        ``(II) <<NOTE: Evaluation.>>
                                    Considerations.--In evaluating the
                                    eligibility of a borrower for a covered
                                    loan with the terms described in this
                                    paragraph, a lender shall consider
                                    whether the borrower--
                                                ``(aa) was in operation on
                                            February 15, 2020; and
                                                ``(bb)(AA) had employees for
                                            whom the borrower paid salaries
                                            and payroll taxes; or
                                                ``(BB) paid independent
                                            contractors, as reported on a
                                            Form 1099-MISC.
                              ``(iii) <<NOTE: Determination.>>  Additional
                          lenders.--The authority to make loans under this
                          paragraph shall be extended to additional lenders
                          determined by the Administrator and the Secretary
                          of the Treasury to have the necessary
                          qualifications to process, close, disburse and
                          service loans made with the guarantee of the
                          Administration.
                              ``(iv) <<NOTE: Time period.>>  Refinance.--A
                          loan made under subsection (b)(2) during the
                          period beginning on January 31, 2020 and ending on
                          the date on which covered loans are made available
                          may be refinanced as part of a covered loan.
                              ``(v) Nonrecourse.--Notwithstanding the waiver
                          of the personal guarantee requirement or
                          collateral under subparagraph (J), the
                          Administrator shall have no recourse against any
                          individual shareholder, member, or partner of an
                          eligible recipient of a covered loan for
                          nonpayment of any covered loan, except to

    [[Page 134 STAT. 291]]

                          the extent that such shareholder, member, or
                          partner uses the covered loan proceeds for a
                          purpose not authorized under clause (i).
                        ``(G) Borrower requirements.--
                              ``(i) Certification.--An eligible recipient
                          applying for a covered loan shall make a good
                          faith certification--
                                        ``(I) that the uncertainty of
                                    current economic conditions makes
                                    necessary the loan request to support
                                    the ongoing operations of the eligible
                                    recipient;
                                        ``(II) acknowledging that funds will
                                    be used to retain workers and maintain
                                    payroll or make mortgage payments, lease
                                    payments, and utility payments;
                                        ``(III) that the eligible recipient
                                    does not have an application pending for
                                    a loan under this subsection for the
                                    same purpose and duplicative of amounts
                                    applied for or received under a covered
                                    loan; and
                                        ``(IV) <<NOTE: Time period.>>
                                    during the period beginning on February
                                    15, 2020 and ending on December 31,
                                    2020, that the eligible recipient has
                                    not received amounts under this
                                    subsection for the same purpose and
                                    duplicative of amounts applied for or
                                    received under a covered loan.
                        ``(H) Fee waiver.--During the covered period, with
                    respect to a covered loan--
                              ``(i) in lieu of the fee otherwise applicable
                          under paragraph (23)(A), the Administrator shall
                          collect no fee; and
                              ``(ii) in lieu of the fee otherwise applicable
                          under paragraph (18)(A), the Administrator shall
                          collect no fee.
                        ``(I) Credit elsewhere.--During the covered period,
                    the requirement that a small business concern is unable
                    to obtain credit elsewhere, as defined in section 3(h),
                    shall not apply to a covered loan.
                        ``(J) Waiver of personal guarantee requirement.--
                    During the covered period, with respect to a covered
                    loan--
                              ``(i) no personal guarantee shall be required
                          for the covered loan; and
                              ``(ii) no collateral shall be required for the
                          covered loan.
                        ``(K) Maturity for loans with remaining balance
                    after application of forgiveness.--With respect to a
                    covered loan that has a remaining balance after
                    reduction based on the loan forgiveness amount under
                    section 1106 of the CARES Act--
                              ``(i) the remaining balance shall continue to
                          be guaranteed by the Administration under this
                          subsection; and
                              ``(ii) the covered loan shall have a maximum
                          maturity of 10 years from the date on which the
                          borrower applies for loan forgiveness under that
                          section.
                        ``(L) Interest rate requirements.--A covered loan
                    shall bear an interest rate not to exceed 4 percent.

    [[Page 134 STAT. 292]]

                        ``(M) <<NOTE: Time period.>>  Loan deferment.--
                              ``(i) Definition of impacted borrower.--
                                        ``(I) In general.--In this
                                    subparagraph, the term `impacted
                                    borrower' means an eligible recipient
                                    that--
                                                ``(aa) is in operation on
                                            February 15, 2020; and
                                                ``(bb) has an application
                                            for a covered loan that is
                                            approved or pending approval on
                                            or after the date of enactment
                                            of this paragraph.
                                        ``(II) Presumption.--For purposes of
                                    this subparagraph, an impacted borrower
                                    is presumed to have been adversely
                                    impacted by COVID-19.
                              ``(ii) Deferral.--During the covered period,
                          the Administrator shall--
                                        ``(I) consider each eligible
                                    recipient that applies for a covered
                                    loan to be an impacted borrower; and
                                        ``(II) require lenders under this
                                    subsection to provide complete payment
                                    deferment relief for impacted borrowers
                                    with covered loans for a period of not
                                    less than 6 months, including payment of
                                    principal, interest, and fees, and not
                                    more than 1 year.
                              ``(iii) Secondary market.--During the covered
                          period, with respect to a covered loan that is
                          sold on the secondary market, if an investor
                          declines to approve a deferral requested by a
                          lender under clause (ii), the Administrator shall
                          exercise the authority to purchase the loan so
                          that the impacted borrower may receive a deferral
                          for a period of not less than 6 months, including
                          payment of principal, interest, and fees, and not
                          more than 1 year.
                              ``(iv) <<NOTE: Deadline.>>  Guidance.--Not
                          later than 30 days after the date of enactment of
                          this paragraph, the Administrator shall provide
                          guidance to lenders under this paragraph on the
                          deferment process described in this subparagraph.
                        ``(N) Secondary market sales.--A covered loan shall
                    be eligible to be sold in the secondary market
                    consistent with this subsection. The Administrator may
                    not collect any fee for any guarantee sold into the
                    secondary market under this subparagraph.
                        ``(O) Regulatory capital requirements.--
                              ``(i) Risk weight.--With respect to the
                          appropriate Federal banking agencies or the
                          National Credit Union Administration Board
                          applying capital requirements under their
                          respective risk-based capital requirements, a
                          covered loan shall receive a risk weight of zero
                          percent.
                              ``(ii) Temporary relief from tdr
                          disclosures.--Notwithstanding any other provision
                          of law, an insured depository institution or an
                          insured credit union that modifies a covered loan
                          in relation to COVID-19-related difficulties in a
                          troubled debt restructuring on or after March 13,
                          2020, shall not be required to comply with the
                          Financial Accounting Standards Board

    [[Page 134 STAT. 293]]

                          Accounting Standards Codification Subtopic 310-40
                          (`Receivables - Troubled Debt Restructurings by
                          Creditors') for purposes of compliance with the
                          requirements of the Federal Deposit Insurance Act
                          (12 U.S.C. 1811 et seq.), until such time and
                          under such circumstances as the appropriate
                          Federal banking agency or the National Credit
                          Union Administration Board, as applicable,
                          determines appropriate.
                        ``(P) Reimbursement for processing.--
                              ``(i) In general.--The Administrator shall
                          reimburse a lender authorized to make a covered
                          loan at a rate, based on the balance of the
                          financing outstanding at the time of disbursement
                          of the covered loan, of--
                                        ``(I) 5 percent for loans of not
                                    more than $350,000;
                                        ``(II) 3 percent for loans of more
                                    than $350,000 and less than $2,000,000;
                                    and
                                        ``(III) 1 percent for loans of not
                                    less than $2,000,000.
                              ``(ii) Fee limits.--An agent that assists an
                          eligible recipient to prepare an application for a
                          covered loan may not collect a fee in excess of
                          the limits established by the Administrator.
                              ``(iii) <<NOTE: Deadline.>>  Timing.--A
                          reimbursement described in clause (i) shall be
                          made not later than 5 days after the disbursement
                          of the covered loan.
                              ``(iv) Sense of the senate.--It is the sense
                          of the Senate that the Administrator should issue
                          guidance to lenders and agents to ensure that the
                          processing and disbursement of covered loans
                          prioritizes small business concerns and entities
                          in underserved and rural markets, including
                          veterans and members of the military community,
                          small business concerns owned and controlled by
                          socially and economically disadvantaged
                          individuals (as defined in section 8(d)(3)(C)),
                          women, and businesses in operation for less than 2
                          years.
                        ``(Q) <<NOTE: Time period.>>  Duplication.--Nothing
                    in this paragraph shall prohibit a recipient of an
                    economic injury disaster loan made under subsection
                    (b)(2) during the period beginning on January 31, 2020
                    and ending on the date on which covered loans are made
                    available that is for a purpose other than paying
                    payroll costs and other obligations described in
                    subparagraph (F) from receiving assistance under this
                    paragraph.
                        ``(R) Waiver of prepayment penalty.--Notwithstanding
                    any other provision of law, there shall be no prepayment
                    penalty for any payment made on a covered loan.''.

        (b) <<NOTE: Time period.>>  Commitments for 7(a) Loans.--During the
    period beginning on February 15, 2020 and ending on June 30, 2020--
                (1) the amount authorized for commitments for general
            business loans authorized under section 7(a) of the Small
            Business Act (15 U.S.C. 636(a)), including loans made under
            paragraph (36) of such section, as added by subsection (a),
            shall be $349,000,000,000; and

    [[Page 134 STAT. 294]]

                (2) the amount authorized for commitments for such loans
            under the heading ``business loans program account'' under the
            heading ``Small Business Administration'' under title V of the
            Consolidated Appropriations Act, 2020 (Public Law 116-93; 133
            Stat. 2475) shall not apply.

        (c) Express Loans.--
                (1) In general.--Section 7(a)(31)(D) of the Small Business
            Act (15 U.S.C. 636(a)(31)(D)) is amended by striking
            ``$350,000'' and inserting ``$1,000,000''.
                (2) <<NOTE: Effective date. 15 USC 636 note.>>  Prospective
            repeal.--Effective on January 1, 2021, section 7(a)(31)(D) of
            the Small Business Act (15 U.S.C. 636(a)(31)(D)) is amended by
            striking ``$1,000,000'' and inserting ``$350,000''.

        (d) Exception to Guarantee Fee Waiver for Veterans.--Section
    7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is
    amended--
                (1) by striking clause (ii); and
                (2) by redesignating clause (iii) as clause (ii).

        (e) <<NOTE: 15 USC 636 note.>>  Interim Rule.--On and after the date
    of enactment of this Act, the interim final rule published by the
    Administrator entitled ``Express Loan Programs: Affiliation Standards''
    (85 Fed. Reg. 7622 (February 10, 2020)) is permanently rescinded and
    shall have no force or effect.
    SEC. 1103. <<NOTE: 15 USC 9002.>>  ENTREPRENEURIAL DEVELOPMENT.

        (a) Definitions.--In this section--
                (1) the term ``covered small business concern'' means a
            small business concern that has experienced, as a result of
            COVID-19--
                        (A) supply chain disruptions, including changes in--
                              (i) quantity and lead time, including the
                          number of shipments of components and delays in
                          shipments;
                              (ii) quality, including shortages in supply
                          for quality control reasons; and
                              (iii) technology, including a compromised
                          payment network;
                        (B) staffing challenges;
                        (C) a decrease in gross receipts or customers; or
                        (D) a closure;
                (2) the term ``resource partner'' means--
                        (A) a small business development center; and
                        (B) a women's business center;
                (3) the term ``small business development center'' has the
            meaning given the term in section 3 of the Small Business Act
            (15 U.S.C. 632); and
                (4) the term ``women's business center'' means a women's
            business center described in section 29 of the Small Business
            Act (15 U.S.C. 656).

        (b) Education, Training, and Advising Grants.--
                (1) In general.--The Administration may provide financial
            assistance in the form of grants to resource partners to provide
            education, training, and advising to covered small business
            concerns.
                (2) Use of funds.--Grants under this subsection shall be
            used for the education, training, and advising of covered small
            business concerns and their employees on--

    [[Page 134 STAT. 295]]

                        (A) accessing and applying for resources provided by
                    the Administration and other Federal resources relating
                    to access to capital and business resiliency;
                        (B) the hazards and prevention of the transmission
                    and communication of COVID-19 and other communicable
                    diseases;
                        (C) the potential effects of COVID-19 on the supply
                    chains, distribution, and sale of products of covered
                    small business concerns and the mitigation of those
                    effects;
                        (D) the management and practice of telework to
                    reduce possible transmission of COVID-19;
                        (E) the management and practice of remote customer
                    service by electronic or other means;
                        (F) the risks of and mitigation of cyber threats in
                    remote customer service or telework practices;
                        (G) the mitigation of the effects of reduced travel
                    or outside activities on covered small business concerns
                    during COVID-19 or similar occurrences; and
                        (H) any other relevant business practices necessary
                    to mitigate the economic effects of COVID-19 or similar
                    occurrences.
                (3) Grant determination.--
                        (A) Small business development centers.--The
                    Administration shall award 80 percent of funds
                    authorized to carry out this subsection to small
                    business development centers, which shall be awarded
                    pursuant to a formula jointly developed, negotiated, and
                    agreed upon, with full participation of both parties,
                    between the association formed under section 21(a)(3)(A)
                    of the Small Business Act (15 U.S.C. 648(a)(3)(A)) and
                    the Administration.
                        (B) Women's business centers.--The Administration
                    shall award 20 percent of funds authorized to carry out
                    this subsection to women's business centers, which shall
                    be awarded pursuant to a process established by the
                    Administration in consultation with recipients of
                    assistance.
                        (C) No matching funds required.--Matching funds
                    shall not be required for any grant under this
                    subsection.
                (4) Goals and metrics.--
                        (A) In general.--Goals and metrics for the funds
                    made available under this subsection shall be jointly
                    developed, negotiated, and agreed upon, with full
                    participation of both parties, between the resource
                    partners and the Administrator, which shall--
                              (i) take into consideration the extent of the
                          circumstances relating to the spread of COVID-19,
                          or similar occurrences, that affect covered small
                          business concerns located in the areas covered by
                          the resource partner, particularly in rural areas
                          or economically distressed areas;
                              (ii) generally follow the use of funds
                          outlined in paragraph (2), but shall not restrict
                          the activities of resource partners in responding
                          to unique situations; and
                              (iii) encourage resource partners to develop
                          and provide services to covered small business
                          concerns.

    [[Page 134 STAT. 296]]

                        (B) <<NOTE: Methodologies.>>  Public availability.--
                    The Administrator shall make publicly available the
                    methodology by which the Administrator and resource
                    partners jointly develop the metrics and goals described
                    in subparagraph (A).

        (c) Resource Partner Association Grants.--
                (1) In general.--The Administrator may provide grants to an
            association or associations representing resource partners under
            which the association or associations shall establish a single
            centralized hub for COVID-19 information, which shall include--
                        (A) 1 online platform that consolidates resources
                    and information available across multiple Federal
                    agencies for small business concerns related to COVID-
                    19; and
                        (B) a training program to educate resource partner
                    counselors, members of the Service Corps of Retired
                    Executives established under section 8(b)(1)(B) of the
                    Small Business Act (15 U.S.C. 637(b)(1)(B)), and
                    counselors at veterans business outreach centers
                    described in section 32 of the Small Business Act (15
                    U.S.C. 657b) on the resources and information described
                    in subparagraph (A).
                (2) Goals and metrics.--Goals and metrics for the funds made
            available under this subsection shall be jointly developed,
            negotiated, and agreed upon, with full participation of both
            parties, between the association or associations receiving a
            grant under this subsection and the Administrator.

        (d) Report.--Not later than 6 months after the date of enactment of
    this Act, and annually thereafter, the Administrator shall submit to the
    Committee on Small Business and Entrepreneurship of the Senate and the
    Committee on Small Business of the House of Representatives a report
    that describes--
                (1) with respect to the initial year covered by the report--
                        (A) the programs and services developed and provided
                    by the Administration and resource partners under
                    subsection (b);
                        (B) the initial efforts to provide those services
                    under subsection (b); and
                        (C) the online platform and training developed and
                    provided by the Administration and the association or
                    associations under subsection (c); and
                (2) with respect to the subsequent years covered by the
            report--
                        (A) with respect to the grant program under
                    subsection (b)--
                              (i) the efforts of the Administrator and
                          resource partners to develop services to assist
                          covered small business concerns;
                              (ii) the challenges faced by owners of covered
                          small business concerns in accessing services
                          provided by the Administration and resource
                          partners;
                              (iii) the number of unique covered small
                          business concerns that were served by the
                          Administration and resource partners; and
                              (iv) other relevant outcome performance data
                          with respect to covered small business concerns,
                          including the number of employees affected, the
                          effect on sales, the disruptions of supply chains,
                          and the efforts made

    [[Page 134 STAT. 297]]

                          by the Administration and resource partners to
                          mitigate these effects; and
                        (B) with respect to the grant program under
                    subsection (c)--
                              (i) the efforts of the Administrator and the
                          association or associations to develop and evolve
                          an online resource for small business concerns;
                          and
                              (ii) the efforts of the Administrator and the
                          association or associations to develop a training
                          program for resource partner counselors, including
                          the number of counselors trained.
    SEC. 1104. STATE TRADE EXPANSION PROGRAM.

        (a) <<NOTE: Extension.>>  In General.--Notwithstanding paragraph
    (3)(C)(iii) of section 22(l) of the Small Business Act (15 U.S.C.
    649(l)), for grants under the State Trade Expansion Program under such
    section 22(l) using amounts made available for fiscal year 2018 or
    fiscal year 2019, the period of the grant shall continue through the end
    of fiscal year 2021.

        (b) Reimbursement.--The Administrator shall reimburse any recipient
    of assistance under section 22(l) of the Small Business Act (15 U.S.C.
    649(l)) for financial losses relating to a foreign trade mission or a
    trade show exhibition that was cancelled solely due to a public health
    emergency declared due to COVID-19 if the reimbursement does not exceed
    a recipient's grant funding.
    SEC. 1105. <<NOTE: Time period. 15 USC 9004.>>  WAIVER OF MATCHING
                              FUNDS REQUIREMENT UNDER THE WOMEN'S
                              BUSINESS CENTER PROGRAM.

        During the 3-month period beginning on the date of enactment of this
    Act, the requirement relating to obtaining cash contributions from non-
    Federal sources under section 29(c)(1) of the Small Business Act (15
    U.S.C. 656(c)(1)) is waived for any recipient of assistance under such
    section 29.
    SEC. 1106. <<NOTE: 15 USC 9005.>>  LOAN FORGIVENESS.

        (a) Definitions.--In this section--
                (1) the term ``covered loan'' means a loan guaranteed under
            paragraph (36) of section 7(a) of the Small Business Act (15
            U.S.C. 636(a)), as added by section 1102;
                (2) the term ``covered mortgage obligation'' means any
            indebtedness or debt instrument incurred in the ordinary course
            of business that--
                        (A) is a liability of the borrower;
                        (B) is a mortgage on real or personal property; and
                        (C) was incurred before February 15, 2020;
                (3) the term ``covered period'' means the 8-week period
            beginning on the date of the origination of a covered loan;
                (4) the term ``covered rent obligation'' means rent
            obligated under a leasing agreement in force before February 15,
            2020;
                (5) the term ``covered utility payment'' means payment for a
            service for the distribution of electricity, gas, water,
            transportation, telephone, or internet access for which service
            began before February 15, 2020;
                (6) the term ``eligible recipient'' means the recipient of a
            covered loan;
                (7) the term ``expected forgiveness amount'' means the
            amount of principal that a lender reasonably expects a borrower
            to expend during the covered period on the sum of any--

    [[Page 134 STAT. 298]]

                        (A) payroll costs;
                        (B) payments of interest on any covered mortgage
                    obligation (which shall not include any prepayment of or
                    payment of principal on a covered mortgage obligation);
                        (C) payments on any covered rent obligation; and
                        (D) covered utility payments; and
                (8) the term ``payroll costs'' has the meaning given that
            term in paragraph (36) of section 7(a) of the Small Business Act
            (15 U.S.C. 636(a)), as added by section 1102 of this Act.

        (b) Forgiveness.--An eligible recipient shall be eligible for
    forgiveness of indebtedness on a covered loan in an amount equal to the
    sum of the following costs incurred and payments made during the covered
    period:
                (1) Payroll costs.
                (2) Any payment of interest on any covered mortgage
            obligation (which shall not include any prepayment of or payment
            of principal on a covered mortgage obligation).
                (3) Any payment on any covered rent obligation.
                (4) Any covered utility payment.

        (c) Treatment of Amounts Forgiven.--
                (1) In general.--Amounts which have been forgiven under this
            section shall be considered canceled indebtedness by a lender
            authorized under section 7(a) of the Small Business Act (15
            U.S.C. 636(a)).
                (2) Purchase of guarantees.--For purposes of the purchase of
            the guarantee for a covered loan by the Administrator, amounts
            which are forgiven under this section shall be treated in
            accordance with the procedures that are otherwise applicable to
            a loan guaranteed under section 7(a) of the Small Business Act
            (15 U.S.C. 636(a)).
                (3) <<NOTE: Deadline.>>  Remittance.--Not later than 90 days
            after the date on which the amount of forgiveness under this
            section is determined, the Administrator shall remit to the
            lender an amount equal to the amount of forgiveness, plus any
            interest accrued through the date of payment.
                (4) Advance purchase of covered loan.--
                        (A) Report.--A lender authorized under section 7(a)
                    of the Small Business Act (15 U.S.C. 636(a)), or, at the
                    discretion of the Administrator, a third party
                    participant in the secondary market, may, report to the
                    Administrator an expected forgiveness amount on a
                    covered loan or on a pool of covered loans of up to 100
                    percent of the principal on the covered loan or pool of
                    covered loans, respectively.
                        (B) Purchase.--The Administrator shall purchase the
                    expected forgiveness amount described in subparagraph
                    (A) as if the amount were the principal amount of a loan
                    guaranteed under section 7(a) of the Small Business Act
                    636(a)).
                        (C) <<NOTE: Deadline.>>  Timing.--Not later than 15
                    days after the date on which the Administrator receives
                    a report under subparagraph (A), the Administrator shall
                    purchase the expected forgiveness amount under
                    subparagraph (B) with respect to each covered loan to
                    which the report relates.

        (d) Limits on Amount of Forgiveness.--

    [[Page 134 STAT. 299]]

                (1) Amount may not exceed principal.--The amount of loan
            forgiveness under this section shall not exceed the principal
            amount of the financing made available under the applicable
            covered loan.
                (2) Reduction based on reduction in number of employees.--
                        (A) In general.--The amount of loan forgiveness
                    under this section shall be reduced, but not increased,
                    by multiplying the amount described in subsection (b) by
                    the quotient obtained by dividing--
                              (i) the average number of full-time equivalent
                          employees per month employed by the eligible
                          recipient during the covered period; by
                              (ii)(I) <<NOTE: Time periods.>>  at the
                          election of the borrower--
                                        (aa) the average number of full-time
                                    equivalent employees per month employed
                                    by the eligible recipient during the
                                    period beginning on February 15, 2019
                                    and ending on June 30, 2019; or
                                        (bb) the average number of full-time
                                    equivalent employees per month employed
                                    by the eligible recipient during the
                                    period beginning on January 1, 2020 and
                                    ending on February 29, 2020; or
                              (II) <<NOTE: Determination.>>  in the case of
                          an eligible recipient that is seasonal employer,
                          as determined by the Administrator, the average
                          number of full-time equivalent employees per month
                          employed by the eligible recipient during the
                          period beginning on February 15, 2019 and ending
                          on June 30, 2019.
                        (B) Calculation of average number of employees.--
                    For <<NOTE: Determination.>>  purposes of subparagraph
                    (A), the average number of full-time equivalent
                    employees shall be determined by calculating the average
                    number of full-time equivalent employees for each pay
                    period falling within a month.
                (3) Reduction relating to salary and wages.--
                        (A) In general.--The amount of loan forgiveness
                    under this section shall be reduced by the amount of any
                    reduction in total salary or wages of any employee
                    described in subparagraph (B) during the covered period
                    that is in excess of 25 percent of the total salary or
                    wages of the employee during the most recent full
                    quarter during which the employee was employed before
                    the covered period.
                        (B) Employees described.--An employee described in
                    this subparagraph is any employee who did not receive,
                    during any single pay period during 2019, wages or
                    salary at an annualized rate of pay in an amount more
                    than $100,000.
                (4) Tipped workers.--An eligible recipient with tipped
            employees described in section 3(m)(2)(A) of the Fair Labor
            Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive
            forgiveness for additional wages paid to those employees.
                (5) Exemption for re-hires.--
                        (A) <<NOTE: Determination. Time period.>>  In
                    general.--In a circumstance described in subparagraph
                    (B), the amount of loan forgiveness under this section
                    shall be determined without regard to a reduction in the
                    number of full-time equivalent employees of an eligible
                    recipient or a reduction in the salary of 1 or

    [[Page 134 STAT. 300]]

                    more employees of the eligible recipient, as applicable,
                    during the period beginning on February 15, 2020 and
                    ending on the date that is 30 days after the date of
                    enactment of this Act.
                        (B) <<NOTE: Time period. Deadline.>>
                    Circumstances.--A circumstance described in this
                    subparagraph is a circumstance--
                              (i) in which--
                                        (I) during the period beginning on
                                    February 15, 2020 and ending on the date
                                    that is 30 days after the date of
                                    enactment of this Act, there is a
                                    reduction, as compared to February 15,
                                    2020, in the number of full-time
                                    equivalent employees of an eligible
                                    recipient; and
                                        (II) not later than June 30, 2020,
                                    the eligible employer has eliminated the
                                    reduction in the number of full-time
                                    equivalent employees;
                              (ii) in which--
                                        (I) during the period beginning on
                                    February 15, 2020 and ending on the date
                                    that is 30 days after the date of
                                    enactment of this Act, there is a
                                    reduction, as compared to February 15,
                                    2020, in the salary or wages of 1 or
                                    more employees of the eligible
                                    recipient; and
                                        (II) not later than June 30, 2020,
                                    the eligible employer has eliminated the
                                    reduction in the salary or wages of such
                                    employees; or
                              (iii) in which the events described in clause
                          (i) and (ii) occur.
                (6) Exemptions.--The Administrator and the Secretary of the
            Treasury may prescribe regulations granting de minimis
            exemptions from the requirements under this subsection.

        (e) Application.--An eligible recipient seeking loan forgiveness
    under this section shall submit to the lender that is servicing the
    covered loan an application, which shall include--
                (1) documentation verifying the number of full-time
            equivalent employees on payroll and pay rates for the periods
            described in subsection (d), including--
                        (A) payroll tax filings reported to the Internal
                    Revenue Service; and
                        (B) State income, payroll, and unemployment
                    insurance filings;
                (2) documentation, including cancelled checks, payment
            receipts, transcripts of accounts, or other documents verifying
            payments on covered mortgage obligations, payments on covered
            lease obligations, and covered utility payments;
                (3) <<NOTE: Certification.>>  a certification from a
            representative of the eligible recipient authorized to make such
            certifications that--
                        (A) the documentation presented is true and correct;
                    and
                        (B) the amount for which forgiveness is requested
                    was used to retain employees, make interest payments on
                    a covered mortgage obligation, make payments on a
                    covered rent obligation, or make covered utility
                    payments; and
                (4) any other documentation the Administrator determines
            necessary.

        (f) <<NOTE: Requirement.>>  Prohibition on Forgiveness Without
    Documentation.--No eligible recipient shall receive forgiveness under
    this section

    [[Page 134 STAT. 301]]

    without submitting to the lender that is servicing the covered loan the
    documentation required under subsection (e).

        (g) <<NOTE: Deadline.>>  Decision.--Not later than 60 days after the
    date on which a lender receives an application for loan forgiveness
    under this section from an eligible recipient, the lender shall issue a
    decision on the an application.

        (h) Hold Harmless.--If a lender has received the documentation
    required under this section from an eligible recipient attesting that
    the eligible recipient has accurately verified the payments for payroll
    costs, payments on covered mortgage obligations, payments on covered
    lease obligations, or covered utility payments during covered period--
                (1) an enforcement action may not be taken against the
            lender under section 47(e) of the Small Business Act (15 U.S.C.
            657t(e)) relating to loan forgiveness for the payments for
            payroll costs, payments on covered mortgage obligations,
            payments on covered lease obligations, or covered utility
            payments, as the case may be; and
                (2) the lender shall not be subject to any penalties by the
            Administrator relating to loan forgiveness for the payments for
            payroll costs, payments on covered mortgage obligations,
            payments on covered lease obligations, or covered utility
            payments, as the case may be.

        (i) Taxability.--For purposes of the Internal Revenue Code of 1986,
    any amount which (but for this subsection) would be includible in gross
    income of the eligible recipient by reason of forgiveness described in
    subsection (b) shall be excluded from gross income.
        (j) Rule of Construction.--The cancellation of indebtedness on a
    covered loan under this section shall not otherwise modify the terms and
    conditions of the covered loan.
        (k) <<NOTE: Deadline. Guidance.>>  Regulations.--Not later than 30
    days after the date of enactment of this Act, the Administrator shall
    issue guidance and regulations implementing this section.
    SEC. 1107. <<NOTE: 15 USC 9006.>>  DIRECT APPROPRIATIONS.

        (a) In General.--There is appropriated, out of amounts in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2020, to remain available until September 30, 2021, for
    additional amounts--
                (1) $349,000,000,000 under the heading ``Small Business
            Administration--Business Loans Program Account, CARES Act'' for
            the cost of guaranteed loans as authorized under paragraph (36)
            of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as
            added by section 1102(a) of this Act;
                (2) $675,000,000 under the heading ``Small Business
            Administration--Salaries and Expenses'' for salaries and
            expenses of the Administration;
                (3) $25,000,000 under the heading ``Small Business
            Administration--Office of Inspector General'', to remain
            available until September 30, 2024, for necessary expenses of
            the Office of Inspector General of the Administration in
            carrying out the provisions of the Inspector General Act of 1978
            (5 U.S.C. App.);
                (4) $265,000,000 under the heading ``Small Business
            Administration--Entrepreneurial Development Programs'', of
            which--

    [[Page 134 STAT. 302]]

                        (A) $240,000,000 shall be for carrying out section
                    1103(b) of this Act; and
                        (B) $25,000,000 shall be for carrying out section
                    1103(c) of this Act;
                (5) $10,000,000 under the heading ``Department of Commerce--
            Minority Business Development Agency'' for minority business
            centers of the Minority Business Development Agency to provide
            technical assistance to small business concerns;
                (6) $10,000,000,000 under the heading ``Small Business
            Administration--Emergency EIDL Grants'' shall be for carrying
            out section 1110 of this Act;
                (7) $17,000,000,000 under the heading ``Small Business
            Administration--Business Loans Program Account, CARES Act''
            shall be for carrying out section 1112 of this Act; and
                (8) $25,000,000 under the heading ``Department of the
            Treasury--Departmental Offices--Salaries and Expenses'' shall be
            for carrying out section 1109 of this Act.

        (b) <<NOTE: Time period.>>  Secondary Market.--During the period
    beginning on the date of enactment of this Act and ending on September
    30, 2021, guarantees of trust certificates authorized by section 5(g) of
    the Small Business Act (15 U.S.C. 635(g)) shall not exceed a principal
    amount of $100,000,000,000.

        (c) <<NOTE: Expenditure plan.>>  Reports.--Not later than 180 days
    after the date of enactment of this Act, the Administrator shall submit
    to the Committee on Appropriations of the Senate and the Committee on
    Appropriations of the House of Representatives a detailed expenditure
    plan for using the amounts appropriated to the Administration under
    subsection (a).
    SEC. 1108. <<NOTE: 15 USC 9007.>>  MINORITY BUSINESS DEVELOPMENT
                              AGENCY.

        (a) Definitions.--In this section--
                (1) the term ``Agency'' means the Minority Business
            Development Agency of the Department of Commerce;
                (2) the term ``minority business center'' means a Business
            Center of the Agency;
                (3) the term ``minority business enterprise'' means a for-
            profit business enterprise--
                        (A) not less than 51 percent of which is owned by 1
                    or more socially disadvantaged individuals, as
                    determined by the Agency; and
                        (B) the management and daily business operations of
                    which are controlled by 1 or more socially disadvantaged
                    individuals, as determined by the Agency; and
                (4) the term ``minority chamber of commerce'' means a
            chamber of commerce developed specifically to support minority
            business enterprises.

        (b) Education, Training, and Advising Grants.--
                (1) In general.--The Agency may provide financial assistance
            in the form of grants to minority business centers and minority
            chambers of commerce to provide education, training, and
            advising to minority business enterprises.
                (2) Use of funds.--Grants under this section shall be used
            for the education, training, and advising of minority business
            enterprises and their employees on--
                        (A) accessing and applying for resources provided by
                    the Agency and other Federal resources relating to
                    access to capital and business resiliency;

    [[Page 134 STAT. 303]]

                        (B) the hazards and prevention of the transmission
                    and communication of COVID-19 and other communicable
                    diseases;
                        (C) the potential effects of COVID-19 on the supply
                    chains, distribution, and sale of products of minority
                    business enterprises and the mitigation of those
                    effects;
                        (D) the management and practice of telework to
                    reduce possible transmission of COVID-19;
                        (E) the management and practice of remote customer
                    service by electronic or other means;
                        (F) the risks of and mitigation of cyber threats in
                    remote customer service or telework practices;
                        (G) the mitigation of the effects of reduced travel
                    or outside activities on minority business enterprises
                    during COVID-19 or similar occurrences; and
                        (H) any other relevant business practices necessary
                    to mitigate the economic effects of COVID-19 or similar
                    occurrences.
                (3) No matching funds required.--Matching funds shall not be
            required for any grant under this section.
                (4) Goals and metrics.--
                        (A) In general.--Goals and metrics for the funds
                    made available under this section shall be jointly
                    developed, negotiated, and agreed upon, with full
                    participation of both parties, between the minority
                    business centers, minority chambers of commerce, and the
                    Agency, which shall--
                              (i) take into consideration the extent of the
                          circumstances relating to the spread of COVID-19,
                          or similar occurrences, that affect minority
                          business enterprises located in the areas covered
                          by minority business centers and minority chambers
                          of commerce, particularly in rural areas or
                          economically distressed areas;
                              (ii) generally follow the use of funds
                          outlined in paragraph (2), but shall not restrict
                          the activities of minority business centers and
                          minority chambers of commerce in responding to
                          unique situations; and
                              (iii) encourage minority business centers and
                          minority chambers of commerce to develop and
                          provide services to minority business enterprises.
                        (B) <<NOTE: Methodologies.>>  Public availability.--
                    The Agency shall make publicly available the methodology
                    by which the Agency, minority business centers, and
                    minority chambers of commerce jointly develop the
                    metrics and goals described in subparagraph (A).

        (c) <<NOTE: Time periods.>>  Waivers.--
                (1) In general.--Notwithstanding any other provision of law
            or regulation, the Agency may, during the 3-month period that
            begins on the date of enactment of this Act, waive any matching
            requirement imposed on a minority business center or a specialty
            center of the Agency under a cooperative agreement between such
            a center and the Agency if the applicable center is unable to
            raise funds, or has suffered a loss of revenue, because of the
            effects of COVID-19.
                (2) Remaining compliant.--Notwithstanding any provision of a
            cooperative agreement between the Agency and a minority business
            center, if, during the period beginning on the date

    [[Page 134 STAT. 304]]

            of enactment of this Act and ending on September 30, 2021, such
            a center decides not to collect fees because of the economic
            consequences of COVID-19, the center shall be considered to be
            in compliance with that agreement if--
                        (A) <<NOTE: Notification.>>  the center notifies the
                    Agency with respect to that decision, which the center
                    may provide through electronic mail; and
                        (B) <<NOTE: Deadline.>>  the Agency, not later than
                    15 days after the date on which the center provides
                    notice to the Agency under subparagraph (A)--
                              (i) confirms receipt of the notification under
                          subparagraph (A); and
                              (ii) accepts the decision of the center.

        (d) Report.--Not later than 6 months after the date of enactment of
    this Act, and annually thereafter, the Agency shall submit to the
    Committee on Small Business and Entrepreneurship and the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Small Business and the Committee on Energy and Commerce of the House of
    Representatives a report that describes--
                (1) with respect to the period covered by the initial
            report--
                        (A) the programs and services developed and provided
                    by the Agency, minority business centers, and minority
                    chambers of commerce under subsection (b); and
                        (B) the initial efforts to provide those services
                    under subsection (b); and
                (2) with respect to subsequent years covered by the report--
                        (A) with respect to the grant program under
                    subsection (b)--
                              (i) the efforts of the Agency, minority
                          business centers, and minority chambers of
                          commerce to develop services to assist minority
                          business enterprises;
                              (ii) the challenges faced by owners of
                          minority business enterprises in accessing
                          services provided by the Agency, minority business
                          centers, and minority chambers of commerce;
                              (iii) the number of unique minority business
                          enterprises that were served by the Agency,
                          minority business centers, or minority chambers of
                          commerce; and
                              (iv) other relevant outcome performance data
                          with respect to minority business enterprises,
                          including the number of employees affected, the
                          effect on sales, the disruptions of supply chains,
                          and the efforts made by the Agency, minority
                          business centers, and minority chambers of
                          commerce to mitigate these effects .

        (e) Authorization of Appropriations.--There is authorized to be
    appropriated $10,000,000 to carry out this section, to remain available
    until expended.
    SEC. 1109. <<NOTE: 15 USC 9008.>>  UNITED STATES TREASURY PROGRAM
                              MANAGEMENT AUTHORITY.

        (a) Definitions.--In this section--
                (1) the terms ``appropriate Federal banking agency'' and
            ``insured depository institution'' have the meanings given those
            terms in section 3 of the Federal Deposit Insurance Act (12
            U.S.C. 1813);

    [[Page 134 STAT. 305]]

                (2) the term ``insured credit union'' has the meaning given
            the term in section 101 of the Federal Credit Union Act (12
            U.S.C. 1752); and
                (3) the term ``Secretary'' means the Secretary of the
            Treasury.

        (b) Authority to Include Additional Financial Institutions.--The
    Department <<NOTE: Consultation. Criteria.>>  of the Treasury, in
    consultation with the Administrator, and the Chairman of the Farm Credit
    Administration shall establish criteria for insured depository
    institutions, insured credit unions, institutions of the Farm Credit
    System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
    seq.), and other lenders that do not already participate in lending
    under programs of the Administration, to participate in the paycheck
    protection program to provide loans under this section until the date on
    which the national emergency declared by the President under the
    National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
    Coronavirus Disease 2019 (COVID-19) expires.

        (c) <<NOTE: Determination. Consultation.>>  Safety and Soundness.--
    An insured depository institution, insured credit union, institution of
    the Farm Credit System chartered under the Farm Credit Act of 1971 (12
    U.S.C. 2001 et seq.), or other lender may only participate in the
    program established under this section if participation does not affect
    the safety and soundness of the institution or lender, as determined by
    the Secretary in consultation with the appropriate Federal banking
    agencies or the National Credit Union Administration Board, as
    applicable.

        (d) Regulations for Lenders and Loans.--
                (1) In general.--The Secretary may issue regulations and
            guidance as necessary to carry out the purposes of this section,
            including to--
                        (A) allow additional lenders to originate loans
                    under this section; and
                        (B) establish terms and conditions for loans under
                    this section, including terms and conditions concerning
                    compensation, underwriting standards, interest rates,
                    and maturity.
                (2) Requirements.--The terms and conditions established
            under paragraph (1) shall provide for the following:
                        (A) A rate of interest that does not exceed the
                    maximum permissible rate of interest available on a loan
                    of comparable maturity under paragraph (36) of section
                    7(a) of the Small Business Act (15 U.S.C. 636(a)), as
                    added by section 1102 of this Act.
                        (B) Terms and conditions that, to the maximum extent
                    practicable, are consistent with the terms and
                    conditions required under the following provisions of
                    paragraph (36) of section 7(a) of the Small Business Act
                    (15 U.S.C. 636(a)), as added by section 1102 of this
                    Act:
                              (i) Subparagraph (D), pertaining to borrower
                          eligibility.
                              (ii) Subparagraph (E), pertaining to the
                          maximum loan amount.
                              (iii) Subparagraph (F)(i), pertaining to
                          allowable uses of program loans.
                              (iv) Subparagraph (H), pertaining to fee
                          waivers.
                              (v) Subparagraph (M), pertaining to loan
                          deferment.

    [[Page 134 STAT. 306]]

                        (C) A guarantee percentage that, to the maximum
                    extent practicable, is consistent with the guarantee
                    percentage required under subparagraph (F) of section
                    7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)),
                    as added by section 1102 of this Act.
                        (D) Loan forgiveness under terms and conditions
                    that, to the maximum extent practicable, is consistent
                    with the terms and conditions for loan forgiveness under
                    section 1106 of this Act.

        (e) Additional Regulations Generally.--The Secretary may issue
    regulations and guidance as necessary to carry out the purposes of this
    section, including to allow additional lenders to originate loans under
    this title and to establish terms and conditions such as compensation,
    underwriting standards, interest rates, and maturity for under this
    section.
        (f) Certification.--As a condition of receiving a loan under this
    section, a borrower shall certify under terms acceptable to the
    Secretary that the borrower--
                (1) does not have an application pending for a loan under
            section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for
            the same purpose; and
                (2) <<NOTE: Time period.>>  has not received such a loan
            during the period beginning on February 15, 2020 and ending on
            December 31, 2020.

        (g) Opt-in for SBA Qualified Lenders.--Lenders qualified to
    participate as a lender under 7(a) of the Small Business Act (15 U.S.C.
    636(a)) may elect to participate in the paycheck protection program
    under the criteria, terms, and conditions established under this
    section. Such participation shall not preclude the lenders from
    continuing participation as a lender under section 7(a) of the Small
    Business Act (15 U.S.C. 636(a)).
        (h) Program Administration.--With guidance from the Secretary, the
    Administrator shall administer the program established under this
    section, including the making and purchasing of guarantees on loans
    under the program, until the date on which the national emergency
    declared by the President under the National Emergencies Act (50 U.S.C.
    1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19)
    expires.
        (i) Criminal Penalties.--A loan under this section shall be deemed
    to be a loan under the Small Business Act (15 U.S.C. 631 et seq.) for
    purposes of section 16 of such Act (15 U.S.C. 645).
    SEC. 1110. <<NOTE: 15 USC 9009.>>  EMERGENCY EIDL GRANTS.

        (a) Definitions.--In this section--
                (1) the term ``covered period'' means the period beginning
            on January 31, 2020 and ending on December 31, 2020; and
                (2) the term ``eligible entity'' means--
                        (A) a business with not more than 500 employees;
                        (B) any individual who operates under a sole
                    proprietorship, with or without employees, or as an
                    independent contractor;
                        (C) a cooperative with not more than 500 employees;
                        (D) an ESOP (as defined in section 3 of the Small
                    Business Act (15 U.S.C. 632)) with not more than 500
                    employees; or

    [[Page 134 STAT. 307]]

                        (E) a tribal small business concern, as described in
                    section 31(b)(2)(C) of the Small Business Act (15 U.S.C.
                    657a(b)(2)(C)), with not more than 500 employees.

        (b) Eligible Entities.--During the covered period, in addition to
    small business concerns, private nonprofit organizations, and small
    agricultural cooperatives, an eligible entity shall be eligible for a
    loan made under section 7(b)(2) of the Small Business Act (15 U.S.C.
    636(b)(2)).
        (c) <<NOTE: Waiver authority.>>  Terms; Credit Elsewhere.--With
    respect to a loan made under section 7(b)(2) of the Small Business Act
    (15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period,
    the Administrator shall waive--
                (1) any rules related the personal guarantee on advances and
            loans of not more than $200,000 during the covered period for
            all applicants;
                (2) <<NOTE: Time period.>>  the requirement that an
            applicant needs to be in business for the 1-year period before
            the disaster, except that no waiver may be made for a business
            that was not in operation on January 31, 2020; and
                (3) the requirement in the flush matter following
            subparagraph (E) of section 7(b)(2) of the Small Business Act
            (15 U.S.C. 636(b)(2)), as so redesignated by subsection (f) of
            this section, that an applicant be unable to obtain credit
            elsewhere.

        (d) Approval and Ability to Repay for Small Dollar Loans.--With
    respect to a loan made under section 7(b)(2) of the Small Business Act
    (15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period,
    the Administrator may--
                (1) approve an applicant based solely on the credit score of
            the applicant and shall not require an applicant to submit a tax
            return or a tax return transcript for such approval; or
                (2) use alternative appropriate methods to determine an
            applicant's ability to repay.

        (e) Emergency Grant.--
                (1) <<NOTE: Deadline.>>  In general.--During the covered
            period, an entity included for eligibility in subsection (b),
            including small business concerns, private nonprofit
            organizations, and small agricultural cooperatives, that applies
            for a loan under section 7(b)(2) of the Small Business Act (15
            U.S.C. 636(b)(2)) in response to COVID-19 may request that the
            Administrator provide an advance that is, subject to paragraph
            (3), in the amount requested by such applicant to such applicant
            within 3 days after the Administrator receives an application
            from such applicant.
                (2) Verification.--Before disbursing amounts under this
            subsection, the Administrator shall verify that the applicant is
            an eligible entity by accepting a self-certification from the
            applicant under penalty of perjury pursuant to section 1746 of
            title 28 United States Code.
                (3) Amount.--The amount of an advance provided under this
            subsection shall be not more than $10,000.
                (4) Use of funds.--An advance provided under this subsection
            may be used to address any allowable purpose for a loan made
            under section 7(b)(2) of the Small Business Act (15 U.S.C.
            636(b)(2)), including--
                        (A) providing paid sick leave to employees unable to
                    work due to the direct effect of the COVID-19;

    [[Page 134 STAT. 308]]

                        (B) maintaining payroll to retain employees during
                    business disruptions or substantial slowdowns;
                        (C) meeting increased costs to obtain materials
                    unavailable from the applicant's original source due to
                    interrupted supply chains;
                        (D) making rent or mortgage payments; and
                        (E) repaying obligations that cannot be met due to
                    revenue losses.
                (5) Repayment.--An applicant shall not be required to repay
            any amounts of an advance provided under this subsection, even
            if subsequently denied a loan under section 7(b)(2) of the Small
            Business Act (15 U.S.C. 636(b)(2)).
                (6) Unemployment grant.--If an applicant that receives an
            advance under this subsection transfers into, or is approved
            for, the loan program under section 7(a) of the Small Business
            Act (15 U.S.C. 636(a)), the advance amount shall be reduced from
            the loan forgiveness amount for a loan for payroll costs made
            under such section 7(a).
                (7) Authorization of appropriations.--There is authorized to
            be appropriated to the Administration $10,000,000,000 to carry
            out this subsection.
                (8) Termination.--The authority to carry out grants under
            this subsection shall terminate on December 31, 2020.

        (f) Emergencies Involving Federal Primary Responsibility Qualifying
    for SBA Assistance.--Section 7(b)(2) of the Small Business Act (15
    U.S.C. 636(b)(2)) is amended--
                (1) in subparagraph (A), by striking ``or'' at the end;
                (2) in subparagraph (B), by striking ``or'' at the end;
                (3) in subparagraph (C), by striking ``or'' at the end;
                (4) by redesignating subparagraph (D) as subparagraph (E);
                (5) by inserting after subparagraph (C) the following:
                        ``(D) an emergency involving Federal primary
                    responsibility determined to exist by the President
                    under the section 501(b) of the Robert T. Stafford
                    Disaster Relief and Emergency Assistance Act (42 U.S.C.
                    5191(b)); or''; and
                (6) in subparagraph (E), as so redesignated--
                        (A) by striking ``or (C)'' and inserting ``(C), or
                    (D)'';
                        (B) by striking ``disaster declaration'' each place
                    it appears and inserting ``disaster or emergency
                    declaration'';
                        (C) by striking ``disaster has occurred'' and
                    inserting ``disaster or emergency has occurred'';
                        (D) by striking ``such disaster'' and inserting
                    ``such disaster or emergency''; and
                        (E) by striking ``disaster stricken'' and inserting
                    ``disaster- or emergency-stricken''; and
                (7) in the flush matter following subparagraph (E), as so
            redesignated, by striking the period at the end and inserting
            the following: ``: Provided further, That for purposes of
            subparagraph (D), the Administrator shall deem that such an
            emergency affects each State or subdivision thereof (including
            counties), and that each State or subdivision has sufficient
            economic damage to small business concerns to qualify for
            assistance under this paragraph and the Administrator shall
            accept applications for such assistance immediately.''.

    [[Page 134 STAT. 309]]

    SEC. 1111. <<NOTE: 15 USC 9010.>>  RESOURCES AND SERVICES IN
                              LANGUAGES OTHER THAN ENGLISH.

        (a) In General.--The Administrator shall provide the resources and
    services made available by the Administration to small business concerns
    in the 10 most commonly spoken languages, other than English, in the
    United States, which shall include Mandarin, Cantonese, Japanese, and
    Korean.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $25,000,000 to carry out this section.
    SEC. 1112. <<NOTE: 15 USC 9011.>>  SUBSIDY FOR CERTAIN LOAN
                              PAYMENTS.

        (a) Definition of Covered Loan.--In this section, the term ``covered
    loan'' means a loan that is--
                (1) guaranteed by the Administration under--
                        (A) section 7(a) of the Small Business Act (15
                    U.S.C. 636(a))--
                              (i) including a loan made under the Community
                          Advantage Pilot Program of the Administration; and
                              (ii) excluding a loan made under paragraph
                          (36) of such section 7(a), as added by section
                          1102; or
                        (B) title V of the Small Business Investment Act of
                    1958 (15 U.S.C. 695 et seq.); or
                (2) made by an intermediary to a small business concern
            using loans or grants received under section 7(m) of the Small
            Business Act (15 U.S.C. 636(m)).

        (b) Sense of Congress.--It is the sense of Congress that--
                (1) all borrowers are adversely affected by COVID-19;
                (2) relief payments by the Administration are appropriate
            for all borrowers; and
                (3) in addition to the relief provided under this Act, the
            Administration should encourage lenders to provide payment
            deferments, when appropriate, and to extend the maturity of
            covered loans, so as to avoid balloon payments or any
            requirement for increases in debt payments resulting from
            deferments provided by lenders during the period of the national
            emergency declared by the President under the National
            Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
            Coronavirus Disease 2019 (COVID-19).

        (c) Principal and Interest Payments.--
                (1) <<NOTE: Time periods.>>  In general.--The Administrator
            shall pay the principal, interest, and any associated fees that
            are owed on a covered loan in a regular servicing status--
                        (A) with respect to a covered loan made before the
                    date of enactment of this Act and not on deferment, for
                    the 6-month period beginning with the next payment due
                    on the covered loan;
                        (B) with respect to a covered loan made before the
                    date of enactment of this Act and on deferment, for the
                    6-month period beginning with the next payment due on
                    the covered loan after the deferment period; and
                        (C) with respect to a covered loan made during the
                    period beginning on the date of enactment of this Act
                    and ending on the date that is 6 months after such date
                    of enactment, for the 6-month period beginning with the
                    first payment due on the covered loan.

    [[Page 134 STAT. 310]]

                (2) <<NOTE: Deadline.>>  Timing of payment.--The
            Administrator shall begin making payments under paragraph (1) on
            a covered loan not later than 30 days after the date on which
            the first such payment is due.
                (3) Application of payment.--Any payment made by the
            Administrator under paragraph (1) shall be applied to the
            covered loan such that the borrower is relieved of the
            obligation to pay that amount.

        (d) <<NOTE: Coordination.>>  Other Requirements.--The Administrator
    shall--
                (1) communicate and coordinate with the Federal Deposit
            Insurance Corporation, the Office of the Comptroller of the
            Currency, and State bank regulators to encourage those entities
            to not require lenders to increase their reserves on account of
            receiving payments made by the Administrator under subsection
            (c);
                (2) <<NOTE: Waiver authority. Time period.>>  waive
            statutory limits on maximum loan maturities for any covered loan
            durations where the lender provides a deferral and extends the
            maturity of covered loans during the 1-year period following the
            date of enactment of this Act; and
                (3) <<NOTE: Deadline.>>  when necessary to provide more time
            because of the potential of higher volumes, travel restrictions,
            and the inability to access some properties during the COVID-19
            pandemic, extend lender site visit requirements to--
                        (A) not more than 60 days (which may be extended at
                    the discretion of the Administration) after the
                    occurrence of an adverse event, other than a payment
                    default, causing a loan to be classified as in
                    liquidation; and
                        (B) not more than 90 days after a payment default.

        (e) Rule of Construction.--Nothing in this section may be construed
    to limit the authority of the Administrator to make payments pursuant to
    subsection (c) with respect to a covered loan solely because the covered
    loan has been sold in the secondary market.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $17,000,000,000 to carry out this
    section.
    SEC. 1113. BANKRUPTCY.

        (a) Small Business Debtor Reorganization.--
                (1) In general.--Section 1182(1) of title 11, United States
            Code, is amended to read as follows:
                ``(1) <<NOTE: Definition.>>  Debtor.--The term `debtor'--
                        ``(A) subject to subparagraph (B), means a person
                    engaged in commercial or business activities (including
                    any affiliate of such person that is also a debtor under
                    this title and excluding a person whose primary activity
                    is the business of owning single asset real estate) that
                    has aggregate noncontingent liquidated secured and
                    unsecured debts as of the date of the filing of the
                    petition or the date of the order for relief in an
                    amount not more than $7,500,000 (excluding debts owed to
                    1 or more affiliates or insiders) not less than 50
                    percent of which arose from the commercial or business
                    activities of the debtor; and
                        ``(B) does not include--
                              ``(i) any member of a group of affiliated
                          debtors that has aggregate noncontingent
                          liquidated secured

    [[Page 134 STAT. 311]]

                          and unsecured debts in an amount greater than
                          $7,500,000 (excluding debt owed to 1 or more
                          affiliates or insiders);
                              ``(ii) any debtor that is a corporation
                          subject to the reporting requirements under
                          section 13 or 15(d) of the Securities Exchange Act
                          of 1934 (15 U.S.C. 78m, 78o(d)); or
                              ``(iii) any debtor that is an affiliate of an
                          issuer, as defined in section 3 of the Securities
                          Exchange Act of 1934 (15 U.S.C. 78c).''.
                (2) Applicability of chapters.--Section 103(i) of title 11,
            United States Code, is amended by striking ``small business
            debtor'' and inserting ``debtor (as defined in section 1182)''.
                (3) <<NOTE: 11 USC 1182 note.>>  Application of amendment.--
            The amendment made by paragraph (1) shall apply only with
            respect to cases commenced under title 11, United States Code,
            on or after the date of enactment of this Act.
                (4) Technical corrections.--
                        (A) Definition of small business debtor.--Section
                    101(51D)(B)(iii) of title 11, United States Code, is
                    amended to read as follows:
                              ``(iii) any debtor that is an affiliate of an
                          issuer (as defined in section 3 of the Securities
                          Exchange Act of 1934 (15 U.S.C. 78c)).''.
                        (B) Unclaimed property.--Section 347(b) of title 11,
                    United States Code, is amended by striking ``1194'' and
                    inserting ``1191''.
                (5) <<NOTE: 11 USC 1182 note.>>  Sunset.--On the date that
            is 1 year after the date of enactment of this Act, section
            1182(1) of title 11, United States Code, is amended to read as
            follows:
                ``(1) <<NOTE: Definition.>>  Debtor.--The term `debtor'
            means a small business debtor.''.

        (b) Bankruptcy Relief.--
                (1) In general.--
                        (A) Exclusion from current monthly income.--Section
                    101(10A)(B)(ii) of title 11, United States Code, is
                    amended--
                              (i) in subclause (III), by striking ``; and''
                          and inserting a semicolon;
                              (ii) in subclause (IV), by striking the period
                          at the end and inserting ``; and''; and
                              (iii) by adding at the end the following:
                                        ``(V) Payments made under Federal
                                    law relating to the national emergency
                                    declared by the President under the
                                    National Emergencies Act (50 U.S.C. 1601
                                    et seq.) with respect to the coronavirus
                                    disease 2019 (COVID-19).''.
                        (B) Confirmation of plan.--Section 1325(b)(2) of
                    title 11, United States Code, is amended by inserting
                    ``payments made under Federal law relating to the
                    national emergency declared by the President under the
                    National Emergencies Act (50 U.S.C. 1601 et seq.) with
                    respect to the coronavirus disease 2019 (COVID-19),''
                    after ``other than''.
                        (C) Modification of plan after confirmation.--
                    Section 1329 of title 11, United States Code, is amended
                    by adding at end the following:

    [[Page 134 STAT. 312]]

        ``(d)(1) Subject to paragraph (3), for a plan confirmed prior to the
    date of enactment of this subsection, the plan may be modified upon the
    request of the debtor if--
                ``(A) the debtor is experiencing or has experienced a
            material financial hardship due, directly or indirectly, to the
            coronavirus disease 2019 (COVID-19) pandemic; and
                ``(B) the modification is approved after notice and a
            hearing.

        ``(2) <<NOTE: Time period.>>  A plan modified under paragraph (1)
    may not provide for payments over a period that expires more than 7
    years after the time that the first payment under the original confirmed
    plan was due.

        ``(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of
    section 1325(a) shall apply to any modification under paragraph (1).''.
                        (D) Applicability.--
                              (i) <<NOTE: 11 USC 101 note.>>  The amendments
                          made by subparagraphs (A) and (B) shall apply to
                          any case commenced before, on, or after the date
                          of enactment of this Act.
                              (ii) <<NOTE: 11 USC 1329 note.>>  The
                          amendment made by subparagraph (C) shall apply to
                          any case for which a plan has been confirmed under
                          section 1325 of title 11, United States Code,
                          before the date of enactment of this Act.
                (2) Sunset.--
                        (A) In general.--
                              (i) Exclusion from current monthly income.--
                          Section 101(10A)(B)(ii) of title 11, United States
                          Code, is amended--
                                        (I) in subclause (III), by striking
                                    the semicolon at the end and inserting
                                    ``; and'';
                                        (II) in subclause (IV), by striking
                                    ``; and'' and inserting a period; and
                                        (III) by striking subclause (V).
                              (ii) Confirmation of plan.--Section 1325(b)(2)
                          of title 11, United States Code, is amended by
                          striking ``payments made under Federal law
                          relating to the national emergency declared by the
                          President under the National Emergencies Act (50
                          U.S.C. 1601 et seq.) with respect to the
                          coronavirus disease 2019 (COVID-19),''.
                              (iii) Modification of plan after
                          confirmation.--Section 1329 of title 11, United
                          States Code, is amended by striking subsection
                          (d).
                        (B) <<NOTE: 11 USC 101 note.>>  Effective date.--The
                    amendments made by subparagraph (A) shall take effect on
                    the date that is 1 year after the date of enactment of
                    this Act.
    SEC. 1114. <<NOTE: Deadline. 15 USC 9012.>>  EMERGENCY RULEMAKING
                              AUTHORITY.

        Not later than 15 days after the date of enactment of this Act, the
    Administrator shall issue regulations to carry out this title and the
    amendments made by this title without regard to the notice requirements
    under section 553(b) of title 5, United States Code.

    [[Page 134 STAT. 313]]

       TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

     Subtitle A <<NOTE: Relief for Workers Affected by Coronavirus Act.>> --
    Unemployment Insurance Provisions
    SEC. 2101. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Relief for Workers Affected by
    Coronavirus Act''.
    SEC. 2102. <<NOTE: 15 USC 9021.>>  PANDEMIC UNEMPLOYMENT
                              ASSISTANCE.

        (a) Definitions.--In this section:
                (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel
            Coronavirus or 2019-nCoV.
                (2) COVID-19 public health emergency.--The term ``COVID-19
            public health emergency'' means the public health emergency
            declared by the Secretary of Health and Human Services on
            January 27, 2020, with respect to the 2019 Novel Coronavirus.
                (3) Covered individual.--The term ``covered individual''--
                        (A) means an individual who--
                              (i) is not eligible for regular compensation
                          or extended benefits under State or Federal law or
                          pandemic emergency unemployment compensation under
                          section 2107, including an individual who has
                          exhausted all rights to regular unemployment or
                          extended benefits under State or Federal law or
                          pandemic emergency unemployment compensation under
                          section 2107; and
                              (ii) provides self-certification that the
                          individual--
                                        (I) is otherwise able to work and
                                    available for work within the meaning of
                                    applicable State law, except the
                                    individual is unemployed, partially
                                    unemployed, or unable or unavailable to
                                    work because--
                                                (aa) the individual has been
                                            diagnosed with COVID-19 or is
                                            experiencing symptoms of COVID-
                                            19 and seeking a medical
                                            diagnosis;
                                                (bb) a member of the
                                            individual's household has been
                                            diagnosed with COVID-19;
                                                (cc) the individual is
                                            providing care for a family
                                            member or a member of the
                                            individual's household who has
                                            been diagnosed with COVID-19;
                                                (dd) a child or other person
                                            in the household for which the
                                            individual has primary
                                            caregiving responsibility is
                                            unable to attend school or
                                            another facility that is closed
                                            as a direct result of the COVID-
                                            19 public health emergency and
                                            such school or facility care is
                                            required for the individual to
                                            work;
                                                (ee) the individual is
                                            unable to reach the place of
                                            employment because of a
                                            quarantine imposed as a direct
                                            result of the COVID-19 public
                                            health emergency;

    [[Page 134 STAT. 314]]

                                                (ff) the individual is
                                            unable to reach the place of
                                            employment because the
                                            individual has been advised by a
                                            health care provider to self-
                                            quarantine due to concerns
                                            related to COVID-19;
                                                (gg) the individual was
                                            scheduled to commence employment
                                            and does not have a job or is
                                            unable to reach the job as a
                                            direct result of the COVID-19
                                            public health emergency;
                                                (hh) the individual has
                                            become the breadwinner or major
                                            support for a household because
                                            the head of the household has
                                            died as a direct result of
                                            COVID-19;
                                                (ii) the individual has to
                                            quit his or her job as a direct
                                            result of COVID-19;
                                                (jj) the individual's place
                                            of employment is closed as a
                                            direct result of the COVID-19
                                            public health emergency; or
                                                (kk) the individual meets
                                            any additional criteria
                                            established by the Secretary for
                                            unemployment assistance under
                                            this section; or
                                        (II) is self-employed, is seeking
                                    part-time employment, does not have
                                    sufficient work history, or otherwise
                                    would not qualify for regular
                                    unemployment or extended benefits under
                                    State or Federal law or pandemic
                                    emergency unemployment compensation
                                    under section 2107 and meets the
                                    requirements of subclause (I); and
                        (B) does not include--
                              (i) an individual who has the ability to
                          telework with pay; or
                              (ii) an individual who is receiving paid sick
                          leave or other paid leave benefits, regardless of
                          whether the individual meets a qualification
                          described in items (aa) through (kk) of
                          subparagraph (A)(i)(I).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Labor.
                (5) State.--The term ``State'' includes the District of
            Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
            Guam, American Samoa, the Commonwealth of the Northern Mariana
            Islands, the Federated States of Micronesia, the Republic of the
            Marshall Islands, and the Republic of Palau.

        (b) Assistance for Unemployment as a Result of COVID-19.--Subject to
    subsection (c), the Secretary shall provide to any covered individual
    unemployment benefit assistance while such individual is unemployed,
    partially unemployed, or unable to work for the weeks of such
    unemployment with respect to which the individual is not entitled to any
    other unemployment compensation (as that term is defined in section
    85(b) of title 26, United States Code) or waiting period credit.
        (c) Applicability.--
                (1) In general.--Except as provided in paragraph (2), the
            assistance authorized under subsection (b) shall be available to
            a covered individual--
                        (A) <<NOTE: Time period.>>  for weeks of
                    unemployment, partial unemployment, or inability to work
                    caused by COVID-19--

    [[Page 134 STAT. 315]]

                              (i) beginning on or after January 27, 2020;
                          and
                              (ii) ending on or before December 31, 2020;
                          and
                        (B) subject to subparagraph (A)(ii), as long as the
                    covered individual's unemployment, partial unemployment,
                    or inability to work caused by COVID-19 continues.
                (2) Limitation on duration of assistance.--The total number
            of weeks for which a covered individual may receive assistance
            under this section shall not exceed 39 weeks and such total
            shall include any week for which the covered individual received
            regular compensation or extended benefits under any Federal or
            State law, except that if after the date of enactment of this
            Act, the duration of extended benefits is extended, the 39-week
            period described in this paragraph shall be extended by the
            number of weeks that is equal to the number of weeks by which
            the extended benefits were extended.
                (3) Assistance for unemployment before date of enactment.--
            The <<NOTE: Time period.>>  Secretary shall establish a process
            for making assistance under this section available for weeks
            beginning on or after January 27, 2020, and before the date of
            enactment of this Act.

        (d) Amount of Assistance.--
                (1) In general.--The assistance authorized under subsection
            (b) for a week of unemployment, partial unemployment, or
            inability to work shall be--
                        (A)(i) the weekly benefit amount authorized under
                    the unemployment compensation law of the State where the
                    covered individual was employed, except that the amount
                    may not be less than the minimum weekly benefit amount
                    described in section 625.6 of title 20, Code of Federal
                    Regulations, or any successor thereto; and
                        (ii) the amount of Federal Pandemic Unemployment
                    Compensation under section 2104; and
                        (B) in the case of an increase of the weekly benefit
                    amount after the date of enactment of this Act,
                    increased in an amount equal to such increase.
                (2) Calculations of amounts for certain covered
            individuals.--In the case of a covered individual who is self-
            employed, who lives in a territory described in subsection (c)
            or (d) of section 625.6 of title 20, Code of Federal
            Regulations, or who would not otherwise qualify for unemployment
            compensation under State law, the assistance authorized under
            subsection (b) for a week of unemployment shall be calculated in
            accordance with section 625.6 of title 20, Code of Federal
            Regulations, or any successor thereto, and shall be increased by
            the amount of Federal Pandemic Unemployment Compensation under
            section 2104.
                (3) Allowable methods of payment.--Any assistance provided
            for in accordance with paragraph (1)(A)(ii) shall be payable
            either--
                        (A) as an amount which is paid at the same time and
                    in the same manner as the assistance provided for in
                    paragraph (1)(A)(i) is payable for the week involved; or
                        (B) at the option of the State, by payments which
                    are made separately from, but on the same weekly basis
                    as, any assistance provided for in paragraph (1)(A)(i).

    [[Page 134 STAT. 316]]

        (e) Waiver of State Requirement.--Notwithstanding State law, for
    purposes of assistance authorized under this section, compensation under
    this Act shall be made to an individual otherwise eligible for such
    compensation without any waiting period.
        (f) Agreements With States.--
                (1) In general.--The Secretary shall provide the assistance
            authorized under subsection (b) through agreements with States
            which, in the judgment of the Secretary, have an adequate system
            for administering such assistance through existing State
            agencies.
                (2) Payments to states.--There shall be paid to each State
            which has entered into an agreement under this subsection an
            amount equal to 100 percent of--
                        (A) the total amount of assistance provided by the
                    State pursuant to such agreement; and
                        (B) any additional administrative expenses incurred
                    by the State by reason of such agreement (as determined
                    by the Secretary), including any administrative expenses
                    necessary to facilitate processing of applications for
                    assistance under this section online or by telephone
                    rather than in-person.
                (3) <<NOTE: Reimbursement. Determination. Estimate.>>  Terms
            of payments.--Sums payable to any State by reason of such
            State's having an agreement under this subsection shall be
            payable, either in advance or by way of reimbursement (as
            determined by the Secretary), in such amounts as the Secretary
            estimates the State will be entitled to receive under this
            subsection for each calendar month, reduced or increased, as the
            case may be, by any amount by which the Secretary finds that his
            estimates for any prior calendar month were greater or less than
            the amounts which should have been paid to the State. Such
            estimates may be made on the basis of such statistical,
            sampling, or other method as may be agreed upon by the Secretary
            and the State agency of the State involved.

        (g) Funding.--
                (1) Assistance.--
                        (A) In general.--Funds in the extended unemployment
                    compensation account (as established by section 905(a)
                    of the Social Security Act (42 U.S.C. 1105(a)) of the
                    Unemployment Trust Fund (as established by section
                    904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
                    make payments to States pursuant to subsection
                    (f)(2)(A).
                        (B) Transfer of funds.--Notwithstanding any other
                    provision of law, the Secretary of the Treasury shall
                    transfer from the general fund of the Treasury (from
                    funds not otherwise appropriated) to the extended
                    unemployment compensation account such sums as the
                    Secretary of Labor estimates to be necessary to make
                    payments described in subparagraph (A). There are
                    appropriated from the general fund of the Treasury,
                    without fiscal year limitation, the sums referred to in
                    the preceding sentence and such sums shall not be
                    required to be repaid.
                (2) Administrative expenses.--
                        (A) In general.--Funds in the employment security
                    administration account (as established by section 901(a)
                    of the Social Security Act (42 U.S.C. 1105(a)) of the
                    Unemployment Trust Fund (as established by section

    [[Page 134 STAT. 317]]

                    904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
                    make payments to States pursuant to subsection
                    (f)(2)(B).
                        (B) Transfer of funds.--Notwithstanding any other
                    provision of law, the Secretary of the Treasury shall
                    transfer from the general fund of the Treasury (from
                    funds not otherwise appropriated) to the employment
                    security administration account such sums as the
                    Secretary of Labor estimates to be necessary to make
                    payments described in subparagraph (A). There are
                    appropriated from the general fund of the Treasury,
                    without fiscal year limitation, the sums referred to in
                    the preceding sentence and such sums shall not be
                    required to be repaid.
                (3) Certifications.--The Secretary of Labor shall from time
            to time certify to the Secretary of the Treasury for payment to
            each State the sums payable to such State under paragraphs (1)
            and (2).

        (h) Relationship Between Pandemic Unemployment Assistance and
    Disaster Unemployment Assistance.--Except
    as <<NOTE: Applicability. Definitions.>>  otherwise provided in this
    section or to the extent there is a conflict between this section and
    section 625 of title 20, Code of Federal Regulations, such section 625
    shall apply to this section as if--
                (1) the term ``COVID-19 public health emergency'' were
            substituted for the term ``major disaster'' each place it
            appears in such section 625; and
                (2) the term ``pandemic'' were substituted for the term
            ``disaster'' each place it appears in such section 625.
    SEC. 2103. <<NOTE: 15 USC 9022.>>  EMERGENCY UNEMPLOYMENT RELIEF
                              FOR GOVERNMENTAL ENTITIES AND NONPROFIT
                              ORGANIZATIONS.

        (a) Flexibility in Paying Reimbursement.--The Secretary of Labor may
    issue clarifying guidance to allow States to interpret their State
    unemployment compensation laws in a manner that would provide maximum
    flexibility to reimbursing employers as it relates to timely payment and
    assessment of penalties and interest pursuant to such State laws.
        (b) Federal Funding.--Section 903 of the Social Security Act (42
    U.S.C. 1103) is amended by adding at the end the following:

        ``Transfers for Federal Reimbursement of State Unemployment Funds

        ``(i)(1)(A) In addition to any other amounts, the Secretary of Labor
    shall provide for the transfer of funds during the applicable period to
    the accounts of the States in the Unemployment Trust Fund, by transfer
    from amounts reserved for that purpose in the Federal unemployment
    account, in accordance with the succeeding provisions of this
    subsection.
        ``(B) The amount of funds transferred to the account of a State
    under subparagraph (A) during the applicable period shall, as determined
    by the Secretary of Labor, be equal to one-half of the amounts of
    compensation (as defined in section 3306(h) of the Internal Revenue Code
    of 1986) attributable under the State law to service to which section
    3309(a)(1) of such Code applies that were paid by the State for weeks of
    unemployment beginning and ending during such period. Such transfers
    shall be made at such times as the Secretary of Labor considers
    appropriate.
        ``(C) Notwithstanding any other law, funds transferred to the
    account of a State under subparagraph (A) shall be used exclusively

    [[Page 134 STAT. 318]]

    to reimburse governmental entities and other organizations described in
    section 3309(a)(2) of such Code for amounts paid (in lieu of
    contributions) into the State unemployment fund pursuant to such
    section.
        ``(D) <<NOTE: Definition. Time period.>>  For purposes of this
    paragraph, the term `applicable period' means the period beginning on
    March 13, 2020, and ending on December 31, 2020.

        ``(2)(A) Notwithstanding any other provision of law, the Secretary
    of the Treasury shall transfer from the general fund of the Treasury
    (from funds not otherwise appropriated) to the Federal unemployment
    account such sums as the Secretary of Labor estimates to be necessary
    for purposes of making the transfers described in paragraph (1).
        ``(B) There are appropriated from the general fund of the Treasury,
    without fiscal year limitation, the sums referred to in subparagraph (A)
    and such sums shall not be required to be repaid.''.
    SEC. 2104. <<NOTE: 15 USC 9023.>>  EMERGENCY INCREASE IN
                              UNEMPLOYMENT COMPENSATION BENEFITS.

        (a) Federal-State Agreements.--Any State which desires to do so may
    enter into and participate in an agreement under this section with the
    Secretary of Labor (in this section referred to as the
    ``Secretary''). <<NOTE: Time period. Notification.>>  Any State which is
    a party to an agreement under this section may, upon providing 30 days'
    written notice to the Secretary, terminate such agreement.

        (b) Provisions of Agreement.--
                (1) Federal pandemic unemployment compensation.--Any
            agreement under this section shall provide that the State agency
            of the State will make payments of regular compensation to
            individuals in amounts and to the extent that they would be
            determined if the State law of the State were applied, with
            respect to any week for which the individual is (disregarding
            this section) otherwise entitled under the State law to receive
            regular compensation, as if such State law had been modified in
            a manner such that the amount of regular compensation (including
            dependents' allowances) payable for any week shall be equal to--
                        (A) the amount determined under the State law
                    (before the application of this paragraph), plus
                        (B) an additional amount of $600 (in this section
                    referred to as ``Federal Pandemic Unemployment
                    Compensation'').
                (2) Allowable methods of payment.--Any Federal Pandemic
            Unemployment Compensation provided for in accordance with
            paragraph (1) shall be payable either--
                        (A) as an amount which is paid at the same time and
                    in the same manner as any regular compensation otherwise
                    payable for the week involved; or
                        (B) at the option of the State, by payments which
                    are made separately from, but on the same weekly basis
                    as, any regular compensation otherwise payable.

        (c) Nonreduction Rule.--
                (1) <<NOTE: Determination.>>  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

    [[Page 134 STAT. 319]]

            law of that State has been modified in a manner such that the
            number of weeks (the maximum benefit entitlement), or the
            average weekly benefit amount, of regular compensation which
            will be payable during the period of the agreement (determined
            disregarding any Federal Pandemic Unemployment Compensation)
            will be less than the number of weeks, or the average weekly
            benefit amount, of the average weekly benefit amount of regular
            compensation which would otherwise have been payable during such
            period under the State law, as in effect on January 1, 2020.
                (2) <<NOTE: Definition.>>  Maximum benefit entitlement.--In
            paragraph (1), the term ``maximum benefit entitlement'' means
            the amount of regular unemployment compensation payable to an
            individual with respect to the individual's benefit year.

        (d) Payments to States.--
                (1) In general.--
                        (A) Full reimbursement.--There shall be paid to each
                    State which has entered into an agreement under this
                    section an amount equal to 100 percent of--
                              (i) the total amount of Federal Pandemic
                          Unemployment Compensation paid to individuals by
                          the State pursuant to such agreement; and
                              (ii) <<NOTE: Determination.>>  any additional
                          administrative expenses incurred by the State by
                          reason of such agreement (as determined by the
                          Secretary).

                    (B) <<NOTE: Reimbursement. Determination. Estimate.>>
                    Terms of payments.--Sums payable to any State by reason
                    of such State's having an agreement under this section
                    shall be payable, either in advance or by way of
                    reimbursement (as determined by the Secretary), in such
                    amounts as the Secretary estimates the State will be
                    entitled to receive under this section for each calendar
                    month, reduced or increased, as the case may be, by any
                    amount by which the Secretary finds that his estimates
                    for any prior calendar month were greater or less than
                    the amounts which should have been paid to the State.
                    Such estimates may be made on the basis of such
                    statistical, sampling, or other method as may be agreed
                    upon by the Secretary and the State agency of the State
                    involved.
                (2) Certifications.--The Secretary shall from time to time
            certify to the Secretary of the Treasury for payment to each
            State the sums payable to such State under this section.
                (3) Appropriation.--There are appropriated from the general
            fund of the Treasury, without fiscal year limitation, such sums
            as may be necessary for purposes of this subsection.

        (e) <<NOTE: Time period.>>  Applicability.--An agreement entered
    into under this section shall apply to weeks of unemployment--
                (1) beginning after the date on which such agreement is
            entered into; and
                (2) ending on or before July 31, 2020.

        (f) Fraud and Overpayments.--
                (1) In general.--If an individual knowingly has made, or
            caused to be made by another, a false statement or
            representation of a material fact, or knowingly has failed, or
            caused another to fail, to disclose a material fact, and as a
            result

    [[Page 134 STAT. 320]]

            of such false statement or representation or of such
            nondisclosure such individual has received an amount of Federal
            Pandemic Unemployment Compensation to which such individual was
            not entitled, such individual--
                        (A) shall be ineligible for further Federal Pandemic
                    Unemployment Compensation in accordance with the
                    provisions of the applicable State unemployment
                    compensation law relating to fraud in connection with a
                    claim for unemployment compensation; and
                        (B) shall be subject to prosecution under section
                    1001 of title 18, United States Code.
                (2) Repayment.--In the case of individuals who have received
            amounts of Federal Pandemic Unemployment Compensation to which
            they were not entitled, the State shall require such individuals
            to repay the amounts of such Federal Pandemic Unemployment
            Compensation to the State agency, except that the State agency
            may waive such repayment if it determines that--
                        (A) the payment of such Federal Pandemic
                    Unemployment Compensation was without fault on the part
                    of any such individual; and
                        (B) such repayment would be contrary to equity and
                    good conscience.
                (3) Recovery by state agency.--
                        (A) <<NOTE: Time period.>>  In general.--The State
                    agency shall recover the amount to be repaid, or any
                    part thereof, by deductions from any Federal Pandemic
                    Unemployment Compensation payable to such individual or
                    from any unemployment compensation payable to such
                    individual under any State or Federal unemployment
                    compensation law administered by the State agency or
                    under any other State or Federal law administered by the
                    State agency which provides for the payment of any
                    assistance or allowance with respect to any week of
                    unemployment, during the 3-year period after the date
                    such individuals received the payment of the Federal
                    Pandemic Unemployment Compensation to which they were
                    not entitled, in accordance with the same procedures as
                    apply to the recovery of overpayments of regular
                    unemployment benefits paid by the State.
                        (B) <<NOTE: Determination. Notification.>>
                    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) <<NOTE: Determination.>>  Review.--Any determination by
            a State agency under this section shall be subject to review in
            the same manner and to the same extent as determinations under
            the State unemployment compensation law, and only in that manner
            and to that extent.

        (g) Application to Other Unemployment Benefits.--Each agreement
    under this section shall include provisions to provide that the purposes
    of the preceding provisions of this section shall be applied with
    respect to unemployment benefits described in subsection (i)(2) to the
    same extent and in the same manner as if those benefits were regular
    compensation.
        (h) Disregard of Additional Compensation for Purposes of Medicaid
    and CHIP.--The monthly equivalent of any Federal

    [[Page 134 STAT. 321]]

    pandemic unemployment compensation paid to an individual under this
    section shall be disregarded when determining income for any purpose
    under the programs established under titles XIX and title XXI of the
    Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) .
        (i) Definitions.--For purposes of this section--
                (1) the terms ``compensation'', ``regular compensation'',
            ``benefit year'', ``State'', ``State agency'', ``State law'',
            and ``week'' have the respective meanings given such terms under
            section 205 of the Federal-State Extended Unemployment
            Compensation Act of 1970 (26 U.S.C. 3304 note); and
                (2) any reference to unemployment benefits described in this
            paragraph shall be considered to refer to--
                        (A) extended compensation (as defined by section 205
                    of the Federal-State Extended Unemployment Compensation
                    Act of 1970);
                        (B) regular compensation (as defined by section
                    85(b) of the Internal Revenue Code of 1986) provided
                    under any program administered by a State under an
                    agreement with the Secretary;
                        (C) pandemic unemployment assistance under section
                    2102; and
                        (D) pandemic emergency unemployment compensation
                    under section 2107.
    SEC. 2105. <<NOTE: 15 USC 9024.>>  TEMPORARY FULL FEDERAL FUNDING
                              OF THE FIRST WEEK OF COMPENSABLE REGULAR
                              UNEMPLOYMENT FOR STATES WITH NO WAITING
                              WEEK.

        (a) Federal-State Agreements.--Any State which desires to do so may
    enter into and participate in an agreement under this section with the
    Secretary of Labor (in this section referred to as the
    ``Secretary''). <<NOTE: Time period. Notice.>>  Any State which is a
    party to an agreement under this section may, upon providing 30 days'
    written notice to the Secretary, terminate such agreement.

        (b) Requirement That State Law Does Not Apply a Waiting Week.--A
    State is eligible to enter into an agreement under this section if the
    State law (including a waiver of State law) provides that compensation
    is paid to individuals for their first week of regular unemployment
    without a waiting week. <<NOTE: Determination.>>  An agreement under
    this section shall not apply (or shall cease to apply) with respect to a
    State upon a determination by the Secretary that the State law no longer
    meets the requirement under the preceding sentence.

        (c) <<NOTE: Determinations.>>  Payments to States.--
                (1) Full reimbursement.--There shall be paid to each State
            which has entered into an agreement under this section an amount
            equal to 100 percent of--
                        (A) the total amount of regular compensation paid to
                    individuals by the State for their first week of regular
                    unemployment; and
                        (B) any additional administrative expenses incurred
                    by the State by reason of such agreement (as determined
                    by the Secretary).
                (2) Terms of payments.--Sums payable to any State by reason
            of such State's having an agreement under this section shall be
            payable, either in advance or by way of reimbursement (as
            determined by the Secretary), in such amounts as the

    [[Page 134 STAT. 322]]

            Secretary estimates the State will be entitled to receive under
            this section for each calendar month, reduced or increased, as
            the case may be, by any amount by which the Secretary finds that
            his estimates for any prior calendar month were greater or less
            than the amounts which should have been paid to the State. Such
            estimates may be made on the basis of such statistical,
            sampling, or other method as may be agreed upon by the Secretary
            and the State agency of the State involved.

        (d) Funding.--
                (1) Compensation.--
                        (A) In general.--Funds in the Federal unemployment
                    account (as established by section 905(g)) of the
                    Unemployment Trust Fund (as established by section
                    904(a)) shall be used to make payments under subsection
                    (c)(1)(A).
                        (B) Transfer of funds.--Notwithstanding any other
                    provision of law, the Secretary of the Treasury shall
                    transfer from the general fund of the Treasury (from
                    funds not otherwise appropriated) to the Federal
                    unemployment account such sums as the Secretary of Labor
                    estimates to be necessary to make payments described in
                    subparagraph (A). There are appropriated from the
                    general fund of the Treasury, without fiscal year
                    limitation, the sums referred to in the preceding
                    sentence and such sums shall not be required to be
                    repaid.
                (2) Administrative expenses.--
                        (A) In general.--Funds in the employment security
                    administration account (as established by section 901(a)
                    of the Social Security Act (42 U.S.C. 1105(a)) of the
                    Unemployment Trust Fund (as established by section
                    904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
                    make payments to States pursuant to subsection
                    (c)(1)(B).
                        (B) Transfer of funds.--Notwithstanding any other
                    provision of law, the Secretary of the Treasury shall
                    transfer from the general fund of the Treasury (from
                    funds not otherwise appropriated) to the employment
                    security administration account such sums as the
                    Secretary of Labor estimates to be necessary to make
                    payments described in subparagraph (A). There are
                    appropriated from the general fund of the Treasury,
                    without fiscal year limitation, the sums referred to in
                    the preceding sentence and such sums shall not be
                    required to be repaid.
                (3) Certifications.--The Secretary shall from time to time
            certify to the Secretary of the Treasury for payment to each
            State the sums payable to such State under this section.

        (e) <<NOTE: Time period.>>  Applicability.--An agreement entered
    into under this section shall apply to weeks of unemployment--
                (1) beginning after the date on which such agreement is
            entered into; and
                (2) ending on or before December 31, 2020.

        (f) <<NOTE: Applicability.>>  Fraud and Overpayments.--The
    provisions of section 2107(e) shall apply with respect to compensation
    paid under an agreement under this section to the same extent and in the
    same manner as in the case of pandemic emergency unemployment
    compensation under such section.

        (g) Definitions.--For purposes of this section, the terms ``regular
    compensation'', ``State'', ``State agency'', ``State law'', and ``week''

    [[Page 134 STAT. 323]]

    have the respective meanings given such terms under section 205 of the
    Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
    3304 note).
    SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.

        Section 4102(b) of the Emergency Unemployment Stabilization and
    Access Act of 2020 (contained in division D of the Families First
    Coronavirus Response Act) <<NOTE: Ante, p. 194.>>  is amended--
                (1) by striking ``or employer experience rating'' and
            inserting ``employer experience rating, or, subject to the
            succeeding sentence, personnel standards on a merit basis''; and
                (2) <<NOTE: Termination date.>>  by adding at the end the
            following new sentence: ``The emergency flexibility for
            personnel standards on a merit basis shall only apply through
            December 31, 2020, and is limited to engaging of temporary
            staff, rehiring of retirees or former employees on a non-
            competitive basis, and other temporary actions to quickly
            process applications and claims.''.
    SEC. 2107. <<NOTE: 15 USC 9025.>>  PANDEMIC EMERGENCY UNEMPLOYMENT
                              COMPENSATION.

        (a) Federal-State Agreements.--
                (1) In general.--Any State which desires to do so may enter
            into and participate in an agreement under this section with the
            Secretary of Labor (in this section referred to as the
            ``Secretary''). <<NOTE: Time period. Notification.>>  Any State
            which is a party to an agreement under this section may, upon
            providing 30 days' written notice to the Secretary, terminate
            such agreement.
                (2) Provisions of agreement.--Any agreement under paragraph
            (1) shall provide that the State agency of the State will make
            payments of pandemic emergency unemployment compensation to
            individuals who--
                        (A) have exhausted all rights to regular
                    compensation under the State law or under Federal law
                    with respect to a benefit year (excluding any benefit
                    year that ended before July1, 2019);
                        (B) have no rights to regular compensation with
                    respect to a week under such law or any other State
                    unemployment compensation law or to compensation under
                    any other Federal law;
                        (C) are not receiving compensation with respect to
                    such week under the unemployment compensation law of
                    Canada; and
                        (D) are able to work, available to work, and
                    actively seeking work.
                (3) Exhaustion of benefits.--For purposes of paragraph
            (2)(A), an individual shall be deemed to have exhausted such
            individual's rights to regular compensation under a State law
            when--
                        (A) no payments of regular compensation can be made
                    under such law because such individual has received all
                    regular compensation available to such individual based
                    on employment or wages during such individual's base
                    period; or
                        (B) such individual's rights to such compensation
                    have been terminated by reason of the expiration of the
                    benefit year with respect to which such rights existed.
                (4) Weekly benefit amount, etc.--For purposes of any
            agreement under this section--

    [[Page 134 STAT. 324]]

                        (A) the amount of pandemic emergency unemployment
                    compensation which shall be payable to any individual
                    for any week of total unemployment shall be equal to--
                              (i) the amount of the regular compensation
                          (including dependents' allowances) payable to such
                          individual during such individual's benefit year
                          under the State law for a week of total
                          unemployment; and
                              (ii) the amount of Federal Pandemic
                          Unemployment Compensation under section 2104;
                        (B) the terms and conditions of the State law which
                    apply to claims for regular compensation and to the
                    payment thereof (including terms and conditions relating
                    to availability for work, active search for work, and
                    refusal to accept work) shall apply to claims for
                    pandemic emergency unemployment compensation and the
                    payment thereof, except where otherwise inconsistent
                    with the provisions of this section or with the
                    regulations or operating instructions of the Secretary
                    promulgated to carry out this section;
                        (C) the maximum amount of pandemic emergency
                    unemployment compensation payable to any individual for
                    whom an pandemic emergency unemployment compensation
                    account is established under subsection (b) shall not
                    exceed the amount established in such account for such
                    individual; and
                        (D) the allowable methods of payment under section
                    2104(b)(2) shall apply to payments of amounts described
                    in subparagraph (A)(ii).
                (5) <<NOTE: Applicability. Determination.>>  Coordination
            rule.--An agreement under this section shall apply with respect
            to a State only upon a determination by the Secretary that,
            under the State law or other applicable rules of such State, the
            payment of extended compensation for which an individual is
            otherwise eligible must be deferred until after the payment of
            any pandemic emergency unemployment compensation under
            subsection (b) for which the individual is concurrently
            eligible.
                (6) Nonreduction rule.--
                        (A) <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  Maximum benefit
                    entitlement.--In subparagraph (A), the term ``maximum
                    benefit entitlement'' means the amount of regular
                    unemployment compensation payable to an individual with
                    respect to the individual's benefit year.
                (7) Actively seeking work.--

    [[Page 134 STAT. 325]]

                        (A) <<NOTE: Definition.>>  In general.--Subject to
                    subparagraph (C), for purposes of paragraph (2)(D), the
                    term ``actively seeking work'' means, with respect to
                    any individual, that such individual--
                              (i) is registered for employment services in
                          such a manner and to such extent as prescribed by
                          the State agency;
                              (ii) has engaged in an active search for
                          employment that is appropriate in light of the
                          employment available in the labor market, the
                          individual's skills and capabilities, and includes
                          a number of employer contacts that is consistent
                          with the standards communicated to the individual
                          by the State;
                              (iii) has maintained a record of such work
                          search, including employers contacted, method of
                          contact, and date contacted; and
                              (iv) when requested, has provided such work
                          search record to the State agency.
                        (B) Flexibility.--Notwithstanding the requirements
                    under subparagraph (A) and paragraph (2)(D), a State
                    shall provide flexibility in meeting such requirements
                    in case of individuals unable to search for work because
                    of COVID-19, including because of illness, quarantine,
                    or movement restriction.

        (b) Pandemic Emergency Unemployment Compensation Account.--
                (1) In general.--Any agreement under this section shall
            provide that the State will establish, for each eligible
            individual who files an application for pandemic emergency
            unemployment compensation, an pandemic emergency unemployment
            compensation account with respect to such individual's benefit
            year.
                (2) Amount in account.--The amount established in an account
            under subsection (a) shall be equal to 13 times the individual's
            average weekly benefit amount, which includes the amount of
            Federal Pandemic Unemployment Compensation under section 2104,
            for the benefit year.
                (3) Weekly benefit amount.--For purposes of this subsection,
            an individual's weekly benefit amount for any week is the amount
            of regular compensation (including dependents' allowances) under
            the State law payable to such individual for such week for total
            unemployment plus the amount of Federal Pandemic Unemployment
            Compensation under section 2104.

        (c) Payments to States Having Agreements for the Payment of Pandemic
    Emergency Unemployment Compensation.--
                (1) In general.--There shall be paid to each State that has
            entered into an agreement under this section an amount equal to
            100 percent of the pandemic emergency unemployment compensation
            paid to individuals by the State pursuant to such agreement.
                (2) Treatment of reimbursable compensation.--No payment
            shall be made to any State under this section in respect of any
            compensation to the extent the State is entitled to
            reimbursement in respect of such compensation under the
            provisions of any Federal law other than this section or chapter
            85 of title 5, United States Code. A State shall not be entitled
            to any reimbursement under such chapter 85 in respect of

    [[Page 134 STAT. 326]]

            any compensation to the extent the State is entitled to
            reimbursement under this section in respect of such
            compensation.
                (3) <<NOTE: Reimbursement. Estimate.>>  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 Treasury for payment to each

    [[Page 134 STAT. 327]]

            State the sums payable to such State under this subsection. The
            Secretary of the Treasury, prior to audit or settlement by the
            Government Accountability Office, shall make payments to the
            State in accordance with such certification, by transfers from
            the extended unemployment compensation account (as so
            established) to the account of such State in the Unemployment
            Trust Fund (as so established).

        (e) Fraud and Overpayments.--
                (1) In general.--If an individual knowingly has made, or
            caused to be made by another, a false statement or
            representation of a material fact, or knowingly has failed, or
            caused another to fail, to disclose a material fact, and as a
            result of such false statement or representation or of such
            nondisclosure such individual has received an amount of pandemic
            emergency unemployment compensation under this section to which
            such individual was not entitled, such individual--
                        (A) shall be ineligible for further pandemic
                    emergency unemployment compensation under this section
                    in accordance with the provisions of the applicable
                    State unemployment compensation law relating to fraud in
                    connection with a claim for unemployment compensation;
                    and
                        (B) shall be subject to prosecution under section
                    1001 of title 18, United States Code.
                (2) <<NOTE: Waiver authority. Determination.>>  Repayment.--
            In the case of individuals who have received amounts of pandemic
            emergency unemployment compensation under this section to which
            they were not entitled, the State shall require such individuals
            to repay the amounts of such pandemic emergency unemployment
            compensation to the State agency, except that the State agency
            may waive such repayment if it determines that--
                        (A) the payment of such pandemic emergency
                    unemployment compensation was without fault on the part
                    of any such individual; and
                        (B) such repayment would be contrary to equity and
                    good conscience.
                (3) Recovery by state agency.--
                        (A) <<NOTE: Time period.>>  In general.--The State
                    agency shall recover the amount to be repaid, or any
                    part thereof, by deductions from any pandemic emergency
                    unemployment compensation payable to such individual
                    under this section or from any unemployment compensation
                    payable to such individual under any State or Federal
                    unemployment compensation law administered by the State
                    agency or under any other State or Federal law
                    administered by the State agency which provides for the
                    payment of any assistance or allowance with respect to
                    any week of unemployment, during the 3-year period after
                    the date such individuals received the payment of the
                    pandemic emergency unemployment compensation to which
                    they were not entitled, in accordance with the same
                    procedures as apply to the recovery of overpayments of
                    regular unemployment benefits paid by the State.
                        (B) <<NOTE: Determination. Notification.>>
                    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.

    [[Page 134 STAT. 328]]

                (4) Review.--Any determination by a State agency under this
            section shall be subject to review in the same manner and to the
            same extent as determinations under the State unemployment
            compensation law, and only in that manner and to that extent.

        (f) Definitions.--In this section, the terms ``compensation'',
    ``regular compensation'', ``extended compensation'', ``benefit year'',
    ``base period'', ``State'', ``State agency'', ``State law'', and
    ``week'' have the respective meanings given such terms under section 205
    of the Federal-State Extended Unemployment Compensation Act of 1970 (26
    U.S.C. 3304 note).
        (g) <<NOTE: Time period.>>  Applicability.--An agreement entered
    into under this section shall apply to weeks of unemployment--
                (1) beginning after the date on which such agreement is
            entered into; and
                (2) ending on or before December 31, 2020.
    SEC. 2108. <<NOTE: 15 USC 9026.>>  TEMPORARY FINANCING OF SHORT-
                              TIME COMPENSATION PAYMENTS IN STATES
                              WITH PROGRAMS IN LAW.

        (a) Payments to States.--
                (1) In general.--Subject to paragraph (3), there shall be
            paid to a State an amount equal to 100 percent of the amount of
            short-time compensation paid under a short-time compensation
            program (as defined in section 3306(v) of the Internal Revenue
            Code of 1986) under the provisions of the State law.
                (2) <<NOTE: Reimbursement. Estimate.>>  Terms of payments.--
            Payments made to a State under paragraph (1) shall be payable by
            way of reimbursement in such amounts as the Secretary estimates
            the State will be entitled to receive under this section for
            each calendar month, reduced or increased, as the case may be,
            by any amount by which the Secretary finds that the Secretary's
            estimates for any prior calendar month were greater or less than
            the amounts which should have been paid to the State. Such
            estimates may be made on the basis of such statistical,
            sampling, or other method as may be agreed upon by the Secretary
            and the State agency of the State involved.
                (3) Limitations on payments.--
                        (A) General payment limitations.--No payments shall
                    be made to a State under this section for short-time
                    compensation paid to an individual by the State during a
                    benefit year in excess of 26 times the amount of regular
                    compensation (including dependents' allowances) under
                    the State law payable to such individual for a week of
                    total unemployment.
                        (B) Employer limitations.--No payments shall be made
                    to a State under this section for benefits paid to an
                    individual by the State under a short-time compensation
                    program if such individual is employed by the
                    participating employer on a seasonal, temporary, or
                    intermittent basis.

        (b) <<NOTE: Time period.>>  Applicability.--Payments to a State
    under subsection (a) shall be available for weeks of unemployment--
                (1) beginning on or after the date of the enactment of this
            Act; and
                (2) ending on or before December 31, 2020.

        (c) New Programs.--Subject to subsection (b)(2), if at any point
    after the date of the enactment of this Act the State enacts a State law
    providing for the payment of short-time compensation

    [[Page 134 STAT. 329]]

    under a short-time compensation program that meets the definition of
    such a program under section 3306(v) of the Internal Revenue Code of
    1986, the State shall be eligible for payments under this section after
    the effective date of such enactment.
        (d) Funding and Certifications.--
                (1) Funding.--There are appropriated, out of moneys in the
            Treasury not otherwise appropriated, such sums as may be
            necessary for purposes of carrying out this section.
                (2) Certifications.--The Secretary shall from time to time
            certify to the Secretary of the Treasury for payment to each
            State the sums payable to such State under this section.

        (e) Definitions.--In this section:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of Labor.
                (2) State; state agency; state law.--The terms ``State'',
            ``State agency'', and ``State law'' have the meanings given
            those terms in section 205 of the Federal-State Extended
            Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

        (f) Technical Correction to Definition.--Section 3306(v)(6) of the
    Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking
    ``Workforce Investment Act of 1998'' and inserting ``Workforce
    Innovation and Opportunity Act''.
    SEC. 2109. <<NOTE: 15 USC 9027.>>  TEMPORARY FINANCING OF SHORT-
                              TIME COMPENSATION AGREEMENTS.

        (a) Federal-State Agreements.--
                (1) In general.--Any State which desires to do so may enter
            into, and participate in, an agreement under this section with
            the Secretary provided that such State's law does not provide
            for the payment of short-time compensation under a short-time
            compensation program (as defined in section 3306(v) of the
            Internal Revenue Code of 1986).
                (2) <<NOTE: Deadline. Notification.>>  Ability to
            terminate.--Any State which is a party to an agreement under
            this section may, upon providing 30 days' written notice to the
            Secretary, terminate such agreement.

        (b) Provisions of Federal-State Agreement.--
                (1) In general.--Any agreement under this section shall
            provide that the State agency of the State will make payments of
            short-time compensation under a plan approved by the State. Such
            plan shall provide that payments are made in accordance with the
            requirements under section 3306(v) of the Internal Revenue Code
            of 1986.
                (2) Limitations on plans.--
                        (A) General payment limitations.--A short-time
                    compensation plan approved by a State shall not permit
                    the payment of short-time compensation to an individual
                    by the State during a benefit year in excess of 26 times
                    the amount of regular compensation (including
                    dependents' allowances) under the State law payable to
                    such individual for a week of total unemployment.
                        (B) Employer limitations.--A short-time compensation
                    plan approved by a State shall not provide payments to
                    an individual if such individual is employed by the
                    participating employer on a seasonal, temporary, or
                    intermittent basis.
                (3) Employer payment of costs.--Any short-time compensation
            plan entered into by an employer must provide that

    [[Page 134 STAT. 330]]

            the employer will pay the State an amount equal to one-half of
            the amount of short-time compensation paid under such plan. Such
            amount shall be deposited in the State's unemployment fund and
            shall not be used for purposes of calculating an employer's
            contribution rate under section 3303(a)(1) of the Internal
            Revenue Code of 1986.

        (c) Payments to States.--
                (1) In general.--There shall be paid to each State with an
            agreement under this section an amount equal to--
                        (A) one-half of the amount of short-time
                    compensation paid to individuals by the State pursuant
                    to such agreement; and
                        (B) any additional administrative expenses incurred
                    by the State by reason of such agreement (as determined
                    by the Secretary).
                (2) <<NOTE: Reimbursement. Estimate.>>  Terms of payments.--
            Payments made to a State under paragraph (1) shall be payable by
            way of reimbursement in such amounts as the Secretary estimates
            the State will be entitled to receive under this section for
            each calendar month, reduced or increased, as the case may be,
            by any amount by which the Secretary finds that the Secretary's
            estimates for any prior calendar month were greater or less than
            the amounts which should have been paid to the State. Such
            estimates may be made on the basis of such statistical,
            sampling, or other method as may be agreed upon by the Secretary
            and the State agency of the State involved.
                (3) Funding.--There are appropriated, out of moneys in the
            Treasury not otherwise appropriated, such sums as may be
            necessary for purposes of carrying out this section.
                (4) Certifications.--The Secretary shall from time to time
            certify to the Secretary of the Treasury for payment to each
            State the sums payable to such State under this section.

        (d) <<NOTE: Time period.>>  Applicability.--An agreement entered
    into under this section shall apply to weeks of unemployment--
                (1) beginning on or after the date on which such agreement
            is entered into; and
                (2) ending on or before December 31, 2020.

        (e) Special Rule.--If a State has entered into an agreement under
    this section and subsequently enacts a State law providing for the
    payment of short-time compensation under a short-time compensation
    program that meets the definition of such a program under section
    3306(v) of the Internal Revenue Code of 1986, the State--
                (1) shall not be eligible for payments under this section
            for weeks of unemployment beginning after the effective date of
            such State law; and
                (2) subject to section 2108(b)(2), shall be eligible to
            receive payments under section 2108 after the effective date of
            such State law.

        (f) Definitions.--In this section:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of Labor.
                (2) State; state agency; state law.--The terms ``State'',
            ``State agency'', and ``State law'' have the meanings given
            those terms in section 205 of the Federal-State Extended
            Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

    [[Page 134 STAT. 331]]

    SEC. 2110. <<NOTE: 15 USC 9028.>>  GRANTS FOR SHORT-TIME
                              COMPENSATION PROGRAMS.

        (a) Grants.--
                (1) For implementation or improved administration.--The
            Secretary shall award grants to States that enact short-time
            compensation programs (as defined in subsection (i)(2)) for the
            purpose of implementation or improved administration of such
            programs.
                (2) For promotion and enrollment.--The Secretary shall award
            grants to States that are eligible and submit plans for a grant
            under paragraph (1) for such States to promote and enroll
            employers in short-time compensation programs (as so defined).
                (3) Eligibility.--
                        (A) <<NOTE: Determination.>>  In general.--The
                    Secretary shall determine eligibility criteria for the
                    grants under paragraphs (1) and (2).
                        (B) Clarification.--A State administering a short-
                    time compensation program that does not meet the
                    definition of a short-time compensation program under
                    section 3306(v) of the Internal Revenue Code of 1986,
                    and a State with an agreement under section 2109, shall
                    not be eligible to receive a grant under this section
                    until such time as the State law of the State provides
                    for payments under a short-time compensation program
                    that meets such definition and such law.

        (b) Amount of Grants.--
                (1) In general.--The maximum amount available for making
            grants to a State under paragraphs (1) and (2) shall be equal to
            the amount obtained by multiplying $100,000,000 (less the amount
            used by the Secretary under subsection (e)) by the same ratio as
            would apply under subsection (a)(2)(B) of section 903 of the
            Social Security Act (42 U.S.C. 1103) for purposes of determining
            such State's share of any excess amount (as described in
            subsection (a)(1) of such section) that would have been subject
            to transfer to State accounts, as of October 1, 2019, under the
            provisions of subsection (a) of such section.
                (2) Amount available for different grants.--Of the maximum
            incentive payment determined under paragraph (1) with respect to
            a State--
                        (A) one-third shall be available for a grant under
                    subsection (a)(1); and
                        (B) two-thirds shall be available for a grant under
                    subsection (a)(2).

        (c) Grant Application and Disbursal.--
                (1) Application.--Any State seeking a grant under paragraph
            (1) or (2) of subsection (a) shall submit an application to the
            Secretary at such time, in such manner, and complete with such
            information as the Secretary may require. In no case may the
            Secretary award a grant under this section with respect to an
            application that is submitted after December 31, 2023.
                (2) Notice.--The Secretary shall, within 30 days after
            receiving a complete application, notify the State agency of the
            State of the Secretary's findings with respect to the
            requirements for a grant under paragraph (1) or (2) (or both) of
            subsection (a).

    [[Page 134 STAT. 332]]

                (3) Certification.--If the Secretary finds that the State
            law provisions meet the requirements for a grant under
            subsection (a), the Secretary shall thereupon make a
            certification to that effect to the Secretary of the Treasury,
            together with a certification as to the amount of the grant
            payment to be transferred to the State account in the
            Unemployment Trust Fund (as established in section 904(a) of the
            Social Security Act (42 U.S.C. 1104(a))) pursuant to
            that <<NOTE: Deadline.>>  finding. The Secretary of the Treasury
            shall make the appropriate transfer to the State account within
            7 days after receiving such certification.
                (4) Requirement.--No certification of compliance with the
            requirements for a grant under paragraph (1) or (2) of
            subsection (a) may be made with respect to any State whose--
                        (A) State law is not otherwise eligible for
                    certification under section 303 of the Social Security
                    Act (42 U.S.C. 503) or approvable under section 3304 of
                    the Internal Revenue Code of 1986; or
                        (B) <<NOTE: Deadline.>>  short-time compensation
                    program is subject to discontinuation or is not
                    scheduled to take effect within 12 months of the
                    certification.

        (d) Use of Funds.--The amount of any grant awarded under this
    section shall be used for the implementation of short-time compensation
    programs and the overall administration of such programs and the
    promotion and enrollment efforts associated with such programs, such as
    through--
                (1) the creation or support of rapid response teams to
            advise employers about alternatives to layoffs;
                (2) <<NOTE: Assessment.>>  the provision of education or
            assistance to employers to enable them to assess the feasibility
            of participating in short-time compensation programs; and
                (3) the development or enhancement of systems to automate--
                        (A) the submission and approval of plans; and
                        (B) the filing and approval of new and ongoing
                    short-time compensation claims.

        (e) Administration.--The Secretary is authorized to use 0.25 percent
    of the funds available under subsection (g) to provide for outreach and
    to share best practices with respect to this section and short-time
    compensation programs.
        (f) <<NOTE: Determination. Time period.>>  Recoupment.--The
    Secretary shall establish a process under which the Secretary shall
    recoup the amount of any grant awarded under paragraph (1) or (2) of
    subsection (a) if the Secretary determines that, during the 5-year
    period beginning on the first date that any such grant is awarded to the
    State, the State--
                (1) terminated the State's short-time compensation program;
            or
                (2) failed to meet appropriate requirements with respect to
            such program (as established by the Secretary).

        (g) Funding.--There are appropriated, out of moneys in the Treasury
    not otherwise appropriated, to the Secretary, $100,000,000 to carry out
    this section, to remain available without fiscal year limitation.
        (h) Reporting.--The Secretary may establish reporting requirements
    for States receiving a grant under this section in order to provide
    oversight of grant funds.
        (i) Definitions.--In this section:

    [[Page 134 STAT. 333]]

                (1) Secretary.--The term ``Secretary'' means the Secretary
            of Labor.
                (2) Short-time compensation program.--The term ``short-time
            compensation program'' has the meaning given such term in
            section 3306(v) of the Internal Revenue Code of 1986.
                (3) State; state agency; state law.--The terms ``State'',
            ``State agency'', and ``State law'' have the meanings given
            those terms in section 205 of the Federal-State Extended
            Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
    SEC. 2111. <<NOTE: 15 USC 9029.>>  ASSISTANCE AND GUIDANCE IN
                              IMPLEMENTING PROGRAMS.

        (a) In General.--In order to assist States in establishing,
    qualifying, and implementing short-time compensation programs (as
    defined in section 3306(v) of the Internal Revenue Code of 1986), the
    Secretary of Labor (in this section referred to as the ``Secretary'')
    shall--
                (1) develop model legislative language, or disseminate
            existing model legislative language, which may be used by States
            in developing and enacting such programs, and periodically
            review and revise such model legislative language;
                (2) provide technical assistance and guidance in developing,
            enacting, and implementing such programs; and
                (3) <<NOTE: Requirements.>>  establish reporting
            requirements for States, including reporting on--
                        (A) the number of estimated averted layoffs;
                        (B) the number of participating employers and
                    workers; and
                        (C) such other items as the Secretary of Labor
                    determines are appropriate.

        (b) Model Language and Guidance.--The model language and guidance
    developed under subsection (a) shall allow sufficient flexibility by
    States and participating employers while ensuring accountability and
    program integrity.
        (c) Consultation.--In developing the model legislative language and
    guidance under subsection (a), and in order to meet the requirements of
    subsection (b), the Secretary shall consult with employers, labor
    organizations, State workforce agencies, and other program experts.
    Existing model legislative language that has been developed through such
    a consultative process shall be deemed to meet the consultation
    requirement of this subsection.
        (d) Repeal.--Section 4104 of the Emergency Unemployment
    Stabilization and Access Act of 2020 (contained in division D of the
    Families First Coronavirus Response Act) <<NOTE: Ante, p. 194.>>  is
    repealed.
    SEC. 2112. <<NOTE: 15 USC 9030.>>  WAIVER OF THE 7-DAY WAITING
                              PERIOD FOR BENEFITS UNDER THE RAILROAD
                              UNEMPLOYMENT INSURANCE ACT.

        (a) No Waiting Week.--With respect to any registration period
    beginning after the date of enactment of this Act and ending on or
    before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of section
    2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(1))
    shall not apply.
        (b) Operating Instructions and Regulations.--The Railroad Retirement
    Board may prescribe any operating instructions or regulations necessary
    to carry out this section.
        (c) Funding.--Out of any funds in the Treasury not otherwise
    appropriated, there are appropriated $50,000,000 to cover the costs of
    additional benefits payable due to the application of subsection

    [[Page 134 STAT. 334]]

    (a). Upon the exhaustion of the funds appropriated under this
    subsection, subsection (a) shall no longer apply with respect to any
    registration period beginning after the date of exhaustion of funds.
        (d) Definition of Registration Period.--For purposes of this
    section, the term ``registration period'' has the meaning given such
    term under section 1 of the Railroad Unemployment Insurance Act (45
    U.S.C. 351).
    SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
                              INSURANCE ACT.

        Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C.
    Sec.  352(a)) is amended by adding at the end the following:
        ``(5)(A) <<NOTE: Time periods.>>  Notwithstanding paragraph (3),
    subsection (c)(1)(B), and any other limitation on total benefits in this
    Act, for registration periods beginning on or after April 1, 2020, but
    on or before July 31, 2020, a recovery benefit in the amount of $1,200
    shall be payable to a qualified employee with respect to any
    registration period in which the employee received unemployment benefits
    under paragraph (1)(A), and in any registration period in which the
    employee did not receive unemployment benefits due to the limitation in
    subsection (c)(1)(B) or due to reaching the maximum number of days of
    benefits in the benefit year beginning July 1, 2019, under subsection
    (c)(1)(A). No recovery benefits shall be payable under this section upon
    the exhaustion of the funds appropriated under subparagraph (B) for
    payment of benefits under this subparagraph.

        ``(B) Out of any funds in the Treasury not otherwise appropriated,
    there are appropriated $425,000,000 to cover the cost of recovery
    benefits provided under subparagraph (A), to remain available until
    expended.''.
    SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
                              UNEMPLOYMENT INSURANCE ACT.

        (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment
    Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended--
                (1) by striking ``July 1, 2008'' and inserting ``July 1,
            2019'';
                (2) by striking ``June 30, 2013'' and inserting ``June 30,
            2020''; and
                (3) by striking ``December 31, 2013'' and inserting
            ``December 31, 2020''.

        (b) <<NOTE: 45 USC 352 note.>>  Clarification on Authority To Use
    Funds.--Funds appropriated under either the first or second sentence of
    clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance
    Act shall be available to cover the cost of additional extended
    unemployment benefits provided under such section 2(c)(2)(D) by reason
    of the amendments made by subsection (a) as well as to cover the cost of
    such benefits provided under such section 2(c)(2)(D) as in effect on the
    day before the date of enactment of this Act.
    SEC. 2115. <<NOTE: 15 USC 9031.>>  FUNDING FOR THE DOL OFFICE OF
                              INSPECTOR GENERAL FOR OVERSIGHT OF
                              UNEMPLOYMENT PROVISIONS.

        There are appropriated, out of moneys in the Treasury not otherwise
    appropriated, to the Office of the Inspector General of the Department
    of Labor, $25,000,000 to carry out audits, investigations, and other
    oversight activities authorized under the Inspector

    [[Page 134 STAT. 335]]

    General Act of 1978 (5 U.S.C. App.) that are related to the provisions
    of, and amendments made by, this subtitle, to remain available without
    fiscal year limitation.
    SEC. 2116. <<NOTE: 15 USC 9032.>>  IMPLEMENTATION.

        (a) Non-application of the Paperwork Reduction Act.--Chapter 35 of
    title 44, United States Code (commonly referred to as the ``Paperwork
    Reduction Act of 1995''), shall not apply to the provisions of, and the
    amendments made by, this subtitle.
        (b) Operating Instructions or Other Guidance.--Notwithstanding any
    other provision of law, the Secretary of Labor may issue any operating
    instructions or other guidance necessary to carry out the provisions of,
    or the amendments made by, this subtitle.

               Subtitle B--Rebates and Other Individual Provisions

    SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.

        (a) In General.--Subchapter B of chapter 65 of subtitle F of the
    Internal Revenue Code of 1986 is amended by inserting after section 6427
    the following new section:
    ``SEC. 6428. <<NOTE: 26 USC 6428.>>  2020 RECOVERY REBATES FOR
                              INDIVIDUALS.

        ``(a) In General.--In the case of an eligible individual, there
    shall be allowed as a credit against the tax imposed by subtitle A for
    the first taxable year beginning in 2020 an amount equal to the sum of--
                ``(1) $1,200 ($2,400 in the case of eligible individuals
            filing a joint return), plus
                ``(2) an amount equal to the product of $500 multiplied by
            the number of qualifying children (within the meaning of section
            24(c)) of the taxpayer.

        ``(b) Treatment of Credit.--The credit allowed by subsection (a)
    shall be treated as allowed by subpart C of part IV of subchapter A of
    chapter 1.
        ``(c) Limitation Based on Adjusted Gross Income.--The amount of the
    credit allowed by subsection (a) (determined without regard to this
    subsection and subsection (e)) shall be reduced (but not below zero) by
    5 percent of so much of the taxpayer's adjusted gross income as
    exceeds--
                ``(1) $150,000 in the case of a joint return,
                ``(2) $112,500 in the case of a head of household, and
                ``(3) $75,000 in the case of a taxpayer not described in
            paragraph (1) or (2).

        ``(d) Eligible Individual.--For purposes of this section, the term
    `eligible individual' means any individual other than--
                ``(1) any nonresident alien individual,
                ``(2) any individual with respect to whom a deduction under
            section 151 is allowable to another taxpayer for a taxable year
            beginning in the calendar year in which the individual's taxable
            year begins, and
                ``(3) an estate or trust.

        ``(e) Coordination With Advance Refunds of Credit.--
                ``(1) In general.--The amount of credit which would (but for
            this paragraph) be allowable under this section shall be

    [[Page 134 STAT. 336]]

            reduced (but not below zero) by the aggregate refunds and
            credits made or allowed to the taxpayer under subsection (f).
            Any failure to so reduce the credit shall be treated as arising
            out of a mathematical or clerical error and assessed according
            to section 6213(b)(1).
                ``(2) Joint returns.--In the case of a refund or credit made
            or allowed under subsection (f) with respect to a joint return,
            half of such refund or credit shall be treated as having been
            made or allowed to each individual filing such return.

        ``(f) Advance Refunds and Credits.--
                ``(1) In general.--Subject to paragraph (5), each individual
            who was an eligible individual for such individual's first
            taxable year beginning in 2019 shall be treated as having made a
            payment against the tax imposed by chapter 1 for such taxable
            year in an amount equal to the advance refund amount for such
            taxable year.
                ``(2) Advance refund amount.--For purposes of paragraph (1),
            the advance refund amount is the amount that would have been
            allowed as a credit under this section for such taxable year if
            this section (other than subsection (e) and this subsection) had
            applied to such taxable year.
                ``(3) Timing and manner of payments.--
                        ``(A) Timing.--The Secretary shall, subject to the
                    provisions of this title, refund or credit any
                    overpayment attributable to this section as rapidly as
                    possible. No refund or credit shall be made or allowed
                    under this subsection after December 31, 2020.
                        ``(B) Delivery of payments.--Notwithstanding any
                    other provision of law, the Secretary may certify and
                    disburse refunds payable under this subsection
                    electronically to any account to which the payee
                    authorized, on or after January 1, 2018, the delivery of
                    a refund of taxes under this title or of a Federal
                    payment (as defined in section 3332 of title 31, United
                    States Code).
                        ``(C) Waiver of certain rules.--Notwithstanding
                    section 3325 of title 31, United States Code, or any
                    other provision of law, with respect to any payment of a
                    refund under this subsection, a disbursing official in
                    the executive branch of the United States Government may
                    modify payment information received from an officer or
                    employee described in section 3325(a)(1)(B) of such
                    title for the purpose of facilitating the accurate and
                    efficient delivery of such payment. Except in cases of
                    fraud or reckless neglect, no liability under sections
                    3325, 3527, 3528, or 3529 of title 31, United States
                    Code, shall be imposed with respect to payments made
                    under this subparagraph.
                ``(4) No interest.--No interest shall be allowed on any
            overpayment attributable to this section.
                ``(5) Alternate taxable year.--In the case of an individual
            who, at the time of any determination made pursuant to paragraph
            (3), has not filed a tax return for the year described in
            paragraph (1), the Secretary may--
                        ``(A) apply such paragraph by substituting `2018'
                    for `2019', and
                        ``(B) if the individual has not filed a tax return
                    for such individual's first taxable year beginning in
                    2018, use

    [[Page 134 STAT. 337]]

                    information with respect to such individual for calendar
                    year 2019 provided in--
                              ``(i) Form SSA-1099, Social Security Benefit
                          Statement, or
                              ``(ii) Form RRB-1099, Social Security
                          Equivalent Benefit Statement.
                ``(6) <<NOTE: Deadline.>>  Notice to taxpayer.--Not later
            than 15 days after the date on which the Secretary distributed
            any payment to an eligible taxpayer pursuant to this subsection,
            notice shall be sent by mail to such taxpayer's last known
            address. Such notice shall indicate the method by which such
            payment was made, the amount of such payment, and a phone number
            for the appropriate point of contact at the Internal Revenue
            Service to report any failure to receive such payment.

        ``(g) Identification Number Requirement.--
                ``(1) In general.--No credit shall be allowed under
            subsection (a) to an eligible individual who does not include on
            the return of tax for the taxable year--
                        ``(A) such individual's valid identification number,
                        ``(B) in the case of a joint return, the valid
                    identification number of such individual's spouse, and
                        ``(C) in the case of any qualifying child taken into
                    account under subsection (a)(2), the valid
                    identification number of such qualifying child.
                ``(2) Valid identification number.--
                        ``(A) In general.--For purposes of paragraph (1),
                    the term `valid identification number' means a social
                    security number (as such term is defined in section
                    24(h)(7)).
                        ``(B) Adoption taxpayer identification number.--For
                    purposes of paragraph (1)(C), in the case of a
                    qualifying child who is adopted or placed for adoption,
                    the term `valid identification number' shall include the
                    adoption taxpayer identification number of such child.
                ``(3) Special rule for members of the armed forces.--
            Paragraph (1)(B) shall not apply in the case where at least 1
            spouse was a member of the Armed Forces of the United States at
            any time during the taxable year and at least 1 spouse satisfies
            paragraph (1)(A).
                ``(4) Mathematical or clerical error authority.--Any
            omission of a correct valid identification number required under
            this subsection shall be treated as a mathematical or clerical
            error for purposes of applying section 6213(g)(2) to such
            omission.

        ``(h) Regulations.--The Secretary shall prescribe such regulations
    or other guidance as may be necessary to carry out the purposes of this
    section, including any such measures as are deemed appropriate to avoid
    allowing multiple credits or rebates to a taxpayer.''.
        (b) Administrative Amendments.--
                (1) Definition of deficiency.--Section 6211(b)(4)(A) of the
            Internal Revenue Code of 1986 <<NOTE: 26 USC 6211.>>  is amended
            by striking ``and 36B, 168(k)(4)'' and inserting ``36B, and
            6428''.
                (2) Mathematical or clerical error authority.--Section
            6213(g)(2)(L) of such Code is amended by striking ``or 32'' and
            inserting ``32, or 6428''.

        (c) <<NOTE: 26 USC 6428 note.>>  Treatment of Possessions.--
                (1) Payments to possessions.--

    [[Page 134 STAT. 338]]

                        (A) Mirror code possession.--The Secretary of the
                    Treasury shall pay to each possession of the United
                    States which has a mirror code tax system amounts equal
                    to the loss (if any) to that possession by reason of the
                    amendments made by this
                    section. <<NOTE: Determination.>>  Such amounts shall be
                    determined by the Secretary of the Treasury based on
                    information provided by the government of the respective
                    possession.
                        (B) Other possessions.--The Secretary of the
                    Treasury shall pay to each possession of the United
                    States which does not have a mirror code tax system
                    amounts estimated by the Secretary of the Treasury as
                    being equal to the aggregate benefits (if any) that
                    would have been provided to residents of such possession
                    by reason of the amendments made by this section if a
                    mirror code tax system had been in effect in such
                    possession. The preceding sentence shall not apply
                    unless the respective possession has a plan, which has
                    been approved by the Secretary of the Treasury, under
                    which such possession will promptly distribute such
                    payments to its residents.
                (2) Coordination with credit allowed against united states
            income taxes.--No credit shall be allowed against United States
            income taxes under section 6428 of the Internal Revenue Code of
            1986 (as added by this section) to any person--
                        (A) to whom a credit is allowed against taxes
                    imposed by the possession by reason of the amendments
                    made by this section, or
                        (B) who is eligible for a payment under a plan
                    described in paragraph (1)(B).
                (3) Definitions and special rules.--
                        (A) Possession of the united states.--For purposes
                    of this subsection, the term ``possession of the United
                    States'' includes the Commonwealth of Puerto Rico and
                    the Commonwealth of the Northern Mariana Islands.
                        (B) Mirror code tax system.--For purposes of this
                    subsection, the term ``mirror code tax system'' means,
                    with respect to any possession of the United States, the
                    income tax system of such possession if the income tax
                    liability of the residents of such possession under such
                    system is determined by reference to the income tax laws
                    of the United States as if such possession were the
                    United States.
                        (C) Treatment of payments.--For purposes of section
                    1324 of title 31, United States Code, the payments under
                    this subsection shall be treated in the same manner as a
                    refund due from a credit provision referred to in
                    subsection (b)(2) of such section.

        (d) <<NOTE: 26 USC 6428 note.>>  Exception From Reduction or
    Offset.--Any credit or refund allowed or made to any individual by
    reason of section 6428 of the Internal Revenue Code of 1986 (as added by
    this section) or by reason of subsection (c) of this section shall not
    be--
                (1) subject to reduction or offset pursuant to section 3716
            or 3720A of title 31, United States Code,
                (2) subject to reduction or offset pursuant to subsection
            (d), (e), or (f) of section 6402 of the Internal Revenue Code of
            1986, or

    [[Page 134 STAT. 339]]

                (3) reduced or offset by other assessed Federal taxes that
            would otherwise be subject to levy or collection.

        (e) <<NOTE: Coordination. 26 USC 6428 note.>>  Public Awareness
    Campaign.--The Secretary of the Treasury (or the Secretary's delegate)
    shall conduct a public awareness campaign, in coordination with the
    Commissioner of Social Security and the heads of other relevant Federal
    agencies, to provide information regarding the availability of the
    credit and rebate allowed under section 6428 of the Internal Revenue
    Code of 1986 (as added by this section), including information with
    respect to individuals who may not have filed a tax return for taxable
    year 2018 or 2019.

        (f) Appropriations to Carry Out Rebates.--
                (1) In general.--Immediately upon the enactment of this Act,
            the following sums are appropriated, out of any money in the
            Treasury not otherwise appropriated, for the fiscal year ending
            September 30, 2020:
                        (A) Department of the treasury.--
                              (i) For an additional amount for ``Department
                          of the Treasury--Bureau of the Fiscal Service--
                          Salaries and Expenses'', $78,650,000, to remain
                          available until September 30, 2021.
                              (ii) For an additional amount for ``Department
                          of the Treasury--Internal Revenue Service--
                          Taxpayer Services'', $293,500,000, to remain
                          available until September 30, 2021.
                              (iii) For an additional amount for
                          ``Department of the Treasury--Internal Revenue
                          Service--Operations Support'', $170,000,000, to
                          remain available until September 30, 2021.
                              (iv) For an additional amount for ``Department
                          of Treasury--Internal Revenue Service--
                          Enforcement'', $37,200,000, to remain available
                          until September 30, 2021.
                    Amounts made available in appropriations under clauses
                    (ii), (iii), and (iv) of this subparagraph may be
                    transferred between such appropriations upon the advance
                    notification of the Committees on Appropriations of the
                    House of Representatives and the Senate. Such transfer
                    authority is in addition to any other transfer authority
                    provided by law.
                        (B) Social security administration.--For an
                    additional amount for ``Social Security Administration--
                    Limitation on Administrative Expenses'', $38,000,000, to
                    remain available until September 30, 2021.
                (2) <<NOTE: Plan.>>  Reports.--No later than 15 days after
            enactment of this Act, the Secretary of the Treasury shall
            submit a plan to the Committees on Appropriations of the House
            of Representatives and the Senate detailing the expected use of
            the funds provided by paragraph (1)(A). <<NOTE: Time period.>>
            Beginning 90 days after enactment of this Act, the Secretary of
            the Treasury shall submit a quarterly report to the Committees
            on Appropriations of the House of Representatives and the Senate
            detailing the actual expenditure of funds provided by paragraph
            (1)(A) and the expected expenditure of such funds in the
            subsequent quarter.

        (g) Conforming Amendments.--

    [[Page 134 STAT. 340]]

                (1) Paragraph (2) of section 1324(b) of title 31, United
            States Code, is amended by inserting ``6428,'' after
            ``54B(h),''.
                (2) The table of sections for subchapter B of chapter 65 of
            subtitle F of the Internal Revenue Code of 1986 <<NOTE: 26 USC
            6411 prec.>>  is amended by inserting after the item relating to
            section 6427 the following:

    ``Sec. 6428. 2020 Recovery Rebates for individuals.''.

    SEC. 2202. <<NOTE: 26 USC 72 note.>>  SPECIAL RULES FOR USE OF
                              RETIREMENT FUNDS.

        (a) Tax-favored Withdrawals From Retirement Plans.--
                (1) In general.--Section 72(t) of the Internal Revenue Code
            of 1986 shall not apply to any coronavirus-related distribution.
                (2) Aggregate dollar limitation.--
                        (A) In general.--For purposes of this subsection,
                    the aggregate amount of distributions received by an
                    individual which may be treated as coronavirus-related
                    distributions for any taxable year shall not exceed
                    $100,000.
                        (B) Treatment of plan distributions.--If a
                    distribution to an individual would (without regard to
                    subparagraph (A)) be a coronavirus-related distribution,
                    a plan shall not be treated as violating any requirement
                    of the Internal Revenue Code of 1986 merely because the
                    plan treats such distribution as a coronavirus-related
                    distribution, unless the aggregate amount of such
                    distributions from all plans maintained by the employer
                    (and any member of any controlled group which includes
                    the employer) to such individual exceeds $100,000.
                        (C) <<NOTE: Definition.>>  Controlled group.--For
                    purposes of subparagraph (B), the term ``controlled
                    group'' means any group treated as a single employer
                    under subsection (b), (c), (m), or (o) of section 414 of
                    the Internal Revenue Code of 1986.
                (3) Amount distributed may be repaid.--
                        (A) <<NOTE: Time period.>>  In general.--Any
                    individual who receives a coronavirus-related
                    distribution may, at any time during the 3-year period
                    beginning on the day after the date on which such
                    distribution was received, make 1 or more contributions
                    in an aggregate amount not to exceed the amount of such
                    distribution to an eligible retirement plan of which
                    such individual is a beneficiary and to which a rollover
                    contribution of such distribution could be made under
                    section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
                    457(e)(16), of the Internal Revenue Code of 1986, as the
                    case may be.
                        (B) Treatment of repayments of distributions from
                    eligible retirement plans other <<NOTE: Deadline.>> than
                    iras.--For purposes of the Internal Revenue Code of
                    1986, if a contribution is made pursuant to subparagraph
                    (A) with respect to a coronavirus-related distribution
                    from an eligible retirement plan other than an
                    individual retirement plan, then the taxpayer shall, to
                    the extent of the amount of the contribution, be treated
                    as having received the coronavirus-related distribution
                    in an eligible rollover distribution (as defined in
                    section 402(c)(4) of such Code) and as having
                    transferred the amount to the eligible retirement plan
                    in a direct trustee to trustee transfer within 60 days
                    of the distribution.

    [[Page 134 STAT. 341]]

                        (C) Treatment of repayments of distributions from
                    iras.--For <<NOTE: Deadline.>>  purposes of the Internal
                    Revenue Code of 1986, if a contribution is made pursuant
                    to subparagraph (A) with respect to a coronavirus-
                    related distribution from an individual retirement plan
                    (as defined by section 7701(a)(37) of such Code), then,
                    to the extent of the amount of the contribution, the
                    coronavirus-related distribution shall be treated as a
                    distribution described in section 408(d)(3) of such Code
                    and as having been transferred to the eligible
                    retirement plan in a direct trustee to trustee transfer
                    within 60 days of the distribution.
                (4) Definitions.--For purposes of this subsection--
                        (A) Coronavirus-related distribution.--Except as
                    provided in paragraph (2), the term ``coronavirus-
                    related distribution'' means any distribution from an
                    eligible retirement plan made--
                              (i) <<NOTE: Time period.>>  on or after
                          January 1, 2020, and before December 31, 2020,
                              (ii) to an individual--
                                        (I) who is diagnosed with the virus
                                    SARS-CoV-2 or with coronavirus disease
                                    2019 (COVID-19) by a test approved by
                                    the Centers for Disease Control and
                                    Prevention,
                                        (II) whose spouse or dependent (as
                                    defined in section 152 of the Internal
                                    Revenue Code of 1986) is diagnosed with
                                    such virus or disease by such a test, or
                                        (III) who experiences adverse
                                    financial consequences as a result of
                                    being quarantined, being furloughed or
                                    laid off or having work hours reduced
                                    due to such virus or disease, being
                                    unable to work due to lack of child care
                                    due to such virus or disease, closing or
                                    reducing hours of a business owned or
                                    operated by the individual due to such
                                    virus or disease, or other factors as
                                    determined by the Secretary of the
                                    Treasury (or the Secretary's delegate).
                        (B) Employee certification.--The administrator of an
                    eligible retirement plan may rely on an employee's
                    certification that the employee satisfies the conditions
                    of subparagraph (A)(ii) in determining whether any
                    distribution is a coronavirus-related distribution.
                        (C) Eligible retirement plan.--The term ``eligible
                    retirement plan'' has the meaning given such term by
                    section 402(c)(8)(B) of the Internal Revenue Code of
                    1986.
                (5) Income inclusion spread over 3-year period.--
                        (A) <<NOTE: Time period.>>  In general.--In the case
                    of any coronavirus-related distribution, unless the
                    taxpayer elects not to have this paragraph apply for any
                    taxable year, any amount required to be included in
                    gross income for such taxable year shall be so included
                    ratably over the 3-taxable-year period beginning with
                    such taxable year.
                        (B) Special rule.--For purposes of subparagraph (A),
                    rules similar to the rules of subparagraph (E) of
                    section 408A(d)(3) of the Internal Revenue Code of 1986
                    shall apply.
                (6) Special rules.--

    [[Page 134 STAT. 342]]

                        (A) Exemption of distributions from trustee to
                    trustee transfer and withholding rules.--For purposes of
                    sections 401(a)(31), 402(f), and 3405 of the Internal
                    Revenue Code of 1986, coronavirus-related distributions
                    shall not be treated as eligible rollover distributions.
                        (B) Coronavirus-related distributions treated as
                    meeting plan distribution requirements.--For purposes of
                    the Internal Revenue Code of 1986, a coronavirus-related
                    distribution shall be treated as meeting the
                    requirements of sections 401(k)(2)(B)(i),
                    403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such
                    Code and section 8433(h)(1) of title 5, United States
                    Code.

        (b) Loans From Qualified Plans.--
                (1) <<NOTE: Time period.>>  Increase in limit on loans not
            treated as distributions.--In the case of any loan from a
            qualified employer plan (as defined under section 72(p)(4) of
            the Internal Revenue Code of 1986) to a qualified individual
            made during the 180-day period beginning on the date of the
            enactment of this Act--
                        (A) clause (i) of section 72(p)(2)(A) of such Code
                    shall be applied by substituting ``$100,000'' for
                    ``$50,000'', and
                        (B) clause (ii) of such section shall be applied by
                    substituting ``the present value of the nonforfeitable
                    accrued benefit of the employee under the plan'' for
                    ``one-half of the present value of the nonforfeitable
                    accrued benefit of the employee under the plan''.
                (2) Delay of repayment.--In the case of a qualified
            individual with an outstanding loan (on or after the date of the
            enactment of this Act) from a qualified employer plan (as
            defined in section 72(p)(4) of the Internal Revenue Code of
            1986)--
                        (A) <<NOTE: Time period.>>  if the due date pursuant
                    to subparagraph (B) or (C) of section 72(p)(2) of such
                    Code for any repayment with respect to such loan occurs
                    during the period beginning on the date of the enactment
                    of this Act and ending on December 31, 2020, such due
                    date shall be delayed for 1 year,
                        (B) any subsequent repayments with respect to any
                    such loan shall be appropriately adjusted to reflect the
                    delay in the due date under subparagraph (A) and any
                    interest accruing during such delay, and
                        (C) in determining the 5-year period and the term of
                    a loan under subparagraph (B) or (C) of section 72(p)(2)
                    of such Code, the period described in subparagraph (A)
                    of this paragraph shall be disregarded.
                (3) <<NOTE: Definition.>>  Qualified individual.--For
            purposes of this subsection, the term ``qualified individual''
            means any individual who is described in subsection
            (a)(4)(A)(ii).

        (c) Provisions Relating to Plan Amendments.--
                (1) <<NOTE: Applicability.>>  In general.--If this
            subsection applies to any amendment to any plan or annuity
            contract--
                        (A) such plan or contract shall be treated as being
                    operated in accordance with the terms of the plan during
                    the period described in paragraph (2)(B)(i), and
                        (B) except as provided by the Secretary of the
                    Treasury (or the Secretary's delegate), such plan or
                    contract shall not fail to meet the requirements of
                    section 411(d)(6) of

    [[Page 134 STAT. 343]]

                    the Internal Revenue Code of 1986 and section 204(g) of
                    the Employee Retirement Income Security Act of 1974 by
                    reason of such amendment.
                (2) Amendments to which subsection applies.--
                        (A) In general.--This subsection shall apply to any
                    amendment to any plan or annuity contract which is
                    made--
                              (i) pursuant to any provision of this section,
                          or pursuant to any regulation issued by the
                          Secretary of the Treasury or the Secretary of
                          Labor (or the delegate of either such Secretary)
                          under any provision of this section, and
                              (ii) <<NOTE: Time period.>>  on or before the
                          last day of the first plan year beginning on or
                          after January 1, 2022, or such later date as the
                          Secretary of the Treasury (or the Secretary's
                          delegate) may prescribe.
                    In the case of a governmental plan (as defined in
                    section 414(d) of the Internal Revenue Code of 1986),
                    clause (ii) shall be applied by substituting the date
                    which is 2 years after the date otherwise applied under
                    clause (ii).
                        (B) Conditions.--This subsection shall not apply to
                    any amendment unless--
                              (i) <<NOTE: Time period.>>  during the
                          period--
                                        (I) beginning on the date that this
                                    section or the regulation described in
                                    subparagraph (A)(i) takes effect (or in
                                    the case of a plan or contract amendment
                                    not required by this section or such
                                    regulation, the effective date specified
                                    by the plan), and
                                        (II) ending on the date described in
                                    subparagraph (A)(ii) (or, if earlier,
                                    the date the plan or contract amendment
                                    is adopted),
                          the plan or contract is operated as if such plan
                          or contract amendment were in effect, and
                              (ii) such plan or contract amendment applies
                          retroactively for such period.
    SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES
                              FOR CERTAIN RETIREMENT PLANS AND
                              ACCOUNTS.

        (a) In General.--Section 401(a)(9) of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 401.>>  is amended by adding at the end the
    following new subparagraph:
                        ``(I) Temporary waiver of minimum required
                    distribution.--
                              ``(i) In general.--The requirements of this
                          paragraph shall not apply for calendar year 2020
                          to--
                                        ``(I) a defined contribution plan
                                    which is described in this subsection or
                                    in section 403(a) or 403(b),
                                        ``(II) a defined contribution plan
                                    which is an eligible deferred
                                    compensation plan described in section
                                    457(b) but only if such plan is
                                    maintained by an employer described in
                                    section 457(e)(1)(A), or
                                        ``(III) an individual retirement
                                    plan.

    [[Page 134 STAT. 344]]

                              ``(ii) <<NOTE: Applicability.>>  Special rule
                          for required beginning dates in 2020.--Clause (i)
                          shall apply to any distribution which is required
                          to be made in calendar year 2020 by reason of--
                                        ``(I) a required beginning date
                                    occurring in such calendar year, and
                                        ``(II) such distribution not having
                                    been made before January 1, 2020.
                              ``(iii) Special rules regarding waiver
                          period.--For purposes of this paragraph--
                                        ``(I) the required beginning date
                                    with respect to any individual shall be
                                    determined without regard to this
                                    subparagraph for purposes of applying
                                    this paragraph for calendar years after
                                    2020, and
                                        ``(II) if clause (ii) of
                                    subparagraph (B) applies, the 5-year
                                    period described in such clause shall be
                                    determined without regard to calendar
                                    year 2020.''.

        (b) Eligible Rollover Distributions.--Section 402(c)(4) of the
    Internal Revenue Code of 1986 <<NOTE: 26 USC 402.>>  is amended by
    striking ``2009'' each place it appears in the last sentence and
    inserting ``2020''.

        (c) <<NOTE: 26 USC 401 note.>>  Effective Dates.--
                (1) In general.--The amendments made by this section shall
            apply for calendar years beginning after December 31, 2019.
                (2) Provisions relating to plan or contract amendments.--
                        (A) <<NOTE: Applicability.>>  In general.--If this
                    paragraph applies to any plan or contract amendment--
                              (i) such plan or contract shall not fail to be
                          treated as being operated in accordance with the
                          terms of the plan during the period described in
                          subparagraph (B)(ii) solely because the plan
                          operates in accordance with this section, and
                              (ii) except as provided by the Secretary of
                          the Treasury (or the Secretary's delegate), such
                          plan or contract shall not fail to meet the
                          requirements of section 411(d)(6) of the Internal
                          Revenue Code of 1986 and section 204(g) of the
                          Employee Retirement Income Security Act of 1974 by
                          reason of such amendment.
                        (B) Amendments to which paragraph applies.--
                              (i) In general.--This paragraph shall apply to
                          any amendment to any plan or annuity contract
                          which--
                                        (I) is made pursuant to the
                                    amendments made by this section, and
                                        (II) is made on or before the last
                                    day of the first plan year beginning on
                                    or after January 1, 2022.
                          In the case of a governmental plan, subclause (II)
                          shall be applied by substituting ``2024'' for
                          ``2022''.
                              (ii) <<NOTE: Time period.>>  Conditions.--This
                          paragraph shall not apply to any amendment unless
                          during the period beginning on the effective date
                          of the amendment and ending on December 31, 2020,
                          the plan or contract is operated as if such plan
                          or contract amendment were in effect.

    [[Page 134 STAT. 345]]

    SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR
                              CHARITABLE CONTRIBUTIONS.

        (a) In General.--Section 62(a) of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 62.>>  is amended by inserting after paragraph (21)
    the following new paragraph:
                ``(22) Charitable contributions.--In the case of taxable
            years beginning in 2020, the amount (not to exceed $300) of
            qualified charitable contributions made by an eligible
            individual during the taxable year.''.

        (b) Definitions.--Section 62 of such Code is amended by adding at
    the end the following new subsection:
        ``(f) Definitions Relating to Qualified Charitable Contributions.--
    For purposes of subsection (a)(22)--
                ``(1) Eligible individual.--The term `eligible individual'
            means any individual who does not elect to itemize deductions.
                ``(2) Qualified charitable contributions.--The term
            `qualified charitable contribution' means a charitable
            contribution (as defined in section 170(c))--
                        ``(A) which is made in cash,
                        ``(B) for which a deduction is allowable under
                    section 170 (determined without regard to subsection (b)
                    thereof), and
                        ``(C) which is--
                              ``(i) made to an organization described in
                          section 170(b)(1)(A), and
                              ``(ii) not--
                                        ``(I) to an organization described
                                    in section 509(a)(3), or
                                        ``(II) for the establishment of a
                                    new, or maintenance of an existing,
                                    donor advised fund (as defined in
                                    section 4966(d)(2)).
                          Such term shall not include any amount which is
                          treated as a charitable contribution made in such
                          taxable year by reason of subsection (b)(1)(G)(ii)
                          or (d)(1) of section 170.''.

        (c) <<NOTE: 26 USC 62 note.>>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2019.
    SEC. 2205. <<NOTE: 26 USC 170 note.>>  MODIFICATION OF LIMITATIONS
                              ON CHARITABLE CONTRIBUTIONS DURING 2020.

        (a) Temporary Suspension of Limitations on Certain Cash
    Contributions.--
                (1) In general.--Except as otherwise provided in paragraph
            (2), qualified contributions shall be disregarded in applying
            subsections (b) and (d) of section 170 of the Internal Revenue
            Code of 1986.
                (2) Treatment of excess contributions.--For purposes of
            section 170 of the Internal Revenue Code of 1986--
                        (A) Individuals.--In the case of an individual--
                              (i) Limitation.--Any qualified contribution
                          shall be allowed as a deduction only to the extent
                          that the aggregate of such contributions does not
                          exceed the excess of the taxpayer's contribution
                          base (as defined in subparagraph (H) of section
                          170(b)(1) of such Code) over the amount of all
                          other charitable contributions allowed under
                          section 170(b)(1) of such Code.

    [[Page 134 STAT. 346]]

                              (ii) Carryover.--If the aggregate amount of
                          qualified contributions made in the contribution
                          year (within the meaning of section 170(d)(1) of
                          such Code) exceeds the limitation of clause (i),
                          such excess shall be added to the excess described
                          in section 170(b)(1)(G)(ii).
                        (B) Corporations.--In the case of a corporation--
                              (i) Limitation.--Any qualified contribution
                          shall be allowed as a deduction only to the extent
                          that the aggregate of such contributions does not
                          exceed the excess of 25 percent of the taxpayer's
                          taxable income (as determined under paragraph (2)
                          of section 170(b) of such Code) over the amount of
                          all other charitable contributions allowed under
                          such paragraph.
                              (ii) Carryover.--If the aggregate amount of
                          qualified contributions made in the contribution
                          year (within the meaning of section 170(d)(2) of
                          such Code) exceeds the limitation of clause (i),
                          such excess shall be appropriately taken into
                          account under section 170(d)(2) subject to the
                          limitations thereof.
                (3) Qualified contributions.--
                        (A) <<NOTE: Definition.>>  In general.--For purposes
                    of this subsection, the term ``qualified contribution''
                    means any charitable contribution (as defined in section
                    170(c) of the Internal Revenue Code of 1986) if--
                              (i) such contribution is paid in cash during
                          calendar year 2020 to an organization described in
                          section 170(b)(1)(A) of such Code, and
                              (ii) the taxpayer has elected the application
                          of this section with respect to such contribution.
                        (B) Exception.--Such term shall not include a
                    contribution by a donor if the contribution is--
                              (i) to an organization described in section
                          509(a)(3) of the Internal Revenue Code of 1986, or
                              (ii) for the establishment of a new, or
                          maintenance of an existing, donor advised fund (as
                          defined in section 4966(d)(2) of such Code).
                        (C) Application of election to partnerships and s
                    corporations.--In the case of a partnership or S
                    corporation, the election under subparagraph (A)(ii)
                    shall be made separately by each partner or shareholder.

        (b) Increase in Limits on Contributions of Food Inventory.--In the
    case <<NOTE: Applicability.>>  of any charitable contribution of food
    during 2020 to which section 170(e)(3)(C) of the Internal Revenue Code
    of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall
    each be applied by substituting ``25 percent'' for ``15 percent.''

        (c) Effective Date.--This section shall apply to taxable years
    ending after December 31, 2019.
    SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT
                              LOANS.

        (a) In General.--Paragraph (1) of section 127(c) of the Internal
    Revenue Code of 1986 is amended by striking ``and'' at the end of
    subparagraph (A), by redesignating subparagraph (B) as subparagraph (C),
    and by inserting after subparagraph (A) the following new subparagraph:

    [[Page 134 STAT. 347]]

                        ``(B) in the case of payments made before January 1,
                    2021, the payment by an employer, whether paid to the
                    employee or to a lender, of principal or interest on any
                    qualified education loan (as defined in section
                    221(d)(1)) incurred by the employee for education of the
                    employee, and''.

        (b) Conforming Amendment; Denial of Double Benefit.--The first
    sentence of paragraph (1) of section 221(e) of the Internal Revenue Code
    of 1986 <<NOTE: 26 USC 221.>>  is amended by inserting before the period
    the following: ``, or for which an exclusion is allowable under section
    127 to the taxpayer by reason of the payment by the taxpayer's employer
    of any indebtedness on a qualified education loan of the taxpayer''.

        (c) <<NOTE: 26 USC 127 note.>>  Effective Date.--The amendments made
    by this section shall apply to payments made after the date of the
    enactment of this Act.

                         Subtitle C--Business Provisions

    SEC. 2301. <<NOTE: 26 USC 3111 note.>>  EMPLOYEE RETENTION CREDIT
                              FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO
                              COVID-19.

        (a) In General.--In the case of an eligible employer, there shall be
    allowed as a credit against applicable employment taxes for each
    calendar quarter an amount equal to 50 percent of the qualified wages
    with respect to each employee of such employer for such calendar
    quarter.
        (b) Limitations and Refundability.--
                (1) Wages taken into account.--The amount of qualified wages
            with respect to any employee which may be taken into account
            under subsection (a) by the eligible employer for all calendar
            quarters shall not exceed $10,000.
                (2) Credit limited to employment taxes.--The credit allowed
            by subsection (a) with respect to any calendar quarter shall not
            exceed the applicable employment taxes (reduced by any credits
            allowed under subsections (e) and (f) of section 3111 of the
            Internal Revenue Code of 1986 and sections 7001 and 7003 of the
            Families First Coronavirus Response Act) on the wages paid with
            respect to the employment of all the employees of the eligible
            employer for such calendar quarter.
                (3) Refundability of excess credit.--
                        (A) In general.--If the amount of the credit under
                    subsection (a) exceeds the limitation of paragraph (2)
                    for any calendar quarter, such excess shall be treated
                    as an overpayment that shall be refunded under sections
                    6402(a) and 6413(b) of the Internal Revenue Code of
                    1986.
                        (B) Treatment of payments.--For purposes of section
                    1324 of title 31, United States Code, any amounts due to
                    the employer under this paragraph shall be treated in
                    the same manner as a refund due from a credit provision
                    referred to in subsection (b)(2) of such section.

        (c) Definitions.--For purposes of this section--
                (1) Applicable employment taxes.--The term ``applicable
            employment taxes'' means the following:
                        (A) The taxes imposed under section 3111(a) of the
                    Internal Revenue Code of 1986.

    [[Page 134 STAT. 348]]

                        (B) So much of the taxes imposed under section
                    3221(a) of such Code as are attributable to the rate in
                    effect under section 3111(a) of such Code.
                (2) Eligible employer.--
                        (A) In general.--The term ``eligible employer''
                    means any employer--
                              (i) which was carrying on a trade or business
                          during calendar year 2020, and
                              (ii) with respect to any calendar quarter, for
                          which--
                                        (I) the operation of the trade or
                                    business described in clause (i) is
                                    fully or partially suspended during the
                                    calendar quarter due to orders from an
                                    appropriate governmental authority
                                    limiting commerce, travel, or group
                                    meetings (for commercial, social,
                                    religious, or other purposes) due to the
                                    coronavirus disease 2019 (COVID-19), or
                                        (II) such calendar quarter is within
                                    the period described in subparagraph
                                    (B).
                        (B) <<NOTE: Time period.>>  Significant decline in
                    gross receipts.--The period described in this
                    subparagraph is the period--
                              (i) beginning with the first calendar quarter
                          beginning after December 31, 2019, for which gross
                          receipts (within the meaning of section 448(c) of
                          the Internal Revenue Code of 1986) for the
                          calendar quarter are less than 50 percent of gross
                          receipts for the same calendar quarter in the
                          prior year, and
                              (ii) ending with the calendar quarter
                          following the first calendar quarter beginning
                          after a calendar quarter described in clause (i)
                          for which gross receipts of such employer are
                          greater than 80 percent of gross receipts for the
                          same calendar quarter in the prior year.
                        (C) <<NOTE: Applicability.>>  Tax-exempt
                    organizations.--In the case of an organization which is
                    described in section 501(c) of the Internal Revenue Code
                    of 1986 and exempt from tax under section 501(a) of such
                    Code, clauses (i) and (ii)(I) of subparagraph (A) shall
                    apply to all operations of such organization.
                (3) Qualified wages.--
                        (A) In general.--The term ``qualified wages''
                    means--
                              (i) in the case of an eligible employer for
                          which the average number of full-time employees
                          (within the meaning of section 4980H of the
                          Internal Revenue Code of 1986) employed by such
                          eligible employer during 2019 was greater than
                          100, wages paid by such eligible employer with
                          respect to which an employee is not providing
                          services due to circumstances described in
                          subclause (I) or (II) of paragraph (2)(A)(ii), or
                              (ii) in the case of an eligible employer for
                          which the average number of full-time employees
                          (within the meaning of section 4980H of the
                          Internal Revenue Code of 1986) employed by such
                          eligible employer during 2019 was not greater than
                          100--
                                        (I) with respect to an eligible
                                    employer described in subclause (I) of
                                    paragraph (2)(A)(ii),

    [[Page 134 STAT. 349]]

                                    wages paid by such eligible employer
                                    with respect to an employee during any
                                    period described in such clause, or
                                        (II) with respect to an eligible
                                    employer described in subclause (II) of
                                    such paragraph, wages paid by such
                                    eligible employer with respect to an
                                    employee during such quarter.
                    Such term shall not include any wages taken into account
                    under section 7001 or section 7003 of the Families First
                    Coronavirus Response Act.
                        (B) Limitation.--Qualified wages paid or incurred by
                    an eligible employer described in subparagraph (A)(i)
                    with respect to an employee for any period described in
                    such subparagraph may not exceed the amount such
                    employee would have been paid for working an equivalent
                    duration during the 30 days immediately preceding such
                    period.
                        (C) Allowance for certain health plan expenses.--
                              (i) In general.--The term ``qualified wages''
                          shall include so much of the eligible employer's
                          qualified health plan expenses as are properly
                          allocable to such wages.
                              (ii) Qualified health plan expenses.--For
                          purposes of this paragraph, the term ``qualified
                          health plan expenses'' means amounts paid or
                          incurred by the eligible employer to provide and
                          maintain a group health plan (as defined in
                          section 5000(b)(1) of the Internal Revenue Code of
                          1986), but only to the extent that such amounts
                          are excluded from the gross income of employees by
                          reason of section 106(a) of such Code.
                              (iii) Allocation rules.--For purposes of this
                          paragraph, qualified health plan expenses shall be
                          allocated to qualified wages in such manner as the
                          Secretary may prescribe. Except as otherwise
                          provided by the Secretary, such allocation shall
                          be treated as properly made if made on the basis
                          of being pro rata among employees and pro rata on
                          the basis of periods of coverage (relative to the
                          periods to which such wages relate).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Treasury or the Secretary's delegate.
                (5) Wages.--The term ``wages'' means wages (as defined in
            section 3121(a) of the Internal Revenue Code of 1986) and
            compensation (as defined in section 3231(e) of such Code).
                (6) Other terms.--Any term used in this section which is
            also used in chapter 21 or 22 of the Internal Revenue Code of
            1986 shall have the same meaning as when used in such chapter.

        (d) Aggregation Rule.--All persons treated as a single employer
    under subsection (a) or (b) of section 52 of the Internal Revenue Code
    of 1986, or subsection (m) or (o) of section 414 of such Code, shall be
    treated as one employer for purposes of this section.
        (e) Certain Rules to Apply.--For purposes of this section, rules
    similar to the rules of sections 51(i)(1) and 280C(a) of the Internal
    Revenue Code of 1986 shall apply.
        (f) Certain Governmental Employers.--This credit shall not apply to
    the Government of the United States, the government

    [[Page 134 STAT. 350]]

    of any State or political subdivision thereof, or any agency or
    instrumentality of any of the foregoing.
        (g) Election Not to Have Section Apply.--This section shall not
    apply with respect to any eligible employer for any calendar quarter if
    such employer elects (at such time and in such manner as the Secretary
    may prescribe) not to have this section apply.
        (h) Special Rules.--
                (1) Employee not taken into account more than once.--An
            employee shall not be included for purposes of this section for
            any period with respect to any employer if such employer is
            allowed a credit under section 51 of the Internal Revenue Code
            of 1986 with respect to such employee for such period.
                (2) Denial of double benefit.--Any wages taken into account
            in determining the credit allowed under this section shall not
            be taken into account for purposes of determining the credit
            allowed under section 45S of such Code.
                (3) Third party payors.--Any credit allowed under this
            section shall be treated as a credit described in section
            3511(d)(2) of such Code.

        (i) Transfers to Federal Old-Age and Survivors Insurance Trust
    Fund.--There are hereby appropriated to the Federal Old-Age and
    Survivors Insurance Trust Fund and the Federal Disability Insurance
    Trust Fund established under section 201 of the Social Security Act (42
    U.S.C. 401) and the Social Security Equivalent Benefit Account
    established under section 15A(a) of the Railroad Retirement Act of 1974
    (45 U.S.C. 14 231n-1(a)) amounts equal to the reduction in revenues to
    the Treasury by reason of this section (without regard to this
    subsection). Amounts appropriated by the preceding sentence shall be
    transferred from the general fund at such times and in such manner as to
    replicate to the extent possible the transfers which would have occurred
    to such Trust Fund or Account had this section not been enacted.
        (j) Rule for Employers Taking Small Business Interruption Loan.--If
    an eligible employer receives a covered loan under paragraph (36) of
    section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by
    section 1102 of this Act, such employer shall not be eligible for the
    credit under this section.
        (k) <<NOTE: Waiver authority. Determination.>>  Treatment of
    Deposits.--The Secretary shall waive any penalty under section 6656 of
    the Internal Revenue Code of 1986 for any failure to make a deposit of
    any applicable employment taxes if the Secretary determines that such
    failure was due to the reasonable anticipation of the credit allowed
    under this section.

        (l) Regulations and Guidance.--The Secretary shall issue such forms,
    instructions, regulations, and guidance as are necessary--
                (1) to allow the advance payment of the credit under
            subsection (a), subject to the limitations provided in this
            section, based on such information as the Secretary shall
            require,
                (2) to provide for the reconciliation of such advance
            payment with the amount advanced at the time of filing the
            return of tax for the applicable calendar quarter or taxable
            year,
                (3) to provide for the recapture of the credit under this
            section if such credit is allowed to a taxpayer which receives a
            loan described in subsection (j) during a subsequent quarter,
                (4) with respect to the application of the credit under
            subsection (a) to third party payors (including professional

    [[Page 134 STAT. 351]]

            employer organizations, certified professional employer
            organizations, or agents under section 3504 of the Internal
            Revenue Code of 1986), including regulations or guidance
            allowing such payors to submit documentation necessary to
            substantiate the eligible employer status of employers that use
            such payors, and
                (5) for application of subparagraphs (A)(ii)(II) and (B) of
            subsection (c)(2) in the case of any employer which was not
            carrying on a trade or business for all or part of the same
            calendar quarter in the prior year.

        (m) Application.--This section shall only apply to wages paid after
    March 12, 2020, and before January 1, 2021.
    SEC. 2302. <<NOTE: 26 USC 3111 note.>>  DELAY OF PAYMENT OF
                              EMPLOYER PAYROLL TAXES.

        (a) In General.--
                (1) Taxes.--Notwithstanding any other provision of law, the
            payment for applicable employment taxes for the payroll tax
            deferral period shall not be due before the applicable date.
                (2) Deposits.--Notwithstanding section 6302 of the Internal
            Revenue Code of 1986, an employer shall be treated as having
            timely made all deposits of applicable employment taxes that are
            required to be made (without regard to this section) for such
            taxes during the payroll tax deferral period if all such
            deposits are made not later than the applicable date.
                (3) Exception.--This subsection shall not apply to any
            taxpayer if such taxpayer has had indebtedness forgiven under
            section 1106 of this Act with respect to a loan under paragraph
            (36) of section 7(a) of the Small Business Act (15 U.S.C.
            636(a)), as added by section 1102 of this Act, or indebtedness
            forgiven under section 1109 of this Act.

        (b) SECA.--
                (1) In general.--Notwithstanding any other provision of law,
            the payment for 50 percent of the taxes imposed under section
            1401(a) of the Internal Revenue Code of 1986 for the payroll tax
            deferral period shall not be due before the applicable date.
                (2) Estimated taxes.--For purposes of applying section 6654
            of the Internal Revenue Code of 1986 to any taxable year which
            includes any part of the payroll tax deferral period, 50 percent
            of the taxes imposed under section 1401(a) of such Code for the
            payroll tax deferral period shall not be treated as taxes to
            which such section 6654 applies.

        (c) Liability of Third Parties.--
                (1) Acts to be performed by agents.--For purposes of section
            3504 of the Internal Revenue Code of 1986, in the case of any
            person designated pursuant to such section (and any regulations
            or other guidance issued by the Secretary with respect to such
            section) to perform acts otherwise required to be performed by
            an employer under such Code, if such employer directs such
            person to defer payment of any applicable employment taxes
            during the payroll tax deferral period under this section, such
            employer shall be solely liable for the payment of such
            applicable employment taxes before the applicable date for any
            wages paid by such person on behalf of such employer during such
            period.

    [[Page 134 STAT. 352]]

                (2) Certified professional employer organizations.--For
            purposes of section 3511, in the case of a certified
            professional employer organization (as defined in subsection (a)
            of section 7705 of the Internal Revenue Code of 1986) that has
            entered into a service contract described in subsection (e)(2)
            of such section with a customer, if such customer directs such
            organization to defer payment of any applicable employment taxes
            during the payroll tax deferral period under this section, such
            customer shall, notwithstanding subsections (a) and (c) of
            section 3511, be solely liable for the payment of such
            applicable employment taxes before the applicable date for any
            wages paid by such organization to any work site employee
            performing services for such customer during such period.

        (d) Definitions.--For purposes of this section--
                (1) Applicable employment taxes.--The term ``applicable
            employment taxes'' means the following:
                        (A) The taxes imposed under section 3111(a) of the
                    Internal Revenue Code of 1986.
                        (B) So much of the taxes imposed under section
                    3211(a) of such Code as are attributable to the rate in
                    effect under section 3111(a) of such Code.
                        (C) So much of the taxes imposed under section
                    3221(a) of such Code as are attributable to the rate in
                    effect under section 3111(a) of such Code.
                (2) Payroll tax deferral period.--The term ``payroll tax
            deferral period'' means the period beginning on the date of the
            enactment of this Act and ending before January 1, 2021.
                (3) Applicable date.--The term ``applicable date'' means--
                        (A) December 31, 2021, with respect to 50 percent of
                    the amounts to which subsection (a) or (b), as the case
                    may be, apply, and
                        (B) December 31, 2022, with respect to the remaining
                    such amounts.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Treasury (or the Secretary's delegate).

        (e) Trust Funds Held Harmless.--There are hereby appropriated (out
    of any money in the Treasury not otherwise appropriated) for each fiscal
    year to the Federal Old-Age and Survivors Insurance Trust Fund and the
    Federal Disability Insurance Trust Fund established under section 201 of
    the Social Security Act (42 U.S.C. 401) and the Social Security
    Equivalent Benefit Account established under section 15A(a) of the
    Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) an amount equal to
    the reduction in the transfers to such fund for such fiscal year by
    reason of this section. Amounts appropriated by the preceding sentence
    shall be transferred from the general fund at such times and in such
    manner as to replicate to the extent possible the transfers which would
    have occurred to such Trust Fund had such amendments not been enacted.
        (f) Regulatory Authority.--The Secretary shall issue such
    regulations or other guidance as necessary to carry out the purposes of
    this section, including rules for the administration and enforcement of
    subsection (c).
    SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.

        (a) Temporary Repeal of Taxable Income Limitation.--

    [[Page 134 STAT. 353]]

                (1) In general.--The first sentence of section 172(a) of the
            Internal Revenue Code of 1986 <<NOTE: 26 USC 172.>>  is amended
            by striking ``an amount equal to'' and all that follows and
            inserting ``an amount equal to--
                ``(1) in the case of a taxable year beginning before January
            1, 2021, the aggregate of the net operating loss carryovers to
            such year, plus the net operating loss carrybacks to such year,
            and
                ``(2) in the case of a taxable year beginning after December
            31, 2020, the sum of--
                        ``(A) the aggregate amount of net operating losses
                    arising in taxable years beginning before January 1,
                    2018, carried to such taxable year, plus
                        ``(B) the lesser of--
                              ``(i) the aggregate amount of net operating
                          losses arising in taxable years beginning after
                          December 31, 2017, carried to such taxable year,
                          or
                              ``(ii) 80 percent of the excess (if any) of--
                                        ``(I) taxable income computed
                                    without regard to the deductions under
                                    this section and sections 199A and 250,
                                    over
                                        ``(II) the amount determined under
                                    subparagraph (A).''.
                (2) Conforming amendments.--
                        (A) Section 172(b)(2)(C) of such Code is amended to
                    read as follows:
                        ``(C) for taxable years beginning after December 31,
                    2020, be reduced by 20 percent of the excess (if any)
                    described in subsection (a)(2)(B)(ii) for such taxable
                    year.''.
                        (B) Section 172(d)(6)(C) of such Code is amended by
                    striking ``subsection (a)(2)'' and inserting
                    ``subsection (a)(2)(B)(ii)(I)''.
                        (C) Section 860E(a)(3)(B) of such Code is amended by
                    striking all that follows ``for purposes of'' and
                    inserting ``subsection (a)(2)(B)(ii)(I) and the second
                    sentence of subsection (b)(2) of section 172.''.

        (b) Modifications of Rules Relating to Carrybacks.--
                (1) In general.--Section 172(b)(1) of the Internal Revenue
            Code of 1986 is amended by adding at the end the following new
            subparagraph:
                        ``(D) Special rule for losses arising in 2018, 2019,
                    and 2020.--
                              ``(i) In general.--In the case of any net
                          operating loss arising in a taxable year beginning
                          after December 31, 2017, and before January 1,
                          2021--
                                        ``(I) such loss shall be a net
                                    operating loss carryback to each of the
                                    5 taxable years preceding the taxable
                                    year of such loss, and
                                        ``(II) subparagraphs (B) and (C)(i)
                                    shall not apply.
                              ``(ii) Special rules for reits.--For purposes
                          of this subparagraph--
                                        ``(I) In general.--A net operating
                                    loss for a REIT year shall not be a net
                                    operating loss carryback to any taxable
                                    year preceding the taxable year of such
                                    loss.

    [[Page 134 STAT. 354]]

                                        ``(II) Special rule.--In the case of
                                    any net operating loss for a taxable
                                    year which is not a REIT year, such loss
                                    shall not be carried to any preceding
                                    taxable year which is a REIT year.
                                        ``(III) REIT year.--For purposes of
                                    this subparagraph, the term `REIT year'
                                    means any taxable year for which the
                                    provisions of part II of subchapter M
                                    (relating to real estate investment
                                    trusts) apply to the taxpayer.
                              ``(iii) Special rule for life insurance
                          companies.-- In the case of a life insurance
                          company, if a net operating loss is carried
                          pursuant to clause (i)(I) to a life insurance
                          company taxable year beginning before January 1,
                          2018, such net operating loss carryback shall be
                          treated in the same manner as an operations loss
                          carryback (within the meaning of section 810 as in
                          effect before its repeal) of such company to such
                          taxable year.
                              ``(iv) Rule relating to carrybacks to years to
                          which section 965 applies.--If a net operating
                          loss of a taxpayer is carried pursuant to clause
                          (i)(I) to any taxable year in which an amount is
                          includible in gross income by reason of section
                          965(a), the taxpayer shall be treated as having
                          made the election under section 965(n) with
                          respect to each such taxable year.
                              ``(v) Special rules for elections under
                          paragraph (3).--
                                        ``(I) Special election to exclude
                                    section 965 years.-- <<NOTE: Time
                                    period.>>  If the 5-year carryback
                                    period under clause (i)(I) with respect
                                    to any net operating loss of a taxpayer
                                    includes 1 or more taxable years in
                                    which an amount is includible in gross
                                    income by reason of section 965(a), the
                                    taxpayer may, in lieu of the election
                                    otherwise available under paragraph (3),
                                    elect under such paragraph to exclude
                                    all such taxable years from such
                                    carryback period.
                                        ``(II) Time of elections.--An
                                    election under paragraph (3) (including
                                    an election described in subclause (I))
                                    with respect to a net operating loss
                                    arising in a taxable year beginning in
                                    2018 or 2019 shall be made by the due
                                    date (including extensions of time) for
                                    filing the taxpayer's return for the
                                    first taxable year ending after the date
                                    of the enactment of this
                                    subparagraph.''.
                (2) Conforming amendment.--Section 172(b)(1)(A) of such
            Code, as amended by subsection (c)(2), is amended by striking
            ``and (C)(i)'' and inserting ``, (C)(i), and (D)''.

        (c) Technical Amendment Relating to Section 13302 of Public Law 115-
    97.--
                (1) <<NOTE: 26 USC 172 note.>>  Section 13302(e) of Public
            Law 115-97 is amended to read as follows:

        ``(e) <<NOTE: Applicability.>> Effective Dates.--
                ``(1) Net operating loss limitation.--The amendments made by
            subsections (a) and (d)(2) shall apply to--

    [[Page 134 STAT. 355]]

                        ``(A) taxable years beginning after December 31,
                    2017, and
                        ``(B) taxable years beginning on or before such date
                    to which net operating losses arising in taxable years
                    beginning after such date are carried.
                ``(2) Carryovers and carrybacks.--The amendments made by
            subsections (b), (c), and (d)(1) shall apply to net operating
            losses arising in taxable years beginning after December 31,
            2017.''.
                (2) Section 172(b)(1)(A) of the Internal Revenue Code of
            1986 is amended <<NOTE: 26 USC 172.>>  to read as follows:
                        ``(A) General rule.--A net operating loss for any
                    taxable year--
                              ``(i) shall be a net operating loss carryback
                          to the extent provided in subparagraphs (B) and
                          (C)(i), and
                              ``(ii) except as provided in subparagraph
                          (C)(ii), shall be a net operating loss carryover--
                                        ``(I) in the case of a net operating
                                    loss arising in a taxable year beginning
                                    before January 1, 2018, to each of the
                                    20 taxable years following the taxable
                                    year of the loss, and
                                        ``(II) in the case of a net
                                    operating loss arising in a taxable year
                                    beginning after December 31, 2017, to
                                    each taxable year following the taxable
                                    year of the loss.''.

        (d) <<NOTE: Applicability. 26 USC 172 note.>>  Effective Dates.--
                (1) Net operating loss limitation.--The amendments made by
            subsection (a) shall apply--
                        (A) to taxable years beginning after December 31,
                    2017, and
                        (B) to taxable years beginning on or before December
                    31, 2017, to which net operating losses arising in
                    taxable years beginning after December 31, 2017, are
                    carried.
                (2) Carryovers and carrybacks.--The amendment made by
            subsection (b) shall apply to--
                        (A) net operating losses arising in taxable years
                    beginning after December 31, 2017, and
                        (B) taxable years beginning before, on, or after
                    such date to which such net operating losses are
                    carried.
                (3) Technical amendments.--The amendments made by subsection
            (c) shall take effect as if included in the provisions of Public
            Law 115-97 to which they relate.
                (4) <<NOTE: Time period. Deadline.>>  Special rule.--In the
            case of a net operating loss arising in a taxable year beginning
            before January 1, 2018, and ending after December 31, 2017--
                        (A) an application under section 6411(a) of the
                    Internal Revenue Code of 1986 with respect to the
                    carryback of such net operating loss shall not fail to
                    be treated as timely filed if filed not later than the
                    date which is 120 days after the date of the enactment
                    of this Act, and
                        (B) an election to--
                              (i) forgo any carryback of such net operating
                          loss,
                              (ii) reduce any period to which such net
                          operating loss may be carried back, or
                              (iii) revoke any election made under section
                          172(b) to forgo any carryback of such net
                          operating loss,

    [[Page 134 STAT. 356]]

                    shall not fail to be treated as timely made if made not
                    later than the date which is 120 days after the date of
                    the enactment of this Act.
    SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS
                              OTHER THAN CORPORATIONS.

        (a) In General.--Section 461(l)(1) of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 461.>>  is amended to read as follows:
                ``(1) <<NOTE: Time periods.>>  Limitation.--In the case of a
            taxpayer other than a corporation--
                        ``(A) for any taxable year beginning after December
                    31, 2017, and before January 1, 2026, subsection (j)
                    (relating to limitation on excess farm losses of certain
                    taxpayers) shall not apply, and
                        ``(B) for any taxable year beginning after December
                    31, 2020, and before January 1, 2026, any excess
                    business loss of the taxpayer for the taxable year shall
                    not be allowed.''.

        (b) Technical Amendments Relating to Section 11012 of Public Law
    115-97.--
                (1) Section 461(l)(2) of the Internal Revenue Code of 1986
            is amended by striking ``a net operating loss carryover to the
            following taxable year under section 172'' and inserting ``a net
            operating loss for the taxable year for purposes of determining
            any net operating loss carryover under section 172(b) for
            subsequent taxable years''.
                (2) Section 461(l)(3)(A) of such Code is amended--
                        (A) in clause (i), by inserting ``and without regard
                    to any deduction allowable under section 172 or 199A''
                    after ``under paragraph (1)'', and
                        (B) by adding at the end the following flush
                    sentence:
            ``Such excess shall be determined without regard to any
            deductions, gross income, or gains attributable to any trade or
            business of performing services as an employee.''.
                (3) Section 461(l)(3) of such Code is amended by
            redesignating subparagraph (B) as subparagraph (C) and by
            inserting after subparagraph (A) the following new subparagraph:
                        ``(B) Treatment of capital gains and losses.--
                              ``(i) Losses.--Deductions for losses from
                          sales or exchanges of capital assets shall not be
                          taken into account under subparagraph (A)(i).
                              ``(ii) Gains.--The amount of gains from sales
                          or exchanges of capital assets taken into account
                          under subparagraph (A)(ii) shall not exceed the
                          lesser of--
                                        ``(I) the capital gain net income
                                    determined by taking into account only
                                    gains and losses attributable to a trade
                                    or business, or
                                        ``(II) the capital gain net
                                    income.''.

        (c) <<NOTE: 26 USC 461 note.>>  Effective Dates.--
                (1) In general.--The amendments made by subsection (a) shall
            apply to taxable years beginning after December 31, 2017.
                (2) Technical amendments.--The amendments made by subsection
            (b) shall take effect as if included in the provisions of Public
            Law 115-97 to which they relate.

    [[Page 134 STAT. 357]]

    SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX
                              LIABILITY OF CORPORATIONS.

        (a) In General.--Section 53(e) of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 53.>>  is amended--
                (1) by striking ``2018, 2019, 2020, or 2021'' in paragraph
            (1) and inserting ``2018 or 2019'', and
                (2) by striking ``2021'' in paragraph (2) and inserting
            ``2019''.

        (b) Election to Take Entire Refundable Credit Amount in 2018.--
                (1) In general.--Section 53(e) of such Code is amended by
            adding at the end the following new paragraph:
                ``(5) Special rule.--In the case of a corporation making an
            election under this paragraph--
                        ``(A) paragraph (1) shall not apply, and
                        ``(B) subsection (c) shall not apply to the first
                    taxable year of such corporation beginning in 2018.''.

        (c) <<NOTE: 26 USC 53 note.>>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2017.

        (d) <<NOTE: 26 USC 53 note.>>  Special Rule.--
                (1) In general.--For purposes of the Internal Revenue Code
            of 1986, a credit or refund for which an application described
            in paragraph (2)(A) is filed shall be treated as made under
            section 6411 of such Code.
                (2) Tentative refund.--
                        (A) Application.--A taxpayer may file an application
                    for a tentative refund of any amount for which a refund
                    is due by reason of an election under section 53(e)(5)
                    of the Internal Revenue Code of 1986. Such application
                    shall be in such manner and form as the Secretary of the
                    Treasury (or the Secretary's delegate) may prescribe and
                    shall--
                              (i) be verified in the same manner as an
                          application under section 6411(a) of such Code,
                              (ii) <<NOTE: Deadline.>>  be filed prior to
                          December 31, 2020, and
                              (iii) set forth--
                                        (I) the amount of the refundable
                                    credit claimed under section 53(e) of
                                    such Code for such taxable year,
                                        (II) the amount of the refundable
                                    credit claimed under such section for
                                    any previously filed return for such
                                    taxable year, and
                                        (III) the amount of the refund
                                    claimed.
                        (B) <<NOTE: Time period.>>  Allowance of
                    adjustments.--Within a period of 90 days from the date
                    on which an application is filed under subparagraph (A),
                    the Secretary of the Treasury (or the Secretary's
                    delegate) shall--
                              (i) <<NOTE: Review.>>  review the application,
                              (ii) <<NOTE: Determination.>>  determine the
                          amount of the overpayment, and
                              (iii) apply, credit, or refund such
                          overpayment,
                    in a manner similar to the manner provided in section
                    6411(b) of the Internal Revenue Code of 1986.
                        (C) <<NOTE: Applicability.>>  Consolidated
                    returns.--The provisions of section 6411(c) of the
                    Internal Revenue Code of 1986 Code shall apply to an
                    adjustment under this paragraph to the same extent and
                    manner as the Secretary of the Treasury (or the
                    Secretary's delegate) may provide.

    [[Page 134 STAT. 358]]

    SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.

        (a) In General.--Section 163(j) of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 163.>>  is amended by redesignating paragraph (10)
    as paragraph (11) and by inserting after paragraph (9) the following new
    paragraph:
                ``(10) Special rule for taxable years beginning in 2019 and
            2020.--
                        ``(A) In general.--
                              ``(i) <<NOTE: Applicability.>>  In general.--
                          Except as provided in clause (ii) or (iii), in the
                          case of any taxable year beginning in 2019 or
                          2020, paragraph (1)(B) shall be applied by
                          substituting `50 percent' for `30 percent'.
                              ``(ii) Special rule for partnerships.--In the
                          case of a partnership--
                                        ``(I) clause (i) shall not apply to
                                    any taxable year beginning in 2019, but
                                        ``(II) unless a partner elects not
                                    to have this subclause apply, in the
                                    case of any excess business interest of
                                    the partnership for any taxable year
                                    beginning in 2019 which is allocated to
                                    the partner under paragraph
                                    (4)(B)(i)(II)--
                                                ``(aa) 50 percent of such
                                            excess business interest shall
                                            be treated as business interest
                                            which, notwithstanding paragraph
                                            (4)(B)(ii), is paid or accrued
                                            by the partner in the partner's
                                            first taxable year beginning in
                                            2020 and which is not subject to
                                            the limits of paragraph (1), and
                                                ``(bb) 50 percent of such
                                            excess business interest shall
                                            be subject to the limitations of
                                            paragraph (4)(B)(ii) in the same
                                            manner as any other excess
                                            business interest so allocated.
                              ``(iii) Election out.--A taxpayer may elect,
                          at such time and in such manner as the Secretary
                          may prescribe, not to have clause (i) apply to any
                          taxable year. Such an election, once made, may be
                          revoked only with the consent of the Secretary. In
                          the case of a partnership, any such election shall
                          be made by the partnership and may be made only
                          for taxable years beginning in 2020.
                        ``(B) Election to use 2019 adjusted taxable income
                    for taxable years beginning in 2020.--
                              ``(i) In general.--Subject to clause (ii), in
                          the case of any taxable year beginning in 2020,
                          the taxpayer may elect to apply this subsection by
                          substituting the adjusted taxable income of the
                          taxpayer for the last taxable year beginning in
                          2019 for the adjusted taxable income for such
                          taxable year. In the case of a partnership, any
                          such election shall be made by the partnership.
                              ``(ii) Special rule for short taxable years.--
                          If an election is made under clause (i) for a
                          taxable year which is a short taxable year, the
                          adjusted taxable income for the taxpayer's last
                          taxable year beginning in 2019 which is
                          substituted under clause (i) shall be equal to the
                          amount which bears the same ratio to such adjusted
                          taxable income determined without

    [[Page 134 STAT. 359]]

                          regard to this clause as the number of months in
                          the short taxable year bears to 12''.

        (b) <<NOTE: 26 USC 163.>>  Effective Date.--The amendments made by
    this section shall apply to taxable years beginning after December 31,
    2018.
    SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT
                              PROPERTY.

        (a) In General.--Section 168 of the Internal Revenue Code of
    1986 <<NOTE: 26 USC 168.>>  is amended--
                (1) in subsection (e)--
                        (A) in paragraph (3)(E), by striking ``and'' at the
                    end of clause (v), by striking the period at the end of
                    clause (vi) and inserting ``, and'', and by adding at
                    the end the following new clause:
                              ``(vii) any qualified improvement property.'',
                          and
                        (B) in paragraph (6)(A), by inserting ``made by the
                    taxpayer'' after ``any improvement'', and
                (2) in the table contained in subsection (g)(3)(B)--
                        (A) by striking the item relating to subparagraph
                    (D)(v), and
                        (B) by inserting after the item relating to
                    subparagraph (E)(vi) the following new item:
            ``(E)(vii)..............................................   20''.

        (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendments made
    by this section shall take effect as if included in section 13204 of
    Public Law 115-97.
    SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL USED TO
                              PRODUCE HAND SANITIZER.

        (a) In General.--Section 5214(a) of the Internal Revenue Code of
    1986 is amended--
                (1) in paragraph (13), by striking the period at the end and
            inserting ``; or'', and
                (2) <<NOTE: Time period.>>  by adding at the end the
            following new paragraph:
                ``(14) with respect to distilled spirits removed after
            December 31, 2019, and before January 1, 2021, free of tax for
            use in or contained in hand sanitizer produced and distributed
            in a manner consistent with any guidance issued by the Food and
            Drug Administration that is related to the outbreak of virus
            SARS-CoV-2 or coronavirus disease 2019 (COVID-19).''.

        (b) <<NOTE: 26 USC 5214 note.>>  Effective Date.--The amendments
    made by this section shall apply to distilled spirits removed after
    December 31, 2019.

        (c) <<NOTE: 26 USC 5214 note.>>  Application of Other Laws.--Any
    distilled spirits or product described in paragraph (14) of section
    5214(a) of the Internal Revenue Code of 1986 (as added by this section)
    shall not be subject to any requirements related to labeling or bulk
    sales under--
                (1) section 105 or 106 of the Federal Alcohol Administration
            Act (27 U.S.C. 205, 206); or
                (2) section 204 of the Alcoholic Beverage Labeling Act of
            1988 (27 U.S.C. 215).

    [[Page 134 STAT. 360]]

    TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
                                 THE CORONAVIRUS

      Subtitle A-- <<NOTE: Coronavirus Aid, Relief, and Economic Security
    Act. 42 USC 201 note.>> Health Provisions
    SEC. 3001. SHORT TITLE.

        This subtitle may be cited as the ``Coronavirus Aid, Relief, and
    Economic Security Act''.

                       PART I--ADDRESSING SUPPLY SHORTAGES

                       Subpart A--Medical Product Supplies

    SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL PRODUCT
                              SUPPLY CHAIN SECURITY.

        (a) <<NOTE: Contracts.>>  In General.--Not later than 60 days after
    the date of enactment of this Act, the Secretary of Health and Human
    Services shall enter into an agreement with the National Academies of
    Sciences, Engineering, and Medicine (referred to in this section as the
    ``National Academies'') to examine, and, in a manner that does not
    compromise national security, report on, the security of the United
    States medical product supply chain.

        (b) Purposes.--The report developed under this section shall--
                (1) <<NOTE: Assessment. Evaluation.>>  assess and evaluate
            the dependence of the United States, including the private
            commercial sector, States, and the Federal Government, on
            critical drugs and devices that are sourced or manufactured
            outside of the United States, which may include an analysis of--
                        (A) the supply chain of critical drugs and devices
                    of greatest priority to providing health care;
                        (B) any potential public health security or national
                    security risks associated with reliance on critical
                    drugs and devices sourced or manufactured outside of the
                    United States, which may include responses to previous
                    or existing shortages or public health emergencies, such
                    as infectious disease outbreaks, bioterror attacks, and
                    other public health threats;
                        (C) any existing supply chain information gaps, as
                    applicable; and
                        (D) potential economic impact of increased domestic
                    manufacturing; and
                (2) <<NOTE: Recommenda- tions.>>  provide recommendations,
            which may include a plan to improve the resiliency of the supply
            chain for critical drugs and devices as described in paragraph
            (1), and to address any supply vulnerabilities or potential
            disruptions of such products that would significantly affect or
            pose a threat to public health security or national security, as
            appropriate, which may include strategies to--
                        (A) promote supply chain redundancy and contingency
                    planning;
                        (B) encourage domestic manufacturing, including
                    consideration of economic impacts, if any;
                        (C) improve supply chain information gaps;

    [[Page 134 STAT. 361]]

                        (D) improve planning considerations for medical
                    product supply chain capacity during public health
                    emergencies; and
                        (E) promote the accessibility of such drugs and
                    devices.

        (c) Input.--In conducting the study and developing the report under
    subsection (b), the National Academies shall--
                (1) consider input from the Department of Health and Human
            Services, the Department of Homeland Security, the Department of
            Defense, the Department of Commerce, the Department of State,
            the Department of Veterans Affairs, the Department of Justice,
            and any other Federal agencies as appropriate; and
                (2) <<NOTE: Consultation.>>  consult with relevant
            stakeholders, which may include conducting public meetings and
            other forms of engagement, as appropriate, with health care
            providers, medical professional societies, State-based
            societies, public health experts, State and local public health
            departments, State medical boards, patient groups, medical
            product manufacturers, health care distributors, wholesalers and
            group purchasing organizations, pharmacists, and other entities
            with experience in health care and public health, as
            appropriate.

        (d) Definitions.--In this section, the terms ``device'' and ``drug''
    have the meanings given such terms in section 201 of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 321).
    SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE
                              CERTAIN TYPES OF MEDICAL SUPPLIES.

        Section 319F-2(a)(1) of the Public Health Service Act (42 U.S.C.
    247d-6b(a)(1)) is amended by inserting ``(including personal protective
    equipment, ancillary medical supplies, and other applicable supplies
    required for the administration of drugs, vaccines and other biological
    products, medical devices, and diagnostic tests in the stockpile)''
    after ``other supplies''.
    SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED
                              COUNTERMEASURES.

        Section 319F-3(i)(1)(D) of the Public Health Service Act (42 U.S.C.
    247d-6d(i)(1)(D)) is amended to read as follows:
                        ``(D) <<NOTE: Determination.>>  a respiratory
                    protective device that is approved by the National
                    Institute for Occupational Safety and Health under part
                    84 of title 42, Code of Federal Regulations (or any
                    successor regulations), and that the Secretary
                    determines to be a priority for use during a public
                    health emergency declared under section 319.''.

                 Subpart B--Mitigating Emergency Drug Shortages

    SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES.

        Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 356c(g)) is amended--
                (1) in paragraph (1), by striking ``the Secretary may'' and
            inserting ``the Secretary shall, as appropriate'';
                (2) in paragraph (1), by inserting ``prioritize and'' before
            ``expedite the review''; and
                (3) in paragraph (2), by inserting ``prioritize and'' before
            ``expedite an inspection''.

    [[Page 134 STAT. 362]]

    SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN
                              RESPONSE TO DRUG SHORTAGES.

        (a) Expansion To Include Active Pharmaceutical Ingredients.--
    Subsection (a) of section 506C of the Federal Food, Drug, and Cosmetic
    Act (21 U.S.C. 356c) is amended--
                (1) in paragraph (1)(C), by inserting ``or any such drug
            that is critical to the public health during a public health
            emergency declared by the Secretary under section 319 of the
            Public Health Service Act'' after ``during surgery''; and
                (2) in the flush text at the end--
                        (A) by inserting ``, or a permanent discontinuance
                    in the manufacture of an active pharmaceutical
                    ingredient or an interruption in the manufacture of the
                    active pharmaceutical ingredient of such drug that is
                    likely to lead to a meaningful disruption in the supply
                    of the active pharmaceutical ingredient of such drug,''
                    before ``and the reasons''; and
                        (B) by adding at the end the following:
                    ``Notification under this subsection shall include
                    disclosure of reasons for the discontinuation or
                    interruption, and if applicable, an active
                    pharmaceutical ingredient is a reason for, or risk
                    factor in, such discontinuation or interruption, the
                    source of the active pharmaceutical ingredient and any
                    alternative sources for the active pharmaceutical
                    ingredient known by the manufacturer; whether any
                    associated device used for preparation or administration
                    included in the drug is a reason for, or a risk factor
                    in, such discontinuation or interruption; the expected
                    duration of the interruption; and such other information
                    as the Secretary may require.''.

        (b) Risk Management.--Section 506C of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the
    following:
        ``(j) Risk Management Plans.--Each manufacturer of a drug described
    in subsection (a) or of any active pharmaceutical ingredient or any
    associated medical device used for preparation or administration
    included in the drug, shall develop, maintain, and implement, as
    appropriate, a redundancy risk management plan that identifies and
    evaluates risks to the supply of the drug, as applicable, for each
    establishment in which such drug or active pharmaceutical ingredient of
    such drug is manufactured. <<NOTE: Inspection.>>  A risk management plan
    under this section shall be subject to inspection and copying by the
    Secretary pursuant to an inspection or a request under section
    704(a)(4).''.

        (c) Annual Notification.--Section 506E of the Federal Food, Drug,
    and Cosmetic Act (21 U.S.C. 356e) is amended by adding at the end the
    following:
        ``(d) Interagency Notification.--Not later than 180 days after the
    date of enactment of this subsection, and every 90 days thereafter, the
    Secretary shall transmit a report regarding the drugs of the current
    drug shortage list under this section to the Administrator of the
    Centers for Medicare & Medicaid Services.''.
        (d) Reporting After Inspections.--Section 704(b) of the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended--
                (1) by redesignating paragraphs (1) and (2) and
            subparagraphs (A) and (B);
                (2) by striking ``(b) Upon completion'' and inserting
            ``(b)(1) Upon completion''; and

    [[Page 134 STAT. 363]]

                (3) by adding at the end the following:

        ``(2) <<NOTE: Records.>>  In carrying out this subsection with
    respect to any establishment manufacturing a drug approved under
    subsection (c) or (j) of section 505 for which a notification has been
    submitted in accordance with section 506C is, or has been in the last 5
    years, listed on the drug shortage list under section 506E, or that is
    described in section 505(j)(11)(A), a copy of the report shall be sent
    promptly to the appropriate offices of the Food and Drug Administration
    with expertise regarding drug shortages.''.

        (e) Reporting Requirement.--Section 510(j) of the Federal Food,
    Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended--
                (1) by redesignating paragraphs (3) and (4) as paragraphs
            (4) and (5), respectively; and
                (2) by inserting after paragraph (2) the following:
                ``(3)(A) Each person who registers with the Secretary under
            this section with regard to a drug shall report annually to the
            Secretary on the amount of each drug listed under paragraph (1)
            that was manufactured, prepared, propagated, compounded, or
            processed by such person for commercial distribution. Such
            information may be required to be submitted in an electronic
            format as determined by the Secretary. The Secretary may require
            that information required to be reported under this paragraph be
            submitted at the time a public health emergency is declared by
            the Secretary under section 319 of the Public Health Service
            Act.
                ``(B) <<NOTE: Determination.>>  By order of the Secretary,
            certain biological products or categories of biological products
            regulated under section 351 of the Public Health Service Act may
            be exempt from some or all of the reporting requirements under
            subparagraph (A), if the Secretary determines that applying such
            reporting requirements to such biological products or categories
            of biological products is not necessary to protect the public
            health.''.

        (f) <<NOTE: 21 USC 356c note.>>  Confidentiality.--Nothing in the
    amendments made by this section shall be construed as authorizing the
    Secretary to disclose any information that is a trade secret or
    confidential information subject to section 552(b)(4) of title 5, United
    States Code, or section 1905 of title 18, United States Code.

        (g) <<NOTE: 21 USC 356c note.>>  Effective Date.--The amendments
    made by this section and section 3111 shall take effect on the date that
    is 180 days after the date of enactment of this Act.

                 Subpart C--Preventing Medical Device Shortages

    SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF
                              MEDICAL DEVICES.

        Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
    et seq.) is amended by inserting after section 506I the following:
    ``SEC. 506J. <<NOTE: 21 USC 356j.>>  DISCONTINUANCE OR
                              INTERRUPTION IN THE PRODUCTION OF
                              MEDICAL DEVICES.

        ``(a) In General.--A manufacturer of a device that--
                ``(1) is critical to public health during a public health
            emergency, including devices that are life-supporting, life-
            sustaining, or intended for use in emergency medical care or
            during surgery; or

    [[Page 134 STAT. 364]]

                ``(2) <<NOTE: Determination. Notification.>>  for which the
            Secretary determines that information on potential meaningful
            supply disruptions of such device is needed during, or in
            advance of, a public health emergency;

    shall, during, or in advance of, a public health emergency declared by
    the Secretary under section 319 of the Public Health Service Act, notify
    the Secretary, in accordance with subsection (b), of a permanent
    discontinuance in the manufacture of the device (except for
    discontinuances as a result of an approved modification of the device)
    or an interruption of the manufacture of the device that is likely to
    lead to a meaningful disruption in the supply of that device in the
    United States, and the reasons for such discontinuance or interruption.
        ``(b) Timing.--A notice required under subsection (a) shall be
    submitted to the Secretary--
                ``(1) at least 6 months prior to the date of the
            discontinuance or interruption; or
                ``(2) if compliance with paragraph (1) is not possible, as
            soon as practicable.

        ``(c) <<NOTE: Determination.>>  Distribution.--
                ``(1) Public availability.--To the maximum extent
            practicable, subject to paragraph (2), the Secretary shall
            distribute, through such means as the Secretary determines
            appropriate, information on the discontinuance or interruption
            of the manufacture of devices reported under subsection (a) to
            appropriate organizations, including physician, health provider,
            patient organizations, and supply chain partners, as appropriate
            and applicable, as described in subsection (g).
                ``(2) Public health exception.--The Secretary may choose not
            to make information collected under this section publicly
            available pursuant to this section if the Secretary determines
            that disclosure of such information would adversely affect the
            public health, such as by increasing the possibility of
            unnecessary over purchase of product, component parts, or other
            disruption of the availability of medical products to patients.

        ``(d) Confidentiality.--Nothing in this section shall be construed
    as authorizing the Secretary to disclose any information that is a trade
    secret or confidential information subject to section 552(b)(4) of title
    5, United States Code, or section 1905 of title 18, United States Code.
        ``(e) <<NOTE: Deadlines.>>  Failure To Meet Requirements.--If a
    person fails to submit information required under subsection (a) in
    accordance with subsection (b)--
                ``(1) <<NOTE: Notification.>>  the Secretary shall issue a
            letter to such person informing such person of such failure;
                ``(2) not later than 30 calendar days after the issuance of
            a letter under paragraph (1), the person who receives such
            letter shall submit to the Secretary a written response to such
            letter setting forth the basis for noncompliance and providing
            information required under subsection (a); and
                ``(3) <<NOTE: Public information. Web
            posting. Determination.>>  not later than 45 calendar days after
            the issuance of a letter under paragraph (1), the Secretary
            shall make such letter and any response to such letter under
            paragraph (2) available to the public on the internet website of
            the Food and Drug Administration, with appropriate redactions
            made to protect information described in subsection (d), except
            that, if the Secretary determines that the letter under
            paragraph (1) was issued in error or, after review of such
            response, the

    [[Page 134 STAT. 365]]

            person had a reasonable basis for not notifying as required
            under subsection (a), the requirements of this paragraph shall
            not apply.

        ``(f) Expedited Inspections and Reviews.--If, based on notifications
    described in subsection (a) or any other relevant information, the
    Secretary concludes that there is, or is likely to be, a shortage of an
    device, the Secretary shall, as appropriate--
                ``(1) prioritize and expedite the review of a submission
            under section 513(f)(2), 515, review of a notification under
            section 510(k), or 520(m) for a device that could help mitigate
            or prevent such shortage; or
                ``(2) prioritize and expedite an inspection or reinspection
            of an establishment that could help mitigate or prevent such
            shortage.

        ``(g) Device Shortage List.--
                ``(1) <<NOTE: Determination.>>  Establishment.--The
            Secretary shall establish and maintain an up-to-date list of
            devices that are determined by the Secretary to be in shortage
            in the United States.
                ``(2) Contents.--For each device included on the list under
            paragraph (1), the Secretary shall include the following
            information:
                        ``(A) The category or name of the device in
                    shortage.
                        ``(B) The name of each manufacturer of such device.
                        ``(C) The reason for the shortage, as determined by
                    the Secretary, selecting from the following categories:
                              ``(i) Requirements related to complying with
                          good manufacturing practices.
                              ``(ii) Regulatory delay.
                              ``(iii) Shortage or discontinuance of a
                          component or part.
                              ``(iv) Discontinuance of the manufacture of
                          the device.
                              ``(v) Delay in shipping of the device.
                              ``(vi) Delay in sterilization of the device.
                              ``(vii) Demand increase for the device.
                              ``(viii) Facility closure.
                        ``(D) <<NOTE: Estimate. Determination.>>  The
                    estimated duration of the shortage as determined by the
                    Secretary.
                ``(3) Public availability.--
                        ``(A) In general.--Subject to subparagraphs (B) and
                    (C), the Secretary shall make the information in the
                    list under paragraph (1) publicly available.
                        ``(B) Trade secrets and confidential information.--
                    Nothing in this subsection shall be construed to alter
                    or amend section 1905 of title 18, United States Code,
                    or section 552(b)(4) of title 5 of such Code.
                        ``(C) <<NOTE: Determination.>>  Public health
                    exception.--The Secretary may elect not to make
                    information collected under this subsection publicly
                    available if the Secretary determines that disclosure of
                    such information would adversely affect the public
                    health (such as by increasing the possibility of
                    hoarding or other disruption of the availability of the
                    device to patients).

        ``(h) Rule of Construction.--Nothing in this section shall be
    construed to affect the authority of the Secretary on the date of
    enactment of this section to expedite the review of devices under
    section 515 of the Federal Food, Drug, and Cosmetic Act, section

    [[Page 134 STAT. 366]]

    515B of such Act relating to the priority review program for devices,
    and section 564 of such Act relating to the emergency use authorization
    authorities.
        ``(i) Definitions.--In this section:
                ``(1) Meaningful disruption.--The term `meaningful
            disruption'--
                        ``(A) means a change in production that is
                    reasonably likely to lead to a reduction in the supply
                    of a device by a manufacturer that is more than
                    negligible and affects the ability of the manufacturer
                    to fill orders or meet expected demand for its product;
                        ``(B) does not include interruptions in
                    manufacturing due to matters such as routine maintenance
                    or insignificant changes in manufacturing so long as the
                    manufacturer expects to resume operations in a short
                    period of time, not to exceed 6 months;
                        ``(C) does not include interruptions in
                    manufacturing of components or raw materials so long as
                    such interruptions do not result in a shortage of the
                    device and the manufacturer expects to resume operations
                    in a reasonable period of time; and
                        ``(D) does not include interruptions in
                    manufacturing that do not lead to a reduction in
                    procedures or diagnostic tests associated with a medical
                    device designed to perform more than one procedure or
                    diagnostic test.
                ``(2) Shortage.--The term `shortage', with respect to a
            device, means a period of time when the demand or projected
            demand for the device within the United States exceeds the
            supply of the device.''.

              PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS

             Subpart A--Coverage of Testing and Preventive Services

    SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.

        Paragraph (1) of section 6001(a) of division F of the Families First
    Coronavirus Response Act (Public Law 116-127) <<NOTE: Ante, p. 201.>>
    is amended to read as follows:
                ``(1) An in vitro diagnostic test defined in section 809.3
            of title 21, Code of Federal Regulations (or successor
            regulations) for the detection of SARS-CoV-2 or the diagnosis of
            the virus that causes COVID-19, and the administration of such a
            test, that--
                        ``(A) is approved, cleared, or authorized under
                    section 510(k), 513, 515, or 564 of the Federal Food,
                    Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e,
                    360bbb-3);
                        ``(B) the developer has requested, or intends to
                    request, emergency use authorization under section 564
                    of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                    360bbb-3), unless and until the emergency use
                    authorization request under such section 564 has been
                    denied or the developer of such test does not submit a
                    request under such section within a reasonable
                    timeframe;

    [[Page 134 STAT. 367]]

                        ``(C) is developed in and authorized by a State that
                    has notified the Secretary of Health and Human Services
                    of its intention to review tests intended to diagnose
                    COVID-19; or
                        ``(D) other test that the Secretary determines
                    appropriate in guidance.''.
    SEC. 3202. <<NOTE: 42 USC 256b note.>>  PRICING OF DIAGNOSTIC
                              TESTING.

        (a) Reimbursement Rates.--A group health plan or a health insurance
    issuer providing coverage of items and services described in section
    6001(a) of division F of the Families First Coronavirus Response Act
    (Public Law 116-127) with respect to an enrollee shall reimburse the
    provider of the diagnostic testing as follows:
                (1) <<NOTE: Applicability.>>  If the health plan or issuer
            has a negotiated rate with such provider in effect before the
            public health emergency declared under section 319 of the Public
            Health Service Act (42 U.S.C. 247d), such negotiated rate shall
            apply throughout the period of such declaration.
                (2) <<NOTE: Reimbursement. Public information. Web
            posting.>>  If the health plan or issuer does not have a
            negotiated rate with such provider, such plan or issuer shall
            reimburse the provider in an amount that equals the cash price
            for such service as listed by the provider on a public internet
            website, or such plan or issuer may negotiate a rate with such
            provider for less than such cash price.

        (b) Requirement to Publicize Cash Price for Diagnostic Testing for
    COVID-19.--
                (1) <<NOTE: Web posting.>>  In general.--During the
            emergency period declared under section 319 of the Public Health
            Service Act (42 U.S.C. 247d), each provider of a diagnostic test
            for COVID-19 shall make public the cash price for such test on a
            public internet website of such provider.
                (2) <<NOTE: Compliance.>>  Civil monetary penalties.--The
            Secretary of Health and Human Services may impose a civil
            monetary penalty on any provider of a diagnostic test for COVID-
            19 that is not in compliance with paragraph (1) and has not
            completed a corrective action plan to comply with the
            requirements of such paragraph, in an amount not to exceed $300
            per day that the violation is ongoing.
    SEC. 3203. <<NOTE: 42 USC 300gg-13 note.>>  RAPID COVERAGE OF
                              PREVENTIVE SERVICES AND VACCINES FOR
                              CORONAVIRUS.

        (a) <<NOTE: Regulations.>>  In General.--Notwithstanding 2713(b) of
    the Public Health Service Act (42 U.S.C. 300gg-13), the Secretary of
    Health and Human Services, the Secretary of Labor, and the Secretary of
    the Treasury shall require group health plans and health insurance
    issuers offering group or individual health insurance to cover (without
    cost-sharing) any qualifying coronavirus preventive service, pursuant to
    section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a))
    (including the regulations under sections 2590.715-2713 of title 29,
    Code of Federal Regulations, section 54.9815-2713 of title 26, Code of
    Federal Regulations, and section 147.130 of title 45, Code of Federal
    Regulations (or any successor regulations)). <<NOTE: Effective date.>>
    The requirement described in this subsection shall take effect with
    respect to a qualifying coronavirus preventive service on the specified
    date described in subsection (b)(2).

        (b) Definitions.--For purposes of this section:
                (1) Qualifying coronavirus preventive service.--The term
            ``qualifying coronavirus preventive service'' means an item,

    [[Page 134 STAT. 368]]

            service, or immunization that is intended to prevent or mitigate
            coronavirus disease 2019 and that is--
                        (A) an evidence-based item or service that has in
                    effect a rating of ``A'' or ``B'' in the current
                    recommendations of the United States Preventive Services
                    Task Force; or
                        (B) an immunization that has in effect a
                    recommendation from the Advisory Committee on
                    Immunization Practices of the Centers for Disease
                    Control and Prevention with respect to the individual
                    involved.
                (2) <<NOTE: Time period. Recommenda- tion.>>  Specified
            date.--The term ``specified date'' means the date that is 15
            business days after the date on which a recommendation is made
            relating to the qualifying coronavirus preventive service as
            described in such paragraph.
                (3) Additional terms.--In this section, the terms ``group
            health plan'', ``health insurance issuer'', ``group health
            insurance coverage'', and ``individual health insurance
            coverage'' have the meanings given such terms in section 2791 of
            the Public Health Service Act (42 U.S.C. 300gg-91), section 733
            of the Employee Retirement Income Security Act of 1974 (29
            U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as
            applicable.

                  Subpart B--Support for Health Care Providers

    SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.

        (a) Supplemental Awards.--Section 330(r) of the Public Health
    Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the
    following:
                ``(6) Additional amounts for supplemental awards.--In
            addition to any amounts made available pursuant to this
            subsection, section 402A of this Act, or section 10503 of the
            Patient Protection and Affordable Care Act, there is authorized
            to be appropriated, and there is appropriated, out of any monies
            in the Treasury not otherwise appropriated, $1,320,000,000 for
            fiscal year 2020 for supplemental awards under subsection (d)
            for the detection of SARS-CoV-2 or the prevention, diagnosis,
            and treatment of COVID-19.''.

        (b) Application of Provisions.--Amounts appropriated pursuant to the
    amendment made by subsection (a) for fiscal year 2020 shall be subject
    to the requirements contained in Public Law 116-94 for funds for
    programs authorized under sections 330 through 340 of the Public Health
    Service Act (42 U.S.C. 254 through 256).
    SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS
                              GRANT PROGRAMS.

        Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is
    amended--
                (1) in subsection (d)--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``projects to demonstrate how
                          telehealth technologies can be used through
                          telehealth networks'' and inserting ``evidence-
                          based projects that utilize telehealth
                          technologies through telehealth networks'';
                              (ii) in subparagraph (A)--
                                        (I) by striking ``the quality of''
                                    and inserting ``access to, and the
                                    quality of,''; and
                                        (II) by inserting ``and'' after the
                                    semicolon;

    [[Page 134 STAT. 369]]

                              (iii) by striking subparagraph (B);
                              (iv) by redesignating subparagraph (C) as
                          subparagraph (B); and
                              (v) in subparagraph (B), as so redesignated,
                          by striking ``and patients and their families, for
                          decisionmaking'' and inserting ``, patients, and
                          their families''; and
                        (B) in paragraph (2)--
                              (i) by striking ``demonstrate how telehealth
                          technologies can be used'' and inserting ``support
                          initiatives that utilize telehealth
                          technologies''; and
                              (ii) by striking ``, to establish telehealth
                          resource centers'';
                (2) in subsection (e), by striking ``4 years'' and inserting
            ``5 years'';
                (3) in subsection (f)--
                        (A) by striking paragraph (2);
                        (B) in paragraph (1)(B)--
                              (i) by redesignating clauses (i) through (iii)
                          as paragraphs (1) through (3), respectively, and
                          adjusting the margins accordingly;
                              (ii) in paragraph (3), as so redesignated by
                          clause (i), by redesignating subclauses (I)
                          through (XII) as subparagraphs (A) through (L),
                          respectively, and adjusting the margins
                          accordingly; and
                              (iii) by striking ``(1) Telehealth network
                          grants--'' and all that follows through ``(B)
                          Telehealth networks--''; and
                        (C) in paragraph (3)(I), as so redesignated, by
                    inserting ``and substance use disorder'' after ``mental
                    health'' each place such term appears;
                (4) in subsection (g)(2), by striking ``or improve'' and
            inserting ``and improve'';
                (5) by striking subsection (h);
                (6) by redesignating subsections (i) through (p) as
            subsection (h) through (o), respectively;
                (7) in subsection (h), as so redesignated--
                        (A) in paragraph (1)--
                              (i) in subparagraph (B), by striking ``mental
                          health, public health, long-term care, home care,
                          preventive'' and inserting ``mental health care,
                          public health services, long-term care, home care,
                          preventive care'';
                              (ii) in subparagraph (E), by inserting ``and
                          regional'' after ``local''; and
                              (iii) by striking subparagraph (F); and
                        (B) in paragraph (2)(A), by striking ``medically
                    underserved areas or'' and inserting ``rural areas,
                    medically underserved areas, or'';
                (8) in paragraph (2) of subsection (i), as so redesignated,
            by striking ``ensure that--'' and all that follows through the
            end of subparagraph (B) and inserting ``ensure that not less
            than 50 percent of the funds awarded shall be awarded for
            projects in rural areas.'';
                (9) in subsection (j), as so redesignated--
                        (A) in paragraph (1)(B), by striking ``computer
                    hardware and software, audio and video equipment,
                    computer

    [[Page 134 STAT. 370]]

                    network equipment, interactive equipment, data terminal
                    equipment, and other''; and
                        (B) in paragraph (2)(F), by striking ``health care
                    providers and'';
                (10) in subsection (k), as so redesignated--
                        (A) in paragraph (2), by striking ``40 percent'' and
                    inserting ``20 percent''; and
                        (B) in paragraph (3), by striking ``(such as laying
                    cable or telephone lines, or purchasing or installing
                    microwave towers, satellite dishes, amplifiers, or
                    digital switching equipment)'';
                (11) by striking subsections (q) and (r) and inserting the
            following:

        ``(p) Report.--Not later than 4 years after the date of enactment of
    the Coronavirus Aid, Relief, and Economic Security Act, and every 5
    years thereafter, the Secretary shall prepare and submit to the
    Committee on Health, Education, Labor, and Pensions of the Senate and
    the Committee on Energy and Commerce of the House of Representatives a
    report on the activities and outcomes of the grant programs under
    subsection (b).'';
                (12) by redesignating subsection (s) as subsection (q); and
                (13) in subsection (q), as so redesignated, by striking
            ``this section--'' and all that follows through the end of
            paragraph (2) and inserting ``this section $29,000,000 for each
            of fiscal years 2021 through 2025.''.
    SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH
                              NETWORK DEVELOPMENT, AND SMALL HEALTH
                              CARE PROVIDER QUALITY IMPROVEMENT GRANT
                              PROGRAMS.

        Section 330A of the Public Health Service Act (42 U.S.C. 254c) is
    amended--
                (1) in subsection (d)(2)--
                        (A) in subparagraph (A), by striking ``essential''
                    and inserting ``basic''; and
                        (B) in subparagraph (B)--
                              (i) in the matter preceding clause (i), by
                          inserting ``to'' after ``grants''; and
                              (ii) in clauses (i), (ii), and (iii), by
                          striking ``to'' each place such term appears;
                (2) in subsection (e)--
                        (A) in paragraph (1)--
                              (i) by inserting ``improving and'' after
                          ``outreach by'';
                              (ii) by inserting ``, through community
                          engagement and evidence-based or innovative,
                          evidence-informed models'' before the period of
                          the first sentence; and
                              (iii) by striking ``3 years'' and inserting
                          ``5 years'';
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``shall'' after ``entity'';
                              (ii) in subparagraph (A), by striking ``shall
                          be a rural public or rural nonprofit private
                          entity'' and inserting ``be an entity with
                          demonstrated experience serving, or the capacity
                          to serve, rural underserved populations'';

    [[Page 134 STAT. 371]]

                              (iii) in subparagraphs (B) and (C), by
                          striking ``shall'' each place such term appears;
                          and
                              (iv) in subparagraph (B)--
                                        (I) in the matter preceding clause
                                    (i), by inserting ``that'' after
                                    ``members''; and
                                        (II) in clauses (i) and (ii), by
                                    striking ``that'' each place such term
                                    appears; and
                        (C) in paragraph (3)(C), by striking ``the local
                    community or region'' and inserting ``the rural
                    underserved populations in the local community or
                    region'';
                (3) in subsection (f)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``promote, through
                                    planning and implementation, the
                                    development of integrated health care
                                    networks that have combined the
                                    functions of the entities participating
                                    in the networks'' and inserting ``plan,
                                    develop, and implement integrated health
                                    care networks that collaborate''; and
                                        (II) in clause (ii), by striking
                                    ``essential health care services'' and
                                    inserting ``basic health care services
                                    and associated health outcomes''; and
                              (ii) by amending subparagraph (B) to read as
                          follows:
                        ``(B) Grant periods.--The Director may award grants
                    under this subsection for periods of not more than 5
                    years.'';
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``shall'' after ``entity'';
                              (ii) in subparagraph (A), by striking ``shall
                          be a rural public or rural nonprofit private
                          entity'' and inserting ``be an entity with
                          demonstrated experience serving, or the capacity
                          to serve, rural underserved populations'';
                              (iii) in subparagraph (B)--
                                        (I) in the matter preceding clause
                                    (i)--
                                                (aa) by striking ``shall'';
                                            and
                                                (bb) by inserting ``that''
                                            after ``participants''; and
                                        (II) in clauses (i) and (ii), by
                                    striking ``that'' each place such term
                                    appears; and
                              (iv) in subparagraph (C), by striking
                          ``shall''; and
                        (C) in paragraph (3)--
                              (i) by amending clause (iii) of subparagraph
                          (C) to read as follows:
                              ``(iii) how the rural underserved populations
                          in the local community or region to be served will
                          benefit from and be involved in the development
                          and ongoing operations of the network;''; and
                              (ii) in subparagraph (D), by striking ``the
                          local community or region'' and inserting ``the
                          rural underserved populations in the local
                          community or region'';
                (4) in subsection (g)--
                        (A) in paragraph (1)--

    [[Page 134 STAT. 372]]

                              (i) by inserting ``, including activities
                          related to increasing care coordination, enhancing
                          chronic disease management, and improving patient
                          health outcomes'' before the period of the first
                          sentence; and
                              (ii) by striking ``3 years'' and inserting ``5
                          years'';
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``shall'' after ``entity'';
                              (ii) in subparagraphs (A) and (B), by striking
                          ``shall'' each place such term appears; and
                              (iii) in subparagraph (A)(ii), by inserting
                          ``or regional'' after ``local''; and
                        (C) in paragraph (3)(D), by striking ``the local
                    community or region'' and inserting ``the rural
                    underserved populations in the local community or
                    region'';
                (5) in subsection (h)(3), in the matter preceding
            subparagraph (A), by inserting ``, as appropriate,'' after ``the
            Secretary'';
                (6) by amending subsection (i) to read as follows:

        ``(i) Report.--Not later than 4 years after the date of enactment of
    the Coronavirus Aid, Relief, and Economic Security Act, and every 5
    years thereafter, the Secretary shall prepare and submit to the
    Committee on Health, Education, Labor, and Pensions of the Senate and
    the Committee on Energy and Commerce of the House of Representatives a
    report on the activities and outcomes of the grant programs under
    subsections (e), (f), and (g), including the impact of projects funded
    under such programs on the health status of rural residents with chronic
    conditions.''; and
                (7) in subsection (j), by striking ``$45,000,000 for each of
            fiscal years 2008 through 2012'' and inserting ``$79,500,000 for
            each of fiscal years 2021 through 2025''.
    SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.

        (a) Commissioned Corps and Ready Reserve Corps.--Section 203 of the
    Public Health Service Act (42 U.S.C. 204) is amended--
                (1) in subsection (a)(1), by striking ``a Ready Reserve
            Corps for service in time of national emergency'' and inserting
            ``, for service in time of a public health or national
            emergency, a Ready Reserve Corps''; and
                (2) in subsection (c)--
                        (A) in the heading, by striking ``Research'' and
                    inserting ``Reserve Corps'';
                        (B) in paragraph (1), by inserting ``during public
                    health or national emergencies'' before the period;
                        (C) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``, consistent with paragraph (1)''
                          after ``shall'';
                              (ii) in subparagraph (C), by inserting
                          ``during such emergencies'' after ``members''; and
                              (iii) in subparagraph (D), by inserting ``,
                          consistent with subparagraph (C)'' before the
                          period; and
                        (D) by adding at the end the following:
                ``(3) Statutory references to reserve.--A reference in any
            Federal statute, except in the case of subsection (b), to the
            `Reserve Corps' of the Public Health Service or to the `reserve'
            of the Public Health Service shall be deemed to be a reference
            to the Ready Reserve Corps.''.

    [[Page 134 STAT. 373]]

        (b) Deployment Readiness.--Section 203A(a)(1)(B) of the Public
    Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking
    ``Active Reserves'' and inserting ``Ready Reserve Corps''.
        (c) Retirement of Commissioned Officers.--Section 211 of the Public
    Health Service Act (42 U.S.C. 212) is amended--
                (1) by striking ``the Service'' each place it appears and
            inserting ``the Regular Corps'';
                (2) in subsection (a)(4), by striking ``(in the case of an
            officer in the Reserve Corps)'';
                (3) in subsection (c)--
                        (A) in paragraph (1)--
                              (i) by striking ``or an officer of the Reserve
                          Corps''; and
                              (ii) by inserting ``or under section
                          221(a)(19)'' after ``subsection (a)''; and
                        (B) in paragraph (2), by striking ``Regular or
                    Reserve Corps'' and inserting ``Regular Corps or Ready
                    Reserve Corps''; and
                (4) in subsection (f), by striking ``the Regular or Reserve
            Corps of''.

        (d) Rights, Privileges, etc. of Officers and Surviving
    Beneficiaries.--Section 221 of the Public Health Service Act (42 U.S.C.
    213a) is amended--
                (1) in subsection (a), by adding at the end the following:
                ``(19) Chapter 1223, Retired Pay for Non-Regular Service.
                ``(20) Section 12601, Compensation: Reserve on active duty
            accepting from any person.
                ``(21) Section 12684, Reserves: separation for absence
            without authority or sentence to imprisonment.''; and
                (2) in subsection (b)--
                        (A) by striking ``Secretary of Health, Education,
                    and Welfare or his designee'' and inserting ``Secretary
                    of Health and Human Services or the designee of such
                    secretary'';
                        (B) by striking ``(b) The authority vested'' and
                    inserting the following:

        ``(b)(1) The authority vested'';
                        (C) by striking ``For purposes of'' and inserting
                    the following:

        ``(2) For purposes of''; and
                        (D) by adding at the end the following:

        ``(3) <<NOTE: Definitions.>>  For purposes of paragraph (19) of
    subsection (a), the terms `Military department', `Secretary concerned',
    and `Armed forces' in such title 10 shall be deemed to include,
    respectively, the Department of Health and Human Services, the Secretary
    of Health and Human Services, and the Commissioned Corps.''.

        (e) Technical Amendments.--Title II of the Public Health Service Act
    (42 U.S.C. 202 et seq.) is amended--
                (1) <<NOTE: 42 USC 205, 209.>>  in sections 204 and 207(c),
            by striking ``Regular or Reserve Corps'' each place it appears
            and inserting ``Regular Corps or Ready Reserve Corps'';
                (2) <<NOTE: 42 USC 210.>>  in section 208(a), by striking
            ``Regular and Reserve Corps'' each place it appears and
            inserting ``Regular Corps and Ready Reserve Corps''; and
                (3) <<NOTE: 42 USC 206, 207, 211, 210-1, 209.>>  in section
            205(c), 206(c), 210, and 219, and in subsections (a), (b), and
            (d) of section 207, by striking ``Reserve Corps'' each place it
            appears and inserting ``Ready Reserve Corps''.

    [[Page 134 STAT. 374]]

    SEC. 3215. <<NOTE: 42 USC 234 note.>>  LIMITATION ON LIABILITY FOR
                              VOLUNTEER HEALTH CARE PROFESSIONALS
                              DURING COVID-19 EMERGENCY RESPONSE.

        (a) Limitation on Liability.--Except as provided in subsection (b),
    a health care professional shall not be liable under Federal or State
    law for any harm caused by an act or omission of the professional in the
    provision of health care services during the public health emergency
    with respect to COVID-19 declared by the Secretary of Health and Human
    Services (referred to in this section as the ``Secretary'') under
    section 319 of the Public Health Service Act (42 U.S.C. 247d) on January
    31, 2020, if--
                (1) the professional is providing health care services in
            response to such public health emergency, as a volunteer; and
                (2) the act or omission occurs--
                        (A) in the course of providing health care services;
                        (B) in the health care professional's capacity as a
                    volunteer;
                        (C) in the course of providing health care services
                    that--
                              (i) are within the scope of the license,
                          registration, or certification of the volunteer,
                          as defined by the State of licensure,
                          registration, or certification; and
                              (ii) do not exceed the scope of license,
                          registration, or certification of a substantially
                          similar health professional in the State in which
                          such act or omission occurs; and
                        (D) in a good faith belief that the individual being
                    treated is in need of health care services.

        (b) Exceptions.--Subsection (a) does not apply if--
                (1) the harm was caused by an act or omission constituting
            willful or criminal misconduct, gross negligence, reckless
            misconduct, or a conscious flagrant indifference to the rights
            or safety of the individual harmed by the health care
            professional; or
                (2) the health care professional rendered the health care
            services under the influence (as determined pursuant to
            applicable State law) of alcohol or an intoxicating drug.

        (c) Preemption.--
                (1) In general.--This section preempts the laws of a State
            or any political subdivision of a State to the extent that such
            laws are inconsistent with this section, unless such laws
            provide greater protection from liability.
                (2) Volunteer protection act.--Protections afforded by this
            section are in addition to those provided by the Volunteer
            Protection Act of 1997 (Public Law 105-19).

        (d) Definitions.--In this section--
                (1) the term ``harm'' includes physical, nonphysical,
            economic, and noneconomic losses;
                (2) the term ``health care professional'' means an
            individual who is licensed, registered, or certified under
            Federal or State law to provide health care services;
                (3) the term ``health care services'' means any services
            provided by a health care professional, or by any individual
            working under the supervision of a health care professional that
            relate to--
                        (A) the diagnosis, prevention, or treatment of
                    COVID-19; or

    [[Page 134 STAT. 375]]

                        (B) the assessment or care of the health of a human
                    being related to an actual or suspected case of COVID-
                    19; and
                (4) the term ``volunteer'' means a health care professional
            who, with respect to the health care services rendered, does not
            receive compensation or any other thing of value in lieu of
            compensation, which compensation--
                        (A) includes a payment under any insurance policy or
                    health plan, or under any Federal or State health
                    benefits program; and
                        (B) excludes--
                              (i) receipt of items to be used exclusively
                          for rendering health care services in the health
                          care professional's capacity as a volunteer
                          described in subsection (a)(1); and
                              (ii) any reimbursement for travel to the site
                          where the volunteer services are rendered and any
                          payments in cash or kind to cover room and board,
                          if services are being rendered more than 75 miles
                          from the volunteer's principal place of residence.

        (e) <<NOTE: Applicability.>>  Effective Date.--This section shall
    take effect upon the date of enactment of this Act, and applies to a
    claim for harm only if the act or omission that caused such harm
    occurred on or after the date of enactment.

        (f) Sunset.--This section shall be in effect only for the length of
    the public health emergency declared by the Secretary of Health and
    Human Services (referred to in this section as the ``Secretary'') under
    section 319 of the Public Health Service Act (42 U.S.C. 247d) on January
    31, 2020 with respect to COVID-19.
    SEC. 3216. <<NOTE: 42 USC 254f note.>>  FLEXIBILITY FOR MEMBERS OF
                              NATIONAL HEALTH SERVICE CORPS DURING
                              EMERGENCY PERIOD.

        During the public health emergency declared by the Secretary of
    Health and Human Services under section 319 of the Public Health Service
    Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, the
    Secretary may, notwithstanding section 333 of the Public Health Service
    Act (42 U.S.C. 254f), assign members of the National Health Service
    Corps, with the voluntary agreement of such corps members, to provide
    such health services at such places, and for such number of hours, as
    the Secretary determines necessary to respond to such emergency,
    provided that such places are within a reasonable distance of the site
    to which such members were originally assigned, and the total number of
    hours required are the same as were required of such members prior to
    the date of enactment of this Act.

                       Subpart C--Miscellaneous Provisions

    SEC. 3221. <<NOTE: 42 USC 290dd-2 note.>>  CONFIDENTIALITY AND
                              DISCLOSURE OF RECORDS RELATING TO
                              SUBSTANCE USE DISORDER.

        (a) Conforming Changes Relating to Substance Use Disorder.--
    Subsections (a) and (h) of section 543 of the Public Health Service Act
    (42 U.S.C. 290dd-2) are each amended by striking ``substance abuse'' and
    inserting ``substance use disorder''.
        (b) Disclosures to Covered Entities Consistent With HIPAA.--
    Paragraph (1) of section 543(b) of the Public Health Service Act (42
    U.S.C. 290dd-2(b)) is amended to read as follows:

    [[Page 134 STAT. 376]]

                ``(1) <<NOTE: Applicability.>>  Consent.--The following
            shall apply with respect to the contents of any record referred
            to in subsection (a):
                        ``(A) Such contents may be used or disclosed in
                    accordance with the prior written consent of the patient
                    with respect to whom such record is maintained.
                        ``(B) Once prior written consent of the patient has
                    been obtained, such contents may be used or disclosed by
                    a covered entity, business associate, or a program
                    subject to this section for purposes of treatment,
                    payment, and health care operations as permitted by the
                    HIPAA regulations. Any information so disclosed may then
                    be redisclosed in accordance with the HIPAA regulations.
                    Section 13405(c) of the Health Information Technology
                    and Clinical Health Act (42 U.S.C. 17935(c)) shall apply
                    to all disclosures pursuant to subsection (b)(1) of this
                    section.
                        ``(C) It shall be permissible for a patient's prior
                    written consent to be given once for all such future
                    uses or disclosures for purposes of treatment, payment,
                    and health care operations, until such time as the
                    patient revokes such consent in writing.
                        ``(D) Section 13405(a) of the Health Information
                    Technology and Clinical Health Act (42 U.S.C. 17935(a))
                    shall apply to all disclosures pursuant to subsection
                    (b)(1) of this section.''.

        (c) Disclosures of De-Identified Health Information to Public Health
    Authorities.--Paragraph (2) of section 543(b) of the Public Health
    Service Act (42 U.S.C. 290dd-2(b)), is amended by adding at the end the
    following:
                        ``(D) To a public health authority, so long as such
                    content meets the standards established in section
                    164.514(b) of title 45, Code of Federal Regulations (or
                    successor regulations) for creating de-identified
                    information.''.

        (d) Definitions.--Section 543 of the Public Health Service Act (42
    U.S.C. 290dd-2) is amended by adding at the end the following:
        ``(k) Definitions.--For purposes of this section:
                ``(1) Breach.--The term `breach' has the meaning given such
            term for purposes of the HIPAA regulations.
                ``(2) Business associate.--The term `business associate' has
            the meaning given such term for purposes of the HIPAA
            regulations.
                ``(3) Covered entity.--The term `covered entity' has the
            meaning given such term for purposes of the HIPAA regulations.
                ``(4) Health care operations.--The term `health care
            operations' has the meaning given such term for purposes of the
            HIPAA regulations.
                ``(5) HIPAA regulations.--The term `HIPAA regulations' has
            the meaning given such term for purposes of parts 160 and 164 of
            title 45, Code of Federal Regulations.
                ``(6) Payment.--The term `payment' has the meaning given
            such term for purposes of the HIPAA regulations.
                ``(7) Public health authority.--The term `public health
            authority' has the meaning given such term for purposes of the
            HIPAA regulations.
                ``(8) Treatment.--The term `treatment' has the meaning given
            such term for purposes of the HIPAA regulations.

    [[Page 134 STAT. 377]]

                ``(9) Unsecured protected health information.--The term
            `unprotected health information' has the meaning given such term
            for purposes of the HIPAA regulations.''.

        (e) Use of Records in Criminal, Civil, or Administrative
    Investigations, Actions, or Proceedings.--Subsection (c) of section 543
    of the Public Health Service Act (42 U.S.C. 290dd-2(c)) is amended to
    read as follows:
        ``(c) Use of Records in Criminal, Civil, or Administrative
    Contexts.--Except as otherwise authorized by a court order under
    subsection (b)(2)(C) or by the consent of the patient, a record referred
    to in subsection (a), or testimony relaying the information contained
    therein, may not be disclosed or used in any civil, criminal,
    administrative, or legislative proceedings conducted by any Federal,
    State, or local authority, against a patient, including with respect to
    the following activities:
                ``(1) Such record or testimony shall not be entered into
            evidence in any criminal prosecution or civil action before a
            Federal or State court.
                ``(2) Such record or testimony shall not form part of the
            record for decision or otherwise be taken into account in any
            proceeding before a Federal, State, or local agency.
                ``(3) Such record or testimony shall not be used by any
            Federal, State, or local agency for a law enforcement purpose or
            to conduct any law enforcement investigation.
                ``(4) Such record or testimony shall not be used in any
            application for a warrant.''.

        (f) Penalties.--Subsection (f) of section 543 of the Public Health
    Service Act (42 U.S.C. 290dd-2) is amended to read as follows:
        ``(f) <<NOTE: Applicability.>>  Penalties.--The provisions of
    sections 1176 and 1177 of the Social Security Act shall apply to a
    violation of this section to the extent and in the same manner as such
    provisions apply to a violation of part C of title XI of such Act. In
    applying the previous sentence--
                ``(1) the reference to `this subsection' in subsection
            (a)(2) of such section 1176 shall be treated as a reference to
            `this subsection (including as applied pursuant to section
            543(f) of the Public Health Service Act)'; and
                ``(2) in subsection (b) of such section 1176--
                        ``(A) each reference to `a penalty imposed under
                    subsection (a)' shall be treated as a reference to `a
                    penalty imposed under subsection (a) (including as
                    applied pursuant to section 543(f) of the Public Health
                    Service Act)'; and
                        ``(B) each reference to `no damages obtained under
                    subsection (d)' shall be treated as a reference to `no
                    damages obtained under subsection (d) (including as
                    applied pursuant to section 543(f) of the Public Health
                    Service Act)'.''.

        (g) Antidiscrimination.--Section 543 of the Public Health Service
    Act (42 U.S.C. 290dd-2) is amended by inserting after subsection (h) the
    following:
        ``(i) Antidiscrimination.--
                ``(1) In general.--No entity shall discriminate against an
            individual on the basis of information received by such entity
            pursuant to an inadvertent or intentional disclosure of records,

    [[Page 134 STAT. 378]]

            or information contained in records, described in subsection (a)
            in--
                        ``(A) admission, access to, or treatment for health
                    care;
                        ``(B) hiring, firing, or terms of employment, or
                    receipt of worker's compensation;
                        ``(C) the sale, rental, or continued rental of
                    housing;
                        ``(D) access to Federal, State, or local courts; or
                        ``(E) access to, approval of, or maintenance of
                    social services and benefits provided or funded by
                    Federal, State, or local governments.
                ``(2) Recipients of federal funds.--No recipient of Federal
            funds shall discriminate against an individual on the basis of
            information received by such recipient pursuant to an
            intentional or inadvertent disclosure of such records or
            information contained in records described in subsection (a) in
            affording access to the services provided with such funds.''.

        (h) Notification in Case of Breach.--Section 543 of the Public
    Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g), is
    further amended by inserting after subsection (i) the following:
        ``(j) <<NOTE: Applicability.>>  Notification in Case of Breach.--The
    provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall
    apply to a program or activity described in subsection (a), in case of a
    breach of records described in subsection (a), to the same extent and in
    the same manner as such provisions apply to a covered entity in the case
    of a breach of unsecured protected health information.''.

        (i) <<NOTE: Consultation. 42 USC 290dd-2 note.>>  Regulations.--
                (1) <<NOTE: Applicability. Time period.>>  In general.--The
            Secretary of Health and Human Services, in consultation with
            appropriate Federal agencies, shall make such revisions to
            regulations as may be necessary for implementing and enforcing
            the amendments made by this section, such that such amendments
            shall apply with respect to uses and disclosures of information
            occurring on or after the date that is 12 months after the date
            of enactment of this Act.
                (2) <<NOTE: Deadline. Update.>>  Easily understandable
            notice of privacy practices.--Not later than 1 year after the
            date of enactment of this Act, the Secretary of Health and Human
            Services, in consultation with appropriate legal, clinical,
            privacy, and civil rights experts, shall update section 164.520
            of title 45, Code of Federal Regulations, so that covered
            entities and entities creating or maintaining the records
            described in subsection (a) provide notice, written in plain
            language, of privacy practices regarding patient records
            referred to in section 543(a) of the Public Health Service Act
            (42 U.S.C. 290dd-2(a)), including--
                        (A) a statement of the patient's rights, including
                    self-pay patients, with respect to protected health
                    information and a brief description of how the
                    individual may exercise these rights (as required by
                    subsection (b)(1)(iv) of such section 164.520); and
                        (B) a description of each purpose for which the
                    covered entity is permitted or required to use or
                    disclose protected health information without the
                    patient's written authorization (as required by
                    subsection (b)(2) of such section 164.520).

    [[Page 134 STAT. 379]]

        (j) <<NOTE: 42 USC 290dd-2 note.>>  Rules of Construction.--Nothing
    in this Act or the amendments made by this Act shall be construed to
    limit--
                (1) a patient's right, as described in section 164.522 of
            title 45, Code of Federal Regulations, or any successor
            regulation, to request a restriction on the use or disclosure of
            a record referred to in section 543(a) of the Public Health
            Service Act (42 U.S.C. 290dd-2(a)) for purposes of treatment,
            payment, or health care operations; or
                (2) a covered entity's choice, as described in section
            164.506 of title 45, Code of Federal Regulations, or any
            successor regulation, to obtain the consent of the individual to
            use or disclose a record referred to in such section 543(a) to
            carry out treatment, payment, or health care operation.

        (k) Sense of Congress.--It is the sense of the Congress that--
                (1) any person treating a patient through a program or
            activity with respect to which the confidentiality requirements
            of section 543 of the Public Health Service Act (42 U.S.C.
            290dd-2) apply is encouraged to access the applicable State-
            based prescription drug monitoring program when clinically
            appropriate;
                (2) patients have the right to request a restriction on the
            use or disclosure of a record referred to in section 543(a) of
            the Public Health Service Act (42 U.S.C. 290dd-2(a)) for
            treatment, payment, or health care operations;
                (3) covered entities should make every reasonable effort to
            the extent feasible to comply with a patient's request for a
            restriction regarding such use or disclosure;
                (4) for purposes of applying section 164.501 of title 45,
            Code of Federal Regulations, the definition of health care
            operations shall have the meaning given such term in such
            section, except that clause (v) of paragraph (6) shall not
            apply; and
                (5) programs creating records referred to in section 543(a)
            of the Public Health Service Act (42 U.S.C. 290dd-2(a)) should
            receive positive incentives for discussing with their patients
            the benefits to consenting to share such records.
    SEC. 3222. <<NOTE: 42 USC 3030e note.>>  NUTRITION SERVICES.

        (a) Definitions.--In this section, the terms ``Assistant
    Secretary'', ``Secretary'', ``State agency'', and ``area agency on
    aging'' have the meanings given the terms in section 102 of the Older
    Americans Act of 1965 (42 U.S.C. 3002).
        (b) Nutrition Services Transfer Criteria.--During any portion of the
    COVID-19 public health emergency declared under section 319 of the
    Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a
    State agency or an area agency on aging, without prior approval, to
    transfer not more than 100 percent of the funds received by the State
    agency or area agency on aging, respectively, and attributable to funds
    appropriated under paragraph (1) or (2) of section 303(b) of the Older
    Americans Act of 1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart
    2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the State agency
    or area agency on aging, respectively, considers appropriate to meet the
    needs of the State or area served.
        (c) Home-delivered Nutrition Services Waiver.--For purposes of State
    agencies' determining the delivery of nutrition services under section
    337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the
    period of the COVID-19 public health

    [[Page 134 STAT. 380]]

    emergency declared under section 319 of the Public Health Service Act
    (42 U.S.C. 247d), the same meaning shall be given to an individual who
    is unable to obtain nutrition because the individual is practicing
    social distancing due to the emergency as is given to an individual who
    is homebound by reason of illness.
        (d) Dietary Guidelines Waiver.--To facilitate implementation of
    subparts 1 and 2 of part C of title III of the Older Americans Act of
    1965 (42 U.S.C. 3030d-2 et seq.) during any portion of the COVID-19
    public health emergency declared under section 319 of the Public Health
    Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the
    requirements for meals provided under those subparts to comply with the
    requirements of clauses (i) and (ii) of section 339(2)(A) of such Act
    (42 U.S.C. 3030g-21(2)(A)).
    SEC. 3223. <<NOTE: Determinations. 42 USC 3056 note.>>  CONTINUITY
                              OF SERVICE AND OPPORTUNITIES FOR
                              PARTICIPANTS IN COMMUNITY SERVICE
                              ACTIVITIES UNDER TITLE V OF THE OLDER
                              AMERICANS ACT OF 1965.

         To ensure continuity of service and opportunities for participants
    in community service activities under title V of the Older Americans Act
    of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor--
                (1)(A) may allow individuals participating in projects under
            such title as of March 1, 2020, to extend their participation
            for a period that exceeds the period described in section
            518(a)(3)(B)(i) of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the
            Secretary determines such extension is appropriate due to the
            effects of the COVID-19 public health emergency declared under
            section 319 of the Public Health Service Act (42 U.S.C. 247d);
            and
                (B) may increase the average participation cap for eligible
            individuals applicable to grantees as described in section
            502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C.
            3056(b)(1)(C)) to a cap the Secretary determines is appropriate
            due to the effects of the COVID-19 public health emergency
            declared under section 319 of the Public Health Service Act (42
            U.S.C. 247d); and
                (2) may increase the amount available to pay the authorized
            administrative costs for a project, described in section
            502(c)(3) of the Older Americans Act of 1965 (42 U.S.C.
            3056(c)(3)) to an amount not to exceed 20 percent of the grant
            amount if the Secretary determines that such increase is
            necessary to adequately respond to the additional administrative
            needs to respond to the COVID-19 public health emergency
            declared under section 319 of the Public Health Service Act (42
            U.S.C. 247d).
    SEC. 3224. <<NOTE: 42 USC 1320d-2 note. Deadline.>>  GUIDANCE ON
                              PROTECTED HEALTH INFORMATION.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary of Health and Human Services shall issue guidance on the
    sharing of patients' protected health information pursuant to section
    160.103 of title 45, Code of Federal Regulations (or any successor
    regulations) during the public health emergency declared by the
    Secretary of Health and Human Services under section 319 of the Public
    Health Service Act (42 U.S.C. 247d) with respect to COVID-19, during the
    emergency involving Federal primary responsibility determined to exist
    by the President under section 501(b) of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to
    COVID-

    [[Page 134 STAT. 381]]

    19, and during the national emergency declared by the President under
    the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to
    COVID-19. Such guidance shall include information on compliance with the
    regulations promulgated pursuant to section 264(c) of the Health
    Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
    note) and applicable policies, including such policies that may come
    into effect during such emergencies.
    SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.

        Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``, during fiscal
                    year 2001 and subsequent years,''; and
                        (B) in paragraph (2), by inserting ``or increasing
                    above the national average'' after ``areas with high'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``consumers of
                    project services, public health departments, hospitals,
                    health centers under section 330'' and inserting
                    ``participants and former participants of project
                    services, public health departments, hospitals, health
                    centers under section 330, State substance abuse
                    agencies''; and
                        (B) in paragraph (2)--
                              (i) in subparagraph (A), by striking ``such as
                          low birthweight'' and inserting ``including poor
                          birth outcomes (such as low birthweight and
                          preterm birth) and social determinants of
                          health'';
                              (ii) by redesignating subparagraph (B) as
                          subparagraph (C);
                              (iii) by inserting after subparagraph (A), the
                          following:
                        ``(B) Communities with--
                              ``(i) high rates of infant mortality or poor
                          perinatal outcomes; or
                              ``(ii) high rates of infant mortality or poor
                          perinatal outcomes in specific subpopulations
                          within the community.''; and
                              (iv) in subparagraph (C) (as so
                          redesignated)--
                                        (I) by redesignating clauses (i) and
                                    (ii) as clauses (ii) and (iii),
                                    respectively;
                                        (II) by inserting before clause (ii)
                                    (as so redesignated) the following:
                              ``(i) collaboration with the local community
                          in the development of the project;'';
                                        (III) in clause (ii) (as so
                                    redesignated), by striking ``and'' at
                                    the end;
                                        (IV) in clause (iii) (as so
                                    redesignated), by striking the period
                                    and inserting ``; and''; and
                                        (V) by adding at the end the
                                    following:
                              ``(iv) <<NOTE: Data.>>  the use and collection
                          of data demonstrating the effectiveness of such
                          program in decreasing infant mortality rates and
                          improving perinatal outcomes, as applicable, or
                          the process by which new applicants plan to
                          collect this data.'';
                (3) in subsection (c)--

    [[Page 134 STAT. 382]]

                        (A) by striking ``Recipients of grants'' and
                    inserting the following:
                ``(1) In general.--Recipients of grants''; and
                        (B) by adding at the end the following:
                ``(2) <<NOTE: Coordination.>>  Other programs.--The
            Secretary shall ensure coordination of the program carried out
            pursuant to this section with other programs and activities
            related to the reduction of the rate of infant mortality and
            improved perinatal and infant health outcomes supported by the
            Department.'';
                (4) in subsection (e)--
                        (A) in paragraph (1), by striking ``appropriated--''
                    and all that follows through the end and inserting
                    ``appropriated $125,500,000 for each of fiscal years
                    2021 through 2025.''; and
                        (B) <<NOTE: Evaluations.>>  in paragraph (2)(B), by
                    adding at the end the following: ``Evaluations may also
                    include, to the extent practicable, information related
                    to--
                              ``(i) progress toward achieving any grant
                          metrics or outcomes related to reducing infant
                          mortality rates, improving perinatal outcomes, or
                          reducing the disparity in health status;
                              ``(ii) <<NOTE: Recommenda- tions.>>
                          recommendations on potential improvements that may
                          assist with addressing gaps, as applicable and
                          appropriate; and
                              ``(iii) the extent to which the grantee
                          coordinated with the community in which the
                          grantee is located in the development of the
                          project and delivery of services, including with
                          respect to technical assistance and mentorship
                          programs.''; and
                (5) by adding at the end the following:

        ``(f) GAO Report.--
                ``(1) <<NOTE: Evaluation.>>  In general.--Not later than 4
            years after the date of the enactment of this subsection, the
            Comptroller General of the United States shall conduct an
            independent evaluation, and submit to the appropriate Committees
            of Congress a report, concerning the Healthy Start program under
            this section.
                ``(2) Evaluation.--In conducting the evaluation under
            paragraph (1), the Comptroller General shall consider, as
            applicable and appropriate, information from the evaluations
            under subsection (e)(2)(B).
                ``(3) <<NOTE: Review. Assessments. Recommenda- tions.>>
            Report.--The report described in paragraph (1) shall review,
            assess, and provide recommendations, as appropriate, on the
            following:
                        ``(A) The allocation of Healthy Start program grants
                    by the Health Resources and Services Administration,
                    including considerations made by such Administration
                    regarding disparities in infant mortality or perinatal
                    outcomes among urban and rural areas in making such
                    awards.
                        ``(B) Trends in the progress made toward meeting the
                    evaluation criteria pursuant to subsection (e)(2)(B),
                    including programs which decrease infant mortality rates
                    and improve perinatal outcomes, programs that have not
                    decreased infant mortality rates or improved perinatal
                    outcomes, and programs that have made an impact on
                    disparities in infant mortality or perinatal outcomes.

    [[Page 134 STAT. 383]]

                        ``(C) The ability of grantees to improve health
                    outcomes for project participants, promote the awareness
                    of the Healthy Start program services, incorporate and
                    promote family participation, facilitate coordination
                    with the community in which the grantee is located, and
                    increase grantee accountability through quality
                    improvement, performance monitoring, evaluation, and the
                    effect such metrics may have toward decreasing the rate
                    of infant mortality and improving perinatal outcomes.
                        ``(D) The extent to which such Federal programs are
                    coordinated across agencies and the identification of
                    opportunities for improved coordination in such Federal
                    programs and activities.''.
    SEC. 3226. <<NOTE: 42 USC 247d note.>>  IMPORTANCE OF THE BLOOD
                              SUPPLY.

        (a) In General.--The Secretary of Health and Human Services
    (referred to in this section as the ``Secretary'') shall carry out a
    national campaign to improve awareness of, and support outreach to the
    public and health care providers about the importance and safety of
    blood donation and the need for donations for the blood supply during
    the public health emergency declared by the Secretary under section 319
    of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-
    19.
        (b) <<NOTE: Contracts.>>  Awareness Campaign.--In carrying out
    subsection (a), the Secretary may enter into contracts with one or more
    public or private nonprofit entities, to establish a national blood
    donation awareness campaign that may include television, radio,
    internet, and newspaper public service announcements, and other
    activities to provide for public and professional awareness and
    education.

        (c) Consultation.--In carrying out subsection (a), the Secretary
    shall consult with the Commissioner of Food and Drugs, the Assistant
    Secretary for Health, the Director of the Centers for Disease Control
    and Prevention, the Director of the National Institutes of Health, and
    the heads of other relevant Federal agencies, and relevant accrediting
    bodies and representative organizations.
        (d) Report to Congress.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall submit to the Committee on
    Health, Education, Labor, and Pensions of the Senate and the Committee
    on Energy and Commerce of the House of Representatives, a report that
    shall include--
                (1) a description of the activities carried out under
            subsection (a);
                (2) a description of trends in blood supply donations; and
                (3) <<NOTE: Evaluation.>>  an evaluation of the impact of
            the public awareness campaign, including any geographic or
            population variations.

                              PART III--INNOVATION

    SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH
                              EMERGENCIES.

        Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C.
    247d-7e(c)(5)(A)) is amended--
                (1) by redesignating clause (iii) as clause (iv); and
                (2) by inserting after clause (ii) the following:
                              ``(iii) Authority during a public health
                          emergency.--

    [[Page 134 STAT. 384]]

                                        ``(I) <<NOTE: Procedures.>>  In
                                    general.--Notwithstanding clause (ii),
                                    the Secretary, shall, to the maximum
                                    extent practicable, use competitive
                                    procedures when entering into
                                    transactions to carry out projects under
                                    this subsection for purposes of a public
                                    health emergency declared by the
                                    Secretary under section 319. Any such
                                    transactions entered into during such
                                    public health emergency shall not be
                                    terminated solely due to the expiration
                                    of such public health emergency, if such
                                    public health emergency ends before the
                                    completion of the terms of such
                                    agreement.
                                        ``(II) Report.--After the expiration
                                    of the public health emergency declared
                                    by the Secretary under section 319, the
                                    Secretary shall provide a report to the
                                    Committee on Health, Education, Labor,
                                    and Pensions of the Senate and the
                                    Committee on Energy and Commerce of the
                                    House of Representatives regarding the
                                    use of any funds pursuant to the
                                    authority under subclause (I), including
                                    any outcomes, benefits, and risks
                                    associated with the use of such funds,
                                    and a description of the reasons for the
                                    use of such authority for the project or
                                    projects.''.
    SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.

        Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
    et seq.) is amended by inserting after section 512 the following:
    ``SEC. 512A. <<NOTE: 21 USC 360b-1.>>  PRIORITY ZOONOTIC ANIMAL
                              DRUGS.

        ``(a) In General.--The Secretary shall, at the request of the
    sponsor intending to submit an application for approval of a new animal
    drug under section 512(b)(1) or an application for conditional approval
    of a new animal drug under section 571, expedite the development and
    review of such new animal drug if preliminary clinical evidence
    indicates that the new animal drug, alone or in combination with 1 or
    more other animal drugs, has the potential to prevent or treat a
    zoonotic disease in animals, including a vector borne-disease, that has
    the potential to cause serious adverse health consequences for, or
    serious or life-threatening diseases in, humans.
        ``(b) Request for Designation.--The sponsor of a new animal drug may
    request the Secretary to designate a new animal drug described in
    subsection (a) as a priority zoonotic animal drug. A request for the
    designation may be made concurrently with, or at any time after, the
    opening of an investigational new animal drug file under section 512(j)
    or the filing of an application under section 512(b)(1) or 571.
        ``(c) Designation.--
                ``(1) <<NOTE: Deadline. Determination.>>  In general.--Not
            later than 60 calendar days after the receipt of a request under
            subsection (b), the Secretary shall determine whether the new
            animal drug that is the subject of the request meets the
            criteria described in subsection (a). If the Secretary
            determines that the new animal drug meets the criteria, the
            Secretary shall designate the new animal drug as a priority
            zoonotic animal drug and shall take such actions as are
            appropriate to expedite the development and

    [[Page 134 STAT. 385]]

            review of the application for approval or conditional approval
            of such new animal drug.
                ``(2) Actions.--The actions to expedite the development and
            review of an application under paragraph (1) may include, as
            appropriate--
                        ``(A) taking steps to ensure that the design of
                    clinical trials is as efficient as practicable, when
                    scientifically appropriate, such as by utilizing novel
                    trial designs or drug development tools (including
                    biomarkers) that may reduce the number of animals needed
                    for studies;
                        ``(B) providing timely advice to, and interactive
                    communication with, the sponsor (which may include
                    meetings with the sponsor and review team) regarding the
                    development of the new animal drug to ensure that the
                    development program to gather the nonclinical and
                    clinical data necessary for approval is as efficient as
                    practicable;
                        ``(C) involving senior managers and review staff
                    with experience in zoonotic or vector-borne disease to
                    facilitate collaborative, cross-disciplinary review,
                    including, as appropriate, across agency centers; and
                        ``(D) implementing additional administrative or
                    process enhancements, as necessary, to facilitate an
                    efficient review and development program.''.

                         PART IV--HEALTH CARE WORKFORCE

    SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE
                              PROGRAMS.

        Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
    is amended--
                (1) in section 736 (42 U.S.C. 293), by striking subsection
            (i) and inserting the following:

        ``(i) Authorization of Appropriations.--To carry out this section,
    there is authorized to be appropriated $23,711,000 for each of fiscal
    years 2021 through 2025.'';
                (2) in section 740 (42 U.S.C. 293d)--
                        (A) in subsection (a), by striking ``$51,000,000 for
                    fiscal year 2010, and such sums as may be necessary for
                    each of the fiscal years 2011 through 2014'' and
                    inserting ``$51,470,000 for each of fiscal years 2021
                    through 2025'';
                        (B) in subsection (b), by striking ``$5,000,000 for
                    each of the fiscal years 2010 through 2014'' and
                    inserting ``$1,190,000 for each of fiscal years 2021
                    through 2025'';
                        (C) in subsection (c), by striking ``$60,000,000 for
                    fiscal year 2010 and such sums as may be necessary for
                    each of the fiscal years 2011 through 2014'' and
                    inserting ``$15,000,000 for each of fiscal years 2021
                    through 2025''; and
                        (D) in subsection (d), by striking ``Not Later than
                    6 months after the date of enactment of this part, the
                    Secretary shall prepare and submit to the appropriate
                    committees of Congress'' and inserting: ``Not later than
                    September 30, 2025, and every five years thereafter, the
                    Secretary shall prepare and submit to the Committee on
                    Health, Education, Labor, and Pensions of the Senate,
                    and the Committee on Energy and Commerce of the House of
                    Representatives,'';

    [[Page 134 STAT. 386]]

                (3) in section 747 (42 U.S.C. 293k)--
                        (A) in subsection (a)--
                              (i) in paragraph (1)(G), by striking ``to
                          plan, develop, and operate a demonstration program
                          that provides training'' and inserting: ``to plan,
                          develop, and operate a program that identifies or
                          develops innovative models of providing care, and
                          trains primary care physicians on such models
                          and''; and
                              (ii) by adding at the end the following:
                ``(3) Priorities in making awards.--In awarding grants or
            contracts under paragraph (1), the Secretary may give priority
            to qualified applicants that train residents in rural areas,
            including for Tribes or Tribal Organizations in such areas.'';
                        (B) in subsection (b)(3)(E), by striking
                    ``substance-related disorders'' and inserting
                    ``substance use disorders''; and
                        (C) in subsection (c)(1), by striking ``$125,000,000
                    for fiscal year 2010, and such sums as may be necessary
                    for each of fiscal years 2011 through 2014'' and
                    inserting ``$48,924,000 for each of fiscal years 2021
                    through 2025'';
                (4) in section 748 (42 U.S.C. 293k-2)--
                        (A) in subsection (c)(5), by striking ``substance-
                    related disorders'' and inserting ``substance use
                    disorders''; and
                        (B) in subsection (f), by striking ``$30,000,000 for
                    fiscal year 2010 and such sums as may be necessary for
                    each of fiscal years 2011 through 2015'' and inserting
                    ``$28,531,000 for each of fiscal years 2021 through
                    2025'';
                (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking
            ``Committee on Labor and Human Resources of the Senate, and the
            Committee on Commerce of the House of Representatives'' and
            inserting ``Committee on Health, Education, Labor, and Pensions
            of the Senate, and the Committee on Energy and Commerce of the
            House of Representatives'';
                (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking
            ``$125,000,000 for each of the fiscal years 2010 through 2014''
            and inserting ``$41,250,000 for each of fiscal years 2021
            through 2025'';
                (7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by
            striking ``new and innovative'' and inserting ``innovative or
            evidence-based'';
                (8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by
            striking ``the elderly'' and inserting ``geriatric populations
            or for maternal and child health'';
                (9) in section 761(e) (42 U.S.C. 294n(e))--
                        (A) in paragraph (1)(A), by striking ``$7,500,000
                    for each of fiscal years 2010 through 2014'' and
                    inserting ``$5,663,000 for each of fiscal years 2021
                    through 2025''; and
                        (B) in paragraph (2), by striking ``subsection (a)''
                    and inserting ``paragraph (1)'';
                (10) in section 762 (42 U.S.C. 294o)--
                        (A) in subsection (a)(1), by striking ``Committee on
                    Labor and Human Resources'' and inserting ``Committee on
                    Health, Education, Labor, and Pensions'';
                        (B) in subsection (b)--

    [[Page 134 STAT. 387]]

                              (i) in paragraph (2), by striking ``Health
                          Care Financing Administration'' and inserting
                          ``Centers for Medicare & Medicaid Services'';
                              (ii) by redesignating paragraphs (4) through
                          (6) as paragraphs (5) through (7), respectively;
                          and
                              (iii) by inserting after paragraph (3), the
                          following:
                ``(4) the Administrator of the Health Resources and Services
            Administration;'';
                        (C) by striking subsections (i), (j), and (k) and
                    inserting the following:

        ``(i) Reports.--Not later than September 30, 2023, and not less than
    every 5 years thereafter, the Council shall submit to the Secretary, and
    to the Committee on Health, Education, Labor, and Pensions of the Senate
    and the Committee on Energy and Commerce of the House of
    Representatives, a report on the recommendations described in subsection
    (a).''; and
                        (D) by redesignating subsection (l) as subsection
                    (j);
                (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by
            striking ``that plans'' and all that follows through the period
            and inserting ``that plans, develops, operates, and evaluates
            projects to improve preventive medicine, health promotion and
            disease prevention, or access to and quality of health care
            services in rural or medically underserved communities.'';
                (12) in section 770(a) (42 U.S.C. 295e(a)), by striking
            ``$43,000,000 for fiscal year 2011, and such sums as may be
            necessary for each of the fiscal years 2012 through 2015'' and
            inserting ``$17,000,000 for each of fiscal years 2021 through
            2025''; and
                (13) in section 775(e) (42 U.S.C. 295f(e)), by striking
            ``$30,000,000'' and all that follows through the period and
            inserting ``such sums as may be necessary for each of fiscal
            years 2021 through 2025.''.
    SEC. 3402. <<NOTE: 42 USC 292 note prec.>>  HEALTH WORKFORCE
                              COORDINATION.

        (a) Strategic Plan.--
                (1) <<NOTE: Deadline. Consultation.>>  In general.--Not
            later than 1 year after the date of enactment of this Act, the
            Secretary of Health and Human Services (referred to in this Act
            as the ``Secretary''), in consultation with the Advisory
            Committee on Training in Primary Care Medicine and Dentistry and
            the Advisory Council on Graduate Medical Education, shall
            develop a comprehensive and coordinated plan with respect to the
            health care workforce development programs of the Department of
            Health and Human Services, including education and training
            programs.
                (2) Requirements.--The plan under paragraph (1) shall--
                        (A) include performance measures to determine the
                    extent to which the programs described in paragraph (1)
                    are strengthening the Nation's health care system;
                        (B) identify any gaps that exist between the
                    outcomes of programs described in paragraph (1) and
                    projected health care workforce needs identified in
                    workforce projection reports conducted by the Health
                    Resources and Services Administration;
                        (C) identify actions to address the gaps described
                    in subparagraph (B); and
                        (D) identify barriers, if any, to implementing the
                    actions identified under subparagraph (C).

    [[Page 134 STAT. 388]]

        (b) Coordination With Other Agencies.--The Secretary shall
    coordinate with the heads of other Federal agencies and departments that
    fund or administer health care workforce development programs, including
    education and training programs, to--
                (1) <<NOTE: Evaluation.>>  evaluate the performance of such
            programs, including the extent to which such programs are
            efficient and effective and are meeting the nation's health
            workforce needs; and
                (2) identify opportunities to improve the quality and
            consistency of the information collected to evaluate within and
            across such programs, and to implement such improvements.

        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Health,
    Education, Labor, and Pensions of the Senate, and the Committee on
    Energy and Commerce of the House of Representatives, a report describing
    the plan developed under subsection (a) and actions taken to implement
    such plan.
    SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.

        Section 753 of the Public Health Service Act (42 U.S.C. 294c) is
    amended to read as follows:
    ``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.

        ``(a) Geriatrics Workforce Enhancement Program.--
                ``(1) <<NOTE: Grants. Contracts.>>  In general.--The
            Secretary shall award grants, contracts, or cooperative
            agreements under this subsection to entities described in
            paragraph (1), (3), or (4) of section 799B, section 801(2), or
            section 865(d), or other health professions schools or programs
            approved by the Secretary, for the establishment or operation of
            Geriatrics Workforce Enhancement Programs that meet the
            requirements of paragraph (2).
                ``(2) Requirements.--
                        ``(A) In general.--A Geriatrics Workforce
                    Enhancement Program receiving an award under this
                    section shall support the training of health
                    professionals in geriatrics, including traineeships or
                    fellowships. Such programs shall emphasize, as
                    appropriate, patient and family engagement, integration
                    of geriatrics with primary care and other appropriate
                    specialties, and collaboration with community partners
                    to address gaps in health care for older adults.
                        ``(B) Activities.--Activities conducted by a program
                    under this section may include the following:
                              ``(i) Clinical training on providing
                          integrated geriatrics and primary care delivery
                          services.
                              ``(ii) Interprofessional training to
                          practitioners from multiple disciplines and
                          specialties, including training on the provision
                          of care to older adults.
                              ``(iii) Establishing or maintaining training-
                          related community-based programs for older adults
                          and caregivers to improve health outcomes for
                          older adults.
                              ``(iv) Providing education on Alzheimer's
                          disease and related dementias to families and
                          caregivers of older adults, direct care workers,
                          and health professions students, faculty, and
                          providers.
                ``(3) Duration.--Each grant, contract, or cooperative
            agreement or contract awarded under paragraph (1) shall be for a
            period not to exceed 5 years.
                ``(4) Applications.--To be eligible to receive a grant,
            contract, or cooperative agreement under paragraph (1), an
            entity

    [[Page 134 STAT. 389]]

            described in such paragraph shall submit to the Secretary an
            application at such time, in such manner, and containing such
            information as the Secretary may require.
                ``(5) Program requirements.--
                        ``(A) In general.--In awarding grants, contracts,
                    and cooperative agreements under paragraph (1), the
                    Secretary--
                              ``(i) shall give priority to programs that
                          demonstrate coordination with another Federal or
                          State program or another public or private entity;
                              ``(ii) shall give priority to applicants with
                          programs or activities that are expected to
                          substantially benefit rural or medically
                          underserved populations of older adults, or serve
                          older adults in Indian Tribes or Tribal
                          organizations; and
                              ``(iii) may give priority to any program
                          that--
                                        ``(I) integrates geriatrics into
                                    primary care practice;
                                        ``(II) provides training to
                                    integrate geriatric care into other
                                    specialties across care settings,
                                    including practicing clinical
                                    specialists, health care administrators,
                                    faculty without backgrounds in
                                    geriatrics, and students from all health
                                    professions;
                                        ``(III) emphasizes integration of
                                    geriatric care into existing service
                                    delivery locations and care across
                                    settings, including primary care
                                    clinics, medical homes, Federally
                                    qualified health centers, ambulatory
                                    care clinics, critical access hospitals,
                                    emergency care, assisted living and
                                    nursing facilities, and home- and
                                    community-based services, which may
                                    include adult daycare;
                                        ``(IV) supports the training and
                                    retraining of faculty, primary care
                                    providers, other direct care providers,
                                    and other appropriate professionals on
                                    geriatrics;
                                        ``(V) emphasizes education and
                                    engagement of family caregivers on
                                    disease management and strategies to
                                    meet the needs of caregivers of older
                                    adults; or
                                        ``(VI) proposes to conduct outreach
                                    to communities that have a shortage of
                                    geriatric workforce professionals.
                        ``(B) Special consideration.--In awarding grants,
                    contracts, and cooperative agreements under this
                    section, the Secretary shall give special consideration
                    to entities that provide services in areas with a
                    shortage of geriatric workforce professionals.
                ``(6) Priority.--The Secretary may provide awardees with
            additional support for activities in areas of demonstrated need,
            which may include education and training for home health
            workers, family caregivers, and direct care workers on care for
            older adults.
                ``(7) Reporting.--
                        ``(A) Reports from entities.--Each entity awarded a
                    grant, contract, or cooperative agreement under this
                    section shall submit an annual report to the Secretary
                    on

    [[Page 134 STAT. 390]]

                    the activities conducted under such grant, contract, or
                    cooperative agreement, which may include information on
                    the number of trainees, the number of professions and
                    disciplines, the number of partnerships with health care
                    delivery sites, the number of faculty and practicing
                    professionals who participated in such programs, and
                    other information, as the Secretary may require.
                        ``(B) <<NOTE: Summary.>>  Report to congress.--Not
                    later than 4 years after the date of enactment of the
                    Title VII Health Care Workforce Reauthorization Act of
                    2019 and every 5 years thereafter, the Secretary shall
                    submit to the Committee on Health, Education, Labor, and
                    Pensions of the Senate and the Committee on Energy and
                    Commerce of the House of Representatives a report that
                    provides a summary of the activities and outcomes
                    associated with grants, contracts, and cooperative
                    agreements made under this section. Such reports shall
                    include--
                              ``(i) information on the number of trainees,
                          faculty, and professionals who participated in
                          programs under this section;
                              ``(ii) information on the impact of the
                          program conducted under this section on the health
                          status of older adults, including in areas with a
                          shortage of health professionals; and
                              ``(iii) information on outreach and education
                          provided under this section to families and
                          caregivers of older adults.
                        ``(C) <<NOTE: Web posting.>>  Public availability.--
                    The Secretary shall make reports submitted under
                    paragraph (B) publically available on the internet
                    website of the Department of Health and Human Services.

        ``(b) Geriatric Academic Career Awards.--
                ``(1) Establishment of program.--The Secretary shall, as
            appropriate, establish or maintain a program to provide
            geriatric academic career awards to eligible entities applying
            on behalf of eligible individuals to promote the career
            development of such individuals as academic geriatricians or
            other academic geriatrics health professionals.
                ``(2) <<NOTE: Definitions.>>  Eligibility.--
                        ``(A) Eligible entity.--For purposes of this
                    subsection, the term `eligible entity' means--
                              ``(i) an entity described in paragraph (1),
                          (3), or (4) of section 799B or section 801(2); or
                              ``(ii) another accredited health professions
                          school or graduate program approved by the
                          Secretary.
                        ``(B) Eligible individual.--For purposes of this
                    subsection, the term `eligible individual' means an
                    individual who--
                              ``(i)(I) is board certified or board eligible
                          in internal medicine, family practice, psychiatry,
                          or licensed dentistry, or has completed required
                          training in a discipline and is employed in an
                          accredited health professions school or graduate
                          program that is approved by the Secretary; or
                              ``(II) has completed an approved fellowship
                          program in geriatrics, or has completed specialty
                          training in geriatrics as required by the
                          discipline and any

    [[Page 134 STAT. 391]]

                          additional geriatrics training as required by the
                          Secretary; and
                              ``(ii) has a junior, nontenured, faculty
                          appointment at an accredited health professions
                          school or graduate program in geriatrics or a
                          geriatrics health profession.
                        ``(C) Clarification.--If an eligible individual is
                    promoted during the period of an award under this
                    subsection and thereby no longer meets the criteria of
                    subparagraph (B)(ii), the individual shall continue to
                    be treated as an eligible individual through the term of
                    the award.
                ``(3) Application requirements.--In order to receive an
            award under paragraph (1), an eligible entity, on behalf of an
            eligible individual, shall--
                        ``(A) submit to the Secretary an application, at
                    such time, in such manner, and containing such
                    information as the Secretary may require;
                        ``(B) provide, in such form and manner as the
                    Secretary may require, assurances that the eligible
                    individual will meet the service requirement described
                    in paragraph (6); and
                        ``(C) provide, in such form and manner as the
                    Secretary may require, assurances that the individual
                    has a full-time faculty appointment in a health
                    professions institution and documented commitment from
                    such eligible entity that the individual will spend 75
                    percent of the individual's time that is supported by
                    the award on teaching and developing skills in
                    interdisciplinary education in geriatrics.
                ``(4) Equitable distribution.--In making awards under this
            subsection, the Secretary shall seek to ensure geographical
            distribution among award recipients, including among rural or
            medically underserved areas of the United States.
                ``(5) Amount and duration.--
                        ``(A) Amount.--The amount of an award under this
                    subsection shall be at least $75,000 for fiscal year
                    2021, adjusted for subsequent years in accordance with
                    the consumer price index. <<NOTE: Determination.>>  The
                    Secretary shall determine the amount of an award under
                    this subsection for individuals who are not physicians.
                        ``(B) Duration.--The Secretary shall make awards
                    under paragraph (1) for a period not to exceed 5 years.
                ``(6) Service requirement.--An individual who receives an
            award under this subsection shall provide training in clinical
            geriatrics, including the training of interprofessional teams of
            health care professionals. The provision of such training shall
            constitute at least 75 percent of the obligations of such
            individual under the award.

        ``(c) Nonapplicability of Provision.--Notwithstanding any other
    provision of this title, section 791(a) shall not apply to awards made
    under this section.
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated $40,737,000 for each of fiscal years 2021 through 2025 for
    purposes of carrying out this section.''.
    SEC. 3404. NURSING WORKFORCE DEVELOPMENT.

        (a) In General.--Title VIII of the Public Health Service Act (42
    U.S.C. 296 et seq.) is amended--

    [[Page 134 STAT. 392]]

                (1) in section 801 (42 U.S.C. 296), by adding at the end the
            following:
                ``(18) <<NOTE: Definition.>>  Nurse managed health clinic.--
            The term `nurse managed health clinic' means a nurse-practice
            arrangement, managed by advanced practice nurses, that provides
            primary care or wellness services to underserved or vulnerable
            populations and that is associated with a school, college,
            university or department of nursing, federally qualified health
            center, or independent nonprofit health or social services
            agency.'';
                (2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``,
            and how such project aligns with the goals in section 806(a)''
            before the period in the second sentence;
                (3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the
            end the following: ``Such Federal funds are intended to
            supplement, not supplant, existing non-Federal expenditures for
            such activities.'';
                (4) in section 806 (42 U.S.C. 296e)--
                        (A) in subsection (a), by striking ``as needed to''
                    and all that follows and inserting the following: ``as
                    needed to address national nursing needs, including--
                ``(1) addressing challenges, including through supporting
            training and education of nursing students, related to the
            distribution of the nursing workforce and existing or projected
            nursing workforce shortages in geographic areas that have been
            identified as having, or that are projected to have, a nursing
            shortage;
                ``(2) increasing access to and the quality of health care
            services, including by supporting the training of professional
            registered nurses, advanced practice registered nurses, and
            advanced education nurses within community based settings and in
            a variety of health delivery system settings; or
                ``(3) addressing the strategic goals and priorities
            identified by the Secretary and that are in accordance with this
            title.

    Contracts may <<NOTE: Contracts. Determination.>>  be entered into under
    this title with public or private entities as determined necessary by
    the Secretary.'';
                        (B) in subsection (b)(2), by striking ``a
                    demonstration'' and all that follows and inserting the
                    following: ``the reporting of data and information
                    demonstrating that satisfactory progress has been made
                    by the program or project in meeting the performance
                    outcome standards (as described in section 802) of such
                    program or project.'';
                        (C) in subsection (e)(2), by inserting ``, and have
                    relevant expertise and experience'' before the period at
                    the end of the first sentence; and
                        (D) by adding at the end the following:

        ``(i) Biennial Report on Nursing Workforce Program Improvements.--
    Not <<NOTE: Assessment.>>  later than September 30, 2020, and biennially
    thereafter, the Secretary shall submit to the Committee on Health,
    Education, Labor, and Pensions of the Senate and the Committee on Energy
    and Commerce of the House of Representatives, a report that contains an
    assessment of the programs and activities of the Department of Health
    and Human Services related to enhancing the nursing workforce, including
    the extent to which programs and activities under this title meet the
    identified goals and performance measures developed for the respective
    programs and activities, and the extent to which the Department
    coordinates with other

    [[Page 134 STAT. 393]]

    Federal departments regarding programs designed to improve the nursing
    workforce.'';
                (5) in section 811 (42 U.S.C. 296j)--
                        (A) in subsection (b)--
                              (i) by striking ``Master's'' and inserting
                          ``graduate''; and
                              (ii) by inserting ``clinical nurse leaders,''
                          after ``nurse administrators,'';
                        (B) by redesignating subsections (f) and (g) as
                    subsections (g) and (h), respectively; and
                        (C) by inserting after subsection (e), the
                    following:

        ``(f) Authorized Clinical Nurse Specialist Programs.--Clinical nurse
    specialist programs eligible for support under this section are
    education programs that--
                ``(1) provide registered nurses with full-time clinical
            nurse specialist education; and
                ``(2) have as their objective the education of clinical
            nurse specialists who will, upon completion of such a program,
            be qualified to effectively provide care through the wellness
            and illness continuum to inpatients and outpatients experiencing
            acute and chronic illness.''; and
                (6) in section 831 (42 U.S.C. 296p)--
                        (A) in the section heading, by striking ``and
                    quality grants'' and inserting ``quality, and retention
                    grants'';
                        (B) in subsection (b)(2), by striking ``other high-
                    risk groups such as the elderly, individuals with HIV/
                    AIDS, substance abusers, the homeless, and victims'' and
                    inserting ``high risk groups, such as the elderly,
                    individuals with HIV/AIDS, individuals with mental
                    health or substance use disorders, individuals who are
                    homeless, and survivors'';
                        (C) in subsection (c)(1)--
                              (i) in subparagraph (A)--
                                        (I) by striking ``advancement for
                                    nursing personnel'' and inserting the
                                    following: ``advancement for--
                              ``(i) nursing'';
                                        (II) by striking ``professional
                                    nurses, advanced education nurses,
                                    licensed practical nurses, certified
                                    nurse assistants, and home health
                                    aides'' and inserting ``professional
                                    registered nurses, advanced practice
                                    registered nurses, and nurses with
                                    graduate nursing education''; and
                                        (III) by adding at the end the
                                    following:
                              ``(ii) individuals including licensed
                          practical nurses, licensed vocational nurses,
                          certified nurse assistants, home health aides,
                          diploma degree or associate degree nurses, and
                          other health professionals, such as health aides
                          or community health practitioners certified under
                          the Community Health Aide Program of the Indian
                          Health Service, to become registered nurses with
                          baccalaureate degrees or nurses with graduate
                          nursing education;'';
                              (ii) in subparagraph (B), by striking the
                          period and inserting ``; and''; and
                              (iii) by adding at the end the following:

    [[Page 134 STAT. 394]]

                        ``(C) developing and implementing internships,
                    accredited fellowships, and accredited residency
                    programs in collaboration with one or more accredited
                    schools of nursing, to encourage the mentoring and
                    development of specialties.'';
                        (D) by striking subsections (e) and (h);
                        (E) by redesignating subsections (f) and (g), as
                    subsections (e) and (f), respectively;
                        (F) in subsection (e) (as so redesignated), by
                    striking ``The Secretary shall submit to the Congress
                    before the end of each fiscal year'' and inserting ``As
                    part of the report on nursing workforce programs
                    described in section 806(i), the Secretary shall
                    include''; and
                        (G) in subsection (f) (as so redesignated), by
                    striking ``a school of nursing, as defined in section
                    801(2),,'' and inserting ``an accredited school of
                    nursing, as defined in section 801(2), a health care
                    facility, including federally qualified health centers
                    or nurse-managed health clinics, or a partnership of
                    such a school and facility'';
                (7) by striking section 831A (42 U.S.C. 296p-1);
                (8) in section 846 (42 U.S.C. 297n)--
                        (A) by striking the last sentence of subsection (a);
                        (B) in subsection (b)(1), by striking ``he began
                    such practice'' and inserting ``the individual began
                    such practice''; and
                        (C) in subsection (i), by striking ``Funding'' in
                    the subsection heading and all that follows through
                    ``paragraph (1)'' in paragraph (2), and inserting the
                    following: ``Allocations.--Of the amounts appropriated
                    under section 871(b),'';
                (9) in section 846A (42 U.S.C. 247n-1), by striking
            subsection (f);
                (10) in section 847 (42 U.S.C. 297o), by striking subsection
            (g);
                (11) in section 851 (42 U.S.C. 297t)--
                        (A) in subsection (b)(1)(A)(iv), by striking ``and
                    nurse anesthetists'' and inserting ``nurse anesthetists,
                    and clinical nurse specialists'';
                        (B) in subsection (d)(3)--
                              (i) by striking ``3 years after the date of
                          enactment of this section'' and inserting ``2
                          years after the date of enactment of the Title
                          VIII Nursing Reauthorization Act'';
                              (ii) by striking ``Labor and Human Resources''
                          and inserting ``Health, Education, Labor, and
                          Pensions''; and
                              (iii) by inserting ``Energy and'' before
                          ``Commerce''; and
                        (C) in subsection (g), by striking ``under this
                    title'' and inserting ``for carrying out parts B, C, and
                    D'';
                (12) by striking sections 861 and 862 (42 U.S.C. 297w and
            297x); and
                (13) in section 871 (42 U.S.C. 298d)--
                        (A) by striking ``For the purpose of'' and inserting
                    the following:

        ``(a) In General.--For the purpose of'';

    [[Page 134 STAT. 395]]

                        (B) by striking ``$338,000,000 for fiscal year 2010,
                    and such sums as may be necessary for each of the fiscal
                    years 2011 through 2016'' and inserting ``$137,837,000
                    for each of fiscal years 2021 through 2025''; and
                        (C) by adding at the end the following:

        ``(b) Part E.--For the purpose of carrying out part E, there are
    authorized to be appropriated $117,135,000 for each of the fiscal years
    2021 through 2025.''.
        (b) Evaluation and Report on Nurse Loan Repayment Programs.--
                (1) Evaluation.--The Comptroller General shall conduct an
            evaluation of the nurse loan repayment programs administered by
            the Health Resources and Services Administration. Such
            evaluation shall include--
                        (A) the manner in which payments are made under such
                    programs;
                        (B) the existing oversight functions necessary to
                    ensure the proper use of such programs, including
                    payments made as part of such programs;
                        (C) the identification of gaps, if any, in oversight
                    functions; and
                        (D) information on the number of nurses assigned to
                    facilities pursuant to such programs, including the type
                    of facility to which nurses are assigned and the impact
                    of modifying the eligibility requirements for programs
                    under section 846 of the Public Health Service Act (42
                    U.S.C. 297n), such as the impact on entities to which
                    nurses had previously been assigned prior to fiscal year
                    2019 (such as federally qualified health centers and
                    facilities affiliated with the Indian Health Service).
                (2) <<NOTE: Recommenda- tions.>>  Report.--Not later than 18
            months after the enactment of this Act, the Comptroller General
            shall submit to the Committee on Health, Education, Labor, and
            Pensions of the Senate and the Committee on Energy and Commerce
            of the House of Representatives, a report on the evaluation
            under paragraph (1), which may include recommendations to
            improve relevant nursing workforce loan repayment programs.

    Subtitle <<NOTE: COVID-19 Pandemic Education Relief Act of 2020. 20 USC
    1001 note.>>  B--Education Provisions
    SEC. 3501. SHORT TITLE.

        This subtitle may be cited as the ``COVID-19 Pandemic Education
    Relief Act of 2020''.
    SEC. 3502. <<NOTE: 20 USC 1001 note.>>  DEFINITIONS.

        (a) Definitions.--In this subtitle:
                (1) Coronavirus.--The term ``coronavirus'' has the meaning
            given the term in section 506 of the Coronavirus Preparedness
            and Response Supplemental Appropriations Act, 2020 (Public Law
            116-123).
                (2) Foreign institution.--The term ``foreign institution''
            means an institution of higher education located outside the
            United States that is described in paragraphs (1)(C) and (2) of
            section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
            1002(a)).

    [[Page 134 STAT. 396]]

                (3) Institution of higher education.--The term ``institution
            of higher education'' has the meaning of the term under section
            102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
                (4) Qualifying emergency.--The term ``qualifying emergency''
            means--
                        (A) a public health emergency related to the
                    coronavirus declared by the Secretary of Health and
                    Human Services pursuant to section 319 of the Public
                    Health Service Act (42 U.S.C. 247d);
                        (B) an event related to the coronavirus for which
                    the President declared a major disaster or an emergency
                    under section 401 or 501, respectively, of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5170 and 5191); or
                        (C) a national emergency related to the coronavirus
                    declared by the President under section 201 of the
                    National Emergencies Act (50 U.S.C. 1601 et seq.).
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of Education.
    SEC. 3503. <<NOTE: 20 USC 1001 note.>>  CAMPUS-BASED AID WAIVERS.

        (a) Waiver of Non-federal Share Requirement.--Notwithstanding
    sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965
    (20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made
    available for award years 2019-2020 and 2020-2021, the Secretary shall
    waive the requirement that a participating institution of higher
    education provide a non-Federal share to match Federal funds provided to
    the institution for the programs authorized pursuant to subpart 3 of
    part A and part C of title IV of the Higher Education Act of 1965 (20
    U.S.C. 1070b et seq. and 1087-51 et seq.) for all awards made under such
    programs during such award years, except nothing in this subsection
    shall affect the non-Federal share requirement under section 443(c)(3)
    that applies to private for-profit organizations.
        (b) Authority to Reallocate.--Notwithstanding sections 413D, 442,
    and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3, 1087-52,
    and 1095), during a period of a qualifying emergency, an institution may
    transfer up to 100 percent of the institution's unexpended allotment
    under section 442 of such Act to the institution's allotment under
    section 413D of such Act, but may not transfer any funds from the
    institution's unexpended allotment under section 413D of such Act to the
    institution's allotment under section 442 of such Act.
    SEC. 3504. <<NOTE: 20 USC 1001 note.>>  USE OF SUPPLEMENTAL
                              EDUCATIONAL OPPORTUNITY GRANTS FOR
                              EMERGENCY AID.

        (a) In General.--Notwithstanding section 413B of the Higher
    Education Act of 1965 (20 U.S.C. 1070b-1), an institution of higher
    education may reserve any amount of an institution's allocation under
    subpart 3 of part A of title IV of the Higher Education Act of 1965 (20
    U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year,
    emergency financial aid grants to assist undergraduate or graduate
    students for unexpected expenses and unmet financial need as the result
    of a qualifying emergency.
        (b) Determinations.--In determining eligibility for and awarding
    emergency financial aid grants under this section, an institution of
    higher education may--

    [[Page 134 STAT. 397]]

                (1) waive the amount of need calculation under section 471
            of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
                (2) allow for a student affected by a qualifying emergency
            to receive funds in an amount that is not more than the maximum
            Federal Pell Grant for the applicable award year; and
                (3) utilize a contract with a scholarship-granting
            organization designated for the sole purpose of accepting
            applications from or disbursing funds to students enrolled in
            the institution of higher education, if such scholarship-
            granting organization disburses the full allocated amount
            provided to the institution of higher education to the
            recipients.

        (c) Special Rule.--Any emergency financial aid grants to students
    under this section shall not be treated as other financial assistance
    for the purposes of section 471 of the Higher Education Act of 1965 (20
    U.S.C. 1087kk).
    SEC. 3505. <<NOTE: 20 USC 1001 note.>>  FEDERAL WORK-STUDY DURING
                              A QUALIFYING EMERGENCY.

        (a) <<NOTE: Time period.>>  In General.--In the event of a
    qualifying emergency, an institution of higher education participating
    in the program under part C of title IV of the Higher Education Act of
    1965 (20 U.S.C. 1087-51 et seq.) may make payments under such part to
    affected work-study students, for the period of time (not to exceed one
    academic year) in which affected students were unable to fulfill the
    students' work-study obligation for all or part of such academic year
    due to such qualifying emergency, as follows:
                (1) Payments may be made under such part to affected work-
            study students in an amount equal to or less than the amount of
            wages such students would have been paid under such part had the
            students been able to complete the work obligation necessary to
            receive work study funds, as a one time grant or as multiple
            payments.
                (2) Payments shall not be made to any student who was not
            eligible for work study or was not completing the work
            obligation necessary to receive work study funds under such part
            prior to the occurrence of the qualifying emergency.
                (3) Any payments made to affected work-study students under
            this subsection shall meet the matching requirements of section
            443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53),
            unless such matching requirements are waived by the Secretary.

        (b) Definition of Affected Work-study Student.--In this section, the
    term ``affected work-study student'' means a student enrolled at an
    eligible institution participating in the program under part C of title
    IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.) who--
                (1) received a work-study award under section 443 of the
            Higher Education Act of 1965 (20 U.S.C. 1087-53) for the
            academic year during which a qualifying emergency occurred;
                (2) earned Federal work-study wages from such eligible
            institution for such academic year; and
                (3) was prevented from fulfilling the student's work-study
            obligation for all or part of such academic year due to such
            qualifying emergency.

    [[Page 134 STAT. 398]]

    SEC. 3506. <<NOTE: 20 USC 1001 note.>>  ADJUSTMENT OF SUBSIDIZED
                              LOAN USAGE LIMITS.

         Notwithstanding section 455(q)(3) of the Higher Education Act of
    1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a
    student's period of enrollment for purposes of loans made under part D
    of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
    seq.) any semester (or the equivalent) that the student does not
    complete due to a qualifying emergency, if the Secretary is able to
    administer such policy in a manner that limits complexity and the burden
    on the student.
    SEC. 3507. <<NOTE: 20 USC 1001 note.>>  EXCLUSION FROM FEDERAL
                              PELL GRANT DURATION LIMIT.

        The Secretary shall exclude from a student's Federal Pell Grant
    duration limit under section 401(c)(5) of the Higher Education Act of
    1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the
    student does not complete due to a qualifying emergency if the Secretary
    is able to administer such policy in a manner that limits complexity and
    the burden on the student.
    SEC. 3508. <<NOTE: 20 USC 1001 note.>>  INSTITUTIONAL REFUNDS AND
                              FEDERAL STUDENT LOAN FLEXIBILITY.

        (a) Institutional Waiver.--
                (1) In general.--The Secretary shall waive the institutional
            requirement under section 484B of the Higher Education Act of
            1965 (20 U.S.C. 1091b) with respect to the amount of grant or
            loan assistance (other than assistance received under part C of
            title IV of such Act) to be returned under such section if a
            recipient of assistance under title IV of the Higher Education
            Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the
            institution of higher education during the payment period or
            period of enrollment as a result of a qualifying emergency.
                (2) <<NOTE: Requirements.>>  Waivers.--The Secretary shall
            require each institution using a waiver relating to the
            withdrawal of recipients under this subsection to report the
            number of such recipients, the amount of grant or loan
            assistance (other than assistance received under part C of title
            IV of such Act) associated with each such recipient, and the
            total amount of grant or loan assistance (other than assistance
            received under part C of title IV of such Act) for which each
            institution has not returned assistance under title IV to the
            Secretary.

        (b) Student Waiver.--The Secretary shall waive the amounts that
    students are required to return under section 484B of the Higher
    Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell
    Grants or other grant assistance if the withdrawals on which the returns
    are based, are withdrawals by students who withdrew from the institution
    of higher education as a result of a qualifying emergency.
        (c) Canceling Loan Obligation.--Notwithstanding any other provision
    of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
    Secretary shall cancel the borrower's obligation to repay the entire
    portion of a loan made under part D of title IV of such Act (20 U.S.C.
    1087a et seq.) associated with a payment period for a recipient of such
    loan who withdraws from the institution of higher education during the
    payment period as a result of a qualifying emergency.
        (d) Approved Leave of Absence.--Notwithstanding any other provision
    of the Higher Education Act of 1965 (20 U.S.C. 1001

    [[Page 134 STAT. 399]]

    et seq.), for purposes of receiving assistance under title IV of the
    Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of
    higher education may, as a result of a qualifying emergency, provide a
    student with an approved leave of absence that does not require the
    student to return at the same point in the academic program that the
    student began the leave of absence if the student returns within the
    same semester (or the equivalent).
    SEC. 3509. <<NOTE: 20 USC 1001 note.>>  SATISFACTORY ACADEMIC
                              PROGRESS.

        Notwithstanding section 484 of the Higher Education Act of 1965 (20
    U.S.C. 1091), in determining whether a student is maintaining
    satisfactory academic progress for purposes of title IV of the Higher
    Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher
    education may, as a result of a qualifying emergency, exclude from the
    quantitative component of the calculation any attempted credits that
    were not completed by such student without requiring an appeal by such
    student.
    SEC. 3510. <<NOTE: 20 USC 1001 note.>>  CONTINUING EDUCATION AT
                              AFFECTED FOREIGN INSTITUTIONS.

        (a) In General.--Notwithstanding section 481(b) of the Higher
    Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign
    institution, in the case of a public health emergency, major disaster or
    emergency, or national emergency declared by the applicable government
    authorities in the country in which the foreign institution is located,
    the Secretary may permit any part of an otherwise eligible program to be
    offered via distance education for the duration of such emergency or
    disaster and the following payment period for purposes of title IV of
    the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
        (b) <<NOTE: Time periods.>>  Eligibility.--An otherwise eligible
    program that is offered in whole or in part through distance education
    by a foreign institution between March 1, 2020, and the date of
    enactment of this Act shall be deemed eligible for the purposes of part
    D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
    seq.) for the duration of the qualifying emergency and the following
    payment period for purposes of title IV of the Higher Education Act of
    1965 (20 U.S.C. 1070 et seq.). <<NOTE: Reports. Deadlines.>>  An
    institution of higher education that uses the authority provided in the
    previous sentence shall report such use to the Secretary--
                (1) for the 2019-2020 award year, not later than June 30,
            2020; and
                (2) for an award year subsequent to the 2019-2020 award
            year, not later than 30 days after such use.

        (c) Report.--Not later than 180 days after the date of enactment of
    this Act, and every 180 days thereafter for the duration of the
    qualifying emergency and the following payment period, the Secretary
    shall submit to the authorizing committees (as defined in section 103 of
    the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that
    identifies each foreign institution that carried out a distance
    education program authorized under this section.
        (d) Written Arrangements.--
                (1) In general.--Notwithstanding section 102 of the Higher
            Education Act of 1965 (20 U.S.C. 1002), for the duration of a
            qualifying emergency and the following payment period, the
            Secretary may allow a foreign institution to enter into a
            written arrangement with an institution of higher education
            located in the United States that participates in the Federal

    [[Page 134 STAT. 400]]

            Direct Loan Program under part D of title IV of the Higher
            Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose
            of allowing a student of the foreign institution who is a
            borrower of a loan made under such part to take courses from the
            institution of higher education located in the United States.
                (2) Form of arrangements.--
                        (A) Public or other nonprofit institutions.--A
                    foreign institution that is a public or other nonprofit
                    institution may enter into a written arrangement under
                    subsection (a) only with an institution of higher
                    education described in section 101 of such Act (20
                    U.S.C. 1001).
                        (B) Other institutions.--A foreign institution that
                    is a graduate medical school, nursing school, or a
                    veterinary school and that is not a public or other
                    nonprofit institution may enter into a written
                    arrangement under subsection (a) with an institution of
                    higher education described in section 101 or section 102
                    of such Act (20 U.S.C. 1001 and 1002).
                (3) <<NOTE: Deadlines.>>  Report on use.--An institution of
            higher education that uses the authority described in paragraph
            (2) shall report such use to the Secretary--
                        (A) for the 2019-2020 award year, not later than
                    June 30, 2020; and
                        (B) for an award year subsequent to the 2019-2020
                    award year, not later than 30 days after such use.
                (4) Report from the secretary.--Not later than 180 days
            after the date of enactment of this Act, and every 180 days
            thereafter for the duration of the qualifying emergency and the
            following payment period, the Secretary shall submit to the
            authorizing committees (as defined in section 103 of the Higher
            Education Act of 1965 (20 U.S.C. 1003)) a report that identifies
            each foreign institution that entered into a written arrangement
            authorized under subsection (a).
    SEC. 3511. <<NOTE: Determinations. 20 USC 7861 note.>>  NATIONAL
                              EMERGENCY EDUCATIONAL WAIVERS.

        (a) In General.--Notwithstanding any other provision of law, the
    Secretary may, upon the request of a State educational agency or Indian
    tribe, waive any statutory or regulatory provision described under
    paragraphs (1) and (2) of subsection (b), and upon the request of a
    local educational agency, waive any statutory or regulatory provision
    described under paragraph (2) of subsection (b), if the Secretary
    determines that such a waiver is necessary and appropriate due to the
    emergency involving Federal primary responsibility determined to exist
    by the President under the section 501(b) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with
    respect to the Coronavirus Disease 2019 (COVID-19).
        (b) Applicable Provisions of Law.--
                (1) Streamlined waivers.--The Secretary shall create an
            expedited application process to request a waiver and the
            Secretary may waive any statutory or regulatory requirements for
            a State educational agency (related to assessments,
            accountability, and reporting requirements related to
            assessments and accountability), if the Secretary determines
            that such a waiver is necessary and appropriate as described in
            subsection (a), under the following provisions of law:

    [[Page 134 STAT. 401]]

                        (A) The following provisions under section 1111 of
                    the Elementary and Secondary Education Act of 1965 (20
                    U.S.C. 6311):
                              (i) Paragraphs (2) and (3) of subsection (b).
                              (ii) Subsection (c)(4).
                              (iii) Subparagraphs (C) and (D) of subsection
                          (d)(2).
                              (iv) The following provisions under subsection
                          (h) of such section 1111:
                                        (I) Clauses (i), (ii), (iii)(I),
                                    (iv), (v), (vi), (vii), and (xi) of
                                    paragraph (1)(C).
                                        (II) Paragraph (2)(C) with respect
                                    to the waived requirements under
                                    subclause (I).
                                        (III) Clauses (i) and (ii) of
                                    paragraph (2)(C).
                        (B) Section 421(b) of the General Education
                    Provisions Act (20 U.S.C. 1225(b)).
                (2) State and locally-requested waivers.--For a State
            educational agency, local educational agency, or Indian tribe
            that receives funds under a program authorized under the
            Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
            et seq.) that requests a waiver under subsection (c), the
            Secretary may waive statutory and regulatory requirements under
            any of the following provisions of such Act:
                        (A) Section 1114(a)(1).
                        (B) Section 1118(a) and section 8521.
                        (C) Section 1127.
                        (D) Section 4106(d).
                        (E) Subparagraphs (C), (D), and (E) of section
                    4106(e)(2).
                        (F) Section 4109(b).
                        (G) The definition under section 8101(42) for
                    purposes of the Elementary and Secondary Education Act
                    of 1965 (20 U.S.C. 6301 et seq.).
                (3) Applicability to charter schools.--Any waivers issued by
            the Secretary under this section shall be implemented, as
            applicable--
                        (A) for all public schools, including public charter
                    schools within the boundaries of the recipient of the
                    waiver;
                        (B) in accordance with State charter school law; and
                        (C) pursuant to section 1111(c)(5) of the Elementary
                    and Secondary Education Act of 1965 (20 U.S.C.
                    6311(c)(5)).
                (4) Limitation.--Nothing in this section shall be construed
            to allow the Secretary to waive any statutory or regulatory
            requirements under applicable civil rights laws.
                (5) Accountability and improvement.--Any school located in a
            State that receives a waiver under paragraph (1) and that is
            identified for comprehensive support and improvement, targeted
            support and improvement, or additional targeted support in the
            2019-2020 school year under section 1111(c)(4)(D) or section
            1111(d)(2) of the Elementary and Secondary Education Act of 1965
            (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that
            identification status in the 2020-2021 school year and continue
            to receive supports and interventions consistent with the
            school's support and improvement plan in the 2020-2021 school
            year.

        (c) State and Local Requests for Waivers.--
                (1) In general.--A State educational agency, local
            educational agency, or Indian tribe that desires a waiver from

    [[Page 134 STAT. 402]]

            any statutory or regulatory provision described under subsection
            (b)(2), may submit a waiver request to the Secretary in
            accordance with this subsection.
                (2) Requests submitted.--A request for a waiver under this
            subsection shall--
                        (A) identify the Federal programs affected by the
                    requested waiver;
                        (B) describe which Federal statutory or regulatory
                    requirements are to be waived;
                        (C) describe how the emergency involving Federal
                    primary responsibility determined to exist by the
                    President under the section 501(b) of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5191(b)) with respect to the Coronavirus
                    Disease 2019 (COVID-19) prevents or otherwise restricts
                    the ability of the State, State educational agency,
                    local educational agency, Indian tribe, or school to
                    comply with such statutory or regulatory requirements;
                    and
                        (D) provide an assurance that the State educational
                    agency, local educational agency, or Indian tribe will
                    work to mitigate any negative effects, if any, that may
                    occur as a result of the requested waiver.
                (3) Secretary approval.--
                        (A) <<NOTE: Deadline.>>  In general.--Except as
                    provided under subparagraph (B), the Secretary shall
                    approve or disapprove a waiver request submitted under
                    paragraph (1) not more than 30 days after the date on
                    which such request is submitted.
                        (B) Exceptions.--The Secretary may disapprove a
                    waiver request submitted under paragraph (1), only if
                    the Secretary determines that--
                              (i) the waiver request does not meet the
                          requirements of this section;
                              (ii) the waiver is not permitted pursuant to
                          subsection (b)(2); or
                              (iii) the description required under paragraph
                          (2)(C) provides insufficient information to
                          demonstrate that the waiving of such requirements
                          is necessary or appropriate consistent with
                          subsection (a).
                (4) Duration.--A waiver approved by the Secretary under this
            section may be for a period not to exceed the 2019-2020 academic
            year, except to carry out full implementation of any maintenance
            of effort waivers granted during the 2019-2020 academic year.

        (d) Reporting and Publication.--
                (1) <<NOTE: State and local government. Web posting.>>
            Public notice.--A State educational agency, Indian Tribe, or
            local educational agency requesting a waiver under subsection
            (b)(2) shall provide the public and all local educational
            agencies in the State with notice of, and the opportunity to
            comment on, the request by posting information regarding the
            waiver request and the process for commenting on the State
            website.
                (2) <<NOTE: Deadline.>>  Notifying congress.--Not later than
            7 days after granting a waiver under this section, the Secretary
            shall notify the Committee on Health, Education, Labor, and
            Pensions of the Senate, the Committee on Appropriations of the
            Senate,

    [[Page 134 STAT. 403]]

            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) <<NOTE: Deadline. Federal
            Register, publication. Notice. Web posting.>>  Publication.--Not
            later than 30 days after granting a waiver under this section,
            the Secretary shall publish a notice of the Secretary's decision
            (including which waiver was granted and the reason for granting
            the waiver) in the Federal Register and on the website of the
            Department of Education.
                (4) <<NOTE: Recommenda- tions.>>  Report.--Not later than 30
            days after the date of enactment of this Act, the Secretary
            shall prepare and submit a report to the Committee on Health,
            Education, Labor, and Pensions and the Committee on
            Appropriations of the Senate, and the Committee on Education and
            Labor and the Committee on Appropriations of the House of
            Representatives, with recommendations on any additional waivers
            under the Individuals with Disabilities Education Act (20 U.S.C.
            1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
            seq.), the Elementary and Secondary Education Act of 1965 (20
            U.S.C. 6301 et seq.), and the Carl D. Perkins Career and
            Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) the
            Secretary believes are necessary to be enacted into law to
            provide limited flexibility to States and local educational
            agencies to meet the needs of students during the emergency
            involving Federal primary responsibility determined to exist by
            the President under section 501(b) of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
            with respect to the Coronavirus Disease 2019 (COVID-19).

        (e) <<NOTE: Definition.>>  Terms.--In this section, the term ``State
    educational agency'' includes the Bureau of Indian Education, and the
    term ``local educational agency'' includes Bureau of Indian Education
    funded schools operated pursuant to a grant under the Tribally
    Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract
    under the Indian Self-Determination and Education Assistance Act (25
    U.S.C. 5301 et seq.).
    SEC. 3512. <<NOTE: 20 USC 1001 note.>>  HBCU CAPITAL FINANCING.

        (a) Deferment Period.--
                (1) In general.--Notwithstanding any provision of title III
            of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or
            any regulation promulgated under such title, the Secretary may
            grant a deferment, for the duration of a qualifying emergency,
            to an institution that has received a loan under part D of title
            III of such Act (20 U.S.C. 1066 et seq.).
                (2) Terms.--During the deferment period granted under this
            subsection--
                        (A) the institution shall not be required to pay any
                    periodic installment of principal or interest required
                    under the loan agreement for such loan; and
                        (B) the Secretary shall make principal and interest
                    payments otherwise due under the loan agreement.
                (3) Closing.--At the closing of a loan deferred under this
            subsection, terms shall be set under which the institution shall
            be required to repay the Secretary for the payments of principal
            and interest made by the Secretary during the deferment, on a
            schedule that begins upon repayment to the lender in full on the
            loan agreement, except in no case shall repayment

    [[Page 134 STAT. 404]]

            be required to begin before the date that is 1 full fiscal year
            after the date that is the end of the qualifying emergency.

        (b) Termination Date.--
                (1) In general.--The authority provided under this section
            to grant a loan deferment under subsection (a) shall terminate
            on the date on which the qualifying emergency is no longer in
            effect.
                (2) Duration.--Any provision of a loan agreement or
            insurance agreement modified by the authority under this section
            shall remain so modified for the duration of the period covered
            by the loan agreement or insurance agreement.

        (c) <<NOTE: Time period.>>  Report.--Not later than 180 days after
    the date of enactment of this Act, and every 180 days thereafter during
    the period beginning on the first day of the qualifying emergency and
    ending on September 30 of the fiscal year following the end of the
    qualifying emergency, the Secretary shall submit to the authorizing
    committees (as defined in section 103 of the Higher Education Act of
    1965 (20 U.S.C. 1003)) a report that identifies each institution that
    received assistance under this section.

        (d) Funding.--There is hereby appropriated, out of any money in the
    Treasury not otherwise appropriated, $62,000,000 to carry out this
    section.
    SEC. 3513. <<NOTE: 20 USC 1001 note.>>  TEMPORARY RELIEF FOR
                              FEDERAL STUDENT LOAN BORROWERS.

        (a) In General.--The Secretary shall suspend all payments due for
    loans made under part D and part B (that are held by the Department of
    Education) of title IV of the Higher Education Act of 1965 (20 U.S.C.
    1087a et seq.; 1071 et seq.) through September 30, 2020.
        (b) No Accrual of Interest.--Notwithstanding any other provision of
    the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest
    shall not accrue on a loan described under subsection (a) for which
    payment was suspended for the period of the suspension.
        (c) Consideration of Payments.--Notwithstanding any other provision
    of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
    Secretary shall deem each month for which a loan payment was suspended
    under this section as if the borrower of the loan had made a payment for
    the purpose of any loan forgiveness program or loan rehabilitation
    program authorized under part D or B of title IV of the Higher Education
    Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which the
    borrower would have otherwise qualified.
        (d) Reporting to Consumer Reporting Agencies.--During the period in
    which the Secretary suspends payments on a loan under subsection (a),
    the Secretary shall ensure that, for the purpose of reporting
    information about the loan to a consumer reporting agency, any payment
    that has been suspended is treated as if it were a regularly scheduled
    payment made by a borrower.
        (e) Suspending Involuntary Collection.--During the period in which
    the Secretary suspends payments on a loan under subsection (a), the
    Secretary shall suspend all involuntary collection related to the loan,
    including--
                (1) a wage garnishment authorized under section 488A of the
            Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D
            of title 31, United States Code;

    [[Page 134 STAT. 405]]

                (2) a reduction of tax refund by amount of debt authorized
            under section 3720A of title 31, United States Code, or section
            6402(d) of the Internal Revenue Code of 1986;
                (3) a reduction of any other Federal benefit payment by
            administrative offset authorized under section 3716 of title 31,
            United States Code (including a benefit payment due to an
            individual under the Social Security Act or any other provision
            described in subsection (c)(3)(A)(i) of such section); and
                (4) any other involuntary collection activity by the
            Secretary.

        (f) Waivers.--In carrying out this section, the Secretary may waive
    the application of--
                (1) subchapter I of chapter 35 of title 44, United States
            Code (commonly known as the ``Paperwork Reduction Act'');
                (2) the master calendar requirements under section 482 of
            the Higher Education Act of 1965 (20 U.S.C. 1089);
                (3) negotiated rulemaking under section 492 of the Higher
            Education Act of 1965 (20 U.S.C. 1098a); and
                (4) <<NOTE: Notices. Deadline.>>  the requirement to publish
            the notices related to the system of records of the agency
            before implementation required under paragraphs (4) and (11) of
            section 552a(e) of title 5, United States Code (commonly known
            as the ``Privacy Act of 1974''), except that the notices shall
            be published not later than 180 days after the date of enactment
            of this Act.

        (g) Notice to Borrowers and Transition Period.--To inform borrowers
    of the actions taken in accordance with this section and ensure an
    effective transition, the Secretary shall--
                (1) <<NOTE: Deadline.>>  not later than 15 days after the
            date of enactment of this Act, notify borrowers--
                        (A) of the actions taken in accordance with
                    subsections (a) and (b) for whom payments have been
                    suspended and interest waived;
                        (B) of the actions taken in accordance with
                    subsection (e) for whom collections have been suspended;
                        (C) of the option to continue making payments toward
                    principal; and
                        (D) that the program under this section is a
                    temporary program.
                (2) <<NOTE: Effective date.>>  beginning on August 1, 2020,
            carry out a program to provide not less than 6 notices by postal
            mail, telephone, or electronic communication to borrowers
            indicating--
                        (A) when the borrower's normal payment obligations
                    will resume; and
                        (B) that the borrower has the option to enroll in
                    income-driven repayment, including a brief description
                    of such options.
    SEC. 3514. <<NOTE: 42 USC 12501 note.>>  PROVISIONS RELATED TO THE
                              CORPORATION FOR NATIONAL AND COMMUNITY
                              SERVICE.

        (a) Accrual of Service Hours.--
                (1) Accrual through other service hours.--
                        (A) In general.--Notwithstanding any other provision
                    of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
                    4950 et seq.) or the National and Community Service Act
                    of 1990 (42 U.S.C. 12501 et seq.), the Corporation for
                    National and Community Service shall allow an individual
                    described in subparagraph (B) to accrue other service
                    hours

    [[Page 134 STAT. 406]]

                    that will count toward the number of hours needed for
                    the individual's education award.
                        (B) <<NOTE: Applicability.>>  Affected
                    individuals.--Subparagraph (A) shall apply to any
                    individual serving in a position eligible for an
                    educational award under subtitle D of title I of the
                    National and Community Service Act of 1990 (42 U.S.C.
                    12601 et seq.)--
                              (i) who is performing limited service due to
                          COVID-19; or
                              (ii) whose position has been suspended or
                          placed on hold due to COVID-19.
                (2) Provisions in case of early exit.--In any case where an
            individual serving in a position eligible for an educational
            award under subtitle D of title I of the National and Community
            Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to
            exit the position early at the direction of the Corporation for
            National and Community Service, the Chief Executive Officer of
            the Corporation for National and Community Service may--
                        (A) deem such individual as having met the
                    requirements of the position; and
                        (B) award the individual the full value of the
                    educational award under such subtitle for which the
                    individual would otherwise have been eligible.

        (b) Availability of Funds.--Notwithstanding any other provision of
    law, all funds made available to the Corporation for National and
    Community Service under any Act, including the amounts appropriated to
    the Corporation under the headings ``operating expenses'', ``salaries
    and expenses'', and ``office of the inspector general'' under the
    heading ``Corporation for National and Community Service'' under title
    IV of Division A of the Further Consolidated Appropriations Act, 2020
    (Public Law 116-94), shall remain available for the fiscal year ending
    September 30, 2021.
        (c) No Required Return of Grant Funds.--Notwithstanding section
    129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42
    U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the
    Corporation for National and Community Service may permit fixed-amount
    grant recipients under such section 129(l) to maintain a pro rata amount
    of grant funds, at the discretion of the Corporation for National and
    Community Service, for participants who exited, were suspended, or are
    serving in a limited capacity due to COVID-19, to enable the grant
    recipients to maintain operations and to accept participants.
        (d) <<NOTE: Time period.>>  Extension of Terms and Age Limits.--
    Notwithstanding any other provision of law, the Corporation for National
    and Community Service may extend the term of service (for a period not
    to exceed the 1-year period immediately following the end of the
    national emergency) or waive any upper age limit (except in no case
    shall the maximum age exceed 26 years of age) for national service
    programs carried out by the National Civilian Community Corps under
    subtitle E of title I of the National and Community Service Act of 1990
    (42 U.S.C. 12611 et seq.), and the participants in such programs, for
    the purposes of--
                (1) addressing disruptions due to COVID-19; and
                (2) minimizing the difficulty in returning to full operation
            due to COVID-19 on such programs and participants.

    [[Page 134 STAT. 407]]

    SEC. 3515. <<NOTE: 29 USC 3163 note.>>  WORKFORCE RESPONSE
                              ACTIVITIES.

        (a) Administrative Costs.--Notwithstanding section 128(b)(4) of the
    Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), of the
    total amount allocated to a local area (including the total amount
    allotted to a single State local area) under subtitle B of title I of
    such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than
    20 percent of the total amount may be used for the administrative costs
    of carrying out local workforce investment activities under chapter 2 or
    chapter 3 of subtitle B of title I of such Act, if the portion of the
    total amount that exceeds 10 percent of the total amount is used to
    respond to a qualifying emergency.
        (b) Rapid Response Activities.--
                (1) Statewide rapid response.--Of the funds reserved by a
            Governor for program year 2019 for statewide activities under
            section 128(a) of the Workforce Innovation and Opportunity Act
            (29 U.S.C. 3163(a)) that remain unobligated, such funds may be
            used for statewide rapid response activities as described in
            section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for
            responding to a qualifying emergency.
                (2) <<NOTE: Deadline.>>  Local boards.--Of the funds
            reserved by a Governor for program year 2019 under section
            133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that remain
            unobligated, such funds may be released within 30 days after the
            date of enactment of this Act to the local boards most impacted
            by the coronavirus at the determination of the Governor for
            rapid response activities related to responding to a qualifying
            emergency.

        (c) Definitions.--Except as otherwise provided, the terms in this
    section have the meanings given the terms in section 3 of the Workforce
    Innovation and Opportunity Act (29 U.S.C. 3102).
    SEC. 3516. TECHNICAL AMENDMENTS.

        (a) In General.--
                (1) Section 6103(a)(3) of the Internal Revenue Code of 1986,
            as amended by the FUTURE Act <<NOTE: 26 USC 6103.>>  (Public Law
            116-91), is further amended by striking ``(13), (16)'' and
            inserting ``(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)''.
                (2) Section 6103(p)(3)(A) of such Code, as so amended, is
            further amended by striking ``(12),'' and inserting ``(12),
            (13)(A), (13)(B), (13)(C), (13)(D)(i)''.
                (3) Section 6103(p)(4) of such Code, as so amended, is
            further amended by striking ``(13) or (16)'' each place it
            appears and inserting ``(13), or (16)''.
                (4) Section 6103(p)(4) of such Code, as so amended and as
            amended by paragraph (3), is further amended by striking
            ``(13)'' each place it appears and inserting ``(13)(A), (13)(B),
            (13)(C), (13)(D)(i)''.
                (5) Section 6103(l)(13)(C)(ii) of such Code, as added by the
            FUTURE Act (Public Law 116-91), is amended by striking ``section
            236A(e)(4)'' and inserting ``section 263A(e)(4)''.

        (b) <<NOTE: 26 USC 6103 note.>>  Effective Date.--The amendments
    made by this section shall apply as if included in the enactment of the
    FUTURE Act (Public Law 116-91).

    [[Page 134 STAT. 408]]

    SEC. 3517. <<NOTE: 20 USC 1001 note.>>  WAIVER AUTHORITY AND
                              REPORTING REQUIREMENT FOR INSTITUTIONAL
                              AID.

        (a) <<NOTE: Time period.>>  Waiver Authority.--Notwithstanding any
    other provision of the Higher Education Act of 1965 (U.S.C. 1001 et
    seq.), unless enacted with specific reference to this section, for any
    institution of higher education that was receiving assistance under
    title III, title V, or subpart 4 of part A of title VII of such Act (20
    U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a
    qualifying emergency, the Secretary may, for the period beginning on the
    first day of the qualifying emergency and ending on September 30 of the
    fiscal year following the end of the qualifying emergency--
                (1) waive--
                        (A) the eligibility data requirements set forth in
                    section 391(d) and 521(e) of the Higher Education Act of
                    1965 (20 U.S.C. 1068(d); 1103(e));
                        (B) the wait-out period set forth in section 313(d)
                    of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
                        (C) the allotment requirements under paragraphs (2)
                    and (3) of subsection 318(e) of the Higher Education Act
                    of 1965 (20 U.S.C. 1059e(e)), and the reference to ``the
                    academic year preceding the beginning of that fiscal
                    year'' under such section 318(e)(1);
                        (D) the allotment requirements under subsections
                    (b), (c), and (g) of section 324 of the Higher Education
                    Act of 1965 (20 U.S.C. 1063), the reference to ``the end
                    of the school year preceding the beginning of that
                    fiscal year'' under such section 324(a), and the
                    reference to ``the academic year preceding such fiscal
                    year'' under such section 324(h);
                        (E) subparagraphs (A), (C), (D), and (E) of section
                    326(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
                    1063b(f)(3)), and references to ``previous year'' under
                    such section 326(f)(3)(B);
                        (F) subparagraphs (A), (C), (D), and (E) of section
                    723(f)(3) and subparagraphs (A), (C), (D), and (E) of
                    section 724(f)(3) of the Higher Education Act of 1965
                    (20 U.S.C. 1136a(f)(3); 1136b(f)(3)), and references to
                    ``previous academic year'' under subparagraph (B) of
                    such sections 723(f)(3) and 724(f)(3); and
                        (G) the allotment restriction set forth in section
                    318(d)(4) and section 323(c)(2) of the Higher Education
                    Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
                (2) <<NOTE: Time period.>>  waive or modify any statutory or
            regulatory provision to ensure that institutions that were
            receiving assistance under title III, title V, or subpart 4 of
            part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et
            seq.; 1136a et seq.) at the time of a qualifying emergency are
            not adversely affected by any formula calculation for fiscal
            year 2020 and for the period beginning on the first day of the
            qualifying emergency and ending on September 30 of the fiscal
            year following the end of the qualifying emergency, as
            necessary.

        (b) <<NOTE: Time periods.>>  Use of Unexpended Funds.--Any funds
    paid to an institution under title III, title V, or subpart 4 of part A
    of title VII of the Higher Education Act of 1965 (20 U.S.C. 1051 et
    seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the
    purposes for which the funds were paid to the institution during the 5-
    year period following the date on which the funds were first paid

    [[Page 134 STAT. 409]]

    to the institution, may be carried over and expended during the
    succeeding 5-year period.

        (c) <<NOTE: Time period.>>  Report.--Not later than 180 days after
    the date of enactment of this Act, and every 180 days thereafter for the
    period beginning on the first day of the qualifying emergency and ending
    on September 30 of the fiscal year following the end of the qualifying
    emergency, the Secretary shall submit to the authorizing committees (as
    defined in section 103 of the Higher Education Act of 1965 (20 U.S.C.
    1003)) a report that identifies each institution that received a waiver
    or modification under this section.
    SEC. 3518. <<NOTE: Time period. 20 USC 1001 note.>>  AUTHORIZED
                              USES AND OTHER MODIFICATIONS FOR GRANTS.

        (a) In General.--The Secretary is authorized to modify the required
    and allowable uses of funds for grants awarded under part A or B of
    title III, chapter I or II of subpart 2 of part A of title IV, title V,
    or subpart 4 of part A of title VII of the Higher Education Act of 1965
    (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et
    seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education
    or other grant recipient (not including individual recipients of Federal
    student financial assistance), at the request of an institution of
    higher education or other recipient of a grant (not including individual
    recipients of Federal student financial assistance) as a result of a
    qualifying emergency, for the period beginning on the first day of the
    qualifying emergency and ending on September 30 of the fiscal year
    following the end of the qualifying emergency.
        (b) Matching Requirement Modifications.--Notwithstanding any other
    provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
    the Secretary is authorized to modify any Federal share or other
    financial matching requirement for a grant awarded on a competitive
    basis or a grant awarded under part A or B of title III or subpart 4 of
    part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057
    et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution
    of higher education or other grant recipient as a result of a qualifying
    emergency, for the period beginning on the first day of the qualifying
    emergency and ending on September 30 of the fiscal year following the
    end of the qualifying emergency.
        (c) Reports.--Not later than 180 days after the date of enactment of
    this Act, and every 180 days thereafter for the duration of the period
    beginning on the first day of the qualifying emergency and ending on
    September 30 of the fiscal year following the end of the qualifying
    emergency, the Secretary shall submit to the authorizing committees (as
    defined in section 103 of the Higher Education Act of 1965 (20 U.S.C.
    1003)) a report that identifies each institution of higher education or
    other grant recipient that received a modification under this section.
    SEC. 3519. <<NOTE: 20 USC 1001 note.>>  SERVICE OBLIGATIONS FOR
                              TEACHERS.

        (a) Teach Grants.--For the purpose of section 420N of the Higher
    Education Act of 1965 (20 U.S.C. 1070g-2), during a qualifying
    emergency, the Secretary--
                (1) may modify the categories of extenuating circumstances
            under which a recipient of a grant under subpart 9 of part A of
            title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et
            seq.) who is unable to fulfill all or part of the recipient's

    [[Page 134 STAT. 410]]

            service obligation may be excused from fulfilling that portion
            of the service obligation; and
                (2) shall consider teaching service that, as a result of a
            qualifying emergency, is part-time or temporarily interrupted,
            to be full-time service and to fulfill the service obligations
            under such section 420N.

        (b) <<NOTE: Waiver authority.>>  Teacher Loan Forgiveness.--
    Notwithstanding section 428J or 460 of the Higher Education Act of 1965
    (20 U.S.C. 1078-10; 1087j), the Secretary shall waive the requirements
    under such sections that years of teaching service shall be consecutive
    if--
                (1) the teaching service of a borrower is temporarily
            interrupted due to a qualifying emergency; and
                (2) after the temporary interruption due to a qualifying
            emergency, the borrower resumes teaching service and completes a
            total of 5 years of qualifying teaching service under such
            sections, including qualifying teaching service performed
            before, during, and after such qualifying emergency.

                          Subtitle C--Labor Provisions

    SEC. 3601. LIMITATION ON PAID LEAVE.

        Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 (as
    added by the Emergency Family and Medical Leave Expansion
    Act) <<NOTE: Ante, p. 191.>>  is amended by striking clause (ii) and
    inserting the following:
                              ``(ii) Limitation.--An employer shall not be
                          required to pay more than $200 per day and $10,000
                          in the aggregate for each employee for paid leave
                          under this section.''.
    SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.

        Section 5102 of the Emergency Paid Sick Leave Act (division E of the
    Families First Coronavirus Response Act) <<NOTE: Ante, p. 195.>>  is
    amended by adding at the end the following:

        ``(f) Limitations.--An employer shall not be required to pay more
    than either--
                ``(1) $511 per day and $5,110 in the aggregate for each
            employee, when the employee is taking leave for a reason
            described in paragraph (1), (2), or (3) of section 5102(a); or
                ``(2) $200 per day and $2,000 in the aggregate for each
            employee, when the employee is taking leave for a reason
            described in paragraph (4), (5), or (6) of section 5102(a).''.
    SEC. 3603. UNEMPLOYMENT INSURANCE.

        Section 903(h)(2)(B) of the Social Security Act (42 U.S.C.
    1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment
    Insurance Stabilization and Access Act of <<NOTE: Ante, p. 193.>>  2020,
    is amended to read as follows:
                        ``(B) The State ensures that applications for
                    unemployment compensation, and assistance with the
                    application process, are accessible, to the extent
                    practicable in at least two of the following: in person,
                    by phone, or online.''.
    SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.

        (a) Family and Medical Leave Act of 1993.--Section 110(a) of title I
    of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) (as
    added by division C of the Families First

    [[Page 134 STAT. 411]]

    Coronavirus Response Act) <<NOTE: Ante, p. 189.>>  is amended by adding
    at the end the following new paragraph:
                ``(4) The Director of the Office of Management and Budget
            shall have the authority to exclude for good cause from the
            requirements under subsection (b) certain employers of the
            United States Government with respect to certain categories of
            Executive Branch employees.''.

        (b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick Leave
    Act (division E of the Families First Coronavirus Response Act) is
    amended by adding at the end the following new section:
    ``SEC. 5112. <<NOTE: 29 USC 2601 note.>>  AUTHORITY TO EXCLUDE
                              CERTAIN EMPLOYEES.

        ``The Director of the Office of Management and Budget shall have the
    authority to exclude for good cause from the definition of employee
    under section 5110(1) certain employees described in subparagraphs (E)
    and (F) of such section, including by exempting certain United States
    Government employers covered by section 5110(2)(A)(i)(V) from the
    requirements of this title with respect to certain categories of
    Executive Branch employees.''.
    SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.

        Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993, as
    added by section 3102 of the Emergency Family and Medical Leave
    Expansion Act <<NOTE: Ante, p. 189.>> , is amended to read as follows:
                        ``(A) <<NOTE: Definitions. Time periods.>>  Eligible
                    employee.--
                              ``(i) In general.--In lieu of the definition
                          in sections 101(2)(A) and 101(2)(B)(ii), the term
                          `eligible employee' means an employee who has been
                          employed for at least 30 calendar days by the
                          employer with respect to whom leave is requested
                          under section 102(a)(1)(F).
                              ``(ii) Rule regarding rehired employees.--For
                          purposes of clause (i), the term `employed for at
                          least 30 calendar days', used with respect to an
                          employee and an employer described in clause (i),
                          includes an employee who was laid off by that
                          employer not earlier than March 1, 2020, had
                          worked for the employer for not less than 30 of
                          the last 60 calendar days prior to the employee's
                          layoff, and was rehired by the employer.''.
    SEC. 3606. ADVANCE REFUNDING OF CREDITS.

        (a) Payroll Credit for Required Paid Sick Leave.--Section 7001 of
    division G of the Families First Coronavirus Response Act is amended--
    <<NOTE: Ante, p. 210.>>
                (1) in subsection (b)(4)(A)--
                        (A) by striking ``(A) In general.--If the amount''
                    and inserting ``(A)(i) Credit is refundable.--If the
                    amount''; and
                        (B) by adding at the end the following:
                              ``(ii) Advancing credit.--In anticipation of
                          the credit, including the refundable portion under
                          clause (i), the credit may be advanced, according
                          to forms and instructions provided by the
                          Secretary, up to an amount calculated under
                          subsection (a), subject to the limits under
                          subsection (b), both calculated through the end of
                          the most recent payroll period in the quarter.'';

    [[Page 134 STAT. 412]]

                (2) in subsection (f)--
                        (A) in paragraph (4), by striking ``, and'' and
                    inserting a comma;
                        (B) in paragraph (5), by striking the period at the
                    end and inserting ``, and''; and
                        (C) by adding at the end the following:
                ``(6) regulations or other guidance to permit the
            advancement of the credit determined under subsection (a).'';
            and
                (3) by inserting after subsection (h) the following new
            subsection:

        ``(i) <<NOTE: Waiver authority.>>  Treatment of Deposits.--The
    Secretary of the Treasury (or the Secretary's delegate) shall waive any
    penalty under section 6656 of the Internal Revenue Code of 1986 for any
    failure to make a deposit of the tax imposed by section 3111(a) or
    3221(a) of such Code if the Secretary determines that such failure was
    due to the anticipation of the credit allowed under this section.''.

        (b) Payroll Credit for Required Paid Family Leave.--Section 7003 of
    division G of the Families First Coronavirus Response Act is amended--
    <<NOTE: Ante, p. 214.>>
                (1) in subsection (b)(3)--
                        (A) by striking ``If the amount'' and inserting
                    ``(A) Credit is refundable.--If the amount''; and
                        (B) by adding at the end the following:
                        ``(B) Advancing credit.--In anticipation of the
                    credit, including the refundable portion under
                    subparagraph (A), the credit may be advanced, according
                    to forms and instructions provided by the Secretary, up
                    to an amount calculated under subsection (a), subject to
                    the limits under subsection (b), both calculated through
                    the end of the most recent payroll period in the
                    quarter.'';
                (2) in subsection (f)--
                        (A) in paragraph (4), by striking ``, and'' and
                    inserting a comma;
                        (B) in paragraph (5), by striking the period at the
                    end and inserting ``, and''; and
                        (C) by adding at the end the following:
                ``(6) regulations or other guidance to permit the
            advancement of the credit determined under subsection (a).'';
            and

        (c) by inserting after subsection (h) the following new subsection:
        ``(i) <<NOTE: Waiver authority. Determination.>>  Treatment of
    Deposits.--The Secretary of the Treasury (or the Secretary's delegate)
    shall waive any penalty under section 6656 of the Internal Revenue Code
    of 1986 for any failure to make a deposit of the tax imposed by section
    3111(a) or 3221(a) of such Code if the Secretary determines that such
    failure was due to the anticipation of the credit allowed under this
    section.''.
    SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN
                              DEADLINES.

        Section 518 of the Employee Retirement Income Security Act of 1974
    (29 U.S.C. 1148) is amended by striking ``or a terroristic or military
    action (as defined in section 692(c)(2) of such Code), the Secretary
    may'' and inserting ``a terroristic or military action (as defined in
    section 692(c)(2) of such Code), or a public health emergency declared
    by the Secretary of Health and Human Services pursuant to section 319 of
    the Public Health Service Act, the Secretary may''.

    [[Page 134 STAT. 413]]

    SEC. 3608. <<NOTE: 26 USC 430 note.>>  SINGLE-EMPLOYER PLAN
                              FUNDING RULES.

        (a) Delay in Payment of Minimum Required Contributions.--In the case
    of any minimum required contribution (as determined under section 430(a)
    of the Internal Revenue Code of 1986 and section 303(a) of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1083(a))) which (but
    for this section) would otherwise be due under section 430(j) of such
    Code (including quarterly contributions under paragraph (3) thereof) and
    section 303(j) of such Act (29 U.S.C. 1083(j)) (including quarterly
    contributions under paragraph (3) thereof) during calendar year 2020--
                (1) the due date for such contributions shall be January 1,
            2021, and
                (2) the amount of each such minimum required contribution
            shall be increased by interest accruing for the period between
            the original due date (without regard to this section) for the
            contribution and the payment date, at the effective rate of
            interest for the plan for the plan year which includes such
            payment date.

        (b) Benefit Restriction Status.--For purposes of section 436 of the
    Internal Revenue Code of 1986 and section 206(g) of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)), a plan
    sponsor may elect to treat the plan's adjusted funding target attainment
    percentage for the last plan year ending before January 1, 2020, as the
    adjusted funding target attainment percentage for plan years which
    include calendar year 2020.
    SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY
                              PENSION PLAN RULES TO CERTAIN CHARITABLE
                              EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE
                              IS PROVIDING SERVICES WITH RESPECT TO
                              MOTHERS AND CHILDREN.

        (a) Employee Retirement Income Security Act of 1974.--Section
    210(f)(1) of the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1060(f)(1)) is amended--
                (1) by striking ``or'' at the end of subparagraph (B);
                (2) by striking the period at the end of subparagraph
            (C)(iv) and inserting ``; or''; and
                (3) by inserting after subparagraph (C) the following new
            subparagraph:
                        ``(D) that, as of January 1, 2000, was maintained by
                    an employer--
                              ``(i) described in section 501(c)(3) of the
                          Internal Revenue Code of 1986,
                              ``(ii) who has been in existence since at
                          least 1938,
                              ``(iii) who conducts medical research directly
                          or indirectly through grant making, and
                              ``(iv) whose primary exempt purpose is to
                          provide services with respect to mothers and
                          children.''.

        (b) Internal Revenue Code of 1986.--Section 414(y)(1) of the
    Internal Revenue Code of 1986 <<NOTE: 26 USC 414.>>  is amended--
                (1) by striking ``or'' at the end of subparagraph (B);
                (2) by striking the period at the end of subparagraph
            (C)(iv) and inserting ``; or''; and
                (3) by inserting after subparagraph (C) the following new
            subparagraph:
                        ``(D) that, as of January 1, 2000, was maintained by
                    an employer--

    [[Page 134 STAT. 414]]

                              ``(i) described in section 501(c)(3),
                              ``(ii) who has been in existence since at
                          least 1938,
                              ``(iii) who conducts medical research directly
                          or indirectly through grant making, and
                              ``(iv) whose primary exempt purpose is to
                          provide services with respect to mothers and
                          children.''.

        (c) <<NOTE: 26 USC 414 note.>>  Effective Date.--The amendments made
    by this section shall apply to plan years beginning after December 31,
    2018.
    SEC. 3610. <<NOTE: 41 USC 6301 note prec.>>  FEDERAL CONTRACTOR
                              AUTHORITY.

        Notwithstanding any other provision of law, and subject to the
    availability of appropriations, funds made available to an agency by
    this Act or any other Act may be used by such agency to modify the terms
    and conditions of a contract, or other agreement, without consideration,
    to reimburse at the minimum applicable contract billing rates not to
    exceed an average of 40 hours per week any paid leave, including sick
    leave, a contractor provides to keep its employees or subcontractors in
    a ready state, including to protect the life and safety of Government
    and contractor personnel, but in no event beyond September 30,
    2020. <<NOTE: Applicability.>>  Such authority shall apply only to a
    contractor whose employees or subcontractors cannot perform work on a
    site that has been approved by the Federal Government, including a
    federally-owned or leased facility or site, due to facility closures or
    other restrictions, and who cannot telework because their job duties
    cannot be performed remotely during the public health emergency declared
    on January 31, 2020 for COVID-19: Provided, <<NOTE: Reimbursement.>>
    That the maximum reimbursement authorized by this section shall be
    reduced by the amount of credit a contractor is allowed pursuant to
    division G of Public Law 116-127 and any applicable credits a contractor
    is allowed under this Act.
    SEC. 3611. TECHNICAL CORRECTIONS.
                (1) Section 110(a)(3) of the Family and Medical Leave Act of
            1993 (as added by the Emergency and Medical Leave Expansion
            Act) <<NOTE: Ante, p. 190.>>  is amended by striking
            ``553(d)(A)'' and inserting ``553(d)(3)''.
                (2) Section 5111 of the Emergency Paid Sick Leave Act
            (division E of the Families First Coronavirus <<NOTE: Ante, p.
            201.>> Response Act) is amended by striking ``553(d)(A)'' and
            inserting ``553(d)(3)''.
                (3) Section 110(c) of the Family and Medical Leave Act of
            1993 (as added by the Emergency and Medical Leave Expansion Act)
            is amended by striking ``subsection (a)(2)(A)(iii)'' and
            inserting ``subsection (a)(2)(A)''.
                (4) Section 3104 of the Emergency Family and Medical Leave
            Expansion Act (division C of the Families First Coronavirus
            Response Act) <<NOTE: Ante, p. 192.>>  is amended--
                        (A) by striking ``110(a)(B)'' and inserting
                    ``section 110(a)(1)(B) of the Family and Medical Leave
                    Act of 1993''; and
                        (B) by striking ``section 107(a) for a violation of
                    section 102(a)(1)(F) if the employer does not meet the
                    definition of employer set forth in Section
                    101(4)(A)(i)'' and inserting ``section 107(a) of such
                    Act for a violation of section 102(a)(1)(F) of such Act
                    if the employer does not meet the definition of employer
                    set forth in section 101(4)(A)(i) of such Act''.

    [[Page 134 STAT. 415]]

                (5) Section 5110(1) of the Emergency Paid Sick Leave Act
            (division E of the Families First Coronavirus
            Response <<NOTE: Ante, p. 198.>>  Act) is amended--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``terms'' and inserting ``term''; and
                        (B) in subparagraph (A)(i), by striking ``paragraph
                    (5)(A)'' and inserting ``paragraph (2)(A)''.
                (6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave
            Act (division E of the Families First Coronavirus Response Act)
            is amended by striking ``clause (i)(IV)'' and inserting ``clause
            (i)(III)''.
                (7) Section 110(a)(3) of the Family and Medical Leave Act of
            1993 (as added by the Emergency and Medical Leave Expansion
            Act) <<NOTE: Ante, p. 190.>>  is amended--
                        (A) by striking ``and'' after the semicolon at the
                    end of subparagraph (A);
                        (B) by striking the period at end of subparagraph
                    (B) and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(C) as necessary to carry out the purposes of this
                    Act, including to ensure consistency between this Act
                    and Division E and Division G of the Families First
                    Coronavirus Response Act.''.
                (8) Section 5104(1) of the Emergency Paid Sick Leave Act
            (division E of the Families First Coronavirus
            Response <<NOTE: Ante, p. 197.>>  Act) is amended by striking
            ``and'' after the semicolon and inserting ``or''.
                (9) Section 5105 of the Emergency Paid Sick Leave Act
            (division E of the Families First Coronavirus
            Response <<NOTE: Ante, p. 197.>>  Act) is amended by adding at
            the end the following:

        ``(c) Investigations and Collection of Data.--The Secretary of Labor
    or his designee may investigate and gather data to ensure compliance
    with this Act in the same manner as authorized by sections 9 and 11 of
    the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).''.

                          Subtitle D--Finance Committee

    SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.

        (a) In General.--Paragraph (2) of section 223(c) of the Internal
    Revenue Code of 1986 <<NOTE: 26 USC 223.>>  is amended by adding at the
    end the following new subparagraph:
                        ``(E) Safe harbor for absence of deductible for
                    telehealth.--In the case of plan years beginning on or
                    before December 31, 2021, a plan shall not fail to be
                    treated as a high deductible health plan by reason of
                    failing to have a deductible for telehealth and other
                    remote care services.''.

        (b) Certain Coverage Disregarded.--Clause (ii) of section
    223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking
    ``or long-term care'' and inserting ``long-term care, or (in the case of
    plan years beginning on or before December 31, 2021) telehealth and
    other remote care''.
        (c) <<NOTE: 26 USC 223 note.>>  Effective Date.--The amendments made
    by this section shall take effect on the date of the enactment of this
    Act.

    [[Page 134 STAT. 416]]

    SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS
                              AS QUALIFIED MEDICAL EXPENSES.

        (a) HSAs.--Section 223(d)(2) of the Internal Revenue Code of 1986
    is <<NOTE: 26 USC 223.>>  amended--
                (1) by striking the last sentence of subparagraph (A) and
            inserting the following: ``For purposes of this subparagraph,
            amounts paid for menstrual care products shall be treated as
            paid for medical care.''; and
                (2) by adding at the end the following new subparagraph:
                        ``(D) <<NOTE: Definition.>>  Menstrual care
                    product.--For purposes of this paragraph, the term
                    `menstrual care product' means a tampon, pad, liner,
                    cup, sponge, or similar product used by individuals with
                    respect to menstruation or other genital-tract
                    secretions.''.

        (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
    striking the last sentence and inserting the following: ``For purposes
    of this subparagraph, amounts paid for menstrual care products (as
    defined in section 223(d)(2)(D)) shall be treated as paid for medical
    care.''.
        (c) Health Flexible Spending Arrangements and Health Reimbursement
    Arrangements.--Section 106 of such Code is amended by striking
    subsection (f) and inserting the following new subsection:
        ``(f) Reimbursements for Menstrual Care Products.--For purposes of
    this section and section 105, expenses incurred for menstrual care
    products (as defined in section 223(d)(2)(D)) shall be treated as
    incurred for medical care.''.
        (d) <<NOTE: Applicability.>>  Effective Dates.--
                (1) <<NOTE: 26 USC 220 note.>>  Distributions from savings
            accounts.--The amendment made by subsections (a) and (b) shall
            apply to amounts paid after December 31, 2019.
                (2) <<NOTE: 26 USC 106 note.>>  Reimbursements.--The
            amendment made by subsection (c) shall apply to expenses
            incurred after December 31, 2019.
    SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING
                              EMERGENCY PERIOD.

        Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is
    amended--
                (1) in subsection (b)(8), by striking ``to an individual by
            a qualified provider (as defined in subsection (g)(3))'' and all
            that follows through the period and inserting ``, the
            requirements of section 1834(m).''; and
                (2) in subsection (g), by striking paragraph (3).
    SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY
                              QUALIFIED HEALTH CENTERS AND RURAL
                              HEALTH CLINICS DURING EMERGENCY PERIOD.

        Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
    amended--
                (1) in the first sentence of paragraph (1), by striking
            ``The Secretary'' and inserting ``Subject to paragraph (8), the
            Secretary'';
                (2) in paragraph (2)(A), by striking ``The Secretary'' and
            inserting ``Subject to paragraph (8), the Secretary'';
                (3) in paragraph (4)--

    [[Page 134 STAT. 417]]

                        (A) in subparagraph (A), by striking ``The term''
                    and inserting ``Subject to paragraph (8), the term'';
                    and
                        (B) in subparagraph (F)(i), by striking ``The term''
                    and inserting ``Subject to paragraph (8), the term'';
                    and
                (4) by adding at the end the following new paragraph:
                ``(8) Enhancing telehealth services for federally qualified
            health centers and rural health clinics during emergency
            period.--
                        ``(A) In general.--During the emergency period
                    described in section 1135(g)(1)(B)--
                              ``(i) the Secretary shall pay for telehealth
                          services that are furnished via a
                          telecommunications system by a Federally qualified
                          health center or a rural health clinic to an
                          eligible telehealth individual enrolled under this
                          part notwithstanding that the Federally qualified
                          health center or rural clinic providing the
                          telehealth service is not at the same location as
                          the beneficiary;
                              ``(ii) the amount of payment to a Federally
                          qualified health center or rural health clinic
                          that serves as a distant site for such a
                          telehealth service shall be determined under
                          subparagraph (B); and
                              ``(iii) <<NOTE: Definitions.>>  for purposes
                          of this subsection--
                                        ``(I) the term `distant site'
                                    includes a Federally qualified health
                                    center or rural health clinic that
                                    furnishes a telehealth service to an
                                    eligible telehealth individual; and
                                        ``(II) the term `telehealth
                                    services' includes a rural health clinic
                                    service or Federally qualified health
                                    center service that is furnished using
                                    telehealth to the extent that payment
                                    codes corresponding to services
                                    identified by the Secretary under clause
                                    (i) or (ii) of paragraph (4)(F) are
                                    listed on the corresponding claim for
                                    such rural health clinic service or
                                    Federally qualified health center
                                    service.
                        ``(B) Special payment rule.--
                              ``(i) In general.--The Secretary shall develop
                          and implement payment methods that apply under
                          this subsection to a Federally qualified health
                          center or rural health clinic that serves as a
                          distant site that furnishes a telehealth service
                          to an eligible telehealth individual during such
                          emergency period. Such payment methods shall be
                          based on payment rates that are similar to the
                          national average payment rates for comparable
                          telehealth services under the physician fee
                          schedule under section 1848. Notwithstanding any
                          other provision of law, the Secretary may
                          implement such payment methods through program
                          instruction or otherwise.
                              ``(ii) Exclusion from fqhc pps calculation and
                          rhc air calculation.--Costs associated with
                          telehealth services shall not be used to determine
                          the amount of payment for Federally qualified
                          health center services under the prospective
                          payment system under section 1834(o) or for rural
                          health clinic services under the methodology for
                          all-inclusive rates (established by the Secretary)
                          under section 1833(a)(3).''.

    [[Page 134 STAT. 418]]

    SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS
                              BETWEEN HOME DIALYSIS PATIENTS AND
                              PHYSICIANS.

        Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C.
    1395rr(b)(3)(B)) is amended--
                (1) in clause (i), by striking ``clause (ii)'' and inserting
            ``clauses (ii) and (iii)'';
                (2) in clause (ii), in the matter preceding subclause (I),
            by striking ``Clause (i)'' and inserting ``Except as provided in
            clause (iii), clause (i)''; and
                (3) by adding at the end the following new clause:
                              ``(iii) The Secretary may waive the provisions
                          of clause (ii) during the emergency period
                          described in section 1135(g)(1)(B).''.
    SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER
                              PRIOR TO RECERTIFICATION OF ELIGIBILITY
                              FOR HOSPICE CARE DURING EMERGENCY
                              PERIOD.

        Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C.
    1395f(a)(7(D)(i)) is amended--
                (1) by striking ``a hospice'' and inserting ``(I) subject to
            subclause (II), a hospice''; and
                (2) by inserting after subclause (I), as added by paragraph
            (1), the following new subclause:
                              ``(II) <<NOTE: Determination.>>  during the
                          emergency period described in section
                          1135(g)(1)(B), a hospice physician or nurse
                          practitioner may conduct a face-to-face encounter
                          required under this clause via telehealth, as
                          determined appropriate by the Secretary; and''.
    SEC. 3707. <<NOTE: 42 USC 1395m note.>>  ENCOURAGING USE OF
                              TELECOMMUNICATIONS SYSTEMS FOR HOME
                              HEALTH SERVICES FURNISHED DURING
                              EMERGENCY PERIOD.

        With respect to home health services (as defined in section 1861(m)
    of the Social Security Act (42 U.S.C. 1395x(m)) that are furnished
    during the emergency period described in section 1135(g)(1)(B) of such
    Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and Human
    Services shall consider ways to encourage the use of telecommunications
    systems, including for remote patient monitoring as described in section
    409.46(e) of title 42, Code of Federal Regulations (or any successor
    regulations) and other communications or monitoring services, consistent
    with the plan of care for the individual, including by clarifying
    guidance and conducting outreach, as appropriate.
    SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH
                              SERVICES.

        (a) Part A Provisions.--Section 1814(a) of the Social Security Act
    (42 U.S.C. 1395f(a)) is amended--
                (1) in paragraph (2)--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``, a nurse practitioner or clinical nurse
                    specialist (as such terms are defined in section
                    1861(aa)(5)) who is working in accordance with State
                    law, or a physician assistant (as defined in section
                    1861(aa)(5)) who is working in accordance with State
                    law, who is'' after ``in the case of services described
                    in subparagraph (C), a physician''; and

    [[Page 134 STAT. 419]]

                        (B) in subparagraph (C)--
                              (i) by inserting ``, a nurse practitioner, a
                          clinical nurse specialist, or a physician
                          assistant (as the case may be)'' after
                          ``physician'' the first 2 times it appears; and
                              (ii) <<NOTE: Deadline.>>  by striking ``, and,
                          in the case of a certification made by a
                          physician'' and all that follows through ``face-
                          to-face encounter'' and inserting ``, and, in the
                          case of a certification made by a physician after
                          January 1, 2010, or by a nurse practitioner,
                          clinical nurse specialist, or physician assistant
                          (as the case may be) after a date specified by the
                          Secretary (but in no case later than the date that
                          is 6 months after the date of the enactment of the
                          CARES Act), prior to making such certification a
                          physician, nurse practitioner, clinical nurse
                          specialist, or physician assistant must document
                          that a physician, nurse practitioner, clinical
                          nurse specialist, certified nurse-midwife (as
                          defined in section 1861(gg)) as authorized by
                          State law, or physician assistant has had a face-
                          to-face encounter'';
                (2) in the third sentence--
                        (A) by striking ``physician certification'' and
                    inserting ``certification'';
                        (B) <<NOTE: Regulations. Effective date.>>  by
                    inserting ``(or in the case of regulations to implement
                    the amendments made by section 3708 of the CARES Act,
                    the Secretary shall prescribe regulations, which shall
                    become effective no later than 6 months after the date
                    of the enactment of such Act)'' after ``1981''; and
                        (C) by striking ``a physician who'' and inserting
                    ``a physician, nurse practitioner, clinical nurse
                    specialist, or physician assistant who'';
                (3) in the fourth sentence, by inserting ``, nurse
            practitioner, clinical nurse specialist, or physician
            assistant'' after ``physician''; and
                (4) in the fifth sentence--
                        (A) by inserting ``or no later than 6 months after
                    the date of the enactment of the CARES Act for purposes
                    of documentation for certification and recertification
                    made under paragraph (2) by a nurse practitioner,
                    clinical nurse specialist, or physician assistant,''
                    after ``January 1, 2019''; and
                        (B) by inserting ``, nurse practitioner, clinical
                    nurse specialist, or physician assistant'' after ``of
                    the physician''.

        (b) Part B Provisions.--Section 1835(a) of the Social Security Act
    (42 U.S.C. 1395n(a)) is amended--
                (1) in paragraph (2)--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``, a nurse practitioner or clinical nurse
                    specialist (as those terms are defined in section
                    1861(aa)(5)) who is working in accordance with State
                    law, or a physician assistant (as defined in section
                    1861(aa)(5)) who is working in accordance with State
                    law, who is'' after ``in the case of services described
                    in subparagraph (A), a physician''; and
                        (B) in subparagraph (A)--

    [[Page 134 STAT. 420]]

                              (i) in each of clauses (ii) and (iii) of
                          subparagraph (A) by inserting ``, a nurse
                          practitioner, a clinical nurse specialist, or a
                          physician assistant (as the case may be)'' after
                          ``physician''; and
                              (ii) <<NOTE: Deadline.>>  in clause (iv), by
                          striking ``after January 1, 2010'' and all that
                          follows through ``face-to-face encounter'' and
                          inserting ``made by a physician after January 1,
                          2010, or by a nurse practitioner, clinical nurse
                          specialist, or physician assistant (as the case
                          may be) after a date specified by the Secretary
                          (but in no case later than the date that is 6
                          months after the date of the enactment of the
                          CARES Act), prior to making such certification a
                          physician, nurse practitioner, clinical nurse
                          specialist, or physician assistant must document
                          that a physician, nurse practitioner, clinical
                          nurse specialist, certified nurse-midwife (as
                          defined in section 1861(gg)) as authorized by
                          State law, or physician assistant has had a face-
                          to-face encounter'';
                (2) in the third sentence, by inserting ``, nurse
            practitioner, clinical nurse specialist, or physician assistant
            (as the case may be)'' after physician;
                (3) in the fourth sentence--
                        (A) by striking ``physician certification'' and
                    inserting ``certification'';
                        (B) <<NOTE: Regulations. Effective date.>>  by
                    inserting ``(or in the case of regulations to implement
                    the amendments made by section 3708 of the CARES Act the
                    Secretary shall prescribe regulations which shall become
                    effective no later than 6 months after the enactment of
                    such Act)'' after ``1981''; and
                        (C) by striking ``a physician who'' and inserting
                    ``a physician, nurse practitioner, clinical nurse
                    specialist, or physician assistant who'';
                (4) in the fifth sentence, by inserting ``, nurse
            practitioner, clinical nurse specialist, or physician
            assistant'' after ``physician''; and
                (5) in the sixth sentence--
                        (A) by inserting ``or no later than 6 months after
                    the date of the enactment of the CARES Act for purposes
                    of documentation for certification and recertification
                    made under paragraph (2) by a nurse practitioner,
                    clinical nurse specialist, or physician assistant,''
                    after ``January 1, 2019''; and
                        (B) by inserting ``, nurse practitioner, clinical
                    nurse specialist, or physician assistant'' after ``of
                    the physician''.

        (c) Definition Provisions.--
                (1) Home health services.--Section 1861(m) of the Social
            Security Act (42 U.S.C. 1395x(m)) is amended--
                        (A) in the matter preceding paragraph (1)--
                              (i) by inserting ``, a nurse practitioner or a
                          clinical nurse specialist (as those terms are
                          defined in subsection (aa)(5)), or a physician
                          assistant (as defined in subsection (aa)(5))''
                          after ``physician'' the first place it appears;
                          and
                              (ii) by inserting ``, a nurse practitioner, a
                          clinical nurse specialist, or a physician
                          assistant'' after ``physician'' the second place
                          it appears; and

    [[Page 134 STAT. 421]]

                        (B) in paragraph (3), by inserting ``, a nurse
                    practitioner, a clinical nurse specialist, or a
                    physician assistant'' after ``physician''.
                (2) Home health agency.--Section 1861(o)(2) of the Social
            Security Act (42 U.S.C. 1395x(o)(2)) is amended--
                        (A) by inserting ``, nurse practitioners or clinical
                    nurse specialists (as those terms are defined in
                    subsection (aa)(5)), certified nurse-midwives (as
                    defined in subsection (gg)), or physician assistants (as
                    defined in subsection (aa)(5))'' after ``physicians'';
                    and
                        (B) by inserting ``, nurse practitioner, clinical
                    nurse specialist, certified nurse-midwife, physician
                    assistant,'' after ``physician''.
                (3) Covered osteoporosis drug.--Section 1861(kk)(1) of the
            Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by
            inserting ``, nurse practitioner or clinical nurse specialist
            (as those terms are defined in subsection (aa)(5)), certified
            nurse-midwife (as defined in subsection (gg)), or physician
            assistant (as defined in subsection (aa)(5))'' after ``attending
            physician''.

        (d) Home Health Prospective Payment System Provisions.--Section 1895
    of the Social Security Act (42 U.S.C. 1395fff) is amended--
                (1) in subsection (c)(1)--
                        (A) by striking ``(provided under section
                    1842(r))''; and
                        (B) by inserting ``the nurse practitioner or
                    clinical nurse specialist (as those terms are defined in
                    section 1861(aa)(5)), or the physician assistant (as
                    defined in section 1861(aa)(5))'' after ``physician'';
                    and
                (2) in subsection (e)--
                        (A) in paragraph (1)(A), by inserting ``a nurse
                    practitioner or clinical nurse specialist, or a
                    physician assistant'' after ``physician''; and
                        (B) in paragraph (2)--
                              (i) in the heading, by striking ``Physician
                          certification'' and inserting ``Rule of
                          construction regarding requirement for
                          certification''; and
                              (ii) by striking ``physician''.

        (e) <<NOTE: 42 USC 1395f note.>>  Application to Medicaid.--The
    amendments made under this section shall apply under title XIX of the
    Social Security Act in the same manner and to the same extent as such
    requirements apply under title XVIII of such Act or regulations
    promulgated thereunder.

        (f) <<NOTE: Regulations. 42 USC 1395f note.>>  Effective Date.--The
    Secretary of Health and Human Services shall prescribe regulations to
    apply the amendments made by this section to items and services
    furnished, which shall become effective no later than 6 months after the
    date of the enactment of this legislation. The Secretary shall
    promulgate an interim final rule if necessary, to comply with the
    required effective date.
    SEC. 3709. <<NOTE: 2 USC 901a note.>>  ADJUSTMENT OF
                              SEQUESTRATION.

        (a) <<NOTE: Time period.>>  Temporary Suspension of Medicare
    Sequestration.--During the period beginning on May 1, 2020 and ending on
    December 31, 2020, the Medicare programs under title XVIII of the Social
    Security Act (42 U.S.C. 1395 et seq.) shall be exempt from reduction
    under any sequestration order issued before, on, or after the date of
    enactment of this Act.

    [[Page 134 STAT. 422]]

        (b) Extension of Direct Spending Reductions Through Fiscal Year
    2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
                (1) in subparagraph (B), in the matter preceding clause (i),
            by striking ``through 2029'' and inserting ``through 2030''; and
                (2) in subparagraph (C), in the matter preceding clause (i),
            by striking ``fiscal year 2029'' and inserting ``fiscal year
            2030''.
    SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM
                              ADD-ON PAYMENT FOR COVID-19 PATIENTS
                              DURING EMERGENCY PERIOD.

        (a) In General.--Section 1886(d)(4)(C) of the Social Security Act
    (42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end the
    following new clause:
        ``(iv)(I) For discharges occurring during the emergency period
    described in section 1135(g)(1)(B), in the case of a discharge of an
    individual diagnosed with COVID-19, the Secretary shall increase the
    weighting factor that would otherwise apply to the diagnosis-related
    group to which the discharge is assigned by 20 percent. The Secretary
    shall identify a discharge of such an individual through the use of
    diagnosis codes, condition codes, or other such means as may be
    necessary.
        ``(II) Any adjustment under subclause (I) shall not be taken into
    account in applying budget neutrality under clause (iii)
        ``(III) In the case of a State for which the Secretary has waived
    all or part of this section under the authority of section 1115A,
    nothing in this section shall preclude such State from implementing an
    adjustment similar to the adjustment under subclause (I).''.
        (b) <<NOTE: 42 USC 1395ww note.>>  Implementation.--Notwithstanding
    any other provision of law, the Secretary may implement the amendment
    made by subsection (a) by program instruction or otherwise.
    SEC. 3711. <<NOTE: 42 USC 1395ww note.>>  INCREASING ACCESS TO
                              POST-ACUTE CARE DURING EMERGENCY PERIOD.

        (a) Waiver of IRF 3-hour Rule.--With respect to inpatient
    rehabilitation services furnished by a rehabilitation facility described
    in section 1886(j)(1) of the Social Security Act (42 U.S.C.
    1395ww(j)(1)) during the emergency period described in section
    1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)),
    the Secretary of Health and Human Services shall waive section
    412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any
    successor regulations), relating to the requirement that patients of an
    inpatient rehabilitation facility receive at least 15 hours of therapy
    per week.
        (b) Waiver of Site-neutral Payment Rate Provisions for Long-term
    Care Hospitals.--With respect to inpatient hospital services furnished
    by a long-term care hospital described in section 1886(d)(1)(B)(iv) of
    the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the
    emergency period described in section 1135(g)(1)(B) of the Social
    Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and
    Human Services shall waive the following provisions of section
    1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)):
                (1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such
            section, relating to the payment adjustment for long-term care

    [[Page 134 STAT. 423]]

            hospitals that do not have a discharge payment percentage for
            the period that is at least 50 percent.
                (2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of
            such section, relating to the application of the site-neutral
            payment rate (and payment shall be made to a long-term care
            hospital without regard to such section) for a discharge if the
            admission occurs during such emergency period and is in response
            to the public health emergency described in such section
            1135(g)(1)(B).
    SEC. 3712. <<NOTE: 42 USC 1395m note.>>  REVISING PAYMENT RATES
                              FOR DURABLE MEDICAL EQUIPMENT UNDER THE
                              MEDICARE PROGRAM THROUGH DURATION OF
                              EMERGENCY PERIOD.

        (a) Rural and Noncontiguous Areas.--The Secretary of Health and
    Human Services shall implement section 414.210(g)(9)(iii) of title 42,
    Code of Federal Regulations (or any successor regulation), to apply the
    transition rule described in such section to all applicable items and
    services furnished in rural areas and noncontiguous areas (as such terms
    are defined for purposes of such section) as planned through December
    31, 2020, and through the duration of the emergency period described in
    section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
    5(g)(1)(B)), if longer.
        (b) Areas Other Than Rural and Noncontiguous Areas.--With
    respect <<NOTE: Effective date. Applicability.>>  to items and services
    furnished on or after the date that is 30 days after the date of the
    enactment of this Act, the Secretary of Health and Human Services shall
    apply section 414.210(g)(9)(iv) of title 42, Code of Federal Regulations
    (or any successor regulation), as if the reference to ``dates of service
    from June 1, 2018 through December 31, 2020, based on the fee schedule
    amount for the area is equal to 100 percent of the adjusted payment
    amount established under this section'' were instead a reference to
    ``dates of service from March 6, 2020, through the remainder of the
    duration of the emergency period described in section 1135(g)(1)(B) of
    the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), based on the fee
    schedule amount for the area is equal to 75 percent of the adjusted
    payment amount established under this section and 25 percent of the
    unadjusted fee schedule amount''.
    SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF THE
                              MEDICARE PROGRAM WITHOUT ANY COST-
                              SHARING.

        (a) Medical and Other Health Services.--Section 1861(s)(10)(A) of
    the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended by
    inserting ``, and COVID-19 vaccine and its administration'' after
    ``influenza vaccine and its administration''.
        (b) Part B Deductible.--The first sentence of section 1833(b) of the
    Social Security Act (42 U.S.C. 1395l(b)) is amended--
                (1) in paragraph (10), by striking ``and'' at the end; and
                (2) in paragraph (11), by striking the period at the end and
            inserting ``, and (12) such deductible shall not apply with
            respect a COVID-19 vaccine and its administration described in
            section 1861(s)(10)(A).''.

        (c) Medicare Advantage.--Section 1852(a)(1)(B) of the Social
    Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended--
                (1) in clause (iv)--
                        (A) by redesignating subclause (VI) as subclause
                    (VII); and

    [[Page 134 STAT. 424]]

                        (B) by inserting after subclause (V) the following
                    new subclause:
                                        ``(VI) A COVID-19 vaccine and its
                                    administration described in section
                                    1861(s)(10)(A).''; and
                (2) in clause (v), by striking ``subclauses (IV) and (V)''
            inserting ``subclauses (IV), (V), and (VI)''.

        (d) <<NOTE: Applicability. 42 USC 1395l note.>>  Effective Date.--
    The amendments made by this section shall take effect on the date of
    enactment of this Act and shall apply with respect to a COVID-19 vaccine
    beginning on the date that such vaccine is licensed under section 351 of
    the Public Health Service Act (42 U.S.C. 262).

        (e) <<NOTE: 42 USC 1395l note.>>  Implementation.--Notwithstanding
    any other provision of law, the Secretary may implement the provisions
    of, and the amendments made by, this section by program instruction or
    otherwise.
    SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD
                              PLANS TO ALLOW DURING THE COVID-19
                              EMERGENCY PERIOD FOR FILLS AND REFILLS
                              OF COVERED PART D DRUGS FOR UP TO A 3-
                              MONTH SUPPLY.

        (a) In General.--Section 1860D-4(b) of the Social Security Act (42
    U.S.C. 1395w-104(b)) is amended by adding at the end the following new
    paragraph:
                ``(4) Ensuring access during covid-19 public health
            emergency period.--
                        ``(A) In general.--During the emergency period
                    described in section 1135(g)(1)(B), subject to
                    subparagraph (B), a prescription drug plan or MA-PD plan
                    shall, notwithstanding any cost and utilization
                    management, medication therapy management, or other such
                    programs under this part, permit a part D eligible
                    individual enrolled in such plan to obtain in a single
                    fill or refill, at the option of such individual, the
                    total day supply (not to exceed a 90-day supply)
                    prescribed for such individual for a covered part D
                    drug.
                        ``(B) Safety edit exception.--A prescription drug
                    plan or MA-PD plan may not permit a part D eligible
                    individual to obtain a single fill or refill
                    inconsistent with an applicable safety edit.''.

        (b) <<NOTE: 42 USC 1395w-104 note.>>  Implementation.--
    Notwithstanding any other provision of law, the Secretary of Health and
    Human Services may implement the amendment made by this section by
    program instruction or otherwise.
    SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE
                              CARE HOSPITALS.

        Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is
    amended--
                (1) by inserting ``(1)'' after ``(h)'';
                (2) by inserting ``, home and community-based services
            provided under subsection (c), (d), or (i) of section 1915 or
            under a waiver or demonstration project under section 1115,
            self-directed personal assistance services provided pursuant to
            a written plan of care under section 1915(j), and home and
            community-based attendant services and supports under section
            1915(k)'' before the period; and
                (3) by adding at the end the following:

    [[Page 134 STAT. 425]]

        ``(2) Nothing in this title, title XVIII, or title XI shall be
    construed as prohibiting receipt of any care or services specified in
    paragraph (1) in an acute care hospital that are--
                ``(A) identified in an individual's person-centered service
            plan (or comparable plan of care);
                ``(B) provided to meet needs of the individual that are not
            met through the provision of hospital services;
                ``(C) not a substitute for services that the hospital is
            obligated to provide through its conditions of participation or
            under Federal or State law, or under another applicable
            requirement; and
                ``(D) designed to ensure smooth transitions between acute
            care settings and home and community-based settings, and to
            preserve the individual's functional abilities.''.
    SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.

        Subsection (ss) of section 1902 of the Social Security Act (42
    U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families First
    Coronavirus Response Act, is amended--
                (1) in paragraph (1), by inserting ``(excluding subclause
            (VIII) of such subsection if the individual is a resident of a
            State which does not furnish medical assistance to individuals
            described in such subclause)'' before the semicolon; and
                (2) in paragraph (2), by inserting ``, except that
            individuals who are eligible for medical assistance under
            subsection (a)(10)(A)(ii)(XII), subsection
            (a)(10)(A)(ii)(XVIII), subsection (a)(10)(A)(ii)(XXI), or
            subsection (a)(10)(C) (but only to the extent such an individual
            is considered to not have minimum essential coverage under
            section 5000A(f)(1) of the Internal Revenue Code of 1986), or
            who are described in subsection (l)(1)(A) and are eligible for
            medical assistance only because of subsection (a)(10)(A)(i)(IV)
            or (a)(10)(A)(ii)(IX) and whose eligibility for such assistance
            is limited by the State under clause (VII) in the matter
            following subsection (a)(10)(G), shall not be treated as
            enrolled in a Federal health care program for purposes of this
            paragraph'' before the period at the end.
    SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19 TESTING
                              PRODUCTS.

        Subparagraph (B) of section 1905(a)(3) of the Social Security Act
    (42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of the
    Families First Coronavirus Response Act (Public Law 116-127),
    is <<NOTE: Ante, p. 204.>> amended by striking ``that are approved,
    cleared, or authorized under section 510(k), 513, 515 or 564 of the
    Federal Food, Drug, and Cosmetic Act''.
    SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH
                              RESPECT TO CLINICAL DIAGNOSTIC
                              LABORATORY TESTS.

        (a) Revised Reporting Period for Reporting of Private Sector Payment
    Rates for Establishment of Medicare Payment Rates.--Section
    1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
    is amended--
                (1) in clause (i), by striking ``December 31, 2020'' and
            inserting ``December 31, 2021''; and
                (2) in clause (ii)--
                        (A) by striking ``January 1, 2021'' and inserting
                    ``January 1, 2022''; and

    [[Page 134 STAT. 426]]

                        (B) by striking ``March 31, 2021'' and inserting
                    ``March 31, 2022''.

        (b) Revised Phase-in of Reductions From Private Payor Rate
    Implementation.--Section 1834A(b)(3) of the Social Security Act (42
    U.S.C. 1395m-1(b)(3)) is amended--
                (1) in subparagraph (A), by striking ``through 2023'' and
            inserting ``through 2024''; and
                (2) in subparagraph (B)--
                        (A) in clause (i), by striking ``and'' at the end;
                        (B) by redesignating clause (ii) as clause (iii);
                        (C) by inserting after clause (i) the following new
                    clause:
                              ``(ii) for 2021, 0 percent; and''; and
                        (D) in clause (iii), as redesignated by subparagraph
                    (B), by striking ``2021 through 2023'' and inserting
                    ``2022 through 2024''.
    SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED PAYMENT
                              PROGRAM DURING THE COVID-19 PUBLIC
                              HEALTH EMERGENCY.

        Section 1815 of the Social Security Act (42 U.S.C. 1395g) is
    amended--
                (1) in subsection (e)(3), by striking ``In the case'' and
            inserting ``Subject to subsection (f), in the case''; and
                (2) by adding at the end the following new subsection:

        ``(f)(1) During the emergency period described in section
    1135(g)(1)(B), the Secretary shall expand the program under subsection
    (e)(3) pursuant to paragraph (2).
        ``(2) <<NOTE: Applicability.>>  In expanding the program under
    subsection (e)(3), the following shall apply:
                ``(A)(i) In addition to the hospitals described in
            subsection (e)(3), the following hospitals shall be eligible to
            participate in the program:
                        ``(I) Hospitals described in clause (iii) of section
                    1886(d)(1)(B).
                        ``(II) Hospitals described in clause (v) of such
                    section.
                        ``(III) Critical access hospitals (as defined in
                    section 1861(mm)(1)).
                ``(ii) Subject to appropriate safeguards against fraud,
            waste, and abuse, upon a request of a hospital described in
            clause (i), the Secretary shall provide accelerated payments
            under the program to such hospital.
                ``(B) Upon the request of the hospital, the Secretary may do
            any of the following:
                        ``(i) Make accelerated payments on a periodic or
                    lump sum basis.
                        ``(ii) Increase the amount of payment that would
                    otherwise be made to hospitals under the program up to
                    100 percent (or, in the case of critical access
                    hospitals, up to 125 percent).
                        ``(iii) <<NOTE: Time period.>>  Extend the period
                    that accelerated payments cover so that it covers up to
                    a 6-month period.
                ``(C) <<NOTE: Time periods.>>  Upon the request of the
            hospital, the Secretary shall do the following:
                        ``(i) Provide up to 120 days before claims are
                    offset to recoup the accelerated payment.

    [[Page 134 STAT. 427]]

                        ``(ii) Allow not less than 12 months from the date
                    of the first accelerated payment before requiring that
                    the outstanding balance be paid in full.

        ``(3) Nothing in this subsection shall preclude the Secretary from
    carrying out the provisions described in clauses (i), (ii), and (iii) of
    paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) under the
    program under subsection (e)(3) after the period for which this
    subsection applies.
        ``(4) Notwithstanding any other provision of law, the Secretary may
    implement the provisions of this subsection by program instruction or
    otherwise.''.
    SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE STATE
                              LEGISLATION NECESSARY FOR COMPLIANCE.

        Section 6008 of the Families First Coronavirus
    Response <<NOTE: Ante, p. 208.>>  Act is amended by adding at the end
    the following new subsection:

        ``(d) <<NOTE: Time period. Effective date.>>  Delay in Application
    of Premium Requirement.--During the 30 day period beginning on the date
    of enactment of this Act, a State shall not be ineligible for the
    increase to the Federal medical assistance percentage of the State
    described in subsection (a) on the basis that the State imposes a
    premium that violates the requirement of subsection (b)(2) if such
    premium was in effect on the date of enactment of this Act.''.

                 Subtitle E--Health and Human Services Extenders

                           PART I--MEDICARE PROVISIONS

    SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
                              MEDICARE PROGRAM.

        Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
    4(e)(1)(E)) is amended by striking ``May 23, 2020'' and inserting
    ``December 1, 2020''.
    SEC. 3802. <<NOTE: Time period.>>  EXTENSION OF FUNDING FOR
                              QUALITY MEASURE ENDORSEMENT, INPUT, AND
                              SELECTION.

        (a) In General.--Section 1890(d)(2) of the Social Security Act (42
    U.S.C. 1395aaa(d)(2)) is amended--
                (1) in the first sentence, by striking ``and $4,830,000 for
            the period beginning on October 1, 2019, and ending on May 22,
            2020'' and inserting ``$20,000,000 for fiscal year 2020, and for
            the period beginning on October 1, 2020, and ending on November
            30, 2020, the amount equal to the pro rata portion of the amount
            appropriated for such period for fiscal year 2020''; and
                (2) in the third sentence, by striking ``and 2019 and for
            the period beginning on October 1, 2019, and ending on May 22,
            2020'' and inserting ``, 2019, and 2020, and for the period
            beginning on October 1, 2020, and ending on November 30,
            2020,''.

        (b) <<NOTE: 42 USC 1395aaa note.>>  Effective Date.--The amendments
    made by subsection (a) shall take effect as if included in the enactment
    of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
    94).

    [[Page 134 STAT. 428]]

    SEC. <<NOTE: Time period.>> 3803. EXTENSION OF FUNDING OUTREACH
                              AND ASSISTANCE FOR LOW-INCOME PROGRAMS.

        (a) Funding Extensions.--
                (1) Additional funding for state health insurance
            programs.--Subsection (a)(1)(B) of section 119 of the Medicare
            Improvements for Patients and Providers Act of 2008 (42 U.S.C.
            1395b-3 note), as amended by section 3306 of the Patient
            Protection and Affordable Care Act (Public Law 111-148), section
            610 of the American Taxpayer Relief Act of 2012 (Public Law 112-
            240), section 1110 of the Pathway for SGR Reform Act of 2013
            (Public Law 113-67), section 110 of the Protecting Access to
            Medicare Act of 2014 (Public Law 113-93), section 208 of the
            Medicare Access and CHIP Reauthorization Act of 2015 (Public Law
            114-10), section 50207 of division E of the Bipartisan Budget
            Act of 2018 (Public Law 115-123), section 1402 of division B of
            the Continuing Appropriations Act, 2020, and Health Extenders
            Act of 2019 (Public Law 116-59), section 1402 of division B of
            the Further Continuing Appropriations Act, 2020, and Further
            Health Extenders Act of 2019 (Public Law 116-69), and section
            103 of division N of the Further Consolidated Appropriations
            Act, 2020 (Public Law 116-94) is amended by striking clauses (x)
            through (xii) and inserting the following new clauses:
                              ``(x) for fiscal year 2020, of $13,000,000;
                          and
                              ``(xi) for the period beginning on October 1,
                          2020, and ending on November 30, 2020, the amount
                          equal to the pro rata portion of the amount
                          appropriated for such period for fiscal year
                          2020.''.
                (2) Additional funding for area agencies on aging.--
            Subsection (b)(1)(B) of such section 119, as so amended, is
            amended by striking clauses (x) through (xii) and inserting the
            following new clauses:
                              ``(x) for fiscal year 2020, of $7,500,000; and
                              ``(xi) for the period beginning on October 1,
                          2020, and ending on November 30, 2020, the amount
                          equal to the pro rata portion of the amount
                          appropriated for such period for fiscal year
                          2020.''.
                (3) Additional funding for aging and disability resource
            centers.--Subsection (c)(1)(B) of such section 119, as so
            amended, is amended by striking clauses (x) through (xii) and
            inserting the following new clauses:
                              ``(x) for fiscal year 2020, of $5,000,000; and
                              ``(xi) for the period beginning on October 1,
                          2020, and ending on November 30, 2020, the amount
                          equal to the pro rata portion of the amount
                          appropriated for such period for fiscal year
                          2020.''.
                (4) Additional funding for contract with the national center
            for benefits and outreach enrollment.--Subsection (d)(2) of such
            section 119, as so amended, is amended by striking clauses (x)
            through (xii) and inserting the following new clauses:
                              ``(x) for fiscal year 2020, of $12,000,000;
                          and
                              ``(xi) for the period beginning on October 1,
                          2020, and ending on November 30, 2020, the amount
                          equal to the pro rata portion of the amount
                          appropriated for such period for fiscal year
                          2020.''.

    [[Page 134 STAT. 429]]

        (b) <<NOTE: 42 USC 1395b-3 note.>>  Effective Date.--The amendments
    made by subsection (a) shall take effect as if included in the enactment
    of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
    94).

                          PART II--MEDICAID PROVISIONS

    SEC. 3811. <<NOTE: Time period.>> EXTENSION OF THE MONEY FOLLOWS
                              THE PERSON REBALANCING DEMONSTRATION
                              PROGRAM.

        Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
    1396a note) is amended--
                (1) in paragraph (1), by striking subparagraph (G) and
            inserting the following:
                        ``(G) subject to paragraph (3), $337,500,000 for the
                    period beginning on January 1, 2020, and ending on
                    September 30, 2020; and
                        ``(H) subject to paragraph (3), for the period
                    beginning on October 1, 2020, and ending on November 30,
                    2020, the amount equal to the pro rata portion of the
                    amount appropriated for such period for fiscal year
                    2020.''; and
                (2) in paragraph (3), by striking ``and (G)'' and inserting
            ``, (G), and (H)''.
    SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

        (a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
    1396r-5 note) is amended by striking ``May 22, 2020'' and inserting
    ``November 30, 2020''.
        (b) <<NOTE: 42 USC 1396a note.>>  Rule of Construction.--Nothing in
    section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
    1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
    1396r-5) shall be construed as prohibiting a State from--
                (1) applying an income or resource disregard under a
            methodology authorized under section 1902(r)(2) of such Act (42
            U.S.C. 1396a(r)(2))--
                        (A) to the income or resources of an individual
                    described in section 1902(a)(10)(A)(ii)(VI) of such Act
                    (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
                    disregard of the income or resources of such
                    individual's spouse); or
                        (B) on the basis of an individual's need for home
                    and community-based services authorized under subsection
                    (c), (d), (i), or (k) of section 1915 of such Act (42
                    U.S.C. 1396n) or under section 1115 of such Act (42
                    U.S.C. 1315); or
                (2) disregarding an individual's spousal income and assets
            under a plan amendment to provide medical assistance for home
            and community-based services for individuals by reason of being
            determined eligible under section 1902(a)(10)(C) of such Act (42
            U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
            Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
            reduction of income based on costs incurred for medical or other
            remedial care under which the State disregarded the income and
            assets of the individual's spouse in determining the initial and
            ongoing financial eligibility of an individual for such services
            in place of the spousal impoverishment provisions applied under
            section 1924 of such Act (42 U.S.C. 1396r-5).
    SEC. 3813. DELAY OF DSH REDUCTIONS.

        Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
    4(f)(7)(A)) is amended--

    [[Page 134 STAT. 430]]

                (1) in clause (i), in the matter preceding subclause (I), by
            striking ``May 23, 2020, and ending September 30, 2020, and for
            each of fiscal years 2021'' and inserting ``December 1, 2020,
            and ending September 30, 2021, and for each of fiscal years
            2022''; and
                (2) in clause (ii)--
                        (A) in subclause (I), by striking ``May 23, 2020,
                    and ending September 30, 2020'' and inserting ``December
                    1, 2020, and ending September 30, 2021''; and
                        (B) in subclause (II), by striking ``2021'' and
                    inserting ``2022''.
    SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH
                              SERVICES DEMONSTRATION PROGRAM.

        (a) In General.--Section 223(d) of the Protecting Access to Medicare
    Act of 2014 (42 U.S.C. 1396a note) is amended--
                (1) in paragraph (3)--
                        (A) by striking ``Not more than'' and inserting
                    ``Subject to paragraph (8), not more than''; and
                        (B) by striking ``May 22, 2020'' and inserting
                    ``November 30, 2020''; and
                (2) by adding at the end the following new paragraph:
                ``(8) Additional programs.--
                        ``(A) <<NOTE: Deadline.>>  In general.--Not later
                    than 6 months after the date of enactment of this
                    paragraph, in addition to the 8 States selected under
                    paragraph (1), the Secretary shall select 2 States to
                    participate in 2-year demonstration programs that meet
                    the requirements of this subsection.
                        ``(B) Selection of states.--
                              ``(i) In general.--Subject to clause (ii), in
                          selecting States under this paragraph, the
                          Secretary--
                                        ``(I) shall select States that--
                                                ``(aa) were awarded planning
                                            grants under subsection (c); and
                                                ``(bb) applied to
                                            participate in the demonstration
                                            programs under this subsection
                                            under paragraph (1) but, as of
                                            the date of enactment of this
                                            paragraph, were not selected to
                                            participate under paragraph (1);
                                            and
                                        ``(II) shall use the results of the
                                    Secretary's evaluation of each State's
                                    application under paragraph (1) to
                                    determine which States to select, and
                                    shall not require the submission of any
                                    additional application.
                        ``(C) Requirements for selected states.--Prior to
                    services being delivered under the demonstration
                    authority in a State selected under this paragraph, the
                    State shall--
                              ``(i) <<NOTE: Plan.>>  submit a plan to
                          monitor certified community behavioral health
                          clinics under the demonstration program to ensure
                          compliance with certified community behavioral
                          health criteria during the demonstration period;
                          and
                              ``(ii) <<NOTE: Data. Notification.>>  commit
                          to collecting data, notifying the Secretary of any
                          planned changes that would deviate from the
                          prospective payment system methodology outlined in
                          the State's demonstration application, and
                          obtaining

    [[Page 134 STAT. 431]]

                          approval from the Secretary for any such change
                          before implementing the change.''.

        (b) Limitation.--Section 223(d)(5) of the Protecting Access to
    Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
                (1) in subparagraph (B), in the matter preceding clause (i),
            by striking ``The Federal matching'' and inserting ``Subject to
            subparagraph (C)(iii), the Federal matching''; and
                (2) in subparagraph (C), by adding at the end the following
            new clause:
                              ``(iii) Payments for amounts expended after
                          2019.--The Federal matching percentage applicable
                          under subparagraph (B) to amounts expended by a
                          State participating in the demonstration program
                          under this subsection shall--
                                        ``(I) <<NOTE: Effective date. Time
                                    period.>>  in the case of a State
                                    participating in the demonstration
                                    program as of January 1, 2020, apply to
                                    amounts expended by the State during the
                                    8 fiscal quarter period (or any portion
                                    of such period) that begins on January
                                    1, 2020; and
                                        ``(II) in the case of a State
                                    selected to participate in the
                                    demonstration program under paragraph
                                    (8), during first 8 fiscal quarter
                                    period (or any portion of such period)
                                    that the State participates in a
                                    demonstration program.''.

        (c) GAO Study and Report on the Community and Mental Health Services
    Demonstration Program.--
                (1) In general.--Not later than 18 months after the date of
            the enactment of this Act, the Comptroller General of the United
            States shall submit to the Committee on Energy and Commerce of
            the House of Representatives and the Committee on Finance of the
            Senate a report on the community and mental health services
            demonstration program conducted under section 223 of the
            Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note)
            (referred to in this subsection as the ``demonstration
            program'').
                (2) Content of report.--The report required under paragraph
            (1) shall include the following information:
                        (A) Information on States' experiences participating
                    in the demonstration program, including the extent to
                    which States--
                              (i) measure the effects of access to certified
                          community behavioral health clinics on patient
                          health and cost of care, including--
                                        (I) engagement in treatment for
                                    behavioral health conditions;
                                        (II) relevant clinical outcomes, to
                                    the extent collected;
                                        (III) screening and treatment for
                                    comorbid medical conditions; and
                                        (IV) use of crisis stabilization,
                                    emergency department, and inpatient
                                    care.
                        (B) Information on Federal efforts to evaluate the
                    demonstration program, including--
                              (i) quality measures used to evaluate the
                          program;
                              (ii) assistance provided to States on data
                          collection and reporting;

    [[Page 134 STAT. 432]]

                              (iii) <<NOTE: Assessments.>>  assessments of
                          the reliability and usefulness of State-submitted
                          data; and
                              (iv) the extent to which such efforts provide
                          information on the relative quality, scope, and
                          cost of services as compared with services not
                          provided under the demonstration program, and in
                          comparison to Medicaid beneficiaries with mental
                          illness and substance use disorders not served
                          under the demonstration program.
                        (C) <<NOTE: Recommenda- tions.>>  Recommendations
                    for improvements to the following:
                              (i) The reporting, accuracy, and validation of
                          encounter data.
                              (ii) Accuracy in payments to certified
                          community behavioral health clinics under State
                          plans or waivers under title XIX of the Social
                          Security Act (42 U.S.C. 1396 et seq.).

               PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS

    SEC. 3821. <<NOTE: Time period.>>  EXTENSION OF SEXUAL RISK
                              AVOIDANCE EDUCATION PROGRAM.

        Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), in the matter preceding
                    subparagraph (A)--
                              (i) by striking ``and 2019 and for the period
                          beginning October 1, 2019, and ending May 22,
                          2020'' and inserting ``through 2020 and for the
                          period beginning October 1, 2020, and ending
                          November 30, 2020''; and
                              (ii) by striking ``fiscal year 2020'' and
                          inserting ``fiscal year 2021''
                        (B) in paragraph (2)(A)--
                              (i) by striking ``and 2019 and for the period
                          beginning October 1, 2019, and ending May 22,
                          2020'' and inserting ``through 2020 and for the
                          period beginning October 1, 2020, and ending
                          November 30, 2020''; and
                              (ii) by striking ``fiscal year 2020'' and
                          inserting ``fiscal year 2021''; and
                (2) in subsection (f)(1), by striking ``and 2019 and
            $48,287,671 for the period beginning October 1, 2019, and ending
            May 22, 2020'' and inserting ``through 2020, and for the period
            beginning on October 1, 2020, and ending on November 30, 2020,
            the amount equal to the pro rata portion of the amount
            appropriated for such period for fiscal year 2020''.
    SEC. 3822. <<NOTE: Time periods.>>  EXTENSION OF PERSONAL
                              RESPONSIBILITY EDUCATION PROGRAM.

        Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--

    [[Page 134 STAT. 433]]

                              (i) in subparagraph (A), in the matter
                          preceding clause (i), by striking ``2019 and for
                          the period beginning October 1, 2019, and ending
                          May 22, 2020'' and inserting ``2020 and for the
                          period beginning October 1, 2020, and ending
                          November 30, 2020''; and
                              (ii) in subparagraph (B)(i), by striking by
                          striking ``October 1, 2019, and ending May 22,
                          2020'' and inserting ``October 1, 2020, and ending
                          November 30, 2020'';
                (2) in paragraph (4)(A), by striking ``2019'' each place it
            appears and inserting ``2020''; and
                (3) in subsection (f), by striking ``2019 and $48,287,671
            for the period beginning October 1, 2019, and ending May 22,
            2020'' and inserting ``2020, and for the period beginning on
            October 1, 2020, and ending on November 30, 2020, the amount
            equal to the pro rata portion of the amount appropriated for
            such period for fiscal year 2020''.
    SEC. 3823. <<NOTE: 42 USC 1397g note.>>  EXTENSION OF
                              DEMONSTRATION PROJECTS TO ADDRESS HEALTH
                              PROFESSIONS WORKFORCE NEEDS.

        Activities authorized by section 2008 of the Social Security Act
    shall continue through November 30, 2020, in the manner authorized for
    fiscal year 2019, and out of any money in the Treasury of the United
    States not otherwise appropriated, there are hereby appropriated such
    sums as may be necessary for such purpose. Grants and payments may be
    made pursuant to this authority through the date so specified at the pro
    rata portion of the total amount authorized for such activities in
    fiscal year 2019.
    SEC. 3824. <<NOTE: 42 USC 601 note.>>  EXTENSION OF THE TEMPORARY
                              ASSISTANCE FOR NEEDY FAMILIES PROGRAM
                              AND RELATED PROGRAMS.

        Activities authorized by part A of title IV and section 1108(b) of
    the Social Security Act shall continue through November 30, 2020, in the
    manner authorized for fiscal year 2019, and out of any money in the
    Treasury of the United States not otherwise appropriated, there are
    hereby appropriated such sums as may be necessary for such purpose.

                        PART IV--PUBLIC HEALTH PROVISIONS

    SEC. 3831. <<NOTE: Time periods.>>  EXTENSION FOR COMMUNITY HEALTH
                              CENTERS, THE NATIONAL HEALTH SERVICE
                              CORPS, AND TEACHING HEALTH CENTERS THAT
                              OPERATE GME PROGRAMS.

        (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
    Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
    amended by striking ``and $2,575,342,466 for the period beginning on
    October 1, 2019, and ending on May 22, 2020'' and inserting
    ``$4,000,000,000 for fiscal year 2020, and $668,493,151 for the period
    beginning on October 1, 2020, and ending on November 30, 2020''.
        (b) National Health Service Corps.--Section 10503(b)(2) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is
    amended--
                (1) in subparagraph (F), by striking ``and'' at the end; and
                (2) by striking subparagraph (G) and inserting the
            following:

    [[Page 134 STAT. 434]]

                        ``(G) $310,000,000 for fiscal year 2020; and
                        ``(H) $51,808,219 for the period beginning on
                    October 1, 2020, and ending on November 30, 2020.''.

        (c) Teaching Health Centers That Operate Graduate Medical Education
    Programs.--Section 340H(g)(1) of the Public Health Service Act (42
    U.S.C. 256h(g)(1)) is amended by striking ``and 2019, and $81,445,205
    for the period beginning on October 1, 2019, and ending on May 22,
    2020'' and inserting ``through fiscal year 2020, and $21,141,096 for the
    period beginning on October 1, 2020, and ending on November 30, 2020''.
        (d) Application of Provisions.--Amounts appropriated pursuant to the
    amendments made by this section for fiscal year 2020 and for the period
    beginning on October 1, 2020, and ending on November 30, 2020, shall be
    subject to the requirements contained in Public Law 116-94 for funds for
    programs authorized under sections 330 through 340 of the Public Health
    Service Act (42 U.S.C. 254 through 256).
        (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title
    18, United States Code, as amended by section 401(e) of division N of
    Public Law 116-94, is amended by striking ``section 401(d) of division N
    of the Further Consolidated Appropriations Act, 2020'' and inserting
    ``section 3831 of the CARES Act''.
    SEC. 3832. <<NOTE: Time period.>>  DIABETES PROGRAMS.

        (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
    (42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``and 2019, and
    $96,575,342 for the period beginning on October 1, 2019, and ending on
    May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the
    period beginning on October 1, 2020, and ending on November 30, 2020''.
        (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act
    (42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``and 2019, and
    $96,575,342 for the period beginning on October 1, 2019, and ending on
    May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the
    period beginning on October 1, 2020, and ending on November 30, 2020''.

                        PART V--MISCELLANEOUS PROVISIONS

    SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL YEAR
                              2020.

         Expenditures made under any provision of law amended in this title
    pursuant to the amendments made by the Continuing Appropriations Act,
    2020, and Health Extenders Act of 2019 (Public Law 116-59), the Further
    Continuing Appropriations Act, 2020, and Further Health Extenders Act of
    2019 (Public Law 116-69), and the Further Consolidated Appropriations
    Act, 2020 (Public Law 116-94) for fiscal year 2020 shall be charged to
    the applicable appropriation or authorization provided by the amendments
    made by this title to such provision of law for such fiscal year.

    [[Page 134 STAT. 435]]

                       Subtitle F--Over-the-Counter Drugs

                             PART I--OTC DRUG REVIEW

    SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE
                              MARKETED WITHOUT AN APPROVED DRUG
                              APPLICATION.

        (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
    Act is amended by inserting after section 505F of such Act (21 U.S.C.
    355g) the following:
    ``SEC. 505G. <<NOTE: 21 USC 355h.>>  REGULATION OF CERTAIN
                              NONPRESCRIPTION DRUGS THAT ARE MARKETED
                              WITHOUT AN APPROVED DRUG APPLICATION.

        ``(a) Nonprescription Drugs Marketed Without an Approved
    Application.--Nonprescription drugs marketed without an approved drug
    application under section 505, as of the date of the enactment of this
    section, shall be treated in accordance with this subsection.
                ``(1) Drugs subject to a final monograph; category i drugs
            subject to a tentative final monograph.--A drug is deemed to be
            generally recognized as safe and effective under section
            201(p)(1), not a new drug under section 201(p), and not subject
            to section 503(b)(1), if--
                        ``(A) the drug is--
                              ``(i) in conformity with the requirements for
                          nonprescription use of a final monograph issued
                          under part 330 of title 21, Code of Federal
                          Regulations (except as provided in paragraph (2)),
                          the general requirements for nonprescription
                          drugs, and conditions or requirements under
                          subsections (b), (c), and (k); and
                              ``(ii) except as permitted by an order issued
                          under subsection (b) or, in the case of a minor
                          change in the drug, in conformity with an order
                          issued under subsection (c), in a dosage form
                          that, immediately prior to the date of the
                          enactment of this section, has been used to a
                          material extent and for a material time under
                          section 201(p)(2); or
                        ``(B) the drug is--
                              ``(i) classified in category I for safety and
                          effectiveness under a tentative final monograph
                          that is the most recently applicable proposal or
                          determination issued under part 330 of title 21,
                          Code of Federal Regulations;
                              ``(ii) in conformity with the proposed
                          requirements for nonprescription use of such
                          tentative final monograph, any applicable
                          subsequent determination by the Secretary, the
                          general requirements for nonprescription drugs,
                          and conditions or requirements under subsections
                          (b), (c), and (k); and
                              ``(iii) except as permitted by an order issued
                          under subsection (b) or, in the case of a minor
                          change in the drug, in conformity with an order
                          issued under subsection (c), in a dosage form
                          that, immediately prior to the date of the
                          enactment of this section, has been used to a
                          material extent and for a material time under
                          section 201(p)(2).

    [[Page 134 STAT. 436]]

                ``(2) Treatment of sunscreen drugs.--With respect to
            sunscreen drugs subject to this section, the applicable
            requirements in terms of conformity with a final monograph, for
            purposes of paragraph (1)(A)(i), shall be the requirements
            specified in part 352 of title 21, Code of Federal Regulations,
            as published on May 21, 1999, beginning on page 27687 of volume
            64 of the Federal Register, except that the applicable
            requirements governing effectiveness and labeling shall be those
            specified in section 201.327 of title 21, Code of Federal
            Regulations.
                ``(3) Category iii drugs subject to a tentative final
            monograph; category i drugs subject to proposed monograph or
            advance notice of proposed rulemaking.--A drug that is not
            described in paragraph (1), (2), or (4) is not required to be
            the subject of an application approved under section 505, and is
            not subject to section 503(b)(1), if--
                        ``(A) the drug is--
                              ``(i) classified in category III for safety or
                          effectiveness in the preamble of a proposed rule
                          establishing a tentative final monograph that is
                          the most recently applicable proposal or
                          determination for such drug issued under part 330
                          of title 21, Code of Federal Regulations;
                              ``(ii) in conformity with--
                                        ``(I) the conditions of use,
                                    including indication and dosage
                                    strength, if any, described for such
                                    category III drug in such preamble or in
                                    an applicable subsequent proposed rule;
                                        ``(II) the proposed requirements for
                                    drugs classified in such tentative final
                                    monograph in category I in the most
                                    recently proposed rule establishing
                                    requirements related to such tentative
                                    final monograph and in any final rule
                                    establishing requirements that are
                                    applicable to the drug; and
                                        ``(III) the general requirements for
                                    nonprescription drugs and conditions or
                                    requirements under subsection (b) or
                                    (k); and
                              ``(iii) in a dosage form that, immediately
                          prior to the date of the enactment of this
                          section, had been used to a material extent and
                          for a material time under section 201(p)(2); or
                        ``(B) the drug is--
                              ``(i) classified in category I for safety and
                          effectiveness under a proposed monograph or
                          advance notice of proposed rulemaking that is the
                          most recently applicable proposal or determination
                          for such drug issued under part 330 of title 21,
                          Code of Federal Regulations;
                              ``(ii) in conformity with the requirements for
                          nonprescription use of such proposed monograph or
                          advance notice of proposed rulemaking, any
                          applicable subsequent determination by the
                          Secretary, the general requirements for
                          nonprescription drugs, and conditions or
                          requirements under subsection (b) or (k); and
                              ``(iii) in a dosage form that, immediately
                          prior to the date of the enactment of this
                          section, has been used to a material extent and
                          for a material time under section 201(p)(2).

    [[Page 134 STAT. 437]]

                ``(4) <<NOTE: Effective date. Determination.>>  Category ii
            drugs deemed new drugs.--A drug that is classified in category
            II for safety or effectiveness under a tentative final monograph
            or that is subject to a determination to be not generally
            recognized as safe and effective in a proposed rule that is the
            most recently applicable proposal issued under part 330 of title
            21, Code of Federal Regulations, shall be deemed to be a new
            drug under section 201(p), misbranded under section 502(ee), and
            subject to the requirement for an approved new drug application
            under section 505 beginning on the day that is 180 calendar days
            after the date of the enactment of this section, unless, before
            such day, the Secretary determines that it is in the interest of
            public health to extend the period during which the drug may be
            marketed without such an approved new drug application.
                ``(5) Drugs not grase deemed new drugs.--A drug that the
            Secretary has determined not to be generally recognized as safe
            and effective under section 201(p)(1) under a final
            determination issued under part 330 of title 21, Code of Federal
            Regulations, shall be deemed to be a new drug under section
            201(p), misbranded under section 502(ee), and subject to the
            requirement for an approved new drug application under section
            505.
                ``(6) Other drugs deemed new drugs.--Except as provided in
            subsection (m), a drug is deemed to be a new drug under section
            201(p) and misbranded under section 502(ee) if the drug--
                        ``(A) is not subject to section 503(b)(1); and
                        ``(B) is not described in paragraph (1), (2), (3),
                    (4), or (5), or subsection (b)(1)(B).

        ``(b) Administrative Orders.--
                ``(1) In general.--
                        ``(A) Determination.--The Secretary may, on the
                    initiative of the Secretary or at the request of one or
                    more requestors, issue an administrative order
                    determining whether there are conditions under which a
                    specific drug, a class of drugs, or a combination of
                    drugs, is determined to be--
                              ``(i) not subject to section 503(b)(1); and
                              ``(ii) generally recognized as safe and
                          effective under section 201(p)(1).
                        ``(B) Effect.--A drug or combination of drugs shall
                    be deemed to not require approval under section 505 if
                    such drug or combination of drugs--
                              ``(i) is determined by the Secretary to meet
                          the conditions specified in clauses (i) and (ii)
                          of subparagraph (A);
                              ``(ii) is marketed in conformity with an
                          administrative order under this subsection;
                              ``(iii) meets the general requirements for
                          nonprescription drugs; and
                              ``(iv) meets the requirements under
                          subsections (c) and (k).
                        ``(C) Standard.--The Secretary shall find that a
                    drug is not generally recognized as safe and effective
                    under section 201(p)(1) if--

    [[Page 134 STAT. 438]]

                              ``(i) the evidence shows that the drug is not
                          generally recognized as safe and effective under
                          section 201(p)(1); or
                              ``(ii) the evidence is inadequate to show that
                          the drug is generally recognized as safe and
                          effective under section 201(p)(1).
                ``(2) Administrative orders initiated by the secretary.--
                        ``(A) In general.--In issuing an administrative
                    order under paragraph (1) upon the Secretary's
                    initiative, the Secretary shall--
                              ``(i) <<NOTE: Notification. Deadline.>>  make
                          reasonable efforts to notify informally, not later
                          than 2 business days before the issuance of the
                          proposed order, the sponsors of drugs who have a
                          listing in effect under section 510(j) for the
                          drugs or combination of drugs that will be subject
                          to the administrative order;
                              ``(ii) after any such reasonable efforts of
                          notification--
                                        ``(I) <<NOTE: Web posting.>>  issue
                                    a proposed administrative order by
                                    publishing it on the website of the Food
                                    and Drug Administration and include in
                                    such order the reasons for the issuance
                                    of such order; and
                                        ``(II) <<NOTE: Notice. Federal
                                    Register, publication. Public
                                    comment. Time period.>>  publish a
                                    notice of availability of such proposed
                                    order in the Federal Register;
                              ``(iii) except as provided in subparagraph
                          (B), provide for a public comment period with
                          respect to such proposed order of not less than 45
                          calendar days; and
                              ``(iv) <<NOTE: Determination.>>  if, after
                          completion of the proceedings specified in clauses
                          (i) through (iii), the Secretary determines that
                          it is appropriate to issue a final administrative
                          order--
                                        ``(I) issue the final administrative
                                    order, together with a detailed
                                    statement of reasons, which order shall
                                    not take effect until the time for
                                    requesting judicial review under
                                    paragraph (3)(D)(ii) has expired;
                                        ``(II) <<NOTE: Notice. Federal
                                    Register, publication. Deadlines.>>
                                    publish a notice of such final
                                    administrative order in the Federal
                                    Register;
                                        ``(III) afford requestors of drugs
                                    that will be subject to such order the
                                    opportunity for formal dispute
                                    resolution up to the level of the
                                    Director of the Center for Drug
                                    Evaluation and Research, which initially
                                    must be requested within 45 calendar
                                    days of the issuance of the order, and,
                                    for subsequent levels of appeal, within
                                    30 calendar days of the prior decision;
                                    and
                                        ``(IV) except with respect to drugs
                                    described in paragraph (3)(B), upon
                                    completion of the formal dispute
                                    resolution procedure, inform the persons
                                    which sought such dispute resolution of
                                    their right to request a hearing.
                        ``(B) Exceptions.--When issuing an administrative
                    order under paragraph (1) on the Secretary's initiative
                    proposing to determine that a drug described in
                    subsection (a)(3) is not generally recognized as safe
                    and effective under

    [[Page 134 STAT. 439]]

                    section 201(p)(1), the Secretary shall follow the
                    procedures in subparagraph (A), except that--
                              ``(i) <<NOTE: Notice.>>  the proposed order
                          shall include notice of--
                                        ``(I) the general categories of data
                                    the Secretary has determined necessary
                                    to establish that the drug is generally
                                    recognized as safe and effective under
                                    section 201(p)(1); and
                                        ``(II) the format for submissions by
                                    interested persons;
                              ``(ii) <<NOTE: Public comment. Time period.>>
                          the Secretary shall provide for a public comment
                          period of no less than 180 calendar days with
                          respect to such proposed order, except when the
                          Secretary determines, for good cause, that a
                          shorter period is in the interest of public
                          health; and
                              ``(iii) <<NOTE: Certification.>>  any person
                          who submits data in such comment period shall
                          include a certification that the person has
                          submitted all evidence created, obtained, or
                          received by that person that is both within the
                          categories of data identified in the proposed
                          order and relevant to a determination as to
                          whether the drug is generally recognized as safe
                          and effective under section 201(p)(1).
                ``(3) Hearings; judicial review.--
                        ``(A) In general.--Only a person who participated in
                    each stage of formal dispute resolution under subclause
                    (III) of paragraph (2)(A)(iv) of an administrative order
                    with respect to a drug may request a hearing concerning
                    a final administrative order issued under such paragraph
                    with respect to such drug. <<NOTE: Deadline.>>  If a
                    hearing is sought, such person must submit a request for
                    a hearing, which shall be based solely on information in
                    the administrative record, to the Secretary not later
                    than 30 calendar days after receiving notice of the
                    final decision of the formal dispute resolution
                    procedure.
                        ``(B) No hearing required with respect to orders
                    relating to certain drugs.--
                              ``(i) In general.--The Secretary shall not be
                          required to provide notice and an opportunity for
                          a hearing pursuant to paragraph (2)(A)(iv) if the
                          final administrative order involved relates to a
                          drug--
                                        ``(I) that is described in
                                    subsection (a)(3)(A); and
                                        ``(II) with respect to which no
                                    human or non-human data studies relevant
                                    to the safety or effectiveness of such
                                    drug have been submitted to the
                                    administrative record since the issuance
                                    of the most recent tentative final
                                    monograph relating to such drug.
                              ``(ii) Human data studies and non-human data
                          defined.--In this subparagraph:
                                        ``(I) The term `human data studies'
                                    means clinical trials of safety or
                                    effectiveness (including actual use
                                    studies), pharmacokinetics studies, or
                                    bioavailability studies.
                                        ``(II) The term `non-human data'
                                    means data from testing other than with
                                    human subjects which

    [[Page 134 STAT. 440]]

                                    provides information concerning safety
                                    or effectiveness.
                        ``(C) Hearing procedures.--
                              ``(i) <<NOTE: Determination.>>  Denial of
                          request for hearing.--If the Secretary determines
                          that information submitted in a request for a
                          hearing under subparagraph (A) with respect to a
                          final administrative order issued under paragraph
                          (2)(A)(iv) does not identify the existence of a
                          genuine and substantial question of material fact,
                          the Secretary may deny such request. In making
                          such a determination, the Secretary may consider
                          only information and data that are based on
                          relevant and reliable scientific principles and
                          methodologies.
                              ``(ii) Single hearing for multiple related
                          requests.--If more than one request for a hearing
                          is submitted with respect to the same
                          administrative order under subparagraph (A), the
                          Secretary may direct that a single hearing be
                          conducted in which all persons whose hearing
                          requests were granted may participate.
                              ``(iii) Presiding officer.--The presiding
                          officer of a hearing requested under subparagraph
                          (A) shall--
                                        ``(I) <<NOTE: Designation.>>  be
                                    designated by the Secretary;
                                        ``(II) not be an employee of the
                                    Center for Drug Evaluation and Research;
                                    and
                                        ``(III) not have been previously
                                    involved in the development of the
                                    administrative order involved or
                                    proceedings relating to that
                                    administrative order.
                              ``(iv) Rights of parties to hearing.--The
                          parties to a hearing requested under subparagraph
                          (A) shall have the right to present testimony,
                          including testimony of expert witnesses, and to
                          cross-examine witnesses presented by other
                          parties. Where appropriate, the presiding officer
                          may require that cross-examination by parties
                          representing substantially the same interests be
                          consolidated to promote efficiency and avoid
                          duplication.
                              ``(v) Final decision.--
                                        ``(I) At the conclusion of a hearing
                                    requested under subparagraph (A), the
                                    presiding officer of the hearing shall
                                    issue a decision containing findings of
                                    fact and conclusions of law. The
                                    decision of the presiding officer shall
                                    be final.
                                        ``(II) The final decision may not
                                    take effect until the period under
                                    subparagraph (D)(ii) for submitting a
                                    request for judicial review of such
                                    decision expires.
                        ``(D) Judicial review of final administrative
                    order.--
                              ``(i) <<NOTE: Applicability.>>  In general.--
                          The procedures described in section 505(h) shall
                          apply with respect to judicial review of final
                          administrative orders issued under this subsection
                          in the same manner and to the same extent as such
                          section applies to an order described in such
                          section except that the judicial review shall be
                          taken by filing in an appropriate district court
                          of the United

    [[Page 134 STAT. 441]]

                          States in lieu of the appellate courts specified
                          in such section.
                              ``(ii) Period to submit a request for judicial
                          review.--A person <<NOTE: Deadline.>>  eligible to
                          request a hearing under this paragraph and seeking
                          judicial review of a final administrative order
                          issued under this subsection shall file such
                          request for judicial review not later than 60
                          calendar days after the latest of--
                                        ``(I) the date on which notice of
                                    such order is published;
                                        ``(II) the date on which a hearing
                                    with respect to such order is denied
                                    under subparagraph (B) or (C)(i);
                                        ``(III) the date on which a final
                                    decision is made following a hearing
                                    under subparagraph (C)(v); or
                                        ``(IV) if no hearing is requested,
                                    the date on which the time for
                                    requesting a hearing expires.
                ``(4) Expedited procedure with respect to administrative
            orders initiated by the secretary.--
                        ``(A) Imminent hazard to the public health.--

                          ``(i) <<NOTE: Determination. Notification. Deadline
                          .>>  In general.--In the case of a determination
                          by the Secretary that a drug, class of drugs, or
                          combination of drugs subject to this section poses
                          an imminent hazard to the public health, the
                          Secretary, after first making reasonable efforts
                          to notify, not later than 48 hours before issuance
                          of such order under this subparagraph, sponsors
                          who have a listing in effect under section 510(j)
                          for such drug or combination of drugs--
                                        ``(I) may issue an interim final
                                    administrative order for such drug,
                                    class of drugs, or combination of drugs
                                    under paragraph (1), together with a
                                    detailed statement of the reasons for
                                    such order;
                                        ``(II) <<NOTE: Federal
                                    Register, publication. Notice. Public
                                    comment. Time period.>>  shall publish
                                    in the Federal Register a notice of
                                    availability of any such order; and
                                        ``(III) shall provide for a public
                                    comment period of at least 45 calendar
                                    days with respect to such interim final
                                    order.
                              ``(ii) Nondelegation.--The Secretary may not
                          delegate the authority to issue an interim final
                          administrative order under this subparagraph.
                        ``(B) Safety labeling changes.--
                              ``(i) <<NOTE: Determination.>>  In general.--
                          In the case of a determination by the Secretary
                          that a change in the labeling of a drug, class of
                          drugs, or combination of drugs subject to this
                          section is reasonably expected to mitigate a
                          significant or unreasonable risk of a serious
                          adverse event associated with use of the drug, the
                          Secretary may--

                                    ``(I) <<NOTE: Notification. Deadline.>>
                                    make reasonable efforts to notify
                                    informally, not later than 48 hours
                                    before the issuance of the interim final
                                    order, the sponsors of drugs who have a
                                    listing in effect under section 510(j)
                                    for such drug or combination of drugs;
                                        ``(II) after reasonable efforts of
                                    notification, issue an interim final
                                    administrative order in

    [[Page 134 STAT. 442]]

                                    accordance with paragraph (1) to require
                                    such change, together with a detailed
                                    statement of the reasons for such order;
                                        ``(III) <<NOTE: Federal
                                    Register, publication. Notice. Public
                                    comment. Time period.>>  publish in the
                                    Federal Register a notice of
                                    availability of such order; and
                                        ``(IV) provide for a public comment
                                    period of at least 45 calendar days with
                                    respect to such interim final order.
                              ``(ii) Content of order.--An interim final
                          order issued under this subparagraph with respect
                          to the labeling of a drug may provide for new
                          warnings and other information required for safe
                          use of the drug.
                        ``(C) Effective date.--An order under subparagraph
                    (A) or (B) shall take effect on a date specified by the
                    Secretary.
                        ``(D) Final order.--After the completion of the
                    proceedings in subparagraph (A) or (B), the Secretary
                    shall--
                              ``(i) issue a final order in accordance with
                          paragraph (1);
                              ``(ii) <<NOTE: Notice. Federal
                          Register, publication. Deadlines. Appeals.>>
                          publish a notice of availability of such final
                          administrative order in the Federal Register; and
                              ``(iii) afford sponsors of such drugs that
                          will be subject to such an order the opportunity
                          for formal dispute resolution up to the level of
                          the Director of the Center for Drug Evaluation and
                          Research, which must initially be within 45
                          calendar days of the issuance of the order, and
                          for subsequent levels of appeal, within 30
                          calendar days of the prior decision.
                        ``(E) Hearings.--A sponsor of a drug subject to a
                    final order issued under subparagraph (D) and that
                    participated in each stage of formal dispute resolution
                    under clause (iii) of such subparagraph may request a
                    hearing on such order. The
                    provisions <<NOTE: Applicability.>>  of subparagraphs
                    (A), (B), and (C) of paragraph (3), other than paragraph
                    (3)(C)(v)(II), shall apply with respect to a hearing on
                    such order in the same manner and to the same extent as
                    such provisions apply with respect to a hearing on an
                    administrative order issued under paragraph (2)(A)(iv).
                        ``(F) Timing.--
                              ``(i) <<NOTE: Deadlines.>>  Final order and
                          hearing.--The Secretary shall--
                                        ``(I) not later than 6 months after
                                    the date on which the comment period
                                    closes under subparagraph (A) or (B),
                                    issue a final order in accordance with
                                    paragraph (1); and
                                        ``(II) not later than 12 months
                                    after the date on which such final order
                                    is issued, complete any hearing under
                                    subparagraph (E).
                              ``(ii) Dispute resolution request.--The
                          Secretary shall specify in an interim final order
                          issued under subparagraph (A) or (B) such shorter
                          periods for requesting dispute resolution under
                          subparagraph (D)(iii) as are necessary to meet the
                          requirements of this subparagraph.
                        ``(G) Judicial review.--A final order issued
                    pursuant to subparagraph (F) shall be subject to
                    judicial review in accordance with paragraph (3)(D).

    [[Page 134 STAT. 443]]

                ``(5) Administrative order initiated at the request of a
            requestor.--
                        ``(A) <<NOTE: Determinations.>>  In general.--In
                    issuing an administrative order under paragraph (1) at
                    the request of a requestor with respect to certain
                    drugs, classes of drugs, or combinations of drugs--
                              ``(i) the Secretary shall, after receiving a
                          request under this subparagraph, determine whether
                          the request is sufficiently complete and formatted
                          to permit a substantive review;
                              ``(ii) if the Secretary determines that the
                          request is sufficiently complete and formatted to
                          permit a substantive review, the Secretary shall--
                                        ``(I) file the request; and
                                        ``(II) initiate proceedings with
                                    respect to issuing an administrative
                                    order in accordance with paragraphs (2)
                                    and (3); and
                              ``(iii) except as provided in paragraph (6),
                          if the Secretary determines that a request does
                          not meet the requirements for filing or is not
                          sufficiently complete and formatted to permit a
                          substantive review, the requestor may demand that
                          the request be filed over protest, and the
                          Secretary shall initiate proceedings to review the
                          request in accordance with paragraph (2)(A).
                        ``(B) <<NOTE: Determinations.>>  Request to initiate
                    proceedings.--
                              ``(i) In general.--A requestor seeking an
                          administrative order under paragraph (1) with
                          respect to certain drugs, classes of drugs, or
                          combinations of drugs, shall submit to the
                          Secretary a request to initiate proceedings for
                          such order in the form and manner as specified by
                          the Secretary. Such requestor may submit a request
                          under this subparagraph for the issuance of an
                          administrative order--
                                        ``(I) determining whether a drug is
                                    generally recognized as safe and
                                    effective under section 201(p)(1),
                                    exempt from section 503(b)(1), and not
                                    required to be the subject of an
                                    approved application under section 505;
                                    or
                                        ``(II) determining whether a change
                                    to a condition of use of a drug is
                                    generally recognized as safe and
                                    effective under section 201(p)(1),
                                    exempt from section 503(b)(1), and not
                                    required to be the subject of an
                                    approved application under section 505,
                                    if, absent such a changed condition of
                                    use, such drug is--
                                                ``(aa) generally recognized
                                            as safe and effective under
                                            section 201(p)(1) in accordance
                                            with subsection (a)(1), (a)(2),
                                            or an order under this
                                            subsection; or
                                                ``(bb) subject to subsection
                                            (a)(3), but only if such
                                            requestor initiates such request
                                            in conjunction with a request
                                            for the Secretary to determine
                                            whether such drug is generally
                                            recognized as safe and effective
                                            under section 201(p)(1), which
                                            is filed by the Secretary under
                                            subparagraph (A)(ii).

    [[Page 134 STAT. 444]]

                              ``(ii) Exception.--The Secretary is not
                          required to complete review of a request for a
                          change described in clause (i)(II) if the
                          Secretary determines that there is an inadequate
                          basis to find the drug is generally recognized as
                          safe and effective under section 201(p)(1) under
                          paragraph (1) and issues a final order announcing
                          that determination.
                              ``(iii) Withdrawal.--The requestor may
                          withdraw a request under this paragraph, according
                          to the procedures set forth pursuant to subsection
                          (d)(2)(B). Notwithstanding any other provision of
                          this section, if such request is withdrawn, the
                          Secretary may cease proceedings under this
                          subparagraph.
                        ``(C) Exclusivity.--
                              ``(i) <<NOTE: Time period.>>  In general.--A
                          final administrative order issued in response to a
                          request under this section shall have the effect
                          of authorizing solely the order requestor (or the
                          licensees, assignees, or successors in interest of
                          such requestor with respect to the subject of such
                          order), for a period of 18 months following the
                          effective date of such final order and beginning
                          on the date the requestor may lawfully market such
                          drugs pursuant to the order, to market drugs--
                                        ``(I) incorporating changes
                                    described in clause (ii); and
                                        ``(II) subject to the limitations
                                    under clause (iv).
                              ``(ii) Changes described.--A change described
                          in this clause is a change subject to an order
                          specified in clause (i), which--
                                        ``(I) provides for a drug to contain
                                    an active ingredient (including any
                                    ester or salt of the active ingredient)
                                    not previously incorporated in a drug
                                    described in clause (iii); or
                                        ``(II) provides for a change in the
                                    conditions of use of a drug, for which
                                    new human data studies conducted or
                                    sponsored by the requestor (or for which
                                    the requestor has an exclusive right of
                                    reference) were essential to the
                                    issuance of such order.
                              ``(iii) Drugs described.--The drugs described
                          in this clause are drugs--
                                        ``(I) specified in subsection
                                    (a)(1), (a)(2), or (a)(3);
                                        ``(II) subject to a final order
                                    issued under this section;
                                        ``(III) subject to a final sunscreen
                                    order (as defined in section 586(2)(A));
                                    or
                                        ``(IV) described in subsection
                                    (m)(1), other than drugs subject to an
                                    active enforcement action under chapter
                                    III of this Act.
                              ``(iv) Limitations on exclusivity.--
                                        ``(I) <<NOTE: Time period.>> In
                                    general.--Only one 18-month period under
                                    this subparagraph shall be granted,
                                    under each order described in clause
                                    (i), with respect to changes (to the
                                    drug subject to such order) which are
                                    either--

    [[Page 134 STAT. 445]]

                                                ``(aa) changes described in
                                            clause (ii)(I), relating to
                                            active ingredients; or
                                                ``(bb) changes described in
                                            clause (ii)(II), relating to
                                            conditions of use.
                                        ``(II) No exclusivity allowed.--No
                                    exclusivity shall apply to changes to a
                                    drug which are--
                                                ``(aa) the subject of a Tier
                                            2 OTC monograph order request
                                            (as defined in section 744L);
                                                ``(bb) safety-related
                                            changes, as defined by the
                                            Secretary, or any other changes
                                            the Secretary considers
                                            necessary to assure safe use; or
                                                ``(cc) changes related to
                                            methods of testing safety or
                                            efficacy.
                              ``(v) New human data studies defined.--In this
                          subparagraph, the term `new human data studies'
                          means clinical trials of safety or effectiveness
                          (including actual use studies), pharmacokinetics
                          studies, or bioavailability studies, the results
                          of which--
                                        ``(I) have not been relied on by the
                                    Secretary to support--
                                                ``(aa) a proposed or final
                                            determination that a drug
                                            described in subclause (I),
                                            (II), or (III) of clause (iii)
                                            is generally recognized as safe
                                            and effective under section
                                            201(p)(1); or
                                                ``(bb) approval of a drug
                                            that was approved under section
                                            505; and
                                        ``(II) do not duplicate the results
                                    of another study that was relied on by
                                    the Secretary to support--
                                                ``(aa) a proposed or final
                                            determination that a drug
                                            described in subclause (I),
                                            (II), or (III) of clause (iii)
                                            is generally recognized as safe
                                            and effective under section
                                            201(p)(1); or
                                                ``(bb) approval of a drug
                                            that was approved under section
                                            505.
                              ``(vi) Notification of drug not available for
                          sale.--A requestor <<NOTE: Deadline. Time
                          period.>>  that is granted exclusivity with
                          respect to a drug under this subparagraph shall
                          notify the Secretary in writing within 1 year of
                          the issuance of the final administrative order if
                          the drug that is the subject of such order will
                          not be available for sale within 1 year of the
                          date of issuance of such order. The requestor
                          shall include with such notice the--
                                        ``(I) identity of the drug by
                                    established name and by proprietary
                                    name, if any;
                                        ``(II) strength of the drug;
                                        ``(III) date on which the drug will
                                    be available for sale, if known; and
                                        ``(IV) reason for not marketing the
                                    drug after issuance of the order.

    [[Page 134 STAT. 446]]

                ``(6) Information regarding safe nonprescription marketing
            and use as condition for filing a generally recognized as safe
            and effective request.--
                        ``(A) In general.--In response to a request under
                    this section that a drug described in subparagraph (B)
                    be generally recognized as safe and effective, the
                    Secretary--
                              ``(i) may file such request, if the request
                          includes information specified under subparagraph
                          (C) with respect to safe nonprescription marketing
                          and use of such drug; or
                              ``(ii) if the request fails to include
                          information specified under subparagraph (C),
                          shall refuse to file such request and require that
                          nonprescription marketing of the drug be pursuant
                          to a new drug application as described in
                          subparagraph (D).
                        ``(B) Drug described.--A drug described in this
                    subparagraph is a nonprescription drug which contains an
                    active ingredient not previously incorporated in a
                    drug--
                              ``(i) specified in subsection (a)(1), (a)(2),
                          or (a)(3);
                              ``(ii) subject to a final order under this
                          section; or
                              ``(iii) subject to a final sunscreen order (as
                          defined in section 586(2)(A)).
                        ``(C) Information demonstrating prima facie safe
                    nonprescription marketing and use.--Information
                    specified in this subparagraph, with respect to a
                    request described in subparagraph (A)(i), is--
                              ``(i) information sufficient for a prima facie
                          demonstration that the drug subject to such
                          request has a verifiable history of being marketed
                          and safely used by consumers in the United States
                          as a nonprescription drug under comparable
                          conditions of use;
                              ``(ii) if the drug has not been previously
                          marketed in the United States as a nonprescription
                          drug, information sufficient for a prima facie
                          demonstration that the drug was marketed and
                          safely used under comparable conditions of
                          marketing and use in a country listed in section
                          802(b)(1)(A) or designated by the Secretary in
                          accordance with section 802(b)(1)(B)--
                                        ``(I) for such period as needed to
                                    provide reasonable assurances concerning
                                    the safe nonprescription use of the
                                    drug; and
                                        ``(II) during such time was subject
                                    to sufficient monitoring by a regulatory
                                    body considered acceptable by the
                                    Secretary for such monitoring purposes,
                                    including for adverse events associated
                                    with nonprescription use of the drug; or
                              ``(iii) <<NOTE: Determination.>>  if the
                          Secretary determines that information described in
                          clause (i) or (ii) is not needed to provide a
                          prima facie demonstration that the drug can be
                          safely marketed and used as a nonprescription
                          drug, such other information the Secretary
                          determines is sufficient for such purposes.
                        ``(D) <<NOTE: Determinations.>> Marketing pursuant
                    to new drug application.--In the case of a request
                    described in subparagraph (A)(ii), the drug subject to
                    such request may be resubmitted for filing only if--

    [[Page 134 STAT. 447]]

                              ``(i) the drug is marketed as a
                          nonprescription drug, under conditions of use
                          comparable to the conditions specified in the
                          request, for such period as the Secretary
                          determines appropriate (not to exceed 5
                          consecutive years) pursuant to an application
                          approved under section 505; and
                              ``(ii) during such period, 1,000,000 retail
                          packages of the drug, or an equivalent quantity as
                          determined by the Secretary, were distributed for
                          retail sale, as determined in such manner as the
                          Secretary finds appropriate.
                        ``(E) Rule of application.--Except in the case of a
                    request involving a drug described in section 586(9), as
                    in effect on January 1, 2017, if the Secretary refuses
                    to file a request under this paragraph, the requestor
                    may not file such request over protest under paragraph
                    (5)(A)(iii).
                ``(7) Packaging.--An administrative order issued under
            paragraph (2), (4)(A), or (5) may include requirements for the
            packaging of a drug to encourage use in accordance with
            labeling. Such requirements may include unit dose packaging,
            requirements for products intended for use by pediatric
            populations, requirements to reduce risk of harm from
            unsupervised ingestion, and other appropriate requirements. This
            paragraph does not authorize the Food and Drug Administration to
            require standards or testing procedures as described in part
            1700 of title 16, Code of Federal Regulations.
                ``(8) Final and tentative final monographs for category i
            drugs deemed final administrative orders.--
                        ``(A) In general.--A final monograph or tentative
                    final monograph described in subparagraph (B) shall be
                    deemed to be a final administrative order under this
                    subsection and may be amended, revoked, or otherwise
                    modified in accordance with the procedures of this
                    subsection.
                        ``(B) Monographs described.--For purposes of
                    subparagraph (A), a final monograph or tentative final
                    monograph is described in this subparagraph if it--
                              ``(i) establishes conditions of use for a drug
                          described in paragraph (1) or (2) of subsection
                          (a); and
                              ``(ii) represents the most recently
                          promulgated version of such conditions, including
                          as modified, in whole or in part, by any proposed
                          or final rule.
                        ``(C) Deemed orders include harmonizing technical
                    amendments.--The deemed <<NOTE: Determination.>>
                    establishment of a final administrative order under
                    subparagraph (A) shall be construed to include any
                    technical amendments to such order as the Secretary
                    determines necessary to ensure that such order is
                    appropriately harmonized, in terms of terminology or
                    cross-references, with the applicable provisions of this
                    Act (and regulations thereunder) and any other orders
                    issued under this section.

        ``(c) Procedure for Minor Changes.--
                ``(1) In general.--Minor changes in the dosage form of a
            drug that is described in paragraph (1) or (2) of subsection (a)
            or the subject of an order issued under subsection (b) may

    [[Page 134 STAT. 448]]

            be made by a requestor without the issuance of an order under
            subsection (b) if--
                        ``(A) the requestor maintains such information as is
                    necessary to demonstrate that the change--
                              ``(i) will not affect the safety or
                          effectiveness of the drug; and
                              ``(ii) will not materially affect the extent
                          of absorption or other exposure to the active
                          ingredient in comparison to a suitable reference
                          product; and
                        ``(B) the change is in conformity with the
                    requirements of an applicable administrative order
                    issued by the Secretary under paragraph (3).
                ``(2) Additional information.--
                        ``(A) <<NOTE: Deadline.>>  Access to records.--A
                    sponsor shall submit records requested by the Secretary
                    relating to such a minor change under section 704(a)(4),
                    within 15 business days of receiving such a request, or
                    such longer period as the Secretary may provide.
                        ``(B) <<NOTE: Determination.>>  Insufficient
                    information.--If the Secretary determines that the
                    information contained in such records is not sufficient
                    to demonstrate that the change does not affect the
                    safety or effectiveness of the drug or materially affect
                    the extent of absorption or other exposure to the active
                    ingredient, the Secretary--
                              ``(i) may so inform the sponsor of the drug in
                          writing; and
                              ``(ii) if the Secretary so informs the
                          sponsor, shall provide the sponsor of the drug
                          with a reasonable opportunity to provide
                          additional information.
                        ``(C) <<NOTE: Determination.>>  Failure to submit
                    sufficient information.--If the sponsor fails to provide
                    such additional information within a time prescribed by
                    the Secretary, or if the Secretary determines that such
                    additional information does not demonstrate that the
                    change does not--
                              ``(i) affect the safety or effectiveness of
                          the drug; or
                              ``(ii) materially affect the extent of
                          absorption or other exposure to the active
                          ingredient in comparison to a suitable reference
                          product,
                    the drug as modified is a new drug under section 201(p)
                    and shall be deemed to be misbranded under section
                    502(ee).
                ``(3) Determining whether a change will affect safety or
            effectiveness.--
                        ``(A) <<NOTE: Requirements. Guidance.>>  In
                    general.--The Secretary shall issue one or more
                    administrative orders specifying requirements for
                    determining whether a minor change made by a sponsor
                    pursuant to this subsection will affect the safety or
                    effectiveness of a drug or materially affect the extent
                    of absorption or other exposure to an active ingredient
                    in the drug in comparison to a suitable reference
                    product, together with guidance for applying those
                    orders to specific dosage forms.
                        ``(B) Standard practices.--The orders and guidance
                    issued by the Secretary under subparagraph (A) shall
                    take into account relevant public standards and standard
                    practices for evaluating the quality of drugs, and may
                    take

    [[Page 134 STAT. 449]]

                    into account the special needs of populations, including
                    children.

        ``(d) Confidentiality of Information Submitted to the Secretary.--
                ``(1) In general.--Subject to paragraph (2), any
            information, including reports of testing conducted on the drug
            or drugs involved, that is submitted by a requestor in
            connection with proceedings on an order under this section
            (including any minor change under subsection (c)) and is a trade
            secret or confidential information subject to section 552(b)(4)
            of title 5, United States Code, or section 1905 of title 18,
            United States Code, shall not be disclosed to the public unless
            the requestor consents to that disclosure.
                ``(2) Public availability.--
                        ``(A) <<NOTE: Deadlines.>>  In general.--Except as
                    provided in subparagraph (B), the Secretary shall--
                              ``(i) make any information submitted by a
                          requestor in support of a request under subsection
                          (b)(5)(A) available to the public not later than
                          the date on which the proposed order is issued;
                          and
                              ``(ii) make any information submitted by any
                          other person with respect to an order requested
                          (or initiated by the Secretary) under subsection
                          (b), available to the public upon such submission.
                        ``(B) Limitations on public availability.--
                    Information described in subparagraph (A) shall not be
                    made public if--
                              ``(i) the information pertains to
                          pharmaceutical quality information, unless such
                          information is necessary to establish standards
                          under which a drug is generally recognized as safe
                          and effective under section 201(p)(1);
                              ``(ii) <<NOTE: Procedures.>> the information
                          is submitted in a requestor-initiated request, but
                          the requestor withdraws such request, in
                          accordance with withdrawal procedures established
                          by the Secretary, before the Secretary issues the
                          proposed order;
                              ``(iii) the Secretary requests and obtains the
                          information under subsection (c) and such
                          information is not submitted in relation to an
                          order under subsection (b); or
                              ``(iv) the information is of the type
                          contained in raw datasets.

        ``(e) <<NOTE: Deadlines.>>  Updates to Drug Listing Information.--A
    sponsor who makes a change to a drug subject to this section shall
    submit updated drug listing information for the drug in accordance with
    section 510(j) within 30 calendar days of the date when the drug is
    first commercially marketed, except that a sponsor who was the order
    requestor with respect to an order subject to subsection (b)(5)(C) (or a
    licensee, assignee, or successor in interest of such requestor) shall
    submit updated drug listing information on or before the date when the
    drug is first commercially marketed.

        ``(f) Approvals Under Section 505.--The provisions of this section
    shall not be construed to preclude a person from seeking or maintaining
    the approval of an application for a drug under sections 505(b)(1),
    505(b)(2), and 505(j) <<NOTE: Determination.>> . A determination under
    this section that a drug is not subject to section 503(b)(1), is
    generally

    [[Page 134 STAT. 450]]

    recognized as safe and effective under section 201(p)(1), and is not a
    new drug under section 201(p) shall constitute a finding that the drug
    is safe and effective that may be relied upon for purposes of an
    application under section 505(b)(2), so that the applicant shall be
    required to submit for purposes of such application only information
    needed to support any modification of the drug that is not covered by
    such determination under this section.

        ``(g) <<NOTE: Time period. Determination.>>  Public Availability of
    Administrative Orders.--The Secretary shall establish, maintain, update
    (as determined necessary by the Secretary but no less frequently than
    annually), and make publicly available, with respect to orders issued
    under this section--
                ``(1) a repository of each final order and interim final
            order in effect, including the complete text of the order; and
                ``(2) <<NOTE: Lists.>>  a listing of all orders proposed and
            under development under subsection (b)(2), including--
                        ``(A) a brief description of each such order; and
                        ``(B) <<NOTE: Time period.>>  the Secretary's
                    expectations, if resources permit, for issuance of
                    proposed orders over a 3-year period.

        ``(h) Development Advice to Sponsors or Requestors.--The
    Secretary <<NOTE: Procedures.>>  shall establish procedures under which
    sponsors or requestors may meet with appropriate officials of the Food
    and Drug Administration to obtain advice on the studies and other
    information necessary to support submissions under this section and
    other matters relevant to the regulation of nonprescription drugs and
    the development of new nonprescription drugs under this section.

        ``(i) Participation of Multiple Sponsors or Requestors.--The
    Secretary <<NOTE: Procedures.>>  shall establish procedures to
    facilitate efficient participation by multiple sponsors or requestors in
    proceedings under this section, including provision for joint meetings
    with multiple sponsors or requestors or with organizations nominated by
    sponsors or requestors to represent their interests in a proceeding.

        ``(j) Electronic Format.--All submissions under this section shall
    be in electronic format.
        ``(k) Effect on Existing Regulations Governing Nonprescription
    Drugs.--
                ``(1) Regulations of general applicability to
            nonprescription drugs.--Except as provided in this subsection,
            nothing in this section supersedes regulations establishing
            general requirements for nonprescription drugs, including
            regulations of general applicability contained in parts 201,
            250, and 330 of title 21, Code of Federal Regulations, or any
            successor regulations. The Secretary shall establish or modify
            such regulations by means of rulemaking in accordance with
            section 553 of title 5, United States Code.
                ``(2) Regulations establishing requirements for specific
            nonprescription drugs.--
                        ``(A) The provisions of section 310.545 of title 21,
                    Code of Federal Regulations, as in effect on the day
                    before the date of the enactment of this section, shall
                    be deemed to be a final order under subsection (b).
                        ``(B) Regulations in effect on the day before the
                    date of the enactment of this section, establishing
                    requirements for specific nonprescription drugs marketed
                    pursuant to this section (including such requirements in
                    parts 201 and 250 of title 21, Code of Federal
                    Regulations), shall be

    [[Page 134 STAT. 451]]

                    deemed to be final orders under subsection (b), only as
                    they apply to drugs--
                              ``(i) subject to paragraph (1), (2), (3), or
                          (4) of subsection (a); or
                              ``(ii) otherwise subject to an order under
                          this section.
                ``(3) Withdrawal of regulations.--The Secretary shall
            withdraw regulations establishing final monographs and the
            procedures governing the over-the-counter drug review under part
            330 and other relevant parts of title 21, Code of Federal
            Regulations (as in effect on the day before the date of the
            enactment of this section), or make technical changes to such
            regulations to ensure conformity with appropriate terminology
            and cross references. <<NOTE: Notice. Effective date. Federal
            Register, publication.>>  Notwithstanding subchapter II of
            chapter 5 of title 5, United States Code, any such withdrawal or
            technical changes shall be made without public notice and
            comment and shall be effective upon publication through notice
            in the Federal Register (or upon such date as specified in such
            notice).

        ``(l) Guidance.--The Secretary shall issue guidance that specifies--
                ``(1) <<NOTE: Procedures.>>  the procedures and principles
            for formal meetings between the Secretary and sponsors or
            requestors for drugs subject to this section;
                ``(2) the format and content of data submissions to the
            Secretary under this section;
                ``(3) the format of electronic submissions to the Secretary
            under this section;
                ``(4) <<NOTE: Appeals. Procedures.>>  consolidated
            proceedings for appeal and the procedures for such proceedings
            where appropriate; and
                ``(5) <<NOTE: Recommenda- tions.>>  for minor changes in
            drugs, recommendations on how to comply with the requirements in
            orders issued under subsection (c)(3).

        ``(m) Rule of Construction.--
                ``(1) In general.--This section shall not affect the
            treatment or status of a nonprescription drug--
                        ``(A) that is marketed without an application
                    approved under section 505 as of the date of the
                    enactment of this section;
                        ``(B) that is not subject to an order issued under
                    this section; and
                        ``(C) to which paragraph (1), (2), (3), (4), or (5)
                    of subsection (a) do not apply.
                ``(2) Treatment of products previously found to be subject
            to time and extent requirements.--
                        ``(A) Notwithstanding subsection (a), a drug
                    described in subparagraph (B) may only be lawfully
                    marketed, without an application approved under section
                    505, pursuant to an order issued under this section.
                        ``(B) A drug described in this subparagraph is a
                    drug which, prior to the date of the enactment of this
                    section, the Secretary determined in a proposed or final
                    rule to be ineligible for review under the OTC drug
                    review (as such phrase `OTC drug review' was used in
                    section 330.14 of title 21, Code of Federal Regulations,
                    as in effect on the day before the date of the enactment
                    of this section).
                ``(3) Preservation of authority.--

    [[Page 134 STAT. 452]]

                        ``(A) Nothing in paragraph (1) shall be construed to
                    preclude or limit the applicability of any provision of
                    this Act other than this section.
                        ``(B) Nothing in subsection (a) shall be construed
                    to prohibit the Secretary from issuing an order under
                    this section finding a drug to be not generally
                    recognized as safe and effective under section
                    201(p)(1), as the Secretary determines appropriate.

        ``(n) Investigational New Drugs.--A drug is not subject to this
    section if an exemption for investigational use under section 505(i) is
    in effect for such drug.
        ``(o) Inapplicability of Paperwork Reduction Act.--Chapter 35 of
    title 44, United States Code, shall not apply to collections of
    information made under this section.
        ``(p) Inapplicability of Notice and Comment Rulemaking and Other
    Requirements.--The requirements <<NOTE: Applicability.>>  of subsection
    (b) shall apply with respect to orders issued under this section instead
    of the requirements of subchapter II of chapter 5 of title 5, United
    States Code.

        ``(q) Definitions.--In this section:
                ``(1) The term `nonprescription drug' refers to a drug not
            subject to the requirements of section 503(b)(1).
                ``(2) The term `sponsor' refers to any person marketing,
            manufacturing, or processing a drug that--
                        ``(A) is listed pursuant to section 510(j); and
                        ``(B) is or will be subject to an administrative
                    order under this section of the Food and Drug
                    Administration.
                ``(3) The term `requestor' refers to any person or group of
            persons marketing, manufacturing, processing, or developing a
            drug.''.

        (b) <<NOTE: Deadline.>>  GAO Study.--Not later than 4 years after
    the date of enactment of this Act, the Comptroller General of the United
    States shall submit a study to the Committee on Energy and Commerce of
    the House of Representatives and the Committee on Health, Education,
    Labor, and Pensions of the Senate addressing the effectiveness and
    overall impact of exclusivity under section 505G of the Federal Food,
    Drug, and Cosmetic Act, as added by subsection (a), and section 586C of
    such Act (21 U.S.C. 360fff-3), including the impact of such exclusivity
    on consumer access. <<NOTE: Analyses.>>  Such study shall include--
                (1) an analysis of the impact of exclusivity under such
            section 505G for nonprescription drug products, including--
                        (A) the number of nonprescription drug products that
                    were granted exclusivity and the indication for which
                    the nonprescription drug products were determined to be
                    generally recognized as safe and effective;
                        (B) whether the exclusivity for such drug products
                    was granted for--
                              (i) a new active ingredient (including any
                          ester or salt of the active ingredient); or
                              (ii) changes in the conditions of use of a
                          drug, for which new human data studies conducted
                          or sponsored by the requestor were essential;
                        (C) whether, and to what extent, the exclusivity
                    impacted the requestor's or sponsor's decision to
                    develop the drug product;

    [[Page 134 STAT. 453]]

                        (D) an analysis of the implementation of the
                    exclusivity provision in such section 505G, including--
                              (i) the resources used by the Food and Drug
                          Administration;
                              (ii) the impact of such provision on
                          innovation, as well as research and development in
                          the nonprescription drug market;
                              (iii) the impact of such provision on
                          competition in the nonprescription drug market;
                              (iv) the impact of such provision on consumer
                          access to nonprescription drug products;
                              (v) the impact of such provision on the prices
                          of nonprescription drug products; and
                              (vi) whether the administrative orders
                          initiated by requestors under such section 505G
                          have been sufficient to encourage the development
                          of nonprescription drug products that would likely
                          not be otherwise developed, or developed in as
                          timely a manner; and
                        (E) whether the administrative orders initiated by
                    requestors under such section 505G have been sufficient
                    incentive to encourage innovation in the nonprescription
                    drug market; and
                (2) an analysis of the impact of exclusivity under such
            section 586C for sunscreen ingredients, including--
                        (A) the number of sunscreen ingredients that were
                    granted exclusivity and the specific ingredient that was
                    determined to be generally recognized as safe and
                    effective;
                        (B) whether, and to what extent, the exclusivity
                    impacted the requestor's or sponsor's decision to
                    develop the sunscreen ingredient;
                        (C) whether, and to what extent, the sunscreen
                    ingredient granted exclusivity had previously been
                    available outside of the United States;
                        (D) an analysis of the implementation of the
                    exclusivity provision in such section 586C, including--
                              (i) the resources used by the Food and Drug
                          Administration;
                              (ii) the impact of such provision on
                          innovation, as well as research and development in
                          the sunscreen market;
                              (iii) the impact of such provision on
                          competition in the sunscreen market;
                              (iv) the impact of such provision on consumer
                          access to sunscreen products;
                              (v) the impact of such provision on the prices
                          of sunscreen products; and
                              (vi) whether the administrative orders
                          initiated by requestors under such section 505G
                          have been utilized by sunscreen ingredient
                          sponsors and whether such process has been
                          sufficient to encourage the development of
                          sunscreen ingredients that would likely not be
                          otherwise developed, or developed in as timely a
                          manner; and
                        (E) whether the administrative orders initiated by
                    requestors under such section 586C have been sufficient
                    incentive to encourage innovation in the sunscreen
                    market.

    [[Page 134 STAT. 454]]

        (c) Conforming Amendment.--Section 751(d)(1) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended--
                (1) in the matter preceding subparagraph (A)--
                        (A) by striking ``final regulation promulgated'' and
                    inserting ``final order under section 505G''; and
                        (B) by striking ``and not misbranded''; and
                (2) in subparagraph (A), by striking ``regulation in
            effect'' and inserting ``regulation or order in effect''.
    SEC. 3852. MISBRANDING.

        Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    352) is amended by adding at the end the following:
        ``(ee) If it is a nonprescription drug that is subject to section
    505G, is not the subject of an application approved under section 505,
    and does not comply with the requirements under section 505G.
        ``(ff) If it is a drug and it was manufactured, prepared,
    propagated, compounded, or processed in a facility for which fees have
    not been paid as required by section 744M.''.
    SEC. 3853. <<NOTE: 21 USC 355h note.>>  DRUGS EXCLUDED FROM THE
                              OVER-THE-COUNTER DRUG REVIEW.

        (a) In General.--Nothing in this Act (or the amendments made by this
    Act) shall apply to any nonprescription drug (as defined in section
    505G(q) of the Federal Food, Drug, and Cosmetic Act, as added by section
    3851 of this subtitle) which was excluded by the Food and Drug
    Administration from the Over-the-Counter Drug Review in accordance with
    the paragraph numbered 25 on page 9466 of volume 37 of the Federal
    Register, published on May 11, 1972.
        (b) Rule of Construction.--Nothing in this section shall be
    construed to preclude or limit the applicability of any other provision
    of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
    SEC. 3854. <<NOTE: 21 USC 360fff-3 note.>>  TREATMENT OF SUNSCREEN
                              INNOVATION ACT.

        (a) Review of Nonprescription Sunscreen Active Ingredients.--
                (1) Applicability of section 505g for pending submissions.--
                        (A) <<NOTE: Notification. Deadline.>>  In general.--
                    A sponsor of a nonprescription sunscreen active
                    ingredient or combination of nonprescription sunscreen
                    active ingredients that, as of the date of enactment of
                    this Act, is subject to a proposed sunscreen order under
                    section 586C of the Federal Food, Drug, and Cosmetic Act
                    (21 U.S.C. 360fff-3) may elect, by means of giving
                    written notification to the Secretary of Health and
                    Human Services within 180 calendar days of the enactment
                    of this Act, to transition into the review of such
                    ingredient or combination of ingredients pursuant to the
                    process set out in section 505G of the Federal Food,
                    Drug, and Cosmetic Act, as added by section 3851 of this
                    subtitle.
                        (B) Election exercised.--Upon receipt by the
                    Secretary of Health and Human Services of a timely
                    notification under subparagraph (A)--
                              (i) the proposed sunscreen order involved is
                          deemed to be a request for an order under
                          subsection (b) of section 505G of the Federal
                          Food, Drug, and

    [[Page 134 STAT. 455]]

                          Cosmetic Act, as added by section 3851 of this
                          subtitle; and
                              (ii) such order is deemed to have been
                          accepted for filing under subsection (b)(6)(A)(i)
                          of such section 505G.
                        (C) <<NOTE: Deadline.>>  Election not exercised.--If
                    a notification under subparagraph (A) is not received by
                    the Secretary of Health and Human Services within 180
                    calendar days of the date of enactment of this Act, the
                    review of the proposed sunscreen order described in
                    subparagraph (A)--
                              (i) shall continue under section 586C of the
                          Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                          360fff-3); and
                              (ii) shall not be eligible for review under
                          section 505G, added by section 3851 of this
                          subtitle.
                (2) Definitions.--In this subsection, the terms ``sponsor'',
            ``nonprescription'', ``sunscreen active ingredient'', and
            ``proposed sunscreen order'' have the meanings given to those
            terms in section 586 of the Federal Food, Drug, and Cosmetic Act
            (21 U.S.C. 360fff).

        (b) Amendments to Sunscreen Provisions.--
                (1) Final sunscreen orders.--Paragraph (3) of section
            586C(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
            360fff-3(e)) is amended to read as follows:
                ``(3) Relationship to orders under section 505g.--A final
            sunscreen order shall be deemed to be a final order under
            section 505G.''.
                (2) Meetings.--Paragraph (7) of section 586C(b) of the
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b)) is
            amended--
                        (A) by striking ``A sponsor may request'' and
                    inserting the following:
                        ``(A) In general.--A sponsor may request''; and
                        (B) by adding at the end the following:
                        ``(B) Confidential meetings.--A sponsor may request
                    one or more confidential meetings with respect to a
                    proposed sunscreen order, including a letter deemed to
                    be a proposed sunscreen order under paragraph (3), to
                    discuss matters relating to data requirements to support
                    a general recognition of safety and effectiveness
                    involving confidential information and public
                    information related to such proposed sunscreen order, as
                    appropriate. The Secretary shall convene a confidential
                    meeting with such sponsor in a reasonable time
                    period. <<NOTE: Determination.>>  If a sponsor requests
                    more than one confidential meeting for the same proposed
                    sunscreen order, the Secretary may refuse to grant an
                    additional confidential meeting request if the Secretary
                    determines that such additional confidential meeting is
                    not reasonably necessary for the sponsor to advance its
                    proposed sunscreen order, or if the request for a
                    confidential meeting fails to include sufficient
                    information upon which to base a substantive
                    discussion. <<NOTE: Publication. Summary.>>  The
                    Secretary shall publish a post-meeting summary of each
                    confidential meeting under this subparagraph that does
                    not disclose confidential commercial information or
                    trade secrets. This subparagraph does not authorize the
                    disclosure of confidential commercial information or
                    trade secrets subject to 552(b)(4) of title

    [[Page 134 STAT. 456]]

                    5, United States Code, or section 1905 of title 18,
                    United States Code.''.
                (3) Exclusivity.--Section 586C of the Federal Food, Drug,
            and Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at
            the end the following:

        ``(f) Exclusivity.--
                ``(1) <<NOTE: Time period.>>  In general.--A final sunscreen
            order shall have the effect of authorizing solely the order
            requestor (or the licensees, assignees, or successors in
            interest of such requestor with respect to the subject of such
            request and listed under paragraph (5)) for a period of 18
            months, to market a sunscreen ingredient under this section
            incorporating changes described in paragraph (2) subject to the
            limitations under paragraph (4), beginning on the date the
            requestor (or any licensees, assignees, or successors in
            interest of such requestor with respect to the subject of such
            request and listed under paragraph (5)) may lawfully market such
            sunscreen ingredient pursuant to the order.
                ``(2) Changes described.--A change described in this
            paragraph is a change subject to an order specified in paragraph
            (1) that permits a sunscreen to contain an active sunscreen
            ingredient not previously incorporated in a marketed sunscreen
            listed in paragraph (3).
                ``(3) Marketed sunscreen.--The marketed sunscreen
            ingredients described in this paragraph are sunscreen
            ingredients--
                        ``(A) marketed in accordance with a final monograph
                    for sunscreen drug products set forth at part 352 of
                    title 21, Code of Federal Regulations (as published at
                    64 Fed. Reg. 27687); or
                        ``(B) marketed in accordance with a final order
                    issued under this section.
                ``(4) Limitations on exclusivity.-- <<NOTE: Time
            period.>> Only one 18-month period may be granted per ingredient
            under paragraph (1).
                ``(5) Listing of licensees, assignees, or successors in
            interest.--Requestors shall submit to the Secretary at the time
            when a drug subject to such request is introduced or delivered
            for introduction into interstate commerce, a list of licensees,
            assignees, or successors in interest under paragraph (1).''.
                (4) Sunset provision.--Subchapter I of chapter V of the
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et seq.)
            is amended by adding at the end the following:
    ``SEC. 586H. <<NOTE: 21 USC 360fff-8.>>  SUNSET.

        ``This subchapter shall cease to be effective at the end of fiscal
    year 2022.''.
                (5) Treatment of final sunscreen order.--The Federal Food,
            Drug, and Cosmetic Act is amended by striking section 586E of
            such Act (21 U.S.C. 360fff-5).

        (c) <<NOTE: 21 USC 355h note.>>  Treatment of Authority Regarding
    Finalization of Sunscreen Monograph.--
                (1) In general.--
                        (A) Revision of final sunscreen order.--The
                    Secretary of Health and Human Services (referred to in
                    this subsection as the ``Secretary'') shall amend and
                    revise the

    [[Page 134 STAT. 457]]

                    final administrative order concerning nonprescription
                    sunscreen (referred to in this subsection as the
                    ``sunscreen order'') for which the content, prior to the
                    date of enactment of this Act, was represented by the
                    final monograph for sunscreen drug products set forth in
                    part 352 of title 21, Code of Federal Regulations (as in
                    effect on May 21, 1999).
                        (B) <<NOTE: Deadlines.>>  Issuance of revised
                    sunscreen order; effective date.--A revised sunscreen
                    order described in subparagraph (A) shall be--
                              (i) issued in accordance with the procedures
                          described in section 505G(b)(2) of the Federal
                          Food, Drug, and Cosmetic Act;
                              (ii) issued in proposed form not later than 18
                          months after the date of enactment of this Act;
                          and
                              (iii) issued by the Secretary at least 1 year
                          prior to the effective date of the revised order.
                (2) <<NOTE: Plan. Timeline.>>  Reports.--If a revised
            sunscreen order issued under paragraph (1) does not include
            provisions related to the effectiveness of various sun
            protection factor levels, and does not address all dosage forms
            known to the Secretary to be used in sunscreens marketed in the
            United States without a new drug application approved under
            section 505 of the Federal Food, Drug, and Cosmetic Act (21
            U.S.C. 355), the Secretary shall submit a report to the
            Committee on Energy and Commerce of the House of Representatives
            and the Committee on Health, Education, Labor, and Pensions of
            the Senate on the rationale for omission of such provisions from
            such order, and a plan and timeline to compile any information
            necessary to address such provisions through such order.

        (d) <<NOTE: 21 USC 360fff-6 note.>>  Treatment of Non-Sunscreen Time
    and Extent Applications.--
                (1) In general.--Any application described in section 586F
            of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-6)
            that was submitted to the Secretary pursuant to section 330.14
            of title 21, Code of Federal Regulations, as such provisions
            were in effect immediately prior to the date of enactment date
            of this Act, shall be extinguished as of such date of enactment,
            subject to paragraph (2).
                (2) Order request.--Nothing in paragraph (1) precludes the
            submission of an order request under section 505G(b) of the
            Federal Food, Drug, and Cosmetic Act, as added by section 3851
            of this subtitle, with respect to a drug that was the subject of
            an application extinguished under paragraph (1).
    SEC. 3855. <<NOTE: 21 USC 355h note.>>  ANNUAL UPDATE TO CONGRESS
                              ON APPROPRIATE PEDIATRIC INDICATION FOR
                              CERTAIN OTC COUGH AND COLD DRUGS.

        (a) <<NOTE: Deadline.>>  In General.--Subject to subsection (c), the
    Secretary of Health and Human Services shall, beginning not later than 1
    year after the date of enactment of this Act, annually submit to the
    Committee on Energy and Commerce of the House of Representatives and the
    Committee on Health, Education, Labor, and Pensions of the Senate a
    letter describing the progress of the Food and Drug Administration--
                (1) in evaluating the cough and cold monograph described in
            subsection (b) with respect to children under age 6; and

    [[Page 134 STAT. 458]]

                (2) as appropriate, revising such cough and cold monograph
            to address such children through the order process under section
            505G(b) of the Federal Food, Drug, and Cosmetic Act, as added by
            section 3851 of this subtitle.

        (b) Cough and Cold Monograph Described.--The cough and cold
    monograph described in this subsection consists of the conditions under
    which nonprescription drugs containing antitussive, expectorant, nasal
    decongestant, or antihistamine active ingredients (or combinations
    thereof) are generally recognized as safe and effective, as specified in
    part 341 of title 21, Code of Federal Regulations (as in effect
    immediately prior to the date of enactment of this Act), and included in
    an order deemed to be established under section 505G(b) of the Federal
    Food, Drug, and Cosmetic Act, as added by section 3851 of this subtitle.
        (c) Duration of Authority.--The requirement under subsection (a)
    shall terminate as of the date of a letter submitted by the Secretary of
    Health and Human Services pursuant to such subsection in which the
    Secretary indicates that the Food and Drug Administration has completed
    its evaluation and revised, in a final order, as applicable, the cough
    and cold monograph as described in subsection (a)(2).
    SEC. 3856. TECHNICAL CORRECTIONS.

        (a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended by
    striking ``subparagraph'' each place such term appears and inserting
    ``paragraph''.
        (b) FDA Reauthorization Act of 2017.--
                (1) In general.--Section 905(b)(4) of the FDA
            Reauthorization Act of 2017 (Public Law 115-52) <<NOTE: 21 USC
            379j-52.>>  is amended by striking ``Section 744H(e)(2)(B)'' and
            inserting ``Section 744H(f)(2)(B)''.
                (2) <<NOTE: 21 USC 379j-52 note.>>  Effective date.--The
            amendment made by paragraph (1) shall take effect as of the
            enactment of the FDA Reauthorization Act of 2017 (Public Law
            115-52).

                               PART II--USER FEES

    SEC. 3861. <<NOTE: 21 USC 379j-71 note.>>  FINDING.

        The Congress finds that the fees authorized by the amendments made
    in this part will be dedicated to OTC monograph drug activities, as set
    forth in the goals identified for purposes of part 10 of subchapter C of
    chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters
    from the Secretary of Health and Human Services to the Chairman of the
    Committee on Health, Education, Labor, and Pensions of the Senate and
    the Chairman of the Committee on Energy and Commerce of the House of
    Representatives, as set forth in the Congressional Record.
    SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.

        Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic
    Act (21 U.S.C. 379f et seq.) is amended by inserting after part 9 the
    following:

    [[Page 134 STAT. 459]]

               ``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS

    ``SEC. 744L. <<NOTE: 21 USC 379j-71.>>  DEFINITIONS.

        ``In this part:
                ``(1) The term `affiliate' means a business entity that has
            a relationship with a second business entity if, directly or
            indirectly--
                        ``(A) one business entity controls, or has the power
                    to control, the other business entity; or
                        ``(B) a third party controls, or has power to
                    control, both of the business entities.
                ``(2) The term `contract manufacturing organization
            facility' means an OTC monograph drug facility where neither the
            owner of such manufacturing facility nor any affiliate of such
            owner or facility sells the OTC monograph drug produced at such
            facility directly to wholesalers, retailers, or consumers in the
            United States.
                ``(3) The term `costs of resources allocated for OTC
            monograph drug activities' means the expenses in connection with
            OTC monograph drug activities for--
                        ``(A) officers and employees of the Food and Drug
                    Administration, contractors of the Food and Drug
                    Administration, advisory committees, and costs related
                    to such officers, employees, and committees and costs
                    related to contracts with such contractors;
                        ``(B) management of information, and the
                    acquisition, maintenance, and repair of computer
                    resources;
                        ``(C) leasing, maintenance, renovation, and repair
                    of facilities and acquisition, maintenance, and repair
                    of fixtures, furniture, scientific equipment, and other
                    necessary materials and supplies; and
                        ``(D) collecting fees under section 744M and
                    accounting for resources allocated for OTC monograph
                    drug activities.
                ``(4) The term `FDA establishment identifier' is the unique
            number automatically generated by Food and Drug Administration's
            Field Accomplishments and Compliance Tracking System (FACTS) (or
            any successor system).
                ``(5) The term `OTC monograph drug' means a nonprescription
            drug without an approved new drug application which is governed
            by the provisions of section 505G.
                ``(6) The term `OTC monograph drug activities' means
            activities of the Secretary associated with OTC monograph drugs
            and inspection of facilities associated with such products,
            including the following activities:
                        ``(A) The activities necessary for review and
                    evaluation of OTC monographs and OTC monograph order
                    requests, including--
                              ``(i) orders proposing or finalizing
                          applicable conditions of use for OTC monograph
                          drugs;
                              ``(ii) orders affecting status regarding
                          general recognition of safety and effectiveness of
                          an OTC monograph ingredient or combination of
                          ingredients under specified conditions of use;
                              ``(iii) all OTC monograph drug development and
                          review activities, including intra-agency
                          collaboration;

    [[Page 134 STAT. 460]]

                              ``(iv) regulation and policy development
                          activities related to OTC monograph drugs;
                              ``(v) development of product standards for
                          products subject to review and evaluation;
                              ``(vi) meetings referred to in section
                          505G(i);
                              ``(vii) review of labeling prior to issuance
                          of orders related to OTC monograph drugs or
                          conditions of use; and
                              ``(viii) regulatory science activities related
                          to OTC monograph drugs.
                        ``(B) Inspections related to OTC monograph drugs.
                        ``(C) Monitoring of clinical and other research
                    conducted in connection with OTC monograph drugs.
                        ``(D) Safety activities with respect to OTC
                    monograph drugs, including--
                              ``(i) collecting, developing, and reviewing
                          safety information on OTC monograph drugs,
                          including adverse event reports;
                              ``(ii) developing and using improved adverse
                          event data-collection systems, including
                          information technology systems; and
                              ``(iii) developing and using improved
                          analytical tools to assess potential safety risks,
                          including access to external databases.
                        ``(E) Other activities necessary for implementation
                    of section 505G.
                ``(7) The term `OTC monograph order request' means a request
            for an order submitted under section 505G(b)(5).
                ``(8) The term `Tier 1 OTC monograph order request' means
            any OTC monograph order request not determined to be a Tier 2
            OTC monograph order request.
                ``(9)(A) The term `Tier 2 OTC monograph order request'
            means, subject to subparagraph (B), an OTC monograph order
            request for--
                        ``(i) the reordering of existing information in the
                    drug facts label of an OTC monograph drug;
                        ``(ii) the addition of information to the other
                    information section of the drug facts label of an OTC
                    monograph drug, as limited by section 201.66(c)(7) of
                    title 21, Code of Federal Regulations (or any successor
                    regulations);
                        ``(iii) modification to the directions for use
                    section of the drug facts label of an OTC monograph
                    drug, if such changes conform to changes made pursuant
                    to section 505G(c)(3)(A);
                        ``(iv) the standardization of the concentration or
                    dose of a specific finalized ingredient within a
                    particular finalized monograph;
                        ``(v) a change to ingredient nomenclature to align
                    with nomenclature of a standards-setting organization;
                    or
                        ``(vi) addition of an interchangeable term in
                    accordance with section 330.1 of title 21, Code of
                    Federal Regulations (or any successor regulations).
                ``(B) The Secretary may, based on program implementation
            experience or other factors found appropriate by the Secretary,
            characterize any OTC monograph order request as a Tier 2 OTC
            monograph order request (including recharacterizing a

    [[Page 134 STAT. 461]]

            request from Tier 1 to Tier 2) and publish such determination in
            a proposed order issued pursuant to section 505G.
                ``(10)(A) The term `OTC monograph drug facility' means a
            foreign or domestic business or other entity that--
                        ``(i) is--
                              ``(I) under one management, either direct or
                          indirect; and
                              ``(II) at one geographic location or address
                          engaged in manufacturing or processing the
                          finished dosage form of an OTC monograph drug;
                        ``(ii) includes a finished dosage form manufacturer
                    facility in a contractual relationship with the sponsor
                    of one or more OTC monograph drugs to manufacture or
                    process such drugs; and
                        ``(iii) does not include a business or other entity
                    whose only manufacturing or processing activities are
                    one or more of the following: production of clinical
                    research supplies, testing, or placement of outer
                    packaging on packages containing multiple products, for
                    such purposes as creating multipacks, when each
                    monograph drug product contained within the
                    overpackaging is already in a final packaged form prior
                    to placement in the outer overpackaging.
                ``(B) For purposes of subparagraph (A)(i)(II), separate
            buildings or locations within close proximity are considered to
            be at one geographic location or address if the activities
            conducted in such buildings or locations are--
                        ``(i) closely related to the same business
                    enterprise;
                        ``(ii) under the supervision of the same local
                    management; and
                        ``(iii) under a single FDA establishment identifier
                    and capable of being inspected by the Food and Drug
                    Administration during a single inspection.
                ``(C) If a business or other entity would meet criteria
            specified in subparagraph (A), but for being under multiple
            management, the business or other entity is deemed to constitute
            multiple facilities, one per management entity, for purposes of
            this paragraph.
                ``(11) The term `OTC monograph drug meeting' means any
            meeting regarding the content of a proposed OTC monograph order
            request.
                ``(12) The term `person' includes an affiliate of a person.
                ``(13) The terms `requestor' and `sponsor' have the meanings
            given such terms in section 505G.
    ``SEC. 744M. <<NOTE: 21 USC 379j-72.>>  AUTHORITY TO ASSESS AND
                              USE OTC MONOGRAPH FEES.

        ``(a) <<NOTE: Effective date.>>  Types of Fees.--Beginning with
    fiscal year 2021, the Secretary shall assess and collect fees in
    accordance with this section as follows:
                ``(1) Facility fee.--
                        ``(A) <<NOTE: Time period.>>  In general.--Each
                    person that owns a facility identified as an OTC
                    monograph drug facility on December 31 of the fiscal
                    year or at any time during the preceding 12-month period
                    shall be assessed an annual fee for each such facility
                    as determined under subsection (c).
                        ``(B) Exceptions.--

    [[Page 134 STAT. 462]]

                              ``(i) Facilities that cease activities.--A fee
                          shall not be assessed under subparagraph (A) if
                          the identified OTC monograph drug facility--
                                        ``(I) has ceased all activities
                                    related to OTC monograph drugs prior to
                                    December 31 of the year immediately
                                    preceding the applicable fiscal year;
                                    and
                                        ``(II) has updated its registration
                                    to reflect such change under the
                                    requirements for drug establishment
                                    registration set forth in section 510.
                              ``(ii) Contract manufacturing organizations.--
                          The amount of the fee for a contract manufacturing
                          organization facility shall be equal to two-thirds
                          of the amount of the fee for an OTC monograph drug
                          facility that is not a contract manufacturing
                          organization facility.
                        ``(C) Amount.--The amount of fees established under
                    subparagraph (A) shall be established under subsection
                    (c).
                        ``(D) Due date.--
                              ``(i) For first program year.--For fiscal year
                          2021, the facility fees required under
                          subparagraph (A) shall be due on the later of--
                                        ``(I) the first business day of July
                                    of 2020; or
                                        ``(II) 45 calendar days after
                                    publication of the Federal Register
                                    notice provided for under subsection
                                    (c)(4)(A).
                              ``(ii) Subsequent fiscal years.--For each
                          fiscal year after fiscal year 2021, the facility
                          fees required under subparagraph (A) shall be due
                          on the later of--
                                        ``(I) the first business day of June
                                    of such year; or
                                        ``(II) the first business day after
                                    the enactment of an appropriations Act
                                    providing for the collection and
                                    obligation of fees under this section
                                    for such year.
                ``(2) OTC monograph order request fee.--
                        ``(A) In general.--Each person that submits an OTC
                    monograph order request shall be subject to a fee for an
                    OTC monograph order request. The amount of such fee
                    shall be--
                              ``(i) for a Tier 1 OTC monograph order
                          request, $500,000, adjusted for inflation for the
                          fiscal year (as determined under subsection
                          (c)(1)(B)); and
                              ``(ii) for a Tier 2 OTC monograph order
                          request, $100,000, adjusted for inflation for the
                          fiscal year (as determined under subsection
                          (c)(1)(B)).
                        ``(B) Due date.--The OTC monograph order request
                    fees required under subparagraph (A) shall be due on the
                    date of submission of the OTC monograph order request.
                        ``(C) Exception for certain safety changes.--A
                    person who is named as the requestor in an OTC monograph
                    order shall not be subject to a fee under subparagraph
                    (A) if the Secretary finds that the OTC monograph order
                    request seeks to change the drug facts labeling of an
                    OTC monograph drug in a way that would add to or
                    strengthen--

    [[Page 134 STAT. 463]]

                              ``(i) a contraindication, warning, or
                          precaution;
                              ``(ii) a statement about risk associated with
                          misuse or abuse; or
                              ``(iii) an instruction about dosage and
                          administration that is intended to increase the
                          safe use of the OTC monograph drug.
                        ``(D) Refund of fee if order request is
                    recategorized as a tier 2 otc monograph order request.--
                    If the Secretary <<NOTE: Determination.>>  determines
                    that an OTC monograph request initially characterized as
                    Tier 1 shall be re-characterized as a Tier 2 OTC
                    monograph order request, and the requestor has paid a
                    Tier 1 fee in accordance with subparagraph (A)(i), the
                    Secretary shall refund the requestor the difference
                    between the Tier 1 and Tier 2 fees determined under
                    subparagraphs (A)(i) and (A)(ii), respectively.
                        ``(E) Refund of fee if order request refused for
                    filing or withdrawn before filing.--The Secretary shall
                    refund 75 percent of the fee paid under subparagraph (B)
                    for any order request which is refused for filing or was
                    withdrawn before being accepted or refused for filing.
                        ``(F) Fees for order requests previously refused for
                    filing or withdrawn before filing.--An OTC monograph
                    order request that was submitted but was refused for
                    filing, or was withdrawn before being accepted or
                    refused for filing, shall be subject to the full fee
                    under subparagraph (A) upon being resubmitted or filed
                    over protest.
                        ``(G) Refund of fee if order request withdrawn.--If
                    an order request is withdrawn after the order request
                    was filed, the Secretary may refund the fee or a portion
                    of the fee if no substantial work was performed on the
                    order request after the application was filed. The
                    Secretary shall have the sole discretion to refund a fee
                    or a portion of the fee under this subparagraph. A
                    determination by the Secretary concerning a refund under
                    this subparagraph shall not be reviewable.
                ``(3) Refunds.--
                        ``(A) In general.--Other than refunds provided
                    pursuant to any of subparagraphs (D) through (G) of
                    paragraph (2), the Secretary shall not refund any fee
                    paid under paragraph (1) except as provided in
                    subparagraph (B).
                        ``(B) <<NOTE: Deadline.>>  Disputes concerning
                    fees.--To qualify for the return of a fee claimed to
                    have been paid in error under paragraph (1) or (2), a
                    person shall submit to the Secretary a written request
                    justifying such return within 180 calendar days after
                    such fee was paid.
                ``(4) <<NOTE: Federal Register, publication.>>  Notice.--
            Within the timeframe specified in subsection (c), the Secretary
            shall publish in the Federal Register the amount of the fees
            under paragraph (1) for such fiscal year.

        ``(b) Fee Revenue Amounts.--
                ``(1) Fiscal year 2021.--For fiscal year 2021, fees under
            subsection (a)(1) shall be established to generate a total
            facility fee revenue amount equal to the sum of--
                        ``(A) the annual base revenue for fiscal year 2021
                    (as determined under paragraph (3));

    [[Page 134 STAT. 464]]

                        ``(B) the dollar amount equal to the operating
                    reserve adjustment for the fiscal year, if applicable
                    (as determined under subsection (c)(2)); and
                        ``(C) additional direct cost adjustments (as
                    determined under subsection (c)(3)).
                ``(2) Subsequent fiscal years.--For each of the fiscal years
            2022 through 2025, fees under subsection (a)(1) shall be
            established to generate a total facility fee revenue amount
            equal to the sum of--
                        ``(A) the annual base revenue for the fiscal year
                    (as determined under paragraph (3));
                        ``(B) the dollar amount equal to the inflation
                    adjustment for the fiscal year (as determined under
                    subsection (c)(1));
                        ``(C) the dollar amount equal to the operating
                    reserve adjustment for the fiscal year, if applicable
                    (as determined under subsection (c)(2));
                        ``(D) additional direct cost adjustments (as
                    determined under subsection (c)(3)); and
                        ``(E) additional dollar amounts for each fiscal year
                    as follows:
                              ``(i) $7,000,000 for fiscal year 2022.
                              ``(ii) $6,000,000 for fiscal year 2023.
                              ``(iii) $7,000,000 for fiscal year 2024.
                              ``(iv) $3,000,000 for fiscal year 2025.
                ``(3) Annual base revenue.--For purposes of paragraphs
            (1)(A) and (2)(A), the dollar amount of the annual base revenue
            for a fiscal year shall be--
                        ``(A) for fiscal year 2021, $8,000,000; and
                        ``(B) for fiscal years 2022 through 2025, the dollar
                    amount of the total revenue amount established under
                    this subsection for the previous fiscal year, not
                    including any adjustments made under subsection (c)(2)
                    or (c)(3).

        ``(c) Adjustments; Annual Fee Setting.--
                ``(1) Inflation adjustment.--
                        ``(A) In general.--For purposes of subsection
                    (b)(2)(B), the dollar amount of the inflation adjustment
                    to the annual base revenue for fiscal year 2022 and each
                    subsequent fiscal year shall be equal to the product
                    of--
                              ``(i) such annual base revenue for the fiscal
                          year under subsection (b)(2); and
                              ``(ii) the inflation adjustment percentage
                          under subparagraph (C).
                        ``(B) OTC monograph order request fees.--For
                    purposes of subsection (a)(2), the dollar amount of the
                    inflation adjustment to the fee for OTC monograph order
                    requests for fiscal year 2022 and each subsequent fiscal
                    year shall be equal to the product of--
                              ``(i) the applicable fee under subsection
                          (a)(2) for the preceding fiscal year; and
                              ``(ii) the inflation adjustment percentage
                          under subparagraph (C).
                        ``(C) <<NOTE: Time periods.>>  Inflation adjustment
                    percentage.--The inflation adjustment percentage under
                    this subparagraph for a fiscal year is equal to--
                              ``(i) for each of fiscal years 2022 and 2023,
                          the average annual percent change that occurred in
                          the

    [[Page 134 STAT. 465]]

                          Consumer Price Index for urban consumers
                          (Washington-Baltimore, DC-MD-VA-WV; Not Seasonally
                          Adjusted; All items; Annual Index) for the first 3
                          years of the preceding 4 years of available data;
                          and
                              ``(ii) for each of fiscal years 2024 and 2025,
                          the sum of--
                                        ``(I) the average annual percent
                                    change in the cost, per full-time
                                    equivalent position of the Food and Drug
                                    Administration, of all personnel
                                    compensation and benefits paid with
                                    respect to such positions for the first
                                    3 years of the preceding 4 fiscal years,
                                    multiplied by the proportion of
                                    personnel compensation and benefits
                                    costs to total costs of OTC monograph
                                    drug activities for the first 3 years of
                                    the preceding 4 fiscal years; and
                                        ``(II) the average annual percent
                                    change that occurred in the Consumer
                                    Price Index for urban consumers
                                    (Washington-Baltimore, DC-MD-VA-WV; Not
                                    Seasonally Adjusted; All items; Annual
                                    Index) for the first 3 years of the
                                    preceding 4 years of available data
                                    multiplied by the proportion of all
                                    costs other than personnel compensation
                                    and benefits costs to total costs of OTC
                                    monograph drug activities for the first
                                    3 years of the preceding 4 fiscal years.
                ``(2) Operating reserve adjustment.--
                        ``(A) In general.--For fiscal year 2021 and
                    subsequent fiscal years, for purposes of subsections
                    (b)(1)(B) and (b)(2)(C), the Secretary may, in addition
                    to adjustments under paragraph (1), further increase the
                    fee revenue and fees if such an adjustment is necessary
                    to provide operating reserves of carryover user fees for
                    OTC monograph drug activities for not more than the
                    number of weeks specified in subparagraph (B).
                        ``(B) Number of weeks.--The number of weeks
                    specified in this subparagraph is--
                              ``(i) 3 weeks for fiscal year 2021;
                              ``(ii) 7 weeks for fiscal year 2022;
                              ``(iii) 10 weeks for fiscal year 2023;
                              ``(iv) 10 weeks for fiscal year 2024; and
                              ``(v) 10 weeks for fiscal year 2025.
                        ``(C) <<NOTE: Time period.>>  Decrease.--If the
                    Secretary has carryover balances for such process in
                    excess of 10 weeks of the operating reserves referred to
                    in subparagraph (A), the Secretary shall decrease the
                    fee revenue and fees referred to in such subparagraph to
                    provide for not more than 10 weeks of such operating
                    reserves.
                        ``(D) Rationale for adjustment.--If an adjustment
                    under this paragraph is made, the rationale for the
                    amount of the increase or decrease (as applicable) in
                    fee revenue and fees shall be contained in the annual
                    Federal Register notice under paragraph (4) establishing
                    fee revenue and fees for the fiscal year involved.
                ``(3) Additional direct cost adjustment.--The Secretary
            shall, in addition to adjustments under paragraphs (1) and (2),
            further increase the fee revenue and fees for purposes of
            subsection (b)(2)(D) by an amount equal to--

    [[Page 134 STAT. 466]]

                        ``(A) $14,000,000 for fiscal year 2021;
                        ``(B) $7,000,000 for fiscal year 2022;
                        ``(C) $4,000,000 for fiscal year 2023;
                        ``(D) $3,000,000 for fiscal year 2024; and
                        ``(E) $3,000,000 for fiscal year 2025.
                ``(4) <<NOTE: Deadline. Federal Register, publication.>>
            Annual fee setting.--
                        ``(A) Fiscal year 2021.--The Secretary shall, not
                    later than the second Monday in May of 2020--
                              ``(i) establish OTC monograph drug facility
                          fees for fiscal year 2021 under subsection (a),
                          based on the revenue amount for such year under
                          subsection (b) and the adjustments provided under
                          this subsection; and
                              ``(ii) publish fee revenue, facility fees, and
                          OTC monograph order requests in the Federal
                          Register.
                        ``(B) Subsequent fiscal years.--The Secretary shall,
                    for each fiscal year that begins after September 30,
                    2021, not later than the second Monday in March that
                    precedes such fiscal year--
                              ``(i) establish for such fiscal year, based on
                          the revenue amounts under subsection (b) and the
                          adjustments provided under this subsection--
                                        ``(I) OTC monograph drug facility
                                    fees under subsection (a)(1); and
                                        ``(II) OTC monograph order request
                                    fees under subsection (a)(2); and
                              ``(ii) publish such fee revenue amounts,
                          facility fees, and OTC monograph order request
                          fees in the Federal Register.

        ``(d) Identification of Facilities.--Each person that owns an OTC
    monograph drug facility shall submit to the Secretary the information
    required under this subsection each year. Such information shall, for
    each fiscal year--
                ``(1) be submitted as part of the requirements for drug
            establishment registration set forth in section 510; and
                ``(2) include for each such facility, at a minimum,
            identification of the facility's business operation as that of
            an OTC monograph drug facility.

        ``(e) Effect of Failure To Pay Fees.--
                ``(1) OTC monograph drug facility fee.--
                        ``(A) <<NOTE: Time period.>>  In general.--Failure
                    to pay the fee under subsection (a)(1) within 20
                    calendar days of the due date as specified in
                    subparagraph (D) of such subsection shall result in the
                    following:
                              ``(i) <<NOTE: Public information. List.>>  The
                          Secretary shall place the facility on a publicly
                          available arrears list.
                              ``(ii) All OTC monograph drugs manufactured in
                          such a facility or containing an ingredient
                          manufactured in such a facility shall be deemed
                          misbranded under section 502(ff).
                        ``(B) Application of penalties.--The penalties under
                    this paragraph shall apply until the fee established by
                    subsection (a)(1) is paid.
                ``(2) Order requests.--An OTC monograph order request
            submitted by a person subject to fees under subsection (a) shall
            be considered incomplete and shall not be accepted for

    [[Page 134 STAT. 467]]

            filing by the Secretary until all fees owed by such person under
            this section have been paid.
                ``(3) Meetings.--A person subject to fees under this section
            shall be considered ineligible for OTC monograph drug meetings
            until all such fees owed by such person have been paid.

        ``(f) Crediting and Availability of Fees.--
                ``(1) In general.--Fees authorized under subsection (a)
            shall be collected and available for obligation only to the
            extent and in the amount provided in advance in appropriations
            Acts. Such fees are authorized to remain available until
            expended. Such sums as may be necessary may be transferred from
            the Food and Drug Administration salaries and expenses
            appropriation account without fiscal year limitation to such
            appropriation account for salaries and expenses with such fiscal
            year limitation. The sums transferred shall be available solely
            for OTC monograph drug activities.
                ``(2) Collections and appropriation acts.--
                        ``(A) In general.--Subject to subparagraph (C), the
                    fees authorized by this section shall be collected and
                    available in each fiscal year in an amount not to exceed
                    the amount specified in appropriation Acts, or otherwise
                    made available for obligation, for such fiscal year.
                        ``(B) Use of fees and limitation.--The fees
                    authorized by this section shall be available to defray
                    increases in the costs of the resources allocated for
                    OTC monograph drug activities (including increases in
                    such costs for an additional number of full-time
                    equivalent positions in the Department of Health and
                    Human Services to be engaged in such activities), only
                    if the Secretary allocates for such purpose an amount
                    for such fiscal year (excluding amounts from fees
                    collected under this section) no less than $12,000,000,
                    multiplied by the adjustment factor applicable to the
                    fiscal year involved under subsection (c)(1).
                        ``(C) Compliance.--The Secretary shall be considered
                    to have met the requirements of subparagraph (B) in any
                    fiscal year if the costs funded by appropriations and
                    allocated for OTC monograph drug activities are not more
                    than 15 percent below the level specified in such
                    subparagraph.
                        ``(D) Provision for early payments in subsequent
                    years.--Payment of fees authorized under this section
                    for a fiscal year (after fiscal year 2021), prior to the
                    due date for such fees, may be accepted by the Secretary
                    in accordance with authority provided in advance in a
                    prior year appropriations Act.
                ``(3) Authorization of appropriations.--For each of the
            fiscal years 2021 through 2025, there is authorized to be
            appropriated for fees under this section an amount equal to the
            total amount of fees assessed for such fiscal year under this
            section.

        ``(g) <<NOTE: Deadline.>>  Collection of Unpaid Fees.--In any case
    where the Secretary does not receive payment of a fee assessed under
    subsection (a) within 30 calendar days after it is due, such fee shall
    be treated as a claim of the United States Government subject to
    subchapter II of chapter 37 of title 31, United States Code.

        ``(h) Construction.--This section may not be construed to require
    that the number of full-time equivalent positions in the

    [[Page 134 STAT. 468]]

    Department of Health and Human Services, for officers, employers, and
    advisory committees not engaged in OTC monograph drug activities, be
    reduced to offset the number of officers, employees, and advisory
    committees so engaged.
    ``SEC. 744N. <<NOTE: 21 USC 379j-73.>>  REAUTHORIZATION; REPORTING
                              REQUIREMENTS.

        ``(a) <<NOTE: Effective date.>>  Performance Report.--Beginning with
    fiscal year 2021, and not later than 120 calendar days after the end of
    each fiscal year thereafter for which fees are collected under this
    part, the Secretary shall prepare and submit to the Committee on Energy
    and Commerce of the House of Representatives and the Committee on
    Health, Education, Labor, and Pensions of the Senate a report concerning
    the progress of the Food and Drug Administration in achieving the goals
    identified in the letters described in section 3861(b) of the CARES Act
    during such fiscal year and the future plans of the Food and Drug
    Administration for meeting such goals.

        ``(b) Fiscal Report.--Not later than 120 calendar days after the end
    of fiscal year 2021 and each subsequent fiscal year for which fees are
    collected under this part, the Secretary shall prepare and submit to the
    Committee on Energy and Commerce of the House of Representatives and the
    Committee on Health, Education, Labor, and Pensions of the Senate a
    report on the implementation of the authority for such fees during such
    fiscal year and the use, by the Food and Drug Administration, of the
    fees collected for such fiscal year.
        ``(c) <<NOTE: Web posting.>>  Public Availability.--The Secretary
    shall make the reports required under subsections (a) and (b) available
    to the public on the internet website of the Food and Drug
    Administration.

        ``(d) Reauthorization.--
                ``(1) <<NOTE: Recommenda- tions. Plans. Time period.>>
            Consultation.--In developing recommendations to present to the
            Congress with respect to the goals described in subsection (a),
            and plans for meeting the goals, for OTC monograph drug
            activities for the first 5 fiscal years after fiscal year 2025,
            and for the reauthorization of this part for such fiscal years,
            the Secretary shall consult with--
                        ``(A) the Committee on Energy and Commerce of the
                    House of Representatives;
                        ``(B) the Committee on Health, Education, Labor, and
                    Pensions of the Senate;
                        ``(C) scientific and academic experts;
                        ``(D) health care professionals;
                        ``(E) representatives of patient and consumer
                    advocacy groups; and
                        ``(F) the regulated industry.
                ``(2) Public review of recommendations.--After negotiations
            with the regulated industry, the Secretary shall--
                        ``(A) present the recommendations developed under
                    paragraph (1) to the congressional committees specified
                    in such paragraph;
                        ``(B) <<NOTE: Federal Register, publication.>>
                    publish such recommendations in the Federal Register;
                        ``(C) <<NOTE: Time period.>>  provide for a period
                    of 30 calendar days for the public to provide written
                    comments on such recommendations;
                        ``(D) hold a meeting at which the public may present
                    its views on such recommendations; and

    [[Page 134 STAT. 469]]

                        ``(E) after consideration of such public views and
                    comments, revise such recommendations as necessary.
                ``(3) <<NOTE: Deadline. Summary.>>  Transmittal of
            recommendations.--Not later than January 15, 2025, the Secretary
            shall transmit to the Congress the revised recommendations under
            paragraph (2), a summary of the views and comments received
            under such paragraph, and any changes made to the
            recommendations in response to such views and comments.''.

     TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
                      SECTORS OF THE UNITED STATES ECONOMY

     Subtitle <<NOTE: Coronavirus Economic Stabilization Act of 2020.>>  A--
    Coronavirus Economic Stabilization Act of 2020
    SEC. 4001. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Coronavirus Economic
    Stabilization Act of 2020''.
    SEC. 4002. <<NOTE: 15 USC 9041.>>  DEFINITIONS.

        In this subtitle:
                (1) Air carrier.--The term ``air carrier'' has the meaning
            such term has under section 40102 of title 49, United States
            Code.
                (2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2
            or another coronavirus with pandemic potential.
                (3) Covered loss.--The term ``covered loss'' includes losses
            incurred directly or indirectly as a result of coronavirus, as
            determined by the Secretary.
                (4) Eligible business.--The term ``eligible business''
            means--
                        (A) an air carrier; or
                        (B) a United States business that has not otherwise
                    received adequate economic relief in the form of loans
                    or loan guarantees provided under this Act.
                (5) Employee.--Except where the context otherwise requires,
            the term ``employee''--
                        (A) has the meaning given the term in section 2 of
                    the National Labor Relations Act (29 U.S.C. 152); and
                        (B) includes any individual employed by an employer
                    subject to the Railway Labor Act (45 U.S.C. 151 et
                    seq.).
                (6) Equity security; exchange.--The terms ``equity
            security'' and ``exchange'' have the meanings given the terms in
            section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
            78c(a)).
                (7) Municipality.--The term ``municipality'' includes--
                        (A) a political subdivision of a State, and
                        (B) an instrumentality of a municipality, a State,
                    or a political subdivision of a State.
                (8) National securities exchange.--The term ``national
            securities exchange'' means an exchange registered as a

    [[Page 134 STAT. 470]]

            national securities exchange under section 6 of the Securities
            Exchange Act of 1934 (15 U.S.C. 78f).
                (9) Secretary.--The term ``Secretary'' means the Secretary
            of the Treasury, or the designee of the Secretary of the
            Treasury.
                (10) State.--The term ``State'' means--
                        (A) any of the several States;
                        (B) the District of Columbia;
                        (C) any of the territories and possessions of the
                    United States;
                        (D) any bi-State or multi-State entity; and
                        (E) any Indian Tribe.
    SEC. 4003. <<NOTE: 15 USC 9042.>>  EMERGENCY RELIEF AND TAXPAYER
                              PROTECTIONS.

        (a) <<NOTE: Loans.>>  In General.--Notwithstanding any other
    provision of law, to provide liquidity to eligible businesses, States,
    and municipalities related to losses incurred as a result of
    coronavirus, the Secretary is authorized to make loans, loan guarantees,
    and other investments in support of eligible businesses, States, and
    municipalities that do not, in the aggregate, exceed $500,000,000,000
    and provide the subsidy amounts necessary for such loans, loan
    guarantees, and other investments in accordance with the provisions of
    the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

        (b) Loans, Loan Guarantees, and Other Investments.--Loans, loan
    guarantees, and other investments made pursuant to subsection (a) shall
    be made available as follows:
                (1) Not more than $25,000,000,000 shall be available to make
            loans and loan guarantees for passenger air carriers, eligible
            businesses that are certified under part 145 of title 14, Code
            of Federal Regulations, and approved to perform inspection,
            repair, replace, or overhaul services, and ticket agents (as
            defined in section 40102 of title 49, United States Code).
                (2) Not more than $4,000,000,000 shall be available to make
            loans and loan guarantees for cargo air carriers.
                (3) Not more than $17,000,000,000 shall be available to make
            loans and loan guarantees for businesses critical to maintaining
            national security.
                (4) Not more than the sum of $454,000,000,000 and any
            amounts available under paragraphs (1), (2), and (3) that are
            not used as provided under those paragraphs shall be available
            to make loans and loan guarantees to, and other investments in,
            programs or facilities established by the Board of Governors of
            the Federal Reserve System for the purpose of providing
            liquidity to the financial system that supports lending to
            eligible businesses, States, or municipalities by--
                        (A) purchasing obligations or other interests
                    directly from issuers of such obligations or other
                    interests;
                        (B) purchasing obligations or other interests in
                    secondary markets or otherwise; or
                        (C) making loans, including loans or other advances
                    secured by collateral.

        (c) Terms and Conditions.--
                (1) In general.--
                        (A) Forms; terms and conditions.--A loan, loan
                    guarantee, or other investment by the Secretary shall be
                    made under this section in such form and on such terms
                    and

    [[Page 134 STAT. 471]]

                    conditions and contain such covenants, representations,
                    warranties, and requirements (including requirements for
                    audits) as the Secretary determines appropriate. Any
                    loans made by the Secretary under this section shall be
                    at a rate determined by the Secretary based on the risk
                    and the current average yield on outstanding marketable
                    obligations of the United States of comparable maturity.
                        (B) <<NOTE: Deadline. Publication.>>  Procedures.--
                    As soon as practicable, but in no case later than 10
                    days after the date of enactment of this Act, the
                    Secretary shall publish procedures for application and
                    minimum requirements, which may be supplemented by the
                    Secretary in the Secretary's discretion, for making
                    loans, loan guarantees, or other investments under
                    paragraphs (1), (2) and (3) of subsection (b) .
                (2) <<NOTE: Time periods. Determinations.>>  Loans and loan
            guarantees .--The Secretary may enter into agreements to make
            loans or loan guarantees to 1 or more eligible businesses under
            paragraphs (1), (2) and (3) of subsection (b) if the Secretary
            determines that, in the Secretary's discretion--
                        (A) the applicant is an eligible business for which
                    credit is not reasonably available at the time of the
                    transaction;
                        (B) the intended obligation by the applicant is
                    prudently incurred;
                        (C) the loan or loan guarantee is sufficiently
                    secured or is made at a rate that--
                              (i) reflects the risk of the loan or loan
                          guarantee; and
                              (ii) is to the extent practicable, not less
                          than an interest rate based on market conditions
                          for comparable obligations prevalent prior to the
                          outbreak of the coronavirus disease 2019 (COVID-
                          19);
                        (D) the duration of the loan or loan guarantee is as
                    short as practicable and in any case not longer than 5
                    years;
                        (E) the agreement provides that, until the date 12
                    months after the date the loan or loan guarantee is no
                    longer outstanding, neither the eligible business nor
                    any affiliate of the eligible business may purchase an
                    equity security that is listed on a national securities
                    exchange of the eligible business or any parent company
                    of the eligible business, except to the extent required
                    under a contractual obligation in effect as of the date
                    of enactment of this Act;
                        (F) the agreement provides that, until the date 12
                    months after the date the loan or loan guarantee is no
                    longer outstanding, the eligible business shall not pay
                    dividends or make other capital distributions with
                    respect to the common stock of the eligible business;
                        (G) the agreement provides that, until September 30,
                    2020, the eligible business shall maintain its
                    employment levels as of March 24, 2020, to the extent
                    practicable, and in any case shall not reduce its
                    employment levels by more than 10 percent from the
                    levels on such date;
                        (H) <<NOTE: Certification.>>  the agreement includes
                    a certification by the eligible business that it is
                    created or organized in the United States or under the
                    laws of the United States

    [[Page 134 STAT. 472]]

                    and has significant operations in and a majority of its
                    employees based in the United States; and
                        (I) <<NOTE: Determination.>>  for purposes of a loan
                    or loan guarantee under paragraphs (1), (2), and (3) of
                    subsection (b), the eligible business must have incurred
                    or is expected to incur covered losses such that the
                    continued operations of the business are jeopardized, as
                    determined by the Secretary.
                (3) Federal reserve programs or facilities.--
                        (A) Terms and conditions.--
                              (i) Definition.--In this paragraph, the term
                          ``direct loan'' means a loan under a bilateral
                          loan agreement that is --
                                        (I) entered into directly with an
                                    eligible business as borrower; and
                                        (II) not part of a syndicated loan,
                                    a loan originated by a financial
                                    institution in the ordinary course of
                                    business, or a securities or capital
                                    markets transaction.
                              (ii) <<NOTE: Time periods.>>  Restrictions.--
                          The Secretary may make a loan, loan guarantee, or
                          other investment under subsection (b)(4) as part
                          of a program or facility that provides direct
                          loans only if the applicable eligible businesses
                          agree--
                                        (I) until the date 12 months after
                                    the date on which the direct loan is no
                                    longer outstanding, not to repurchase an
                                    equity security that is listed on a
                                    national securities exchange of the
                                    eligible business or any parent company
                                    of the eligible business while the
                                    direct loan is outstanding, except to
                                    the extent required under a contractual
                                    obligation that is in effect as of the
                                    date of enactment of this Act;
                                        (II) until the date 12 months after
                                    the date on which the direct loan is no
                                    longer outstanding, not to pay dividends
                                    or make other capital distributions with
                                    respect to the common stock of the
                                    eligible business; and
                                        (III) to comply with the limitations
                                    on compensation set forth in section
                                    4004.
                              (iii) <<NOTE: Determination.>>  Waiver.--The
                          Secretary may waive the requirement under clause
                          (ii) with respect to any program or facility upon
                          a determination that such waiver is necessary to
                          protect the interests of the Federal
                          Government. <<NOTE: Testimony.>>  If the Secretary
                          exercises a waiver under this clause, the
                          Secretary shall make himself available to testify
                          before the Committee on Banking, Housing, and
                          Urban Affairs of the Senate and the Committee on
                          Financial Services of the House of Representatives
                          regarding the reasons for the waiver.
                        (B) Federal reserve act taxpayer protections and
                    other requirements apply.--For the avoidance of doubt,
                    any applicable requirements under section 13(3) of the
                    Federal Reserve Act (12 U.S.C. 343(3)), including
                    requirements relating to loan collateralization,
                    taxpayer protection, and borrower solvency, shall apply
                    with respect to any program or facility described in
                    subsection (b)(4).

    [[Page 134 STAT. 473]]

                        (C) United states businesses.--A program or facility
                    in which the Secretary makes a loan, loan guarantee, or
                    other investment under subsection (b)(4) shall only
                    purchase obligations or other interests (other than
                    securities that are based on an index or that are based
                    on a diversified pool of securities) from, or make loans
                    or other advances to, businesses that are created or
                    organized in the United States or under the laws of the
                    United States and that have significant operations in
                    and a majority of its employees based in the United
                    States.
                        (D) Assistance for mid-sized businesses.--
                              (i) In general.--Without limiting the terms
                          and conditions of the programs and facilities that
                          the Secretary may otherwise provide financial
                          assistance to under subsection (b)(4), the
                          Secretary shall endeavor to seek the
                          implementation of a program or facility described
                          in subsection (b)(4) that provides financing to
                          banks and other lenders that make direct loans to
                          eligible businesses including, to the extent
                          practicable, nonprofit organizations, with between
                          500 and 10,000 employees, with such direct loans
                          being subject to an annualized interest rate that
                          is not higher than 2 percent per
                          annum. <<NOTE: Time period.>>  For the first 6
                          months after any such direct loan is made, or for
                          such longer period as the Secretary may determine
                          in his discretion, no principal or interest shall
                          be due and payable. <<NOTE: Certification.>>  Any
                          eligible borrower applying for a direct loan under
                          this program shall make a good-faith certification
                          that--
                                        (I) the uncertainty of economic
                                    conditions as of the date of the
                                    application makes necessary the loan
                                    request to support the ongoing
                                    operations of the recipient;
                                        (II) <<NOTE: Termination date.>>
                                    the funds it receives will be used to
                                    retain at least 90 percent of the
                                    recipient's workforce, at full
                                    compensation and benefits, until
                                    September 30, 2020;
                                        (III) <<NOTE: Deadline.>>  the
                                    recipient intends to restore not less
                                    than 90 percent of the workforce of the
                                    recipient that existed as of February 1,
                                    2020, and to restore all compensation
                                    and benefits to the workers of the
                                    recipient no later than 4 months after
                                    the termination date of the public
                                    health emergency declared by the
                                    Secretary of Health and Human Services
                                    on January 31, 2020, under section 319
                                    of the Public Health Services Act (42
                                    U.S.C. 247d) in response to COVID-19;
                                        (IV) the recipient is an entity or
                                    business that is domiciled in the United
                                    States with significant operations and
                                    employees located in the United States;
                                        (V) the recipient is not a debtor in
                                    a bankruptcy proceeding;
                                        (VI) the recipient is created or
                                    organized in the United States or under
                                    the laws of the United States and has
                                    significant operations in and a majority
                                    of its employees based in the United
                                    States;

    [[Page 134 STAT. 474]]

                                        (VII) the recipient will not pay
                                    dividends with respect to the common
                                    stock of the eligible business, or
                                    repurchase an equity security that is
                                    listed on a national securities exchange
                                    of the recipient or any parent company
                                    of the recipient while the direct loan
                                    is outstanding, except to the extent
                                    required under a contractual obligation
                                    that is in effect as of the date of
                                    enactment of this Act;
                                        (VIII) <<NOTE: Time period.>>  the
                                    recipient will not outsource or offshore
                                    jobs for the term of the loan and 2
                                    years after completing repayment of the
                                    loan;
                                        (IX) <<NOTE: Time period.>>  the
                                    recipient will not abrogate existing
                                    collective bargaining agreements for the
                                    term of the loan and 2 years after
                                    completing repayment of the loan; and
                                        (X) that the recipient will remain
                                    neutral in any union organizing effort
                                    for the term of the loan.
                              (ii) Main street lending program.--Nothing in
                          this subparagraph shall limit the discretion of
                          the Board of Governors of the Federal Reserve
                          System to establish a Main Street Lending Program
                          or other similar program or facility that supports
                          lending to small and mid-sized businesses on such
                          terms and conditions as the Board may set
                          consistent with section 13(3) of the Federal
                          Reserve Act (12 U.S.C. 343(3)), including any such
                          program in which the Secretary makes a loan, loan
                          guarantee, or other investment under subsection
                          (b)(4).
                        (E) Government participants.--The Secretary shall
                    endeavor to seek the implementation of a program or
                    facility in accordance with subsection (b)(4) that
                    provides liquidity to the financial system that supports
                    lending to States and municipalities.

        (d) Financial Protection of Government.--
                (1) Warrant or senior debt instrument.--The Secretary may
            not issue a loan to, or a loan guarantee for, an eligible
            business under paragraph (1), (2), or (3) of subsection (b)
            unless--
                        (A)(i) the eligible business has issued securities
                    that are traded on a national securities exchange; and
                        (ii) the Secretary receives a warrant or equity
                    interest in the eligible business; or
                        (B) in the case of any eligible business other than
                    an eligible business described in subparagraph (A), the
                    Secretary receives, in the discretion of the Secretary--
                              (i) a warrant or equity interest in the
                          eligible business; or
                              (ii) a senior debt instrument issued by the
                          eligible business.
                (2) Terms and conditions.--The terms and conditions of any
            warrant, equity interest, or senior debt instrument received
            under paragraph (1) shall be set by the Secretary and shall meet
            the following requirements:
                        (A) Purposes.--Such terms and conditions shall be
                    designed to provide for a reasonable participation by
                    the

    [[Page 134 STAT. 475]]

                    Secretary, for the benefit of taxpayers, in equity
                    appreciation in the case of a warrant or other equity
                    interest, or a reasonable interest rate premium, in the
                    case of a debt instrument.
                        (B) Authority to sell, exercise, or surrender.--For
                    the primary benefit of taxpayers, the Secretary may
                    sell, exercise, or surrender a warrant or any senior
                    debt instrument received under this subsection. The
                    Secretary shall not exercise voting power with respect
                    to any shares of common stock acquired under this
                    section.
                        (C) <<NOTE: Determination.>>  Sufficiency.--If the
                    Secretary determines that the eligible business cannot
                    feasibly issue warrants or other equity interests as
                    required by this subsection, the Secretary may accept a
                    senior debt instrument in an amount and on such terms as
                    the Secretary deems appropriate.
                (3) Prohibition on loan forgiveness.--The principal amount
            of any obligation issued by an eligible business, State, or
            municipality under a program described in subsection (b) shall
            not be reduced through loan forgiveness.

        (e) Deposit of Proceeds.--Amounts collected under subsection (b)
    shall be deposited in the following order of priority:
                (1) Into the financing accounts established under section
            505 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d) to
            implement this subtitle, up to an amount equal to the sum of--
                        (A) the amount transferred from the appropriation
                    made under section 4027 to the financing accounts; and
                        (B) the amount necessary to repay any amount lent
                    from the Treasury to such financing accounts.
                (2) After the deposits specified in paragraph (1) of this
            subsection have been made, into the Federal Old-Age and
            Survivors Insurance Trust Fund established under section 201(a)
            of the Social Security Act (42 U.S.C. 401).

        (f) Administrative Provisions.--Notwithstanding any other provision
    of law, the Secretary may use not greater than $100,000,000 of the funds
    made available under section 4027 to pay costs and administrative
    expenses associated with the loans, loan guarantees, and other
    investments authorized under this section. The Secretary is authorized
    to take such actions as the Secretary deems necessary to carry out the
    authorities in this subtitle, including, without limitation--
                (1) using direct hiring authority to hire employees to
            administer this subtitle;
                (2) <<NOTE: Contracts.>>  entering into contracts, including
            contracts for services authorized by this subtitle;
                (3) establishing vehicles that are authorized, subject to
            supervision by the Secretary, to purchase, hold, and sell assets
            and issue obligations; and
                (4) <<NOTE: Regulations. Guidance.>>  issuing such
            regulations and other guidance as may be necessary or
            appropriate to carry out the authorities or purposes of this
            subtitle.

        (g) Financial Agents.--The Secretary is authorized to designate
    financial institutions, including but not limited to, depositories,
    brokers, dealers, and other institutions, as financial agents of the
    United States. Such institutions shall--
                (1) perform all reasonable duties the Secretary determines
            necessary to respond to the coronavirus; and

    [[Page 134 STAT. 476]]

                (2) <<NOTE: Reimbursement.>>  be paid for such duties using
            appropriations available to the Secretary to reimburse financial
            institutions in their capacity as financial agents of the United
            States.

        (h) Loans Made by or Guaranteed by the Department of the Treasury
    Treated as Indebtedness for Tax Purposes.--
                (1) In general.--Any loan made by or guaranteed by the
            Department of the Treasury under this section shall be treated
            as indebtedness for purposes of the Internal Revenue Code of
            1986, shall be treated as issued for its stated principal
            amount, and stated interest on such loans shall be treated as
            qualified stated interest.
                (2) Regulations or guidance.--The Secretary of the Treasury
            (or the Secretary's delegate) shall prescribe such regulations
            or guidance as may be necessary or appropriate to carry out the
            purposes of this section, including guidance providing that the
            acquisition of warrants, stock options, common or preferred
            stock or other equity under this section does not result in an
            ownership change for purposes of section 382 of the Internal
            Revenue Code of 1986.
    SEC. 4004. <<NOTE: Time periods. 15 USC 9043.>>  LIMITATION ON
                              CERTAIN EMPLOYEE COMPENSATION.

        (a) In General.--The Secretary may only enter into an agreement with
    an eligible business to make a loan or loan guarantee under paragraph
    (1), (2) or (3) of section 4003(b) if such agreement provides that,
    during the period beginning on the date on which the agreement is
    executed and ending on the date that is 1 year after the date on which
    the loan or loan guarantee is no longer outstanding--
                (1) no officer or employee of the eligible business whose
            total compensation exceeded $425,000 in calendar year 2019
            (other than an employee whose compensation is determined through
            an existing collective bargaining agreement entered into prior
            to March 1, 2020)--
                        (A) will receive from the eligible business total
                    compensation which exceeds, during any 12 consecutive
                    months of such period, the total compensation received
                    by the officer or employee from the eligible business in
                    calendar year 2019; or
                        (B) will receive from the eligible business
                    severance pay or other benefits upon termination of
                    employment with the eligible business which exceeds
                    twice the maximum total compensation received by the
                    officer or employee from the eligible business in
                    calendar year 2019; and
                (2) no officer or employee of the eligible business whose
            total compensation exceeded $3,000,000 in calendar year 2019 may
            receive during any 12 consecutive months of such period total
            compensation in excess of the sum of--
                        (A) $3,000,000; and
                        (B) 50 percent of the excess over $3,000,000 of the
                    total compensation received by the officer or employee
                    from the eligible business in calendar year 2019.

        (b) Total Compensation Defined.--In this section, the term ``total
    compensation'' includes salary, bonuses, awards of stock, and other
    financial benefits provided by an eligible business to an officer or
    employee of the eligible business.

    [[Page 134 STAT. 477]]

    SEC. 4005. <<NOTE: Requirement. 15 USC 9044.>>  CONTINUATION OF
                              CERTAIN AIR SERVICE.

        The Secretary of Transportation is authorized to require, to the
    extent reasonable and practicable, an air carrier receiving loans and
    loan guarantees under section 4003 to maintain scheduled air
    transportation service as the Secretary of Transportation deems
    necessary to ensure services to any point served by that carrier before
    March 1, 2020. When considering whether to exercise the authority
    granted by this section, the Secretary of Transportation shall take into
    consideration the air transportation needs of small and remote
    communities and the need to maintain well-functioning health care and
    pharmaceutical supply chains, including for medical devices and
    supplies. <<NOTE: Termination date.>>  The authority under this section,
    including any requirement issued by the Secretary under this section,
    shall terminate on March 1, 2022.
    SEC. 4006. <<NOTE: 15 USC 9045.>>  COORDINATION WITH SECRETARY OF
                              TRANSPORTATION.

        In implementing this subtitle with respect to air carriers, the
    Secretary shall coordinate with the Secretary of Transportation.
    SEC. 4007. <<NOTE: Time period. 15 USC 9046.>>  SUSPENSION OF
                              CERTAIN AVIATION EXCISE TAXES.

        (a) Transportation by Air.--In the case of any amount paid for
    transportation by air (including any amount treated as paid for
    transportation by air by reason of section 4261(e)(3) of the Internal
    Revenue Code of 1986) during the excise tax holiday period, no tax shall
    be imposed under section 4261 or 4271 of such Code. The preceding
    sentence shall not apply to amounts paid on or before the date of the
    enactment of this Act.
        (b) Use of Kerosene in Commercial Aviation.--In the case of kerosene
    used in commercial aviation (as defined in section 4083 of the Internal
    Revenue Code of 1986) during the excise tax holiday period--
                (1) no tax shall be imposed on such kerosene under--
                        (A) section 4041(c) of the Internal Revenue Code of
                    1986, or
                        (B) section 4081 of such Code (other than at the
                    rate provided in subsection (a)(2)(B) thereof), and
                (2) <<NOTE: Applicability.>>  section 6427(l) of such Code
            shall be applied--
                        (A) by treating such use as a nontaxable use, and
                        (B) without regard to paragraph (4)(A)(ii) thereof.

        (c) <<NOTE: Definition.>>  Excise Tax Holiday Period.--For purposes
    of this section, the term ``excise tax holiday period'' means the period
    beginning after the date of the enactment of this section and ending
    before January 1, 2021.
    SEC. 4008. DEBT GUARANTEE AUTHORITY.

        (a) Section 1105 of the Dodd-Frank Wall Street Reform and Consumer
    Protection Act (12 U.S.C. 5612) is amended--
                (1) in subsection (f)--
                        (A) by inserting ``in noninterest-bearing
                    transaction accounts'' after ``institutions''; and
                        (B) by striking ``shall not'' and inserting ``may'';
                    and
                (2) by adding at the end the following:

        ``(h) Approval of Guarantee Program During the COVID-19 Crisis.--
                ``(1) <<NOTE: Deadline.>>  In general.--For purposes of the
            congressional joint resolution of approval provided for in
            subsections (c)(1) and (2) and (d), notwithstanding any other
            provision of this section, the Federal Deposit Insurance
            Corporation is approved upon

    [[Page 134 STAT. 478]]

            enactment of this Act to establish a program provided for in
            subsection (a), provided that any such program and any such
            guarantee shall terminate not later than December 31, 2020.
                ``(2) Maximum amount.--Any debt guarantee program authorized
            by this subsection shall include a maximum amount of outstanding
            debt that is guaranteed.''.

        (b) <<NOTE: 15 USC 9047.>>  Federal Credit Union Transaction Account
    Guarantees.--Notwithstanding any <<NOTE: Coordination. Deadline.>>
    other provision of law and in coordination with the Federal Deposit
    Insurance Corporation, the National Credit Union Administration Board
    may by a vote of the Board increase to unlimited, or such lower amount
    as the Board approves, the share insurance coverage provided by the
    National Credit Union Share Insurance Fund on any noninterest-bearing
    transaction account in any federally insured credit union without
    exception, provided that any such increase shall terminate not later
    than December 31, 2020.
    SEC. 4009. <<NOTE: Determination. Time period. 15 USC 9048.>>
                              TEMPORARY GOVERNMENT IN THE SUNSHINE ACT
                              RELIEF.

        (a) In General.--Except as provided in subsection (b),
    notwithstanding any other provision of law, if the Chairman of the Board
    of Governors of the Federal Reserve System determines, in writing, that
    unusual and exigent circumstances exist, the Board may conduct meetings
    without regard to the requirements of section 552b of title 5, United
    States Code, during the period beginning on the date of enactment of
    this Act and ending on the earlier of--
                (1) the date on which the national emergency concerning the
            novel coronavirus disease (COVID-19) outbreak declared by the
            President on March 13, 2020 under the National Emergencies Act
            (50 U.S.C. 1601 et seq.) terminates; or
                (2) December 31, 2020.

        (b) Records.--The Board of Governors of the Federal Reserve System
    shall keep a record of all Board votes and the reasons for such votes
    during the period described in subsection (a).
    SEC. 4010. <<NOTE: Time period. 15 USC 9049.>>  TEMPORARY HIRING
                              FLEXIBILITY.

        (a) Definition.--In this section, the term ``covered period'' means
    the period beginning on the date of enactment of this Act and ending on
    the sooner of--
                (1) the termination date of the national emergency
            concerning the novel coronavirus disease (COVID-19) outbreak
            declared by the President on March 13, 2020 under the National
            Emergencies Act (50 U.S.C. 1601 et seq.); or
                (2) December 31, 2020.

        (b) <<NOTE: Determination.>>  Authority.-- During the covered
    period, the Secretary of Housing and Urban Development, the Securities
    and Exchange Commission, and the Commodity Futures Trading Commission
    may, without regard to sections 3309 through 3318 of title 5, United
    States Code, recruit and appoint candidates to fill temporary and term
    appointments within their respective agencies upon a determination that
    those expedited procedures are necessary and appropriate to enable the
    respective agencies to prevent, prepare for, or respond to COVID-19.
    SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.

        (a) In General.--Section 5200 of the Revised Statutes of the United
    States (12 U.S.C. 84) is amended--
                (1) in subsection (c)(7)--

    [[Page 134 STAT. 479]]

                        (A) by inserting ``any nonbank financial company (as
                    that term is defined in section 102 of the Financial
                    Stability Act of 2010 (12 U.S.C. 5311)),'' after ``Loans
                    or extensions of credit to''; and
                        (B) by striking ``financial institution or to'' and
                    inserting ``financial institution, or to''; and
                (2) in subsection (d), by adding at the end of paragraph (1)
            the following: ``The Comptroller of the Currency may, by order,
            exempt any transaction or series of transactions from the
            requirements of this section upon a finding by the Comptroller
            that such exemption is in the public interest and consistent
            with the purposes of this section.''.

        (b) <<NOTE: 12 USC 84 note.>>  Effective Period.--This section, and
    the amendments made by this section, shall be effective during the
    period beginning on the date of enactment of this Act and ending on the
    sooner of--
                (1) the termination date of the national emergency
            concerning the novel coronavirus disease (COVID-19) outbreak
            declared by the President on March 13, 2020 under the National
            Emergencies Act (50 U.S.C. 1601 et seq.); or
                (2) December 31, 2020.
    SEC. 4012. <<NOTE: 15 USC 9050.>>  TEMPORARY RELIEF FOR COMMUNITY
                              BANKS.

        (a) Definitions.--In this section--
                (1) the term ``appropriate Federal banking agency'' has the
            meaning given the term in section 2 of the Economic Growth,
            Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5365
            note); and
                (2) the terms ``Community Bank Leverage Ratio'' and
            ``qualifying community bank'' have the meanings given the terms
            in section 201(a) of the Economic Growth, Regulatory Relief, and
            Consumer Protection Act (12 U.S.C. 5371 note).

        (b) Interim Rule.--
                (1) In general.--Notwithstanding any other provision of law
            or regulation, the appropriate Federal banking agencies shall
            issue an interim final rule that provides that, for the purposes
            of section 201 of the Economic Growth, Regulatory Relief, and
            Consumer Protection Act (12 U.S.C. 5371 note)--
                        (A) the Community Bank Leverage Ratio shall be 8
                    percent; and
                        (B) a qualifying community bank that falls below the
                    Community Bank Leverage Ratio established under
                    subparagraph (A) shall have a reasonable grace period to
                    satisfy the Community Bank Leverage Ratio.
                (2) Effective period.--The interim rule issued under
            paragraph (1) shall be effective during the period beginning on
            the date on which the appropriate Federal banking agencies issue
            the rule and ending on the sooner of--
                        (A) the termination date of the national emergency
                    concerning the novel coronavirus disease (COVID-19)
                    outbreak declared by the President on March 13, 2020
                    under the National Emergencies Act (50 U.S.C. 1601 et
                    seq.); or
                        (B) December 31, 2020.

        (c) Grace Period.--During a grace period described in subsection
    (b)(1)(B), a qualifying community bank to which the grace period applies
    may continue to be treated as a qualifying community

    [[Page 134 STAT. 480]]

    bank and shall be presumed to satisfy the capital and leverage
    requirements described in section 201(c) of the Economic Growth,
    Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5371 note).
    SEC. 4013. <<NOTE: Time period. 15 USC 9051.>>  TEMPORARY RELIEF
                              FROM TROUBLED DEBT RESTRUCTURINGS.

        (a) Definitions.--In this section:
                (1) Applicable period.--The term ``applicable period'' means
            the period beginning on March 1, 2020 and ending on the earlier
            of December 31, 2020, or the date that is 60 days after the date
            on which the national emergency concerning the novel coronavirus
            disease (COVID-19) outbreak declared by the President on March
            13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et
            seq.) terminates.
                (2) Appropriate federal banking agency.--The term
            ``appropriate Federal banking agency''--
                        (A) has the meaning given the term in section 3 of
                    the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                        (B) includes the National Credit Union
                    Administration.

        (b) Suspension.--
                (1) In general.--During the applicable period, a financial
            institution may elect to--
                        (A) suspend the requirements under United States
                    generally accepted accounting principles for loan
                    modifications related to the coronavirus disease 2019
                    (COVID-19) pandemic that would otherwise be categorized
                    as a troubled debt restructuring; and
                        (B) suspend any determination of a loan modified as
                    a result of the effects of the coronavirus disease 2019
                    (COVID-19) pandemic as being a troubled debt
                    restructuring, including impairment for accounting
                    purposes.
                (2) Applicability.--Any suspension under paragraph (1)--
                        (A) <<NOTE: Effective date.>>  shall be applicable
                    for the term of the loan modification, but solely with
                    respect to any modification, including a forbearance
                    arrangement, an interest rate modification, a repayment
                    plan, and any other similar arrangement that defers or
                    delays the payment of principal or interest, that occurs
                    during the applicable period for a loan that was not
                    more than 30 days past due as of December 31, 2019; and
                        (B) shall not apply to any adverse impact on the
                    credit of a borrower that is not related to the
                    coronavirus disease 2019 (COVID-19) pandemic.

        (c) Deference.--The appropriate Federal banking agency of the
    financial institution shall defer to the determination of the financial
    institution to make a suspension under this section.
        (d) <<NOTE: Applicability.>>  Records.--For modified loans for which
    suspensions under subsection (a) apply--
                (1) financial institutions should continue to maintain
            records of the volume of loans involved; and
                (2) the appropriate Federal banking agencies may collect
            data about such loans for supervisory purposes.
    SEC. 4014. <<NOTE: 15 USC 9052.>>  OPTIONAL TEMPORARY RELIEF FROM
                              CURRENT EXPECTED CREDIT LOSSES.

        (a) Definitions.--In this section:

    [[Page 134 STAT. 481]]

                (1) Appropriate federal banking agency.--The term
            ``appropriate Federal banking agency''--
                        (A) has the meaning given the term in section 3 of
                    the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                        (B) includes the National Credit Union
                    Administration.
                (2) Insured depository institution.--The term ``insured
            depository institution''--
                        (A) has the meaning given the term in section 3 of
                    the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                        (B) includes a credit union.

        (b) <<NOTE: Time period.>>  Temporary Relief From CECL Standards.--
    Notwithstanding any other provision of law, no insured depository
    institution, bank holding company, or any affiliate thereof shall be
    required to comply with the Financial Accounting Standards Board
    Accounting Standards Update No. 2016-13 (``Measurement of Credit Losses
    on Financial Instruments''), including the current expected credit
    losses methodology for estimating allowances for credit losses, during
    the period beginning on the date of enactment of this Act and ending on
    the earlier of--
                (1) the date on which the national emergency concerning the
            novel coronavirus disease (COVID-19) outbreak declared by the
            President on March 13, 2020 under the National Emergencies Act
            (50 U.S.C. 1601 et seq.) terminates; or
                (2) December 31, 2020.
    SEC. 4015. <<NOTE: 12 USC 5236 note.>>  NON-APPLICABILITY OF
                              RESTRICTIONS ON ESF DURING NATIONAL
                              EMERGENCY.

        (a) <<NOTE: Time period.>>  In General.--Section 131 of the
    Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5236) shall not
    apply during the period beginning on the date of enactment of this Act
    and ending on December 31, 2020. Any guarantee established as a result
    of the application of subsection (a) shall--
                (1) be limited to a guarantee of the total value of a
            shareholder's account in a participating fund as of the close of
            business on the day before the announcement of the guarantee;
            and
                (2) <<NOTE: Termination date. Reimbursement.>>  terminate
            not later than December 31, 2020.

        (b) Direct Appropriation.--Upon the expiration of the period
    described in subsection (a), there is appropriated, out of amounts in
    the Treasury not otherwise appropriated, such sums as may be necessary
    to reimburse the fund established under section 5302(a)(1) of title 31,
    United States Code, for any funds that are used for the Treasury Money
    Market Funds Guaranty Program for the United States money market mutual
    fund industry to the extent a claim payment made exceeds the balance of
    fees collected by the fund.
    SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS.

        (a) In General.--
                (1) Definitions.--Section 302(1) of the Federal Credit Union
            Act (12 U.S.C. 1795a(1)) is amended, in the matter preceding
            subparagraph (A), by striking ``primarily serving natural
            persons''.
                (2) Membership.--Section 304(b)(2) of the Federal Credit
            Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``all
            those credit unions'' and inserting ``such credit unions as the
            Board may in its discretion determine''.

    [[Page 134 STAT. 482]]

                (3) Extensions of credit.--Section 306(a)(1) of the Federal
            Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the
            second sentence, by striking ``the intent of which is to expand
            credit union portfolios'' and inserting ``without first having
            obtained evidence from the applicant that the applicant has made
            reasonable efforts to first use primary sources of liquidity of
            the applicant, including balance sheet and market funding
            sources, to address the liquidity needs of the applicant''.
                (4) <<NOTE: Time period.>>  Powers of the board.--Section
            307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C.
            1795f(a)(4)(A)) is amended by inserting ``, provided that, the
            total face value of such obligations shall not exceed 16 times
            the subscribed capital stock and surplus of the Facility for the
            period beginning on the date of enactment of the Coronavirus
            Economic Stabilization Act of 2020 and ending on December 31,
            2020'' after ``Facility''.

        (b) Sunset.--
                (1) In general.--
                        (A) Definitions.--Section 302(1) of the Federal
                    Credit Union Act (12 U.S.C. 1795a(1)) is amended, in the
                    matter preceding subparagraph (A), by inserting
                    ``primarily serving natural persons'' after ``credit
                    unions''.
                        (B) Membership.--Section 304(b)(2) of the Federal
                    Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by
                    striking ``such credit unions as the Board may in its
                    discretion determine'' and inserting ``all those credit
                    unions''.
                        (C) Extensions of credit.--Section 306(a)(1) of the
                    Federal Credit Union Act (12 U.S.C. 1795e(a)(1)) is
                    amended, in the second sentence, by striking ``without
                    first having obtained evidence from the applicant that
                    the applicant has made reasonable efforts to first use
                    primary sources of liquidity of the applicant, including
                    balance sheet and market funding sources, to address the
                    liquidity needs of the applicant'' and inserting ``the
                    intent of which is to expand credit union portfolios''.
                (2) <<NOTE: 12 USC 1795a note.>>  Effective date.--The
            amendments made by paragraph (1) shall take effect on December
            31, 2020.
    SEC. 4017. <<NOTE: Time periods. 50 USC 4532 note.>>  INCREASING
                              ACCESS TO MATERIALS NECESSARY FOR
                              NATIONAL SECURITY AND PANDEMIC RECOVERY.

        Notwithstanding any other provision of law--
                (1) during the 2-year period beginning on the date of
            enactment of this Act, the requirements described in sections
            303(a)(6)(C) and 304(e) of the Defense Production Act of 1950
            (50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and
                (2) during the 1-year period beginning on the date of
            enactment of this Act, the requirements described in sections
            302(d)(1) and 303 (a)(6)(B) of the Defense Production Act of
            1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply.
    SEC. 4018. <<NOTE: 15 USC 9053.>>  SPECIAL INSPECTOR GENERAL FOR
                              PANDEMIC RECOVERY.

        (a) <<NOTE: Establishment.>>  Office of Inspector General.--There is
    hereby established within the Department of the Treasury the Office of
    the Special Inspector General for Pandemic Recovery.

        (b) Appointment of Inspector General; Removal.--
                (1) <<NOTE: President.>>  In general.--The head of the
            Office of the Special Inspector General for Pandemic Recovery
            shall be the Special Inspector General for Pandemic Recovery
            (referred to in this section as the ``Special Inspector
            General''), who shall be

    [[Page 134 STAT. 483]]

            appointed by the President, by and with the advice and consent
            of the Senate.
                (2) Nomination.--The nomination of the Special Inspector
            General shall be made on the basis of integrity and demonstrated
            ability in accounting, auditing, financial analysis, law,
            management analysis, public administration, or investigations.
            The nomination of an individual as Special Inspector General
            shall be made as soon as practicable after any loan, loan
            guarantee, or other investment is made under section 4003.
                (3) Removal.--The Special Inspector General shall be
            removable from office in accordance with the provisions of
            section 3(b) of the Inspector General Act of 1978 (5 U.S.C.
            App.).
                (4) Political activity.--For purposes of section 7324 of
            title 5, United States Code, the Special Inspector General shall
            not be considered an employee who determines policies to be
            pursued by the United States in the nationwide administration of
            Federal law.
                (5) Basic pay.--The annual rate of basic pay of the Special
            Inspector General shall be the annual rate of basic pay for an
            Inspector General under section 3(e) of the Inspector General
            Act of 1978 (5 U.S.C. App.).

        (c) Duties.--
                (1) <<NOTE: Audits. Summary.>>  In general.--It shall be the
            duty of the Special Inspector General to, in accordance with
            section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C.
            App.), conduct, supervise, and coordinate audits and
            investigations of the making, purchase, management, and sale of
            loans, loan guarantees, and other investments made by the
            Secretary of the Treasury under any program established by the
            Secretary under this Act, and the management by the Secretary of
            any program established under this Act, including by collecting
            and summarizing the following information:
                        (A) A description of the categories of the loans,
                    loan guarantees, and other investments made by the
                    Secretary.
                        (B) <<NOTE: List.>>  A listing of the eligible
                    businesses receiving loan, loan guarantees, and other
                    investments made under each category described in
                    subparagraph (A).
                        (C) An explanation of the reasons the Secretary
                    determined it to be appropriate to make each loan or
                    loan guarantee under this Act, including a justification
                    of the price paid for, and other financial terms
                    associated with, the applicable transaction.
                        (D) <<NOTE: List.>>  A listing of, and detailed
                    biographical information with respect to, each person
                    hired to manage or service each loan, loan guarantee, or
                    other investment made under section 4003.
                        (E) <<NOTE: Estimate.>>  A current, as of the date
                    on which the information is collected, estimate of the
                    total amount of each loan, loan guarantee, and other
                    investment made under this Act that is outstanding, the
                    amount of interest and fees accrued and received with
                    respect to each loan or loan guarantee, the total amount
                    of matured loans, the type and amount of collateral, if
                    any, and any losses or gains, if any, recorded or
                    accrued for each loan, loan guarantee, or other
                    investment.

    [[Page 134 STAT. 484]]

                (2) <<NOTE: Procedures.>>  Maintenance of systems.--The
            Special Inspector General shall establish, maintain, and oversee
            such systems, procedures, and controls as the Special Inspector
            General considers appropriate to discharge the duties of the
            Special Inspector General under paragraph (1).
                (3) Additional duties and responsibilities.--In addition to
            the duties described in paragraphs (1) and (2), the Special
            Inspector General shall also have the duties and
            responsibilities of inspectors general under the Inspector
            General Act of 1978 (5 U.S.C. App.).

        (d) Powers and Authorities.--
                (1) In general.--In carrying out the duties of the Special
            Inspector General under subsection (c), the Special Inspector
            General shall have the authorities provided in section 6 of the
            Inspector General Act of 1978 (5 U.S.C. App.).
                (2) Treatment of office.--The Office of the Special
            Inspector General for Pandemic Recovery shall be considered to
            be an office described in section 6(f)(3) of the Inspector
            General Act of 1978 (5 U.S.C. App.) and shall be exempt from an
            initial determination by the Attorney General under section
            6(f)(2) of that Act.

        (e) Personnel, Facilities, and Other Resources.--
                (1) Appointment of officers and employees.--The Special
            Inspector General may select, appoint, and employ such officers
            and employees as may be necessary for carrying out the duties of
            the Special Inspector General, subject to the provisions of
            title 5, United States Code, governing appointments in the
            competitive service, and the provisions of chapter 51 and
            subchapter III of chapter 53 of that title, relating to
            classification and General Schedule pay rates.
                (2) Experts and consultants.--The Special Inspector General
            may obtain services as authorized under section 3109 of title 5,
            United States Code, at daily rates not to exceed the equivalent
            rate prescribed for grade GS-15 of the General Schedule by
            section 5332 of that title.
                (3) Contracts.--The Special Inspector General may enter into
            contracts and other arrangements for audits, studies, analyses,
            and other services with public agencies and with private
            persons, and make such payments as may be necessary to carry out
            the duties of the Inspector General.
                (4) Requests for information.--
                        (A) In general.--Upon request of the Special
                    Inspector General for information or assistance from any
                    department, agency, or other entity of the Federal
                    Government, the head of that department, agency, or
                    entity shall, to the extent practicable and not in
                    contravention of any existing law, furnish that
                    information or assistance to the Special Inspector
                    General, or an authorized designee.
                        (B) <<NOTE: Reports.>>  Refusal to provide requested
                    information.--Whenever information or assistance
                    requested by the Special Inspector General is, in the
                    judgment of the Special Inspector General, unreasonably
                    refused or not provided, the Special Inspector General
                    shall report the circumstances to the appropriate
                    committees of Congress without delay.

        (f) Reports.--
                (1) Quarterly reports.--

    [[Page 134 STAT. 485]]

                        (A) <<NOTE: Summary. Time period.>>  In general.--
                    Not later than 60 days after the date on which the
                    Special Inspector General is confirmed, and once every
                    calendar quarter thereafter, the Special Inspector
                    General shall submit to the appropriate committees of
                    Congress a report summarizing the activities of the
                    Special Inspector General during the 3-month period
                    ending on the date on which the Special Inspector
                    General submits the report.
                        (B) Contents.--Each report submitted under
                    subparagraph (A) shall include, for the period covered
                    by the report, a detailed statement of all loans, loan
                    guarantees, other transactions, obligations,
                    expenditures, and revenues associated with any program
                    established by the Secretary under section 4003, as well
                    as the information collected under subsection (c)(1).
                (2) Rule of construction.--Nothing in this subsection may be
            construed to authorize the public disclosure of information that
            is--
                        (A) specifically prohibited from disclosure by any
                    other provision of law;
                        (B) specifically required by Executive order to be
                    protected from disclosure in the interest of national
                    defense or national security or in the conduct of
                    foreign affairs; or
                        (C) a part of an ongoing criminal investigation.

        (g) Funding.--
                (1) In general.--Of the amounts made available to the
            Secretary under section 4027, $25,000,000 shall be made
            available to the Special Inspector General to carry out this
            section.
                (2) Availability.--The amounts made available to the Special
            Inspector General under paragraph (1) shall remain available
            until expended.

        (h) Termination.--The Office of the Special Inspector General shall
    terminate on the date 5 years after the enactment of this Act.
        (i) Council of the Inspectors General on Integrity and Efficiency.--
    The Special Inspector General shall be a member of the Council of the
    Inspectors General on Integrity and Efficiency established under section
    11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date
    of termination of the Office of the Special Inspector General.
        (j) Corrective Responses to Audit Problems.--The Secretary shall--
                (1) take action to address deficiencies identified by a
            report or investigation of the Special Inspector General; or
                (2) <<NOTE: Certification.>>  with respect to a deficiency
            identified under paragraph (1), certify to the Committee on
            Banking, Housing, and Urban Affairs of the Senate, the Committee
            on Finance of the Senate, the Committee on Financial Services of
            the House of Representatives, and the Committee on Ways and
            Means of the House of Representatives that no action is
            necessary or appropriate.
    SEC. 4019. <<NOTE: 15 USC 9054.>>  CONFLICTS OF INTEREST.

        (a) Definitions.--In this section:
                (1) Controlling interest.--The term ``controlling interest''
            means owning, controlling, or holding not less than

    [[Page 134 STAT. 486]]

            20 percent, by vote or value, of the outstanding amount of any
            class of equity interest in an entity.
                (2) Covered entity.--The term ``covered entity'' means an
            entity in which a covered individual directly or indirectly
            holds a controlling interest. For the purpose of determining
            whether an entity is a covered entity, the securities owned,
            controlled, or held by 2 or more individuals who are related as
            described in paragraph (3)(B) shall be aggregated.
                (3) Covered individual.--The term ``covered individual''
            means--
                        (A) the President, the Vice President, the head of
                    an Executive department, or a Member of Congress; and
                        (B) the spouse, child, son-in-law, or daughter-in-
                    law, as determined under applicable common law, of an
                    individual described in subparagraph (A).
                (4) Executive department.--The term ``Executive department''
            has the meaning given the term in section 101 of title 5, United
            States Code.
                (5) Member of congress.--The term ``member of Congress''
            means a member of the Senate or House of Representatives, a
            Delegate to the House of Representatives, and the Resident
            Commissioner from Puerto Rico.
                (6) Equity interest.--The term ``equity interest'' means--
                        (A) a share in an entity, without regard to whether
                    the share is--
                              (i) transferable; or
                              (ii) classified as stock or anything similar;
                        (B) a capital or profit interest in a limited
                    liability company or partnership; or
                        (C) a warrant or right, other than a right to
                    convert, to purchase, sell, or subscribe to a share or
                    interest described in subparagraph (A) or (B),
                    respectively.

        (b) Prohibition.--Notwithstanding any other provision of this
    subtitle, no covered entity may be eligible for any transaction
    described in section 4003.
        (c) <<NOTE: Certification.>>  Requirement.--The principal executive
    officer and the principal financial officer, or individuals performing
    similar functions, of an entity seeking to enter a transaction under
    section 4003 shall, before that transaction is approved, certify to the
    Secretary and the Board of Governors of the Federal Reserve System that
    the entity is eligible to engage in that transaction, including that the
    entity is not a covered entity.
    SEC. 4020. <<NOTE: 15 USC 9055.>>  CONGRESSIONAL OVERSIGHT
                              COMMISSION.

        (a) Establishment.--There is hereby established the Congressional
    Oversight Commission (hereafter in this section referred to as the
    ``Oversight Commission'') as an establishment in the legislative branch.
        (b) Duties.--
                (1) In general.--The Oversight Commission shall--
                        (A) conduct oversight of the implementation of this
                    subtitle by the Department of the Treasury and the Board
                    of Governors of the Federal Reserve System, including
                    efforts of the Department and the Board to provide
                    economic stability as a result of the coronavirus
                    disease 2019 (COVID-19) pandemic of 2020;

    [[Page 134 STAT. 487]]

                        (B) submit to Congress reports under paragraph (2);
                    and
                        (C) review the implementation of this subtitle by
                    the Federal Government.
                (2) Regular reports.--
                        (A) In general.--Reports of the Oversight Commission
                    shall include the following:
                              (i) The use by the Secretary and the Board of
                          Governors of the Federal Reserve System of
                          authority under this subtitle, including with
                          respect to the use of contracting authority and
                          administration of the provisions of this subtitle.
                              (ii) The impact of loans, loan guarantees, and
                          investments made under this subtitle on the
                          financial well-being of the people of the United
                          States and the United States economy, financial
                          markets, and financial institutions.
                              (iii) The extent to which the information made
                          available on transactions under this subtitle has
                          contributed to market transparency.
                              (iv) The effectiveness of loans, loan
                          guarantees, and investments made under this
                          subtitle of minimizing long-term costs to the
                          taxpayers and maximizing the benefits for
                          taxpayers.
                        (B) Timing.--The reports required under this
                    paragraph shall be submitted not later than 30 days
                    after the first exercise by the Secretary and the Board
                    of Governors of the Federal Reserve System of the
                    authority under this subtitle and every 30 days
                    thereafter.

        (c) Membership.--
                (1) <<NOTE: Appointments.>>  In general.--The Oversight
            Commission shall consist of 5 members as follows:
                        (A) 1 member appointed by the Speaker of the House
                    of Representatives.
                        (B) 1 member appointed by the minority leader of the
                    House of Representatives.
                        (C) 1 member appointed by the majority leader of the
                    Senate.
                        (D) 1 member appointed by the minority leader of the
                    Senate.
                        (E) <<NOTE: Consultation.>>  1 member appointed as
                    Chairperson by the Speaker of the House of
                    Representatives and the majority leader of the Senate,
                    after consultation with the minority leader of the
                    Senate and the minority leader of the House of
                    Representatives
                (2) Pay.--Each member of the Oversight Commission shall be
            paid at a rate equal to the daily equivalent of the annual rate
            of basic pay for level I of the Executive Schedule for each day
            (including travel time) during which such member is engaged in
            the actual performance of duties vested in the Oversight
            Commission.
                (3) Prohibition of compensation of federal employees.--
            Members of the Oversight Commission who are full-time officers
            or employees of the United States may not receive additional
            pay, allowances, or benefits by reason of their service on the
            Oversight Commission.

    [[Page 134 STAT. 488]]

                (4) Travel expenses.--Each member shall receive travel
            expenses, including per diem in lieu of subsistence, in
            accordance with applicable provisions under subchapter I of
            chapter 57 of title 5, United States Code.
                (5) Quorum.--Four members of the Oversight Commission shall
            constitute a quorum but a lesser number may hold hearings.
                (6) Vacancies.--A vacancy on the Oversight Commission shall
            be filled in the manner in which the original appointment was
            made.
                (7) Meetings.--The Oversight Commission shall meet at the
            call of the Chairperson or a majority of its members.

        (d) Staff.--
                (1) In general.--The Oversight Commission may appoint and
            fix the pay of any personnel as the Oversight Commission
            considers appropriate.
                (2) Experts and consultants.--The Oversight Commission may
            procure temporary and intermittent services under section
            3109(b) of title 5, United States Code.
                (3) Staff of agencies.--Upon request of the Oversight
            Commission, the head of any Federal department or agency may
            detail, on a reimbursable basis, any of the personnel of that
            department or agency to the Oversight Commission to assist it in
            carrying out its duties under the this subtitle.

        (e) Powers.--
                (1) Hearings and evidence.--The Oversight Commission, or any
            subcommittee or member thereof, may, for the purpose of carrying
            out this section hold hearings, sit and act at times and places,
            take testimony, and receive evidence as the Oversight Commission
            considers appropriate and may administer oaths or affirmations
            to witnesses appearing before it.
                (2) Contracting.--The Oversight Commission may, to such
            extent and in such amounts as are provided in appropriation
            Acts, enter into contracts to enable the Oversight Commission to
            discharge its duties under this section.
                (3) Powers of members and agents.--Any member or agent of
            the Oversight Commission may, if authorized by the Oversight
            Commission, take any action which the Oversight Commission is
            authorized to take by this section.
                (4) Obtaining official data.--The Oversight Commission may
            secure directly from any department or agency of the United
            States information necessary to enable it to carry out this
            section. Upon request of the Chairperson of the Oversight
            Commission, the head of that department or agency shall furnish
            that information to the Oversight Commission.
                (5) Reports.--The Oversight Commission shall receive and
            consider all reports required to be submitted to the Oversight
            Commission under this subtitle.

        (f) Termination.--The Oversight Commission shall terminate on
    September 30, 2025.
        (g) Funding for Expenses.--
                (1) Authorization of appropriations.--There is authorized to
            be appropriated to the Oversight Commission such sums as may be
            necessary for any fiscal year, half of which shall be derived
            from the applicable account of the House of Representatives, and
            half of which shall be derived from the contingent fund of the
            Senate.

    [[Page 134 STAT. 489]]

                (2) Reimbursement of amounts.--An amount equal to the
            expenses of the Oversight Commission shall be promptly
            transferred by the Secretary and the Board of Governors of the
            Federal Reserve System, from time to time upon the presentment
            of a statement of such expenses by the Chairperson of the
            Oversight Commission, from funds made available to the Secretary
            under this subtitle to the applicable fund of the House of
            Representatives and the contingent fund of the Senate, as
            appropriate, as reimbursement for amounts expended from such
            account and fund under paragraph (1).
    SEC. 4021. CREDIT PROTECTION DURING COVID-19.

        Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681s-
    2(a)(1)) is amended by adding at the end the following:
                        ``(F) Reporting information during covid-19
                    pandemic.--
                              ``(i) Definitions.--In this subsection:
                                        ``(I) Accommodation.--The term
                                    `accommodation' includes an agreement to
                                    defer 1 or more payments, make a partial
                                    payment, forbear any delinquent amounts,
                                    modify a loan or contract, or any other
                                    assistance or relief granted to a
                                    consumer who is affected by the
                                    coronavirus disease 2019 (COVID-19)
                                    pandemic during the covered period.
                                        ``(II) Covered period.--The term
                                    `covered period' means the period
                                    beginning on January 31, 2020 and ending
                                    on the later of--
                                                ``(aa) 120 days after the
                                            date of enactment of this
                                            subparagraph; or
                                                ``(bb) 120 days after the
                                            date on which the national
                                            emergency concerning the novel
                                            coronavirus disease (COVID-19)
                                            outbreak declared by the
                                            President on March 13, 2020
                                            under the National Emergencies
                                            Act (50 U.S.C. 1601 et seq.)
                                            terminates.
                              ``(ii) Reporting.--Except as provided in
                          clause (iii), if a furnisher makes an
                          accommodation with respect to 1 or more payments
                          on a credit obligation or account of a consumer,
                          and the consumer makes the payments or is not
                          required to make 1 or more payments pursuant to
                          the accommodation, the furnisher shall--
                                        ``(I) report the credit obligation
                                    or account as current; or
                                        ``(II) if the credit obligation or
                                    account was delinquent before the
                                    accommodation--
                                                ``(aa) maintain the
                                            delinquent status during the
                                            period in which the
                                            accommodation is in effect; and
                                                ``(bb) if the consumer
                                            brings the credit obligation or
                                            account current during the
                                            period described in item (aa),
                                            report the credit obligation or
                                            account as current.
                              ``(iii) Exception.--Clause (ii) shall not
                          apply with respect to a credit obligation or
                          account of a consumer that has been charged-
                          off.''.

    [[Page 134 STAT. 490]]

    SEC. 4022. <<NOTE: Time periods. 15 USC 9056.>>  FORECLOSURE
                              MORATORIUM AND CONSUMER RIGHT TO REQUEST
                              FORBEARANCE.

        (a) Definitions.--In this section:
                (1) Covid-19 emergency.--The term ``COVID-19 emergency''
            means the national emergency concerning the novel coronavirus
            disease (COVID-19) outbreak declared by the President on March
            13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et
            seq.).
                (2) Federally backed mortgage loan.--The term ``Federally
            backed mortgage loan'' includes any loan which is secured by a
            first or subordinate lien on residential real property
            (including individual units of condominiums and cooperatives)
            designed principally for the occupancy of from 1- to 4- families
            that is--
                        (A) insured by the Federal Housing Administration
                    under title II of the National Housing Act (12 U.S.C.
                    1707 et seq.);
                        (B) insured under section 255 of the National
                    Housing Act (12 U.S.C. 1715z-20);
                        (C) guaranteed under section 184 or 184A of the
                    Housing and Community Development Act of 1992 (12 U.S.C.
                    1715z-13a, 1715z-13b);
                        (D) guaranteed or insured by the Department of
                    Veterans Affairs;
                        (E) guaranteed or insured by the Department of
                    Agriculture;
                        (F) made by the Department of Agriculture; or
                        (G) purchased or securitized by the Federal Home
                    Loan Mortgage Corporation or the Federal National
                    Mortgage Association.

        (b) Forbearance.--
                (1) In general.--During the covered period, a borrower with
            a Federally backed mortgage loan experiencing a financial
            hardship due, directly or indirectly, to the COVID-19 emergency
            may request forbearance on the Federally backed mortgage loan,
            regardless of delinquency status, by--
                        (A) submitting a request to the borrower's servicer;
                    and
                        (B) affirming that the borrower is experiencing a
                    financial hardship during the COVID-19 emergency.
                (2) Duration of forbearance.--Upon a request by a borrower
            for forbearance under paragraph (1), such forbearance shall be
            granted for up to 180 days, and shall be extended for an
            additional period of up to 180 days at the request of the
            borrower, provided that, at the borrower's request, either the
            initial or extended period of forbearance may be shortened.
                (3) Accrual of interest or fees.--During a period of
            forbearance described in this subsection, no fees, penalties, or
            interest beyond the amounts scheduled or calculated as if the
            borrower made all contractual payments on time and in full under
            the terms of the mortgage contract, shall accrue on the
            borrower's account.

        (c) Requirements for Servicers.--
                (1) In general.--Upon receiving a request for forbearance
            from a borrower under subsection (b), the servicer shall with no
            additional documentation required other than the borrower's
            attestation to a financial hardship caused by the COVID-19

    [[Page 134 STAT. 491]]

            emergency and with no fees, penalties, or interest (beyond the
            amounts scheduled or calculated as if the borrower made all
            contractual payments on time and in full under the terms of the
            mortgage contract) charged to the borrower in connection with
            the forbearance, provide the forbearance for up to 180 days,
            which may be extended for an additional period of up to 180 days
            at the request of the borrower, provided that, the borrower's
            request for an extension is made during the covered period, and,
            at the borrower's request, either the initial or extended period
            of forbearance may be shortened.
                (2) Foreclosure moratorium.--Except with respect to a vacant
            or abandoned property, a servicer of a Federally backed mortgage
            loan may not initiate any judicial or non-judicial foreclosure
            process, move for a foreclosure judgment or order of sale, or
            execute a foreclosure-related eviction or foreclosure sale for
            not less than the 60-day period beginning on March 18, 2020.
    SEC. 4023. <<NOTE: 15 USC 9057.>>  FORBEARANCE OF RESIDENTIAL
                              MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY
                              PROPERTIES WITH FEDERALLY BACKED LOANS.

        (a) In General.--During the covered period, a multifamily borrower
    with a Federally backed multifamily mortgage loan experiencing a
    financial hardship due, directly or indirectly, to the COVID-19
    emergency may request a forbearance under the terms set forth in this
    section.
        (b) <<NOTE: Effective date.>>  Request for Relief.--A multifamily
    borrower with a Federally backed multifamily mortgage loan that was
    current on its payments as of February 1, 2020, may submit an oral or
    written request for forbearance under subsection (a) to the borrower's
    servicer affirming that the multifamily borrower is experiencing a
    financial hardship during the COVID-19 emergency.

        (c) Forbearance Period.--
                (1) In general.--Upon receipt of an oral or written request
            for forbearance from a multifamily borrower, a servicer shall--
                        (A) document the financial hardship;
                        (B) provide the forbearance for up to 30 days; and
                        (C) extend the forbearance for up to 2 additional 30
                    day periods upon the request of the borrower provided
                    that, the borrower's request for an extension is made
                    during the covered period, and, at least 15 days prior
                    to the end of the forbearance period described under
                    subparagraph (B).
                (2) Right to discontinue.--A multifamily borrower shall have
            the option to discontinue the forbearance at any time.

        (d) Renter Protections During Forbearance Period.--A multifamily
    borrower that receives a forbearance under this section may not, for the
    duration of the forbearance--
                (1) evict or initiate the eviction of a tenant from a
            dwelling unit located in or on the applicable property solely
            for nonpayment of rent or other fees or charges; or
                (2) charge any late fees, penalties, or other charges to a
            tenant described in paragraph (1) for late payment of rent.

        (e) Notice.--A multifamily borrower that receives a forbearance
    under this section--
                (1) <<NOTE: Time period.>>  may not require a tenant to
            vacate a dwelling unit located in or on the applicable property
            before the date that

    [[Page 134 STAT. 492]]

            is 30 days after the date on which the borrower provides the
            tenant with a notice to vacate; and
                (2) may not issue a notice to vacate under paragraph (1)
            until after the expiration of the forbearance.

        (f) Definitions.--In this section:
                (1) Applicable property.--The term ``applicable property'',
            with respect to a Federally backed multifamily mortgage loan,
            means the residential multifamily property against which the
            mortgage loan is secured by a lien.
                (2) Federally backed multifamily mortgage loan.--The term
            ``Federally backed multifamily mortgage loan'' includes any loan
            (other than temporary financing such as a construction loan)
            that--
                        (A) is secured by a first or subordinate lien on
                    residential multifamily real property designed
                    principally for the occupancy of 5 or more families,
                    including any such secured loan, the proceeds of which
                    are used to prepay or pay off an existing loan secured
                    by the same property; and
                        (B) is made in whole or in part, or insured,
                    guaranteed, supplemented, or assisted in any way, by any
                    officer or agency of the Federal Government or under or
                    in connection with a housing or urban development
                    program administered by the Secretary of Housing and
                    Urban Development or a housing or related program
                    administered by any other such officer or agency, or is
                    purchased or securitized by the Federal Home Loan
                    Mortgage Corporation or the Federal National Mortgage
                    Association.
                (3) Multifamily borrower.--the term ``multifamily borrower''
            means a borrower of a residential mortgage loan that is secured
            by a lien against a property comprising 5 or more dwelling
            units.
                (4) Covid-19 emergency.--The term ``COVID-19 emergency''
            means the national emergency concerning the novel coronavirus
            disease (COVID-19) outbreak declared by the President on March
            13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et
            seq.).
                (5) Covered period.--The term ``covered period'' means the
            period beginning on the date of enactment of this Act and ending
            on the sooner of--
                        (A) the termination date of the national emergency
                    concerning the novel coronavirus disease (COVID-19)
                    outbreak declared by the President on March 13, 2020
                    under the National Emergencies Act (50 U.S.C. 1601 et
                    seq.); or
                        (B) December 31, 2020.
    SEC. 4024. <<NOTE: 15 USC 9058.>>  TEMPORARY MORATORIUM ON
                              EVICTION FILINGS.

        (a) Definitions.--In this section:
                (1) Covered dwelling.--The term ``covered dwelling'' means a
            dwelling that--
                        (A) is occupied by a tenant--
                              (i) pursuant to a residential lease; or
                              (ii) without a lease or with a lease
                          terminable under State law; and
                        (B) is on or in a covered property.
                (2) Covered property.--The term ``covered property'' means
            any property that--

    [[Page 134 STAT. 493]]

                        (A) participates in--
                              (i) a covered housing program (as defined in
                          section 41411(a) of the Violence Against Women Act
                          of 1994 (34 U.S.C. 12491(a))); or
                              (ii) the rural housing voucher program under
                          section 542 of the Housing Act of 1949 (42 U.S.C.
                          1490r); or
                        (B) has a--
                              (i) Federally backed mortgage loan; or
                              (ii) Federally backed multifamily mortgage
                          loan.
                (3) Dwelling.--The term ``dwelling''--
                        (A) has the meaning given the term in section 802 of
                    the Fair Housing Act (42 U.S.C. 3602); and
                        (B) includes houses and dwellings described in
                    section 803(b) of such Act (42 U.S.C. 3603(b)).
                (4) Federally backed mortgage loan.--The term ``Federally
            backed mortgage loan'' includes any loan (other than temporary
            financing such as a construction loan) that--
                        (A) is secured by a first or subordinate lien on
                    residential real property (including individual units of
                    condominiums and cooperatives) designed principally for
                    the occupancy of from 1 to 4 families, including any
                    such secured loan, the proceeds of which are used to
                    prepay or pay off an existing loan secured by the same
                    property; and
                        (B) is made in whole or in part, or insured,
                    guaranteed, supplemented, or assisted in any way, by any
                    officer or agency of the Federal Government or under or
                    in connection with a housing or urban development
                    program administered by the Secretary of Housing and
                    Urban Development or a housing or related program
                    administered by any other such officer or agency, or is
                    purchased or securitized by the Federal Home Loan
                    Mortgage Corporation or the Federal National Mortgage
                    Association.
                (5) Federally backed multifamily mortgage loan.--The term
            ``Federally backed multifamily mortgage loan'' includes any loan
            (other than temporary financing such as a construction loan)
            that--
                        (A) is secured by a first or subordinate lien on
                    residential multifamily real property designed
                    principally for the occupancy of 5 or more families,
                    including any such secured loan, the proceeds of which
                    are used to prepay or pay off an existing loan secured
                    by the same property; and
                        (B) is made in whole or in part, or insured,
                    guaranteed, supplemented, or assisted in any way, by any
                    officer or agency of the Federal Government or under or
                    in connection with a housing or urban development
                    program administered by the Secretary of Housing and
                    Urban Development or a housing or related program
                    administered by any other such officer or agency, or is
                    purchased or securitized by the Federal Home Loan
                    Mortgage Corporation or the Federal National Mortgage
                    Association.

        (b) <<NOTE: Time period.>>  Moratorium.--During the 120-day period
    beginning on the date of enactment of this Act, the lessor of a covered
    dwelling may not--
                (1) make, or cause to be made, any filing with the court of
            jurisdiction to initiate a legal action to recover possession

    [[Page 134 STAT. 494]]

            of the covered dwelling from the tenant for nonpayment of rent
            or other fees or charges; or
                (2) charge fees, penalties, or other charges to the tenant
            related to such nonpayment of rent.

        (c) Notice.--The lessor of a covered dwelling unit--
                (1) <<NOTE: Time period.>>  may not require the tenant to
            vacate the covered dwelling unit before the date that is 30 days
            after the date on which the lessor provides the tenant with a
            notice to vacate; and
                (2) may not issue a notice to vacate under paragraph (1)
            until after the expiration of the period described in subsection
            (b).
    SEC. 4025. <<NOTE: 15 USC 9059.>>  PROTECTION OF COLLECTIVE
                              BARGAINING AGREEMENT.

        (a) In General.--Neither the Secretary, nor any other actor,
    department, or agency of the Federal Government, shall condition the
    issuance of a loan or loan guarantee under paragraph (1), (2), or (3) of
    section 4003(b) of this subtitle on an air carrier's or eligible
    business's implementation of measures to enter into negotiations with
    the certified bargaining representative of a craft or class of employees
    of the air carrier or eligible business under the Railway Labor Act (45
    U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 151
    et seq.), regarding pay or other terms and conditions of employment.
        (b) Period of Effect.--With respect to an air carrier or eligible
    business to which the loan or loan guarantee is provided under this
    subtitle, this section shall be in effect with respect to the air
    carrier or eligible business beginning on the date on which the air
    carrier or eligible business is first issued such loan or loan guarantee
    and ending on the date that is 1 year after the loan or loan guarantee
    is no longer outstanding.
    SEC. 4026. <<NOTE: 15 USC 9060.>>  REPORTS.

        (a) <<NOTE: Web posting.>>  Disclosure of Transactions.--Not later
    than 72 hours after any transaction by the Secretary under paragraph
    (1), (2), or (3) of section 4003(b), the Secretary shall publish on the
    website of the Department of the Treasury--
                (1) a plain-language description of the transaction,
            including the date of application, date of application approval,
            and identity of the counterparty;
                (2) the amount of the loan or loan guarantee;
                (3) the interest rate, conditions, and any other material or
            financial terms associated with the transaction, if applicable;
            and
                (4) <<NOTE: Records.>>  a copy of the relevant and final
            term sheet, if applicable, and contract or other relevant
            documentation regarding the transaction.

        (b) Reports.--
                (1) To congress.--
                        (A) In general.--In addition to such reports as are
                    required under section 5302(c) of title 31, United
                    States Code, not later than 7 days after the Secretary
                    makes any loan or loan guarantee under paragraph (1),
                    (2), or (3) of section 4003(b), the Secretary shall
                    submit to the Chairmen and Ranking Members of the
                    Committee on Banking, Housing, and Urban Affairs and the
                    Committee on Finance of the Senate and the Chairmen and
                    Ranking Members of the Committee on Financial Services
                    and the

    [[Page 134 STAT. 495]]

                    Committee on Ways and Means of the House of
                    Representatives a report summarizing--
                              (i) an overview of actions taken by the
                          Secretary under paragraph (1), (2) or (3) of
                          section 4003(b) during such period;
                              (ii) the actual obligation, expenditure, and
                          disbursements of the funds during such period; and
                              (iii) a detailed financial statement with
                          respect to the exercise of authority under
                          paragraph (1), (2) or (3) of section 4003(b)
                          showing--
                                        (I) all loans and loan guarantees
                                    made, renewed, or restructured;
                                        (II) all transactions during such
                                    period, including the types of parties
                                    involved;
                                        (III) the nature of the assets
                                    purchased;
                                        (IV) a description of the vehicles
                                    established to exercise such authority;
                                    and
                                        (V) any or all repayment activity,
                                    delinquencies or defaults on loans and
                                    loan guarantees issued under paragraph
                                    (1), (2) or (3) of section 4003(b).
                        (B) <<NOTE: Web posting.>>  Publication.--Not later
                    than 7 days after the date on which the Secretary
                    submits a report under subparagraph (A) to the
                    committees of Congress described in such subparagraph,
                    the Secretary shall publish such report on the website
                    of the Department of the Treasury.
                        (C) <<NOTE: Web posting.>>  30-day reports.--Every
                    30 days during such time as a loan or loan guarantee
                    under paragraph (1), (2), or (3) of section 4003(b) is
                    outstanding, the Secretary shall publish on the website
                    of the Department of the Treasury a report summarizing
                    the information set forth in subparagraph (A).
                (2) Board of governors.--
                        (A) In general.--With respect to any program or
                    facility described in paragraph (4) of section 4003(b),
                    the Board of Governors of the Federal Reserve System
                    shall provide to the Committee on Banking, Housing, and
                    Urban Affairs of the Senate and the Committee on
                    Financial Services of the House of Representatives such
                    reports as are required to be provided under section
                    13(3) of the Federal Reserve Act (12 U.S.C. 343(3))--
                              (i) not later than 7 days after the Board
                          authorizes a new facility or other financial
                          assistance in accordance with section 13(3)(C)(i)
                          of the Federal Reserve Act (12 U.S.C.
                          343(3)(C)(i)); and
                              (ii) once every 30 days with respect to
                          outstanding loans or financial assistance in
                          accordance with section 13(3)(C)(ii) of the
                          Federal Reserve Act (12 U.S.C. 343(3)(C)(ii)).
                        (B) <<NOTE: Deadline. Web posting.>>  Publication.--
                    Not later than 7 days after the Board of Governors of
                    the Federal Reserve System submits a report under
                    subparagraph (A) to the committees of Congress described
                    in subparagraph (A), the Board shall publish on its
                    website such report.

        (c) <<NOTE: Time period.>>  Testimony.--The Secretary and the
    Chairman of the Board of Governors of the Federal Reserve System shall
    testify, on a quarterly basis, before the Committee on Banking, Housing,
    and

    [[Page 134 STAT. 496]]

    Urban Affairs of the Senate and the Committee on Financial Services of
    the House of Representatives regarding the obligations of the Department
    of the Treasury and the Federal Reserve System, and transactions entered
    into, under this Act.

        (d) <<NOTE: Web posting. Criteria. Guidelines. Requirements.>>
    Program Descriptions.--The Secretary shall post on the website of the
    Department of the Treasury all criteria, guidelines, eligibility
    requirements, and application materials for the making of any loan or
    loan guarantee under paragraph (1), (2), or (3) of section 4003(b).

        (e) <<NOTE: Deadline. Web posting. Records.>>  Administrative
    Contracts.--Not later than 24 hours after the Secretary enters into a
    contract in connection with the administration of any loan or loan
    guarantee authorized to be made under paragraph (1), (2), or (3) of
    section 4003(b), the Secretary shall post on the website of the
    Department of the Treasury a copy of the contract.

        (f) Government Accountability Office.--
                (1) Study.--The Comptroller General of the United States
            shall conduct a study on the loans, loan guarantees, and other
            investments provided under section 4003.
                (2) <<NOTE: Time period.>> Report.--Not later than 9 months
            after the date of enactment of this Act, and annually thereafter
            through the year succeeding the last year for which loans, loan
            guarantees, or other investments made under section 4003 are
            outstanding, the Comptroller General shall submit to the
            Committee on Financial Services, the Committee on Transportation
            and Infrastructure, the Committee on Appropriations, and the
            Committee on the Budget of the House of Representatives and the
            Committee on Banking, Housing, and Urban Affairs, the Committee
            on Commerce, Science, and Transportation, the Committee on
            Appropriations, and the Committee on the Budget of the Senate a
            report on the loans, loan guarantees, and other investments made
            under section 4003.
    SEC. 4027. <<NOTE: 15 USC 9061.>>  DIRECT APPROPRIATION.

        (a) In General.--Notwithstanding any other provision of law, there
    is appropriated, out of amounts in the Treasury not otherwise
    appropriated, to the fund established under section 5302(a)(1) of title
    31, United States Code, $500,000,000,000 to carry out this subtitle.
        (b) Technical and Conforming Amendment.--Section 5302(a) of title
    31, United States Code, is amended--
                (1) by striking ``and'' before ``section 3''; and
                (2) by inserting ``and the Coronavirus Economic
            Stabilization Act of 2020,'' before ``and for investing''.

        (c) <<NOTE: Effective dates.>>  Clarification.--
                (1) In general.--On or after January 1, 2021, any remaining
            funds made available under section 4003(b) may be used only
            for--
                        (A) modifications, restructurings, or other
                    amendments of loans, loan guarantees, or other
                    investments in accordance with section 4029(b)(1); and
                        (B) exercising any options, warrants, or other
                    investments made prior to January 1, 2021; and
                        (C) paying costs and administrative expenses as
                    provided in section 4003(f).

    [[Page 134 STAT. 497]]

                (2) Deficit reduction.--On January 1, 2026, any funds
            described in paragraph (1) that are remaining shall be
            transferred to the general fund of the Treasury to be used for
            deficit reduction.
    SEC. 4028. <<NOTE: 15 USC 9062.>>  RULE OF CONSTRUCTION.

        Nothing in this subtitle shall be construed to allow the Secretary
    to provide relief to eligible businesses, States, and municipalities
    except in the form of loans, loan guarantees, and other investments as
    provided in this subtitle and under terms and conditions that are in the
    interest of the Federal Government.
    SEC. 4029. <<NOTE: 15 USC 9063.>>  TERMINATION OF AUTHORITY.

        (a) In General.--Except as provided in subsection (b), on December
    31, 2020, the authority provided under this subtitle to make new loans,
    loan guarantees, or other investments shall terminate.
        (b) Outstanding.--
                (1) In general.--Except as provided in paragraph (2), any
            loan, loan guarantee, or other investment outstanding on the
            date described in subsection (a)--
                        (A) may be modified, restructured, or otherwise
                    amended; and
                        (B) may not be forgiven.
                (2) Duration.--The duration of any loan or loan guarantee
            made under section 4003(b)(1) that is modified, restructured, or
            otherwise amended under paragraph (1) shall not be extended
            beyond 5 years from the initial origination date of the loan or
            loan guarantee.

                     Subtitle B--Air Carrier Worker Support

    SEC. 4111. <<NOTE: 15 USC 9071.>>  DEFINITIONS.

        Unless <<NOTE: Applicability.>>  otherwise specified, the terms in
    section 40102(a) of title 49, United States Code, shall apply to this
    subtitle, except that--
                (1) the term ``airline catering employee'' means an employee
            who performs airline catering services;
                (2) the term ``airline catering services'' means
            preparation, assembly, or both, of food, beverages, provisions
            and related supplies for delivery, and the delivery of such
            items, directly to aircraft or to a location on or near airport
            property for subsequent delivery to aircraft;
                (3) the term ``contractor'' means--
                        (A) a person that performs, under contract with a
                    passenger air carrier conducting operations under part
                    121 of title 14, Code of Federal Regulations--
                              (i) catering functions; or
                              (ii) functions on the property of an airport
                          that are directly related to the air
                          transportation of persons, property, or mail,
                          including but not limited to the loading and
                          unloading of property on aircraft; assistance to
                          passengers under part 382 of title 14, Code of
                          Federal Regulations; security; airport ticketing
                          and check-in functions; ground-handling of
                          aircraft; or aircraft cleaning and sanitization
                          functions and waste removal; or

    [[Page 134 STAT. 498]]

                        (B) a subcontractor that performs such functions;
                (4) the term ``employee'' means an individual, other than a
            corporate officer, who is employed by an air carrier or a
            contractor; and
                (5) the term ``Secretary'' means the Secretary of the
            Treasury.
    SEC. 4112. <<NOTE: 15 USC 9072.>>  PANDEMIC RELIEF FOR AVIATION
                              WORKERS.

        (a) Financial Assistance for Employee Wages, Salaries, and
    Benefits.--Notwithstanding any other provision of law, to preserve
    aviation jobs and compensate air carrier industry workers, the Secretary
    shall provide financial assistance that shall exclusively be used for
    the continuation of payment of employee wages, salaries, and benefits
    to--
                (1) passenger air carriers, in an aggregate amount up to
            $25,000,000,000;
                (2) cargo air carriers, in the aggregate amount up to
            $4,000,000,000; and
                (3) contractors, in an aggregate amount up to
            $3,000,000,000.

        (b) Administrative Expenses.--Notwithstanding any other provision of
    law, the Secretary, may use $100,000,000 of the funds made available
    under section 4120(a) for costs and administrative expenses associated
    with providing financial assistance under this subtitle.
    SEC. 4113. <<NOTE: 15 USC 9073.>>  PROCEDURES FOR PROVIDING
                              PAYROLL SUPPORT.

        (a) <<NOTE: Time period. Certifications.>>  Awardable Amounts.--The
    Secretary shall provide financial assistance under this subtitle--
                (1) to an air carrier in an amount equal to the salaries and
            benefits reported by the air carrier to the Department of
            Transportation pursuant to part 241 of title 14, Code of Federal
            Regulations, for the period from April 1, 2019, through
            September 30, 2019; and
                (2) to an air carrier that does not transmit reports under
            such part 241, in an amount that such air carrier certifies,
            using sworn financial statements or other appropriate data, as
            the amount of wages, salaries, benefits, and other compensation
            that such air carrier paid the employees of such air carrier
            during the period from April 1, 2019, through September 30,
            2019; and
                (3) to a contractor, in an amount that the contractor
            certifies, using sworn financial statements or other appropriate
            data, as the amount of wages, salaries, benefits, and other
            compensation that such contractor paid the employees of such
            contractor during the period from April 1, 2019, through
            September 30, 2019.

        (b) Deadlines and Procedures.--
                (1) In general.--
                        (A) Forms; terms and conditions.--Financial
                    assistance provided to an air carrier or contractor
                    under this subtitle shall be in such form, on such terms
                    and conditions (including requirements for audits and
                    the clawback of any financial assistance provided upon
                    failure by a passenger air carrier, cargo air carrier,
                    or contractor to honor the assurances specified in
                    section 4114), as the Secretary determines appropriate.

    [[Page 134 STAT. 499]]

                        (B) <<NOTE: Publication.>>  Procedures.--The
                    Secretary shall publish streamlined and expedited
                    procedures not later than 5 days after the date of
                    enactment of this Act for air carriers and contractors
                    to submit requests for financial assistance under this
                    subtitle.
                (2) Deadline for immediate payroll assistance.--Not later
            than 10 days after the date of enactment of this Act, the
            Secretary shall make initial payments to air carriers and
            contractors that submit requests for financial assistance
            approved by to the Secretary.
                (3) <<NOTE: Determination.>>  Subsequent payments.--The
            Secretary shall determine an appropriate method for timely
            distribution of payments to air carriers and contractors with
            approved requests for financial assistance from any funds
            remaining available after providing initial financial assistance
            payments under paragraph (2).

        (c) Pro Rata Authority.--The Secretary shall have the authority to
    reduce, on a pro rata basis, the amounts due to air carriers and
    contractors under the applicable paragraph of section 4112 in order to
    address any shortfall in assistance that would otherwise be provided
    under such section.
        (d) Audits.--The Inspector General of the Department of the Treasury
    shall audit certifications made under subsection (a).
    SEC. 4114. <<NOTE: 15 USC 9074.>>  REQUIRED ASSURANCES.

        (a) <<NOTE: Contracts. Certification. Time periods.>>  In General.--
    To be eligible for financial assistance under this subtitle, an air
    carrier or contractor shall enter into an agreement with the Secretary,
    or otherwise certify in such form and manner as the Secretary shall
    prescribe, that the air carrier or contractor shall--
                (1) <<NOTE: Involuntary furloughs. Pay reductions.>>
            refrain from conducting involuntary furloughs or reducing pay
            rates and benefits until September 30, 2020;
                (2) through September 30, 2021, ensure that neither the air
            carrier or contractor nor any affiliate of the air carrier or
            contractor may, in any transaction, purchase an equity security
            of the air carrier or contractor or the parent company of the
            air carrier or contractor that is listed on a national
            securities exchange;
                (3) through September 30, 2021, ensure that the air carrier
            or contractor shall not pay dividends, or make other capital
            distributions, with respect to the common stock (or equivalent
            interest) of the air carrier or contractor; and
                (4) meet the requirements of sections 4115 and 4116.

        (b) Department of Transportation Authority to Condition Assistance
    on Continuation of Service.--
                (1) <<NOTE: Requirement.>>  In general.--The Secretary of
            Transportation is authorized to require, to the extent
            reasonable and practicable, an air carrier provided financial
            assistance under this subtitle to maintain scheduled air
            transportation service, as the Secretary of Transportation deems
            necessary, to ensure services to any point served by that
            carrier before March 1, 2020.
                (2) Required considerations.--When considering whether to
            exercise the authority provided by this section, the Secretary
            of Transportation shall take into consideration the air
            transportation needs of small and remote communities and the
            need to maintain well-functioning health care supply chains,
            including medical devices and supplies, and pharmaceutical
            supply chains.

    [[Page 134 STAT. 500]]

                (3) Sunset.--The authority provided under this subsection
            shall terminate on March 1, 2022, and any requirements issued by
            the Secretary of Transportation under this subsection shall
            cease to apply after that date.
    SEC. 4115. <<NOTE: 15 USC 9075.>>  PROTECTION OF COLLECTIVE
                              BARGAINING AGREEMENT.

        (a) In General.--Neither the Secretary, nor any other actor,
    department, or agency of the Federal Government, shall condition the
    issuance of financial assistance under this subtitle on an air carrier's
    or contractor's implementation of measures to enter into negotiations
    with the certified bargaining representative of a craft or class of
    employees of the air carrier or contractor under the Railway Labor Act
    (45 U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C.
    151 et seq.), regarding pay or other terms and conditions of employment.
        (b) Period of Effect.--With respect to an air carrier or contractor
    to which financial assistance is provided under this subtitle, this
    section shall be in effect with respect to the air carrier or contractor
    beginning on the date on which the air carrier or contractor is first
    issued such financial assistance and ending on September 30, 2020.
    SEC. 4116. <<NOTE: Time periods. 15 USC 9076.>>  LIMITATION ON
                              CERTAIN EMPLOYEE COMPENSATION.

        (a) In General.--The Secretary may only provide financial assistance
    under this subtitle to an air carrier or contractor after such carrier
    or contractor enters into an agreement with the Secretary which provides
    that, during the 2-year period beginning March 24, 2020, and ending
    March 24, 2022, no officer or employee of the air carrier or contractor
    whose total compensation exceeded $425,000 in calendar year 2019 (other
    than an employee whose compensation is determined through an existing
    collective bargaining agreement entered into prior to enactment of this
    Act)--
                (1) will receive from the air carrier or contractor total
            compensation which exceeds, during any 12 consecutive months of
            such 2-year period, the total compensation received by the
            officer or employee from the air carrier or contractor in
            calendar year 2019;
                (2) will receive from the air carrier or contractor
            severance pay or other benefits upon termination of employment
            with the air carrier or contractor which exceeds twice the
            maximum total compensation received by the officer or employee
            from the air carrier or contractor in calendar year 2019; and
                (3) no officer or employee of the eligible business whose
            total compensation exceeded $3,000,000 in calendar year 2019 may
            receive during any 12 consecutive months of such period total
            compensation in excess of the sum of--
                        (A) $3,000,000; and
                        (B) 50 percent of the excess over $3,000,000 of the
                    total compensation received by the officer or employee
                    from the eligible business in calendar year 2019.

        (b) Total Compensation Defined.--In this section, the term ``total
    compensation'' includes salary, bonuses, awards of stock, and other
    financial benefits provided by an air carrier or contractor to an
    officer or employee of the air carrier or contractor.
    SEC. 4117. <<NOTE: Determination. 15 USC 9077.>>  TAX PAYER
                              PROTECTION.

        The Secretary may receive warrants, options, preferred stock, debt
    securities, notes, or other financial instruments issued by

    [[Page 134 STAT. 501]]

    recipients of financial assistance under this subtitle which, in the
    sole determination of the Secretary, provide appropriate compensation to
    the Federal Government for the provision of the financial assistance.
    SEC. 4118. <<NOTE: 15 USC 9078.>>  REPORTS.

        (a) Report.--Not later than November 1, 2020, the Secretary shall
    submit to the Committee on Transportation and Infrastructure and the
    Committee on Financial Services of the House of Representatives and the
    Committee on Commerce, Science, and Transportation and the Committee on
    Banking, Housing, and Urban Affairs of the Senate a report on the
    financial assistance provided to air carriers and contractors under this
    subtitle, including a description of any financial assistance provided.
        (b) <<NOTE: Time period.>>  Update.--Not later than the last day of
    the 1-year period following the date of enactment of this Act, the
    Secretary shall update and submit to the Committee on Transportation and
    the Committee on Financial Services and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation and the Committee on Banking, Housing, and Urban Affairs
    of the Senate the report described in subsection (a).
    SEC. 4119. <<NOTE: 15 USC 9079.>>  COORDINATION.

        In implementing this subtitle the Secretary shall coordinate with
    the Secretary of Transportation.
    SEC. 4120. <<NOTE: 15 USC 9080.>>  DIRECT APPROPRIATION.

        Notwithstanding any other provision of law, there is appropriated,
    out of amounts in the Treasury not otherwise appropriated,
    $32,000,000,000 to carry out this subtitle.

                      TITLE V-- <<NOTE: State, tribal, and
    local governments. Territories.>> CORONAVIRUS RELIEF FUNDS
    SEC. 5001. CORONAVIRUS RELIEF FUND.

        (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is
    amended by inserting after title V the following:

                       ``TITLE VI--CORONAVIRUS RELIEF FUND

    ``SEC. 601. <<NOTE: 42 USC 801.>>  CORONAVIRUS RELIEF FUND.

        ``(a) Appropriation.--
                ``(1) In general.--Out of any money in the Treasury of the
            United States not otherwise appropriated, there are appropriated
            for making payments to States, Tribal governments, and units of
            local government under this section, $150,000,000,000 for fiscal
            year 2020.
                ``(2) Reservation of funds.--Of the amount appropriated
            under paragraph (1), the Secretary shall reserve--
                        ``(A) $3,000,000,000 of such amount for making
                    payments to the District of Columbia, the Commonwealth
                    of Puerto Rico, the United States Virgin Islands, Guam,
                    the Commonwealth of the Northern Mariana Islands, and
                    American Samoa; and

    [[Page 134 STAT. 502]]

                        ``(B) $8,000,000,000 of such amount for making
                    payments to Tribal governments.

        ``(b) Authority to Make Payments.--
                ``(1) <<NOTE: Deadline.>>  In general.--Subject to paragraph
            (2), not later than 30 days after the date of enactment of this
            section, the Secretary shall pay each State and Tribal
            government, and each unit of local government that meets the
            condition described in paragraph (2), the amount determined for
            the State, Tribal government, or unit of local government, for
            fiscal year 2020 under subsection (c).
                ``(2) Direct payments to units of local government.--If a
            unit of local government of a State submits the certification
            required by subsection (e) for purposes of receiving a direct
            payment from the Secretary under the authority of this
            paragraph, the Secretary shall reduce the amount determined for
            that State by the relative unit of local government population
            proportion amount described in subsection (c)(5) and pay such
            amount directly to such unit of local government.

        ``(c) Payment Amounts.--
                ``(1) In general.--Subject to paragraph (2), the amount paid
            under this section for fiscal year 2020 to a State that is 1 of
            the 50 States shall be the amount equal to the relative
            population proportion amount determined for the State under
            paragraph (3) for such fiscal year.
                ``(2) Minimum payment.--
                        ``(A) In general.--No State that is 1 of the 50
                    States shall receive a payment under this section for
                    fiscal year 2020 that is less than $1,250,000,000.
                        ``(B) Pro rata adjustments.--The Secretary shall
                    adjust on a pro rata basis the amount of the payments
                    for each of the 50 States determined under this
                    subsection without regard to this subparagraph to the
                    extent necessary to comply with the requirements of
                    subparagraph (A).
                ``(3) Relative population proportion amount.--For purposes
            of paragraph (1), the relative population proportion amount
            determined under this paragraph for a State for fiscal year 2020
            is the product of--
                        ``(A) the amount appropriated under paragraph (1) of
                    subsection (a) for fiscal year 2020 that remains after
                    the application of paragraph (2) of that subsection; and
                        ``(B) the relative State population proportion (as
                    defined in paragraph (4)).
                ``(4) Relative state population proportion defined.--For
            purposes of paragraph (3)(B), the term `relative State
            population proportion' means, with respect to a State, the
            quotient of--
                        ``(A) the population of the State; and
                        ``(B) the total population of all States (excluding
                    the District of Columbia and territories specified in
                    subsection (a)(2)(A)).
                ``(5) Relative unit of local government population
            proportion amount.--For purposes <<NOTE: Definition.>>  of
            subsection (b)(2), the term `relative unit of local government
            population proportion amount' means, with respect to a unit of
            local government and a State, the amount equal to the product
            of--

    [[Page 134 STAT. 503]]

                        ``(A) 45 percent of the amount of the payment
                    determined for the State under this subsection (without
                    regard to this paragraph); and
                        ``(B) the amount equal to the quotient of--
                              ``(i) the population of the unit of local
                          government; and
                              ``(ii) the total population of the State in
                          which the unit of local government is located.
                ``(6) District of columbia and territories.--The amount paid
            under this section for fiscal year 2020 to a State that is the
            District of Columbia or a territory specified in subsection
            (a)(2)(A) shall be the amount equal to the product of--
                        ``(A) the amount set aside under subsection
                    (a)(2)(A) for such fiscal year; and
                        ``(B) <<NOTE: Determination.>>  each such District's
                    and territory's share of the combined total population
                    of the District of Columbia and all such territories, as
                    determined by the Secretary.
                ``(7) <<NOTE: Determination. Consultation.>>  Tribal
            governments.--From the amount set aside under subsection
            (a)(2)(B) for fiscal year 2020, the amount paid under this
            section for fiscal year 2020 to a Tribal government shall be the
            amount the Secretary shall determine, in consultation with the
            Secretary of the Interior and Indian Tribes, that is based on
            increased expenditures of each such Tribal government (or a
            tribally-owned entity of such Tribal government) relative to
            aggregate expenditures in fiscal year 2019 by the Tribal
            government (or tribally-owned entity) and determined in such
            manner as the Secretary determines appropriate to ensure that
            all amounts available under subsection (a)(2)(B) for fiscal year
            2020 are distributed to Tribal governments.
                ``(8) Data.--For purposes of this subsection, the population
            of States and units of local governments shall be determined
            based on the most recent year for which data are available from
            the Bureau of the Census.

        ``(d) Use of Funds.--A State, Tribal government, and unit of local
    government shall use the funds provided under a payment made under this
    section to cover only those costs of the State, Tribal government, or
    unit of local government that--
                ``(1) are necessary expenditures incurred due to the public
            health emergency with respect to the Coronavirus Disease 2019
            (COVID-19);
                ``(2) were not accounted for in the budget most recently
            approved as of the date of enactment of this section for the
            State or government; and
                ``(3) <<NOTE: Time period.>>  were incurred during the
            period that begins on March 1, 2020, and ends on December 30,
            2020.

        ``(e) Certification.--In order to receive a payment under this
    section, a unit of local government shall provide the Secretary with a
    certification signed by the Chief Executive for the unit of local
    government that the local government's proposed uses of the funds are
    consistent with subsection (d).
        ``(f) Inspector General Oversight; Recoupment.--
                ``(1) Oversight authority.--The Inspector General of the
            Department of the Treasury shall conduct monitoring and
            oversight of the receipt, disbursement, and use of funds made
            available under this section.

    [[Page 134 STAT. 504]]

                ``(2) <<NOTE: Determination.>>  Recoupment.--If the
            Inspector General of the Department of the Treasury determines
            that a State, Tribal government, or unit of local government has
            failed to comply with subsection (d), the amount equal to the
            amount of funds used in violation of such subsection shall be
            booked as a debt of such entity owed to the Federal Government.
            Amounts recovered under this subsection shall be deposited into
            the general fund of the Treasury.
                ``(3) Appropriation.--Out of any money in the Treasury of
            the United States not otherwise appropriated, there are
            appropriated to the Office of the Inspector General of the
            Department of the Treasury, $35,000,000 to carry out oversight
            and recoupment activities under this subsection. Amounts
            appropriated under the preceding sentence shall remain available
            until expended.
                ``(4) Authority of inspector general.--Nothing in this
            subsection shall be construed to diminish the authority of any
            Inspector General, including such authority as provided in the
            Inspector General Act of 1978 (5 U.S.C. App.).

        ``(g) Definitions.--In this section:
                ``(1) Indian tribe.--The term `Indian Tribe' has the meaning
            given that term in section 4(e) of the Indian Self-Determination
            and Education Assistance Act (25 U.S.C. 5304(e)).
                ``(2) Local government.--The term `unit of local government'
            means a county, municipality, town, township, village, parish,
            borough, or other unit of general government below the State
            level with a population that exceeds 500,000.
                ``(3) Secretary.--The term `Secretary' means the Secretary
            of the Treasury.
                ``(4) State.--The term `State' means the 50 States, the
            District of Columbia, the Commonwealth of Puerto Rico, the
            United States Virgin Islands, Guam, the Commonwealth of the
            Northern Mariana Islands, and American Samoa.
                ``(5) Tribal government.--The term `Tribal government' means
            the recognized governing body of an Indian Tribe.''.

        (b) Application of Provisions.--Amounts appropriated for fiscal year
    2020 under section 601(a)(1) of the Social Security Act (as added by
    subsection (a)) shall be subject to the requirements contained in Public
    Law 116-94 for funds for programs authorized under sections 330 through
    340 of the Public Health Service Act (42 U.S.C. 254 through 256).

                       TITLE VI--MISCELLANEOUS PROVISIONS

    SEC. 6001. <<NOTE: 39 USC 101 note.>>  COVID-19 BORROWING
                              AUTHORITY FOR THE UNITED STATES POSTAL
                              SERVICE.

        (a) Definitions.--In this section--
                (1) the term ``COVID-19 emergency'' means the emergency
            involving Federal primary responsibility determined to exist by
            the President under section 501(b) of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
            with respect to the Coronavirus Disease 2019 (COVID-19); and

    [[Page 134 STAT. 505]]

                (2) the term ``Postal Service'' means the United States
            Postal Service.

        (b) Additional Borrowing Authority.--Notwithstanding section 2005 of
    title 39, United States Code, or any other provision of law, if the
    Postal Service determines that, due to the COVID-19 emergency, the
    Postal Service will not be able to fund operating expenses without
    borrowing money--
                (1) the Postal Service may borrow money from the Treasury in
            an amount not to exceed $10,000,000,000--
                        (A) to be used for such operating expenses; and
                        (B) which may not be used to pay any outstanding
                    debt of the Postal Service; and
                (2) the Secretary of the Treasury may lend up to the amount
            described in paragraph (1) at the request of the Postal Service,
            upon terms and conditions mutually agreed upon by the Secretary
            and the Postal Service.

        (c) Prioritization of Delivery for Medical Purposes During COVID-19
    Emergency.--Notwithstanding any other provision of law, during the
    COVID-19 emergency, the Postal Service--
                (1) shall prioritize delivery of postal products for medical
            purposes; and
                (2) may establish temporary delivery points, in such form
            and manner as the Postal Service determines necessary, to
            protect employees of the Postal Service and individuals
            receiving deliveries from the Postal Service.
    SEC. 6002. EMERGENCY DESIGNATION.

        (a) In General.--The amounts provided under this division are
    designated as an emergency requirement pursuant to section 4(g) of the
    Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
        (b) Designation in Senate.--In the Senate, this division is
    designated as an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018.

        DIVISION <<NOTE: Emergency Appropriations for Coronavirus Health
       Response and Agency Operations.>>  B--EMERGENCY APPROPRIATIONS FOR
    CORONAVIRUS HEALTH RESPONSE AND AGENCY OPERATIONS

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

                                     TITLE I

                              AGRICULTURAL PROGRAMS

                             Office of the Secretary

        For an additional amount for the ``Office of the Secretary'',
    $9,500,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus by providing support for agricultural
    producers impacted by coronavirus, including producers of specialty
    crops, producers that supply local food systems, including farmers
    markets, restaurants, and schools, and livestock producers, including
    dairy producers:  Provided, That such amount

    [[Page 134 STAT. 506]]

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

                           Office of Inspector General

        For an additional amount for ``Office of Inspector General'',
    $750,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That <<NOTE: Audits. Investigations.>>  the
    funding made available under this heading in this Act shall be used for
    conducting audits and investigations of projects and activities carried
    out with funds made available in this Act to the Department of
    Agriculture to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                   Animal and Plant Health Inspection Service

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $55,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    for necessary expenses for salary costs associated with the Agriculture
    Quarantine and Inspection Program:    Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         Agricultural Marketing Service

                               marketing services

        For an additional amount for ``Marketing Services'', $45,000,000, to
    remain available until September 30, 2021, to prevent, prepare for, and
    respond to coronavirus, domestically or internationally, including
    necessary expenses for salary costs associated with commodity grading,
    inspection, and audit activities:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                       Food Safety and Inspection Service

        For an additional amount for ``Food Safety and Inspection Service'',
    $33,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including for support of temporary and intermittent
    workers, relocation of inspectors, and, notwithstanding 21 U.S.C. 468,
    695 and 1053 and 7 U.S.C. 2219a, costs of overtime inspectors under the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act:  Provided, That such amount is
    designated by the Congress as being for

    [[Page 134 STAT. 507]]

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

                    FARM PRODUCTION AND CONSERVATION PROGRAMS

                               Farm Service Agency

        For an additional amount for ``Salaries and Expenses'', $3,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    necessary expenses to hire temporary staff and overtime expenses:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                           RURAL DEVELOPMENT PROGRAMS

                       Rural Business--Cooperative Service

                         rural business program account

        For an additional amount for ``Rural Business Program Account'',
    $20,500,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, for the cost of loans for rural
    business development programs authorized by section 310B and described
    in subsection (g) of section 310B of the Consolidated Farm and Rural
    Development Act:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                             Rural Utilities Service

             distance learning, telemedicine, and broadband program

        For an additional amount for ``Distance Learning, Telemedicine, and
    Broadband Program'', $25,000,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, for telemedicine and distance learning services in
    rural areas, as authorized by 7 U.S.C. 950aaa et seq.:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                             DOMESTIC FOOD PROGRAMS

                           Food and Nutrition Service

                            child nutrition programs

        For an additional amount for ``Child Nutrition Programs'',
    $8,800,000,000 to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section

    [[Page 134 STAT. 508]]

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

                    supplemental nutrition assistance program

        For an additional amount for ``Supplemental Nutrition Assistance
    Program'', $15,810,000,000, to remain available until September 30,
    2021, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally:  Provided, That of the amount provided under this
    heading in this Act, $15,510,000,000 shall be placed in a contingency
    reserve to be allocated as the Secretary deems necessary to support
    participation should cost or participation exceed budget estimates to
    prevent, prepare for, and respond to coronavirus:  Provided further,
    That of the amount provided under this heading in this Act, $100,000,000
    shall be for the food distribution program on Indian reservations
    program as authorized by Section 4(b) of the Food and Nutrition Act of
    2008 (7 U.S.C. 2013) and Section 4(a) of the Agriculture and Consumer
    Protection Act of 1973 (7 U.S.C. 1431) to prevent, prepare for, and
    respond to coronavirus, of which $50,000,000 shall be for facility
    improvements and equipment upgrades and of which $50,000,000 shall be
    for the costs relating to additional food purchases:  Provided further,
    That of the amount <<NOTE: Grants. Territories.>>  provided under this
    heading in this Act, $200,000,000 to remain available through September
    30, 2021, shall be available for the Secretary of Agriculture to provide
    grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico,
    and American Samoa for nutrition assistance to prevent, prepare for, and
    respond to coronavirus, domestically or internationally:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                          commodity assistance program

        For an additional amount for ``Commodity Assistance Program'',
    $450,000,000, to remain available through September 30, 2021, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, for the emergency food assistance program as authorized
    by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
    2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of
    1983 (7 U.S.C. 7508(a)(1)):  Provided, That of the funds made available,
    the Secretary may use up to $150,000,000 for costs associated with the
    distribution of commodities:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                     FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $4,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    necessary expenses to relocate employees and

    [[Page 134 STAT. 509]]

    their dependents back from overseas posts:  Provided, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                     Department of Health and Human Services

                          food and drug administration

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $80,000,000,
    to remain available until expended, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally, including funds for the
    development of necessary medical countermeasures and vaccines, advanced
    manufacturing for medical products, the monitoring of medical product
    supply chains, and related administrative activities:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         GENERAL PROVISIONS--THIS TITLE

                          (including transfer of funds)

        Sec. 11001.  Of the funds made available to the Rural Development
    mission area in this title, and in addition to funds otherwise made
    available for such purpose, not more than 3 percent may be used for
    administrative costs to carry out loan, loan guarantee and grant
    activities funded in this title to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such funds
    shall be transferred to, and merged with, the appropriation for ``Rural
    Development, Salaries and Expenses'' and, once transferred, shall be
    used only to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided further, that this transfer
    authority is in addition to any other transfer authority provided by
    law.

                          commodity credit corporation

                  reimbursement of present net realized losses

        Sec. 11002.  Of the amounts provided in the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) under the heading
    ``Commodity Credit Corporation Fund--Reimbursement for Net Realized
    Losses'', $14,000,000,000, may be used, prior to the completion of the
    report described in 15 U.S.C. 713a-11, to reimburse the Commodity Credit
    Corporation for net realized losses sustained, but not previously
    reimbursed, as reflected in the June 2020 report of its financial
    condition:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 510]]

        Sec. 11003.  The <<NOTE: Extension.>>  Secretary may extend the term
    of a marketing assistance loan authorized by section 1201 of the
    Agricultural Act of 2014 (7 U.S.C. 9033) for any loan commodity to 12
    months:  Provided, That <<NOTE: Expiration date.>>  the authority made
    available pursuant to this section shall expire on September 30, 2020:
    Provided further, That the amount provided by this section is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

        Sec. 11004.  For <<NOTE: Grants. Urban and rural areas.>>  an
    additional amount for grants under the pilot program established under
    section 779 of Public Law 115-141, to prevent, prepare for, and respond
    to coronavirus, $100,000,000, to remain available until September 30,
    2021:  Provided, That at least 90 percent of the households to be served
    by a project receiving a grant shall be in a rural area without
    sufficient access to broadband:  Provided
    further, <<NOTE: Definition.>> That for purposes of such pilot program,
    a rural area without sufficient access to broadband shall be defined as
    10 Mbps downstream and 1 Mbps upstream, and such definition shall be
    reevaluated and redefined, as necessary, on an annual basis by the
    Secretary of Agriculture:  Provided further, That an entity to which a
    grant is made under the pilot program shall not use a grant to overbuild
    or duplicate broadband expansion efforts made by any entity that has
    received a broadband loan from the Rural Utilities Service:  Provided
    further, That priority consideration for grants shall be given to
    previous applicants now eligible as a result of adjusted eligibility
    requirements:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                    TITLE II

                             DEPARTMENT OF COMMERCE

                       Economic Development Administration

                    economic development assistance programs

                         (including transfers of funds)

        Pursuant to section 703 of the Public Works and Economic Development
    Act (42 U.S.C. 3233), for an additional amount for ``Economic
    Development Assistance Programs'', $1,500,000,000, to remain available
    until September 30, 2022, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including for necessary
    expenses for responding to economic injury as a result of coronavirus:
    Provided, That such amount shall be for economic adjustment assistance
    as authorized by section 209 of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3149):  Provided further, That within
    the amount appropriated under this heading in this Act, up to 2 percent
    of funds may be transferred to the ``Salaries and Expenses'' account for
    administration and oversight activities related to preventing, preparing
    for, and responding to coronavirus: <<NOTE: 42 USC 3211 note.>>
    Provided further, That the Secretary of Commerce is authorized to
    appoint and fix the compensation of such temporary personnel as may be
    necessary to implement the requirements under this heading in this Act

    [[Page 134 STAT. 511]]

    to prevent, prepare for, and respond to coronavirus, without regard to
    the provisions of title 5, United States Code, governing appointments in
    competitive service:  Provided further, That <<NOTE: Appointments. Time
    period. 42 USC 3211 note.>>  the Secretary of Commerce is authorized to
    appoint such temporary personnel, after serving continuously for 2
    years, to positions in the Economic Development Administration in the
    same manner that competitive service employees with competitive status
    are considered for transfer, reassignment, or promotion to such
    positions and an individual appointed under this provision shall become
    a career-conditional employee, unless the employee has already completed
    the service requirements for career tenure:  Provided further, That
    within the amount appropriated under this heading in this Act,
    $3,000,000 shall be transferred to the ``Office of Inspector General''
    account for carrying out investigations and audits related to the
    funding provided to prevent, prepare for, and respond to coronavirus
    under this heading in this Act:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                 National Institute of Standards and Technology

                 scientific and technical research and services

        For an additional amount for ``Scientific and Technical Research and
    Services'', $6,000,000, to remain available until September, 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally, by supporting continuity of operations, including
    measurement science to support viral testing and biomanufacturing:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                         industrial technology services

        For an additional amount for ``Industrial Technology Services'',
    $60,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That of the amount provided under this
    heading in this Act, $50,000,000 shall be for the Hollings Manufacturing
    Extension Partnership to assist manufacturers to prevent, prepare for,
    and respond to coronavirus and $10,000,000 shall be for the National
    Network for Manufacturing Innovation (also known as ``Manufacturing
    USA'') to prevent, prepare for, and respond to coronavirus, including to
    support development and manufacturing of medical countermeasures and
    biomedical equipment and supplies:  Provided further, That none of the
    funds provided under this heading in this Act shall be subject to cost
    share requirements under 15 U.S.C. 278k(e)(2) or 15 U.S.C.
    278s(e)(7)(A):  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    [[Page 134 STAT. 512]]

                 National Oceanic and Atmospheric Administration

                      operations, research, and facilities

        For an additional amount for ``Operations, Research, and
    Facilities'', $20,000,000, to remain available until September, 30,
    2021, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally, by supporting continuity of operations, including
    National Weather Service life and property related operations:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                              DEPARTMENT OF JUSTICE

                             General Administration

                     justice information sharing technology

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

                           Office of Inspector General

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

                                Legal Activities

                 salaries and expenses, united states attorneys

        For an additional amount for ``Salaries and Expenses, United States
    Attorneys'', $3,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including the impact of
    coronavirus on the work of the Department of Justice:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         United States Marshals Service

                              salaries and expenses

        For an additional amount for ``United States Marshals Service,
    Salaries and Expenses'', $15,000,000, to prevent, prepare for, and

    [[Page 134 STAT. 513]]

    respond to coronavirus, domestically or internationally, including the
    impact of coronavirus on the work of the Department of Justice:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                         Federal Bureau of Investigation

                              salaries and expenses

        For an additional amount for ``Federal Bureau of Investigation,
    Salaries and Expenses'', $20,000,000, to prevent, prepare for, and
    respond to coronavirus, domestically or internationally, including the
    impact of coronavirus on the work of the Department of Justice:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                         Drug Enforcement Administration

                              salaries and expenses

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

                              Federal Prison System

                              salaries and expenses

        For an additional amount for ``Federal Prison System, Salaries and
    Expenses'', $100,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including the impact of
    coronavirus on the work of the Department of Justice:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                   State and Local Law Enforcement Activities

                           Office of Justice Programs

                   state and local law enforcement assistance

        For an additional amount for ``State and Local Law Enforcement
    Assistance'', $850,000,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, to be awarded pursuant to the formula allocation
    (adjusted in proportion to the relative amounts statutorily designated
    therefor) that was used in fiscal year 2019 for the Edward Byrne
    Memorial Justice Assistance Grant program as authorized

    [[Page 134 STAT. 514]]

    by subpart 1 of part E of title I of the Omnibus Crime Control and Safe
    Streets Acts of 1968 (``1968 Act''):  Provided, That the allocation
    provisions under sections 505(a) through (e) and the special rules for
    Puerto Rico under section 505(g), and section 1001(c), of the 1968 Act,
    shall not apply to the amount provided under this heading in this Act:
    Provided further, That awards hereunder, shall not be subject to
    restrictions or special conditions that are the same as (or
    substantially similar to) those, imposed on awards under such subpart in
    fiscal year 2018, that forbid interference with Federal law enforcement:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                                     SCIENCE

                  National Aeronautics and Space Administration

                      safety, security and mission services

        For an additional amount for ``Safety, Security and Mission
    Services'', $60,000,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                           National Science Foundation

                         research and related activities

        For an additional amount for ``Research and Related Activities'',
    $75,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including to fund research grants and other necessary
    expenses:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     agency operations and award management

        For an additional amount for ``Agency Operations and Award
    Management'', $1,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including to administer
    research grants and other necessary expenses:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 515]]

                                RELATED AGENCIES

                           Legal Services Corporation

                    payment to the legal services corporation

        For an additional amount for ``Payment to the Legal Services
    Corporation'', $50,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That none of
    the funds appropriated under this heading in this Act to the Legal
    Services Corporation shall be expended for any purpose prohibited or
    limited by, or contrary to any of the provisions of, sections 501, 502,
    503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated
    in this Act to the Legal Services Corporation shall be subject to the
    same terms and conditions set forth in such sections, except that all
    references in sections 502 and 503 to 1997 and 1998 shall be deemed to
    refer instead to 2019 and 2020, respectively, and except that sections
    501 and 503 of Public Law 104-134 (referenced by Public Law 105-119)
    shall not apply to the amount made available under this heading:
    Provided further, That for the purposes of this Act, the Legal Services
    Corporation shall be considered an agency of the United States
    Government:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 12001.  Amounts provided by the Consolidated Appropriations
    Act, 2020, (Public Law 116-93) for the Hollings Manufacturing Extension
    Partnership under the heading ``National Institute of Standards and
    Technology--Industrial Technology Services'' shall not be subject to
    cost share requirements under 15 U.S.C. 278k(e)(2):  Provided, That the
    authority made available pursuant to this section shall be elective for
    any Manufacturing Extension Partnership Center that also receives
    funding from a State that is conditioned upon the application of a
    Federal cost sharing requirement.
        Sec. 12002. (a) <<NOTE: Reimbursements. Grants.>>  Funds
    appropriated in this title for the National Science Foundation may be
    made available to restore amounts, either directly or through
    reimbursement, for obligations incurred by the National Science
    Foundation for research grants and other necessary expenses to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, prior to the date of enactment of this Act.

        (b) <<NOTE: Time period.>>  Grants or cooperative agreements made by
    the National Science Foundation under this title, to carry out research
    grants and other necessary expenses to prevent, prepare for, and respond
    to coronavirus, domestically or internationally, shall include amounts
    to reimburse costs for these purposes incurred between January 20, 2020,
    and the date of issuance of such grants or agreements.

                                bureau of prisons

        Sec. 12003. (a) <<NOTE: 18 USC 3621 note.>>  Definitions.--In this
    section--
                (1) the term ``Bureau'' means the Bureau of Prisons;

    [[Page 134 STAT. 516]]

                (2) <<NOTE: Time period.>>  the term ``covered emergency
            period'' means the period beginning on the date on which the
            President declared a national emergency under the National
            Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
            Coronavirus Disease 2019 (COVID-19) and ending on the date that
            is 30 days after the date on which the national emergency
            declaration terminates; and
                (3) the term ``Secretary'' means the Secretary of Health and
            Human Services.

        (b) Supply of Personal Protective Equipment and Test Kits to Bureau
    of Prisons; Home Confinement Authority.--
                (1) Personal protective equipment and test kits.--
                        (A) Findings.--Congress finds the following:
                              (i) There is an urgent need for personal
                          protective equipment and test kits to the Bureau
                          based on the density of the inmate population, the
                          high traffic, the high volume of inmates, the high
                          rate of turnover of inmates and personnel, and the
                          number of high-security areas, within the
                          facilities of the Bureau.
                              (ii) The inability of the Bureau to secure the
                          purchase of infectious disease personal protective
                          equipment and related supplies now and in the
                          future is a vulnerability.
                              (iii) The Bureau is currently competing in and
                          engaging the same landscape of vendors as all
                          other Federal agencies and private entities.
                              (iv) The ability of the Bureau to purchase
                          needed equipment and supplies is currently subject
                          to an individual manufacturer's specific
                          recognition of the Bureau as a priority and
                          subsequent allocation of the inventory of the
                          manufacturer to the Bureau.
                        (B) Consideration.--The Secretary shall
                    appropriately consider, relative to other priorities of
                    the Department of Health and Human Services for high-
                    risk and high-need populations, the distribution of
                    infectious disease personal protective equipment and
                    COVID-19 test kits to the Bureau for use by inmates and
                    personnel of the Bureau.
                (2) <<NOTE: Time period.>>  Home confinement authority.--
            During the covered emergency period, if the Attorney General
            finds that emergency conditions will materially affect the
            functioning of the Bureau, the Director of the Bureau may
            lengthen the maximum amount of time for which the Director is
            authorized to place a prisoner in home confinement under the
            first sentence of section 3624(c)(2) of title 18, United States
            Code, as the Director determines appropriate.

        (c) Video Visitation.--
                (1) <<NOTE: Regulations. Time period.>>  In general.--During
            the covered emergency period, if the Attorney General finds that
            emergency conditions will materially affect the functioning of
            the Bureau, the Director of the Bureau shall promulgate rules
            regarding the ability of inmates to conduct visitation through
            video teleconferencing and telephonically, free of charge to
            inmates, during the covered emergency period.
                (2) Exemption from notice-and-comment rulemaking
            requirements.--Section 553 of title 5, United States Code, shall
            not apply to the promulgation of rules under paragraph (1) of
            this subsection.

    [[Page 134 STAT. 517]]

        (d) Emergency Requirement.--The amount provided by this section is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

        temporary authority of director of the uspto during the covid-19
                                   emergency.

        Sec. 12004. (a) <<NOTE: Determination. 35 USC 2 note.>>  In
    General.--During the emergency period described in subsection (e), the
    Director may toll, waive, adjust, or modify, any timing deadline
    established by title 35, United States Code, the Trademark Act, section
    18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note), or
    regulations promulgated thereunder, in effect during such period, if the
    Director determines that the emergency related to such period--
                (1) materially affects the functioning of the Patent and
            Trademark Office;
                (2) prejudices the rights of applicants, registrants, patent
            owners, or others appearing before the Office; or
                (3) prevents applicants, registrants, patent owners, or
            others appearing before the Office from filing a document or fee
            with the Office.

        (b) <<NOTE: Determination.>>  Public Notice.--If the Director
    determines that tolling, waiving, adjusting, or modifying a timing
    deadline under subsection (a) is appropriate, the Director shall publish
    publicly a notice to such effect.

        (c) <<NOTE: Deadline. Time period.>>  Statement Required.--Not later
    than 20 days after the Director tolls, waives, adjusts, or modifies a
    timing deadline under subsection (a) and such toll, waiver, adjustment,
    or modification is in effect for a consecutive or cumulative period
    exceeding 120 days, the Director shall submit to Congress a statement
    describing the action taken, relevant background, and rationale for the
    period of tolling, waiver, adjustment, or modification.

        (d) Other Laws.--Notwithstanding section 301 of the National
    Emergencies Act (50 U.S.C. 1631), the authority of the Director under
    subsection (a) is not contingent on a specification made by the
    President under such section or any other requirement under that Act
    (other than the emergency declaration under section 201(a) of such Act
    (50 U.S.C. 1621(a))). The authority described in this section supersedes
    the authority of title II of the National Emergencies Act (50 U.S.C.
    1621 et seq.).
        (e) Emergency Period.--The emergency period described in this
    subsection includes the duration of the portion of the emergency
    declared by the President pursuant to the National Emergencies Act on
    March 13, 2020, as a result of the COVID-19 outbreak (and any renewal
    thereof) beginning on or after the date of the enactment of this section
    and the 60 day period following such duration.
        (f) Rule of Construction.--Nothing in this section may be construed
    as limiting other statutory authorities the Director may have to grant
    relief regarding filings or deadlines.
        (g) Sunset.--Notwithstanding subsection (a), the authorities
    provided under this section shall expire upon the expiration of the 2-
    year period after the date of the enactment of this section.
        (h) Definitions.--In this section:

    [[Page 134 STAT. 518]]

                (1) Director.--The term ``Director'' means the Under
            Secretary of Commerce for Intellectual Property and Director of
            the United States Patent and Trademark Office.
                (2) Trademark act.--The term ``Trademark Act'' means the Act
            entitled ``An Act to provide for the registration and protection
            of trademarks used in commerce, to carry out the provisions of
            certain international conventions, and for other purposes'',
            approved July 5, 1946 (15 U.S.C. 1051 et seq.).

        (i) Emergency Requirement.--The amount provided by this section is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                       assistance to fishery participants

        Sec. 12005.  (a) <<NOTE: 15 USC 1512 note.>>  In General.--The
    Secretary of Commerce is authorized to provide assistance to Tribal,
    subsistence, commercial, and charter fishery participants affected by
    the novel coronavirus (COVID-19), which may include direct relief
    payments.

        (b) Fishery Participants.--For the purposes of this section,
    ``fishery participants'' include Tribes, persons, fishing communities,
    aquaculture businesses not otherwise eligible for assistance under part
    1416 of title 7 of the Code of Federal Regulations for losses related to
    COVID-19, processors, or other fishery-related businesses, who have
    incurred, as a direct or indirect result of the coronavirus pandemic--
                (1) economic revenue losses greater than 35 percent as
            compared to the prior 5-year average revenue; or
                (2) any negative impacts to subsistence, cultural, or
            ceremonial fisheries.

        (c) Rolling Basis.--Funds may be awarded under this section on a
    rolling basis, and within a fishing season, to ensure rapid delivery of
    funds during the COVID-19 pandemic.
        (d) Appropriations.--In addition to funds that are otherwise made
    available to assist fishery participants under this Act, there are
    authorized to be appropriated, and there are appropriated, $300,000,000,
    to remain available until September 30, 2021, to carry out this section,
    of which up to 2 percent may be used for administration and oversight
    activities.
        (e) Emergency Requirement.--The amount provided by this section is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                    TITLE III

                              DEPARTMENT OF DEFENSE

                               MILITARY PERSONNEL

                         National Guard Personnel, Army

        For an additional amount for ``National Guard Personnel, Army'',
    $746,591,000, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 134 STAT. 519]]

                       National Guard Personnel, Air Force

        For an additional amount for ``National Guard Personnel, Air
    Force'', $482,125,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                            OPERATION AND MAINTENANCE

                         Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $160,300,000, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         Operation and Maintenance, Navy

        For an additional amount for ``Operation and Maintenance, Navy'',
    $360,308,000, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                     Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $90,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $155,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                     Operation and Maintenance, Army Reserve

        For an additional amount for ``Operation and Maintenance, Army
    Reserve'', $48,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 520]]

                 Operation and Maintenance, Army National Guard

        For an additional amount for ``Operation and Maintenance, Army
    National Guard'', $186,696,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air National Guard

        For an additional amount for ``Operation and Maintenance, Air
    National Guard'', $75,754,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                     Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $827,800,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                                   PROCUREMENT

                        Defense Production Act Purchases

        For an additional amount for ``Defense Production Act Purchases'',
    $1,000,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, domestically or internationally:
    Provided, That <<NOTE: Time period. Waiver. 50 USC 4531 note.>>  for the
    two-year period beginning with the date of enactment of this Act, the
    requirements described in Section 301(a)(3)(A) and 302(c)(1) of Public
    Law 81-774, shall be waived:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         REVOLVING AND MANAGEMENT FUNDS

                          Defense Working Capital Funds

        For an additional amount for ``Defense Working Capital Funds'',
    $1,450,000,000, to prevent, position, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That of the
    amount provided under this heading in this Act, $475,000,000 shall be
    for the Navy Working Capital Fund, $475,000,000 shall be for the Air
    Force Working Capital Fund, and $500,000,000 shall be for the Defense-
    Wide Working Capital Fund:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 134 STAT. 521]]

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $3,805,600,000, of which $3,390,600,000 shall be for operation and
    maintenance, and $415,000,000 shall be for research, development, test
    and evaluation, to remain available until September 30, 2021, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That, notwithstanding that one percent of
    funding for operation and maintenance under this heading in Public Law
    116-93 shall remain available for obligation until September 30, 2021,
    funding for operation and maintenance made available under this heading
    in this Act shall only be available through September 30, 2020:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         Office of the Inspector General

        For an additional amount for ``Office of the Inspector General'',
    $20,000,000, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That the funding made
    available under this heading in this Act shall be used for conducting
    audits and investigations of projects and activities carried out with
    funds made available in this Act to the Department of Defense to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 13001. <<NOTE: Transfer authority.>>   Funds appropriated by
    this title may be transferred to, and merged with, other applicable
    appropriations of the Department of Defense, except for ``Drug
    Interdiction and Counter-Drug Activities, Defense'', for expenses
    incurred in preventing, preparing for, or responding to coronavirus,
    including expenses of the Department of Defense incurred in support of
    other Federal Departments and agencies, and State, local, and Indian
    tribal governments, to be merged with and to be available for the same
    purposes, and for the same time period, as the appropriation or fund to
    which transferred:  Provided, That <<NOTE: Determination.>>  upon a
    determination that all or part of the funds transferred pursuant to this
    section that are not necessary for the purposes provided herein, such
    funds shall be transferred back to the original appropriation:  Provided
    further, That the transfer authority provided by this section is in
    addition to any other transfer authority provided by law.

        Sec. 13002.  For an additional amount for ``Defense Health
    Program'', $1,095,500,000, which shall be for operation and maintenance,
    and of which $1,095,500,000 may be available for contracts entered into
    under the TRICARE program:  Provided, That, notwithstanding that one
    percent of funding for operation and maintenance under this heading in
    Public Law 116-93 shall remain available for obligation until September
    30, 2021, funding for operation and maintenance made available under
    this heading in this section

    [[Page 134 STAT. 522]]

    shall only be available through September 30, 2020:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        Sec. 13003. (a) <<NOTE: 10 USC 2208 note.>>  Notwithstanding section
    2208(l)(3) of title 10, United States Code, during fiscal year 2020, the
    total amount of the advance billings rendered or imposed for all
    working-capital funds of the Department of Defense may exceed the amount
    otherwise specified in such section.

        (b) <<NOTE: Definition.>>  In this section, the term ``advance
    billing'' has the meaning given that term in section 2208(l)(4) of title
    10, United States Code.

        Sec. 13004. (a) <<NOTE: 10 USC 2326 note.>>  Section 2326(b)(3) of
    title 10, United States Code, shall not apply to any undefinitized
    contract action of the Department of Defense related to the national
    emergency for the Coronavirus Disease 2019 (COVID-19).

        (b) <<NOTE: Definition.>>  In this section, the term ``undefinitized
    contract action'' has the meaning given that term in section 2326(j)(6)
    of title 10, United States Code.

        Sec. 13005. (a) <<NOTE: Waiver authority. 10 USC 2326 note.>>  The
    head of an agency may waive the provisions of section 2326(b) of title
    10, United States Code, with respect to a contract of such agency if the
    head of the agency determines that the waiver is necessary due to the
    national emergency for the Coronavirus Disease 2019 (COVID-19).

        (b) <<NOTE: Definition.>>  In this section, the term ``head of an
    agency'' has the meaning given that term in section 2302(2) of title 10,
    United States Code.

        Sec. 13006. (a) <<NOTE: 10 USC 2371b note.>>  Notwithstanding
    paragraph (3) of section 2371b(a) of title 10, United States Code, the
    authority of a senior procurement executive or director of the Defense
    Advanced Research Projects Agency or Missile Defense Agency under
    paragraph (2)(A) of such section, and the authority of the Under
    Secretaries of Defense under paragraph (2)(B) of such section, for any
    transaction related to the national emergency for the Coronavirus
    Disease 2019 (COVID-19) may be delegated to such officials in the
    Department of Defense as the Secretary of Defense shall specify for
    purposes of this section.

        (b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of
    title 10, United States Code, no advance notice to Congress is required
    under that clause for transitions described in that section that are
    related to the national emergency for the Coronavirus Disease 2019
    (COVID-19).
        (2) <<NOTE: Notification.>>  In the event a transaction covered by
    paragraph (1) is carried out, the Under Secretary of Defense for
    Research and Engineering or the Under Secretary of Defense for
    Acquisition and Sustainment, as applicable, shall submit to the
    congressional defense committees a notice on the carrying out of such
    transaction as soon as is practicable after the commencement of the
    carrying out of such transaction.

        (3) <<NOTE: Definition.>>  In this subsection, the term
    ``congressional defense committees'' has the meaning given such term in
    section 101(a)(16) of title 10, United States Code.

        Sec. 13007. (a) <<NOTE: President. Appointments. Termination
    dates. 10 USC 111 note.>>  The President may extend the appointment of
    the Chief of Army Reserve as prescribed in section 7038(c) of title 10,
    United States Code, for the incumbent in that position as of the date of
    the enactment of this Act until the date of

    [[Page 134 STAT. 523]]

    the appointment of the successor to such incumbent, notwithstanding any
    limitation otherwise imposed on such term by such section 7038(c).

        (b) The President may extend the appointment of the Chief of Navy
    Reserve as prescribed in section 8083(c) of title 10, United States
    Code, for the incumbent in that position as of the date of the enactment
    of this Act until the date of the appointment of the successor to such
    incumbent, notwithstanding any limitation otherwise imposed on such term
    by such section 8083(c).
        (c) The President may extend the appointment of the Chief of Staff
    of the Air Force prescribed in section 9033(a)(1) of title 10, United
    States Code, for the incumbent in that position as of the date of the
    enactment of this Act until the date of the appointment of the successor
    to such incumbent, notwithstanding any limitation otherwise imposed on
    such term by such section 9033(a)(1).
        (d) The President may extend the appointment of the Chief of Space
    Operations, as prescribed in section 9082(a)(2) of title 10, United
    States Code, for the incumbent in that position as of the date of the
    enactment of this Act until the date of the appointment of the successor
    to such incumbent, notwithstanding any limitation otherwise imposed on
    such term by such section 9082(a)(2).
        (e) The President may extend the appointment of the Chief of the
    National Guard Bureau as prescribed in section 10502(b) of title 10,
    United States Code, for the incumbent in that position as of the date of
    the enactment of this Act until the date of the appointment of the
    successor to such incumbent, notwithstanding any limitation otherwise
    imposed on such term by such section 10502(b).
        (f) The President may extend the appointment of Director, Army
    National Guard and Director, Air National Guard as prescribed in section
    10506(a)(3)(D) of title 10, United States Code, for the incumbent in
    such position as of the date of the enactment of this Act until the date
    of the appointment of the successor to such incumbent, notwithstanding
    any limitation otherwise imposed on such term by such section
    10506(a)(3)(D).
        (g) <<NOTE: Waiver authority. Time period.>>  Notwithstanding
    paragraph (4) of section 10505(a) of title 10, United States Code, the
    Secretary of Defense may waive the limitations in paragraphs (2) and (3)
    of that section for a period of not more than 270 days.

        (h)(1) The President may delegate the exercise of the authorities in
    subsections (a) through (f) to the Secretary of Defense.
        (2) The Secretary of Defense may not redelegate the exercise of any
    authority delegated to the Secretary pursuant to paragraph (1), and may
    not delegate the exercise of the authority in subsection (g).

    [[Page 134 STAT. 524]]

                                    TITLE IV

                            CORPS OF ENGINEERS--CIVIL

                             DEPARTMENT OF THE ARMY

                            operation and maintenance

        For an additional amount for ``Operation and Maintenance'',
    $50,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                    expenses

        For an additional amount for ``Expenses'', $20,000,000, to remain
    available until September 30, 2021, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                           DEPARTMENT OF THE INTERIOR

                              Bureau of Reclamation

                           water and related resources

                          (including transfer of funds)

        For an additional amount for ``Water and Related Resources'',
    $12,500,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That $500,000 of the funds provided under
    this heading in this Act shall be transferred to the ``Central Utah
    Project Completion Account'' to prevent, prepare for, and respond to
    coronavirus:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                            policy and administration

        For an additional amount for ``Policy and Administration'',
    $8,100,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    [[Page 134 STAT. 525]]

                              DEPARTMENT OF ENERGY

                                 ENERGY PROGRAMS

                                     Science

        For an additional amount for ``Science'', $99,500,000, to remain
    available until September 30, 2021, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally, for necessary expenses
    related to providing support and access to scientific user facilities in
    the Office of Science and National Nuclear Security Administration,
    including equipment, enabling technologies, and personnel associated
    with the operations of those scientific user facilities:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                           Departmental Administration

                          (including transfer of funds)

        For an additional amount for ``Departmental Administration'',
    $28,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including for necessary expenses related to supporting
    remote access for personnel:  Provided, That funds appropriated under
    this heading in this Act may be transferred to, and merged with, other
    appropriation accounts of the Department of Energy to prevent, prepare
    for, and respond to coronavirus, including for necessary expenses
    related to supporting remote access for personnel:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                              INDEPENDENT AGENCIES

                          Nuclear Regulatory Commission

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $3,300,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That, notwithstanding 42 U.S.C. 2214, such amount shall not be derived
    from fee revenue:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 14001.  Funds <<NOTE: Reimbursements.>>  appropriated in this
    title may be made available to restore amounts, either directly or
    through reimbursement, for obligations incurred to prevent, prepare for,
    and respond to coronavirus prior to the date of enactment of this Act.

    [[Page 134 STAT. 526]]

        Sec. 14002. (a) Section 404 of the Bipartisan Budget Act of 2015 (42
    U.S.C. 6239 note) is amended--
                (1) in subsection (e), by striking ``2020'' and inserting
            ``2022''; and
                (2) in subsection (g), by striking ``2020'' and inserting
            ``2022''.

        (b) Title III of division C of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) <<NOTE: 42 USC 6241
    note.>>  is amended in the matter under the heading ``Department of
    Energy--Energy Programs--Strategic Petroleum Reserve'' by striking the
    three provisos before the final period and inserting the following:

        `` Provided, That, as authorized by section 404 of the Bipartisan
    Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the
    Secretary of Energy shall draw down and sell not to exceed a total of
    $450,000,000 of crude oil from the Strategic Petroleum Reserve in fiscal
    year 2020, fiscal year 2021, or fiscal year 2022:  Provided further,
    That the proceeds from such drawdown and sale shall be deposited into
    the `Energy Security and Infrastructure Modernization Fund' during the
    fiscal year in which the sale occurs and shall be made available in such
    fiscal year, to remain available until expended, for necessary expenses
    to carry out the Life Extension II project for the Strategic Petroleum
    Reserve''.
        (c) The amount provided by this section is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.
        Sec. 14003.  Any discretionary appropriation for the Corps of
    Engineers derived from the Harbor Maintenance Trust Fund (not to exceed
    the total amount deposited in the Harbor Maintenance Trust Fund in the
    prior fiscal year) shall be subtracted from the estimate of
    discretionary budget authority and outlays for any estimate of an
    appropriations Act under the Congressional Budget and Impoundment
    Control Act of 1974 or the Balanced Budget and Emergency Deficit Control
    Act of 1985:  Provided, That <<NOTE: Effective date.>>  the
    modifications described in this section shall not take effect until the
    earlier of January 1, 2021 or the date of enactment of legislation
    authorizing the development of water resources and shall remain in
    effect thereafter.

        Sec. 14004.  Section 14321(a)(2)(B)(ii) of title 40, United States
    Code, is amended by inserting ``, except that a discretionary grant to
    respond to economic distress directly related to the impacts of the
    Coronavirus Disease 2019 (COVID-19) shall not be included in such
    aggregate amount'' before the period at the end.

                                     TITLE V

                           DEPARTMENT OF THE TREASURY

                            Internal Revenue Service

               administrative provision--internal revenue service

                          (including transfer of funds)

        Sec. 15001.  In addition to the amounts otherwise available to the
    Internal Revenue Service in fiscal year 2020, $250,000,000, to remain
    available until September 30, 2021, shall be available to prevent,
    prepare for, and respond to coronavirus, domestically

    [[Page 134 STAT. 527]]

    or internationally, including costs associated with the extended filing
    season and implementation of the Families First Coronavirus Response
    Act:  Provided, That such funds may be transferred by the Commissioner
    to the ``Taxpayer Services,'' ``Enforcement,'' or ``Operations Support''
    accounts of the Internal Revenue Service for an additional amount to be
    used solely to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided further,
    That <<NOTE: Notification.>>  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 <<NOTE: Deadline. Spending plan.>>  not later than 30 days
    after the date of enactment of this Act, the Commissioner shall submit
    to the Committees on Appropriations of the House of Representatives and
    the Senate a spending plan for such funds:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                                  THE JUDICIARY

                       Supreme Court of the United States

                              salaries and expenses

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

         Courts of Appeals, District Courts, and Other Judicial Services

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $6,000,000,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                defender services

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

                     administrative provision--the judiciary

                 video teleconferencing for criminal proceedings

        Sec. 15002.  (a) <<NOTE: 18 USC 3001 note prec.>>  Definition.--In
    this section, the term ``covered emergency period'' means the period
    beginning on the date on

    [[Page 134 STAT. 528]]

    which the President declared a national emergency under the National
    Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus
    Disease 2019 (COVID-19) and ending on the date that is 30 days after the
    date on which the national emergency declaration terminates.

        (b) Video Teleconferencing for Criminal Proceedings.--
                (1) In general.--Subject to paragraphs (3), (4), and (5), if
            the Judicial Conference of the United States finds that
            emergency conditions due to the national emergency declared by
            the President under the National Emergencies Act (50 U.S.C. 1601
            et seq.) with respect to the Coronavirus Disease 2019 (COVID-19)
            will materially affect the functioning of either the Federal
            courts generally or a particular district court of the United
            States, the chief judge of a district court covered by the
            finding (or, if the chief judge is unavailable, the most senior
            available active judge of the court or the chief judge or
            circuit justice of the circuit that includes the district
            court), upon application of the Attorney General or the designee
            of the Attorney General, or on motion of the judge or justice,
            may authorize the use of video teleconferencing, or telephone
            conferencing if video teleconferencing is not reasonably
            available, for the following events:
                        (A) Detention hearings under section 3142 of title
                    18, United States Code.
                        (B) Initial appearances under Rule 5 of the Federal
                    Rules of Criminal Procedure.
                        (C) Preliminary hearings under Rule 5.1 of the
                    Federal Rules of Criminal Procedure.
                        (D) Waivers of indictment under Rule 7(b) of the
                    Federal Rules of Criminal Procedure.
                        (E) Arraignments under Rule 10 of the Federal Rules
                    of Criminal Procedure.
                        (F) Probation and supervised release revocation
                    proceedings under Rule 32.1 of the Federal Rules of
                    Criminal Procedure.
                        (G) Pretrial release revocation proceedings under
                    section 3148 of title 18, United States Code.
                        (H) Appearances under Rule 40 of the Federal Rules
                    of Criminal Procedure.
                        (I) Misdemeanor pleas and sentencings as described
                    in Rule 43(b)(2) of the Federal Rules of Criminal
                    Procedure.
                        (J) Proceedings under chapter 403 of title 18,
                    United States Code (commonly known as the ``Federal
                    Juvenile Delinquency Act''), except for contested
                    transfer hearings and juvenile delinquency adjudication
                    or trial proceedings.
                (2) Felony pleas and sentencing.--
                        (A) In general.--Subject to paragraphs (3), (4), and
                    (5), if the Judicial Conference of the United States
                    finds that emergency conditions due to the national
                    emergency declared by the President under the National
                    Emergencies Act (50 U.S.C. 1601 et seq.) with respect to
                    the Coronavirus Disease 2019 (COVID-19) will materially
                    affect the functioning of either the Federal courts
                    generally or a particular district court of the United
                    States, the chief judge of a district court covered by
                    the finding (or, if the chief judge is unavailable, the
                    most senior available active judge of the court or the
                    chief judge or circuit justice of the circuit

    [[Page 134 STAT. 529]]

                    that includes the district court) specifically finds,
                    upon application of the Attorney General or the designee
                    of the Attorney General, or on motion of the judge or
                    justice, that felony pleas under Rule 11 of the Federal
                    Rules of Criminal Procedure and felony sentencings under
                    Rule 32 of the Federal Rules of Criminal Procedure
                    cannot be conducted in person without seriously
                    jeopardizing public health and safety, and the district
                    judge in a particular case finds for specific reasons
                    that the plea or sentencing in that case cannot be
                    further delayed without serious harm to the interests of
                    justice, the plea or sentencing in that case may be
                    conducted by video teleconference, or by telephone
                    conference if video teleconferencing is not reasonably
                    available.
                        (B) Applicability to juveniles.--The video
                    teleconferencing and telephone conferencing authority
                    described in subparagraph (A) shall apply with respect
                    to equivalent plea and sentencing, or disposition,
                    proceedings under chapter 403 of title 18, United States
                    Code (commonly known as the ``Federal Juvenile
                    Delinquency Act'').
                (3) <<NOTE: Time periods.>>  Review.--
                        (A) In general.--On the date that is 90 days after
                    the date on which an authorization for the use of video
                    teleconferencing or telephone conferencing under
                    paragraph (1) or (2) is issued, if the emergency
                    authority has not been terminated under paragraph (5),
                    the chief judge of the district court (or, if the chief
                    judge is unavailable, the most senior available active
                    judge of the court or the chief judge or circuit justice
                    of the circuit that includes the district court) to
                    which the authorization applies shall review the
                    authorization and determine whether to extend the
                    authorization.
                        (B) Additional review.--If an authorization is
                    extended under subparagraph (A), the chief judge of the
                    district court (or, if the chief judge is unavailable,
                    the most senior available active judge of the court or
                    the chief judge or circuit justice of the circuit that
                    includes the district court) to which the authorization
                    applies shall review the extension of authority not less
                    frequently than once every 90 days until the earlier
                    of--
                              (i) <<NOTE: Determination.>>  the date on
                          which the chief judge (or other judge or justice)
                          determines the authorization is no longer
                          warranted; or
                              (ii) the date on which the emergency authority
                          is terminated under paragraph (5).
                (4) Consent.--Video teleconferencing or telephone
            conferencing authorized under paragraph (1) or (2) may only take
            place with the consent of the defendant, or the juvenile, after
            consultation with counsel.
                (5) Termination of emergency authority.--The authority
            provided under paragraphs (1), (2), and (3), and any specific
            authorizations issued under those paragraphs, shall terminate on
            the earlier of--
                        (A) the last day of the covered emergency period; or
                        (B) the date on which the Judicial Conference of the
                    United States finds that emergency conditions due to the
                    national emergency declared by the President under the

    [[Page 134 STAT. 530]]

                    National Emergencies Act (50 U.S.C. 1601 et seq.) with
                    respect to the Coronavirus Disease 2019 (COVID-19) no
                    longer materially affect the functioning of either the
                    Federal courts generally or the district court in
                    question.
                (6) National emergencies generally.--The Judicial Conference
            of the United States and the Supreme Court of the United States
            shall consider rule amendments under chapter 131 of title 28,
            United States Code (commonly known as the ``Rules Enabling
            Act''), that address emergency measures that may be taken by the
            Federal courts when the President declares a national emergency
            under the National Emergencies Act (50 U.S.C. 1601 et seq.).
                (7) Rule of construction.--Nothing in this subsection shall
            obviate a defendant's right to counsel under the Sixth Amendment
            to the Constitution of the United States, any Federal statute,
            or the Federal Rules of Criminal Procedure.

        (c) The amount provided by this section is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                              DISTRICT OF COLUMBIA

                                  Federal Funds

        federal payment for emergency planning and security costs in the
                              district of columbia

        For an additional amount for ``Federal Payment for Emergency
    Planning and Security Costs in the District of Columbia'', $5,000,000,
    to remain available until expended, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                              INDEPENDENT AGENCIES

                         Election Assistance Commission

                            election security grants

        For an additional amount for ``Election Security Grants'',
    $400,000,000, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, for the 2020 Federal election cycle:
    Provided, That <<NOTE: State and local governments. Reports.>>  a State
    receiving a payment with funds provided under this heading in this Act
    shall provide to the Election Assistance Commission, within 20 days of
    each election in the 2020 Federal election cycle in that State, a report
    that includes a full accounting of the State's uses of the payment and
    an explanation of how such uses allowed the State to prevent, prepare
    for, and respond to coronavirus:  Provided further,
    That, <<NOTE: Reports.>>  within 3 days of its receipt of a report
    required in the preceding proviso, the Election Assistance Commission
    will transmit the report to the Committee on Appropriations and the
    Committee on House Administration of the House of Representatives and
    the Committee on Appropriations and the Committee on Rules and
    Administration of the Senate:

    [[Page 134 STAT. 531]]

     Provided further, That <<NOTE: Deadline. Payments.>>  not later than 30
    days after the date of enactment of this Act, the Election Assistance
    Commission shall make the payments to States under this heading:
    Provided further, That any portion of a payment made to a State with
    funds provided under this heading in this Act which is unobligated on
    December 31, 2020 shall be returned to the Treasury:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                        Federal Communications Commission

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'',
    $200,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, domestically or internationally,
    including to support efforts of health care providers to address
    coronavirus by providing telecommunications services, information
    services, and devices necessary to enable the provision of telehealth
    services during an emergency period, as defined in section 1135(g)(1) of
    the Social Security Act (42 U.S.C. 1320b-5(g)(1)):  Provided, That the
    Federal Communications Commission may rely on the rules of the
    Commission under part 54 of title 47, Code of Federal Regulations, in
    administering the amount provided under the heading in this Act if the
    Commission determines that such administration is in the public
    interest:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         General Services Administration

                            real property activities

                             federal buildings fund

                         (including transfers of funds)

        For an additional amount to be deposited in the ``Federal Buildings
    Fund'', $275,000,000, to remain available until expended, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That <<NOTE: Reimbursements.>>  the amount
    provided under this heading in this Act may be used to reimburse the
    Fund for obligations incurred for this purpose prior to the date of the
    enactment of this Act:  Provided further, That such amount may be
    transferred to, and merged with, accounts within the Federal Buildings
    Fund in amounts necessary to cover costs incurred to prevent, prepare
    for, and respond to coronavirus, domestically or internationally:
    Provided further, That <<NOTE: Notification. Time period.>>  the
    Administrator of General Services shall notify the Committees on
    Appropriations of the House of Representatives and the Senate quarterly
    on the obligations and expenditures of the funds provided by this Act by
    account of the Federal Buildings Fund:  Provided further, That funds
    made available to the Administrator in this or any previous Act shall
    not be subject to section 3307 of title 40, United States Code, for the
    acquisition of space necessary to prevent, prepare for, or respond to
    coronavirus, domestically or internationally:  Provided further, That no
    action taken

    [[Page 134 STAT. 532]]

    by the Administrator to acquire real property and interests in real
    property or to improve real property in response to coronavirus shall be
    deemed a Federal action or undertaking and subject to review under the
    National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et
    seq.), or the National Historic Preservation Act of 1966, as amended (54
    U.S.C. 300101 et seq.), respectively:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                               general activities

                          federal citizen services fund

                          (including transfer of funds)

        For an additional amount to be deposited in the ``Federal Citizen
    Services Fund'', $18,650,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                              working capital fund

        For an additional amount for ``Working Capital Fund'', $1,500,000,
    to remain available until expended, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

            administrative provision--general services administration

        Sec. 15003.
    Notwithstanding <<NOTE: Determination. Notification. Deadline. Contract.
    41 USC 3304 note.>>  41 U.S.C. 3304(a)(7)(B), the Administrator, when
    making a determination that use of noncompetitive procedures is
    necessary for public interest in accordance with 41 U.S.C. 3304(a)(7)(A)
    in response to a public health emergency declaration by the Secretary of
    Health and Human Services under section 319 of the Public Health Service
    Act (42 U.S.C. 247(d)), is required to notify Congress in writing of
    that determination not less than 3 days prior to the award of the
    contract.

                  National Archives and Records Administration

                               operating expenses

        For an additional amount for ``Operating Expenses'', $8,100,000, to
    remain available until September 30, 2021, to prevent, prepare for, and
    respond to coronavirus, domestically or internationally:  Provided, That
    the amount provided under this heading in this Act may be used to
    provide expenses of the Federal Records Center Program for preventing,
    preparing for, and responding to coronavirus, domestically or
    internationally:  Provided further, That

    [[Page 134 STAT. 533]]

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

                         Office of Personnel Management

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $12,100,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    technologies for digital case management, short-term methods to allow
    electronic submissions of retirement application packages in support of
    paper-based business operations, and increased telecommunications:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                   Pandemic Response Accountability Committee

        For an additional amount for ``Pandemic Response Accountability
    Committee'', $80,000,000, to remain available until expended, to promote
    transparency and support oversight of funds provided in this Act to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                          Small Business Administration

                         disaster loans program account

                         (including transfers of funds)

        For an additional amount for the ``Disaster Loans Program Account'',
    $562,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, domestically or internationally, for
    the cost of direct loans authorized by section 7(b) of the Small
    Business Act and for administrative expenses to carry out the disaster
    loan program authorized by section 7(b) of the Small Business Act:
    Provided, That the amounts provided under this heading in this Act may
    be transferred to, and merged with, ``Small Business Administration--
    Salaries and Expenses'' to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         GENERAL PROVISIONS--THIS TITLE

                   pandemic response accountability committee

        Sec. 15010.  (a) <<NOTE: Definitions. 5 USC app. 11 note.>>  In this
    section--
                (1) the term ``agency'' has the meaning given the term in
            section 551 of title 5, United States Code;

    [[Page 134 STAT. 534]]

                (2) the term ``appropriate congressional committees''
            means--
                        (A) the Committees on Appropriations of the Senate
                    and the House of Representatives;
                        (B) the Committee on Homeland Security and
                    Governmental Affairs of the Senate;
                        (C) the Committee on Oversight and Reform of the
                    House of Representatives; and
                        (D) any other relevant congressional committee of
                    jurisdiction;
                (3) the term ``Chairperson'' means the Chairperson of the
            Committee;
                (4) the term ``Council'' means the Council of the Inspectors
            General on Integrity and Efficiency established under section 11
            of the Inspector General Act of 1978 (5 U.S.C. App);
                (5) the term ``Committee'' means the Pandemic Response
            Accountability Committee established under subsection (b);
                (6) the term ``covered funds'' means any funds, including
            loans, that are made available in any form to any non-Federal
            entity, not including an individual, under--
                        (A) this Act;
                        (B) the Coronavirus Preparedness and Response
                    Supplemental Appropriations Act, 2020 (Public Law 116-
                    123);
                        (C) the Families First Coronavirus Response Act
                    (Public Law 116-127); or
                        (D) any other Act primarily making appropriations
                    for the Coronavirus response and related activities; and
                (7) the term ``Coronavirus response'' means the Federal
            Government's response to the nationwide public health emergency
            declared by the Secretary of Health and Human Services,
            retroactive to January 27, 2020, pursuant to section 319 of the
            Public Health Service Act (42 U.S.C. 247d), as a result of
            confirmed cases of the novel coronavirus (COVID-19) in the
            United States.

        (b) <<NOTE: Establishment.>> There is established within the Council
    the Pandemic Response Accountability Committee to promote transparency
    and conduct and support oversight of covered funds and the Coronavirus
    response to--
                (1) prevent and detect fraud, waste, abuse, and
            mismanagement; and
                (2) mitigate major risks that cut across program and agency
            boundaries.

        (c)(1) The Chairperson of the Committee shall be selected by the
    Chairperson of the Council from among Inspectors General described in
    subparagraphs (B), (C), and (D) of paragraph (2) with experience
    managing oversight of large organizations and expenditures.
        (2) The members of the Committee shall include--
                (A) the Chairperson;
                (B) the Inspectors General of the Departments of Defense,
            Education, Health and Human Services, Homeland Security,
            Justice, Labor, and the Treasury;
                (C) the Inspector General of the Small Business
            Administration;
                (D) the Treasury Inspector General for Tax Administration;
            and

    [[Page 134 STAT. 535]]

                (E) any other Inspector General, as designated by the
            Chairperson from any agency that expends or obligates covered
            funds or is involved in the Coronavirus response.

        (3)(A) There shall be an Executive Director and a Deputy Executive
    Director of the Committee.
        (B)(i)(I) <<NOTE: Deadlines. Appointments. Consultations.>>  Not
    later than 30 days after the date of enactment of this Act, the
    Executive Director of the Committee shall be appointed by the
    Chairperson of the Council, in consultation with the majority leader of
    the Senate, the Speaker of the House of Representatives, the minority
    leader of the Senate, and the minority leader of the House of
    Representatives.

        (II) Not later than 90 days after the date of enactment of this Act,
    the Deputy Executive Director of the Committee shall be appointed by the
    Chairperson of the Council, in consultation with the majority leader of
    the Senate, the Speaker of the House of Representatives, the minority
    leader of the Senate, the minority leader of the House of
    Representatives, and the Executive Director of the Committee.
        (ii) The Executive Director and the Deputy Executive Director of the
    Committee shall--
                (I) have demonstrated ability in accounting, auditing, and
            financial analysis;
                (II) have experience managing oversight of large
            organizations and expenditures; and
                (III) be full-time employees of the Committee.

        (C) The Executive Director of the Committee shall--
                (i) report directly to the Chairperson;
                (ii) appoint staff of the Committee, subject to the approval
            of the Chairperson, consistent with subsection (f);
                (iii) supervise and coordinate Committee functions and
            staff; and
                (iv) perform any other duties assigned to the Executive
            Director by the Committee.

        (4)(A) Members of the Committee may not receive additional
    compensation for services performed.
        (B) The Executive Director and Deputy Executive Director of the
    Committee shall be compensated at the rate of basic pay prescribed for
    level IV of the Executive Schedule under section 5315 of title 5, United
    States Code.
        (d)(1)(A) <<NOTE: Coordination.>>  The Committee shall conduct and
    coordinate oversight of covered funds and the Coronavirus response and
    support Inspectors General in the oversight of covered funds and the
    Coronavirus response in order to--
                (i) detect and prevent fraud, waste, abuse, and
            mismanagement; and
                (ii) identify major risks that cut across programs and
            agency boundaries.

        (B) <<NOTE: Reviews.>>  The functions of the Committee shall
    include--
                (i) <<NOTE: Strategic plan.>>  developing a strategic plan
            to ensure coordinated, efficient, and effective comprehensive
            oversight by the Committee and Inspectors General over all
            aspects of covered funds and the Coronavirus response;
                (ii) <<NOTE: Audits.>>  auditing or reviewing covered funds,
            including a comprehensive audit and review of charges made to
            Federal contracts pursuant to authorities provided in the
            Coronavirus Aid, Relief, and Economic Security Act, to determine
            whether wasteful spending, poor contract or grant management, or
            other

    [[Page 134 STAT. 536]]

            abuses are occurring and referring matters the Committee
            considers appropriate for investigation to the Inspector General
            for the agency that disbursed the covered funds, including
            conducting randomized audits to identify fraud;
                (iii) reviewing whether the reporting of contracts and
            grants using covered funds meets applicable standards and
            specifies the purpose of the contract or grant and measures of
            performance;
                (iv) reviewing the economy, efficiency, and effectiveness in
            the administration of, and the detection of fraud, waste, abuse,
            and mismanagement in, Coronavirus response programs and
            operations;
                (v) reviewing whether competition requirements applicable to
            contracts and grants using covered funds have been satisfied;
                (vi) serving as a liaison to the Director of the Office of
            Management and Budget, the Secretary of the Treasury, and other
            officials responsible for implementing the Coronavirus response;
                (vii) reviewing whether there are sufficient qualified
            acquisition, grant, and other applicable personnel overseeing
            covered funds and the Coronavirus response;
                (viii) reviewing whether personnel whose duties involve the
            Coronavirus response or acquisitions or grants made with covered
            funds or are otherwise related to the Coronavirus response
            receive adequate training, technology support, and other
            resources;
                (ix) reviewing whether there are appropriate mechanisms for
            interagency collaboration relating to the oversight of covered
            funds and the Coronavirus response, including coordinating and
            collaborating to the extent practicable with State and local
            government entities;
                (x) <<NOTE: Reports.>>  expeditiously reporting to the
            Attorney General any instance in which the Committee has
            reasonable grounds to believe there has been a violation of
            Federal criminal law; and
                (xi) <<NOTE: Coordination.>>  coordinating and supporting
            Inspectors General on matters related to oversight of covered
            funds and the Coronavirus response.

        (2)(A)(i) <<NOTE: Reports.>>  The Committee shall submit to the
    President and Congress, including the appropriate congressional
    committees, management alerts on potential management, risk, and funding
    problems that require immediate attention.

        (ii) The Committee shall submit to Congress such other reports or
    provide such periodic updates on the work of the Committee as the
    Committee considers appropriate on the use of covered funds and the
    Coronavirus response.
        (B) The Committee shall submit biannual reports to the President and
    Congress, including the appropriate congressional committees, and may
    submit additional reports as appropriate--
                (i) summarizing the findings of the Committee; and
                (ii) identifying and quantifying the impact of any tax
            expenditures or credits authorized under this Act to the extent
            practicable.

        (C)(i) <<NOTE: Public information. Web posting.>>  All reports
    submitted under this paragraph shall be made publicly available and
    posted on the website established under subsection (g).

    [[Page 134 STAT. 537]]

        (ii) Any portion of a report submitted under this paragraph may be
    redacted when made publicly available, if that portion would disclose
    information that is not subject to disclosure under sections 552 and
    552a of title 5, United States Code, or is otherwise prohibited from
    disclosure by law.
        (3)(A) <<NOTE: Recommenda- tions.>>  The Committee shall make
    recommendations to agencies on measures to prevent or address fraud,
    waste, abuse and mismanagement, and to mitigate risks that cut across
    programs and agency boundaries, relating to covered funds and the
    Coronavirus response.

        (B) <<NOTE: Reports.>>  Not later than 30 days after receipt of a
    recommendation under subparagraph (A), an agency shall submit a report
    to the President and the appropriate congressional committees on--
                (i) whether the agency agrees or disagrees with the
            recommendations; and
                (ii) any actions the agency will take to implement the
            recommendations, which shall also be included in the report
            required under section 2(b) of the GAO-IG Act (31 U.S.C. 1105
            note).

        (e)(1) <<NOTE: Audits. Reviews. Coordination.>>  The Committee shall
    conduct audits and reviews of programs, operations, and expenditures
    relating to covered funds and the Coronavirus response and coordinate on
    such activities with the Inspector General of the relevant agency to
    avoid unnecessary duplication and overlap of work.

        (2) The Committee may--
                (A) conduct its own independent investigations, audits, and
            reviews relating to covered funds or the Coronavirus response;
                (B) collaborate on audits and reviews relating to covered
            funds with any Inspector General of an agency; and
                (C) provide support to relevant agency Inspectors General in
            conducting investigations, audits, and reviews relating to the
            covered funds and Coronavirus response.

        (3)(A) In conducting and supporting investigations, audits, and
    reviews under this subsection, the Committee--
                (i) shall have the authorities provided under section 6 of
            the Inspector General Act of 1978 (5 U.S.C. App.);
                (ii) may issue subpoenas to compel the testimony of persons
            who are not Federal officers or employees; and
                (iii) may enforce such subpoenas in the event of a refusal
            to obey by order of any appropriate United States district court
            as provided for under section 6 of the Inspector General Act of
            1978 (5 U.S.C. App).

        (B) The Committee shall carry out the powers under paragraphs (1)
    and (2) in accordance with section 4(b)(1) of the Inspector General Act
    of 1978 (5 U.S.C. App.).
        (C) <<NOTE: Reports.>>  Whenever information or assistance requested
    by the Committee or an Inspector General is unreasonably refused or not
    provided, the Committee shall immediately report the circumstances to
    the appropriate congressional committees.

        (D) The Committee shall leverage existing information technology
    resources within the Council, such as oversight.gov, to carry out the
    duties of the Committee.
        (4)(A) The Committee may hold public hearings and Committee
    personnel may conduct necessary inquiries.
        (B) The head of each agency shall make all officers and employees of
    that agency available to provide testimony to the Committee and
    Committee personnel.

    [[Page 134 STAT. 538]]

        (C) The Committee may issue subpoenas to compel the testimony of
    persons who are not Federal officers or employees at such public
    hearings, which may be enforced in the same manner as provided for
    subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C.
    App.).
        (5) <<NOTE: Contracts.>>  The Committee may enter into contracts to
    enable the Committee to discharge its duties, including contracts and
    other arrangements for audits, studies, analyses, and other services
    with public agencies and with private persons, and make such payments as
    may be necessary to carry out the duties of the Committee.

        (6) The Committee may establish subcommittees to facilitate the
    ability of the Committee to discharge its duties.
        (7) The Committee may transfer funds appropriated to the Committee
    for expenses to support administrative support services and audits,
    reviews, or other activities related to oversight by the Committee of
    covered funds or the Coronavirus response to any Office of the Inspector
    General or the General Services Administration.
        (f)(1)(A)(i) Subject to subparagraph (B), the Committee may exercise
    the authorities of subsections (b) through (i) of section 3161 of title
    5, United States Code (without regard to subsection (a) of that section)
    to carry out the functions of the Committee under this section.
        (ii) For purposes of exercising the authorities described under
    clause (i), the term ``Chairperson'' shall be substituted for the term
    ``head of a temporary organization''.
        (iii) <<NOTE: Consultation.>>  In exercising the authorities
    described in clause (i), the Chairperson shall consult with members of
    the Committee.

        (iv) In addition to the authority provided by section 3161(c) of
    title 5, United States Code, upon the request of an Inspector General,
    the Committee may detail, on a nonreimbursable basis, any personnel of
    the Council to that Inspector General to assist in carrying out any
    audit, review, or investigation pertaining to the oversight of covered
    funds or the Coronavirus response.
        (B) In exercising the employment authorities under section 3161(b)
    of title 5, United States Code, as provided under subparagraph (A) of
    this paragraph--
                (i) section 3161(b)(2) of that title (relating to periods of
            appointments) shall not apply; and
                (ii) no period of appointment may exceed the date on which
            the Committee terminates.

        (C)(i) A person employed by the Committee shall acquire competitive
    status for appointment to any position in the competitive service for
    which the employee possesses the required qualifications upon the
    completion of 2 years of continuous service as an employee under this
    subsection.
        (ii) No person who is first employed as described in clause (i) more
    than 2 years after the date of enactment of this Act may acquire
    competitive status under clause (i).
        (2)(A) The Committee may employ annuitants covered by section
    9902(g) of title 5, United States Code, for purposes of the oversight of
    covered funds or the Coronavirus response.
        (B) The employment of annuitants under this paragraph shall be
    subject to the provisions of section 9902(g) of title 5, United States
    Code, as if the Committee was the Department of Defense.
        (3) Upon request of the Committee for information or assistance from
    any agency or other entity of the Federal Government, the

    [[Page 134 STAT. 539]]

    head of such entity shall, insofar as is practicable and not in
    contravention of any existing law, and consistent with section 6 of the
    Inspector General Act of 1978 (5 U.S.C. App.), furnish such information
    or assistance to the Committee, or an authorized designee, including an
    Inspector General designated by the Chairperson.
        (4) Any Inspector General responsible for conducting oversight
    related to covered funds or the Coronavirus response may, consistent
    with the duties, responsibilities, policies, and procedures of the
    Inspector General, provide information requested by the Committee or an
    Inspector General on the Committee relating to the responsibilities of
    the Committee.
        (g)(1)(A) <<NOTE: Deadline. Website.>>  Not later than 30 days after
    the date of enactment of this Act, the Committee shall establish and
    maintain a user-friendly, public-facing website to foster greater
    accountability and transparency in the use of covered funds and the
    Coronavirus response, which shall have a uniform resource locator that
    is descriptive and memorable.

        (B) The Committee shall leverage existing information technology and
    resources, such as oversight.gov, to the greatest extent practicable to
    meet the requirements under this section.
        (2) The website established and maintained under paragraph (1) shall
    be a portal or gateway to key information relating to the oversight of
    covered funds and the Coronavirus response and provide connections to
    other Government websites with related information.
        (3) In establishing and maintaining the website under paragraph (1),
    the Committee shall ensure the following:
                (A) The website shall provide materials and information
            explaining the Coronavirus response and how covered funds are
            being used. The materials shall be easy to understand and
            regularly updated.
                (i) The website shall provide accountability information,
            including findings from Inspectors General, including any
            progress reports, audits, inspections, or other reports,
            including reports from or links to reports on the website of the
            Government Accountability Office.
                (ii) <<NOTE: Data.>>  The website shall provide data on
            relevant operational, economic, financial, grant, subgrant,
            contract, and subcontract information in user-friendly visual
            presentations to enhance public awareness of the use of covered
            funds and the Coronavirus response.
                (iii) <<NOTE: Data.>>  The website shall provide detailed
            data on any Federal Government awards that expend covered funds,
            including a unique trackable identification number for each
            project, information about the process that was used to award
            the covered funds, and for any covered funds over $150,000, a
            detailed explanation of any associated agreement, where
            applicable.
                (iv) The website shall include downloadable, machine-
            readable, open format reports on covered funds obligated by
            month to each State and congressional district, where
            applicable.
                (v) The website shall provide a means for the public to give
            feedback on the performance of any covered funds and of the
            Coronavirus response, including confidential feedback.
                (vi) The website shall include detailed information on
            Federal Government awards that expend covered funds, including

    [[Page 134 STAT. 540]]

            data elements required under the Federal Funding Accountability
            and Transparency Act of 2006 (31 U.S.C. 6101 note), allowing
            aggregate reporting on awards below $50,000, as prescribed by
            the Director of the Office of Management and Budget.
                (vii) The website shall provide a link to estimates of the
            jobs sustained or created by this Act to the extent practicable.
                (viii) The website shall include appropriate links to other
            government websites with information concerning covered funds
            and the Coronavirus response, including Federal agency and State
            websites.
                (ix) <<NOTE: Plan.>>  The website shall include a plan from
            each Federal agency for using covered funds.
                (x) The website shall provide information on Federal
            allocations of mandatory and other entitlement programs by
            State, county, or other geographical unit related to covered
            funds or the Coronavirus response.
                (xi) The website shall present the data such that funds
            subawarded by recipients are not double counted in search
            results, data visualizations, or other reports.
                (xii) <<NOTE: Recommenda- tions.>>  The website shall
            include all recommendations made to agencies relating to covered
            funds and the Coronavirus response, as well as the status of
            each recommendation.
                (xiii) The website shall be enhanced and updated as
            necessary to carry out the purposes of this section.

        (4) The Committee may exclude posting contractual or other
    information on the website on a case-by-case basis when necessary to
    protect national security or to protect information that is not subject
    to disclosure under sections 552 and 552a of title 5, United States
    Code.
        (h)(1) Nothing in this section shall affect the independent
    authority of an Inspector General to determine whether to conduct an
    audit or investigation of covered funds or the Coronavirus response.
        (2) <<NOTE: Reports.>>  If the Committee requests that an Inspector
    General of an agency conduct or refrain from conducting an audit or
    investigation and the Inspector General rejects the request in whole or
    in part, the Inspector General shall, not later than 30 days after
    rejecting the request, submit a report to the Committee, the head of the
    applicable agency, and the appropriate congressional committees, that
    states the reasons that the Inspector General has rejected the request
    in whole or in part.

        (i) <<NOTE: Coordination.>>  The Committee shall coordinate its
    oversight activities with the Comptroller General of the United States
    and State auditors.

        (j) For the purposes of carrying out the mission of the Committee
    under this section, there are authorized to be appropriated such sums as
    may be necessary to carry out the duties and functions of the Committee.
        (k) <<NOTE: Termination date.>>  The Committee shall terminate on
    September 30, 2025.

                            reporting on use of funds

        Sec. 15011.  (a) <<NOTE: 31 USC 6101 note. Definitions.>>  In this
    section--
                (1) the terms ``agency'', ``appropriate congressional
            committees'', ``Committee'', ``covered funds'', and
            ``Coronavirus response'' have the meanings given those terms in
            section 15010;
                (2) the term ``covered recipient''--

    [[Page 134 STAT. 541]]

                        (A) means any entity that receives large covered
                    funds; and
                        (B) includes any State, the District of Columbia,
                    and any territory or possession of the United States;
                    and
                (3) the term ``large covered funds'' means covered funds
            that amount to more than $150,000.

        (b)(1)(A) On a monthly basis until September 30, 2021, each agency
    shall report to the Director of the Office of Management and Budget, the
    Bureau of Fiscal Service in the Department of the Treasury, the
    Committee, and the appropriate congressional committees on any
    obligation or expenditure of large covered funds, including loans and
    awards.
        (B) <<NOTE: Deadline. Plan.>>  Not later than 90 days after the date
    of enactment of this Act, each agency shall submit to the Committee a
    plan describing how the agency will use covered funds.

        (2) Not later than 10 days after the end of each calendar quarter,
    each covered recipient shall submit to the agency and the Committee a
    report that contains--
                (A) the total amount of large covered funds received from
            the agency;
                (B) the amount of large covered funds received that were
            expended or obligated for each project or activity;
                (C) <<NOTE: List.>>  a detailed list of all projects or
            activities for which large covered funds were expended or
            obligated, including--
                        (i) the name of the project or activity;
                        (ii) a description of the project or activity; and
                        (iii) the estimated number of jobs created or
                    retained by the project or activity, where applicable;
                    and
                (D) <<NOTE: Contracts. Grants.>>  detailed information on
            any level of subcontracts or subgrants awarded by the covered
            recipient or its subcontractors or subgrantees, to include the
            data elements required to comply with the Federal Funding
            Accountability and Transparency Act of 2006 (31 U.S.C. 6101
            note) allowing aggregate reporting on awards below $50,000 or to
            individuals, as prescribed by the Director of the Office of
            Management and Budget.

        (3) <<NOTE: Consultation. Public information. Web posting.>>  Not
    later than 30 days after the end of each calendar quarter, the
    Committee, in consultation with the agency that made large covered funds
    available to any covered recipient shall make the information in reports
    submitted under paragraph (2) publicly available by posting the
    information on the website established under section 15010(g).

        (4)(A) <<NOTE: Coordination.>>  Each agency, in coordination with
    the Committee and the Director of the Office of Management and Budget
    shall provide user-friendly means for covered recipients to meet
    requirements of this subsection.

        (B) Federal agencies may use existing mechanisms to ensure that
    information under this subsection is reported accurately.
        (c)(1) <<NOTE: Consultation. Web posting.>>  The Director of the
    Office of Management and Budget, in consultation with the Secretary of
    the Treasury, the Administrator of the Small Business Administration,
    and the Chairperson of the Council of Economic Advisors, shall submit to
    the appropriate congressional committees and publicly release on the
    website established under section 15010(g) quarterly reports that detail
    the impact of programs funded through large covered funds on employment,
    estimated economic growth, and other key economic indicators, including
    information about impacted industries.

    [[Page 134 STAT. 542]]

        (2)(A) The first report submitted under paragraph (1) shall be
    submitted not later than 45 days after the end of the first full quarter
    following the date of enactment of this Act.
        (B) The last report required to be submitted under paragraph (1)
    shall apply to the quarter in which the Committee terminates.

                                    TITLE VI

                         DEPARTMENT OF HOMELAND SECURITY

                             Management Directorate

                             operations and support

        For an additional amount for ``Operations and Support'',
    $178,300,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for the purchase of personal protective
    equipment and sanitization materials:  Provided, That funds provided
    under this heading in this Act may be transferred by the Secretary of
    Homeland Security between appropriations in the Department only for the
    purchase of personal protective equipment and sanitization materials to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided further, That none of the funds made
    available under this heading may be transferred pursuant to the
    authority in section 503 of the Department of Homeland Security
    Appropriations Act, 2020:  Provided further,
    That <<NOTE: Notification. Deadline.>>  the Department shall provide
    notice of any transfer to the Committees on Appropriations of the Senate
    and the House of Representatives not later than 5 days after executing
    such transfer:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                     Transportation Security Administration

                             operations and support

        For an additional amount for ``Operations and Support'',
    $100,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for cleaning and sanitization at
    checkpoints and other airport common areas; overtime and travel costs;
    and explosive detection materials:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                            United States Coast Guard

                             operations and support

        For an additional amount for ``Operations and Support'',
    $140,800,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for mobilization of reservists and
    increasing the capability and capacity of Coast Guard information

    [[Page 134 STAT. 543]]

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

                Cybersecurity and Infrastructure Security Agency

                             operations and support

        For an additional amount for ``Operations and Support'', $9,100,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, which shall
    be for support of interagency critical infrastructure coordination and
    related activities:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                       Federal Emergency Management Agency

                             operations and support

        For an additional amount for ``Operations and Support'',
    $44,987,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for enhancements to information
    technology and for facilities support:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                              disaster relief fund

        For an additional amount for ``Disaster Relief Fund'',
    $45,000,000,000, to remain available until expended:  Provided, That of
    the amount provided under this heading in this Act, $25,000,000,000
    shall be for major disasters declared pursuant to the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
    Provided further, That of the amount provided under this heading in this
    Act, $15,000,000,000 may be used for all purposes authorized under such
    Act and may be used in addition to amounts designated by the Congress as
    being for disaster relief pursuant to section 251(b)(2)(D) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, That <<NOTE: Time periods. Costs.>>  every 30 days the
    Administrator shall provide the Committees on Appropriations of the
    Senate and the House of Representatives both projected and actual costs
    for funds provided under this heading for major disasters and any other
    expenses:  Provided further, That of the amounts provided under this
    heading, $3,000,000 shall be transferred to ``Office of Inspector
    General'' and shall remain available until expended for oversight of
    activities supported by funds provided under this heading:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 544]]

                               federal assistance

        For an additional amount for ``Federal Assistance'', $400,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That of the amount provided under this heading in this Act, $100,000,000
    shall be for Assistance to Firefighter Grants for the purchase of
    personal protective equipment and related supplies, including
    reimbursements; $100,000,000 shall be for Emergency Management
    Performance Grants; and $200,000,000 shall be for the Emergency Food and
    Shelter Program:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 16001.  Notwithstanding any other provision of law, funds made
    available under each heading in this title, except for ``Federal
    Emergency Management Agency--Disaster Relief Fund'', shall only be used
    for the purposes specifically described under that heading.
        Sec. 16002.  Notwithstanding any other provision of law, any amounts
    appropriated for ``Federal Emergency Management Agency--Disaster Relief
    Fund'' in this Act are available only for the purposes for which they
    were appropriated.
        Sec. 16003. (a) <<NOTE: 5 USC 5547 note.>>  Premium Pay Authority.--
    If services performed during fiscal year 2020 are determined by the head
    of the agency to be primarily related to preparation, prevention, or
    response to coronavirus, any premium pay that is funded, either directly
    or through reimbursement, by the Federal Emergency Management Agency
    shall be exempted from the aggregate of basic pay and premium pay
    calculated under section 5547(a) of title 5, United States Code, and any
    other provision of law limiting the aggregate amount of premium pay
    payable on a biweekly or calendar year basis.

        (b) Overtime Authority.--Any overtime that is funded for such
    services described in subsection (a), either directly or through
    reimbursement, by the Federal Emergency Management Agency shall be
    exempted from any annual limit on the amount of overtime payable in a
    calendar or fiscal year.
        (c) Applicability of Aggregate Limitation on Pay.--In determining
    whether an employee's pay exceeds the applicable annual rate of basic
    pay payable under section 5307 of title 5, United States Code, the head
    of an Executive agency shall not include pay exempted under this
    section.
        (d) Limitation of Pay Authority.--Pay exempted from otherwise
    applicable limits under subsection (a) shall not cause the aggregate pay
    earned for the calendar year in which the exempted pay is earned to
    exceed the rate of basic pay payable for a position at level II of the
    Executive Schedule under section 5313 of title 5, United States Code.
        (e) Effective Date.--This section shall take effect as if enacted on
    January 1, 2020.
        Sec. 16004. (a) Amounts provided for ``Coast Guard--Operations and
    Support'' in the Consolidated Appropriations Act, 2020 (Public Law 116-
    93) may be available for pay and benefits of

    [[Page 134 STAT. 545]]

    Coast Guard Yard and Vessel Documentation personnel, Non-Appropriated
    Funds personnel, and for Morale, Welfare and Recreation Programs.
        (b) No amounts may be used under this section from amounts that were
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to the Concurrent Resolution on the Budget or
    the Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 16005. (a) <<NOTE: 6 USC 320 note.>>  Notwithstanding any other
    provision of law regarding the licensure of health-care providers, a
    health-care professional described in subsection (b) may practice the
    health profession or professions of the health-care professional at any
    location in any State, the District of Columbia, or Commonwealth,
    territory, or possession of the United States, or any location
    designated by the Secretary, regardless of where such health-care
    professional or the patient is located, so long as the practice is
    within the scope of the authorized Federal duties of such health-care
    professional.

        (b) Definition.--As used in this section, the term ``health-care
    professional'' means an individual (other than a member of the Coast
    Guard, a civilian employee of the Coast Guard, member of the Public
    Health Service who is assigned to the Coast Guard, or an individual with
    whom the Secretary, pursuant to 10 U.S.C. 1091, has entered into a
    personal services contract to carry out health care responsibilities of
    the Secretary at a medical treatment facility of the Coast Guard) who--
                (1) is--
                        (A) an employee of the Department of Homeland
                    Security,
                        (B) a detailee to the Department from another
                    Federal agency,
                        (C) a personal services contractor of the
                    Department, or
                        (D) hired under a Contract for Services;
                (2) performs health care services as part of duties of the
            individual in that capacity;
                (3) has a current, valid, and unrestricted equivalent
            license certification that is--
                        (A) issued by a State, the District of Columbia, or
                    a Commonwealth, territory, or possession of the United
                    States; and
                        (B) for the practice of medicine, osteopathic
                    medicine, dentistry, nursing, emergency medical
                    services, or another health profession; and
                (4) is not affirmatively excluded from practice in the
            licensing or certifying jurisdiction or in any other
            jurisdiction.

        (c) Subsection (a) shall apply during the incident period of the
    emergency declared by the President on March 13, 2020, pursuant to
    section 501(b) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121(b)), and to any subsequent major
    declaration under section 401 of such Act that supersedes such emergency
    declaration.
        Sec. 16006.  The <<NOTE: Extension date. 49 USC 30301 note.>>
    Secretary of Homeland Security, under the authority granted under
    section 205(b) of the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C.
    30301 note) shall extend the deadline by which States are required to
    meet the driver license

    [[Page 134 STAT. 546]]

    and identification card issuance requirements under section 202(a)(1) of
    such Act until not earlier than September 30, 2021.

        Sec. 16007.  Section 5 of the Protecting and Securing Chemical
    Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 6
    U.S.C. 621 note) is amended by striking ``the date that is 5 years and 3
    months after the effective date of this Act'' and inserting ``July 23,
    2020'':  Provided, That the amount provided by this section is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                    TITLE VII

                           DEPARTMENT OF THE INTERIOR

                                 Indian Affairs

                            Bureau of Indian Affairs

                          operation of indian programs

                         (including transfers of funds)

        For an additional amount for ``Operation of Indian Programs'',
    $453,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including, but not limited to, funds for public safety
    and justice programs, executive direction to carry out deep cleaning of
    facilities, purchase of personal protective equipment, purchase of
    information technology to improve teleworking capability, welfare
    assistance and social services programs (including assistance to
    individuals), and assistance to tribal governments, including tribal
    governments who participate in the ``Small and Needy'' program:
    Provided, That amounts received from funds provided under this heading
    in this Act for welfare assistance programs shall not be included in the
    statutory maximum for welfare assistance funds included in Public Law
    116-94, the Further Consolidated Appropriations Act, 2020:  Provided
    further, That assistance received from funds provided under this heading
    in this Act shall not be included in the calculation of funds received
    by those tribal governments who participate in the ``Small and Needy''
    program:  Provided further, That of the amounts provided under this
    heading in this Act, not less than $400,000,000 shall be made available
    to meet the direct needs of tribes:  Provided further, That amounts
    provided under this heading in this Act may be made available for
    distribution through tribal priority allocations for tribal response and
    capacity building activities:  Provided further, That funds provided
    under this heading in this Act, if transferred to tribes and tribal
    organizations under the Indian Self-Determination and Education
    Assistance Act, will be transferred on a one-time basis and that these
    non-recurring funds are not part of the amount required by 25 U.S.C.
    Sec.  5325:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    [[Page 134 STAT. 547]]

                           bureau of indian education

                     operation of indian education programs

        For an additional amount for ``Operation of Indian Education
    Programs'', $69,000,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including, but not limited to, funding for tribal
    colleges and universities, salaries, transportation, and information
    technology:  Provided, That of the amounts provided in this paragraph,
    not less than $20,000,000 shall be for tribal colleges and universities:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                              Departmental Offices

                             Office of the Secretary

                             departmental operations

                         (including transfers of funds)

        For an additional amount for ``Departmental Operations'',
    $158,400,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including, but not limited to, funds for purchasing
    equipment and supplies to disinfect and clean buildings and public
    areas, supporting law enforcement and emergency management operations,
    biosurveillance of wildlife and environmental persistence studies,
    employee overtime and special pay expenses, and other response,
    mitigation, or recovery activities:  Provided, That funds appropriated
    under this heading in this Act shall be used to absorb increased
    operational costs necessary to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided further, That
    the Secretary of the Interior may transfer the funds provided under this
    heading in this Act to any other account in the Department to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, and may expend such funds directly or through
    cooperative agreements:  Provided further, That <<NOTE: Reports.>>  the
    Secretary shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds by account, beginning not
    later than 90 days after enactment of this Act:  Provided further, That
    as soon as practicable after the date of enactment of this Act, the
    Secretary shall transfer $1,000,000 to the Office of the Inspector
    General, ``Salaries and Expenses'' account for oversight activities
    related to the implementation of programs, activities or projects funded
    herein:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    [[Page 134 STAT. 548]]

                                 Insular Affairs

                            assistance to territories

        For an additional amount for ``Assistance to Territories'',
    $55,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, for general technical assistance:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         ENVIRONMENTAL PROTECTION AGENCY

                             Science and Technology

        For an additional amount for ``Science and Technology'', $2,250,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That of the amount provided under this heading in this Act, $750,000
    shall be for necessary expenses for cleaning and disinfecting equipment
    or facilities of, or for use by, the Environmental Protection Agency,
    and $1,500,000 shall be for research on methods to reduce the risks from
    environmental transmission of coronavirus via contaminated surfaces or
    materials:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                      Environmental Programs and Management

        For an additional amount for ``Environmental Programs and
    Management'', $3,910,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That of the amount provided under this
    heading in this Act, $2,410,000 shall be for necessary expenses for
    cleaning and disinfecting equipment or facilities of, or for use by, the
    Environmental Protection Agency, and operational continuity of
    Environmental Protection Agency programs and related activities, and
    $1,500,000 shall be for expediting registration and other actions
    related to pesticides to address coronavirus:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                            Buildings and Facilities

        For an additional amount for ``Buildings and Facilities'', $300,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That the funds provided under this heading in this Act shall be for
    necessary expenses for cleaning and disinfecting equipment or facilities
    of, or for use by, the Environmental Protection Agency:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant

    [[Page 134 STAT. 549]]

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

                          Hazardous Substance Superfund

        For an additional amount for ``Hazardous Substance Superfund'',
    $770,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That the funds provided under this heading
    in this Act shall be for necessary expenses for cleaning and
    disinfecting equipment or facilities of, or for use by, the
    Environmental Protection Agency:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                RELATED AGENCIES

                            DEPARTMENT OF AGRICULTURE

                                 Forest Service

                          forest and rangeland research

        For an additional amount for ``Forest and Rangeland Research'',
    $3,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including for the reestablishment of abandoned or
    failed experiments associated with employee restrictions due to the
    coronavirus outbreak:  Provided, That amounts provided under this
    heading in this Act shall be allocated at the discretion of the Chief of
    the Forest Service:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                             national forest system

        For an additional amount for ``National Forest System'',
    $34,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including for cleaning and disinfecting of public
    recreation amenities and for personal protective equipment and baseline
    health testing for first responders:  Provided, That amounts provided
    under this heading in this Act shall be allocated at the discretion of
    the Chief of the Forest Service:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                       capital improvement and maintenance

        For an additional amount for ``Capital Improvement and
    Maintenance'', $26,800,000, to remain available until September 30,
    2021, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally, including for janitorial services:  Provided, That
    amounts provided under this heading in this Act shall be

    [[Page 134 STAT. 550]]

    allocated at the discretion of the Chief of the Forest Service:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                            wildland fire management

        For an additional amount for ``Wildland Fire Management'',
    $7,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including for personal protective equipment and
    baseline health testing for first responders:  Provided, That amounts
    provided under this heading in this Act shall be allocated at the
    discretion of the Chief of the Forest Service:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                              Indian Health Service

                             indian health services

                         (including transfers of funds)

        For an additional amount for ``Indian Health Services'',
    $1,032,000,000, to remain available until September 30, 2021, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including for public health support, electronic health
    record modernization, telehealth and other information technology
    upgrades, Purchased/Referred Care, Catastrophic Health Emergency Fund,
    Urban Indian Organizations, Tribal Epidemiology Centers, Community
    Health Representatives, and other activities to protect the safety of
    patients and staff:  Provided, That of the amount provided under this
    heading in this Act, up to $65,000,000 is for electronic health record
    stabilization and support, including for planning and tribal
    consultation:  Provided further, That of amounts provided under this
    heading in this Act, not less than $450,000,000 shall be distributed
    through IHS directly operated programs and to tribes and tribal
    organizations under the Indian Self-Determination and Education
    Assistance Act and through contracts or grants with urban Indian
    organizations under title V of the Indian Health Care Improvement Act:
    Provided further, That any amounts provided in this paragraph not
    allocated pursuant to the preceding proviso shall be allocated at the
    discretion of the Director of the Indian Health Service:  Provided
    further, That of the funds provided herein, up to $125,000,000 may be
    transferred to and merged with the ``Indian Health Service, Indian
    Health Facilities'' appropriation at the discretion of the Director for
    the purposes specified in this Act:  Provided further, That amounts
    provided under this heading in this Act, if transferred to tribes and
    tribal organizations under the Indian Self-Determination and Education
    Assistance Act, will be transferred on a one-time basis and that these
    non-recurring funds are not part of the amount required by 25 U.S.C.
    Sec.  5325, and that such amounts may only be used for the purposes
    identified under this heading

    [[Page 134 STAT. 551]]

    notwithstanding any other provision of law:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                Agency for Toxic Substances and Disease Registry

                toxic substances and environmental public health

        For an additional amount for ``Toxic Substances and Environmental
    Public Health'', $12,500,000, to remain available until September 30,
    2021, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally:  Provided, That $7,500,000 of the funds provided
    under this heading in this Act shall be for necessary expenses of the
    Geospatial Research, Analysis and Services Program to support spatial
    analysis and Geographic Information System mapping of infectious disease
    hot spots, including cruise ships:  Provided further, That $5,000,000 of
    the funds provided under this heading in this Act shall be for necessary
    expenses for awards to Pediatric Environmental Health Specialty Units
    and state health departments to provide guidance and outreach on safe
    practices for disinfection for home, school, and daycare facilities:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                             OTHER RELATED AGENCIES

        Institute of American Indian and Alaska Native Culture and Arts
                                   Development

                            payment to the institute

        For an additional amount for ``Payment to the Institute'', $78,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                             Smithsonian Institution

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $7,500,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    funding for deep cleaning, security, information technology, and staff
    overtime:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 552]]

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

        For an additional amount for ``Operations and Maintenance'',
    $25,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including funding for deep cleaning and information
    technology to improve telework capability and for operations and
    maintenance requirements related to the consequences of coronavirus:
    Provided, That notwithstanding the provisions of 20 U.S.C. 76h et seq.,
    funds provided under this heading in this Act shall be made available to
    cover operating expenses required to ensure the continuity of the John
    F. Kennedy Center for the Performing Arts and its affiliates, including
    for employee compensation and benefits, grants, contracts, payments for
    rent or utilities, fees for artists or performers, information
    technology, and other administrative expenses:  Provided further,
    That <<NOTE: Reports.>>  no later than October 31, 2020, the Board of
    Trustees of the Center shall submit a report to the Committees on
    Appropriations of the House of Representatives and Senate that includes
    a detailed explanation of the distribution of the funds provided herein:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                 National Foundation on the Arts and Humanities

                         National Endowment for the Arts

                            grants and administration

        For an additional amount for ``Grants and Administration'',
    $75,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, to be distributed in grants:  Provided, That such funds
    are available under the same terms and conditions as grant funding
    appropriated to this heading in Public Law 116-94:  Provided further,
    That 40 percent of such funds shall be distributed to State arts
    agencies and regional arts organizations and 60 percent of such funds
    shall be for direct grants:  Provided further, That notwithstanding any
    other provision of law, such funds may also be used by the recipients of
    such grants for purposes of the general operations of such recipients:
    Provided further, That <<NOTE: Waiver authority.>>  the matching
    requirements under subsections (e), (g)(4)(A), and (p)(3) of section 5
    of the National Foundation on the Arts and Humanities Act of 1965 (20
    U.S.C. 954) may be waived with respect to such grants:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 553]]

                      National Endowment for the Humanities

                            grants and administration

        For an additional amount for ``Grants and Administration'',
    $75,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, to be distributed in grants:  Provided, That such funds
    are available under the same terms and conditions as grant funding
    appropriated to this heading in Public Law 116-94:  Provided further,
    That 40 percent of such funds shall be distributed to state humanities
    councils and 60 percent of such funds shall be for direct grants:
    Provided further, That notwithstanding any other provision of law, such
    funds may also be used by the recipients of such grants for purposes of
    the general operations of such recipients:  Provided
    further, <<NOTE: Waiver authority.>> That the matching requirements
    under subsection (h)(2)(A) of section 7 of the National Foundation on
    the Arts and Humanities Act of 1965 may be waived with respect to such
    grants:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                   TITLE VIII

                               DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

        For an additional amount for ``Training and Employment Services'',
    $345,000,000, to remain available through September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, for necessary expenses for the dislocated workers
    assistance national reserve:  Provided, That the funds provided under
    this heading in this Act may be used to replace grant funds previously
    obligated to the impacted areas:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                             Departmental Management

                              salaries and expenses

                          (including transfer of funds)

        For an additional amount for ``Departmental Management'',
    $15,000,000, to remain available through September 30, 2022, to prevent,
    prepare for, and respond to coronavirus, including to enforce worker
    protection laws and regulations, and to oversee and coordinate
    activities related to division C, division D, division E, and division F
    of Public Law 116-127:  Provided, That the Secretary of Labor may
    transfer the amounts provided under this heading in this Act as
    necessary to ``Employee Benefits Security Administration'', ``Wage and
    Hour Division'', ``Occupational Safety and Health Administration'', and
    ``Employment and Training

    [[Page 134 STAT. 554]]

    Administration--Program Administration'' to prevent, prepare for, and
    respond to coronavirus, including for enforcement, oversight, and
    coordination activities in those accounts:  Provided further, That of
    the amount provided under this heading in this Act, $1,000,000, to
    remain available until expended, shall be transferred to ``Office of
    Inspector General'' for oversight of activities related to Public Law
    116-127 and for oversight activities supported with funds appropriated
    to the Department of Labor to prevent, prepare for, and respond to
    coronavirus:  Provided further, That <<NOTE: Time period. Operating
    plan.>>  15 days prior to transferring any funds pursuant to the
    previous provisos under the heading in this Act, the Secretary shall
    provide to the Committees on Appropriations of the House of
    Representatives and the Senate an operating plan describing the planned
    uses of each amount proposed to be transferred:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                   Centers for Disease Control and Prevention

                     cdc-wide activities and program support

                          (including transfer of funds)

        For an additional amount for ``CDC-Wide Activities and Program
    Support'', $4,300,000,000, to remain available until September 30, 2024,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That not less than $1,500,000,000 of the
    amount provided under this heading in this Act shall be for grants to or
    cooperative agreements with States, localities, territories, tribes,
    tribal organizations, urban Indian health organizations, or health
    service providers to tribes, including to carry out surveillance,
    epidemiology, laboratory capacity, infection control, mitigation,
    communications, and other preparedness and response activities:
    Provided further, That every grantee that received a Public Health
    Emergency Preparedness grant for fiscal year 2019 shall receive not less
    than 100 percent of that grant level from funds provided in the first
    proviso under this heading in this Act:  Provided further, That of the
    amount in the first proviso, not less than $125,000,000 shall be
    allocated to tribes, tribal organizations, urban Indian health
    organizations, or health service providers to tribes:  Provided further,
    That the Director of the Centers for Disease Control and Prevention
    (``CDC'') may satisfy the funding thresholds outlined in the preceding
    two provisos by making awards through other grant or cooperative
    agreement mechanisms:  Provided further, That of the amount provided
    under this heading in this Act, not less than $500,000,000 shall be for
    global disease detection and emergency response:  Provided further, That
    of the amount provided under this heading in this Act, not less than
    $500,000,000 shall be for public health data surveillance and analytics
    infrastructure modernization: <<NOTE: Reports.>>   Provided further,
    That CDC shall report to the Committees on Appropriations of the House
    of Representatives and the Senate on the development of a public health
    surveillance and data collection system for coronavirus within 30 days
    of enactment of this Act:  Provided further, That of the amount provided
    under this heading in this Act, $300,000,000

    [[Page 134 STAT. 555]]

    shall be transferred to and merged with amounts in the Infectious
    Diseases Rapid Response Reserve Fund (``Reserve Fund''), established by
    section 231 of division B of Public Law 115-245:  Provided further,
    That <<NOTE: Consultation. Reports. Time period. 42 USC 247d-4a note.>>
    the Secretary of Health and Human Services, in consultation with the
    Director of the CDC, shall provide a report to the Committees on
    Appropriations of the House of Representatives and the Senate every 14
    days, for one year from the date from any such declaration or
    determination described in the third proviso of section 231 of division
    B of Public Law 115-245, that details commitment and obligation
    information for the Reserve Fund during the prior two weeks, as long as
    such report would detail obligations in excess of $5,000,000, and upon
    the request by such Committees:  Provided further,
    That <<NOTE: Grants.>>  funds appropriated under this heading in this
    Act may be used for grants for the rent, lease, purchase, acquisition,
    construction, alteration, or renovation of non-federally owned
    facilities to improve preparedness and response capability at the State
    and local level:  Provided further, That funds provided under this
    heading in this Act may be used for purchase and insurance of official
    motor vehicles in foreign countries:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                          National Institutes of Health

                    national heart, lung, and blood institute

        For an additional amount for ``National Heart, Lung, and Blood
    Institute'', $103,400,000, to remain available until September 30, 2024,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

              national institute of allergy and infectious diseases

        For an additional amount for ``National Institute of Allergy and
    Infectious Diseases'', $706,000,000, to remain available until September
    30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That not less than
    $156,000,000 of the amounts provided under this heading in this Act
    shall be provided for the study of, construction of, demolition of,
    renovation of, and acquisition of equipment for, vaccine and infectious
    diseases research facilities of or used by NIH, including the
    acquisition of real property:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

           national institute of biomedical imaging and bioengineering

        For an additional amount for ``National Institute of Biomedical
    Imaging and Bioengineering'', $60,000,000, to remain available until
    September 30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That such amount is
    designated by the Congress as being for an emergency

    [[Page 134 STAT. 556]]

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

                          national library of medicine

        For an additional amount for ``National Library of Medicine'',
    $10,000,000, to remain available until September 30, 2024, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

              national center for advancing translational sciences

        For an additional amount for ``National Center for Advancing
    Translational Sciences'', $36,000,000, to remain available until
    September 30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                             office of the director

        For an additional amount for ``Office of the Director'',
    $30,000,000, to remain available until September 30, 2024, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That these funds shall be available for the
    Common Fund established under section 402A(c)(1) of the PHS Act:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Substance Abuse and Mental Health Services Administration

                     health surveillance and program support

        For an additional amount for ``Heath Surveillance and Program
    Support'', $425,000,000, to remain available through September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That of the amount appropriated under this
    heading in this Act, not less than $250,000,000 is available for
    Certified Community Behavioral Health Clinic Expansion Grant program:
    Provided further, That of the amount appropriated under this heading in
    this Act, not less than $50,000,000 shall be available for suicide
    prevention programs:  Provided further, That of the amount appropriated
    under this heading in this Act, not less than $100,000,000 is available
    for activities authorized under section 501(o) of the Public Health
    Service Act:  Provided further, That of the funding made available under
    this heading in this Act, not less than $15,000,000 shall be allocated
    to tribes, tribal organizations, urban Indian health organizations, or
    health or behavioral health service providers to tribes:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 557]]

                    Centers for Medicare & Medicaid Services

                               program management

        For an additional amount for ``Program Management'', $200,000,000,
    to remain available through September 30, 2023, to prevent, prepare for,
    and respond to coronavirus, domestically and internationally:  Provided,
    That of the amount appropriated under this heading in this Act, not less
    than $100,000,000 shall be available for necessary expenses of the
    survey and certification program, prioritizing nursing home facilities
    in localities with community transmission of coronavirus:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                    Administration for Children and Families

                        low income home energy assistance

        For an additional amount for ``Low Income Home Energy Assistance'',
    $900,000,000, to remain available through September 30, 2021, to
    prevent, prepare for, or respond to coronavirus, domestically or
    internationally, for making payments under subsection (b) of section
    2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
    8621 et seq.):  Provided, That of the amount provided under this heading
    in this Act, $225,000,000 shall be allocated as though the total
    appropriation for such payments for fiscal year 2020 was less than
    $1,975,000,000:  Provided further, That section 2607(b)(2)(B) of such
    Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds made available
    under this heading in this Act in fiscal year 2020:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

        payments to states for the child care and development block grant

        For an additional amount for ``Payments to States for the Child Care
    and Development Block Grant'', $3,500,000,000, to remain available
    through September 30, 2021, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including for federal
    administrative expenses, which shall be used to supplement, not supplant
    State, Territory, and Tribal general revenue funds for child care
    assistance for low-income families within the United States (including
    territories) without regard to requirements in sections 658E(c)(3)(D)-
    (E) or 658G of the Child Care and Development Block Grant Act:
    Provided, That funds provided under this heading in this Act may be used
    to provide continued payments and assistance to child care providers in
    the case of decreased enrollment or closures related to coronavirus, and
    to assure they are able to remain open or reopen as appropriate and
    applicable:  Provided further, That States, Territories, and Tribes are
    encouraged to place conditions on payments to child care providers that
    ensure that child care providers use a portion of funds received to
    continue to pay the salaries and wages of staff:  Provided further, That
    the Secretary shall remind States

    [[Page 134 STAT. 558]]

    that CCDBG State plans do not need to be amended prior to utilizing
    existing authorities in the CCDBG Act for the purposes provided herein:
    Provided further, That States, Territories, and Tribes are authorized to
    use funds appropriated under this heading in this Act to provide child
    care assistance to health care sector employees, emergency responders,
    sanitation workers, and other workers deemed essential during the
    response to coronavirus by public officials, without regard to the
    income eligibility requirements of section 658P(4) of such Act:
    Provided further, That funds appropriated under this heading in this Act
    shall be available to eligible child care providers under section
    658P(6) of the CCDBG Act, even if such providers were not receiving
    CCDBG assistance prior to the public health emergency as a result of the
    coronavirus, for the purposes of cleaning and sanitation, and other
    activities necessary to maintain or resume the operation of programs:
    Provided further, That <<NOTE: Time periods.>>  payments made under this
    heading in this Act may be obligated in this fiscal year or the
    succeeding two fiscal years:  Provided further, That funds appropriated
    under this heading in this Act may be made available to restore amounts,
    either directly or through reimbursement, for obligations incurred to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, prior to the date of enactment of this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                     children and families services programs

        For an additional amount for ``Children and Families Services
    Programs'', $1,874,000,000, to remain available through September 30,
    2021, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally, which shall be used as follows: (1) $1,000,000,000
    for carrying out activities under sections 674 through 679 of the
    Community Services Block Grant Act, including for federal administrative
    expenses, and of which no part shall be subject to section 674(b)(3) of
    such Act:  Provided, That to the extent Community Services Block Grant
    funds are distributed as grant funds by a State to an eligible entity as
    provided under such Act, and have not been expended by such entity, they
    shall remain with such entity for carryover into the next two fiscal
    years for expenditure by such entity consistent with program purpose:
    Provided further, That for services furnished under such Act during
    fiscal years 2020 and 2021, States may apply the last sentence of
    section 673(2) of such Act by substituting ``200 percent'' for ``125
    percent''; (2) $750,000,000 for making payments under the Head Start
    Act, including for Federal administrative expenses, and allocated in an
    amount that bears the same ratio to such portion as the number of
    enrolled children served by the agency involved bears to the number of
    enrolled children by all Head Start agencies:  Provided further, That
    none of the funds appropriated in this paragraph shall be included in
    the calculation of the ``base grant'' in subsequent fiscal years, as
    such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or
    645(d)(3) of the Head Start Act:  Provided further, That funds
    appropriated in this paragraph are not subject to the allocation
    requirements of section 640(a) of the Head Start Act:  Provided further,
    That up to

    [[Page 134 STAT. 559]]

    $500,000,000 shall be available for the purpose of operating
    supplemental summer programs through non-competitive grant supplements
    to existing grantees determined to be most ready to operate those
    programs by the Office of Head Start; (3) $2,000,000 for the National
    Domestic Violence Hotline as authorized by section 303(b) of the Family
    Violence Prevention and Services Act:  Provided further, That the
    Secretary may make such funds available for providing hotline services
    remotely; (4) $45,000,000 for Family Violence Prevention and Services
    formula grants as authorized by section 303(a) of the Family Violence
    and Prevention and Services Act with such funds available to grantees
    without regard to matching requirements under section 306(c)(4) of such
    Act:  Provided further, That the Secretary may make such funds available
    for providing temporary housing and assistance to victims of family,
    domestic, and dating violence; (5) $25,000,000 for carrying out
    activities under the Runaway and Homeless Youth Act:  Provided further,
    That such amounts shall be used to supplement, not supplant, existing
    funds and shall be available without regard to matching requirements;
    (6) $45,000,000 shall be used for child welfare services as authorized
    by subpart 1 of part B of title IV of the Social Security Act (other
    than sections 426, 427, and 429 of such subpart), with such funds
    available to grantees without regard to matching requirements under
    section 424(a) of that Act or any applicable reductions in federal
    financial participation under section 424(f) of that Act; and (7)
    $7,000,000 for Federal administrative expenses:  Provided further, That
    funds appropriated under this heading in this Act may be made available
    to restore amounts, either directly or through reimbursement, for
    obligations incurred to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, prior to the date of
    enactment of this Act:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                       Administration for Community Living

                     aging and disability services programs

        For an additional amount for ``Aging and Disability Services
    Programs'', $955,000,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That of the amount made available under this
    heading in this Act to prevent, prepare for, and respond to coronavirus,
    $820,000,000 shall be for activities authorized under the Older
    Americans Act of 1965 (``OAA''), including $200,000,000 for supportive
    services under part B of title III; $480,000,000 for nutrition services
    under subparts 1 and 2 of part C of title III; $20,000,000 for nutrition
    services under title VI; $100,000,000 for support services for family
    caregivers under part E of title III; and $20,000,000 for elder rights
    protection activities, including the long-term ombudsman program under
    title VII of such Act:  Provided further, That of the amount made
    available under this heading in this Act, $50,000,000 shall be for aging
    and disability resource centers authorized in sections 202(b) and 411 of
    the OAA to prevent, prepare for, and respond to coronavirus:  Provided
    further, That of the amount made available under this

    [[Page 134 STAT. 560]]

    heading in this Act to prevent, prepare for, and respond to coronavirus,
    $85,000,000 shall be available for centers for independent living that
    have received grants funded under part C of chapter I of title VII of
    the Rehabilitation Act of 1973:  Provided further, That to facilitate
    State use of funds provided under this heading in this Act, matching
    requirements under sections 304(d)(1)(D) and 373(g)(2) of the OAA shall
    not apply to funds made available under this heading in this Act:
    Provided further, That <<NOTE: Applicability.>> the transfer authority
    under section 308(b)(4)(A) of the OAA shall apply to funds made
    available under this heading in this Act by substituting ``100 percent''
    for ``40 percent'':  Provided further, That <<NOTE: Time period.>> the
    State Long-Term Care Ombudsman shall have continuing direct access (or
    other access through the use of technology) to residents of long-term
    care facilities during any portion of the public health emergency
    relating to coronavirus beginning on the date of enactment of this Act
    and ending on September 30, 2020, to provide services described in
    section 712(a)(3)(B) of the OAA:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                             Office of the Secretary

                public health and social services emergency fund

                          (including transfer of funds)

        For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $27,014,500,000, to remain available until September
    30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, including the development of necessary
    countermeasures and vaccines, prioritizing platform-based technologies
    with U.S.-based manufacturing capabilities, the purchase of vaccines,
    therapeutics, diagnostics, necessary medical supplies, as well as
    medical surge capacity, addressing blood supply chain, workforce
    modernization, telehealth access and infrastructure, initial advanced
    manufacturing, novel dispensing, enhancements to the U.S. Commissioned
    Corps, and other preparedness and response activities:  Provided, That
    funds appropriated under this paragraph in this Act may be used to
    develop and demonstrate innovations and enhancements to manufacturing
    platforms to support such capabilities:  Provided
    further, <<NOTE: Vaccines. Determination.>>  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

    [[Page 134 STAT. 561]]

    delay the development of such products:  Provided further, That products
    purchased with funds appropriated under this paragraph in this Act may,
    at the discretion of the Secretary of Health and Human Services, be
    deposited in the Strategic National Stockpile under section 319F-2 of
    the Public Health Service Act:  Provided further, That of the amount
    appropriated under this paragraph in this Act, not more than
    $16,000,000,000 shall be for the Strategic National Stockpile under
    section 319F-2(a) of such Act:  Provided further, That funds
    appropriated under this paragraph in this Act may be transferred to, and
    merged with, the fund authorized by section 319F-4, the Covered
    Countermeasure Process Fund, of the Public Health Service Act:  Provided
    further, That of the amount appropriated under this paragraph in this
    Act, not less than $250,000,000 shall be available for grants to or
    cooperative agreements with entities that are either grantees or sub-
    grantees of the Hospital Preparedness Program authorized in section
    319C-2 of the Public Health Service Act or that meet such other criteria
    as the Secretary may prescribe, with such awards issued under such
    section or section 311 of such Act:  Provided further, That of the
    amount provided under this paragraph in this Act, not less than
    $3,500,000,000 shall be available to the Biomedical Advanced Research
    and Development Authority for necessary expenses of manufacturing,
    production, and purchase, at the discretion of the Secretary, of
    vaccines, therapeutics, diagnostics, and small molecule active
    pharmaceutical ingredients, including the development, translation, and
    demonstration at scale of innovations in manufacturing platforms:
    Provided further, That funds in the previous proviso may be used for the
    construction or renovation of U.S.-based next generation manufacturing
    facilities, other than facilities owned by the United States
    Government: <<NOTE: Reimbursements.>>   Provided further, That of the
    amount appropriated under this paragraph in this Act, funds may be used
    to reimburse the Department of Veterans Affairs for expenses incurred by
    the Veterans Health Administration to prevent, prepare for, and respond
    to coronavirus, and to provide medical care for such purposes to
    individuals not otherwise eligible for care:  Provided further,
    That <<NOTE: Reimbursements. Certification.>>  funds used for the
    preceding proviso shall be made available to reimburse the Department of
    Veterans Affairs only if the Secretary of Health and Human Services
    certifies to the Committees on Appropriations of the House of
    Representatives and the Senate that funds available for assignments
    under Public Law 93-288, as amended, are insufficient and such funds are
    necessary to reimburse the Department of Veterans Affairs for expenses
    incurred to provide health care to civilians:  Provided further,
    That <<NOTE: Notification. Deadline.>>  the Secretary shall notify the
    Committees on Appropriations of the House of Representatives and the
    Senate not less than 3 days prior to such certification:  Provided
    further, <<NOTE: Determination.>>  That of the amounts appropriated
    under this paragraph in this Act, not more than $289,000,000 may be
    transferred as necessary to other federal agencies for necessary
    expenses related to medical care that are incurred to prevent, prepare
    for, and respond to coronavirus for persons eligible for treatment
    pursuant to section 322 of the Public Health Service Act, as amended, as
    determined by the Secretary of the recipient agency:  Provided further,
    That <<NOTE: Deadline. Contracts.>>  of the amount appropriated under
    this paragraph in this Act, $1,500,000 shall be available for the
    Secretary to enter into an agreement with the National Academies of
    Sciences, Engineering, and Medicine not later than 60 days after the
    date of enactment of this Act

    [[Page 134 STAT. 562]]

    to examine, and, in a manner that does not compromise national security,
    report on, the security of the United States medical product supply
    chain:  Provided further, That funds appropriated under this paragraph
    in this Act may be used for grants for the construction, alteration, or
    renovation of non-federally owned facilities to improve preparedness and
    response capability at the State and local level:  Provided
    further, <<NOTE: Vaccines. Determination. Contracts.>> That funds
    appropriated under this paragraph in this Act may be used for the
    construction, alteration, or renovation of non-federally owned
    facilities for the production of vaccines, therapeutics, and diagnostics
    where the Secretary determines that such a contract is necessary to
    secure sufficient amounts of such supplies:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

        For an additional amount for the ``Public Health and Social Services
    Emergency Fund'', $275,000,000, to remain available until September 30,
    2022, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally:  Provided, That $90,000,000 of the funds
    appropriated under this paragraph shall be transferred to ``Health
    Resources and Services Administration--Ryan White HIV/AIDS Program'' to
    remain available until September 30, 2022 for modifications to existing
    contracts, and supplements to existing grants and cooperative agreements
    under parts A, B, C, D, and section 2692(a) of title XXVI of the Public
    Health Service Act (referred to as ``PHS'' Act) to respond to
    coronavirus, domestically or internationally:  Provided
    further, <<NOTE: Data. Determination.>>  That supplements made in the
    preceding proviso shall be awarded using a data-driven methodology
    determined by the Secretary:  Provided further, That sections 2604(c),
    2612(b), and 2651(c) of the PHS Act shall not apply to funds under this
    paragraph:  Provided further, That $5,000,000 of the funds appropriated
    under this paragraph shall be transferred to ``Health Resources and
    Services Administration--Health Care Systems'' to remain available until
    September 30, 2022, for activities under sections 1271 and 1273 of the
    PHS Act to improve the capacity of poison control centers to respond to
    increased calls:  Provided further, That $180,000,000 of the funds
    appropriated under this paragraph shall be transferred to ``Health
    Resources and Services Administration--Rural Health'' to remain
    available until September 30, 2022, to carry out telehealth and rural
    health activities under sections 330A and 330I of the PHS Act and
    sections 711 and 1820 of the Social Security Act to prevent, prepare
    for, and respond to coronavirus, domestically or internationally:
    Provided further, That of the funding in the previous proviso, no less
    than $15,000,000 shall be allocated to tribes, tribal organizations,
    urban Indian health organizations, or health service providers to
    tribes:  Provided further, That section 1820(g)(3)(A), section
    1820(g)(3)(D) and section 1820(g)(3)(E) of such Act shall not apply to
    funds in the preceding two provisos:  Provided further, That funds
    appropriated under this heading in this Act may be made available to
    restore amounts, either directly or through reimbursement, for
    obligations incurred to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, prior to the date of
    enactment of this Act:  Provided further, That for the purposes of any
    funding provided for fiscal year 2020 for the Health Centers Program
    pursuant to section 330 of the PHS Act (42 U.S.C. 254b), maintaining or
    increasing health center capacity and staffing levels

    [[Page 134 STAT. 563]]

    during a public health emergency related to coronavirus shall be deemed
    a cost of prevention, diagnosis, and treatment of coronavirus:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

        For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $100,000,000,000, to remain available until expended,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally, for necessary expenses to reimburse, through grants or
    other mechanisms, eligible health care providers for health care related
    expenses or lost revenues that are attributable to coronavirus:
    Provided, That these funds may not be used to reimburse expenses or
    losses that have been reimbursed from other sources or that other
    sources are obligated to reimburse:  Provided further,
    That <<NOTE: Reports. Records. Determination.>>  recipients of payments
    under this paragraph shall submit reports and maintain documentation as
    the Secretary determines are needed to ensure compliance with conditions
    that are imposed by this paragraph for such payments, and such reports
    and documentation shall be in such form, with such content, and in such
    time as the Secretary may prescribe for such purpose:  Provided further,
    That <<NOTE: Definition.>>  ``eligible health care providers'' means
    public entities, Medicare or Medicaid enrolled suppliers and providers,
    and such for-profit entities and not-for-profit entities not otherwise
    described in this proviso as the Secretary may specify, within the
    United States (including territories), that provide diagnoses, testing,
    or care for individuals with possible or actual cases of COVID-19:
    Provided further, That <<NOTE: Review. Payments.>>  the Secretary of
    Health and Human Services shall, on a rolling basis, review applications
    and make payments under this paragraph in this Act:  Provided further,
    That funds appropriated under this paragraph in this Act shall be
    available for building or construction of temporary structures, leasing
    of properties, medical supplies and equipment including personal
    protective equipment and testing supplies, increased workforce and
    trainings, emergency operation centers, retrofitting facilities, and
    surge capacity:  Provided further,
    That, <<NOTE: Definition. Determination.>>  in this paragraph, the term
    ``payment'' means a pre-payment, prospective payment, or retrospective
    payment, as determined appropriate by the Secretary:  Provided further,
    That <<NOTE: Payments.>>  payments under this paragraph shall be made in
    consideration of the most efficient payment systems practicable to
    provide emergency payment:  Provided further, That to be eligible for a
    payment under this paragraph, an eligible health care provider shall
    submit to the Secretary of Health and Human Services an application that
    includes a statement justifying the need of the provider for the payment
    and the eligible health care provider shall have a valid tax
    identification number: <<NOTE: Reports.>>   Provided further, That, not
    later than 3 years after final payments are made under this paragraph,
    the Office of Inspector General of the Department of Health and Human
    Services shall transmit a final report on audit findings with respect to
    this program to the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That nothing in this
    section limits the authority of the Inspector General or the Comptroller
    General to conduct audits of interim payments at an earlier
    date: <<NOTE: Reports.>>   Provided further, That not later than 60 days
    after the date of enactment of this Act, the Secretary of Health and
    Human Services shall provide a report

    [[Page 134 STAT. 564]]

    to the Committees on Appropriations of the House of Representatives and
    the Senate on obligation of funds, including obligations to such
    eligible health care providers summarized by State of the payment
    receipt:  Provided further, That <<NOTE: Reports.>>  such reports shall
    be updated and submitted to such Committees every 60 days until funds
    are expended:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                             DEPARTMENT OF EDUCATION

                          education stabilization fund

        For an additional amount for ``Education Stabilization Fund'',
    $30,750,000,000, to remain available through September 30, 2021, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                               General Provisions

                          education stabilization fund

        Sec. 18001. (a) <<NOTE: 20 USC 3401 note. Consultation.>>
    Allocations.--From the amount made available under this heading in this
    Act to carry out the Education Stabilization Fund, the Secretary shall
    first allocate--
                (1) <<NOTE: Determination.>>  not more than 1/2 of 1 percent
            to the outlying areas on the basis of their respective needs, as
            determined by the Secretary, in consultation with the Secretary
            of the Interior;
                (2) one-half of 1 percent for the Secretary of Interior, in
            consultation with the Secretary of Education, for programs
            operated or funded by the Bureau of Indian Education; and
                (3) <<NOTE: Notice. Deadlines.>>  1 percent for grants to
            States with the highest coronavirus burden to support activities
            under this heading in this Act, for which the Secretary shall
            issue a notice inviting applications not later than 30 days of
            enactment of this Act and approve or deny applications not later
            than 30 days after receipt.

        (b) Reservations.--After carrying out subsection (a), the Secretary
    shall reserve the remaining funds made available as follows:
                (1) 9.8 percent to carry out section 18002 of this title.
                (2) 43.9 percent to carry out section 18003 of this title.
                (3) 46.3 percent to carry out section 18004 of this title.

                   governor's emergency education relief fund

        Sec. 18002. (a) <<NOTE: 20 USC 3401 note.>>  Grants.--From funds
    reserved under section 18001(b)(1) of this title, the Secretary shall
    make Emergency Education Relief grants to the Governor of each State
    with an approved application. <<NOTE: Notice. Deadlines.>>  The
    Secretary shall issue a notice inviting applications not later than 30
    days of enactment of this Act and shall approve or deny applications not
    later than 30 days after receipt.

        (b) Allocations.--The amount of each grant under subsection (a)
    shall be allocated by the Secretary to each State as follows:

    [[Page 134 STAT. 565]]

                (1) 60 percent on the basis of their relative population of
            individuals aged 5 through 24.
                (2) 40 percent on the basis of their relative number of
            children counted under section 1124(c) of the Elementary and
            Secondary Education Act of 1965 (referred to under this heading
            as ``ESEA'').

        (c) Uses of Funds.--Grant funds awarded under subsection (b) may be
    used to--
                (1) provide emergency support through grants to local
            educational agencies that the State educational agency deems
            have been most significantly impacted by coronavirus to support
            the ability of such local educational agencies to continue to
            provide educational services to their students and to support
            the on-going functionality of the local educational agency;
                (2) <<NOTE: Determination.>>  provide emergency support
            through grants to institutions of higher education serving
            students within the State that the Governor determines have been
            most significantly impacted by coronavirus to support the
            ability of such institutions to continue to provide educational
            services and support the on-going functionality of the
            institution; and
                (3) provide support to any other institution of higher
            education, local educational agency, or education related entity
            within the State that the Governor deems essential for carrying
            out emergency educational services to students for authorized
            activities described in section 18003(d)(1) of this title or the
            Higher Education Act, the provision of child care and early
            childhood education, social and emotional support, and the
            protection of education-related jobs.

        (d) <<NOTE: Deadline.>>  Reallocation.--Each Governor shall return
    to the Secretary any funds received under this section that the Governor
    does not award within one year of receiving such funds and the Secretary
    shall reallocate such funds to the remaining States in accordance with
    subsection (b).

              elementary and secondary school emergency relief fund

        Sec. 18003. (a) <<NOTE: 20 USC 3401 note.>>  Grants.--From funds
    reserved under section 18001(b)(2) of this title, the Secretary shall
    make elementary and secondary school emergency relief grants to each
    State educational agency with an approved
    application. <<NOTE: Notice. Deadlines.>>  The Secretary shall issue a
    notice inviting applications not later than 30 days of enactment of this
    Act and approve or deny applications not later than 30 days after
    receipt.

        (b) Allocations to States.--The amount of each grant under
    subsection (a) shall be allocated by the Secretary to each State in the
    same proportion as each State received under part A of title I of the
    ESEA of 1965 in the most recent fiscal year.
        (c) Subgrants to Local Educational Agencies.--Each State shall
    allocate not less than 90 percent of the grant funds awarded to the
    State under this section as subgrants to local educational agencies
    (including charter schools that are local educational agencies) in the
    State in proportion to the amount of funds such local educational
    agencies and charter schools that are local educational agencies
    received under part A of title I of the ESEA of 1965 in the most recent
    fiscal year.
        (d) Uses of Funds.--A local educational agency that receives funds
    under this title may use the funds for any of the following:

    [[Page 134 STAT. 566]]

                (1) Any activity authorized by the ESEA of 1965, including
            the Native Hawaiian Education Act and the Alaska Native
            Educational Equity, Support, and Assistance Act (20 U.S.C. 6301
            et seq.), the Individuals with Disabilities Education Act (20
            U.S.C. 1400 et seq.) (``IDEA''), the Adult Education and Family
            Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. Perkins
            Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
            seq.) (``the Perkins Act''), or subtitle B of title VII of the
            McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
            seq.).
                (2) <<NOTE: Coordination.>>  Coordination of preparedness
            and response efforts of local educational agencies with State,
            local, Tribal, and territorial public health departments, and
            other relevant agencies, to improve coordinated responses among
            such entities to prevent, prepare for, and respond to
            coronavirus.
                (3) Providing principals and others school leaders with the
            resources necessary to address the needs of their individual
            schools.
                (4) Activities to address the unique needs of low-income
            children or students, children with disabilities, English
            learners, racial and ethnic minorities, students experiencing
            homelessness, and foster care youth, including how outreach and
            service delivery will meet the needs of each population.
                (5) <<NOTE: Procedures.>>  Developing and implementing
            procedures and systems to improve the preparedness and response
            efforts of local educational agencies.
                (6) Training and professional development for staff of the
            local educational agency on sanitation and minimizing the spread
            of infectious diseases.
                (7) <<NOTE: Procurement.>>  Purchasing supplies to sanitize
            and clean the facilities of a local educational agency,
            including buildings operated by such agency.
                (8) Planning for and coordinating during long-term closures,
            including for how to provide meals to eligible students, how to
            provide technology for online learning to all students, how to
            provide guidance for carrying out requirements under the
            Individuals with Disabilities Education Act (20 U.S.C. 1401 et
            seq.) and how to ensure other educational services can continue
            to be provided consistent with all Federal, State, and local
            requirements.
                (9) <<NOTE: Procurement.>>  Purchasing educational
            technology (including hardware, software, and connectivity) for
            students who are served by the local educational agency that
            aids in regular and substantive educational interaction between
            students and their classroom instructors, including low-income
            students and students with disabilities, which may include
            assistive technology or adaptive equipment.
                (10) Providing mental health services and supports.
                (11) Planning and implementing activities related to summer
            learning and supplemental afterschool programs, including
            providing classroom instruction or online learning during the
            summer months and addressing the needs of low-income students,
            students with disabilities, English learners, migrant students,
            students experiencing homelessness, and children in foster care.
                (12) Other activities that are necessary to maintain the
            operation of and continuity of services in local educational

    [[Page 134 STAT. 567]]

            agencies and continuing to employ existing staff of the local
            educational agency.

        (e) State Funding.--With funds not otherwise allocated under
    subsection (c), a State may reserve not more than 1/2 of 1 percent for
    administrative costs and the remainder for emergency needs as determined
    by the state educational agency to address issues responding to
    coronavirus, which may be addressed through the use of grants or
    contracts.
        (f) <<NOTE: Deadline.>>  Reallocation.--A State shall return to the
    Secretary any funds received under this section that the State does not
    award within 1 year of receiving such funds and the Secretary shall
    reallocate such funds to the remaining States in accordance with
    subsection (b).

                     higher education emergency relief fund

        Sec. 18004. (a) <<NOTE: 20 USC 3401 note.>>  In General.--The
    Secretary shall allocate funding under this section as follows:
                (1) 90 percent to each institution of higher education to
            prevent, prepare for, and respond to coronavirus, by
            apportioning it--
                        (A) 75 percent according to the relative share of
                    full-time equivalent enrollment of Federal Pell Grant
                    recipients who are not exclusively enrolled in distance
                    education courses prior to the coronavirus emergency;
                    and
                        (B) 25 percent according to the relative share of
                    full-time equivalent enrollment of students who were not
                    Federal Pell Grant recipients who are not exclusively
                    enrolled in distance education courses prior to the
                    coronavirus emergency.
                (2) 7.5 percent for additional awards under parts A and B of
            title III, parts A and B of title V, and subpart 4 of part A of
            title VII of the Higher Education Act to address needs directly
            related to coronavirus, that shall be in addition to awards made
            in section 18004(a)(1) of this title, and allocated by the
            Secretary proportionally to such programs based on the relative
            share of funding appropriated to such programs in the Further
            Consolidated Appropriations Act, 2020 (Public Law 116-94) and
            which may be used to defray expenses (including lost revenue,
            reimbursement for expenses already incurred, technology costs
            associated with a transition to distance education, faculty and
            staff trainings, payroll) incurred by institutions of higher
            education and for grants to students for any component of the
            student's cost of attendance (as defined under section 472 of
            the Higher Education Act), including food, housing, course
            materials, technology, health care, and child care.
                (3) 2.5 percent for part B of title VII of the Higher
            Education Act for institutions of higher education that the
            Secretary determines have the greatest unmet needs related to
            coronavirus, which may be used to defray expenses (including
            lost revenue, reimbursement for expenses already incurred,
            technology costs associated with a transition to distance
            education, faculty and staff trainings, payroll) incurred by
            institutions of higher education and for grants to students for
            any component of the student's cost of attendance (as defined
            under section 472 of the Higher Education Act), including food,

    [[Page 134 STAT. 568]]

            housing, course materials, technology, health care, and child
            care.

        (b) Distribution.--The funds made available to each institution
    under subsection (a)(1) shall be distributed by the Secretary using the
    same systems as the Secretary otherwise distributes funding to each
    institution under title IV of the Higher Education Act of 1965 (20
    U.S.C. 1001 et seq.).
        (c) Uses of Funds.--Except as otherwise specified in subsection (a),
    an institution of higher education receiving funds under this section
    may use the funds received to cover any costs associated with
    significant changes to the delivery of instruction due to the
    coronavirus, so long as such costs do not include payment to contractors
    for the provision of pre-enrollment recruitment activities; endowments;
    or capital outlays associated with facilities related to athletics,
    sectarian instruction, or religious worship. Institutions of higher
    education shall use no less than 50 percent of such funds to provide
    emergency financial aid grants to students for expenses related to the
    disruption of campus operations due to coronavirus (including eligible
    expenses under a student's cost of attendance, such as food, housing,
    course materials, technology, health care, and child care).
        (d) Special Provisions.--(1) In awarding grants under section
    18004(a)(3) of this title, the Secretary shall give priority to any
    institution of higher education that is not otherwise eligible for
    funding under paragraphs (1) and (2) of section 18004(a) of this title
    of at least $500,000 and demonstrates significant unmet needs related to
    expenses associated with coronavirus.
        (2) A Historically Black College and University or a Minority
    Serving Institution may use prior awards provided under titles III, V,
    and VII of the Higher Education Act to prevent, prepare for, and respond
    to coronavirus.
        (e) Report.--An institution receiving funds under this section shall
    submit a report to the Secretary, at such time and in such manner as the
    Secretary may require, that describes the use of funds provided under
    this section.

                        assistance to non-public schools

        Sec. 18005. (a) <<NOTE: 20 USC 3401 note.>>  In General.--A local
    educational agency receiving funds under sections 18002 or 18003 of this
    title shall provide equitable services in the same manner as provided
    under section 1117 of the ESEA of 1965 to students and teachers in non-
    public schools, as determined in consultation with representatives of
    non-public schools.

        (b) Public Control of Funds.--The control of funds for the services
    and assistance provided to a non-public school under subsection (a), and
    title to materials, equipment, and property purchased with such funds,
    shall be in a public agency, and a public agency shall administer such
    funds, materials, equipment, and property and shall provide such
    services (or may contract for the provision of such services with a
    public or private entity).

                         continued payment to employees

        Sec. 18006.  A <<NOTE: 20 USC 3401 note.>>  local educational
    agency, State, institution of higher education, or other entity that
    receives funds under ``Education Stabilization Fund'', shall to the
    greatest extent practicable,

    [[Page 134 STAT. 569]]

    continue to pay its employees and contractors during the period of any
    disruptions or closures related to coronavirus.

                                   definitions

        Sec. 18007.  Except <<NOTE: 20 USC 3401 note.>>  as otherwise
    provided in sections 18001-18006 of this title, as used in such
    sections--
                (1) the terms ``elementary education'' and ``secondary
            education'' have the meaning given such terms under State law;
                (2) the term ``institution of higher education'' has the
            meaning given such term in title I of the Higher Education Act
            of 1965 (20 U.S.C. 1001 et seq.);
                (3) the term ``Secretary'' means the Secretary of Education;
                (4) the term ``State'' means each of the 50 States, the
            District of Columbia, and the Commonwealth of Puerto Rico;
                (5) the term ``cost of attendance'' has the meaning given
            such term in section 472 of the Higher Education Act of 1965.
                (6) the term ``Non-public school'' means a non-public
            elementary and secondary school that (A) is accredited,
            licensed, or otherwise operates in accordance with State law;
            and (B) was in existence prior to the date of the qualifying
            emergency for which grants are awarded under this section;
                (7) the term ``public school'' means a public elementary or
            secondary school; and
                (8) any other term used that is defined in section 8101 of
            the Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7801) shall have the meaning given the term in such section.

                              maintenance of effort

        Sec. 18008. (a) <<NOTE: 20 USC 3401 note. Time periods.>>  A State's
    application for funds to carry out sections 18002 or 18003 of this title
    shall include assurances that the State will maintain support for
    elementary and secondary education, and State support for higher
    education (which shall include State funding to institutions of higher
    education and state need-based financial aid, and shall not include
    support for capital projects or for research and development or tuition
    and fees paid by students) in fiscal years 2020 and 2021 at least at the
    levels of such support that is the average of such State's support for
    elementary and secondary education and for higher education provided in
    the 3 fiscal years preceding the date of enactment of this Act.

        (b) <<NOTE: Waiver authority.>>  The secretary may waive the
    requirement in subsection (a) for the purpose of relieving fiscal
    burdens on States that have experienced a precipitous decline in
    financial resources.

                     safe schools and citizenship education

        For an additional amount for ``Safe Schools and Citizenship
    Education'', $100,000,000, to remain available through September 30,
    2021, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally, to supplement funds otherwise available for
    ``Project SERV'', including to help elementary, secondary and
    postsecondary schools clean and disinfect affected schools, and assist
    in counseling and distance learning and associated costs:  Provided,
    That such amount is designated by the Congress as being for

    [[Page 134 STAT. 570]]

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

                              gallaudet university

        For an additional amount for ``Gallaudet University'', $7,000,000,
    to remain available through September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    to help defray the expenses directly caused by coronavirus and to enable
    grants to students for expenses directly related to coronavirus and the
    disruption of university operations:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           Student Aid Administration

        For an additional amount for ``Student Aid Administration'',
    $40,000,000, to remain available through September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, for carrying out part D of title I, and subparts 1, 3,
    9 and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and
    subpart 1 of part A of title VII of the Public Health Service Act:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                                Howard University

        For an additional amount for ``Howard University'', $13,000,000, to
    remain available through September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    to help defray the expenses directly caused by coronavirus and to enable
    grants to students for expenses directly related to coronavirus and the
    disruption of university operations:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                             Departmental Management

                             program administration

        For an additional amount for ``Program Administration'', $8,000,000,
    to remain available through September 30, 2021 to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         office of the inspector general

        For an additional amount for ``Office of the Inspector General'',
    $7,000,000, to remain available through September 30, 2022, to prevent,
    prepare for, and respond to coronavirus, domestically or

    [[Page 134 STAT. 571]]

    internationally, including for salaries and expenses necessary for
    oversight and audit of programs, grants, and projects funded in this Act
    to respond to coronavirus:  Provided, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                       Corporation for Public Broadcasting

        For an additional amount for ``Corporation for Public
    Broadcasting'', $75,000,000, to remain available through September 30,
    2021, to prevent, prepare for, and respond to coronavirus, including for
    fiscal stabilization grants to public telecommunications entities, as
    defined by 47 U.S.C. 397(12), with no deduction for administrative or
    other costs of the Corporation, to maintain programming and services and
    preserve small and rural stations threatened by declines in non-Federal
    revenues:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Institute of Museum and Library Services

        office of museum and library services: grants and administration

        For an additional amount for ``Institute of Museum and Library
    Services'', $50,000,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, including grants to
    States, territories and tribes to expand digital network access,
    purchase internet accessible devices, and provide technical support
    services:  Provided, That any matching funds requirements for States,
    tribes, libraries, and museums are waived for grants provided with funds
    made available under this heading in this Act:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                            Railroad Retirement Board

                          limitation on administration

        For an additional amount for the ``Railroad Retirement Board'',
    $5,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, including the purchase of
    information technology equipment to improve the mobility of the
    workforce and provide for additional hiring or overtime hours as needed
    to administer the Railroad Unemployment Insurance Act:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 572]]

                         Social Security Administration

                      limitation on administrative expenses

        For an additional amount for ``Limitation on Administrative
    Expenses'', $300,000,000, to remain available through September 30, 2021
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including paying the salaries and benefits of all
    employees affected as a result of office closures, telework, phone and
    communication services for employees, overtime costs, and supplies, and
    for resources necessary for processing disability and retirement
    workloads and backlogs:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

                          (including transfer of funds)

        Sec. 18108.  Funds appropriated by this title may be used by the
    Secretary of the Department of Health and Human Services to appoint,
    without regard to the provisions of sections 3309 through 3319 of title
    5 of the United States Code, candidates needed for positions to perform
    critical work relating to coronavirus for which--
                (1) public notice has been given; and
                (2) the Secretary of Health and Human Services has
            determined that such a public health threat exists.

        Sec. 18109.  Funds <<NOTE: Contracts. Notification.>>  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: <<NOTE: Expiration
    date.>>   Provided further, That the authority made available pursuant
    to this section shall expire on September 30, 2024.

        Sec. 18110. (a) <<NOTE: Determination. 5 USC 5547 note.>>  If
    services performed by an employee during fiscal year 2020 are determined
    by the head of the agency to be primarily related to preparation,
    prevention, or response to coronavirus, any premium pay for such
    services shall be disregarded in calculating the aggregate of such
    employee's basic pay and premium pay for purposes of a limitation under
    section 5547(a) of title 5, United States Code, or under any other
    provision of law, whether such employee's pay is paid on a biweekly or
    calendar year basis.

        (b) Any overtime pay for such services shall be disregarded in
    calculating any annual limit on the amount of overtime pay payable in a
    calendar or fiscal year.
        (c) With regard to such services, any pay that is disregarded under
    either subsection (a) or (b) shall be disregarded in calculating such
    employee's aggregate pay for purposes of the limitation in section 5307
    of such title 5.
        (d)(1) <<NOTE: Applicability.>>  Pay that is disregarded under
    subsection (a) or (b) shall not cause the aggregate of the employee's
    basic pay and premium

    [[Page 134 STAT. 573]]

    pay for the applicable calendar year to exceed the rate of basic pay
    payable for a position at level II of the Executive Schedule under
    section 5313 of title 5, United States Code, as in effect at the end of
    such calendar year.

        (2) <<NOTE: Definition.>>  For purposes of applying this subsection
    to an employee who would otherwise be subject to the premium pay limits
    established under section 5547 of title 5, United States Code, ``premium
    pay'' means the premium pay paid under the provisions of law cited in
    section 5547(a).

        (3) <<NOTE: Determination.>>  For purposes of applying this
    subsection to an employee under a premium pay limit established under an
    authority other than section 5547 of title 5, United States Code, the
    agency responsible for administering such limit shall determine what
    payments are considered premium pay.

        (e) <<NOTE: Effective date.>>  This section shall take effect as if
    enacted on February 2, 2020.

        (f) If application of this section results in the payment of
    additional premium pay to a covered employee of a type that is normally
    creditable as basic pay for retirement or any other purpose, that
    additional pay shall not--
                (1) be considered to be basic pay of the covered employee
            for any purpose; or
                (2) be used in computing a lump-sum payment to the covered
            employee for accumulated and accrued annual leave under section
            5551 or section 5552 of title 5, United States Code.

        Sec. 18111.  Funds <<NOTE: Transfer authority. Consultation.>>
    appropriated by this title to the heading ``Department of Health and
    Human Services'' may be transferred to, and merged with, other
    appropriation accounts under the headings ``Centers for Disease Control
    and Prevention'', ``Public Health and Social Services Emergency Fund'',
    ``Administration for Children and Families'', ``Administration for
    Community Living'', and ``National Institutes of Health'' to prevent,
    prepare for, and respond to coronavirus following consultation with the
    Office of Management and Budget:  Provided,
    That <<NOTE: Notification. Deadline.>>  the Committees on Appropriations
    of the House of Representatives and the Senate shall be notified 10 days
    in advance of any such transfer:  Provided further,
    That, <<NOTE: Determination.>>  upon a determination that all or part of
    the funds transferred from an appropriation by this title are not
    necessary, such amounts may be transferred back to that appropriation:
    Provided further, That none of the funds made available by this title
    may be transferred pursuant to the authority in section 205 of division
    A of Public Law 116-94 or section 241(a) of the PHS Act.

        Sec. 18112.  Not <<NOTE: Deadline. Spend plans.>>  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 <<NOTE: Time
    period. Termination date. List.>>  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.

    [[Page 134 STAT. 574]]

        Sec. 18113.  Of <<NOTE: Transfer authority.>>  the funds
    appropriated by this title under the heading ``Public Health and Social
    Services Emergency Fund'', up to $4,000,000 shall be transferred to, and
    merged with, funds made available under the heading ``Office of the
    Secretary, Office of Inspector General'', and shall remain available
    until expended, for oversight of activities supported with funds
    appropriated to the Department of Health and Human Services to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That <<NOTE: Consultation.>>  the Inspector
    General of the Department of Health and Human Services shall consult
    with the Committees on Appropriations of the House of Representatives
    and the Senate prior to obligating such funds:  Provided further, That
    the transfer authority provided by this section is in addition to any
    other transfer authority provided by law.

        Sec. 18114. (a) <<NOTE: Payments. Reimbursements.>>  Funds
    appropriated in title III of the Coronavirus Preparedness and Response
    Supplemental Appropriations Act, 2020 (Public Law 116-123) shall be paid
    to the ``Department of Homeland Security--Countering Weapons of Mass
    Destruction Office--Federal Assistance''account for costs incurred,
    including to reimburse costs incurred prior to the enactment of this
    Act, under other transaction authority and related to screening for
    coronavirus, domestically or internationally.

        (b) <<NOTE: Definition.>>  The term coronavirus has the meaning
    given the term in section 506 of the Coronavirus Preparedness and
    Response Supplemental Appropriations Act, 2020.

        (c) The amounts repurposed in this section that were previously
    designated by the Congress as an emergency requirement pursuant to the
    Balanced Budget and Emergency Deficit Control Act of 1985 are designated
    by the Congress as an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.
        Sec. 18115. (a) <<NOTE: Reports. 42 USC 247d note.>>  In General.--
    Every laboratory that performs or analyzes a test that is intended to
    detect SARS-CoV-2 or to diagnose a possible case of COVID-19 shall
    report the results from each such test, to the Secretary of Health and
    Human Services in such form and manner, and at such timing and
    frequency, as the Secretary may prescribe until the end of the
    Secretary's Public Health Emergency declaration with respect to COVID-19
    or any extension of such declaration.

        (b) <<NOTE: 42 USC 247d note. Regulations. 42 USC 247d note.>>
    Laboratories Covered.--The Secretary may prescribe which laboratories
    must submit reports pursuant to this section.

        (c) Implementation.--The Secretary may make prescriptions under this
    section by regulation, including by interim final rule, or by guidance,
    and may issue such regulations or guidance without regard to the
    procedures otherwise required by section 553 of title 5, United States
    Code.
        (d) Repealer.--Section 1702 of division A of the Families First
    Coronavirus Response Act <<NOTE: Ante, p. 183.>> is repealed.

    [[Page 134 STAT. 575]]

                                    TITLE IX

                               LEGISLATIVE BRANCH

                                     SENATE

                        Contingent Expenses of the Senate

                  sergeant at arms and doorkeeper of the senate

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

                               miscellaneous items

        For an additional amount for ``Miscellaneous Items'', $9,000,000, to
    remain available until expended, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, subject to approval by the
    Committee on Appropriations of the Senate and the Senate Committee on
    Rules and Administration:  Provided, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                            HOUSE OF REPRESENTATIVES

                              Salaries and Expenses

        For <<NOTE: Spend plan.>>  an additional amount for ``Salaries and
    Expenses'', $25,000,000, to remain available until September 30, 2021,
    except that $5,000,000 shall remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, to be allocated in accordance with a spend plan
    submitted to the Committee on Appropriations of the House of
    Representatives by the Chief Administrative Officer and approved by such
    Committee:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                                   JOINT ITEMS

                        Office of the Attending Physician

        For an additional amount for ``Office of the Attending Physician'',
    $400,000, to remain available until expended, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 576]]

                                 Capitol Police

                                    salaries

        For an additional amount for ``Salaries'', $12,000,000, to remain
    available until September 30, 2021, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally:  Provided, That the
    Capitol Police may transfer amounts appropriated under this heading in
    this Act to ``General Expenses'' without the approval requirement of 2
    U.S.C. 1907(a):  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                            ARCHITECT OF THE CAPITOL

                       Capital Construction and Operations

        For an additional amount for ``Capital Construction and
    Operations'', $25,000,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including to purchase and distribute cleaning and
    sanitation products throughout all facilities and grounds under the care
    of the Architect of the Capitol, wherever located, and any related
    services and operational costs: <<NOTE: Reports. Time period.>>
    Provided, That the Architect of the Capitol shall provide a report
    within 30 days enactment of this Act, and every 30 days thereafter, to
    the Committees on Appropriations of the Senate and House of
    Representatives, the Senate Committee on Rules and Administration, and
    the Committee on House Administration on expenditure of funds from
    amounts appropriated under this heading in this Act:  Provided further,
    That this amount shall be in addition to any other funds available for
    such purposes in appropriations Acts for the legislative branch:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                               LIBRARY OF CONGRESS

                              Salaries and Expenses

        For an additional amount for ``Salaries and Expenses'', $700,000, to
    remain available until September 30, 2020, to prevent, prepare for, and
    respond to coronavirus, domestically or internationally, to be made
    available to the Little Scholars Child Development Center, subject to
    approval by the Committees on Appropriations of the Senate and House of
    Representatives, the Senate Committee on Rules and Administration, and
    the Committee on House Administration:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 134 STAT. 577]]

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              Salaries and Expenses

        For an <<NOTE: Audits. Investigations. Reimbursements.>>  additional
    amount for ``Salaries and Expenses'', $20,000,000, to remain available
    until expended, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, for audits and investigations and for
    reimbursement of the Tiny Findings Child Development Center for salaries
    for employees, as authorized by this Act:  Provided,
    That <<NOTE: Deadline. Spend plan. Estimates. Timeline.>>  not later
    than 90 days after the date of enactment of this Act, the Government
    Accountability Office shall submit to the Committees on Appropriations
    of the House of Representatives and the Senate a spend plan specifying
    funding estimates and a timeline for such audits and investigations:
    Provided further, That $600,000 shall be made available to the Tiny
    Findings Child Development Center, subject to approval by the Committees
    on Appropriations of the Senate and House of Representatives, the Senate
    Committee on Rules and Administration, and the Committee on House
    Administration:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

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

        Sec. 19001. The Secretary <<NOTE: Reimbursements. Effective date. 2
    USC 2063 note.>>  of the Senate shall reimburse the Senate Employee
    Child Care Center for personnel costs incurred starting on April 1,
    2020, for employees of such Center who have been ordered to cease
    working due to measures taken in the Capitol complex to combat
    coronavirus, not to exceed $84,000 per month, from amounts in the
    appropriations account ``Miscellaneous Items'' within the contingent
    fund of the Senate.

     source of funds used for payment of salaries and expenses of house of
                        representatives child care center

        Sec. 19002.  (a) Authorizing Use of Revolving Fund or Appropriated
    Funds.--Section 312(d)(3)(A) of the Legislative Branch Appropriations
    Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended--
                (1) in subparagraph (A), by striking the period at the end
            and inserting the following: ``, and, at the option of the Chief
            Administrative Officer during an emergency situation, the
            payment of the salary of other employees of the Center.''; and
                (2) by adding at the end the following new subparagraph:
                        ``(C) During an emergency situation, the payment of
                    such other expenses for activities carried out under
                    this section as the Chief Administrative Officer
                    determines appropriate.''.

        (b) <<NOTE: 2 USC 2062 note.>>  Effective Date.--The amendment made
    by subsection (a) shall apply with respect to fiscal year 2020 and each
    succeeding fiscal year.

    [[Page 134 STAT. 578]]

    payments to ensure continuing availability of goods and services during
                            the coronavirus emergency

        Sec. 19003.  (a) <<NOTE: 2 USC 5548 note.>>  Authorization to Make
    Payments.--Notwithstanding any other provision of law and subject to
    subsection (b), during an emergency situation, the Chief Administrative
    Officer of the House of Representatives may make payments under
    contracts with vendors providing goods and services to the House in
    amounts and under terms and conditions other than those provided under
    the contract in order to ensure that those goods and services remain
    available to the House throughout the duration of the emergency.

        (b) Conditions.--
                (1) Approval required.--The Chief Administrative Officer may
            not make payments under the authority of subsection (a) without
            the approval of the Committee on House Administration of the
            House of Representatives.
                (2) Availability of appropriations.--The authority of the
            Chief Administrative Officer to make payments under the
            authority of subsection (a) is subject to the availability of
            appropriations to make such payments.

        (c) Applicability.--This section shall apply with respect to fiscal
    year 2020 and each succeeding fiscal year.

      source of funds used for payment of salaries and expenses of little
                        scholars child development center

        Sec. 19004.  The <<NOTE: Reimbursements. 2 USC 162b note.>>  Library
    of Congress shall reimburse Little Scholars Child Development Center for
    salaries for employees incurred from April 1, 2020, to September 30,
    2020, for employees of such Center who have been ordered to cease
    working due to measures taken in the Capitol complex to combat
    coronavirus, not to exceed $113,000 per month, from amounts in the
    appropriations account ``Library of Congress--Salaries and Expenses''.

       authorizing payments under service contracts during the coronavirus
                                    emergency

        Sec. 19005.  (a) <<NOTE: Time period. 2 USC 1816b note.>>
    Authorizing Payments.--Notwithstanding section 3324(a) of title 31,
    United States Code, or any other provision of law and subject to
    subsection (b), if the employees of a contractor with a service contract
    with the Architect of the Capitol are furloughed or otherwise unable to
    work during closures, stop work orders, or reductions in service arising
    from or related to the impacts of coronavirus, the Architect of the
    Capitol may continue to make the payments provided for under the
    contract for the weekly salaries and benefits of such employees for not
    more than 16 weeks.

        (b) Availability of Appropriations.--The authority of the Architect
    of the Capitol to make payments under the authority of subsection (a) is
    subject to the availability of appropriations to make such payments.
        (c) Regulations.--The Architect of the Capitol shall promulgate such
    regulations as may be necessary to carry out this section.

                          mass mailings as franked mail

        Sec. 19006.  (a) Waiver.--Section 3210(a)(6)(D) of title 39, United
    States Code, is amended by striking the period at the end of the first
    sentence and inserting the following: ``, and in

    [[Page 134 STAT. 579]]

    the case of the Commission, to waive this paragraph in the case of
    mailings sent in response to or to address threats to life safety.''.
        (b) <<NOTE: 39 USC 3210 note.>>  Effective Date.--The amendments
    made by this subsection shall apply with respect to mailings sent on or
    after the date of the enactment of this Act.

                              technical correction

        Sec. 19007. In the matter preceding the first proviso under the
    heading ``Library of Congress--Salaries and Expenses'' in division E of
    the Further Consolidated Appropriations Act, 2020 (Public Law 116-
    94), <<NOTE: 133 Stat. 2766.>>  strike `` $504,164,000'' and insert ``
    $510,164,000''.

                              conforming amendment

        Sec. 19008.  Section 110(a)(1)(A) of the Family and Medical Leave
    Act of 1993 (as added by section 3102 of the Families First Coronavirus
    Response Act (Public Law 116-127)) <<NOTE: Ante, p. 189.>>  is amended--
                (1) by inserting before ``In lieu of'' the following:
                              ``(i) In general.--''; and
                (2) by adding at the end the following:
                              ``(ii) <<NOTE: Definition.>>  Special rule.--
                          For purposes of applying section 102(a)(1)(F) and
                          this section under the Congressional
                          Accountability Act of 1995, in lieu of the
                          definition in section 202(a)(2)(B) of that Act (2
                          U.S.C. 1312(a)(2)(B)), the term `eligible
                          employee' means a covered employee (as defined in
                          section 101 of that Act (2 U.S.C. 1301)) who has
                          been employed for at least 30 calendar days by the
                          employing office (as so defined) with respect to
                          whom leave is requested under section
                          102(a)(1)(F).''.

       source of funds used for payment of salaries and expenses of tiny
                        findings child development center

        Sec. 19009.  The <<NOTE: Reimbursements. Time period.>>  Government
    Accountability Office may reimburse the Tiny Findings Child Development
    Center for salaries for employees incurred from April 1, 2020, to
    September 30, 2020, for employees of such Center who have been ordered
    to cease working due to measures taken in the Capitol complex to combat
    coronavirus, not to exceed $100,000 per month, from amounts in the
    appropriations account ``Government Accountability Office--Salaries and
    Expenses''.

                          oversight and audit authority

        Sec. 19010.  (a) <<NOTE: 31 USC 712 note.>>  Definitions.--In this
    section--
                (1) the term ``appropriate congressional committees''
            means--
                        (A) the Committee on Appropriations of the Senate;
                        (B) the Committee on Homeland Security and
                    Governmental Affairs of the Senate;
                        (C) the Committee on Health, Education, Labor, and
                    Pensions of the Senate;
                        (D) the Committee on Appropriations of the House of
                    Representatives;
                        (E) the Committee on Homeland Security of the House
                    of Representatives;

    [[Page 134 STAT. 580]]

                        (F) the Committee on Oversight and Reform of the
                    House of Representatives; and
                        (G) the Committee on Energy and Commerce of the
                    House of Representatives; and
                (2) the term ``Comptroller General'' means the Comptroller
            General of the United States.

        (b) <<NOTE: Audit. Review.>>  Authority.--The Comptroller General
    shall conduct monitoring and oversight of the exercise of authorities,
    or the receipt, disbursement, and use of funds made available, under
    this Act or any other Act to prepare for, respond to, and recover from
    the Coronavirus 2019 pandemic and the effect of the pandemic on the
    health, economy, and public and private institutions of the United
    States, including public health and homeland security efforts by the
    Federal Government and the use of selected funds under this or any other
    Act related to the Coronavirus 2019 pandemic and a comprehensive audit
    and review of charges made to Federal contracts pursuant to authorities
    provided in the Coronavirus Aid, Relief, and Economic Security Act.

        (c) Briefings and Reports.-- <<NOTE: Time period.>> In conducting
    monitoring and oversight under subsection (b), the Comptroller General
    shall--
                (1) during the period beginning on the date of enactment of
            this Act and ending on the date on which the national emergency
            declared by the President under the National Emergencies Act (50
            U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
            2019 (COVID-19) expires, offer regular briefings on not less
            frequently than a monthly basis to the appropriate congressional
            committees regarding Federal public health and homeland security
            efforts;
                (2) publish reports regarding the ongoing monitoring and
            oversight efforts, which, along with any audits and
            investigations conducted by the Comptroller General, shall be
            submitted to the appropriate congressional committees and posted
            on the website of the Government Accountability Office--
                         <<NOTE: Termination date.>> (A) not later than 90
                    days after the date of enactment of this Act, and every
                    other month thereafter until the date that is 1 year
                    after the date of enactment of this Act; and
                        (B) after the period described in subparagraph (A),
                    on a periodic basis; and
                (3) submit to the appropriate congressional committees
            additional reports as warranted by the findings of the
            monitoring and oversight activities of the Comptroller General.

        (d) Access to Information.--
                (1) <<NOTE: Records.>>  Right of access.--In conducting
            monitoring and oversight activities under this section, the
            Comptroller General shall have access to records, upon request,
            of any Federal, State, or local agency, contractor, grantee,
            recipient, or subrecipient pertaining to any Federal effort or
            assistance of any type related to the Coronavirus 2019 pandemic
            under this Act or any other Act, including private entities
            receiving such assistance.
                (2) <<NOTE: Records.>>  Copies.--The Comptroller General may
            make and retain copies of any records accessed under paragraph
            (1) as the Comptroller General determines appropriate.
                (3) Interviews.--In addition to such other authorities as
            are available, the Comptroller General or a designee of the
            Comptroller General may interview Federal, State, or local

    [[Page 134 STAT. 581]]

            officials, contractor staff, grantee staff, recipients, or
            subrecipients pertaining to any Federal effort or assistance of
            any type related to the Coronavirus 2019 pandemic under this or
            any other Act, including private entities receiving such
            assistance.
                (4) Inspection of facilities.--As determined necessary by
            the Comptroller General, the Government Accountability Office
            may inspect facilities at which Federal, State, or local
            officials, contractor staff, grantee staff, or recipients or
            subrecipients carry out their responsibilities related to the
            Coronavirus 2019 pandemic.
                (5) Enforcement.--Access rights under this subsection shall
            be subject to enforcement consistent with section 716 of title
            31, United States Code.

        (e) Relationship to Existing Authority.--Nothing in this section
    shall be construed to limit, amend, supersede, or restrict in any manner
    any existing authority of the Comptroller General.

       national emergency relief authority for the register of copyrights

        Sec. 19011.  (a) Amendment.--Chapter 7 of title 17, United States
    Code, is amended by adding at the end the following:
    ``Sec. 710. <<NOTE: 17 USC 710.>>  Emergency relief authority

        ``(a) <<NOTE: Determination.>>  Emergency Action.--If, on or before
    December 31, 2021, the Register of Copyrights determines that a national
    emergency declared by the President under the National Emergencies Act
    (50 U.S.C. 1601 et seq.) generally disrupts or suspends the ordinary
    functioning of the copyright system under this title, or any component
    thereof, including on a regional basis, the Register may, on a temporary
    basis, toll, waive, adjust, or modify any timing provision (including
    any deadline or effective period, except as provided in subsection (c))
    or procedural provision contained in this title or chapters II or III of
    title 37, Code of Federal Regulations, for no longer than the Register
    reasonably determines to be appropriate to mitigate the impact of the
    disruption caused by the national emergency. In taking such action, the
    Register shall consider the scope and severity of the particular
    national emergency, and its specific effect with respect to the
    particular provision, and shall tailor any remedy accordingly.

        ``(b) Notice and Effect.--Any action taken by the Register in
    response to a national emergency pursuant to subsection (a) shall not be
    subject to section 701(e) or subchapter II of chapter 5 of title 5,
    United States Code, and chapter 7 of title 5, United States Code. The
    provision of general public notice detailing the action being taken by
    the Register in response to the national emergency under subsection (a)
    is sufficient to effectuate such action. <<NOTE: Determination.>> The
    Register may make such action effective both prospectively and
    retroactively in relation to a particular provision as the Register
    determines to be appropriate based on the timing, scope, and nature of
    the public emergency, but any action by the Register may only be
    retroactive with respect to a deadline that has not already passed
    before the declaration described in subsection (a).

        ``(c) <<NOTE: Deadline. Time period.>>  Statement Required.--Except
    as provided in subsection (d), not later than 20 days after taking any
    action that results in a provision being modified for a cumulative total
    of longer than 120 days, the Register shall submit to Congress a
    statement

    [[Page 134 STAT. 582]]

    detailing the action taken, the relevant background, and rationale for
    the action.

        ``(d) Exceptions.--The authority of the Register to act under
    subsection (a) does not extend provisions under this title requiring the
    commencement of an action or proceeding in Federal court within a
    specified period of time, except that if the Register adjusts the
    license availability date defined in section 115(e)(15), such adjustment
    shall not affect the ability to commence actions for any claim of
    infringement of exclusive rights provided by paragraphs (1) and (3) of
    section 106 against a digital music provider arising from the
    unauthorized reproduction or distribution of a musical work by such
    digital music provider in the course of engaging in covered activities
    that accrued after January 1, 2018, provided that such action is
    commenced within the time periods prescribed under section
    115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted
    license availability date. If the Register adjusts the license
    availability date, the Register must provide the statement to Congress
    under subsection (c) at the same time as the public notice of such
    adjustment with a detailed explanation of why such adjustment is needed.
        ``(e) Copyright Term Exception.--The authority of the Register to
    act under subsection (a) does not extend to provisions under chapter 3,
    except section 304(c), or section 1401(a)(2).
        ``(f) Other Laws.--Notwithstanding section 301 of the National
    Emergencies Act (50 U.S.C. 1631), the authority of the Register under
    subsection (a) is not contingent on a specification made by the
    President under such section or any other requirement under that Act
    (other than the emergency declaration under section 201(a) of such Act
    (50 U.S.C. 1621(a))). The authority described in this section supersedes
    the authority of title II of the National Emergencies Act (50 U.S.C.
    1621 et seq.).''.
        (b) Technical and Conforming Amendment.--The table of sections for
    chapter 7 of title 17, United States Code, <<NOTE: 17 USC 701 prec.>>
    is amended by adding at the end the following:

    ``710. Emergency relief authority.''.

        (c) Emergency Requirement.--The amount provided by this section is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                     TITLE X

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

          general operating expenses, veterans benefits administration

        For an additional amount for ``General Operating Expenses, Veterans
    Benefits Administration'', $13,000,000, to remain available until
    September 30, 2021, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 134 STAT. 583]]

                         Veterans Health Administration

                                medical services

        For an additional amount for ``Medical Services'', $14,432,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    related impacts on health care delivery, and for support to veterans who
    are homeless or at risk of becoming homeless:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                             medical community care

        For an additional amount for ``Medical Community Care'',
    $2,100,000,000, to remain available until September 30, 2021, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including related impacts on health care delivery:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                         medical support and compliance

        For an additional amount for ``Medical Support and Compliance'',
    $100,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, including related impacts on health care delivery:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                               medical facilities

        For an additional amount for ``Medical Facilities'', $606,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    related impacts on health care delivery:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           Departmental Administration

                             general administration

        For an additional amount for ``General Administration'', $6,000,000,
    to remain available until September 30, 2021, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 584]]

                         information technology systems

        For an additional amount for ``Information Technology Systems'',
    $2,150,000,000, to remain available until September 30, 2021, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including related impacts on health care delivery:
    Provided, <<NOTE: Spend plan.>> That the Secretary shall transmit to the
    Committees on Appropriations of both Houses of Congress a spend plan
    detailing the allocation of such funds between pay and associated costs,
    operations and maintenance, and information technology systems
    development:  Provided further, <<NOTE: Notification.>> That after such
    transmittal is provided, funds may only be reprogrammed among the three
    subaccounts referenced in the previous proviso after the Secretary of
    Veterans Affairs submits notice to the Committees on Appropriations of
    both Houses of Congress:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           office of inspector general

        For an additional amount for ``Office of Inspector General'',
    $12,500,000, to remain available until September 30, 2022, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, for oversight and audit of programs, activities, grants
    and projects funded under this title:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

            grants for construction of state extended care facilities

        For an additional amount for ``Grants for Construction of State
    Extended Care Facilities'', $150,000,000, to remain available until
    September 30, 2021, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, including to modify or alter existing
    hospital, nursing home, and domiciliary facilities in State homes:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                                RELATED AGENCIES

                     Armed Forces Retirement Home Trust Fund

        For an additional amount for the ``Armed Forces Retirement Home
    Trust Fund'', $2,800,000, to remain available until September 30, 2021,
    to prevent, prepare for, and respond to coronavirus, to be paid from
    funds available in the Armed Forces Retirement Home Trust Fund:
    Provided, That of the amounts made available under this heading from
    funds available in the Armed Forces Retirement Home Trust Fund,
    $2,800,000 shall be paid from the general fund of the Treasury to the
    Trust Fund: <<NOTE: Reports.>>   Provided further, That the Chief
    Executive Officer of the Armed Forces Retirement Home shall submit to
    the Committees on Appropriations of both Houses of Congress monthly
    reports detailing obligations, expenditures,

    [[Page 134 STAT. 585]]

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

                         GENERAL PROVISIONS--THIS TITLE

                          (including transfer of funds)

        Sec. 20001.  Amounts made available for the Department of Veterans
    Affairs in this title, under the ``Medical Services'', ``Medical
    Community Care'', ``Medical Support and Compliance'', and ``Medical
    Facilities'' accounts may be transferred among the accounts to prevent,
    prepare for, and respond to coronavirus, domestically and
    internationally:  Provided, That <<NOTE: Notification.>>  any transfers
    among the ``Medical Services'', ``Medical Community Care'', ``Medical
    Support and Compliance'', and ``Medical Facilities'' accounts of 2
    percent or less of the total amount appropriated to an account in this
    title may take place subject to notification from the Secretary of
    Veterans Affairs to the Committees on Appropriations of both Houses of
    Congress of the amount and purpose of the transfer:  Provided further,
    That <<NOTE: Transfer request and approval.>>  any transfers among the
    ``Medical Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'' accounts in excess of 2 percent
    of the total amount appropriated to an account in this title, or
    exceeding a cumulative 2 percent for all of the funds provided in this
    title, may take place only after the Secretary requests from the
    Committees on Appropriations of both Houses of Congress the authority to
    make the transfer and an approval is issued.

        Sec. 20002.  For <<NOTE: Reports.>>  all of the funds appropriated
    in this title the Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress monthly reports
    detailing obligations, expenditures, and planned activities.

                             public health emergency

        Sec. 20003. In this <<NOTE: Definition. 38 USC 303 note.>>  title,
    the term ``public health emergency'' means an emergency with respect to
    COVID-19 declared by a Federal, State, or local authority.

    short-term agreements or contracts with telecommunications providers to
    expand telemental health services for isolated veterans during a public
                                health emergency

        Sec. 20004.  (a) <<NOTE: 38 USC 1712A note.>>  In General.--
    Notwithstanding any other provision of law, the Secretary of Veterans
    Affairs may enter into short-term agreements or contracts with
    telecommunications companies to provide temporary, complimentary or
    subsidized, fixed and mobile broadband services for the purposes of
    providing expanded mental health services to isolated veterans through
    telehealth or VA Video Connect during a public health emergency.

        (b) Eligibility.--
                (1) In general.--The Secretary may expand eligibility for
            services described in subsection (a) from the Department of
            Veterans Affairs to include veterans already receiving care from
            the Department who may not be eligible for mental health
            services or other health care services delivered through
            telehealth or VA Video Connect.

    [[Page 134 STAT. 586]]

                (2) Priority.--For purposes of expanding eligibility under
            paragraph (1), the Secretary shall prioritize--
                        (A) veterans who are in unserved and underserved
                    areas;
                        (B) veterans who reside in rural and highly rural
                    areas, as defined in the Rural-Urban Commuting Areas
                    coding system of the Department of Agriculture;
                        (C) low-income veterans; and
                        (D) any other veterans that the Secretary considers
                    to be at a higher risk for suicide and mental health
                    concerns during isolation periods due to a public health
                    emergency.

        (c) Definitions.--In this section:
                (1) Telehealth.--
                        (A) In general.--The term ``telehealth'' means the
                    use of electronic information and telecommunications
                    technologies to support and promote long-distance
                    clinical health care, patient and professional health-
                    related education, public health, and health
                    administration.
                        (B) Technologies.--For purposes of subparagraph (A),
                    telecommunications technologies include
                    videoconferencing, the internet, streaming media, and
                    terrestrial and wireless communications.
                (2) VA video connect.--The term ``VA Video Connect'' means
            the program of the Department of Veterans Affairs to connect
            veterans with their health care team from anywhere, using
            encryption to ensure a secure and private session.

             treatment of state homes during public health emergency

        Sec. 20005.  (a) <<NOTE: 38 USC 1741 note.>>  Waiver of Occupancy
    Rate Requirements.--During a public health emergency, occupancy rate
    requirements for State homes for purposes of receiving per diem payments
    set forth in section 51.40(c) of title 38, Code of Federal Regulations,
    or successor regulations, shall not apply.

        (b) Waiver of Veteran Percentage Requirements.--During a public
    health emergency, the veteran percentage requirements for State homes
    set forth in section 51.210(d) of title 38, Code of Regulations, or
    successor regulations, and in agreements for grants to construct State
    homes, shall not apply.
        (c) Provision of Medicine, Equipment, and Supplies.--
                (1) In general.--During a public health emergency, the
            Secretary of Veterans Affairs may provide to State homes
            medicines, personal protective equipment, medical supplies, and
            any other equipment, supplies, and assistance available to the
            Department of Veterans Affairs.
                (2) Provision of equipment.--Personal protective equipment
            may be provided under paragraph (1) through the All Hazards
            Emergency Cache of the Department of Veterans Affairs or any
            other source available to the Department.

        (d) Definitions.--In this section:
                (1) Personal protective equipment.--The term ``personal
            protective equipment'' means any protective equipment required
            to prevent the wearer from contracting COVID-19, including
            gloves, N-95 respirator masks, gowns, goggles, face shields, or
            other equipment required for safety.
                (2) Public health emergency.--The term ``public health
            emergency'' means an emergency with respect to COVID-19 declared
            by a Federal, State, or local authority.

    [[Page 134 STAT. 587]]

                (3) State home.--The term ``State home'' has the meaning
            given that term in section 101(19) of title 38, United States
            Code.

    modifications to veteran directed care program of department of veterans
                                     affairs

        Sec. 20006.  (a) <<NOTE: 38 USC 1701B note.>>  Telephone or
    Telehealth Renewals.--For the Veteran Directed Care program of the
    Department of Veterans Affairs (in this section referred to as the
    ``Program''), during a public health emergency, the Secretary of
    Veterans Affairs shall--
                (1) <<NOTE: Waiver authority.>>  waive the requirement that
            an area agency on aging process new enrollments and six-month
            renewals for the Program via an in-person or home visit; and
                (2) allow new enrollments and sixth-month renewals for the
            Program to be conducted via telephone or telehealth modality.

        (b) No Suspension or Disenrollment.--During a public health
    emergency, the Secretary shall not suspend or dis-enroll a veteran or
    caregiver of a veteran from the Program unless--
                (1) requested to do so by the veteran or a representative of
            the veteran; or
                (2) a mutual decision is made between the veteran and a
            health care provider of the veteran to suspend or dis-enroll the
            veteran or caregiver from the Program.

        (c) Waiver of Paperwork Requirement.--During a public health
    emergency, the Secretary may waive the requirement for signed, mailed
    paperwork to confirm the enrollment or renewal of a veteran in the
    Program and may allow verbal consent of the veteran via telephone or
    telehealth modality to suffice for purposes of such enrollment or
    renewal.
        (d) Waiver of Other Requirements.--During a public health emergency,
    the Secretary shall waive--
                (1) any penalty for late paperwork relating to the Program;
            and
                (2) <<NOTE: Time period.>>  any requirement to stop payments
            for veterans or caregivers of veterans under the Program if they
            are out of State for more than 14 days.

        (e) Area Agency on Aging Defined.--In this section, the term ``area
    agency on aging'' has the meaning given that term in section 102 of the
    Older Americans Act of 1965 (42 U.S.C. 3002).

      provision by department of veterans affairs of prosthetic appliances
         through non-department providers during public health emergency

        Sec. 20007. The Secretary <<NOTE: Determination. 38 USC 1714
    note.>>  of Veterans Affairs shall ensure that, to the extent
    practicable, veterans who are receiving or are eligible to receive a
    prosthetic appliance under section 1714 or 1719 of title 38, United
    States Code, are able to receive such an appliance that the Secretary
    determines is needed from a non-Department of Veterans Affairs provider
    under a contract with the Department during a public health emergency.

    [[Page 134 STAT. 588]]

       waiver of pay caps for employees of department of veterans affairs
                        during public health emergencies

        Sec. 20008.  (a) <<NOTE: 38 USC 303 note.>>  In General.--
    Notwithstanding any other provision of law, the Secretary of Veterans
    Affairs may waive any limitation on pay for an employee of the
    Department of Veterans Affairs during a public health emergency for work
    done in support of response to the emergency.

        (b) Reporting.--
                (1) In general.--For each month that the Secretary waives a
            limitation under subsection (a), the Secretary shall submit to
            the Committee on Veterans' Affairs of the Senate and the
            Committee on Veterans' Affairs of the House of Representatives a
            report on the waiver.
                (2) Contents.--Each report submitted under paragraph (1) for
            a waiver or waivers in a month shall include the following:
                        (A) Where the waiver or waivers were used, including
                    in which component of the Department and, as the case
                    may be, which medical center of the Department.
                        (B) For how many employees the waiver or waivers
                    were used, disaggregated by component of the Department
                    and, if applicable, medical center of the Department.
                        (C) The average amount by which each payment
                    exceeded the waived pay limitation that was waived,
                    disaggregated by component of the Department and, if
                    applicable, medical center of the Department.

        (c) Employee of the Department of Veterans Affairs Defined.--In this
    section, the term ``employee of the Department of Veterans Affairs''
    includes any employee of the Department of Veterans Affairs, regardless
    of the authority under which the employee was hired.

       provision by department of veterans affairs of personal protective
                        equipment for home health workers

        Sec. 20009.  (a) <<NOTE: 38 USC 303 note.>>  Provision of
    Equipment.--
                (1) In general.--During a public health emergency, the
            Secretary of Veterans Affairs shall provide to employees and
            contractors of the Department of Veterans Affairs personal
            protective equipment necessary to provide home care to veterans
            under the laws administered by the Secretary.
                (2) Source of equipment.--Personal protective equipment may
            be provided under paragraph (1) through the All Hazards
            Emergency Cache of the Department or any other source available
            to the Department.

        (b) Definitions.--In this section:
                (1) Home care.--The term ``home care'' has the meaning given
            that term in section 1803(c) of title 38, United States Code.
                (2) Personal protective equipment.--The term ``personal
            protective equipment'' means any protective equipment required
            to prevent the wearer from contracting COVID-19, including
            gloves, N-95 respirator masks, gowns, goggles, face shields, or
            other equipment required for safety.

    [[Page 134 STAT. 589]]

     clarification of treatment of payments for purposes of eligibility for
                  veterans pension and other veterans benefits

        Sec. 20010. Amounts paid <<NOTE: 38 USC 1503 note.>>  to a person
    under the 2020 Recovery Rebate in the Coronavirus Aid, Relief, and
    Economic Security Act shall not be treated as income or resources for
    purposes of determining eligibility for pension under chapter 15 of
    title 38, United States Code, or any other benefit under a law
    administered by the Secretary of Veterans Affairs.

       availability of telehealth for case managers and homeless veterans

        Sec. 20011. The Secretary <<NOTE: 38 USC 2041 note.>>  of Veterans
    Affairs shall ensure that telehealth capabilities are available during a
    public health emergency for case managers of, and homeless veterans
    participating in, the Department of Housing and Urban Development-
    Department of Veterans Affairs Supportive Housing program (commonly
    referred to as ``HUD-VASH'').

    funding limits for financial assistance for supportive services for very
    low-income veteran families in permanent housing during a public health
                                    emergency

        Sec. 20012. In the <<NOTE: 38 USC 2044 note.>>  case of a public
    health emergency, nothing in subsection (e)(1) of section 2044 of title
    38, United States Code, may be construed as limiting amounts that may be
    made available for carrying out subsections (a), (b), and (c) of such
    section.

     modifications to comprehensive service programs for homeless veterans
                        during a public health emergency

        Sec. 20013.  (a) <<NOTE: 38 USC 2011 note.>>  Rule of
    Construction.--In the case of a public health emergency, no
    authorization of appropriations in section 2014 of title 38, United
    States Code, may be construed as limiting amounts that may be
    appropriated for carrying out subchapter II of chapter 20 of such title.

        (b) <<NOTE: Waiver authority.>>  Grants and Per Diem Payments.--In
    the case of a public health emergency, the Secretary of Veterans Affairs
    may waive any limits on--
                (1) grant amounts under sections 2011 and 2061 of title 38,
            United States Code; and
                (2) rates for per diem payments under sections 2012 and 2061
            of such title.

        (c) <<NOTE: Time periods.>>  Participant Absence.--Notwithstanding
    Veterans Health Administration Handbook 1162.01(1), dated July 12, 2013,
    and amended June 30, 2014, and titled ``Grant and Per Diem (GPD)
    Program'', or any other provision of law, for the duration of a public
    health emergency, the Secretary--
                (1) <<NOTE: Waiver authority.>>  shall waive any requirement
            to discharge a veteran from the grant and per diem program of
            the Veterans Health Administration after the veteran is absent
            for 14 days; and
                (2) may continue to pay per diem to grant recipients and
            eligible entities under the program for any additional days of
            absence when a veteran has already been absent for more than 72
            hours.

        Sec. 20014.  The amounts provided by sections 20003 through 20013 of
    this title in this Act are designated by the Congress as being for an
    emergency requirement pursuant to section

    [[Page 134 STAT. 590]]

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

                                    TITLE XI

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

                               diplomatic programs

        For an additional amount for ``Diplomatic Programs'', $324,000,000,
    to remain available until September 30, 2022, to prevent, prepare for,
    and respond to coronavirus, including for necessary expenses to maintain
    consular operations and to provide for evacuation expenses and emergency
    preparedness:  Provided, That such amount is designated by the Congress
    as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                       Funds Appropriated to the President

                               operating expenses

        For an additional amount for ``Operating Expenses'', $95,000,000, to
    remain available until September 30, 2022, to prevent, prepare for, and
    respond to coronavirus:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                          BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

                        international disaster assistance

        For an additional amount for ``International Disaster Assistance'',
    $258,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                               Department of State

                        migration and refugee assistance

        For an additional amount for ``Migration and Refugee Assistance'',
    $350,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 134 STAT. 591]]

                              Independent Agencies

                                   peace corps

        For an additional amount for ``Peace Corps'', $88,000,000, to remain
    available until September 30, 2022, to prevent, prepare for, and respond
    to coronavirus:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                         GENERAL PROVISIONS--THIS TITLE

                          (including transfer of funds)

        Sec. 21001.  The <<NOTE: Applicability.>>  authorities and
    limitations of section 402 of the Coronavirus Preparedness and Response
    Supplemental Appropriations Act (division A of Public Law 116-123) shall
    apply to funds appropriated by this title as follows:
                (1) Subsections (a), (d), (e), and (f) shall apply to funds
            under the heading ``Diplomatic Programs''; and
                (2) Subsections (c), (d), (e), and (f) shall apply to funds
            under the heading ``International Disaster Assistance''.

        Sec. 21002.  Funds <<NOTE: Reimbursements.>>  appropriated by this
    title under the headings ``Diplomatic Programs'', ``Operating
    Expenses'', and ``Peace Corps'' may be used to reimburse such accounts
    administered by the Department of State, the United States Agency for
    International Development, and the Peace Corps, as appropriate, for
    obligations incurred to prevent, prepare for, and respond to coronavirus
    prior to the date of enactment of this Act.

        Sec. 21003.  The <<NOTE: Applicability.>>  reporting requirement of
    section 406(b) of the Coronavirus Preparedness and Response Supplemental
    Appropriations Act, 2020 (division A of Public Law 116-123) shall apply
    to funds appropriated by this title:  Provided, That the requirement to
    jointly submit such report shall not apply to the Director of the Peace
    Corps:  Provided further, That reports required by such section may be
    consolidated and shall include information on all funds made available
    to such Federal agencies to prevent, prepare for, and respond to
    coronavirus.

        Sec. 21004.  Section 7064(a) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2020 (division G of
    Public Law 116-94) <<NOTE: 22 USC 3948 note.>>  is amended by striking
    `` $100,000,000'' and inserting in lieu thereof `` $110,000,000'', and
    by adding the following before the period at the end: ``: Provided, That
    no amounts may be used that were designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to the
    Concurrent Resolution on the Budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985''.

        Sec. 21005.  The Department of State, Foreign Operations, and
    Related Programs Appropriations Act, 2020 (division G of Public Law 116-
    94) is amended <<NOTE: 133 Stat. 2818.>>  under the heading
    ``Emergencies in the Diplomatic and Consular Service'' in title I by
    striking `` $1,000,000'' and inserting in lieu thereof `` $5,000,000''.

        Sec. 21006.  The Department of State, Foreign Operations, and
    Related Programs Appropriations Act, 2020 (division G of Public Law 116-
    94) is amended <<NOTE: 133 Stat. 2832.>>  under the heading ``Millennium
    Challenge Corporation'' in title III by striking `` $105,000,000'' in
    the first proviso and inserting in lieu thereof `` $107,000,000''.

    [[Page 134 STAT. 592]]

        Sec. 21007.  Notwithstanding any <<NOTE: Paid leave. 22 USC 2651a
    note.>>  other provision of law, and in addition to leave authorized
    under any other provision of law, the Secretary of State and the
    Administrator of the United States Agency for International Development
    may, in order to prevent, prepare for, and respond to coronavirus,
    provide additional paid leave to address employee hardships resulting
    from coronavirus:  Provided, That <<NOTE: Applicability. Time period.>>
    this authority shall apply to leave taken since January 29, 2020, and
    may be provided abroad and domestically:  Provided further,
    That <<NOTE: Consultation.>>  the Secretary and the Administrator shall
    consult with the Committee on Appropriations and the Committee on
    Foreign Relations of the Senate and the Committee on Appropriations and
    the Committee on Foreign Affairs of the House of Representatives prior
    to implementation of such authority:  Provided further,
    That <<NOTE: Expiration date.>>  the authority made available pursuant
    to this section shall expire on September 30, 2022.

        Sec. 21008.  The Secretary <<NOTE: 22 USC 2670 note.>>  of State, to
    prevent, prepare for, and respond to coronavirus, may exercise the
    authorities of section 3(j) of the State Department Basic Authorities
    Act of 1956 (22 U.S.C. 2670(j)) to provide medical services or related
    support for private United States citizens, nationals, and permanent
    resident aliens abroad, or third country nationals connected to such
    persons or to the diplomatic or development missions of the United
    States abroad, who are unable to obtain such services or support
    otherwise:  Provided, That such assistance shall be provided on a
    reimbursable basis to the extent feasible:  Provided further,
    That <<NOTE: Reimbursements.>>  such reimbursements may be credited to
    the applicable Department of State appropriation and shall remain
    available until expended:  Provided further, That the Secretary shall
    prioritize providing medical services or related support to individuals
    eligible for the health program under section 904 of the Foreign Service
    Act of 1980 (22 U.S.C. 4084):  Provided further, That <<NOTE: Expiration
    date.>>  the authority made available pursuant to this section shall
    expire on September 30, 2022.

        Sec. 21009.  Notwithstanding section 6(b) of the Department of State
    Authorities Act of 2006 (Public Law 109-472; 120 Stat. 3556), during
    fiscal year 2020, passport and immigrant visa surcharges collected in
    any fiscal year pursuant to the fourth paragraph under the heading
    ``Diplomatic and Consular Programs'' in the Department of State and
    Related Agency Appropriations Act, 2005 (title IV of division B of
    Public Law 108-447; 8 U.S.C. 1714) may be obligated and expended for the
    costs of providing consular services:  Provided, That such funds should
    be prioritized for United States citizen services:  Provided further,
    That <<NOTE: Reports.>>  not later than 90 days after the expiration of
    this authority, the Secretary of State shall provide a report to the
    Committee on Appropriations and the Committee on Foreign Relations of
    the Senate and the Committee on Appropriations and the Committee on
    Foreign Affairs of the House of Representatives detailing the specific
    expenditures made pursuant to this authority:  Provided further, That
    the amount provided by this section is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

        Sec. 21010.  The
    Department <<NOTE: Contracts. Consultation. Notification. 22 USC 4084
    note.>>  of State and the United States Agency for International
    Development are authorized to enter into contracts with individuals for
    the provision of personal services (as described in section 104 of part
    37 of title 48, Code of Federal Regulations and including pursuant to
    section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to
    prevent, prepare for, and

    [[Page 134 STAT. 593]]

    respond to coronavirus, within the United States and abroad, subject to
    prior consultation with, and the notification procedures of, the
    Committee on Appropriations and the Committee on Foreign Relations of
    the Senate and the Committee on Appropriations and the Committee on
    Foreign Affairs of the House of Representatives:  Provided, That such
    individuals may not be deemed employees of the United States for the
    purpose of any law administered by the Office of Personnel
    Management: <<NOTE: Reports.>>   Provided further, That not later than
    15 days after utilizing this authority, the Secretary of State shall
    provide a report to the Committee on Appropriations and the Committee on
    Foreign Relations of the Senate and the Committee on Appropriations and
    the Committee on Foreign Affairs of the House of Representatives on the
    overall staffing needs for the Office of Medical Services:  Provided
    further, That <<NOTE: Expiration date.>>  the authority made available
    pursuant to this section shall expire on September 30, 2022.

        Sec. 21011.  Notwithstanding any <<NOTE: Oaths. 22 USC 2651a
    note.>>  other provision of law, the Secretary of State and the
    Administrator of the United States Agency for International Development
    may authorize any oath of office required by law to, in particular
    circumstances that could otherwise pose health risks, be administered
    remotely, subject to appropriate verification:  Provided,
    That <<NOTE: Reports.>>  prior to initially exercising the authority of
    this section, the Secretary and the Administrator shall each submit a
    report to the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and the
    Committee on Foreign Affairs of the House of Representatives describing
    the process and procedures for administering such oaths, including
    appropriate verification:  Provided further, That <<NOTE: Expiration
    date.>>  the authority made available pursuant to this section shall
    expire on September 30, 2021.

        Sec. 21012. (a) <<NOTE: Effective date. 22 USC 282p note.>>
    Purposes.--For purposes of strengthening the ability of foreign
    countries to prevent, prepare for, and respond to coronavirus and to the
    adverse economic impacts of coronavirus, in a manner that would protect
    the United States from the spread of coronavirus and mitigate an
    international economic crisis resulting from coronavirus that may pose a
    significant risk to the economy of the United States, each paragraph of
    subsection (b) shall take effect upon enactment of this Act.

        (b) Coronavirus Responses.--
                (1) International development association replenishment.--
            The International Development Association Act (22 U.S.C. 284 et
            seq.) is amended by adding at the end the following new section:
    ``SEC. 31. <<NOTE: 22 USC 284cc.>>  NINETEENTH REPLENISHMENT.

        ``(a) In General.--The United States Governor of the International
    Development Association is authorized to contribute on behalf of the
    United States $3,004,200,000 to the nineteenth replenishment of the
    resources of the Association, subject to obtaining the necessary
    appropriations.
        ``(b) Authorization of Appropriations.--In order to pay for the
    United States contribution provided for in subsection (a), there are
    authorized to be appropriated, without fiscal year limitation,
    $3,004,200,000 for payment by the Secretary of the Treasury.''.
                (2) International finance corporation authorization.--The
            International Finance Corporation Act (22 U.S.C.

    [[Page 134 STAT. 594]]

            282 et seq.) is amended by adding at the end the following new
            section:
    ``SEC. 18. <<NOTE: 22 USC 282p.>>  CAPITAL INCREASES AND AMENDMENT
                          TO THE ARTICLES OF AGREEMENT.

        ``(a) Votes Authorized.--The United States Governor of the
    Corporation is authorized to vote in favor of--
                ``(1) a resolution to increase the authorized capital stock
            of the Corporation by 16,999,998 shares, to implement the
            conversion of a portion of the retained earnings of the
            Corporation into paid-in capital, which will result in the
            United States being issued an additional 3,771,899 shares of
            capital stock, without any cash contribution;
                ``(2) a resolution to increase the authorized capital stock
            of the Corporation on a general basis by 4,579,995 shares; and
                ``(3) a resolution to increase the authorized capital stock
            of the Corporation on a selective basis by 919,998 shares.

        ``(b) Amendment of the Articles of Agreement.--The United States
    Governor of the Corporation is authorized to agree to and accept an
    amendment to article II, section 2(c)(ii) of the Articles of Agreement
    of the Corporation that would increase the vote by which the Board of
    Governors of the Corporation may increase the capital stock of the
    Corporation from a four-fifths majority to an eighty-five percent
    majority.''.
                (3) African development bank.--The African Development Bank
            Act (22 U.S.C. 290i et seq.) is amended by adding at the end the
            following new section:
    ``SEC. 1345. <<NOTE: 22 USC 290i-12.>>  SEVENTH CAPITAL INCREASE.

        ``(a) Subscription Authorized.--
                ``(1) In general.--The United States Governor of the Bank
            may subscribe on behalf of the United States to 532,023
            additional shares of the capital stock of the Bank.
                ``(2) Limitation.--Any subscription by the United States to
            the capital stock of the Bank shall be effective only to such
            extent and in such amounts as are provided in advance in
            appropriations Acts.

        ``(b) Authorization of Appropriations.--
                ``(1) In general.--In order to pay for the increase in the
            United States subscription to the Bank under subsection (a),
            there are authorized to be appropriated, without fiscal year
            limitation, $7,286,587,008 for payment by the Secretary of the
            Treasury.
                ``(2) Share types.--Of the amount authorized to be
            appropriated under paragraph (1)--
                        ``(A) $437,190,016 shall be for paid in shares of
                    the Bank; and
                        ``(B) $6,849,396,992 shall be for callable shares of
                    the Bank.''.
                (4) African development fund.--The African Development Fund
            Act (22 U.S.C. 290g et seq.) is amended by adding at the end the
            following new section:
    ``SEC. 226. <<NOTE: 22 USC 290g-25.>>  FIFTEENTH REPLENISHMENT.

        ``(a) In General.--The United States Governor of the Fund is
    authorized to contribute on behalf of the United States

    [[Page 134 STAT. 595]]

    $513,900,000 to the fifteenth replenishment of the resources of the
    Fund, subject to obtaining the necessary appropriations.
        ``(b) Authorization of Appropriations.--In order to pay for the
    United States contribution provided for in subsection (a), there are
    authorized to be appropriated, without fiscal year limitation,
    $513,900,000 for payment by the Secretary of the Treasury.''.
                (5) International monetary fund authorization for new
            arrangements to borrow.--
                        (A) In general.--Section 17 of the Bretton Woods
                    Agreements Act (22 U.S.C. 286e-2) is amended--
                              (i) in subsection (a)--
                                        (I) by redesignating paragraphs (3),
                                    (4), and (5) as paragraphs (4), (5), and
                                    (6), respectively;
                                        (II) by inserting after paragraph
                                    (2) the following new paragraph:
                ``(3) <<NOTE: Loans. Reports.>>  In order to carry out the
            purposes of a one-time decision of the Executive Directors of
            the International Monetary Fund (the Fund) to expand the
            resources of the New Arrangements to Borrow, established
            pursuant to the decision of January 27, 1997, referred to in
            paragraph (1), the Secretary of the Treasury is authorized to
            make loans, in an amount not to exceed the dollar equivalent of
            28,202,470,000 of Special Drawing Rights, in addition to any
            amounts previously authorized under this section, except that
            prior to activation of the New Arrangements to Borrow, the
            Secretary of the Treasury shall report to Congress whether
            supplementary resources are needed to forestall or cope with an
            impairment of the international monetary system and whether the
            Fund has fully explored other means of funding to the Fund.'';
                                        (III) in paragraph (5), as so
                                    redesignated, by striking ``paragraph
                                    (3)'' and inserting ``paragraph (4)'';
                                    and
                                        (IV) in paragraph (6), as so
                                    redesignated, by striking ``December 16,
                                    2022'' and inserting ``December 31,
                                    2025''; and
                              (ii) in subsection (e)(1) by striking
                          ``(a)(2),'' each place such term appears and
                          inserting ``(a)(2), (a)(3),''.
                        (B) Emergency designation.--The amount provided by
                    this paragraph is designated by the Congress as being
                    for an emergency requirement pursuant to section
                    251(b)(2)(A)(i) of the Balanced Budget and Emergency
                    Deficit Control Act of 1985.

                                    TITLE XII

                          DEPARTMENT OF TRANSPORTATION

                             Office of the Secretary

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'', $1,753,000,
    to remain available until expended, to prevent, prepare for, and respond
    to coronavirus, including necessary expenses for operating costs and
    capital outlays:  Provided, That such amounts are in addition to any
    other amounts made available for this purpose:  Provided further, That
    obligations of amounts under this

    [[Page 134 STAT. 596]]

    heading in this Act shall not be subject to the limitation on
    obligations under the heading ``Office of the Secretary--Working Capital
    Fund'' in division H of the Further Consolidated Appropriations Act,
    2020 (Public Law 116-94):  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                              essential air service

        In addition to funds provided to the ``Payments to Air Carriers''
    program in Public Law 116-94 to carry out the essential air service
    program under section 41731 through 41742 of title 49, United States
    Code, $56,000,000, to be derived from the general fund of the Treasury,
    and to be made available to the Essential Air Service and Rural
    Improvement Fund, to remain available until expended, to prevent,
    prepare for, and respond to coronavirus:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         Federal Aviation Administration

                           grants-in-aid for airports

        For an additional amount for ``Grants-In-Aid for Airports'',
    $10,000,000,000, to prevent, prepare for, and respond to coronavirus, to
    remain available until expended:  Provided, That amounts made available
    under this heading in this Act shall be derived from the general fund of
    the Treasury:  Provided further, That funds provided under this heading
    in this Act shall only be available to sponsors of airports defined in
    section 47102 of title 49, United States Code:  Provided further, That
    funds provided under this heading in this Act shall not otherwise be
    subject to the requirements of chapter 471 of such title:  Provided
    further, That notwithstanding <<NOTE: Applicability. Contracts.>>  the
    previous proviso, section 47112(b) of such title shall apply to funds
    provided for any contract awarded (after the date of enactment) for
    airport development and funded under this heading:  Provided further,
    That funds provided under this heading in this Act may not be used for
    any purpose not directly related to the airport:  Provided further, That
    of the amounts appropriated under this heading in this Act--
                (1) Not less than $500,000,000 shall be available to pay a
            Federal share of 100 percent of the costs for which a grant is
            made under Public Law 116-94:  Provided, That any remaining
            funds after the apportionment under this paragraph (1) shall be
            distributed as described in paragraph (2) under this heading in
            this Act;
                (2) Not less than $7,400,000,000 shall be available for any
            purpose for which airport revenues may lawfully be used:
            Provided, That 50 percent of such funds shall be allocated among
            all commercial service airports based on each sponsor's calendar
            year 2018 enplanements as a percentage of total 2018
            enplanements for all commercial service airports:  Provided
            further, That the remaining 50 percent of such funds shall be
            allocated among all commercial service airports based on an
            equal combination of each sponsor's fiscal year 2018 debt
            service as a percentage of the combined debt service for all
            commercial

    [[Page 134 STAT. 597]]

            service airports and each sponsor's ratio of unrestricted
            reserves to their respective debt service:  Provided further,
            That the Federal share payable of the costs for which a grant is
            made under this paragraph shall be 100 percent:
                (3) Up to $2,000,000,000 shall be available for any purpose
            for which airport revenues may lawfully be used, and: (A) be
            apportioned as set forth in section 47114(c)(1)(C)(i),
            47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, United States
            Code; (B) not be subject to the reduced apportionments of 49
            U.S.C. 47114(f); and (C) have no maximum apportionment limit,
            notwithstanding 47114(c)(1)(C)(iii) of title 49, United States
            Code:  Provided, That any remaining funds after the
            apportionment under this paragraph (3) shall be distributed as
            described in paragraph (2) under this heading in this Act:
            Provided further, That the Federal share payable of the costs
            for which a grant is made under this paragraph shall be 100
            percent; and
                (4) <<NOTE: Apportionment.>>  Not less than $100,000,000
            shall be for general aviation airports for any purpose for which
            airport revenues may lawfully be used, and, which the Secretary
            shall apportion directly to each eligible airport, as defined in
            section 47102(8) of title 49, United States Code, based on the
            categories published in the most current National Plan of
            Integrated Airport Systems, reflecting the percentage of the
            aggregate published eligible development costs for each such
            category, and then dividing the allocated funds evenly among the
            eligible airports in each category, rounding up to the nearest
            thousand dollars:  Provided, That the Federal share payable of
            the costs for which a grant is made under this paragraph shall
            be 100 percent:

      Provided further, That the Administrator of the Federal Aviation
    Administration may retain up to 0.1 percent of the funds provided under
    this heading in this Act to fund the award and oversight by the
    Administrator of grants made under this heading in this Act:  Provided
    further, That obligations of funds under this heading in this Act shall
    not be subject to any limitations on obligations provided in Public Law
    116-94:  Provided further, That <<NOTE: Workforce retention. Extension
    date.>>  all airports receiving funds under this heading in this Act
    shall continue to employ, through December 31, 2020, at least 90 percent
    of the number of individuals employed (after making adjustments for
    retirements or voluntary employee separations) by the airport as of the
    date of enactment of this Act:  Provided further, That <<NOTE: Waiver
    authority. Determination.>>  the Secretary may waive the workforce
    retention requirement in the previous proviso, if the Secretary
    determines the airport is experiencing economic hardship as a direct
    result of the requirement, or the requirement reduces aviation safety or
    security:  Provided further, That the workforce retention requirement
    shall not apply to nonhub airports or nonprimary airports receiving
    funds under this heading in this Act:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 134 STAT. 598]]

                   Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

        Of prior year unobligated contract authority and liquidating cash
    provided for Motor Carrier Safety in the Transportation Equity Act for
    the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59),
    or other appropriations or authorization acts, in addition to amounts
    already appropriated in fiscal year 2020 for ``Motor Carrier Safety
    Operations and Programs'', $150,000 in additional obligation limitation
    is provided and repurposed for obligations incurred to support
    activities to prevent, prepare for, and respond to coronavirus.

                         Federal Railroad Administration

                              safety and operations

        For an additional amount for ``Safety and Operations'', $250,000, to
    remain available until September 30, 2021, to prevent, prepare for, and
    respond to coronavirus:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    northeast corridor grants to the national railroad passenger corporation

                          (including transfer of funds)

        For an additional amount for ``Northeast Corridor Grants to the
    National Railroad Passenger Corporation'', $492,000,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, including to enable the Secretary of Transportation to make
    or amend existing grants to the National Railroad Passenger Corporation
    for activities associated with the Northeast Corridor, as authorized by
    section 11101(a) of the Fixing America's Surface Transportation Act
    (division A of Public Law 114-94):  Provided, That amounts made
    available under this heading in this Act may be transferred to and
    merged with ``National Network Grants to the National Railroad Passenger
    Corporation'' to prevent, prepare for, and respond to coronavirus:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

     national network grants to the national railroad passenger corporation

                          (including transfer of funds)

        For an additional amount for ``National Network Grants to the
    National Railroad Passenger Corporation'', $526,000,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, including to enable the 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

    [[Page 134 STAT. 599]]

    America's Surface Transportation Act (division A of Public Law 114-94):
    Provided, That a State shall not be required to pay the National
    Railroad Passenger Corporation more than 80 percent of the amount paid
    in fiscal year 2019 under section 209 of the Passenger Rail Investment
    and Improvement Act of 2008 (Public Law 110-432) and that not less than
    $239,000,000 of the amounts made available under this heading in this
    Act shall be made available for use in lieu of any increase in a State's
    payment:  Provided further, That amounts made available under this
    heading in this Act may be transferred to and merged with ``Northeast
    Corridor Grants to the National Railroad Passenger Corporation'' to
    prevent, prepare for, and respond to coronavirus:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         Federal Transit Administration

                          transit infrastructure grants

        For an additional amount for ``Transit Infrastructure Grants'',
    $25,000,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus:  Provided, That the Secretary of
    Transportation shall provide funds appropriated under this heading in
    this Act as if such funds were provided under section 5307 of title 49,
    United States Code, and section 5311 of title 49, United States Code and
    apportion such funds in accordance with section 5336 of such title
    (other than subsections (h)(1) and (h)(4)), section 5311 (other than
    subsection (b)(3) and (c)(1)(A)), section 5337 and section 5340 of title
    49, United States Code, and apportion such funds in accordance with such
    sections except that funds apportioned under section 5337 shall be added
    to funds apportioned under 5307 for administration under 5307:  Provided
    further, That the Secretary shall allocate the amounts provided in the
    preceding proviso under sections 5307, 5311, 5337, and 5340 of title 49,
    United States Code, among such sections in the same ratio as funds were
    provided in the fiscal year 2020 appropriations:  Provided further,
    That <<NOTE: Apportionment. Deadline.>>  funds apportioned under this
    heading in this Act shall be apportioned not later than 7 days after the
    date of enactment of this Act:  Provided further, That funds shall be
    apportioned using the fiscal year 2020 apportionment formulas:  Provided
    further, That not more than three-quarters of 1 percent, but not to
    exceed $75,000,000, of the funds for transit infrastructure grants
    provided under this heading in this Act shall be available for
    administrative expenses and ongoing program management oversight as
    authorized under sections 5334 and 5338(f)(2) of title 49, United States
    Code, and shall be in addition to any other appropriations for such
    purpose:  Provided further, That <<NOTE: Effective
    date. Reimbursements.>>  notwithstanding subsection (a)(1) or (b) of
    section 5307 of title 49, United States Code, funds provided under this
    heading are available for the operating expenses of transit agencies
    related to the response to a coronavirus public health emergency as
    described in section 319 of the Public Health Service Act, including,
    beginning on January 20, 2020, reimbursement for operating costs to
    maintain service and lost revenue due to the coronavirus public health
    emergency, including the purchase of personal protective equipment, and
    paying the administrative leave of operations personnel due

    [[Page 134 STAT. 600]]

    to reductions in service:  Provided further, That such operating
    expenses are not required to be included in a transportation improvement
    program, long-range transportation, statewide transportation plan, or a
    statewide transportation improvement program:  Provided further, That
    the Secretary shall not waive the requirements of section 5333 of title
    49, United States Code, for funds appropriated under this heading in
    this Act or for funds previously made available under section 5307 of
    title 49, United States Code, or sections 5311, 5337, or 5340 of such
    title as a result of the coronavirus:  Provided further,
    That <<NOTE: Applicability.>>  unless otherwise specified, applicable
    requirements under chapter 53 of title 49, United States Code, shall
    apply to funding made available under this heading in this Act, except
    that the Federal share of the costs for which any grant is made under
    this heading in this Act shall be, at the option of the recipient, up to
    100 percent:  Provided further, That the amount made available under
    this heading in this Act shall be derived from the general fund and
    shall not be subject to any limitation on obligations for transit
    programs set forth in any Act:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                             Maritime Administration

                             operations and training

        For an additional amount for ``Operations and Training'',
    $3,134,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus:  Provided, That of the amounts
    made available under this heading in this Act, $1,000,000 shall be for
    the operations of the United States Merchant Marine Academy:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                        state maritime academy operations

        For an additional amount for ``State Maritime Academy Operations'',
    $1,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus: <<NOTE: Payments.>>   Provided,
    That amounts made available under this heading in this Act shall be for
    direct payments for State Maritime Academies:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                           Office of Inspector General

                              salaries and expenses

        For an additional amount for ``Office of Inspector General'',
    $5,000,000, to remain available until expended, to prevent, prepare for,
    and respond to coronavirus:  Provided,
    That <<NOTE: Audits. Investigations.>>  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

    [[Page 134 STAT. 601]]

    funds made available in this Act to the Department of Transportation to
    prevent, prepare for, and respond to coronavirus:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                          Management and Administration

                         administrative support offices

        For an additional amount for ``Administrative Support Offices'',
    $35,000,000, to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, for the Office of the Chief
    Financial Officer, including for Department-wide salaries and expenses,
    Information Technology purposes, and to support the Department's
    workforce in a telework environment:  Provided, That the amounts
    provided under this heading in this Act shall be in addition to amounts
    otherwise available for such purposes, including amounts made available
    under the heading ``Program Offices'' in this Act:  Provided further,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                                 program offices

        For an additional amount for ``Program Offices'', $15,000,000, to
    remain available until September 30, 2021, to prevent, prepare for, and
    respond to coronavirus:  Provided, That of the sums appropriated under
    this heading in this Act--
                (1) $5,000,000 shall be available for the Office of Public
            and Indian Housing; and
                (2) $10,000,000 shall be available for the Office of
            Community Planning and Development:

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

                            Public and Indian Housing

                         tenant-based rental assistance

        For an additional amount for ``Tenant-Based Rental Assistance'',
    $1,250,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, including to provide additional funds
    for public housing agencies to maintain normal operations and take other
    necessary actions during the period that the program is impacted by
    coronavirus:  Provided, That of the amounts made available under this
    heading in this Act, $850,000,000 shall be available for both
    administrative expenses and other expenses of public housing agencies
    for their section 8 programs, including Mainstream vouchers:  Provided
    further, That such other expenses shall be new eligible activities to be
    defined by the Secretary and shall include activities to support or
    maintain the health and safety of assisted individuals and families, and

    [[Page 134 STAT. 602]]

    costs related to retention and support of participating owners:
    Provided further, That amounts made available under paragraph (3) under
    this heading in Public Law 116-94 may be used for such other expenses,
    as described in the previous proviso, in addition to their other
    available uses:  Provided further, That <<NOTE: Determination.>>  of the
    amounts made available under this heading in this Act, $400,000,000
    shall be available for adjustments in the calendar year 2020 section 8
    renewal funding allocations, in addition to any other appropriations
    available for such purpose, including Mainstream vouchers, for public
    housing agencies that experience a significant increase in voucher per-
    unit costs due to extraordinary circumstances or that, despite taking
    reasonable cost savings measures, as determined by the Secretary, would
    otherwise be required to terminate rental assistance for families as a
    result of insufficient funding:  Provided further,
    That <<NOTE: Determination.>>  the Secretary shall allocate amounts
    provided in the previous proviso based on need, as determined by the
    Secretary:  Provided further, That <<NOTE: Waiver authority.>>  the
    Secretary may waive, or specify alternative requirements for, any
    provision of any statute or regulation that the Secretary administers in
    connection with the use of the amounts made available under this heading
    and the same heading of Public Law 116-94 (except for requirements
    related to fair housing, nondiscrimination, labor standards, and the
    environment), upon a finding by the Secretary that any such waivers or
    alternative requirements are necessary for the safe and effective
    administration of these funds, consistent with the purposes described
    under this heading in this Act, to prevent, prepare for, and respond to
    coronavirus:  Provided further, That <<NOTE: Notification. Public
    information. Federal Register, publication. Web
    posting. Determination.>>  the Secretary shall notify the public through
    the Federal Register or other appropriate means of any such waiver or
    alternative requirement to ensure the most expeditious allocation of
    this funding, and in order for such waiver or alternative requirement to
    take effect, and that such public notice may be provided, at a minimum,
    on the Internet at the appropriate Government web site or through other
    electronic media, as determined by the Secretary:  Provided further,
    That any such waivers or alternative requirements shall remain in effect
    for the time and duration specified by the Secretary in such public
    notice and may be extended if necessary upon additional notice by the
    Secretary:  Provided further, That to prevent, prepare for, and respond
    to coronavirus, the notification required by section 223 of Public Law
    116-6 and section 221 of Public Law 116-94 shall not apply to the award
    of amounts provided under paragraph (2) of this heading in Public Law
    116-6 or under paragraph (7)(B) of this heading in Public Law 116-94 in
    support of the family unification program under section 8(x) of such
    Act:  Provided further, That the Secretary may award any remaining
    unobligated balances appropriated under this heading in prior Acts for
    incremental tenant-based assistance contracts under section 811 of the
    Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), to
    prevent, prepare for, and respond to coronavirus, without competition,
    including for extraordinary administrative fees:  Provided further,
    That <<NOTE: Time periods. Deadline.>>  no less than 25 percent of such
    amounts shall be allocated proportionally to public housing agencies who
    received awards in the 2017 and 2019 competitions for such purposes
    within 60 days of enactment of this Act:  Provided further,
    That <<NOTE: Applicability.>>  the waiver and alternative requirements
    authority provided under this heading

    [[Page 134 STAT. 603]]

    in this Act shall also apply to such incremental tenant-based assistance
    contract amounts:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                          public housing operating fund

        For an additional amount for ``Public Housing Operating Fund'', as
    authorized by section 9(e) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(e)), $685,000,000, to remain available until September 30,
    2021, to prevent, prepare for, and respond to coronavirus, including to
    provide additional funds for public housing agencies to maintain normal
    operations and take other necessary actions during the period that the
    program is impacted by coronavirus:  Provided, That the amount provided
    under this heading in this Act shall be combined with the amount
    appropriated for the same purpose under the same heading of Public Law
    116-94, and distributed to all public housing agencies pursuant to the
    Operating Fund formula at part 990 of title 24, Code of Federal
    Regulations:  Provided further, That <<NOTE: Time period.>>  for the
    period from the enactment of this Act through December 31, 2020, such
    combined total amount may be used for eligible activities under
    subsections (d)(1) and (e)(1) of such section 9 and for other expenses
    related to preventing, preparing for, and responding to coronavirus,
    including activities to support or maintain the health and safety of
    assisted individuals and families, and activities to support education
    and child care for impacted families:  Provided further, That amounts
    made available under the headings ``Public Housing Operating Fund'' and
    ``Public Housing Capital Fund'' in prior Acts, except for any set-asides
    listed under such headings, may be used for all of the purposes
    described in the previous proviso:  Provided further, That <<NOTE: Time
    periods.>>  the expanded uses and funding flexibilities described in the
    previous two provisos shall be available to all public housing agencies
    through December 31, 2020, except that the Secretary may extend the
    period under which such flexibilities shall be available in additional
    12 month increments upon a finding that individuals and families
    assisted by the public housing program continue to require expanded
    services due to coronavirus: <<NOTE: Waiver authority.>>   Provided
    further, That the Secretary may waive, or specify alternative
    requirements for, any provision of any statute or regulation that the
    Secretary administers in connection with the use of such combined total
    amount or funds made available under the headings ``Public Housing
    Operating Fund'' and ``Public Housing Capital Fund'' in prior Acts
    (except for requirements related to fair housing, nondiscrimination,
    labor standards, and the environment), upon a finding by the Secretary
    that any such waivers or alternative requirements are necessary for the
    safe and effective administration of these funds to prevent, prepare
    for, and respond to coronavirus:  Provided further,
    That <<NOTE: Notification. Public information. Federal
    Register, publication. Web posting. Determination.>>  the Secretary
    shall notify the public through the Federal Register or other
    appropriate means of any such waiver or alternative requirement, to
    ensure the most expeditious allocation of this funding, in order for
    such waiver or alternative requirement to take effect, and that such
    public notice may be provided, at a minimum, on the Internet at the
    appropriate Government web site or through other electronic media, as
    determined by the Secretary:  Provided further, That any such waivers or
    alternative

    [[Page 134 STAT. 604]]

    requirements shall remain in effect for the time and duration specified
    by the Secretary in such public notice and may be extended if necessary
    upon additional notice by the Secretary:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                            native american programs

        For an additional amount for ``Native American Programs'',
    $300,000,000, to remain available until September 30, 2024, to prevent,
    prepare for, and respond to coronavirus, for activities and assistance
    authorized under title I of the Native American Housing Assistance and
    Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), and
    under title I of the Housing and Community Development Act of 1974 with
    respect to Indian tribes (42 U.S.C. 5306(a)(1)):  Provided, That the
    amounts made available under this heading in this Act are as follows:
                (1) No less than $200,000,000 shall be available for the
            Native American Housing Block Grants program, as authorized
            under title I of NAHASDA:  Provided, That amounts made available
            under this paragraph shall be distributed according to the same
            funding formula used in fiscal year 2020:  Provided further,
            That such amounts shall be used by recipients to prevent,
            prepare for, and respond to coronavirus, including to maintain
            normal operations and fund eligible affordable housing
            activities under NAHASDA during the period that the program is
            impacted by coronavirus: <<NOTE: Reimbursements.>>   Provided
            further, That amounts provided under this heading in this Act
            may be used to cover or reimburse allowable costs to prevent,
            prepare for, and respond to coronavirus that are incurred by a
            recipient, including for costs incurred prior to the date of
            enactment of this Act:  Provided further, That <<NOTE: Waiver
            authority.>>  the Secretary may waive, or specify alternative
            requirements for, any provision of any statute or regulation
            that the Secretary administers in connection with the use of
            amounts made available under this paragraph or under the same
            paragraph in Public Law 116-94 (except for requirements related
            to fair housing, nondiscrimination, labor standards, and the
            environment), upon a finding by the Secretary that any such
            waivers or alternative requirements are necessary to expedite or
            facilitate the use of such amounts to prevent, prepare for, and
            respond to coronavirus:  Provided further,
            That <<NOTE: Effective date. Applicability.>>  any such waivers
            shall be deemed to be effective as of the date an Indian tribe
            or tribally designated housing entity began preparing for
            coronavirus and shall apply to the amounts made available under
            this paragraph and to the previously appropriated amounts
            described in the previous proviso; and
                (2) <<NOTE: Grants.>>  Up to $100,000,000 shall be available
            for grants to Indian tribes under the Indian Community
            Development Block Grant program under title I of the Housing and
            Community Development Act of 1974, notwithstanding section
            106(a)(1) of such Act, to prevent, prepare for, and respond to
            coronavirus, for emergencies that constitute imminent threats to
            health and safety:  Provided, That the Secretary shall
            prioritize, without competition, allocations of these amounts
            for activities and projects designed to prevent, prepare for,
            and respond to

    [[Page 134 STAT. 605]]

            coronavirus:  Provided further, That not to exceed 20 percent of
            any grant made with funds appropriated under this paragraph
            shall be expended for planning and management development and
            administration:  Provided further, That amounts provided under
            this heading in this Act may be used to cover or reimburse
            allowable costs to prevent, prepare for, and respond to
            coronavirus incurred by a recipient, including for costs
            incurred prior to the date of enactment of this Act:  Provided
            further, That, notwithstanding section 105(a)(8) of such Act (42
            U.S.C. 5305(a)(8)), there shall be no per centum limitation for
            the use of funds for public services activities to prevent,
            prepare for, and respond to
            coronavirus: <<NOTE: Applicability. Grants.>>   Provided
            further, That the previous proviso shall apply to all such
            activities for grants of funds made available under this
            paragraph or under paragraph (4) of this heading in Public Law
            116-94:  Provided further, That the Secretary may waive, or
            specify alternative requirements for, any provision of any
            statute or regulation that the Secretary administers in
            connection with the use of amounts made available under this
            paragraph or under paragraph (4) in Public Law 116-94 (except
            for requirements related to fair housing, nondiscrimination,
            labor standards, and the environment), upon a finding by the
            Secretary that any such waivers or alternative requirements are
            necessary to expedite or facilitate the use of such amounts to
            prevent, prepare for, and respond to coronavirus:  Provided
            further, That <<NOTE: Effective date. Applicability.>>  any such
            waivers shall be deemed to be effective as of the date an Indian
            tribe began preparing for coronavirus and shall apply to the
            amounts made available under this paragraph and to the
            previously appropriated amounts described in the previous
            proviso:

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

                       Community Planning and Development

                   housing opportunities for persons with aids

        For an additional amount for carrying out the ``Housing
    Opportunities for Persons with AIDS'' program, as authorized by the AIDS
    Housing Opportunity Act (42 U.S.C. 12901 et seq.), $65,000,000, to
    remain available until September 30, 2021, except that amounts allocated
    pursuant to section 854(c)(5) of such Act shall remain available until
    September 30, 2022, to provide additional funds to maintain operations
    and for rental assistance, supportive services, and other necessary
    actions, in order to prevent, prepare for, and respond to coronavirus:
    Provided, That not less than $50,000,000 of the amount provided under
    this heading in this Act shall be allocated pursuant to the formula in
    section 854 of such Act using the same data elements as utilized
    pursuant to that same formula in fiscal year 2020: <<NOTE: Grants.>>
    Provided further, That up to $10,000,000 of the amount provided under
    this heading in this Act shall be to provide an additional one-time,
    non-renewable award to grantees currently administering existing
    contracts for permanent supportive housing that initially were funded
    under section 854(c)(5) of such Act from funds made available under

    [[Page 134 STAT. 606]]

    this heading in fiscal year 2010 and prior years:  Provided further,
    That such awards shall be made proportionally to their existing grants:
    Provided further, That such awards are not required to be spent on
    permanent supportive housing: <<NOTE: Time period.>>   Provided further,
    That, notwithstanding section 859(b)(3)(B) of such Act, housing payment
    assistance for rent, mortgage, or utilities payments may be provided for
    a period of up to 24 months:  Provided further, That, to protect persons
    who are living with HIV/AIDS, such amounts provided under this heading
    in this Act may be used to self-isolate, quarantine, or to provide other
    coronavirus infection control services as recommended by the Centers for
    Disease Control and Prevention for household members not living with
    HIV/AIDS:  Provided further, That such amounts may be used to provide
    relocation services, including to provide lodging at hotels, motels, or
    other locations, for persons living with HIV/AIDS and household members
    not living with HIV/AIDS:  Provided further, That, notwithstanding
    section 856(g) of such Act (42 U.S.C. 12905(g)), a grantee may use up to
    6 percent of its award under this Act for administrative purposes, and a
    project sponsor may use up to 10 percent of its sub-award under this Act
    for administrative purposes: <<NOTE: Reimbursements.>>   Provided
    further, That such amounts provided under this heading in this Act may
    be used to cover or reimburse allowable costs consistent with the
    purposes of this heading incurred by a grantee or project sponsor
    regardless of the date on which such costs were incurred:  Provided
    further, That <<NOTE: Waiver authority. Effective date.>>  any
    regulatory waivers the Secretary may issue may be deemed to be effective
    as of the date a grantee began preparing for coronavirus:  Provided
    further, That <<NOTE: Applicability. Notification.>>  any additional
    activities or authorities authorized pursuant to this Act may also apply
    at the discretion and upon notice of the Secretary to all amounts made
    available under this same heading in Public Law 116-94 if such amounts
    are used by grantees for the purposes described under this heading:
    Provided further, That up to 2 percent of amounts made available under
    this heading in this Act may be used, without competition, to increase
    prior awards made to existing technical assistance providers to provide
    an immediate increase in capacity building and technical assistance
    available to grantees under this heading and under the same heading in
    prior Acts:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                           community development fund

        For an additional amount for ``Community Development Fund'',
    $5,000,000,000, to remain available until September 30, 2022, to
    prevent, prepare for, and respond to coronavirus: <<NOTE: Deadline.>>
    Provided, That up to $2,000,000,000 of the amount made available under
    this heading in this Act shall be distributed pursuant to section 106 of
    the Housing and Community Development Act of 1974 (42 U.S.C. 5306) to
    grantees that received allocations pursuant to that same formula in
    fiscal year 2020, and that such allocations shall be made within 30 days
    of enactment of this Act:  Provided further, That, in
    addition <<NOTE: Deadline. Determination.>>  to amounts allocated
    pursuant to the preceding proviso, an additional $1,000,000,000 shall be
    allocated directly to States and insular areas, as defined by 42 U.S.C.
    5302(a), to prevent, prepare for, and respond to coronavirus within the
    State

    [[Page 134 STAT. 607]]

    or insular area, including activities within entitlement and
    nonentitlement communities, based on public health needs, risk of
    transmission of coronavirus, number of coronavirus cases compared to the
    national average, and economic and housing market disruptions, and other
    factors, as determined by the Secretary, using best available data and
    that such allocations shall be made within 45 days of enactment of this
    Act:  Provided further, That <<NOTE: Determination.>>  remaining amounts
    shall be distributed directly to the State or unit of general local
    government, at the discretion of the Secretary, according to a formula
    based on factors to be determined by the Secretary, prioritizing risk of
    transmission of coronavirus, number of coronavirus cases compared to the
    national average, and economic and housing market disruptions resulting
    from coronavirus:  Provided further, That such allocations may be made
    on a rolling basis based on the best available data at the time of
    allocation:  Provided further, That <<NOTE: Reimbursements.>>  amounts
    made available in the preceding provisos may be used to cover or
    reimburse allowable costs consistent with the purposes of this heading
    in this Act incurred by a State or locality regardless of the date on
    which such costs were incurred:  Provided further,
    That <<NOTE: Deadline.>>  section 116(b) of such Act (42 U.S.C. 5316(b))
    and any implementing regulations, which requires grantees to submit
    their final statements of activities no later than August 16 of a given
    fiscal year, shall not apply to final statements submitted in accordance
    with sections 104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2) and
    (a)(3)) and comprehensive housing affordability strategies submitted in
    accordance with section 105 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 12705) for fiscal years 2019 and 2020:  Provided
    further, That <<NOTE: Deadline.>>  such final statements and
    comprehensive housing affordability strategies shall instead be
    submitted no later than August 16, 2021:  Provided further,
    That <<NOTE: Waiver authority.>>  the Secretary may waive, or specify
    alternative requirements for, any provision of any statute or regulation
    that the Secretary administers in connection with the use of amounts
    made available under this heading in this Act and under the same heading
    in Public Law 116-94 and Public Law 116-6 (except for requirements
    related to fair housing, nondiscrimination, labor standards, and the
    environment), upon a finding by the Secretary that any such waivers or
    alternative requirements are necessary to expedite or facilitate the use
    of such amounts to prevent, prepare for, and respond to coronavirus:
    Provided further, That up to $10,000,000 of amounts made available under
    this heading in this Act may be used to make new awards or increase
    prior awards to existing technical assistance providers, without
    competition, to provide an immediate increase in capacity building and
    technical assistance to support the use of amounts made available under
    this heading in this Act and under the same heading in prior Acts to
    prevent, prepare for, and respond to coronavirus:  Provided further,
    That, notwithstanding sections 104(a)(2), (a)(3), and (c) of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), and
    (c)) and section 105 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 12705), a grantee may adopt and utilize expedited
    procedures to prepare, propose, modify, or amend its statement of
    activities for grants from amounts made available under this heading in
    this Act and under the same heading in Public Law 116-94 and Public Law
    116-6:  Provided further, That <<NOTE: Notice. Deadline.>>  under such
    expedited procedures, the grantee need not hold in-person public
    hearings,

    [[Page 134 STAT. 608]]

    but shall provide citizens with notice and a reasonable opportunity to
    comment of no less than 5 days:  Provided further, That, <<NOTE: Virtual
    hearings.>>  for as long as national or local health authorities
    recommend social distancing and limiting public gatherings for public
    health reasons, a grantee may create virtual public hearings to fulfill
    applicable public hearing requirements for all grants from funds made
    available under this heading in this Act and under the same heading in
    Public Law 116-94 and Public Law 116-6:  Provided further, That
    any <<NOTE: Notification. Public information. Certifications.>>  such
    virtual hearings shall provide reasonable notification and access for
    citizens in accordance with the grantee's certifications, timely
    responses from local officials to all citizen questions and issues, and
    public access to all questions and responses:  Provided further, That,
    notwithstanding section 105(a)(8) of the Housing and Community
    Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per
    centum limitation for the use of funds for public services activities to
    prevent, prepare for, and respond to coronavirus:  Provided further,
    That <<NOTE: Applicability. Grants.>>  the previous proviso shall apply
    to all such activities for grants of funds made available under this
    heading in this Act and under the same heading in Public Law 116-94 and
    Public Law 116-6: <<NOTE: Procedures.>>   Provided further, That the
    Secretary shall ensure there are adequate procedures in place to prevent
    any duplication of benefits as required by section 312 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155)
    and in accordance with section 1210 of the Disaster Recovery Reform Act
    of 2018 (division D of Public Law 115-254; 132 Stat. 3442), which
    amended section 312 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5155):  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                           homeless assistance grants

        For an additional amount for ``Homeless Assistance Grants'',
    $4,000,000,000, to remain available until September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, among individuals and
    families who are homeless or receiving homeless assistance and to
    support additional homeless assistance and homelessness prevention
    activities to mitigate the impacts created by coronavirus under the
    Emergency Solutions Grants program as authorized under subtitle B of
    title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371
    et seq.), as amended: <<NOTE: Deadline.>>   Provided, That up to
    $2,000,000,000 of the amount appropriated under this heading in this Act
    shall be distributed pursuant to 24 CFR 576.3 to grantees that received
    allocations pursuant to that same formula in fiscal year 2020, and that
    such allocations shall be made within 30 days of enactment of this Act:
    Provided further, That, <<NOTE: Deadline.>>  remaining amounts shall be
    allocated directly to a State or unit of general local government by a
    formula to be developed by the Secretary and that such allocations shall
    be made within 90 days of enactment of this Act:  Provided further,
    That <<NOTE: Determinations.>>  such formula shall allocate such amounts
    for the benefit of unsheltered homeless, sheltered homeless, and those
    at risk of homelessness, to geographical areas with the greatest need
    based on factors to be determined by the Secretary, such as risk of
    transmission of coronavirus, high numbers or rates of sheltered and
    unsheltered homeless, and economic and

    [[Page 134 STAT. 609]]

    housing market conditions as determined by the Secretary:  Provided
    further, That <<NOTE: Determination.>>  individuals and families whose
    income does not exceed the Very Low-Income Limit of the area, as
    determined by the Secretary, shall be considered ``at risk of
    homelessness'' and shall be eligible for homelessness prevention if they
    meet the criteria in section 401(1)(B) and (C) of such Act (42 U.S.C.
    11360(1)(B) and (C)):  Provided further, That <<NOTE: Reimbursements.>>
    amounts provided under this heading in this Act may be used to cover or
    reimburse allowable costs to prevent, prepare for, and respond to
    coronavirus that are incurred by a State or locality, including for
    costs incurred prior to the date of enactment of this Act:  Provided
    further, That recipients may deviate from applicable procurement
    standards when procuring goods and services to prevent, prepare for, and
    respond to coronavirus:  Provided further, That a recipient may use up
    to 10 percent of its allocation for administrative purposes:  Provided
    further, That <<NOTE: Publication. Web posting.>>  the use of amounts
    provided under this heading in this Act shall not be subject to the
    consultation, citizen participation, or match requirements that
    otherwise apply to the Emergency Solutions Grants program, except that a
    recipient must publish how it has and will utilize its allocation, at a
    minimum, on the Internet at the appropriate Government web site or
    through other electronic media:  Provided further, That the spending cap
    established pursuant to section 415(b) of such Act (42 U.S.C. 11374)
    shall not apply to amounts provided under this heading in this Act:
    Provided further, That <<NOTE: Shelters.>>  amounts provided under this
    heading in this Act may be used to provide temporary emergency shelters
    (through leasing of existing property, temporary structures, or other
    means) to prevent, prepare for, and respond to coronavirus, and that
    such temporary emergency shelters shall not be subject to the minimum
    periods of use required by section 416(c)(1) of such Act (42 U.S.C.
    11375(c)(1)):  Provided further, That Federal habitability and
    environmental review standards and requirements shall not apply to the
    use of such amounts for those temporary emergency shelters that have
    been determined by State or local health officials to be necessary to
    prevent, prepare for, and respond to coronavirus:  Provided further,
    That <<NOTE: Hazard pay.>>  amounts provided under this heading in this
    Act may be used for training on infectious disease prevention and
    mitigation and to provide hazard pay, including for time worked prior to
    the date of enactment of this Act, for staff working directly to
    prevent, prepare for, and respond to coronavirus among persons who are
    homeless or at risk of homelessness, and that such activities shall not
    be considered administrative costs for purposes of the 10 percent cap:
    Provided further, That <<NOTE: Waiver authority.>>  in administering the
    amounts made available under this heading in this Act, the Secretary may
    waive, or specify alternative requirements for, any provision of any
    statute or regulation that the Secretary administers in connection with
    the obligation by the Secretary or the use by the recipient of these
    amounts (except for requirements related to fair housing,
    nondiscrimination, labor standards, and the environment unless otherwise
    provided under this paragraph), if the Secretary finds that good cause
    exists for the waiver or alternative requirement and such waiver or
    alternative requirement is necessary to prevent, prepare for, and
    respond to coronavirus: <<NOTE: Effective date. Applicability.>>
    Provided further, That any such waivers shall be deemed to be effective
    as of the date a State or unit of local government began preparing for
    coronavirus and shall apply to the use of amounts provided under this
    heading in this Act and amounts provided under the same heading for

    [[Page 134 STAT. 610]]

    the Emergency Solutions Grant program in prior Acts used by recipients
    to prevent, prepare for, and respond to coronavirus:  Provided further,
    That <<NOTE: Notification. Public information. Federal
    Register, publication. Web
    posting. Determination. Waivers. Applicability. Notification.>>  the
    Secretary shall notify the public through the Federal Register or other
    appropriate means of any such waiver or alternative requirement, and
    that such public notice may be provided, at a minimum, on the Internet
    at the appropriate Government web site or through other electronic
    media, as determined by the Secretary:  Provided further, That any
    additional activities or authorities authorized pursuant to this Act,
    including any waivers and alternative requirements established by the
    Secretary pursuant to this Act, may also apply at the discretion and
    upon notice of the Secretary with respect to all amounts made available
    for the Emergency Solutions Grants program under the heading ``Homeless
    Assistance Grants'' in any prior Act and used by recipients to prevent,
    prepare for, and respond to coronavirus:  Provided further, That up to 1
    percent of amounts made available under this heading in this Act may be
    used to make new awards or increase prior awards made to existing
    technical assistance providers with experience in providing health care
    services to homeless populations, without competition, to provide an
    immediate increase in capacity building and technical assistance
    available to recipients of amounts for the Emergency Solutions Grants
    program under this heading in this Act and under the same heading in
    prior Acts:  Provided further, That none of the funds provided under
    this heading in this Act 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:  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 Programs

                         project-based rental assistance

        For an additional amount for ``Project-Based Rental Assistance'',
    $1,000,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, including to provide additional funds
    to maintain normal operations and take other necessary actions during
    the period that the program is impacted by coronavirus, for assistance
    to owners or sponsors of properties receiving project-based assistance
    pursuant to section 8 of the United States Housing Act of 1937 (42
    U.S.C. 1437f et seq.):  Provided, That <<NOTE: Waiver authority.>>  the
    Secretary may waive, or specify alternative requirements for, any
    provision of any statute or regulation that the Secretary administers in
    connection with the use of amounts made available under this heading in
    this Act (except for requirements related to fair housing,
    nondiscrimination, labor standards, and the environment), upon a finding
    by the Secretary that any such waivers or alternative requirements are
    necessary to expedite or facilitate the use of such amounts to prevent,
    prepare for, and respond to coronavirus, and such waiver or alternative
    requirement is consistent with the purposes described under this heading
    in this Act:  Provided further, That <<NOTE: Notification. Public
    information. Federal Register, publication. Web
    posting. Determination.>>  the Secretary shall notify the public through
    the Federal Register or other appropriate means of any such waiver or
    alternative requirement in order for such

    [[Page 134 STAT. 611]]

    waiver or alternative requirement to take effect, and that such public
    notice may be provided, at a minimum, on the Internet at the appropriate
    Government web site or through other electronic media, as determined by
    the Secretary:  Provided further, That such amount is designated by the
    Congress as 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

        For an additional amount for ``Housing for the Elderly'',
    $50,000,000, to remain available until September 30, 2023, to prevent,
    prepare for, and respond to coronavirus, including to provide additional
    funds to maintain normal operations and take other necessary actions
    during the period that the program is impacted by coronavirus, for
    assistance to owners or sponsors of properties receiving project-based
    assistance pursuant to section 202 of the Housing Act of 1959 (12 U.S.C.
    1701q), as amended:  Provided, That of the amount provided under this
    heading in this Act, up to $10,000,000 shall be for service coordinators
    and the continuation of existing congregate service grants for residents
    of assisted housing projects:  Provided further, That <<NOTE: Waiver
    authority.>>  the Secretary may waive, or specify alternative
    requirements for, any provision of any statute or regulation that the
    Secretary administers in connection with the use of amounts made
    available under this heading in this Act (except for requirements
    related to fair housing, nondiscrimination, labor standards, and the
    environment), upon a finding by the Secretary that any such waivers or
    alternative requirements are necessary to expedite or facilitate the use
    of such amounts to prevent, prepare for, and respond to coronavirus, and
    such waiver or alternative requirement is consistent with the purposes
    described under this heading in this Act:  Provided further,
    That <<NOTE: Notification. Public information. Federal
    Register, publication. Web posting. Determination.>>  the Secretary
    shall notify the public through the Federal Register or other
    appropriate means of any such waiver or alternative requirement in order
    for such waiver or alternative requirement to take effect, and that such
    public notice may be provided, at a minimum, on the Internet at the
    appropriate Government web site or through other electronic media, as
    determined by the Secretary:  Provided further, That such amount is
    designated by the Congress as 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

        For an additional amount for ``Housing for Persons with
    Disabilities'', $15,000,000, to remain available until September 30,
    2023, to prevent, prepare for, and respond to coronavirus, including to
    provide additional funds to maintain normal operations and take other
    necessary actions during the period that the program is impacted by
    coronavirus, for assistance to owners or sponsors of properties
    receiving project-based assistance pursuant to section 811 of the
    Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as
    amended:  Provided, That <<NOTE: Waiver authority.>>  the Secretary may
    waive, or specify alternative requirements for, any provision of any
    statute or regulation that the Secretary administers in connection with
    the use of amounts made available under this heading in this Act (except
    for requirements related to fair housing, nondiscrimination, labor
    standards, and the environment), upon a finding by

    [[Page 134 STAT. 612]]

    the Secretary that any such waivers or alternative requirements are
    necessary to expedite or facilitate the use of such amounts to prevent,
    prepare for, and respond to coronavirus, and such waiver or alternative
    requirement is consistent with the purposes described under this heading
    in this Act:  Provided further, That <<NOTE: Notification. Public
    information. Federal Register, publication. Web
    posting. Determination.>>  the Secretary shall notify the public through
    the Federal Register or other appropriate means of any such waiver or
    alternative requirement in order for such waiver or alternative
    requirement to take effect, and that such public notice may be provided,
    at a minimum, on the Internet at the appropriate Government web site or
    through other electronic media, as determined by the Secretary:
    Provided further, That such amount is designated by the Congress as
    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

        For an additional amount for ``Fair Housing Activities'',
    $2,500,000, to remain available until September 30, 2021, for contracts,
    grants, and other assistance, as authorized by title VIII of the Civil
    Rights Act of 1968, as amended by the Fair Housing Amendments Act of
    1988, and section 561 of the Housing and Community Development Act of
    1987, to prevent, prepare for, and respond to coronavirus, of which
    $1,500,000 shall be for the Fair Housing Assistance Program Partnership
    for Special Enforcement grants to address fair housing issues relating
    to coronavirus, and $1,000,000 shall be for the Fair Housing Initiatives
    Program for education and outreach activities under such section 561 to
    educate the public about fair housing issues related 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

        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 <<NOTE: Audits. Investigations.>>  the funding made available under
    this heading in this Act shall be used for conducting audits and
    investigations of projects and activities carried out with funds made
    available in this Act to the Department of 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.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 22001.  Of the amounts made available from the Airport and
    Airway Trust Fund for ``Federal Aviation Administration--Operations'' in
    title XI of division B of the Bipartisan Budget Act of 2018 (Public Law
    115-123), up to $25,000,000 may be used to prevent, prepare for, and
    respond to coronavirus:  Provided, That amounts repurposed in this
    section that were previously designated by the Congress as an emergency
    requirement pursuant to the

    [[Page 134 STAT. 613]]

    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. 22002.  For amounts <<NOTE: Deadlines.>>  made available by
    this Act under the headings ``Northeast Corridor Grants to the National
    Railroad Passenger Corporation'' and ``National Network Grants to the
    National Railroad Passenger Corporation'', the Secretary of
    Transportation may not waive the requirements under section 24312 of
    title 49, United States Code, and section 24305(f) of title 49, United
    States Code:  Provided, That <<NOTE: Requirements. Compliance.>>  for
    amounts made available by this Act under such headings the Secretary
    shall require the National Railroad Passenger Corporation to comply with
    the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railway
    Labor Act (45 U.S.C. 151 et seq.), and the Railroad Unemployment
    Insurance Act (45 U.S.C. 351 et seq.):  Provided further,
    That <<NOTE: Time period. Notification.>>  not later than 7 days after
    the date of enactment of this Act and each subsequent 7 days thereafter,
    the Secretary shall notify the House and Senate Committees on
    Appropriations, the Committee on Transportation and Infrastructure of
    the House of Representatives, and the Committee on Commerce, Science,
    and Transportation of the Senate of any National Railroad Passenger
    Corporation employee furloughs as a result of efforts to prevent,
    prepare for, and respond to coronavirus:  Provided further,
    That <<NOTE: Furloughs. Requirements.>>  in the event of any National
    Railroad Passenger Corporation employee furloughs as a result of efforts
    to prevent, prepare for, and respond to coronavirus, the Secretary shall
    require the National Railroad Passenger Corporation to provide such
    employees the opportunity to be recalled to their previously held
    positions as intercity passenger rail service is restored to March 1,
    2020 levels and not later than the date on which intercity passenger
    rail service has been fully restored to March 1, 2020 levels.

        Sec. 22003.  For <<NOTE: Applicability.>>  the duration of fiscal
    year 2020, section 127(i)(1)(A) of title 23, United States Code, shall
    read as if and apply to situations in which: the President has declared
    an emergency or a major disaster under the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

        Sec. 22004.  No later <<NOTE: Deadline. Rescission.>>  than
    September 30, 2020, the remaining unobligated balances of funds made
    available for the youth homelessness demonstration under the heading
    ``Department of Housing and Urban Development--Community Planning and
    Development--Homeless Assistance Grants'' in the Consolidated
    Appropriations Act, 2018 (Public Law 115-141) are hereby permanently
    rescinded, and an amount of additional new budget authority equivalent
    to the amount rescinded is hereby appropriated, to remain available
    until September 30, 2021, in addition to other funds as may be available
    for such purposes, and shall be available, without additional
    competition, for completing the funding of awards made pursuant to the
    fiscal year 2018 youth homelessness demonstration.

                    highway safety grants emergency authority

        Sec. 22005.  (a) <<NOTE: Waiver
    authority. Postponement. Determination. 23 USC 401 note.>>  In
    General.--The Secretary of Transportation (referred to in this section
    as the ``Secretary'') may waive or postpone any requirement under
    section 402, 404, 405, or 412 of title 23, United States Code, section
    4001 of the FAST Act (Public Law 114-94; 129 Stat. 1497), or part 1300
    of title 23, Code of Federal

    [[Page 134 STAT. 614]]

    Regulations (or successor regulations), if the Secretary determines
    that--
                (1) the Coronavirus Disease 2019 (COVID-19) is having a
            substantial impact on--
                        (A) the ability of States to implement or carry out
                    any grant, campaign, or program under those provisions;
                    or
                        (B) the ability of the Secretary to carry out any
                    responsibility of the Secretary with respect to a grant,
                    campaign, or program under those provisions; or
                (2) the requirements of those provisions are having a
            substantial impact on the ability of States or the Secretary to
            address the Coronavirus Disease 2019 (COVID-19).

        (b) Report.--The Secretary shall periodically submit to the relevant
    committees of Congress a report describing--
                (1) each determination made by the Secretary under
            subsection (a); and
                (2) each waiver or postponement of a requirement under that
            subsection.

        (c) Emergency Requirement.--The amount provided by this section is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                   TITLE XIII

                          GENERAL PROVISIONS--THIS ACT

        Sec. 23001.  Each amount appropriated or made available by this Act
    is in addition to amounts otherwise appropriated for the fiscal year
    involved.
        Sec. 23002.  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. 23003.  Unless otherwise provided for by this Act, the
    additional amounts appropriated by this Act to appropriations accounts
    shall be available under the authorities and conditions applicable to
    such appropriations accounts for fiscal year 2020.
        Sec. 23004. (a) Subject to subsection (b), and notwithstanding any
    other provision of law, funds made available in this Act, or transferred
    pursuant to authorization granted in this Act, may only be used to
    prevent, prepare for, and respond to coronavirus.
        (b) Subsection (a) shall not apply to sections 11002, 13002, and
    18114 of this Act, reimbursements made pursuant to authority in this
    Act, or to funds made available in this Act for the Emergency Reserve
    Fund, established pursuant to section 7058(c)(1) of division J of Public
    Law 115-31, or to funds made available in this Act for the Infectious
    Diseases Rapid Response Reserve Fund, established pursuant to section
    231 of division B of Public Law 115-245.
        (c) This section shall not apply to title VI of this Act.
        Sec. 23005.  In this <<NOTE: Definition.>>  Act, the term
    ``coronavirus'' means SARS-CoV-2 or another coronavirus with pandemic
    potential.

        Sec. 23006.  Each amount <<NOTE: President. 2 USC 162b note.>>
    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,

    [[Page 134 STAT. 615]]

    if applicable) only if the President subsequently so designates all such
    amounts and transmits such designations to the Congress.

        Sec. 23007.  Any <<NOTE: President.>>  amount appropriated by this
    Act, designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 and subsequently so designated by the President, and
    transferred pursuant to transfer authorities provided by this Act shall
    retain such designation.

                                budgetary effects

        Sec. 23008.  (a) Statutory PAYGO Scorecards.--The budgetary effects
    of this division shall not be entered on either PAYGO scorecard
    maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act
    of 2010.
        (b) Senate PAYGO Scorecards.--The budgetary effects of this division
    shall not be entered on any PAYGO scorecard maintained for purposes of
    section 4106 of H. Con. Res. 71 (115th Congress).
        (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, the budgetary effects of this
    division shall be estimated for purposes of section 251 of such Act.
        (d) Ensuring No Within-Session Sequestration.--Solely for the
    purpose of calculating a breach within a category for fiscal year 2020
    pursuant to section 251(a)(6) or section 254(g) of the Balanced Budget
    and Emergency Deficit Control Act of 1985, and notwithstanding any other
    provision of this division, the budgetary effects from this division
    shall be counted as amounts designated as being for an emergency
    requirement pursuant to section 251(b)(2)(A) of such Act.
        This division may be cited as the ``Emergency Appropriations for
    Coronavirus Health Response and Agency Operations''.

        Approved March 27, 2020.

    LEGISLATIVE HISTORY--H.R. 748:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
                                                            Vol. 165 (2019):
                                        July 17, considered and passed
                                            House.
                                                            Vol. 166 (2020):
                                        Mar. 25, considered and passed
                                            Senate, amended.
                                        Mar. 27, House concurred in Senate
                                            amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
                Mar. 27, Presidential remarks and statement.

                                      <all>