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(Original Signature of Member)

116TH CONGRESS
2D SESSION

H. R. ll

Making emergency supplemental appropriations for the fiscal year ending
September 30, 2020, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Ml.llllll introduced the following bill; which was referred to theCommittee on llllllllllllll

A BILL
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE.

4This Act may be cited as the ‘‘Take Responsibility

5 for Workers and Families Act’’.
6

SEC. 2. TABLE OF CONTENTS.

7

The table of contents is as follows:
DIVISION A—THIRD CORONAVIRUS PREPAREDNESS ANDRESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020

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2
Title I—Agriculture, Rural Development, Food and Drug Administration, andRelated Agencies
Title II—Commerce, Justice, Science, and Related Agencies
Title III—Department of Defense
Title IV—Energy and Water Development and Related Agencies
Title V—Financial Services and General Government
Title VI—Department of Homeland Security
Title VII—Interior, Environment, and Related Agencies
Title VIII—Departments of Labor, Health and Human Services, and Education,
and Related Agencies
Title IX—Legislative Branch
Title X—Military Construction, Veterans Affairs, and Related Agencies
Title XI—Department of State, Foreign Operations, and Related Programs
Title XII—Transportation, Housing and Urban Development, and Related
Agencies
Title XIII—General Provisions—This Division
DIVISION B—EMERGENCY FAMILY AND MEDICAL LEAVEEXPANSION ACTDIVISION C—EMERGENCY PAID SICK LEAVE ACT AMENDMENTS
DIVISION D—COVID–19 WORKERS FIRST PROTECTION ACT OF
2020
DIVISION E—COVID–19 WORKFORCE EMERGENCY RESPONSE ACT
OF 2020
DIVISION F—FAMILY SUPPORT PROVISIONSDIVISION G—HEALTH PROVISIONS
Title ll—Child Care For Essential Workers
DIVISION H—EMERGENCY CORONAVIRUS PANDEMIC
UNEMPLOYMENT COMPENSATION ACT OF 2020
Title I—Federal Benefit Enhancements
Title II—Expanded Eligibility for Unemployment Compensation
Title III—Relief for Governmental and Nonprofit Entities
Title IV—Emergency Assistance for Rail Workers
DIVISION I—FINANCIAL SERVICES
Title I—Protecting Consumers, Renters, Homeowners and People Experiencing
Homelessness
Title II—Assisting Small Businesses and Community Financial Institutions
Title III—Supporting State, Territory, and Local Governments
Title IV—Promoting Financial Stability and Transparent Markets
Title V—Investing in A Sustainable Recovery
DIVISION J—EDUCATION RELIEF AND OTHER PROGRAMS
Title I—Education provisions
Title II—Other programs
DIVISION K—AGRICULTURE PROVISIONS

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Title I—Commodity Support and other Agriculture Programs
Title II—Supplemental Nutrition Assistance Program
DIVISION L—ACCESS ACTDIVISION M—OVERSIGHT AND ACCOUNTABILITYDIVISION N—U.S. POSTAL SERVICE PROVISIONSDIVISION O—FEDERAL WORKFORCE PROVISIONSDIVISION P—FEDERAL EMPLOYEE COLLECTIVE BARGAINING
AND OFFICIAL TIMEDIVISION Q—STUDENT VETERAN CORONAVIRUS RESPONSE ACT
OF 2020
DIVISION R—AVIATION WORKER RELIEF
Title I—Aviation Worker Relief
Title II—Labor Protections
Title III—Airline Industry Financial Oversight
Title IV—Airport Relief
Title V—Small Community Air Service
Title VI—Consumer Protections
Title VII—Environmental Protections
Title VIII—Miscellaneous
DIVISION S—SBC PROVISIONSDIVISION T—REVENUE PROVISIONS
Title I—Health-related tax relief
Title II—Economic Stimulus
Title III—Administrative
Title IV—Retirement provisions
Title V—Rehabilitation for Multiemployer Pensions
DIVISION U—TELECOMMUNICATIONS PROVISIONS
Title I—COVID–19 Price Gouging Prevention
Title II—E–Rate Support for Wi-Fi Hotspots and Connected Devices
Title III—Emergency Lifeline Benefit for Broadband Service
Title IV—Continued Connectivity
Title V—Don’t Break Up the T–Band
DIVISION V—GROW ACTDIVISION W—OTHER MATTERS

1

SEC. 3. REFERENCES.

2

Except as expressly provided otherwise, any reference

3 to ‘‘this Act’’ contained in any division of this Act shall

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1 be treated as referring only to the provisions of that divi2 sion.
3 DIVISION A—THIRD CORONAVIRUS PRE4

PAREDNESS AND RESPONSE SUPPLE-

5

MENTAL APPROPRIATIONS ACT, 2020

6 TITLEI—AGRICULTURE,

RURAL

DEVELOP-

7

MENT, FOOD AND DRUG ADMINISTRATION,

8

AND RELATED AGENCIES

9DEPARTMENT OF AGRICULTURE

10ANIMAL AND PLANT HEALTH INSPECTION SERVICE

11

SALARIES AND EXPENSES

12

For an additional amount for ‘‘Salaries and Ex-

13 penses’’, $55,000,000, to prevent, prepare for, and re14 spond to coronavirus, to supplement amounts otherwise
15 available for the Agricultural Quarantine Inspection Pro16 gram: Provided, That such amount is designated by the
17 Congress as being for an emergency requirement pursuant
18 to section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20

AGRICULTURAL MARKETING SERVICE

21

MARKETING SERVICES

22

For an additional amount for ‘‘Marketing Services’’,23 $45,000,000, to prevent, prepare for, and respond to
24 coronavirus, to supplement amounts otherwise available
25 for commodity grading, inspection, and audit activities:

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5
1 Provided, That such amount is designated by the Congress
2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985.
5

FOOD SAFETY AND INSPECTION SERVICE

6

For an additional amount for ‘‘Food Safety and In-

7 spection Service’’, $33,000,000, to prevent, prepare for,
8 and respond to coronavirus, for the support of temporary
9 and intermittent workers, temporary inspection relocation,
10 and overtime inspection costs: Provided, That such
11 amount is designated by the Congress as being for an
12 emergency

requirement

pursuanttosection

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15

FARM SERVICE AGENCY16

SALARIES AND EXPENSES

17

For an additional amount for ‘‘Salaries and Ex-

18 penses’’, $3,000,000, to prevent, prepare for, and respond
19 to coronavirus, for temporary staff and overtime expenses:
20 Provided, That such amount is designated by the Congress
21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985.

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6
1

RURAL BUSINESS—COOPERATIVE SERVICE

2RURAL BUSINESS PROGRAM ACCOUNT

3

For an additional amount for ‘‘Rural Business Pro-

4 gram Account’’, $20,500,000, to remain available until
5 September 30, 2021, to prevent, prepare for, and respond
6 to coronavirus, for the cost of loans for rural business de7 velopment programs authorized by section 310B and de8 scribed in subsection (g) of section 310B of the Consoli9 dated Farm and Rural Development Act: Provided, That
10 such amount is designated by the Congress as being for
11 an

emergency

requirement

pursuanttosection

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985.
14

RURAL UTILITIES SERVICE

15DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

16

PROGRAM17

For an additional amount for ‘‘Distance Learning,

18 Telemedicine, and Broadband Program’’, $25,000,000, to
19 remain available until September 30, 2021, to prevent,
20 prepare for, and respond to coronavirus, for grants for
21 telemedicine and distance learning services in rural areas
22 as authorized by 7 U.S.C. 950aaa et seq.: Provided, That
23 such amount is designated by the Congress as being for
24 anemergency

requirement

pursuanttosection

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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

FOOD AND NUTRITION SERVICE

4COMMODITY ASSISTANCE PROGRAM

5

For an additional amount for ‘‘Commodity Assistance

6 Program’’, for the emergency food assistance program as
7 authorized by section 27(a) of the Food and Nutrition Act
8 of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the
9 Emergency Food Assistance Act of 1983 (7 U.S.C.
10 7508(a)(1)), $450,000,000, to remain available through11 September 30, 2021, to prevent, prepare for, and respond
12 to coronavirus: Provided, That of the funds made avail13 able, the Secretary may use up to $200,000,000 for costs
14 associated with the distribution of commodities: Provided
15 further, That such amount is designated by the Congress
16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985.
19

FOREIGN AGRICULTURAL SERVICE

20

SALARIES AND EXPENSES

21

For an additional amount for ‘‘Salaries and Ex-

22 penses’’, $4,000,000, to prevent, prepare for, and respond
23 to coronavirus: Provided, That such amount is designated
24 by the Congress as being for an emergency requirement

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8
1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985.
3

DEPARTMENT OF HEALTH AND HUMAN

4

SERVICES

5

FOOD AND DRUG ADMINISTRATION

6SALARIES AND EXPENSES

7

For an additional amount for ‘‘Salaries and Ex-

8 penses’’, $80,000,000, to remain available until expended,
9 to prevent, prepare for, and respond to coronavirus, for10 efforts on potential medical product shortages, enforce11 ment work against counterfeit or misbranded products,
12 work on Emergency Use Authorizations, pre- and post13 market work on medical countermeasures, therapies, vac14 cines and research, and related administrative activities:
15 Provided, That such amount is designated by the Congress
16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985.
19

GENERAL PROVISIONS—THIS TITLE

20

SEC. 10101. For an additional amount for grants

21 under the pilot program established under section 779 of
22 Public Law 115–141, to prevent, prepare for, and respond
23 to coronavirus, $258,000,000, to remain available until
24 September 30, 2021: Provided, That at least 90 percent
25 of the households to be served by a project receiving a

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9
1 grant shall be in a rural area without sufficient access to
2 broadband: Provided further, That for purposes of such
3 pilot program, a rural area without sufficient access to
4 broadband shall be defined as 10 Mbps downstream and5 1 Mbps upstream, and such definition shall be reevaluated
6 and redefined, as necessary, on an annual basis by the
7 Secretary of Agriculture: Provided further, That an entity
8 to which a grant is made under the pilot program shall9 not use a grant to overbuild or duplicate broadband expan10 sion efforts made by any entity that has received a
11 broadband loan from the Rural Utilities Service: Provided
12 further, That priority consideration for grants shall be
13 given to previous applicants now eligible as a result of ad14 justed eligibility requirements: Provided further, That not
15 more than three percent of the funds made available in
16 this paragraph may be used for administrative costs to
17 carry out the program: Provided further, That such
18 amount is designated by the Congress as being for an
19 emergency

requirement

pursuanttosection

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22

SEC. 10102. The first amount under ‘‘Child Nutri-

23 tion Programs’’ in Division B of the Further Consolidated
24 Appropriations Act, 2020 (P.L. 116–94) is amended by

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10
1 striking‘‘$23,615,098,000’’

andinserting2 ‘‘$32,615,098,000’’.
3

SEC. 10103. The matter under the heading ‘‘Supple-

4 mental Nutrition Assistance Program’’ in division B of the
5 Further Consolidated Appropriations Act, 2020 (Public
6 Law 116–94) is amended by inserting before ‘‘: Provided,’’7 the following: ‘‘and for an additional amount, such sums
8 as may be necessary to remain available through Sep9 tember 30, 2022, which shall be placed in reserve for use
10 only in such amounts and at such times as may become
11 necessary to carry out program operations’’.
12SEC. 10104. For an additional amount for ‘‘Supple-

13 mental Nutrition Assistance Program’’, to supplement
14 funds otherwise available for the Food Distribution Pro15 gram on Indian Reservations, $100,000,000, to remain
16 available through September 30, 2021, to prevent, prepare
17 for, and respond to coronavirus: Provided, That of the
18 total amount available, $50,000,000 is for administrative
19 expenses, including facility improvements and equipment
20 upgrades, and $50,000,000 is for the costs relating to ad21 ditional food purchases: Provided further, That such
22 amount is designated by the Congress as being for an
23 emergency

requirement

pursuanttosection

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.

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11
1

SEC. 10105. In addition to amounts otherwise made2 available, $200,000,000, to remain available through Sep3 tember 30, 2021, to prevent, prepare for, and respond to
4 coronavirus, shall be available for the Secretary of Agri5 culture to provide grants to the Commonwealth of the
6 Northern Mariana Islands, Puerto Rico, and American
7 Samoa for nutrition assistance: Provided, That such
8 amount is designated by the Congress as being for an
9 emergency

requirement

pursuanttosection

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12

SEC. 10106. The Secretary may extend the term of

13 a marketing assistance loan authorized by section 1201
14 of the Agricultural Act of 2014 (7 U.S.C. 9033) for any
15 loan commodity to 12 months: Provided, That the author16 ity made available pursuant to this section shall expire on
17 September 30, 2020: Provided further, That amounts
18 made available by this section are designated by the Con19 gress as being for an emergency requirement pursuant to
20 section 251(b)(2)(A)(i) of the Balanced Budget and
21 Emergency Deficit Control Act of 1985.
22

SEC. 10107. Notwithstanding any other provision of

23 law, funds made available under each heading in this title
24 shall only be used for the purposes specifically described
25 under that heading.

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12
1 TITLE II—COMMERCE, JUSTICE, SCIENCE, AND
2

RELATED AGENCIES

3DEPARTMENT OF COMMERCE

4ECONOMIC DEVELOPMENT ADMINISTRATION

5ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS6(INCLUDING TRANSFERS OF FUNDS)

7

For an additional amount for ‘‘Economic Develop-

8 ment Assistance Programs’’ for necessary expenses related
9 to responding to economic injury as a result of
10 coronavirus, $2,000,000,000, to remain available until
11 September 30, 2022: Provided, That such amount shall
12 be for economic adjustment assistance as authorized by
13 section 209 of the Public Works and Economic Develop14 ment Act of 1965 (42 U.S.C. 3149): Provided further,
15 That within the amount appropriated, up to 2 percent of
16 funds appropriated in this paragraph may be transferred
17 to ‘‘Salaries and Expenses’’ for administration and over18 sight activities: Provided further, That the Secretary of
19 Commerce is authorized to appoint and fix the compensa20 tion of such temporary personnel as may be necessary to
21 implement the requirements under this heading, without
22 regard to the provisions of title 5, United States Code,23 governing appointments in competitive service: Provided
24 further, That the Secretary of Commerce is authorized to
25 appoint such temporary personnel, after serving continu-

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1 ously for 2 years, to positions in the Economic Develop2 ment Administration in the same manner that competitive
3 service employees with competitive status are considered
4 for transfer, reassignment, or promotion to such positions,
5 and an individual appointed under this proviso shall be6 come a career-conditional employee, unless the employee
7 has already completed the service requirements for career
8 tenure: Provided further, That within the amount appro9 priated in this paragraph, $4,000,000 shall be transferred
10 to ‘‘Office of Inspector General’’ for carrying out inves11 tigations and audits related to the funding provided under
12 this heading: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985.
16

MINORITY BUSINESS DEVELOPMENT AGENCY

17

MINORITY BUSINESS DEVELOPMENT18

For an additional amount for ‘‘Minority Business De-

19 velopment’’ for necessary expenses for the Business Cen20 ters and Specialty Centers, including any cost sharing re21 quirements that may exist, for assisting minority business
22 enterprises to prevent, prepare for, and respond to
23 coronavirus, including identifying and accessing local,
24 State, and Federal government assistance related to such
25 virus, $15,000,000, to remain available until September

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14
1 30, 2021: Provided, That such amount is designated by
2 Congress as being for an emergency requirement pursuant
3 to section 251(b)(2)(A)(i) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY6SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

7

For an additional amount for ‘‘Scientific and Tech-

8 nical Research and Services’’ for necessary expenses to
9 prevent, prepare for, and respond to coronavirus,
10 $6,000,000, to remain available until September 30, 2021,
11 including for measurement science to support testing for
12 such virus (or viral strains mutating therefrom) and bio13 manufacturing: Provided, That such amount is designated
14 by the Congress as being for an emergency requirement
15 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg16 et and Emergency Deficit Control Act of 1985.
17

INDUSTRIAL TECHNOLOGY SERVICES

18

For an additional amount for ‘‘Industrial Technology

19 Services’’ for necessary expenses, $75,000,000, to remain
20 available until September 30, 2021, of which $50,000,000
21 shall be for the Hollings Manufacturing Extension Part22 nership to assist manufacturers to prevent, prepare for,
23 and respond to coronavirus, and of which $25,000,000
24 shall be for the National Network for Manufacturing Inno25 vation (also known as ‘‘Manufacturing USA’’ ) to support

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15
1 development and manufacturing of medical counter2 measures and biomedical equipment and supplies: Pro3 vided, That none of the funds provided under this heading
4 shall be subject to cost share requirements under 15
5 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided
6 further, That such amount is designated by the Congress
7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985.
10

NATIONAL OCEANIC AND ATMOSPHERIC

11

ADMINISTRATION

12OPERATIONS, RESEARCH, AND FACILITIES13

For an additional amount for ‘‘Operations, Research,

14 and Facilities’’ for necessary expenses to prevent, prepare
15 for, and respond to coronavirus, $33,200,000, to remain
16 available until September 30, 2021: Provided, That such
17 amount is designated by the Congress as being for an
18 emergency

requirement

pursuanttosection

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21

DEPARTMENT OF JUSTICE22

FEDERAL PRISON SYSTEM

23

SALARIES AND EXPENSES

24

For an additional amount for ‘‘Salaries and Ex-

25 penses’’, $100,000,000, to remain available until Sep-

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16
1 tember 30, 2021, for necessary expenses to prevent, pre2 pare for, and respond to coronavirus, including for main3 taining correctional operations, including overtime costs,
4 temporary facilities, purchase and rental of equipment,
5 medical services and supplies, and emergency prepared6 ness: Provided, That such amount is designated by the
7 Congress as being for an emergency requirement pursuant
8 to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES11STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

12

For an additional amount for ‘‘State and Local Law

13 Enforcement Assistance’’, $500,000,000, to remain avail14 able until September 30, 2021, to prevent, prepare for,15 and respond to coronavirus, including for the purchase of
16 personal protective equipment, for the Edward Byrne Me17 morial Justice Assistance Grant program as authorized by
18 subpart 1 of part E of title I of the Omnibus Crime Con19 trol and Safe Streets Acts of 1968 (‘‘1968 Act’’), (except
20 that the allocation provisions under sections 505(a)21 through (e) and the special rules for Puerto Rico under
22 section 505(g), and section 1001(c), of the 1968 Act, shall
23 not apply for purposes of this Act), to be distributed in
24 relative proportion to fiscal year 2016 allocations: Pro25 vided, That awards made using amounts provided in this

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17
1 paragraph shall be made only with the same requirements,
2 conditions, compliance, and certification as fiscal year
3 2016: Provided further, That such amount is designated
4 by the Congress as being for an emergency requirement
5 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg6 et and Emergency Deficit Control Act of 1985.
7

JUVENILE JUSTICE PROGRAMS

8

For an additional amount for ‘‘Juvenile Justice Pro-

9 grams’’, $100,000,000, to remain available until Sep10 tember 30, 2021, to prevent, prepare for, and respond to
11 coronavirus, of which $75,000,000 shall be for programs
12 authorized by section 221 of the Juvenile Justice and De13 linquency Prevention Act of 1974 (‘‘the 1974 Act’’), and14 $25,000,000 for delinquency prevention, as authorized by
15 section 261 of the 1974 Act: Provided, That such amount
16 is designated by the Congress as being for an emergency
17 requirement pursuant to section 251(b)(2)(A)(i) of the
18 Balanced Budget and Emergency Deficit Control Act of
19 1985.
20

SCIENCE21

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

22

SAFETY, SECURITY AND MISSION SERVICES

23

For an additional amount for ‘‘Safety, Security and

24 Mission Services’’, $100,000,000, to remain available until
25 September 30, 2021, to prevent, prepare for, and respond

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18
1 to coronavirus: Provided, That such amount is designated
2 by the Congress as being for an emergency requirement
3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985.
5

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

6

RESTORATION7

For an additional amount for ‘‘Construction and En-

8 vironmental Compliance and Restoration’’, $100,000,000,
9 to remain available until September 30, 2021, to prevent,
10 prepare for, and respond to coronavirus: Provided, That
11 such amount is designated by the Congress as being for
12 an

emergency

requirement

pursuanttosection

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15

NATIONAL SCIENCE FOUNDATION16RESEARCH AND RELATED ACTIVITIES17

For an additional amount for ‘‘Research and Related

18 Activities’’, $100,000,000, to remain available until Sep19 tember 30, 2021, to prevent, prepare for, and respond to
20 coronavirus, domestically and internationally, including to
21 fund research grants and other necessary expenses: Pro22 vided, That such amount is designated by the Congress
23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985.

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19
1

AGENCY OPERATIONS AND AWARD MANAGEMENT2

For an additional amount for ‘‘Agency Operations

3 and Award Management’’, $2,000,000, to prevent, pre4 pare for, and respond to coronavirus, domestically and5 internationally, including to administer research grants
6 and other necessary expenses: Provided, That such
7 amount is designated by the Congress as being for an
8 emergency

requirement

pursuanttosection9 251(b)(2)(A)(i) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11

RELATED AGENCIES12LEGAL SERVICES CORPORATION

13PAYMENT TO THE LEGAL SERVICES CORPORATION14

For an additional amount for ‘‘Payment to the Legal

15 Services Corporation’’ to carry out the purposes of the
16 Legal Services Corporation Act by providing for necessary
17 expenses to prevent, prepare for, and respond to
18 coronavirus, $100,000,000, to remain available until Sep19 tember 30, 2021: Provided, That none of the funds appro20 priated in this Act to the Legal Services Corporation shall
21 be expended for any purpose prohibited or limited by, or
22 contrary to any of the provisions of, sections 501, 502,
23 503, 504, 505, and 506 of Public Law 105–119, and all
24 funds appropriated in this Act to the Legal Services Cor25 poration shall be subject to the same terms and conditions

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20
1 set forth in such sections, except that all references in sec2 tions 502 and 503 to 1997 and 1998 shall be deemed to
3 refer instead to 2020 and 2021, respectively, and except
4 that sections 501 and 503 of Public Law 104–134 (ref5 erenced by Public Law 105–119) shall not apply to the
6 amount made available under this heading: Provided fur7 ther, That for the purposes of this Act, the Legal Services
8 Corporation shall be considered an agency of the United
9 States Government: Provided further, That such amount
10 is designated by the Congress as being for an emergency
11 requirement pursuant to section 251(b)(2)(A)(i) of the
12 Balanced Budget and Emergency Deficit Control Act of
13 1985.
14

GENERAL PROVISIONS—THIS TITLE

15

SEC. 10201. (a) Amounts provided by the Depart-

16 ment of Commerce Appropriations Act, 2020, for the Hol17 lings Manufacturing Extension Partnership under the
18 heading ‘‘National Institute of Standards and Tech19 nology—Industrial Technology Services’’ shall not be sub20 ject to cost share requirements under 15 U.S.C.
21 278k(e)(2).
22(b) Subsection (a) shall not apply to the extent that

23 a Manufacturing Extension Partnership Center receives
24 funding from a State that is conditioned upon the applica25 tion of a Federal cost sharing requirement to the Center.

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21
1

SEC. 10202. (a) Funds appropriated in this title for2 the National Science Foundation may be made available
3 to restore amounts, either directly or through reimburse4 ment, for obligations incurred by the National Science
5 Foundation for research grants and other necessary ex6 penses

toprevent,

preparefor,andrespondto

7 coronavirus, domestically or internationally, prior to the
8 date of enactment of this Act.
9(b) Grants or cooperative agreements made by the

10 National Science Foundation under this title, to carry out
11 research grants and other necessary expenses to prevent,12 prepare for, and respond to coronavirus, domestically or
13 internationally, shall include amounts to reimburse costs
14 for these purposes incurred between January 20, 2020,
15 and the date of issuance of such grants or agreements.
16

SEC. 10203. (a)(1) Section 110(b)(2)(C) of the Fam-

17 ily and Medical Leave Act of 1993 (as added by division
18 C of the Families First Coronavirus Response Act) and
19 section 5110(5)(C) of the Families First Coronavirus Re20 sponse Act (relating to varying schedule hours calculation)
21 shall not apply to the Bureau of the Census regarding any
22 employee hired pursuant to section 23(c) of title 13,
23 United States Code.

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221(2) Any such employee shall be entitled to 40

2hours of paid leave under division E of the Families

3First Coronavirus Response Act.

4(b) With respect to any temporary employee of the

5 Bureau of the Census, including any employee hired pur6 suant to section 23(c) of title 13, United States Code, the7 Bureau may classify any leave provided by the Bureau
8 pursuant to the amendments made by division C of the
9 Families First Coronavirus Response Act or division E of
10 such Act to such an employee (based on such employee’s
11 status as an employee of the Bureau) as any leave cat12 egory necessary to comport with the Bureau’s leave sys13 tem.
14

SEC. 10204. Notwithstanding any other provision of

15 law, funds made available under each heading in this title
16 shall only be used for the purposes specifically described
17 under that heading.

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23
1

TITLE III—DEPARTMENT OF DEFENSE

2DEPARTMENT OF DEFENSE

3MILITARY PERSONNEL4MILITARY PERSONNEL, ARMY

5

For an additional amount for Military Personnel,

6 Army, $37,900,000, for necessary expenses to prevent,
7 prepare for, and respond to coronavirus: Provided, That
8 such amount is designated by the Congress as being for
9 an

emergency

requirement

pursuanttosection

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12

MILITARY PERSONNEL, NAVY

13

For an additional amount for Military Personnel,

14 Navy, $37,900,000, for necessary expenses to prevent,15 prepare for, and respond to coronavirus: Provided, That
16 such amount is designated by the Congress as being for
17 anemergency

requirement

pursuanttosection18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20

MILITARY PERSONNEL, MARINE CORPS

21

For an additional amount for Military Personnel, Ma-

22 rine Corps, $9,900,000, for necessary expenses to prevent,23 prepare for, and respond to coronavirus: Provided, That
24 such amount is designated by the Congress as being for
25 anemergency

requirement

pursuanttosection

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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

MILITARY PERSONNEL, AIR FORCE4

For an additional amount for Military Personnel, Air

5 Force, $37,900,000, for necessary expenses to prevent,
6 prepare for, and respond to coronavirus: Provided, That
7 such amount is designated by the Congress as being for
8 an

emergency

requirement

pursuanttosection9 251(b)(2)(A)(i) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11

NATIONAL GUARD PERSONNEL, ARMY12

For an additional amount for National Guard Per-

13 sonnel, Army, $804,529,000, for necessary expenses to
14 prevent, prepare for, and respond to coronavirus: Pro15 vided, That such amount is designated by the Congress
16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985.
19

NATIONAL GUARD PERSONNEL, AIR FORCE20

For an additional amount for National Guard Per-

21 sonnel, Air Force, $402,063,000, for necessary expenses
22 to prevent, prepare for, and respond to coronavirus: Pro23 vided, That such amount is designated by the Congress
24 as being for an emergency requirement pursuant to sec-

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25
1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985.
3

OPERATION AND MAINTENANCE

4OPERATION AND MAINTENANCE, ARMY

5

For an additional amount for ‘‘Operation and Main-

6 tenance, Army’’, $105,300,000, to remain available until
7 September 30, 2021, to prevent, prepare for, and respond
8 to coronavirus: Provided, That such amount is designated
9 by the Congress as being for an emergency requirement
10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985.
12

OPERATION AND MAINTENANCE, NAVY

13

For an additional amount for ‘‘Operation and Main-

14 tenance, Navy’’, $568,408,000, to remain available until
15 September 30, 2021, to prevent, prepare for, and respond
16 to coronavirus: Provided, That such amount is designated
17 by the Congress as being for an emergency requirement
18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985.
20

OPERATION AND MAINTENANCE, MARINE CORPS

21

For an additional amount for ‘‘Operation and Main-

22 tenance, Marine Corps’’, $70,000,000, to remain available
23 until September 30, 2021, to prevent, prepare for, and re24 spond to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency re-

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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

OPERATION AND MAINTENANCE, AIR FORCE4

For an additional amount for ‘‘Operation and Main-

5 tenance, Air Force’’, $154,000,000, to remain available
6 until September 30, 2021, to prevent, prepare for, and re7 spond to coronavirus: Provided, That such amount is des8 ignated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985.
11

OPERATION AND MAINTENANCE, DEFENSE-WIDE

12

For an additional amount for ‘‘Operation and Main-

13 tenance, Defense-Wide’’, $927,800,000, to remain avail14 able until September 30, 2021, to prevent, prepare for,15 and respond to coronavirus: Provided, That such amount
16 is designated by the Congress as being for an emergency
17 requirement pursuant to section 251(b)(2)(A)(i) of the
18 Balanced Budget and Emergency Deficit Control Act of
19 1985.
20

OPERATION AND MAINTENANCE, ARMY RESERVE

21

For an additional amount for ‘‘Operation and Main-

22 tenance, Army Reserve’’, $48,000,000, to remain available
23 until September 30, 2021, to prevent, prepare for, and re24 spond to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency re-

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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD4

For an additional amount for ‘‘Operation and Main-

5 tenance, Army National Guard’’, $194,002,000, to remain
6 available until September 30, 2021, to prevent, prepare
7 for, and respond to coronavirus: Provided, That such
8 amount is designated by the Congress as being for an
9 emergency

requirement

pursuanttosection

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD13

For an additional amount for ‘‘Operation and Main-

14 tenance, Air National Guard’’, $79,406,000, to remain
15 available until September 30, 2021, to prevent, prepare
16 for, and respond to coronavirus: Provided, That such
17 amount is designated by the Congress as being for an
18 emergency

requirement

pursuanttosection

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21

PROCUREMENT

22

DEFENSE PRODUCTION ACT PURCHASES23

For an additional amount for ‘‘Defense Production

24 Act Purchases’’, $500,000,000 to remain available until
25 September 30, 2022, to prevent, prepare for, and respond

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28
1 to coronavirus: Provided, That the Secretary of Defense
2 may waive the requirements of 50 U.S.C. 5433(a)(6) on
3 a case-by-case basis upon three days prior written notifica4 tion to the Committees on Appropriations and Banking,
5 Housing, and Urban Affairs of the Senate, and the Com6 mittees on Appropriations and Financial Services of the
7 House of Representatives. Provided further, That such
8 amount is designated by the Congress as being for an
9 emergency

requirement

pursuanttosection

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12

OTHER DEPARTMENT OF DEFENSE PROGRAMS

13

DEFENSE HEALTH PROGRAM

14

For an additional amount for ‘‘Defense Health Pro-

15 gram’’, $3,805,500,000, to prevent, prepare for, and re16 spond to coronavirus; of which $3,561,500,000 shall be
17 for operation and maintenance to remain available until
18 September 30, 2020; and of which $244,000,000, to re19 main available for obligation until September 30, 2021,
20 shall be for research, development, test and evaluation:
21 Provided, That such amount is designated by the Congress
22 as being for an emergency requirement pursuant to sec23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985.

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29
1

GENERAL PROVISIONS—THIS TITLE

2

SEC. 10301. Notwithstanding any other provision of

3 law, funds made available under each heading in this title
4 shall only be used for the purposes specifically described
5 under that heading.
6

SEC. 10302. Upon the determination of the Secretary

7 of Defense that such action is necessary in the national
8 interest, the Secretary may transfer up to $500,000,000
9 between the appropriations or funds made available to the
10 Department of Defense for expenses relating to the use
11 of the National Guard in response to coronavirus: Pro12 vided, That such funds may only be transferred among
13 military personnel and operation and maintenance ac14 counts for the National Guard provided for in this title:
15 Provided further, That the Secretary shall notify the Con16 gress promptly of each transfer made pursuant to the au17 thority in this section: Provided further, That the author18 ity provided in this section is in addition to any other19 transfer authority available to the Department of Defense
20 and is subject to the same terms and conditions as the
21 authority provided in section 8005 of the Department of
22 Defense Appropriations Act, 2020: Provided further, That
23 the transfer authority in sections 8005 and 9002 of the
24 Department of Defense Appropriations Act, 2020, shall

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30
1 not apply to amounts appropriated or otherwise made2 available in this title.
3

SEC. 10303. Notwithstanding section 2208(l)(3) of

4 title 10, United States Code, during fiscal year 2020, the5 amount of advance billings rendered or imposed by De6 fense working capital funds may exceed $1,000,000,000.
7 In the preceding sentence, the term ‘‘advance billing’’ has
8 the meaning given the term in section 2208(l)(4) of such
9 title.

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31
1

TITLE IV—ENERGY AND WATER

2

DEVELOPMENT AND RELATED AGENCIES3CORPS OF ENGINEERS—CIVIL

4

DEPARTMENT OF THE ARMY

5

CORPS OF ENGINEERS—CIVIL

6

OPERATION AND MAINTENANCE

7

For an additional amount for ‘‘Operation and Main-

8 tenance’’, $50,000,000, to remain available until Sep9 tember 30, 2021, to prevent, prepare for, and respond to
10 coronavirus: Provided, That such amount is designated by
11 the Congress as being for an emergency requirement pur12 suant to section 251(b)(2)(A)(i) of the Balanced Budget
13 and Emergency Deficit Control Act of 1985.
14

EXPENSES

15

For

an

additionalamountfor‘‘Expenses’’,16 $20,000,000, to remain available until September 30,
17 2021, to prevent, prepare for, and respond to coronavirus:
18 Provided, That such amount is designated by the Congress
19 as being for an emergency requirement pursuant to sec20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985.

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32
1

DEPARTMENT OF THE INTERIOR

2

BUREAU OF RECLAMATION

3

WATER AND RELATED RESOURCES

4(INCLUDING TRANSFER OF FUNDS)

5

For an additional amount for ‘‘Water and Related

6 Resources’’, $12,500,000, to remain available until Sep7 tember 30, 2021, to prevent, prepare for, and respond to
8 coronavirus: Provided, That $500,000 of the funds pro9 vided under this paragraph shall be transferred to the
10 Central Utah Project Completion Account to prevent, pre11 pare for, and respond to coronavirus: Provided further,
12 That such amount is designated by the Congress as being
13 for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

POLICY AND ADMINISTRATION17

For an additional amount for ‘‘Policy and Adminis-

18 tration’’, $8,100,000, to remain available until September
19 30, 2021, for necessary expenses to prevent, prepare for,20 and respond to coronavirus: Provided, That such amount
21 is designated by the Congress as being for an emergency
22 requirement pursuant to section 251(b)(2)(A)(i) of the
23 Balanced Budget and Emergency Deficit Control Act of
24 1985.

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33
1

DEPARTMENT OF ENERGY

2ENERGY PROGRAMS3SCIENCE

4

For

an

additionalamountfor‘‘Science’’,5 $99,500,000, to remain available until September 30,
6 2021, to prevent, prepare for, and respond to coronavirus,
7 for necessary expenses related to providing support and8 access to scientific user facilities in the Office of Science,
9 including equipment, enabling technologies, and personnel
10 associated with the operations of those scientific user fa11 cilities: Provided, That such amount is designated by the
12 Congress as being for an emergency requirement pursuant
13 to section 251(b)(2)(A)(i) of the Balanced Budget and
14 Emergency Deficit Control Act of 1985.
15

DEPARTMENTAL ADMINISTRATION16(INCLUDING TRANSFER OF FUNDS)

17

For an additional amount for ‘‘Departmental Admin-

18 istration’’, $28,000,000, to remain available until Sep19 tember 30, 2021, for necessary expenses related to sup20 porting remote access for personnel to prevent, prepare
21 for, and respond to coronavirus: Provided, That funds ap22 propriated under this paragraph in this Act may be trans23 ferred to, and merged with, other appropriation accounts
24 of the Department of Energy for necessary expenses re25 lated to supporting remote access for personnel to prevent,

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34
1 prepare for, and respond to coronavirus: Provided further,
2 That such amount is designated by the Congress as being
3 for an emergency requirement pursuant to section
4 251(b)(2)(A)(i) of the Balanced Budget and Emergency
5 Deficit Control Act of 1985.
6

INDEPENDENT AGENCIES

7NUCLEAR REGULATORY COMMISSION

8SALARIES AND EXPENSES

9

For an additional amount for ‘‘Salaries and Ex-

10 penses’’, $3,300,000, to remain available until September
11 30, 2021, to prevent, prepare for, and respond to
12 coronavirus: Provided, That the amount provided in this13 paragraph shall not be derived from fee revenues notwith14 standing 42 U.S.C. 2214: Provided further, That such
15 amount is designated by the Congress as being for an
16 emergency

requirement

pursuanttosection

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985.
19

GENERAL PROVISIONS—THIS TITLE

20

SEC. 10401. Notwithstanding any other provision of

21 law, funds made available under each heading in this title
22 shall only be used for the purposes specifically described
23 under that heading.
24

SEC. 10402. Funds appropriated in this title may be

25 made available to restore amounts, either directly or

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35
1 through reimbursement, for obligations incurred for the
2 same purposes to prevent, prepare for, and respond to
3 coronavirus prior to the date of enactment of this Act.
4

SEC. 10403. Notwithstanding any other provision of

5 law, and subject to the availability of appropriations, the
6 Secretary of Energy, or designee, may include in or modify
7 the terms and conditions of any Department of Energy
8 contract, or other agreement, to authorize the Department
9 to reimburse any contractor paid leave the contractor pro10 vides to its employees as the Secretary deems necessary
11 to ensure the effective response to a declared national
12 emergency or pandemic event. Such authority shall apply
13 only to a contractor whose employees cannot perform work
14 on a federally-owned or leased facility or site due to federal
15 government directed closures or other restrictions, and16 who cannot telework because their job duties cannot be
17 performed remotely. As determined by the Secretary, or
18 designee, this authority also shall apply to subcontractors:
19 Provided, That amounts provided by this section are des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985.

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1 TITLE V—FINANCIAL SERVICES AND GENERAL
2

GOVERNMENT

3

DEPARTMENT OF THE TREASURY

4DEPARTMENTAL OFFICES

5

SALARIES AND EXPENSES

For an additional amount for øthe Department of the6

7 Treasury/‘‘Salaries and Expenses’’¿, $100,000,000 to re8 main available until expended, for the necessary expenses
9 to establish and support a COVID–19 Stimulus Account10 ability and Transparency Board to conduct oversight of
11 funds provided in this Act in order to monitor spending,
12 provide transparency to the public, and help prevent
13 fraud, waste, and abuse; Provided, That not less fre14 quently than monthly, and until all such funds are ex15 pended, the Secretary of the Treasury shall publish on a
16 dedicated portion of the website established under section
17 2 of the Federal Funding Accountability and Trans18 parency Act of 2006 (31 U.S.C. 6101 note), for any funds
19 made available to or expended by a Federal agency or
20 component of a Federal agency that were provided in Pub21 lic Law 116–123, Public Law 116–127, or in the Take
22 Responsibility for Workers and Families Act—23(1) for each appropriations account, including

24

an expired or unexpired appropriations account, the25amount—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML371(A) of budget authority appropriated;

2(B) that is obligated;3(C) of unobligated balances; and4(D) of any other budgetary resources;

5(2) from which accounts and in what amount—

6(A) appropriations are obligated for each7

program activity; and

8(B) outlays are made for each program ac-

9tivity;10(3) from which accounts and in what amount—

11(A) appropriations are obligated for each

12

object class; and13(B) outlays are made for each object class;

14

and

15

(4) for each program activity, the amount—

16(A) obligated for each object class; and17(B) of outlays made for each object class.

18

Provided further, That the information required to19

be published pursuant to the preceding proviso shall20

be published in such a format that amounts allows

21

such information to be sorted by the public law that22

provided the relevant obligational authority: Pro-23

vided further, That such amounts are designated by

24

the Congress as being for an emergency requirement

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38
1

pursuant to section 251(b)(2)(A)(i) of the Balanced

2

Budget and Emergency Deficit Control Act of 1985.

3

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

4FUND PROGRAM ACCOUNT

5

For an additional amount for ‘‘Community Develop-

6 ment Financial Institutions Fund Program Account’’,
7 $200,000,000, to remain available until September 30,
8 2020, to promote economic recovery due to the impact of
9 coronavirus through financial assistance and technical as10 sistance under subparagraphs (A) and (B) of section
11 108(a)(1), respectively, of Public Law 103–325 (1212 U.S.C. 4707(a)(1)(A) and (B)), except that subsections
13 (d) and (e) of section 108 of Public Law 103–325 shall
14 not apply to the provision of such financial assistance and
15 technical assistance: Provided, That up to $10,000,000
16 may be transferred to and merged with ‘‘Administrative
17 Expenses’’ for administrative expenses to carry out finan18 cial assistance and technical assistance: Provided further,
19 That such amount is designated by the Congress as being
20 for an emergency requirement pursuant to section
21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.

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39
1

INTERNAL REVENUE SERVICE

2TAXPAYER SERVICES

3

For an additional amount for ‘‘Taxpayer Services’’,4 $236,000,000, to remain available until September 30,
5 2021, to prevent, prepare for, and respond to coronavirus:
6 Provided, That not later than 30 days after the date of
7 the enactment of this Act, the Commissioner of the Inter8 nal Revenue Service shall submit to the Committees on
9 Appropriations of the House of Representatives and the
10 Senate a spend plan for such funds: Provided further, That
11 such amounts are designated by the Congress as being for
12 an

emergency

requirement

pursuanttosection

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15

ENFORCEMENT16

For an additional amount for ‘‘Enforcement’’,

17 $42,000,000, to remain available until September 30,
18 2021, to prevent, prepare for, and respond to coronavirus:
19 Provided, That not later than 30 days after the date of
20 the enactment of this Act, the Commissioner of the Inter21 nal Revenue Service shall submit to the Committees on
22 Appropriations of the House of Representatives and the
23 Senate a spend plan for such funds: Provided further, That
24 such amounts are designated by the Congress as being for
25 anemergency

requirement

pursuanttosection

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40
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

OPERATIONS SUPPORT4

For an additional amount for ‘‘Operations Support’’,

5 $324,000,000, to remain available until September 30,
6 2021, to prevent, prepare for, and respond to coronavirus:
7 Provided, That not later than 30 days after the date of
8 the enactment of this Act, the Commissioner of the Inter9 nal Revenue Service shall submit to the Committees on
10 Appropriations of the House of Representatives and the
11 Senate a spend plan for such funds: Provided further, That
12 such amount is designated by the Congress as being for
13 an

emergency

requirement

pursuanttosection

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

17

SERVICE18(INCLUDING TRANSFER OF FUNDS)

19

SEC. 10501. In addition to the authority provided in

20 section 101 of title I of division C of Public Law 116–
21 93, the funds provided to the Internal Revenue Service
22 in this Act may be transferred among accounts of the In23 ternal Revenue Service to prevent, prepare for, and re24 spond to coronavirus. On the date of any such transfer,
25 the Commissioner shall notify the Committees on Appro-

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1 priations of the House of Representatives and Senate of
2 such transfer.
3

THE JUDICIARY

4

THE SUPREME COURT OF THE UNITED STATES

5

SALARIES AND EXPENSES

6

For an additional amount for ‘‘Salaries and Ex-

7 penses’’, $500,000, to remain available until September
8 30, 2020, for necessary expenses to prevent, prepare for,
9 and respond to coronavirus: Provided, That such amount
10 is designated by the Congress as being for an emergency
11 requirement pursuant to section 251(b)(2)(A)(i) of the
12 Balanced Budget and Emergency Deficit Control Act of
13 1985.
14

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

15JUDICIAL SERVICES

16

SALARIES AND EXPENSES

17

For an additional amount for ‘‘Salaries and Ex-

18 penses’’, $6,000,000 to remain available until September
19 30, 2020, for necessary expenses to prevent, prepare for,20 and respond to coronavirus: Provided, That such amount
21 is designated by the Congress as being for an emergency
22 requirement pursuant to section 251(b)(2)(A)(i) of the
23 Balanced Budget and Emergency Deficit Control Act of
24 1985.

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42
1

DEFENDER SERVICES

2

For an additional amount for ‘‘Defender Services’’,

3 $1,000,000, to remain available until September 30, 2020,
4 to prevent, prepare for, and respond to coronavirus: Pro5 vided, That such amount is designated by the Congress
6 as being for an emergency requirement pursuant to sec7 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985.
9

DISTRICT OF COLUMBIA

10FEDERAL FUNDS

11

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

12

SECURITY COSTS IN THE DISTRICT OF COLUMBIA

13

For an additional amount for the ‘‘Federal Payment

14 for Emergency Planning and Security Costs in the Dis15 trict of Columbia’’ for the Federal payment of necessary
16 expenses, as determined by the Mayor of the District of
17 Columbia in written consultation with the elected county
18 or city officials of surrounding jurisdictions, $11,000,000,
19 to remain available until September 30, 2020, to prevent,
20 prepare for, and respond to coronavirus: Provided, That
21 such amounts are designated by the Congress as being for
22 anemergency

requirement

pursuanttosection

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

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43
1

INDEPENDENT AGENCIES

2

ELECTION ASSISTANCE COMMISSIONS

3

SALARIES AND EXPENSES

4

For an additional amount for ‘‘Salaries and Ex-

5 penses’’, $5,000,000, to assist States with contingency
6 planning, preparation, and resilience of elections for Fed7 eral office: Provided, That such amount is designated by
8 the Congress as being for an emergency requirement pur9 suant to section 251(b)(2)(A)(i) of the Balanced Budget
10 and Emergency Deficit Control Act of 1985.
11

ELECTION ADMINISTRATION GRANTS

12

For an additional amount for payments by the Elec-

13 tion Assistance Commission to States for contingency
14 planning, preparation, and resilience of elections for Fed15 eral office, $4,000,000,000 to remain available until Sep16 tember 30, 2021: Provided, That under this heading the
17 term ‘‘State’’ means each of the 50 States, the District
18 of Columbia, the Commonwealth of Puerto Rico, Guam,
19 American Samoa, the United States Virgin Islands, and20 the Commonwealth of the Northern Mariana Islands: Pro21 vided further, That the amount of the payments made to
22 a State under this heading shall be consistent with section
23 103 of the Help America Vote Act of 2002 (52 U.S.C.
24 20903): Provided further, That for the purposes of the
25 preceding proviso, each reference to ‘‘$5,000,000’’ in sec-

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44
1 tion 103 shall be deemed to refer to ‘‘$7,500,000’’: Pro2 vided further, That not less than 50 percent of the amount3 of the payment made to a State under this heading shall
4 be allocated in cash or in kind to the units of local govern5 ment which are responsible for the administration of elec6 tions for Federal office in the State: Provided further,
7 That such amount is designated by the Congress as being
8 for an emergency requirement pursuant to section
9 251(b)(2)(A)(i) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11

FEDERAL COMMUNICATIONS COMMISSION

12SALARIES AND EXPENSES

13

For an additional amount for ‘‘Salaries and Ex-

14 penses’’, $200,000,000, to remain available until Sep15 tember 30, 2020, to prevent, prepare for, and respond to
16 coronavirus by providing to health care providers tele17 communications services, information services, and devices
18 necessary to enable the provision of telehealth services
19 during an emergency period, as defined in section
20 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b–
21 5(g)(1)): Provided, That the Federal Communications
22 Commission may rely on the rules of the Commission
23 under part 54 of title 47, Code of Federal Regulations,
24 in administering such amount if the Commission deter25 mines that such administration is in the public interest

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45
1 and upon the advance notification of the Committees on
2 Appropriations of the House of Representatives and the
3 Senate: Provided further, That such amount is designated
4 by the Congress as being for an emergency requirement
5 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg6 et and Emergency Deficit Control Act of 1985.
øEMERGENCY CONNECTIVITY FUND¿

7øFor an additional amount for the ‘‘Emergency

8

9 Connectivity Fund’’, as authorized under title II of divi10 sion U of the Take Responsibility for Workers and Fami11 lies Act, for the provision of Wi-fi hotspots and connected
12 devices to schools and libraries, $2,000,000,000, to remain
13 available until September 30, 2021: Provided , That such
14 amount is designated by the Congress as being for an
15 emergency

requirement

pursuanttosection

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency
17 Deficit Control Act of 1985.¿18øEMERGENCY BROADBAND CONNECTIVITY FUND¿

19øFor an additional amount for the ‘‘Emergency

20 Broadband Connectivity Fund’’, as authorized under title
21 III of division U of the Take Responsibility for Workers
22 and Families Act, for the provision of Wi-fi hotspots and23 connected

devicestoschoolsandlibraries,

24 $1,000,000,000, to remain available until September 30,
25 2021: Provided , That such amount is designated by the

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46
1 Congress as being for an emergency requirement pursuant
2 to section 251(b)(2)(A)(i) of the Balanced Budget and
3 Emergency Deficit Control Act of 1985.¿
4

GENERAL SERVICES ADMINISTRATION

5REAL PROPERTY ACTIVITIES6FEDERAL BUILDINGS FUND

7

BUILDING OPERATIONS

8

For an additional amount, to be deposited in the

9 ‘‘Federal Buildings Fund’’, $275,000,000, to remain
10 available until expended, to prevent, prepare for, and re11 spond to coronavirus: Provided, That such funds may be
12 used to reimburse costs incurred for the purposes provided
13 under this heading: Provided further, That amounts made14 available under this heading shall be in addition to any
15 other amounts available for such purposes: Provided fur16 ther, That such amount is designated by the Congress as
17 being for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20

OFFICE OF PERSONNEL MANAGEMENT

21

SALARIES AND EXPENSES

22

For an additional amount for ‘‘Salaries and Ex-

23 penses’’, $12,100,000, to prevent, prepare for, and re24 spond to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency re-

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47
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

SMALL BUSINESS ADMINISTRATION

4BUSINESS STABILIZATION LOAN PROGRAMS

5

For an additional amount for the cost of direct loans

6 authorized under section 8 of the COVID–19 Relief for
7 Small Businesses Act of 2020, such sums as may be nec8 essary to make up to $100,000,000,000 in direct loans
9 through September 30, 2022, to remain available until ex10 pended, and for an additional amount for the cost of guar11 anteed loans authorized under section 9 of the COVID–
12 19

Relieffor

Small

Businesses

Act

of

2020,

13 $100,000,000,000, to remain available until expended:
14 Provided, That, notwithstanding any other provision of
15 law, no amounts made available under this heading shall
16 be available for transfer to another budget account: Pro17 vided further, That such amount is designated by the Con18 gress as being for an emergency requirement pursuant to
19 section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21

ECONOMIC INJURY GRANTS

22

For an additional amount for the cost of providing

23 economic recovery grants for small businesses impacted by
24 coronavirus as authorized by section 2 of the COVID–19
25 Relief

for

Small

Businesses

Act

of

2020,

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48
1 $100,000,000,000, to remain available until September
2 30, 2021: Provided, That the Administrator shall notify
3 a grant applicant whether their application has been ap4 proved within 14 days of the grant being submitted: Pro5 vided further, That such amount is designated by the Con6 gress as being for an emergency requirement pursuant to
7 section 251(b)(2)(A)(i) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9

DISASTER LOANS PROGRAM ACCOUNT

10

For an additional amount for the ‘‘Disaster Loans

11 Program Account’’ for the cost of direct loans authorized
12 bysection

7(b)

of

the

Small

BusinessAct,

13 $25,739,000,000, to remain available until expended: Pro14 vided, That up to $739,000,000 may be transferred to and
15 merged with ‘‘Small Business Administration—Salaries
16 and Expenses’’: Provided further, That for purposes of sec17 tion 7(b)(2)(D) of the Small Business Act, coronavirus
18 shall be deemed to be a disaster and amounts available
19 under ‘‘Disaster Loans Program Account’’ for the cost of
20 direct loans in any fiscal year may be used to make eco21 nomic injury disaster loans under such section in response
22 to the coronavirus: Provided further, That none of the
23 funds provided under this heading in this Act may be used
24 for indirect administrative expenses: Provided further,
25 That such amount is designated by the Congress as being

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1 for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985: Provided further, That
4 amounts repurposed under this heading that were pre5 viously designated by the Congress as an emergency re6 quirement pursuant to the Balanced Budget and Emer7 gency Deficit Control Act of 1985 are designated by the
8 Congress as an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985.
11

SMALL BUSINESS DEBT RELIEF

12

For an additional amount for the cost of loan debt

13 relief as authorized by section 3 of the COVID–19 Relief
14 for Small Businesses Act of 2020, $16,800,000,000 to re15 main available until September 30, 2021: Provided, That
16 such amount is designated by the Congress as being for
17 anemergency

requirement

pursuanttosection18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20

BUSINESS LOANS PROGRAM ACCOUNT

21

For an additional amount for ‘‘Business Loans Pro-

22 gram Account’’, for the cost of direct loans and loan guar23 antees, such sums as may be necessary for the period of
24 fiscal years 2020 and 2021, of which $10,200,000, to re25 main available until expended shall be for the cost of direct

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1 loans, such sums as may be necessary for the period of
2 fiscal years 2020 and 2021, to remain available until ex3 pended, shall be for the cost of guaranteed loans, including
4 loan modifications authorized by sections 4, 5, 6, and 7
5 of the COVID–19 Relief for Small Businesses Act of
6 2020, and for the cost of guaranteed loans under section
7 503 of the Small Business Investment Act of 1958 and
8 section 7(a) of the Small Business Act for the period of
9 fiscal years 2020 through 2021: Provided, That for the
10 period of fiscal years 2020 through 2021, commitments
11 for general business loans authorized under section 7(a)
12 of

the

Small

Business

Act

shall

not

exceed13 $75,000,000,000: Provided further, That amounts provide
14 in this paragraph for the cost of guaranteed loans under
15 section 7(a) of the Small Business Act are in addition to
16 amounts otherwise available for the same purposes: Pro17 vided further, That notwithstanding any other provision
18 of law, no amounts made available under this heading
19 shall be available for transfer to another budget account:
20 Provided further, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.

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51
1

NEW MARKETS VENTURE CAPITAL PROGRAM

2

For an additional amount for the ‘‘New Markets Ven-

3 ture Capital Program’’ for the costs of grants and guaran4 teed loans authorized under the part B of the Small Busi5 ness Investment Act of 1958, such sums as may be nec6 essary, of which ø$2,000,000,000¿ shall be for grants au7 thorized under section 358 of the Small Business Invest8 ment Act of 1958 and such sums as may be necessary
9 to guarantee $10,000,000,000 in debentures, to remain
10 available until expended: Provided, That notwithstanding
11 any other provision of law, no amounts made available
12 under this heading shall be available for transfer to an13 other budget account: Provided further, That such amount
14 is designated by the Congress as being for an emergency
15 requirement pursuant to section 251(b)(2)(A)(i) of the
16 Balanced Budget and Emergency Deficit Control Act of
17 1985.
18

INTERMEDIARY LENDING PROGRAM

19

For an additional amount for the cost of the ‘‘Inter-

20 mediary Lending Program’’ as authorized by section 16
21 of the COVID–19 Relief for Small Businesses Act of
22 2020, $50,000,000, to remain available until September
23 30, 2021: Provided, That such amount is designated by
24 the Congress as being for an emergency requirement pur-

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1 suant to section 251(b)(2)(A)(i) of the Balanced Budget
2 and Emergency Deficit Control Act of 1985.
3

ENTREPRENEURIAL DEVELOPMENT PROGRAMS

4

For an additional amount for ‘‘Entrepreneurial De-

5 velopment Programs’’ for grants to small business devel6 opment centers, women’s business centers, and chapters
7 of the service corps of retired executives, as authorized
8 under section 14 of the COVID–19 Relief for Small Busi9 nesses Act of 2020, $240,000,000, to remain available
10 until September 30, 2021, of which $190,000,000 shall
11 be for grants to small business development centers and12 $50,000,000 shall for grants to women’s business centers
13 and chapters of the service corps of retired executives:
14 Provided, That such amount is designated by the Congress
15 as being for an emergency requirement pursuant to sec16 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985.
18

SALARIES AND EXPENSES

19

For an additional amount for ‘‘Salaries and Ex-

20 penses’’, $805,000,000, to remain available until Sep21 tember 30, 2021, to carry out the requirements of the
22 COVID–19 Relief for Small Businesses Act of 2020, of
23 which $80,000,000 shall be for marketing, management,
24 and technical assistance under section 7(m) of the Small
25 Business Act (15 U.S.C. 636(m)(4)) by intermediaries

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1 that make microloans under the microloan program, and
2 of which $25,000,000 shall be for resources and services
3 in languages other than English, as authorized in section
4 18 of the COVID–19 Relief for Small Businesses Act of
5 2020: Provided, That such amount is designated by the
6 Congress as being for an emergency requirement pursuant
7 to section 251(b)(2)(A)(i) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9

ADMINISTRATIVE PROVISION—SMALL BUSINESS10ADMINISTRATION

11

SEC. 10502. Notwithstanding section 7(b)(2)(D) of

12 the Small Business Act, the Small Business Administra13 tion shall issue a disaster declaration for each State and
14 territory for coronavirus.
15

UNITED STATES POSTAL SERVICE

16

PAYMENT TO POSTAL SERVICE FUND

17

For payment to the ‘‘Postal Service Fund’’, for rev-

18 enueforgone

due

to

the

coronavirus

pandemic,

19 $20,000,000,000, to remain available until September 30,
20 2022: Provided, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.

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54
1

GENERAL PROVISION—THIS TITLE

2

SEC. 10503. Notwithstanding any other provision of

3 law, funds made available under each heading in this title
4 shall only be used for the purposes specifically described
5 under that heading.

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55
1

TITLE VI

2

DEPARTMENT OF HOMELAND SECURITY

3

MANAGEMENT DIRECTORATE

4

OPERATIONS AND SUPPORT5

For an additional amount for ‘‘Operations and Sup-

6 port’’, $178,000,000, for the purchase of personal protec7 tive equipment and related supplies for components of the
8 Department of Homeland Security to prevent, prepare for,
9 and respond to coronavirus: Provided, That such amount
10 is designated by the Congress as being for an emergency
11 requirement pursuant to section 251(b)(2)(A)(i) of the
12 Balanced Budget and Emergency Deficit Control Act of
13 1985.
14

TRANSPORTATION AND SECURITY ADMINISTRATION

15OPERATIONS AND SUPPORT16

For an additional amount for ‘‘Operations and Sup-

17 port’’, $100,000,000, to prevent, prepare for, and respond
18 to coronavirus; of which $54,000,000 is for enhanced sani19 tation

atairportsecurity

checkpoints;

of

which

20 $26,000,000 is for overtime and travel costs for Transpor21 tation Security Officers; and of which $20,000,000 is for
22 the purchase of explosive trace detection swabs: Provided,
23 That such amount is designated by the Congress as being
24 for an emergency requirement pursuant to section

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56
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

COAST GUARD

4

OPERATIONS AND SUPPORT5

For an additional amount for ‘‘Operations and Sup-

6 port’’, $141,000,000, to prevent, prepare for, and respond
7 to coronavirus through activation of Coast Guard Reserve
8 personnel under section 12302 of title 10, United States
9 Code and for purchases to increase the capability and ca10 pacity of information technology systems and infrastruc11 ture to support telework and remote access: Provided,
12 That such amount is designated by the Congress as being
13 for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

CYBERSECURITY AND INFRASTRUCTURE SECURITY

17

AGENCY

18

OPERATIONS AND SUPPORT19

For an additional amount for ‘‘Operations and Sup-

20 port’’, $14,400,000, to prevent, prepare for, and respond
21 to coronavirus through interagency critical infrastructure
22 coordination and related activities: Provided, That such
23 amount is designated by the Congress as being for an
24 emergency

requirement

pursuanttosection

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57
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

FEDERAL EMERGENCY MANAGEMENT AGENCY

4

OPERATIONS AND SUPPORT5

For an additional amount for ‘‘Operations and Sup-

6 port’’, $45,000,000, for facilities and information tech7 nology to prevent, prepare for, and respond to coronavirus:
8 Provided, That such amount is designated by the Congress
9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985.
12

FEDERAL ASSISTANCE

13

For an additional amount for ‘‘Federal Assistance’’,14 $200,000,000, for the emergency food and shelter pro15 gram under title III of the McKinney-Vento Homeless As16 sistance Act (42 U.S.C. 11331 et seq.): Provided, That
17 notwithstanding sections 315 and 316(b) of such Act,
18 funds made available under this section shall be disbursed
19 by the Emergency Food and Shelter Program National
20 Board not later than 30 days after the date on which such
21 funds become available: Provided further, That such funds
22 may be used to reimburse jurisdictions or local recipient
23 organizations for costs incurred in providing services on
24 or after January 1, 2020: Provided further, That such
25 amount is designated by the Congress as being for an

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58
1 emergency

requirement

pursuanttosection2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4

For an additional amount for ‘‘Federal Assistance’’,5 to supplement funds otherwise available for the ‘‘Assist6 ance to Firefighters Grants’’ $100,000,000, to remain
7 available until September 30, 2021, for the purchase of
8 personal protective equipment and related supplies to pre9 vent, prepare for, and respond to coronavirus: Provided,
10 That such amount is designated by the Congress as being
11 for an emergency requirement pursuant to section
12 251(b)(2)(A)(i) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985
14

DISASTER RELIEF FUND

15

For an additional amount for ‘‘Disaster Relief

16 Fund’’, $2,000,000,000, to remain available until ex17 pended: Provided, That such amount is designated by the
18 Congress as being for an emergency requirement pursuant
19 to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21

GENERAL PROVISIONS—THIS TITLE

22

SEC. 10601. Notwithstanding any other provision of

23 law, funds made available under each heading in this title,
24 except for ‘‘Federal Emergency Management Agency—

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1 Disaster Relief Fund’’, shall only be used for the purposes
2 specifically described under that heading.
3

SEC. 10602. (a) Assistance provided under the emer-

4 gency declaration issued by the President on March 13,
5 2020, pursuant to section 501(b) of the Robert T. Staf6 ford Disaster Relief and Emergency Assistance Act (427 U.S.C. 5121–5207), and under any subsequent major dec8 laration under section 401 of such Act that supersedes
9 such emergency declaration, shall be at a 100 percent
10 Federal cost share.
11(b) Amounts repurposed under this section that were

12 previously designated by the Congress, respectively, as an
13 emergency requirement or as being for disaster relief pur14 suant to the Balanced Budget and Emergency Deficit
15 Control Act are designated by the Congress as being for
16 an

emergency

requirement

pursuanttosection

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985 or as being for disaster relief
19 pursuant to section 251(b)(2)(D) of the Balanced Budget
20 and Emergency Deficit Control Act of 1985.
21

SEC. 10603. Notwithstanding any other provision of

22 law, any amounts appropriated for ‘‘Department of Home23 land Security—Federal Emergency Management Agen24 cy—Disaster Relief Fund’’ in this Act are available only
25 for the purposes for which they were appropriated.

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60
1SEC. 10604. (a) For calendar year 2020 and calendar

2 year 2021, any provision of law limiting the aggregate
3 amount of premium pay or overtime payable on a biweekly
4 or calendar year basis, or establishing an aggregate limita5 tion on pay, shall not apply to any premium pay or over6 time that is funded, either directly or through reimburse7 ment, by the ‘‘Federal Emergency Management Agency—
8 Disaster Relief Fund’’ related to an emergency or major
9 disaster declared in calendar year 2020.
10(b) Pay exempted from otherwise applicable limits

11 under this section shall not cause the aggregate pay for
12 the calendar year to exceed the rate of basic pay payable
13 for a position at level II of the Executive Schedule under
14 section 5313 of title 5, United States Code.
15(c) Notwithstanding any other provisions of law, an

16 Executive agency shall not be liable for damages, fees, in17 terests, or costs of any kind as a result of any delay occur18 ring prior to the date of enactment of this Act in payments
19 made pursuant to this section.
20(d) This section shall take effect as if enacted on De-

21 cember 31, 2019.
22(e) Amounts repurposed under this section that were

23 previously designated by the Congress, respectively, as an
24 emergency requirement or as being for disaster relief pur25 suant to the Balanced Budget and Emergency Deficit

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1 Control Act are designated by the Congress as being for
2 anemergency

requirement

pursuanttosection3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985 or as being for disaster relief
5 pursuant to section 251(b)(2)(D) of the Balanced Budget
6 and Emergency Deficit Control Act of 1985.
7

SEC. 10605. The Secretary of Homeland Security,

8 under the authority granted under section 205(b) of the
9 REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C.
10 30301 note) shall extend the deadline by which States are
11 required to meet the driver license and identification card
12 issuance requirements under section 202(a)(1) of such Act
13 until not earlier than September 30, 2021.
14

SEC. 10606. (a) For the emergency declared on

15 March 13, 2020, by the President under section 501 of
16 the Robert T. Stafford Disaster Relief and Emergency As17 sistance Act (42 U.S.C. 5191) the President may provide
18 assistance for —19(1) activities, costs, and purchases of State and local

20 jurisdictions including—21(A) activities eligible for assistance under sec-

22

tions 301, 415, 416, and 426 of the Robert T. Staf-

23

ford Disaster Relief and Emergency Assistance Act

24(42 U.S.C. 5141, 5182, 5183, 5189d);

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML621(B) backfill costs for first responders and other2

essential employees who are ill or quarantined;

3(C) increased operating costs for essential gov-

4

ernment services due to such emergency, including5

costs for implementing continuity plans;

6(D) costs of providing guidance and information7

to the public and for call centers to disseminate such

8

guidance and information;

9(E) costs associated with establishing virtual

10

services;

11(F) costs for establishing and operating remote

12

test sites;

13(G) training provided specifically in anticipation

14of or in response to the event on which such emer-

15

gency declaration is predicated;

16(H) personal protective equipment and other17

critical supplies for first responders; and18(I) public health and medical supplies; and19(2) activities and costs of nonprofit organizations in-

20 cluding—21(A) operating and equipment costs for blood do-

22nation activities, including personnel costs; and23(B) establishing and operating public call cen-24

ters in support of government operations, including

25

personnel costs.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML631(b) The activities specified in subsection (a) may also

2 be eligible for assistance under any major disaster de3 clared by the President under section 401 of such Act that
4 supersedes the emergency declaration described in such
5 subsection.
6(c) Nothing in this section shall be construed to make7 ineligible any assistance that would otherwise be eligible
8 under section 502 of such Act.
9

SEC. 10607. (a) During the public health emergency

10 declared pursuant to section 319 of the Public Health
11 Service Act (42 U.S.C. 247d) with respect to the COVID–
12 19 pandemic, the Secretary of Homeland Security, Sec13 retary of State, Attorney General or Secretary of Labor,
14 as appropriate, shall temporarily suspend or modify any
15 procedural requirement with which an applicant, peti16 tioner, or other person or entity must otherwise comply
17 under the immigration laws, as defined in section
18 101(a)(17) of the Immigration and Nationality Act (819 U.S.C. 1101(a)(17)), or any regulation pertaining thereto,
20 when necessary to—21(1) promote government efficiency;

22(2) ensure the timely and fair adjudication of

23

applications or petitions;24(3) prevent hardship to applicants, petitioners,

25

beneficiaries, or other persons or entities, including

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64
1by granting automatic or other extensions or renew-

2

als when necessary to protect individuals from lapses

3

in status or work authorization; or

4(4) protect the public interest.

5(b) Notwithstanding any other provision law, the re-6 quirements of chapter 5 of title 5, U.S. Code (commonly
7 known as the Administrative Procedure Act), or any other8 law relating to rulemaking, information collection or publi9 cation in the Federal Register shall not apply to any ac10 tion taken under the authority of this section.
11(c) Notwithstanding any other provision of law, with

12 respect to any alien whose nonimmigrant status, status
13 under section 244 of the Immigration and Nationality Act
14 (8 U.S.C. 1254a), or employment authorization has ex15 pired within the 30 days preceding the date of the enact16 ment of this act, or will expire not later than one year
17 after such date, the Secretary of Homeland Security shall
18 automatically extend such status or work authorization for
19 the same time period as the alien’s prior status or work
20 authorization.
21(d) The amounts made available by this section are

22 designated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985

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65
1SEC. 10608. (a) Amounts provided for ‘‘Coast

2 Guard—Operations and Support’’ for fiscal year 2020
3 may, in addition to amounts otherwise available for such
4 purposes, be available for pay and benefits of Coast Guard
5 Yard and Vessel Documentation personnel, Non-Appro6 priated Funds personnel, and for Morale, Welfare and
7 Recreation Programs.
8(b) Any amounts repurposed under subsection (a)9 that were previously designated by the Congress as an
10 emergency requirement or as being for Overseas Contin11 gency Operations/Global War on Terrorism pursuant to
12 the Balanced Budget and Emergency Deficit Control Act
13 of 1985 are designated by the Congress as being for an
14 emergency

requirement

pursuanttosection

15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985 or as for Overseas Contin17 gency Operations/Global War on Terrorism pursuant to
18 section 251(b)(2)(A)(ii) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.

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66
1

TITLE VII—INTERIOR, ENVIRONMENT, AND

2

RELATED AGENCIES

3DEPARTMENT OF THE INTERIOR

4

BUREAU OF INDIAN AFFAIRS

5OPERATION OF INDIAN PROGRAMS6(INCLUDING TRANSFER OF FUNDS)

7

For an additional amount for ‘‘Operation of Indian

8 Programs’’, $453,000,000, to remain available until Sep9 tember 30, 2021, to prevent, prepare for, and respond to
10 coronavirus, including to support public safety and justice
11 programs, welfare and social service programs (including
12 assistance to individuals), and for aid to Tribal govern13 ments: Provided, That of such sums, funds may be used
14 for executive direction to carry out cleaning of facilities,
15 to purchase personal protective equipment, and to obtain
16 information technology: Provided further, That the limita17 tion on welfare assistance funds included in the matter
18 preceding the first proviso under this heading in the Fur19 ther Consolidated Appropriations Act, 2020 (Public Law
20 116–94) shall not apply to amounts provided for such pro21 grams in this paragraph: Provided further, That assistance
22 received hereunder shall not be included in the calculation
23 of funds received by those Tribal governments who partici24 pate in the ‘‘Small and Needy’’ program: Provided further,
25 That amounts provided under this heading in this Act may

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1 be made available for distribution through Tribal priority
2 allocations for Tribal response and capacity building ac3 tivities related to the purposes identified under this head4 ing in this Act: Provided further, That such amounts, if
5 transferred to Tribes and Tribal organizations under the
6 Indian Self-Determination and Education Assistance Act:
7 (1) will be transferred on a one-time basis, (2) are non8 recurring funds that are not part of the amount required
9 by 25 U.S.C. 5325, and (3) may only be used for the pur10 poses identified under this heading in this Act, notwith11 standing any other provision of law: Provided further, That
12 such amount is designated by the Congress as being for
13 an

emergency

requirement

pursuanttosection

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

BUREAU OF INDIAN EDUCATION

17

OPERATION OF INDIAN EDUCATION PROGRAMS

18

For an additional amount for ‘‘Operation of Indian

19 Education Programs’’, $69,000,000, to remain available
20 until September 30, 2021, to prevent, prepare for, and re21 spond to coronavirus, including, in addition to amounts
22 otherwise available, support for Tribally-Controlled Col23 leges and Universities, salaries, transportation, and infor24 mation technology: Provided, That of the amounts pro25 vided in this paragraph, not less than $20,000,000 shall

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68
1 be for Tribally-Controlled Colleges and Universities: Pro2 vided further, That such amount is designated by the Con3 gress as being for an emergency requirement pursuant to
4 section 251(b)(2)(A)(i) of the Balanced Budget and
5 Emergency Deficit Control Act of 1985.
6

DEPARTMENTAL OFFICES

7

OFFICE OF THE SECRETARY8DEPARTMENTAL OPERATIONS

9(INCLUDING TRANSFERS OF FUNDS)

10

For an additional amount for ‘‘Departmental Oper-

11 ations’’ for necessary expenses to prevent, preapre for, and12 respond to coronavirus, $158,400,000, to remain available
13 until September 30, 2021: Provided, That the amounts
14 made available in this paragraph shall be used to absorb
15 increased operational costs associated with the coronavirus
16 outbreak including but not limited to: purchase of equip17 ment and supplies to disinfect and clean buildings and18 public areas, support law enforcement and emergency
19 management operations, biosurveillance of wildlife and en20 vironmental persistence studies, employee overtime and21 special pay expenses, and for other response, mitigation,
22 or recovery activities associated with the coronavirus out23 break: Provided further, That the amounts made available
24 by this paragraph may be transferred between the Office
25 of the Secretary and any Department of the Interior com-

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1 ponent bureau or office that received funding in division
2 D of the Further Consolidated Appropriations Act, 2020
3 (Public Law 116–94): Provided further, That concurrent
4 with any such transfer the Secretary shall notify the
5 House and Senate Committees on Appropriations in writ6 ing and provide a detailed description of and justification
7 for each transfer: Provided further, That as soon as prac8 ticable after the date of enactment of this Act, the Sec9 retary shall transfer $1,000,000 to the Office of the In10 spector General, ‘‘Salaries and Expenses’’ account for
11 oversight activities related to the implementation of pro12 grams, activities, or projects funded herein: Provided fur13 ther, That expenditure of amounts made available herein
14 may be made through direct expenditure or cooperative
15 agreement: Provided further, That such amount is des16 ignated by the Congress as being for an emergency re17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985.
19

INSULAR AFFAIRS20

For an additional amount for ‘‘Assistance to Terri-

21 tories’’, $55,000,000, to remain available until September
22 30, 2021, to prevent, prepare for, and respond to
23 coronavirus, domestically or internationally, for territorial
24 assistance, specifically for general technical assistance:
25 Provided, That such amount is designated by the Congress

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70
1 as being for an emergency requirement pursuant to sec2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985.
4

ENVIRONMENTAL PROTECTION AGENCY5SCIENCE AND TECHNOLOGY

6

For an additional amount for ‘‘Science and Tech-

7 nology’’, $2,250,000, to remain available until September
8 30, 2021, to prevent, prepare for, and respond to
9 coronavirus, of which $750,000 shall be for necessary ex10 penses for cleaning and disinfecting equipment or facilities
11 of, or for use by, the Environmental Protection Agency,
12 and $1,500,000 shall be for research on methods to reduce
13 the risks from environmental transmission of coronavirus
14 via contaminated surfaces or materials: Provided, That
15 such amount is designated by the Congress as being for
16 an

emergency

requirement

pursuanttosection

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985.
19

ENVIRONMENTAL PROGRAMS AND MANAGEMENT20

For an additional amount for ‘‘Environmental Pro-

21 grams and Management’’, $3,910,000, to remain available
22 until September 30, 2021, to prevent, prepare for, and re23 spond to coronavirus, of which $2,410,000 shall be for
24 necessary expenses for cleaning and disinfecting equip25 ment or facilities of, or for use by, the Environmental Pro-

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1 tection Agency, and operational continuity of Environ2 mental Protection Agency programs and related activities,
3 and $1,500,000 shall be for expediting registration and4 other actions related to pesticides to address coronavirus:
5 Provided, That such amount is designated by the Congress
6 as being for an emergency requirement pursuant to sec7 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985.
9

BUILDINGS AND FACILITIES

10

For an additional amount for ‘‘Buildings and Facili-

11 ties’’, $300,000, to remain available until September 30,
12 2021, to prevent, prepare for, and respond to coronavirus:
13 Provided, That such funds shall be for necessary expenses
14 for cleaning and disinfecting equipment or facilities of, or
15 for use by, the Environmental Protection Agency: Pro16 vided further, That such amount is designated by the Con17 gress as being for an emergency requirement pursuant to
18 section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20

HAZARDOUS SUBSTANCE SUPERFUND21

For an additional amount for ‘‘Hazardous Substance

22 Superfund’’, $770,000, to remain available until Sep23 tember 30, 2021, to prevent, prepare for, and respond to
24 coronavirus: Provided, That such funds shall be for nec25 essary expenses for cleaning and disinfecting equipment

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72
1 or facilities of, or for use by, the Environmental Protection
2 Agency: Provided further, That such amount is designated
3 by the Congress as being for an emergency requirement
4 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg5 et and Emergency Deficit Control Act of 1985.
6

DEPARTMENT OF AGRICULTURE

7

FOREST SERVICE

8FOREST AND RANGELAND RESEARCH

9

For an additional amount for ‘‘Forest and Rangeland

10 Research’’, $3,000,000, to remain available until Sep11 tember 30, 2021, for the reestablishment of abandoned or
12 failed experiments associated with coronavirus restric13 tions: Provided, That such amount is designated by the
14 Congress as being for an emergency requirement pursuant
15 to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17

NATIONAL FOREST SYSTEM

18

For an additional amount for‘‘National Forest Sys-

19 tem’’, $33,800,000, to remain available until September
20 30, 2021, to prevent, prepare for, and respond to
21 coronavirus, including for personal protective equipment,
22 for cleaning and disinfecting public recreation amenities,
23 and for necessary expenses related to cybersecurity, the24 provision of telework ready equipment, and Information
25 Technology help desk personnel: Provided, That such

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1 amount is designated by the Congress as being for an
2 emergency

requirement

pursuanttosection3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5

CAPITAL IMPROVEMENT AND MAINTENANCE

6

For an additional amount for ‘‘Capital Improvement

7 and Maintenance’’, $26,800,000, to remain available until
8 September 30, 2021, for necessary expenses related to cy9 bersecurity, the provision of telework ready equipment,
10 and Information Technology help desk personnel, and for11 the cleaning, disinfecting, and janitorial services to pre12 vent, prepare for, and respond to coronavirus: Provided,
13 That such amount is designated by the Congress as being
14 for an emergency requirement pursuant to section
15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985.
17

WILDLAND FIRE MANAGEMENT18

For an additional amount for ‘‘Wildland Fire Man-

19 agement’’ to supplement amounts otherwise available for
20 Preparedness, $7,000,000, to remain available until Sep21 tember 30, 2021, for personal protective equipment and22 necessary expenses of first responders to prevent, prepare
23 for, and respond to coronavirus: Provided, That such
24 amount is designated by the Congress as being for an
25 emergency

requirement

pursuanttosection

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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

DEPARTMENT OF HEALTH AND HUMAN

4

SERVICES

5INDIAN HEALTH SERVICE

6

INDIAN HEALTH SERVICES

7

For an additional amount for ‘‘Indian Health Serv-

8 ices’’, $1,032,000,000, to remain available until Sep9 tember 30, 2021, for preparedness, response, surveillance,
10 and health service activities for coronavirus, including for
11 public health support, electronic health record moderniza12 tion, telehealth and other IT upgrades, Purchased/Re13 ferred care, Catastrophic Health Emergency Fund, com14 munity health representatives, Urban Indian Organiza15 tions, Tribal Epidemiology Centers, and other activities to
16 protect the safety of patients and staff: Provided, That
17 none of the funds appropriated by this Act to the Indian
18 Health Service for the Electronic Health Record system
19 shall be made available for obligation to execute a Request
20 for Proposal for selection of core components appropriate
21 to support the initial capacity of the system unless the
22 Committees on Appropriations of the House of Represent23 atives and the Senate have been briefed 90 days in ad24 vance of such execution of a Request for Proposal: Pro25 vided further, That of the amount provided in this para-

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75
1 graph, not less than $450,000,000 shall be distributed
2 through Tribal shares and contracts with Urban Indian
3 Organizations: Provided further, That any amounts pro4 vided in this paragraph not allocated pursuant to the pre5 ceding proviso shall be allocated at the discretion of the
6 Director of the Indian Health Service: Provided further,
7 That such amounts may be used to supplement amounts
8 otherwise available under ‘‘Indian Health Facilities’’: Pro9 vided further, That such amounts, if transferred to Tribes
10 and Tribal organizations under the Indian Self-Deter11 mination and Education Assistance Act, will be trans12 ferred on a one-time basis and that these non-recurring
13 funds are not part of the amount required by 25 U.S.C.
14 5325, and that such amounts may only be used for the
15 purposes identified under this heading notwithstanding
16 any other provision of law: Provided further, That such
17 amount is designated by the Congress as being for an
18 emergency

requirement

pursuanttosection

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.

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76
1

AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2REGISTRY

3

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4

HEALTH5

For an additional amount for ‘‘Toxic Substances and6 Environmental Public Health’’, $12,500,000, to remain
7 available until September 30, 2021, to monitor, prevent,
8 prepare for, and respond to coronavirus and other emerg9 ing infectious diseases, domestically or internationally; of
10 which $7,500,000 shall be for necessary expenses of the
11 Geospatial Research, Analysis and Services Program
12 (GRASP) to support spatial analysis and GIS mapping
13 of infectious disease hot spots, including cruise ships; and14 $5,000,000 shall be for necessary expenses for awards for
15 Pediatric Environmental Health Specialties Units and
16 state health departments to provide guidance and outreach17 on safe practices for home, school, and daycare facilities
18 disinfection for facilities that have experienced or want to19 prevent coronavirus and other emerging infectious disease
20 cases: Provided, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.

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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA
2

NATIVE CULTURE

3PAYMENT TO THE INSTITUTE

4

For an additional amount for ‘‘Payment to the Insti-

5 tute’’, $78,000, to remain available until September 30,
6 2021, to prevent, prepare for, and respond to coronavirus:
7 Provided, That such amount is designated by the Congress
8 as being for an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985.
11

SMITHSONIAN INSTITUTION

12SALARIES AND EXPENSES

13

For an additional amount for ‘‘Salaries and Ex-

14 penses’’, $7,500,000, to remain available until September
15 30, 2021, for cleaning, security, information technology,
16 and staff overtime, to prevent, prepare for, and respond
17 to coronavirus: Provided, That such amount is designated
18 by the Congress as being for an emergency requirement
19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985.
21

JOHN F. KENNEDY CENTER FOR THE PERFORMING

22

ARTS

23

OPERATIONS AND MAINTENANCE

24

For an additional amount for ‘‘Operations and Main-

25 tenance’’, $35,000,000, to remain available until Sep-

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78
1 tember 30, 2021, for operations and maintenance require2 ments related to the consequences of coronavirus: Pro3 vided, That notwithstanding the provisions of 20 U.S.C.
4 76h et seq., funds provided in this Act shall be made avail5 able to cover operating expenses required to ensure the
6 continuity of the John F. Kennedy Center for the Per7 forming Arts and its affiliates, including for employee
8 compensation and benefits, grants, contracts, payments
9 for rent or utilities, fees for artists or performers, informa10 tion technology, and other administrative expenses: Pro11 vided further, That no later than October 31, 2020, the
12 Board of Trustees of the Center shall submit a report to
13 the Committees on Appropriations of the House of Rep14 resentatives and Senate that includes a detailed expla15 nation of the distribution of the funds provided herein:
16 Provided further, That such amount is designated by the
17 Congress as being for an emergency requirement pursuant
18 to section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20

NATIONAL FOUNDATION ON THE ARTS AND THE

21

HUMANITIES22NATIONAL ENDOWMENT FOR THE ARTS

23

GRANTS AND ADMINISTRATION24

For an additional amount for ‘‘Grants and Adminis-

25 tration’’, $300,000,000, to remain available until Sep-

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79
1 tember 30, 2021, for grants to respond to the impacts of
2 coronavirus: Provided, That such funds are available
3 under the same terms and conditions as grant funding ap4 propriated to this heading in P.L. 116–94: Provided fur5 ther, That 40 percent of such funds shall be distributed
6 to State arts agencies and regional arts organizations and
7 60 percent of such funds shall be for direct grants: Pro8 vided further, That such amount is designated by the Con9 gress as being for an emergency requirement pursuant to
10 section 251(b)(2)(A)(i) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985:
12

NATIONAL ENDOWMENT FOR THE HUMANITIES13

GRANTS AND ADMINISTRATION14

For an additional amount for ‘‘Grants and Adminis-

15 tration’’, $300,000,000, to remain available until Sep16 tember 30, 2021, for grants to respond to the impacts of
17 coronavirus: Provided, That such funds are available
18 under the same terms and conditions as grant funding ap19 propriated to this heading in Public Law 116–94: Pro20 vided further, That 40 percent of such funds shall be dis21 tributed to state humanities councils and 60 percent of
22 such funds shall be for direct grants: Provided further,
23 That such amount is designated by the Congress as being
24 for an emergency requirement pursuant to section

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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

GENERAL PROVISIONS

4

SEC. 10701. Notwithstanding any other provision of

5 law, funds made available under the heading ‘‘National
6 Foundation on the Arts and the Humanities—National
7 Endowment for the Arts—Grants and Administration’’ for
8 each of fiscal years 2019 and 2020 for grants for the pur9 poses described in section 5(c) of the National Foundation
10 on the Arts and Humanities Act of 1965 (20 U.S.C.
11 954(c)) may also be used by the recipients of such grants
12 for purposes of the general operations of such recipients
13 and the matching requirements under subsections (e),14 (g)(4)(A), and (p)(3) of section 5 of the National Founda15 tion on the Arts and Humanities Act of 1965 (20 U.S.C.
16 954) may be waived with respect to such grants.
17

SEC. 10702. Notwithstanding any other provision of

18 law, funds made available under the heading ‘‘National
19 Foundation on the Arts and the Humanities—National
20 Endowment for the Humanities—Grants and Administra21 tion’’ for each of fiscal years 2019 and 2020 for grants
22 for the purposes described in section 7(c) and 7(h)(1) of
23 the National Foundation on the Arts and Humanities Act
24 of 1965 may also be used by the recipients of such grants
25 for purposes of the general operations of such recipients

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81
1 and

the

matching

requirements

undersubsection

2 (h)(2)(A) of section 7 of the National Foundation on the
3 Arts and Humanities Act of 1965 may be waived with re4 spect to such grants.

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1 TITLE

VIII—DEPARTMENTSOF

LABOR,

2

HEALTH AND HUMAN SERVICES, AND EDU-

3

CATION, AND RELATED AGENCIES

4DEPARTMENT OF LABOR

5EMPLOYMENT AND TRAINING ADMINISTRATION

6TRAINING AND EMPLOYMENT SERVICES

7

For an additional amount for ‘‘Training and Employ-

8 ment Services’’, $960,000,000, to remain available until
9 September 30, 2021, to prevent, prepare for, and respond
10 to coronavirus through activities under the Workforce In11 novation and Opportunity Act (referred to in this Act as
12 ‘‘WIOA’’) as follows:13(1) $212,000,000 for grants to States for adult

14

employment and training activities, including sup-15

portive services and needs-related payments;

16(2) $227,000,000 for grants to States for youth

17

activities, including supportive services;18(3) $261,000,000 for grants to States for dis-19

located worker employment and training activities,

20

including supportive services and needs-related pay-21

ments;

22(4) $250,000,000 for the Dislocated Worker

23

National Reserve, of which $150,000,000 shall be

24

for the Strengthening Community College Training

25

Grant program as outlined under the heading

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83
1‘‘Training and Employment Services’’ in paragraph2(2)(A)(ii) of title I of division A of Public Law 116–3

94 to assist community colleges in meeting the edu-

4cational and training needs of their communities as

5a result of coronavirus;

6(5) $10,000,000 for Migrant and Seasonal

7

Farmworkers, including for emergency supportive

8

services to farmworkers, of which $500,000 shall be

9available for the collection and dissemination of elec-

10

tronic and printed materials related to coronavirus:

11 Provided, That such amount is designated by the Congress
12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985.
15

JOB CORPS16

For an additional amount for ‘‘Job Corps’’,

17 $100,000,000, to remain available until September 30,
18 2021, to prevent, prepare for, and respond to coronavirus,
19 including for student services: Provided, That such
20 amount is designated by the Congress as being for an
21 emergency

requirement

pursuanttosection

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.

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84
1

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT2SERVICE OPERATIONS

3

For an additional amount for ‘‘State Unemployment

4 and Insurance and Employment Service Operations’’,
5 $150,000,000, to remain available until September 30,
6 2021, to prevent, prepare for, and respond to coronavirus
7 through grants to States in accordance with section 6 of
8 the Wagner-Peyser Act: Provided, That such amount is
9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985.
12

COMMUNITY SERVICE EMPLOYMENT FOR OLDER

13

AMERICANS

14

For an additional amount for ‘‘Community Service

15 Employment for Older Americans’’, $120,000,000, to re16 main available until September 30, 2021, to prevent, pre17 pare for, and respond to coronavirus: Provided, That
18 funds made available under this heading in this Act may,
19 in accordance with section 517(c) of the Older Americans
20 Act of 1965, be recaptured and reobligated: Provided fur21 ther, That such amount is designated by the Congress as
22 being for an emergency requirement pursuant to section
23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

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85
1

PROGRAM ADMINISTRATION2

For an additional amount for ‘‘Program Administra-

3 tion’’, $15,000,000, to remain available until September
4 30, 2020, to prevent, prepare for, and respond to
5 coronavirus, including for the administration, oversight,
6 and coordination of unemployment insurance activities re7 lated thereto: Provided, That such amount is designated
8 by the Congress as being for an emergency requirement
9 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg10 et and Emergency Deficit Control Act of 1985.
11

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

12SALARIES AND EXPENSES

13

For an additional amount for ‘‘Employee Benefits

14 Security Administration’’, $3,000,000, to remain available
15 until September 30, 2020, to prevent, prepare for, and re16 spond to coronavirus, including for the administration,
17 oversight, and coordination of worker protection activities
18 related thereto: Provided, That such amount is designated
19 by the Congress as being for an emergency requirement
20 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg21 et and Emergency Deficit Control Act of 1985.
22

WAGE AND HOUR DIVISION

23

SALARIES AND EXPENSES

24

For an additional amount for ‘‘Wage and Hour Divi-

25 sion’’, $6,500,000, to remain available until September

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1 30, 2020, to prevent, prepare for, and respond to
2 coronavirus, including for the administration, oversight,
3 and coordination of worker protection activities related
4 thereto: Provided, That such amount is designated by the
5 Congress as being for an emergency requirement pursuant
6 to section 251(b)(2)(A)(i) of the Balanced Budget and
7 Emergency Deficit Control Act of 1985.
8 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
9SALARIES AND EXPENSES

10

For an additional amount for ‘‘Occupational Safety

11 and Health Administration’’, $30,000,000, to remain
12 available until September 30, 2021, for worker protection
13 activities to prevent, prepare for, and respond to
14 coronavirus: Provided, That of that amount, $10,000,000
15 shall be available for Susan Harwood training grants: Pro16 vided further, That such amount is designated by the Con17 gress as being for an emergency requirement pursuant to
18 section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20

DEPARTMENTAL MANAGEMENT

21

OFFICE OF INSPECTOR GENERAL

22

SALARIES AND EXPENSES

23

For an additional amount for ‘‘Office of Inspector

24 General’’, $1,500,000, to remain available until September
25 30, 2022, for oversight of activities supported with funds

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1 appropriated to the Department of Labor: Provided, That
2 such amount is designated by the Congress as being for
3 anemergency

requirement

pursuanttosection4 251(b)(2)(A)(i) of the Balanced Budget and Emergency
5 Deficit Control Act of 1985.
6

VETERANS EMPLOYMENT AND TRAINING

7

For an additional amount for ‘‘Veterans Employment

8 and Training,’’ $15,000,000, to remain available through9 September 30, 2021, to prevent, prepare for, and respond
10 to coronavirus, including for programs to assist homeless
11 veterans and veterans at risk of homelessness: Provided,
12 That such amount is designated by the Congress as being
13 for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

DEPARTMENT OF HEALTH AND HUMAN

17

SERVICES

18

HEALTH RESOURCES AND SERVICES ADMINISTRATION19PRIMARY HEALTH CARE

20

For an additional amount for ‘‘Primary Health

21 Care’’, $1,300,000,000, to remain available until Sep22 tember 30, 2021, for necessary expenses to prevent, pre23 pare for, and respond to coronavirus, for grants and coop24 erative agreements under the Health Centers Program, as
25 defined by section 330 of the Public Health Service Act,

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88
1 and for eligible entities under the Native Hawaiian Health2 Care Improvement Act, including maintenance of current
3 health care center capacity and staffing levels: Provided,
4 Thatsections

330(r)(2)(B),

330(e)(6)(A)(iii),

and5 330(e)(6)(B)(iii) shall not apply to funds provided under
6 this heading in this Act: Provided further, That such
7 amount is designated by the Congress as being for an
8 emergency

requirement

pursuanttosection9 251(b)(2)(A)(i) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11

RYAN WHITE HIV/AIDS PROGRAM

12

For an additional amount for ‘‘Ryan White HIV/

13 AIDS Program’’, $90,000,000, to remain available
14 through September 30, 2021, to prevent, prepare for, and
15 respond to coronavirus: Provided, That awards from funds
16 provided under this heading in this Act shall be through17 modifications to existing contracts and supplements to ex18 isting grants and cooperative agreements under parts A
19 , B, C, D, F, and section 2692(a) of title XXVI of the
20 Public Health Service Act: Provided further, That such
21 supplements shall be awarded using a data-driven method22 ology determined by the Secretary of Health and Human
23 Services:

Providedfurther,That

sections

2604(c),24 2612(b), and 2651(c) of the Public Health Service Act
25 shall not apply to funds provided under this heading in

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1 this Act: Provided further, That such amount is designated
2 by the Congress as being for an emergency requirement
3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985.
5

HEALTH CARE SYSTEMS

6

For an additional amount for ‘‘Health Care Sys-

7 tems’’, $5,000,000, to remain available until September
8 30, 2021 to prevent, prepare for, and respond to
9 coronavirus, for activities authorized under sections 1271
10 and 1273 of the Public Health Service Act to improve the
11 capacity of poison control centers to respond to increased
12 calls and communications: Provided, That such amount is
13 designated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985.
16

RURAL HEALTH

17

For an additional amount for ‘‘Rural Health’’,18 $460,000,000, to remain available through September 30,
19 2021, to prevent, prepare for, and respond to coronavirus,
20 including telephonic and virtual care for the underinsured,
21 and for continuation and expansion of telehealth and rural
22 health activities under sections 330A and 330I of the Pub23 lic Health Service Act and section 711 of the Social Secu24 rity Act: Provided, That of the amount provided under this25 heading in this Act, not less than $15,000,000 shall be

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90
1 allocated to tribes, tribal organizations, urban Indian
2 health organizations, or health service providers to tribes:
3 Provided further, That such amount is designated by the
4 Congress as being for an emergency requirement pursuant
5 to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7

CENTERS FOR DISEASE CONTROL AND PREVENTION

8

CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT9

For an additional amount for ‘‘CDC–Wide Activities

10 and Program Support’’, $5,500,000,000, to remain avail11 able until September 30, 2024, to prevent, prepare for,12 and respond to coronavirus, domestically or internation13 ally: Provided, That not less than $2,000,000,000 of the
14 amount provided shall be for grants to or cooperative
15 agreements with States, localities, territories, tribes, tribal
16 organizations, urban Indian health organizations, or
17 health service providers to tribes, for such purposes includ18 ing to carry out surveillance, epidemiology, laboratory ca19 pacity, infection control, mitigation, communications, and20 other preparedness and response activities: Provided fur21 ther, That every grantee that received a Public Health
22 Emergency Preparedness grant for fiscal year 2019 shall
23 receive not less than 100 percent of that grant level from
24 funds provided in the first proviso under this heading in
25 this Act, and not less than $125,000,000 of such funds

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1 shall be allocated to tribes, tribal organizations, urban In2 dian health organizations, or health service providers to
3 tribes: Provided further, That the Director of the Centers
4 for Disease Control and Prevention (‘‘CDC’’) may satisfy
5 the funding thresholds outlined in the preceding two pro6 visos by making awards through other grant or coopera7 tive agreement mechanisms: Provided further, That of the
8 amount provided under this heading in this Act, not less9 than $1,000,000,000 shall be for global disease detection
10 and emergency response: Provided further, That of the
11 amount provided under this heading in this Act,
12 $500,000,000 shall be for public health data surveillance
13 and analytics infrastructure modernization: Provided fur14 ther, That funds appropriated under this heading in this15 Act may be used for grants for the rent, lease, purchase,
16 acquisition, construction, alteration, or renovation of non17 Federally owned facilities to improve preparedness and re18 sponse capability at the State and local level: Provided fur19 ther, That funds may be used for purchase and insurance
20 of official motor vehicles in foreign countries: Provided fur21 ther, That such amount is designated by the Congress as
22 being for an emergency requirement pursuant to section
23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

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92
1

NATIONAL INSTITUTES OF HEALTH

2

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

3

For an additional amount for ‘‘National Heart, Lung,

4 and Blood Institute’’, $103,400,000, to remain available
5 until September 30, 2024, to prevent, prepare for, and re6 spond to coronavirus, domestically or internationally: Pro7 vided, That such amount is designated by the Congress
8 as being for an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985.
11

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

12

DISEASES13

For an additional amount for ‘‘National Institute of

14 Allergy and Infectious Diseases’’, $550,000,000, to re15 main available until September 30, 2024, to prevent, pre16 pare for, and respond to coronavirus, domestically or
17 internationally: Provided, That such amount is designated
18 by the Congress as being for an emergency requirement
19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985.
21

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

22

SCIENCES23

For an additional amount for ‘‘National Institute of

24 Environmental Health Sciences’’, $10,000,000, to remain
25 available until September 30, 2024, for worker-based

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1 training to prevent and reduce exposure of hospital em2 ployees, emergency first responders, and other workers
3 who are at risk of exposure to coronavirus through their
4 work duties: Provided, That such amount is designated by
5 the Congress as being for an emergency requirement pur6 suant to section 251(b)(2)(A)(i) of the Balanced Budget
7 and Emergency Deficit Control Act of 1985.
8

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

9BIOENGINEERING

10

For an additional amount for ‘‘National Institute of

11 Biomedical Imaging and Bioengineering’’, $60,000,000, to
12 remain available until September 30, 2024, to prevent,13 prepare for, and respond to coronavirus, domestically or
14 internationally: Provided, That such amount is designated
15 by the Congress as being for an emergency requirement
16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985.
18

NATIONAL LIBRARY OF MEDICINE

19

For an additional amount for ‘‘National Library of

20 Medicine’’, $10,000,000, to remain available until Sep21 tember 30, 2024, to prevent, prepare for, and respond to
22 coronavirus, domestically or internationally: Provided,
23 That such amount is designated by the Congress as being
24 for an emergency requirement pursuant to section

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94
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL4SCIENCES

5

For an additional amount for ‘‘National Center for

6 Advancing Translational Sciences’’, $36,000,000, to re7 main available until September 30, 2024, to prevent, pre8 pare for, and respond to coronavirus, domestically or
9 internationally: Provided, That such amount is designated
10 by the Congress as being for an emergency requirement
11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985.
13

OFFICE OF THE DIRECTOR

14

For an additional amount for ‘‘Office of the Direc-

15 tor’’, $30,000,000, to remain available until September
16 30, 2024, to prevent, prepare for, and respond to
17 coronavirus, domestically or internationally: Provided,
18 That the funds provided under this heading in this Act
19 shall be available for the Common Fund established under
20 section 402A(c)(1) of the Public Health Service Act: Pro21 vided further, That such amount is designated by the Con22 gress as being for an emergency requirement pursuant to
23 section 251(b)(2)(A)(i) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.

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95
1

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2

ADMINISTRATION

3HEALTH SURVEILLANCE AND PROGRAM SUPPORT4

For an additional amount for ‘‘Health Surveillance

5 and Program Support’’, $435,000,000, to remain avail6 able until September 30, 2021, to prevent, prepare for,
7 and respond to coronavirus, for program support and8 cross-cutting activities that supplement activities funded
9 under the headings ‘‘Mental Health’’, ‘‘Substance Abuse
10 Treatment’’, and ‘‘Substance Abuse Prevention’’ in car11 rying out titles III, V, and XIX of the Public Health Serv12 ice Act (‘‘PHS Act’’): Provided, That $200,000,000 of the
13 funds made available under this heading in this Act shall
14 be for grants to communities and community organiza15 tions who meet criteria for Certified Community Behav16 ioral Health Clinics pursuant to section 223(a) of Public
17 Law 113–93: Provided further, That $60,000,000 of the
18 funds made available under this heading in this Act shall
19 be for services to the homeless population: Provided fur20 ther, That $10,000,000 of the funds made available under
21 this heading in this Act shall be for the National Child
22 Traumatic Stress Network: Provided further, That not less23 than $50,000,000 of the funds made available under this24 heading in this Act shall be for suicide prevention pro25 grams: Provided further, That not less than $100,000,000

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96
1 of the amount made available under this heading in this2 Act is available for State Emergency Response Grants au3 thorized under section 501(o) of the PHS Act: Provided
4 further, That not less than $15,000,000 of the amount
5 made available under this heading in this Act shall be allo6 cated to tribes, tribal organizations, urban Indian health7 organizations, or health or behavioral health service pro8 viders to tribes: Provided further, That such amount is
9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985.
12

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

13

For an additional amount for ‘‘Healthcare Research

14 and Quality’’, $80,000,000, to remain available until Sep15 tember 30, 2024, to prevent, prepare for, and respond to
16 coronavirus, to carry out titles III and IX of the Public
17 Health Service Act, part A of title XI of the Social Secu18 rity Act, and section 1013 of the Medicare Prescription
19 Drug, Improvement, and Modernization Act of 2003: Pro20 vided, That section 947(c) of the Public Health Service
21 Act shall not apply to funds made available under this22 heading in this Act: Provided further, That such amount
23 is designated by the Congress as being for an emergency
24 requirement pursuant to section 251(b)(2)(A)(i) of the

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1 Balanced Budget and Emergency Deficit Control Act of
2 1985.
3

CENTERS FOR MEDICARE & MEDICAID SERVICES

4

PROGRAM MANAGEMENT5

For an additional amount for ‘‘Program Manage-

6 ment’’, $550,000,000, to remain available until September
7 30, 2022 to prevent, prepare for, and respond to
8 coronavirus, of which $100,000,000 shall be for necessary
9 expenses of the survey and certification program,
10 prioritizing nursing home facilities in localities with com11 munity transmission of coronavirus: Provided, That such
12 amount is designated by the Congress as being for an
13 emergency

requirement

pursuanttosection

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

ADMINISTRATION FOR CHILDREN AND FAMILIES17

LOW INCOME HOME ENERGY ASSISTANCE

18

For an additional amount for ‘‘Low Income Home

19 Energy Assistance’’, $1,400,000,000, to remain available
20 until September 30, 2021, for making payments under
21 subsection (b) of section 2602 of the Low-Income Home
22 Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.):
23 Provided, That of the amount provided under this heading
24 in this Act, $700,000,000 shall be allocated as though the
25 total appropriation for such payments for fiscal year 2020

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98
1 was less than $1,975,000,000: Provided further, That sec2 tion 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B))
3 shall not apply to funds made available under this heading
4 in this Act: Provided further, That such amount is des5 ignated by the Congress as being for an emergency re6 quirement pursuant to section 251(b)(2)(A)(i) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985.
8

PAYMENTS TO STATES FOR THE CHILD CARE AND

9

DEVELOPMENT BLOCK GRANT

10

For an additional amount for ‘‘Payments to States

11 for the Child Care and Development Block Grant’’,
12 $4,000,000,000, to remain available until September 30,
13 2021, to prevent, prepare for, and respond to coronavirus,
14 including for Federal administrative expenses, which shall
15 be used to supplement, not supplant State, Territory, and16 Tribal general revenue funds for child care assistance for
17 low-income families without regard to requirements in sec18 tion

658E(c)(3)(D),

section

658E(c)(3)(E),

section

19 658G(a), or section 658G(c) of the Child Care and Devel20 opment Block Grant Act (‘‘CCDBG Act’’): Provided, That
21 funds made available under this heading in this Act may
22 also be used for costs of waiving family copayments and23 covering costs typically paid through family copayments,
24 continued payments and assistance to child care providers
25 in cases of decreased enrollment, child absences, or pro-

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99
1 vider closures related to coronavirus, and to ensure child
2 care providers are able to remain open or reopen as appro3 priate and applicable: Provided further, That States, Ter4 ritories, and Tribes are encouraged to place conditions on
5 payments to child care providers that ensure that child
6 care providers use a portion of funds received to continue
7 to pay the salaries and wages of staff: Provided further,
8 That such funds may be used for mobilizing emergency
9 child care services, for providing temporary assistance to10 eligible child care providers to support costs associated11 with coronavirus, and for supporting child care resource
12 and referral services: Provided further, That States, Terri13 tories, and Tribes are authorized to use funds appro14 priated under this heading to provide child care assistance
15 to health care sector employees, emergency responders,
16 sanitation workers, and other workers deemed essential
17 during the response to coronavirus by public officials,
18 without regard to the income eligibility requirements of
19 section 658P(4) of the CCDBG Act: Provided further,
20 That the Secretary shall remind States that CCDBG State
21 plans do not need to be amended prior to utilizing existing
22 authorities in the CCDBG Act for the purposes provided
23 herein: Provided further, That funds appropriated under
24 this heading in this Act shall be available to eligible child
25 care providers under section 658P(6) of the CCDBG Act,

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100
1 even if such providers were not receiving CCDBG assist2 ance prior to the public health emergency as a result of
3 the coronavirus, for the purposes of cleaning and sanita4 tion, and other activities necessary to maintain or resume
5 the operation of programs: Provided further, That obliga6 tions incurred for the purposes provided herein prior to
7 the date of enactment of this Act may be charged to funds
8 appropriated under this heading in this Act: Provided fur9 ther, That such amount is designated by the Congress as
10 being for an emergency requirement pursuant to section
11 251(b)(2)(A)(i) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13

CHILDREN AND FAMILIES SERVICES PROGRAMS

14

For an additional amount for ‘‘Children and Families

15 Services Programs’’, $4,302,000,000, to remain available
16 until September 30, 2021, which shall be used as follows:
17(1) $1,000,000,000 for making payments under18

the Head Start Act to be allocated in an amount19that bears the same ratio to such portion as the20

number of enrolled children served by the agency in-

21

volved bears to the number of enrolled children by22

all Head Start agencies: Provided, That none of the23

funds appropriated in this paragraph shall be in-24

cluded in the calculation of the ‘‘base grant’’ in sub-25

sequent fiscal years, as such term is defined in sec-

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101
1

tions 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of2

the Head Start Act: Provided further, That funds

3

appropriated in this paragraph are not subject to4

the allocation requirements of section 640(a) of the5

Head Start Act and in addition to allowable uses of6fund in 45 CFR 1301–1305, shall be allowable for7

developing and implementing procedures and sys-

8tems to improve the coordination, preparedness and9

response efforts with State, local, tribal, an terri-10

torial public health departments, and other relevant

11

agencies; cost of meals and snacks not reimbursed

12

by the Secretary of Agriculture; mental health serv-

13

ices and supports; mental health crisis response and

14intervention services; training and professional devel-

15

opment for staff on infectious disease management;

16purchasing necessary supplies and contracted serv-

17

ices to sanitize and clean facilities and vehicles, if

18

applicable; and other costs that are necessary to19maintain and resume the operation of programs,

20such as substitute staff, technology infrastructure,21

or other emergency assistance; Provided further,

22

That up to $600,000,000 shall be available for the23

purpose of operating supplemental summer pro-24

grams through non-competitive grant supplements to25existing grantees determined to be most ready to op-

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102
1erate those programs by the Office of Head Start:

2

Provided further, That not more than $15,000,000

3

shall be available for Federal administrative ex-

4penses and shall remain available through Sep-

5

tember 30, 2021: Provided further, That obligations

6

incurred for the purposes provided herein prior to7

the date of enactment of this subdivision may be

8charged to funds appropriated under this heading.

9(2) $2,500,000,000 for activities to carry out

10

the Community Services Block Grant Act: Provided,

11

That of the amount made available in this para-

12

graph in this Act, $50,000,000 shall be available for13

Statewide activities in accordance with section

14

675C(b)(1) of such Act: Provided further, That of15

the amount made available in this paragraph in this

16

Act, $25,000,000 shall be available for grants to

17

support the procurement and distribution of diapers

18

through non-profit organizations: Provided further,19

That of the amount made available in this para-

20

graph in this Act, $25,000,000 shall be available for21

administrative expenses in accordance with section

22

675C(b)(2) of such Act: Provided further, That each23

State, territory, or tribe shall allocate not less than24

xx percent of its formula award to non-profit organi-25

zations: Provided further, That for services furnished

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103
1

under such Act during fiscal years 2020 and 2021,

2States may apply the last sentence of section 673(2)3of such Act by substituting ‘‘200 percent’’ for ‘‘125

4

percent’’.

5(3) $2,000,000, for the National Domestic Vio-6lence Hotline as authorized by Section 303(b) of the7

Family Violence Prevention and Services Act: Pro-

8

vided, That the Secretary may use amounts made9

available in the preceding proviso for providing hot-10

line services remotely.

11(4) $100,000,000 for Family Violence Preven-

12tion and Services formula grants as authorized by

13

Section 303(a) of the Family Violence and Preven-

14tion and Services Act; Provided, That the Secretary15

may use amounts made available in the preceding

16

proviso for providing temporary housing and in-per-17

son assistance to victims of family, domestic, and18

dating violence: Provided further, That for funds ob-

19

ligated during the period of any public health emer-

20

gency declared under section 319 of the Public

21

Health Service Act with respect to coronavirus, the22Secretary may waive such statutory and regulatory

23

program requirements as the Secretary determines

24

appropriate to respond to the public health emer-

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104
1

gency, including the matching funds requirement in

2

section 306(c)(4) of such Act.

3(5) $100,000,000 for carrying out activities

4

under the Runaway and Homeless Youth Act: Pro-

5

vided, That amounts made available in the preceding

6

proviso shall be used to supplement, not supplant,

7

existing funds and shall be available without regard8

to matching requirements.

9(6) $1,500,000,000 for necessary expenses for

10

grants for assisting low-income households, as de-11

fined by the grantee, in paying their water and

12wastewater utility costs: Provided, That eligible

13

grantees shall be those identified in section 2003 of

14

the Social Security Act, and funds appropriated in

15

this paragraph shall be allocated among such enti-

16

ties proportionately to the size of the allotment to17each such entity under such section;

18 Provided further, That such amount is designated by the
19 Congress as being for an emergency requirement pursuant
20 to section 251(b)(2)(A)(i) of the Balanced Budget and
21 Emergency Deficit Control Act of 1985.
22

ADMINISTRATION FOR COMMUNITY LIVING

23

AGING AND DISABILITY SERVICES PROGRAMS

24

For an additional amount for ‘‘Aging and Disability

25 Services Programs’’, $1,205,000,000, to remain available

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105
1 until September 30, 2021, to prevent, prepare for, and re2 spond to coronavirus: Provided, That of the amount made3 available under this heading in this Act, $1,070,000,000
4 shall be for activities authorized under the Older Ameri5 cans Act of 1965 (‘‘OAA’’), including $200,000,000 for
6 supportive services under part B of title III; $720,000,000
7 for nutrition services under subparts 1 and 2 of part C
8 of title III; $30,000,000 for nutrition services under title
9 VI; $100,000,000 for support services for family care10 givers under part E of title III; and $20,000,000 for elder
11 rights protection activities, including the long-term om12 budsman program under title VII of such Act: Provided
13 further, That of the amount made available under this14 heading in this Act, $50,000,000 shall be for aging and
15 disability resource centers authorized in sections 202(b)16 and 411 of the OAA: Provided further, That of the amount17 madeavailable

under

this

heading

in

this

Act,

18 $85,000,000 shall be available for centers for independent
19 living that have received grants funded under part C of
20 chapter I of title VII of the Rehabilitation Act of 1973:
21 Provided further, That to facilitate State use of funds pro22 vided under this heading in this Act, matching require23 ments under sections 304(d)(1)(D) and 373(g)(2) of the
24 OAA shall not apply to funds made available under this25 heading: Provided further, That the transfer authority

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106
1 under section 308(b)(4)(A) of the OAA shall apply to
2 funds made available under this heading in this Act by
3 substituting ‘‘100 percent’’ for ‘‘40 percent’’: Provided
4 further, That the State Long-Term Care Ombudsman
5 shall have continuing direct access (or other access6 through the use of technology) to residents of long-term
7 care facilities, during any portion of the public health
8 emergency relating to coronavirus as of the date of enact9 ment of this Act and ending on September 30, 2020, to
10 provide services described in section 712(a)(3)(B) of the
11 OAA: Provided further, That such amount is designated
12 by the Congress as being for an emergency requirement
13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg14 et and Emergency Deficit Control Act of 1985.
15

OFFICE OF THE SECRETARY

16

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

17

FUND

18

For an additional amount for ‘‘Public Health and So-

19 cial Services Emergency Fund’’, $6,077,000,000, to re20 main available until September 30, 2024, to prevent, pre21 pare for, and respond to coronavirus, domestically or
22 internationally, including the development of necessary
23 countermeasures and vaccines, prioritizing platform-based
24 technologies with U.S.-based manufacturing capabilities,
25 the purchase of vaccines, therapeutics, diagnostics, and

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107
1 necessary medical supplies, as well as medical surge capac2 ity, workforce modernization, enhancements to the U.S.
3 Commissioned Corps, telehealth access and infrastructure,
4 initial advanced manufacturing, and related administra5 tive activities: Provided, That no less than $1,000,000,000
6 shall be dedicated to the development, translation and7 demonstration at scale of innovations in manufacturing
8 platforms to support vitally necessary medical counter9 measures to support a reliable U.S.-sourced supply chain
10 of: (a) vaccines, (b) therapeutics, (c) small molecule APIs
11 (active pharmaceutical ingredients), including construc12 tion costs: Provided further, That the Secretary of Health
13 and Human Services shall purchase vaccines developed
14 using funds made available under this heading in this Act
15 to respond to an outbreak or pandemic related to
16 coronavirus in quantities determined by the Secretary to
17 be adequate to address the public health need: Provided
18 further, That products purchased by the Federal govern19 ment with funds made available under this heading, in20 cluding vaccines, therapeutics, and diagnostics, shall be
21 purchased in accordance with Federal Acquisition Regula22 tion guidance on fair and reasonable pricing: Provided fur23 ther, That the Secretary may take such measures author24 ized under current law to ensure that vaccines, thera25 peutics, and diagnostics developed from funds provided in

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1 this Act will be affordable in the commercial market Pro2 vided further, That in carrying out the preceding proviso,
3 the Secretary shall not take actions that delay the develop4 ment of such products: Provided further, That products
5 purchased with funds appropriated in this paragraph may,
6 at the discretion of the Secretary of Health and Human
7 Services, be deposited in the Strategic National Stockpile
8 under section 319F–2 of the Public Health Service Act
9 (‘‘PHS Act’’): Provided further, That funds appropriated10 under this heading in this Act may be transferred to, and11 merged with, the fund authorized by section 319F–4, the
12 Covered Countermeasure Process Fund, of the PHS Act:
13 Provided further, That funds appropriated under this14 heading in this Act may be used for grants for the con15 struction, alteration, or renovation of non-Federally owned
16 facilities to improve preparedness and response capability
17 at the State and local level: Provided further, That funds
18 appropriated under this heading in this Act may be used
19 for the construction, alteration, or renovation of non-Fed20 erally owned facilities for the production of vaccines,
21 therapeutics, and diagnostics where the Secretary deter22 mines that such a contract is necessary to secure sufficient
23 amounts of such supplies: Provided further, That of the
24 amount provided under this heading in this Act,
25 $1,635,000,000 shall be for expenses necessary to carry

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1 out section 319F–2(a) of the PHS Act: Provided further,
2 That of the amount provided under this heading in this
3 Act, not less than $500,000,000 shall be available to the
4 Biomedical Advanced Research and Development Author5 ity for acquisition, construction, or renovation of privately
6 owned U.S.-based next generation manufacturing facili7 ties: Provided further, That not later than seven days after
8 the date of enactment of this Act, and weekly thereafter
9 until [insert end date], the Secretary shall report to the
10 Committees on Appropriations of the House of Represent11 atives and the Senate on the current inventory of personal
12 protective equipment in the Strategic National Stockpile,
13 including the numbers of face shields, gloves, goggles and
14 glasses, gowns, head covers, masks, and respirators, as
15 well as deployment of personal protective equipment dur16 ing the previous week, reported by state and other juris17 diction: Provided further, That after the date that a report
18 is required to be submitted pursuant to the preceding pro19 viso, amounts made available for ‘‘Department of Health
20 and Human Services—Office of the Secretary—General
21 Departmental Management’’ in Public Law 116–94 for
22 salaries and expenses of the Immediate Office of the Sec23 retary shall be reduced by $250,000 for each day that
24 such report has not been submitted: Provided further,
25 That such amount is designated by the Congress as being

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110
1 for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4

For an additional amount for ‘‘Public Health and So-

5 cial Services Emergency Fund’’, $100,000,000,000, to re6 main available until expended, to prevent, prepare for, and7 respond to coronavirus, to provide grants to public enti8 ties, not-for-profit entities, and Medicare and Medicaid en9 rolled suppliers and institutional providers, including for10 profit entities to reimburse for health care related ex11 penses or lost revenues directly attributable to the public
12 health emergency resulting from the coronavirus: Pro13 vided, That grants shall be awarded in coordination with
14 the Administrator of the Centers for Medicare & Medicaid
15 Services: Provided further, That funds under this para16 graph shall not be used to provide grants to reimburse
17 for health care related expenses or lost revenues that have
18 been reimbursed or are eligible for reimbursement from
19 other sources: Provided further, That such amount is des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985.
23

For an additional amount for ‘‘Public Health and So-

24 cial Services Emergency Fund’’, $4,500,000,000, to re25 main available until September 30, 2022, to prevent, pre-

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111
1 pare for, and respond to coronavirus, to reimburse the De2 partment of Veterans Affairs for expenses incurred by the
3 Veterans Affairs health care system to provide medical
4 care to civilians: Provided, That funds provided under this
5 paragraph shall be made available only if the Secretary
6 of Health and Human Services certifies to the Committees
7 on Appropriations of the House of Representatives and the
8 Senate that such funds are necessary to reimburse the De9 partment of Veterans Affairs for expenses incurred to pro10 vide health care to civilians: Provided further, That the
11 Secretary shall notify the Committees on Appropriations
12 of the House of Representatives and the Senate prior to
13 such certification: Provided further, That such amount is
14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985.
17

DEPARTMENT OF EDUCATION

18STATE FISCAL STABILIZATION FUND

19

For an additional amount for ‘‘State Fiscal Stabiliza-

20 tion Fund’’, $30,000,000,000, to remain available until
21 September 30, 2022, to prevent, prepare for, and respond
22 to coronavirus: Provided, That the Secretary of Education
23 (referred to under this heading as ‘‘Secretary’’) shall make24 grants to the Governor of each State for support of ele25 mentary, secondary, and postsecondary education and, as

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112
1 applicable, early childhood education programs and serv2 ices: Provided further, That of the amount made available,
3 the Secretary shall first allocate up to one-half of 1 per4 cent to the outlying areas and one-half of 1 percent to
5 the Bureau of Indian Education (BIE) for activities con6 sistent with this heading under such terms and conditions
7 as the Secretary may determine: Provided further, That
8 of the amount made available, the Secretary shall allocate
9 1 percent of funds to provide grants to States with the
10 highest coronavirus burden to support activities under this11 heading: Provided further, That the Secretary shall issue
12 a notice inviting applications not later than 30 days of
13 enactment of this Act and approve or deny applications
14 not later than 30 days after receipt: Provided further, That
15 the Secretary may reserve up to $30,000,000 for adminis16 tration and oversight of the activities under this heading:
17 Provided further, That the Secretary shall allocate 61 per18 cent of the remaining funds made available to carry out
19 this heading to the States on the basis of their relative
20 population of individuals aged 5 through 24 and allocate
21 39 percent on the basis of their relative number of children
22 counted under section 1124(c) of the Elementary and Sec23 ondary Education Act of 1965 (referred to under this24 heading as ‘‘ESEA’’) as State grants: Provided further,
25 That State grants shall support statewide elementary, sec-

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113
1 ondary, and postsecondary activities; subgrants to local
2 educational agencies; and, subgrants to public institutions
3 of higher education: Provided further, That States shall
4 allocate not less than 30 percent of the funds received
5 under the sixth proviso as subgrants to local educational
6 agencies on the basis of their relative number of children
7 counted under section 1124(c) of the ESEA: Provided fur8 ther, That States shall allocate not less than 30 percent
9 of the funds received under the sixth proviso as subgrants
10 to public institutions of higher education on the basis of
11 the relative share of full-time equivalent students who re12 ceived Pell Grants at the institution in the previous award
13 year and of the total enrollment of full-time equivalent stu14 dents at the institution in the previous award year: Pro15 vided further, That the Governor shall return to the Sec16 retary any funds received that the Governor does not
17 award to local educational agencies and public institutions
18 of higher education or otherwise commit within two years
19 of receiving such funds, and the Secretary shall reallocate
20 such funds to the remaining States in accordance with the
21 sixth proviso: Provided further, That Governors shall use
22 State grants to maintain or restore State fiscal support
23 for elementary, secondary and postsecondary education:
24 Provided further, That funds for local educational agencies
25 may be used for any activity authorized by the ESEA, the

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1 Individuals with Disabilities Education Act, the McKin2 ney-Vento Homeless Assistance Act (Title VII, Subpart
3 B), the Adult Education and Family Literacy Act or the
4 Carl D. Perkins Career and Technical Education Act of
5 2006 (‘‘the Perkins Act’’): Provided further, That a State
6 or local educational agency receiving funds under this7 heading may use the funds for activities coordinated with
8 State, local, tribal, and territorial public health depart9 ments to detect, prevent, or mitigate the spread of infec10 tious disease or otherwise respond to coronavirus; support
11 online learning by purchasing educational technology and
12 internet access for students, which may include assistive
13 technology or adaptive equipment, that aids in regular and
14 substantive educational interactions between students and
15 their classroom instructor; provide ongoing professional
16 development to staff in how to effectively provide quality
17 online academic instruction; provide assistance for chil18 dren and families to promote equitable participation in
19 quality online learning; plan and implement activities re20 lated to summer learning, including providing classroom
21 instruction or quality online learning during the summer
22 months; plan for and coordinate during long-term clo23 sures, provide technology for quality online learning to all
24 students, and how to support the needs of low-income stu25 dents, racial and ethnic minorities, students with disabil-

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115
1 ities, English learners, students experiencing homeless2 ness, and children in foster care, including how to address
3 learning gaps that are created or exacerbated due to long4 term closures; and other activities that are necessary to
5 maintain the operation of and continuity of services in
6 local educational agencies, including maintaining employ7 ment of existing personnel: Provided further, That a public
8 institution of higher education that receives funds under
9 this heading shall use funds for education and general ex10 penditures and grants to students for expenses directly re11 lated to coronavirus and the disruption of campus oper12 ations (which may include emergency financial aid to stu13 dents for food, housing, technology, health care, and child
14 care costs that shall not be required to be repaid by such
15 students) or for the acquisition of technology and services
16 directly related to the need for distance learning and the
17 training of faculty and staff to use such technology and
18 services (which shall not include paying contractors a por19 tion of tuition revenue or for pre-enrollment recruitment
20 activities): Provided further, That priority shall be given
21 to under-resourced institutions, institutions with high bur22 den due to the coronavirus, and institutions who do not
23 possess distance education capabilities at the time of en24 actment of this Act: Provided further, That an institution
25 of higher education may not use funds received under this

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1 heading to increase its endowment or provide funding for2 capital outlays associated with facilities related to ath3 letics, sectarian instruction, or religious worship: Provided
4 further, That funds may be used to support hourly work5 ers, such as education support professionals, classified
6 school employees, and adjunct and contingent faculty: Pro7 vided further, That a Governor of a State desiring to re8 ceive an allocation under this heading shall submit an ap9 plication at such time, in such manner, and containing
10 such information as the Secretary may reasonably require:
11 Provided further, That a State’s application shall include
12 assurances that the State will maintain support for ele13 mentary and secondary education in fiscal year 2020, fis14 cal year 2021, and fiscal year 2022 at least at the level
15 of such support that is the average of such State’s support
16 for elementary and secondary education in the 3 fiscal
17 years preceding the date of enactment of this Act: Pro18 vided further, That a State’s application shall include as19 surances that the State will maintain State support for
20 higher education (not including support for capital
21 projects or for research and development or tuition and
22 fees paid by students) in fiscal year 2020, fiscal year
23 2021, and fiscal year 2022 at least at the level of such
24 support that is the average of such State’s support for
25 higher education (which shall include State and local gov-

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117
1 ernment funding to institutions of higher education and2 state need-based financial aid) in the 3 fiscal years pre3 ceding the date of enactment of this Act: Provided further,
4 That in such application, the Governor shall provide base5 line data that demonstrates the State’s current status in
6 each of the areas described in such assurances in the pre7 ceding provisos: Provided further, That a State’s applica8 tion shall include assurances that the State will not con9 strue any provisions under this heading as displacing any
10 otherwise applicable provision of any collective-bargaining
11 agreement between an eligible entity and a labor organiza12 tion as defined by section 2(5) of the National Labor Rela13 tions Act (29 U.S.C. 152(5)) or analogous State law: Pro14 vided further, That a State’s application shall include as15 surances that the State shall maintain the wages, benefits,
16 and other terms and conditions of employment set forth
17 in any collective-bargaining agreement between the eligible
18 entity and a labor organization, as defined in the pre19 ceding proviso: Provided further, That a State receiving
20 funds under this heading shall submit a report to the Sec21 retary, at such time and in such manner as the Secretary
22 may require, that describes the use of funds provided
23 under this heading: Provided further, That no recipient of
24 funds under this heading shall use funds to provide finan25 cial assistance to students to attend private elementary or

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1 secondary schools, unless such funds are used to provide
2 special education and related services to children with dis3 abilities, as authorized by the Individuals with Disabilities
4 Education Act: Provided further, That the terms ‘‘elemen5 tary education’’ and ‘‘secondary education’’ have the
6 meaning given such terms under State law: Provided fur7 ther, That the term ‘‘institution of higher education’’ has
8 the meaning given such term in section 101 of the Higher
9 Education Act of 1965: Provided further, That the term
10 ‘‘fiscal year’’ shall have the meaning given such term
11 under State law: Provided further, That such amount is
12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985.
15

SAFE SCHOOLS AND CITIZENSHIP EDUCATION16

For an additional amount for ‘‘Safe Schools and Citi-

17 zenship Education’’, to supplement funds otherwise avail18 able for the ‘‘Project School Emergency Response to Vio19 lence program’’, $200,000,000, to remain available until
20 September 30, 2020, to prevent, prepare for, and respond
21 to coronavirus, including to help elementary, secondary
22 and postsecondary schools clean and disinfect affected
23 schools, and assist in counseling and distance learning and
24 associated costs: Provided, That such amount is des25 ignated by the Congress as being for an emergency re-

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119
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

GALLAUDET UNIVERSITY

4

For an additional amount for ‘‘Gallaudet University’’,

5 $7,000,000, to remain available until September 30, 2020,
6 to prevent, prepare for, and respond to coronavirus, in7 cluding to help defray the expenses (which may include
8 lost revenue, reimbursement for expenses already in9 curred, technology costs associated with a transition to
10 distance learning, faculty and staff trainings, and payroll)
11 directly caused by coronavirus and to enable grants to stu12 dents for expenses directly related to coronavirus and the
13 disruption of university operations (which may include
14 food, housing, transportation, technology, health care, and15 child care): Provided, That such amount is designated by
16 the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget
18 and Emergency Deficit Control Act of 1985.
19

STUDENT AID ADMINISTRATION20

For an additional amount for ‘‘Student Aid Adminis-

21 tration’’, $75,000,000, to remain available until Sep22 tember 30, 2020, to prevent, prepare for, and respond to
23 coronavirus in carrying out part D of title I, and subparts
24 1, 3, 9 and 10 of part A, and parts B, C, D, and E of
25 title IV of the HEA, and subpart 1 of part A of title VII

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1 of the Public Health Service Act to support essential serv2 ices directly related to coronavirus: Provided, That not
3 later than 30 days after the date of enactment of this Act,
4 the Secretary shall, using outbound communications, pro5 vide all Federal student loan borrowers a notice of their
6 options to lower or delay payments as a result of the
7 coronavirus by enrolling in income-driven repayment,
8 deferment, or forbearance, and including a brief descrip9 tion of such options: Provided further, That such amount
10 is designated by the Congress as being for an emergency
11 requirement pursuant to section 251(b)(2)(A)(i) of the
12 Balanced Budget and Emergency Deficit Control Act of
13 1985.
14

HIGHER EDUCATION15

For an additional amount for ‘‘Higher Education’’,16 $9,500,000,000, to remain available until September 30,
17 2020, to prevent, prepare for, and respond to coronavirus,
18 including under parts A and B of title III, part A of title
19 V, subpart 4 of part A of title VII, and part B of title
20 VII of the Higher Education Act, which may be used to
21 defray expenses (including lost revenue, reimbursement
22 for expenses already incurred, technology costs associated23 with a transition to distance education, faculty and staff
24 trainings, and payroll) incurred by institutions of higher
25 education and for grants to students for any component

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121
1 of the student’s cost of attendance (as defined under sec2 tion 472 of the Higher Education Act), including food,
3 housing, course materials, technology, health care, and4 child care as follows:5(1) $1,500,000,000 for parts A and B of title

6

III, part A of title V, and subpart 4 of part A of

7

title VII to address needs directly related to8coronavirus: Provided, That the Secretary of Edu-

9

cation shall allow institutions to use prior awards

10

under the authorities covered by the preceding pro-11

viso to prevent, prepare for, and respond to12coronavirus;

13(2) $8,000,000,000 for part B of title VII of

14

the Higher Education Act for institutions of higher

15

education (as defined in section 101 or 102(c) of the16

Higher Education Act) to address needs directly re-17

lated to coronavirus: Provided, That such funds shall18

be available to the Secretary only for payments to

19

help defray the expenses incurred by such institu-

20

tions of higher education that were forced to close

21

campuses or alter delivery of instruction as a result

22of coronavirus: Provided further, That any non-prof-

23

it, private institution of higher education that is not24

otherwise eligible for a grant of at least $1,000,000,

25

shall be eligible to receive an amount equal to which-

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122
1ever is lesser of the total loss of revenue and in-2

creased costs associated with the coronavirus or3$1,000,000: Provided further, That, notwithstanding

4

sections 484 and 741(d)(1) of the Higher Education

5

Act, funds may be used to make payments to such6

institutions to provide emergency grants to students

7

who attend such institutions for academic years be-

8ginning on or after July 1, 2019:

9 Provided further, That such payments shall be made in
10 accordance with criteria established by the Secretary and11 made publicly available without regard to section 437 of
12 the General Education Provisions Act, section 553 of title
13 5, United States Code, or part B of title VII of the HEA:
14 Provided further, That institutions receiving funds under
15 the heading State Fiscal Stabilization Fund (not including
16 amounts provided through state-based financial aid) shall
17 not be eligible for additional funding for part B of title
18 VII under this heading: Provided further, That such pay19 ments shall not be used to increase endowments or provide
20 funding for capital outlays associated with facilities re21 lated to athletics, sectarian instruction, or religious wor22 ship: Provided further, That such amounts is designated
23 by the Congress as being for an emergency requirement
24 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg25 et and Emergency Deficit Control Act of 1985.

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123
1

HOWARD UNIVERSITY2

For an additional amount for ‘‘Howard University’’,3 $13,000,000, to remain available until September 30,
4 2020, to prevent, prepare for, and respond to coronavirus,
5 including to help defray the expenses (which may include
6 lost revenue, reimbursement for expenses already in7 curred, technology costs associated with a transition to
8 distance learning, faculty and staff trainings, and payroll)
9 directly caused by coronavirus and to enable grants to stu10 dents for expenses directly related to coronavirus and the
11 disruption of university operations (which may include
12 food, housing, transportation, technology, health care, and13 child care): Provided, That such amount is designated by
14 the Congress as being for an emergency requirement pur15 suant to section 251(b)(2)(A)(i) of the Balanced Budget
16 and Emergency Deficit Control Act of 1985.
17

DEPARTMENTAL MANAGEMENT

18

PROGRAM ADMINISTRATION19

For an additional amount for ‘‘Program Administra-

20 tion’’, $10,000,000, to remain available until September
21 30, 2020, to prevent, prepare for, and respond to
22 coronavirus: Provided, That such funds shall only be used
23 to support network bandwidth and capacity for telework
24 for Departmental staff and the cleaning of facilities as a
25 result of coronavirus: Provided further, That such amount

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124
1 is designated by the Congress as being for an emergency
2 requirement pursuant to section 251(b)(2)(A)(i) of the
3 Balanced Budget and Emergency Deficit Control Act of
4 1985.
5

OFFICE OF THE INSPECTOR GENERAL

6

For an additional amount for the ‘‘Office of Inspector

7 General’’, $11,000,000, to remain available until Sep8 tember 30, 2022, to prevent, prepare for, and respond to
9 coronavirus, including for salaries and expenses necessary
10 for oversight and audit of programs, grants, and projects
11 funded in this Act to respond to coronavirus Provided,
12 That such amount is designated by the Congress as being
13 for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

RELATED AGENCIES17CORPORATION FOR NATIONAL AND COMMUNITY

18

SERVICE19

For an additional amount for the ‘‘Corporation for

20 National and Community Service’’, $250,000,000, to re21 main available until September 30, 2020, to prevent, pre22 pare for, and respond to coronavirus: Provided, That such
23 amount is designated by the Congress as being for an
24 emergency

requirement

pursuanttosection

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125
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3

ADMINISTRATIVE PROVISION—CORPORATION FOR

4NATIONAL AND COMMUNITY SERVICE

5SEC. 10801. (a)(1) The remaining unobligated bal-

6 ances of funds as of September 30, 2020, from amounts
7 provided to ‘‘Corporation for National and Community
8 Service—Operating Expenses’’ in title IV of Division A
9 of the Further Consolidated Appropriations Act, 2020
10 (Public Law 116–94), are hereby permanently rescinded.
11(2) In addition to any amounts otherwise provided,

12 there is hereby appropriated on September 30, 2020, for
13 an additional amount for fiscal year 2020, an amount
14 equal to the unobligated balances rescinded pursuant to
15 paragraph (1): Provided, That amounts made available
16 pursuant to this paragraph shall remain available until
17 September 30, 2021, and shall be available for the same
18 purposes and under the same authorities that they were
19 originally made available in Public Law 116–94.
20(b)(1) The remaining unobligated balances of funds

21 as of September 30, 2020, from amounts provided to22 ‘‘Corporation for National and Community Service—Sala23 ries and Expenses’’ in title IV of Division A of the Further
24 Consolidated Appropriations Act, 2020 (Public Law 116–
25 94), are hereby permanently rescinded.

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126
1(2) In addition to any amounts otherwise provided,

2 there is hereby appropriated on September 30, 2020, for
3 an additional amount for fiscal year 2020, an amount
4 equal to the unobligated balances rescinded pursuant to
5 paragraph (1): Provided, That amounts made available
6 pursuant to this paragraph shall remain available until
7 September 30, 2021, and shall be available for the same
8 purposes and under the same authorities that they were
9 originally made available in Public Law 116–94.
10(c)(1) The remaining unobligated balances of funds

11 as of September 30, 2020, from amounts provided to
12 ‘‘Corporation for National and Community Service—Of13 fice of Inspector General’’ in title IV of Division A of the
14 Further Consolidated Appropriations Act, 2020 (Public
15 Law 116–94), are hereby permanently rescinded.
16(2) In addition to any amounts otherwise provided,

17 there is hereby appropriated on September 30, 2020, for
18 an additional amount for fiscal year 2020, an amount19 equal to the unobligated balances rescinded pursuant to
20 paragraph (1): Provided, That amounts made available
21 pursuant to this paragraph shall remain available until
22 September 30, 2021, and shall be available for the same
23 purposes and under the same authorities that they were
24 originally made available in Public Law 116–94.

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127
1

CORPORATION FOR PUBLIC BROADCASTING2

For an additional amount for ‘‘Corporation for Public

3 Broadcasting’’, $300,000,000, to remain available until
4 September 30, 2020, to prevent, prepare for, and respond
5 to coronavirus, including for fiscal stabilization grants to
6 public telecommunications entities, with no deduction for7 administrative or other costs of the Corporation, to main8 tain programming and services and preserve small and
9 rural stations threatened by declines in non-Federal reve10 nues, of which $50,000,000 shall be used to support the
11 public television system: Provided , That such amount is
12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985.
15

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

16

For an additional amount for ‘‘Institute of Museum

17 and Library Services’’, $500,000,000, to remain available
18 until September 30, 2021, to prevent, prepare for, and re19 spond to coronavirus, including grants to States, muse20 ums, territories and tribes to expand digital network ac21 cess, purchase tablets and other internet-enabled devices,
22 for operational expenses, and provide technical support
23 services: Provided, That any matching funds requirements
24 for States, museums, or tribes are waived: Provided fur25 ther, That such amount is designated by the Congress as

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128
1 being for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4

RAILROAD RETIREMENT BOARD

5

LIMITATION ON ADMINISTRATION

6

For an additional amount for ‘‘Limitation on Admin-

7 istration’’, $10,000,000, to remain available until Sep8 tember 30, 2020, to prevent, prepare for, and respond to
9 coronavirus, including the purchase of information tech10 nology equipment to improve the mobility of the work11 force, and to provide for additional hiring or overtime
12 hours as needed to administer the Railroad Unemploy13 ment Insurance Act: Provided, That such amount is des14 ignated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985.
17

SOCIAL SECURITY ADMINISTRATION

18

LIMITATION ON ADMINISTRATIVE EXPENSES

19

For an additional amount for ‘‘Limitation on Admin-

20 istrative Expenses’’, $510,000,000, to remain available
21 until September 30, 2021, for necessary expenses to pre22 vent, prepare for, and respond to coronavirus, including
23 paying the salaries and benefits of employees affected as
24 a result of office closures, telework, phone and commu25 nication services for employees, overtime costs, and sup-

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129
1 plies, and for resources necessary for processing disability
2 and retirement workloads and backlogs, of which the
3 amount made available under this heading in this Act,
4 $210,000,000 shall be for the purposes of issuing emer5 gency assistance payments: Provided further, That such
6 amount is designated by the Congress as being for an
7 emergency

requirement

pursuanttosection

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985.
10

GENERAL PROVISIONS—THIS TITLE

11

SEC. 10802. Notwithstanding any other provision of

12 law, funds made available under each heading in this title
13 shall only be used for the purposes specifically described
14 under that heading.
15

SEC. 10803. (a) Funds appropriated in this title may

16 be made available to restore amounts, either directly or
17 through reimbursement, for obligations incurred by agen18 cies of the Department of Health and Human Services to
19 prevent, prepare for, and respond to coronavirus, domesti20 cally or internationally, prior to the date of enactment of
21 this Act. This subsection shall not apply to obligations in22 curred by the Infectious Diseases Rapid Response Reserve
23 Fund.
24(b) Grants or cooperative agreements with States, lo-

25 calities, territories, tribes, tribal organizations, urban In-

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130
1 dian health organizations, or health service providers to
2 tribes, under this title, to carry out surveillance, epidemi3 ology, laboratory capacity, infection control, mitigation,
4 communications, and other preparedness and response ac5 tivities to prevent, prepare for, and respond to coronavirus
6 shall include amounts to reimburse costs for these pur7 poses incurred between January 20, 2020, and the date
8 of enactment of this Act.
9

SEC. 10804. Funds appropriated by this title may be

10 used by the Secretary of the Health and Human Services
11 to appoint, without regard to the provisions of sections
12 3309 through 3319 of title 5 of the United States Code,13 candidates needed for positions to perform critical work
14 relating to coronavirus for which—15(1) public notice has been given; and16(2) the Secretary has determined that such a17

public health threat exists.

18

SEC. 10805. Funds made available by this title may

19 be used to enter into contracts with individuals for the
20 provision of personal services (as described in section 104
21 of part 37 of title 48, Code of Federal Regulations (4822 CFR 37.104)) to support the prevention of, preparation
23 for, or response to coronavirus, domestically and inter24 nationally, subject to prior notification to the Committees
25 on Appropriations of the House of Representatives and the

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1 Senate: Provided, That such individuals may not be
2 deemed employees of the United States for the purpose
3 of any law administered by the Office of Personnel Man4 agement: Provided further, That the authority made avail5 able pursuant to this section shall expire on September
6 30, 2024.
7

SEC. 10806. Of the funds appropriated by this title

8 under the heading ‘‘Public Health and Social Services
9 Emergency Fund’’, $4,000,000 shall be transferred to,
10 and merged with, funds made available under the heading
11 ‘‘Office of the Secretary, Office of Inspector General’’, and12 shall remain available until expended, for oversight of ac13 tivities supported with funds appropriated to the Depart14 ment of Health and Human Services in this Act: Provided,
15 That the Inspector General of the Department of Health
16 and Human Services shall consult with the Committees
17 on Appropriations of the House of Representatives and the
18 Senate prior to obligating such funds: Provided further,
19 That the transfer authority provided by this section is in
20 addition to any other transfer authority provided by law.
21

SEC. 10807. Of the funds provided under the heading

22 ‘‘CDC–Wide

Activities

andProgram

Support’’,23 $1,000,000,000, to remain available until expended, shall
24 be available to the Director of the CDC for deposit in the
25 Infectious Diseases Rapid Response Reserve Fund estab-

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132
1 lished by section 231 of division B of Public Law 115–
2 245.
3

SEC. 10808. (a) PREMIUM PAY AUTHORITY.—

4 If services performed by an employee of the Department
5 of Health and Human Services during fiscal year 2020
6 are determined by the head of the agency to be primarily
7 related to preparation, prevention, or response to SARS–
8 CoV–2 or another coronavirus with pandemic potential,
9 any premium pay for such services shall be disregarded
10 in calculating the aggregate of such employee’s basic pay
11 and premium pay for purposes of a limitation under sec12 tion 5547(a) of title 5, United States Code, or under any
13 other provision of law, whether such employee’s pay is
14 paid on a biweekly or calendar year basis.
15(b) OVERTIME AUTHORITY.—Any overtime pay

16 for such services shall be disregarded in calculating any
17 annual limit on the amount of overtime pay payable in
18 a calendar or fiscal year.
19(c) APPLICABILITY OF AGGREGATE LIMITA-

20 TION ON PAY.—With regard to such services, any pay
21 that is disregarded under either subsection (a) or (b) shall
22 be disregarded in calculating such employee’s aggregate
23 pay for purposes of the limitation in section 5307 of such
24 title 5.
25(d) LIMITATION OF PAY AUTHORITY.—

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133
1(1) Pay that is disregarded under subsection

2(a) or (b) shall not cause the aggregate of the em-

3ployee’s basic pay and premium pay for the applica-4

ble calendar year to exceed the rate of basic pay

5

payable for a position at level II of the Executive

6

Schedule under section 5313 of title 5, United

7

States Code, as in effect at the end of such calendar

8

year.

9

(2) For purposes of applying this subsection to10

an employee who would otherwise be subject to the11premium pay limits established under section 5547

12

of title 5, United States Code, ‘‘premium pay’’13

means the premium pay paid under the provisions of14

law cited in section 5547(a).

15(3) For purposes of applying this subsection to16

an employee under a premium pay limit established17

under an authority other than section 5547 of title

18

5, United States Code, the agency responsible for19administering such limit shall determine what pay-20

ments are considered premium pay.

21(e) EFFECTIVE DATE.—This section shall take ef-

22 fect as if enacted on February 2, 2020.
23(f) TREATMENT OF ADDITIONAL PAY.—If ap-

24 plication of this section results in the payment of addi25 tional premium pay to a covered employee of a type that

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134
1 is normally creditable as basic pay for retirement or any
2 other purpose, that additional pay shall not—3

(1) be considered to be basic pay of the covered

4

employee for any purpose; or

5(2) be used in computing a lump-sum payment

6to the covered employee for accumulated and ac-

7

crued annual leave under section 5551 or section

85552 of title 5, United States Code.

9

SEC. 10809. (a) Funds appropriated for ‘‘Depart-

10 ment of Health and Human Services—Centers for Disease
11 Control and Prevention—CDC–Wide Activities and Pro12 gram Support’ ’’’ in title III of the Coronavirus Prepared13 ness and Response Supplemental Appropriations Act,14 2020 (Public Law 116 - 123) shall be paid to ‘‘Depart15 ment of Homeland Security—Countering Weapons of
16 Mass Destruction Office—Federal Assistance’’ for costs
17 incurred under other transaction authority and related to
18 screening for coronavirus, domestically or internationally,
19 including costs incurred prior to the enactment of such
20 Act.
21(b) The amounts repurposed under subsection (a)22 that were previously designated by the Congress as an
23 emergency

requirement

pursuanttosection

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985 are designated by the Con-

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135
1 gress as an emergency requirement pursuant to such sec2 tion of such Act.

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136
1

TITLE IX—LEGISLATIVE BRANCH2SENATE

3

CONTINGENT EXPENSES OF THE SENATE

4

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE5

For an additional amount for ‘‘Sergeant at Arms and6 Doorkeeper of the Senate’’, $1,000,000, to remain avail7 able until expended, to prevent, prepare for, and respond
8 to coronavirus: Provided, That such amount is designated
9 by the Congress as being for an emergency requirement
10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985.
12

MISCELLANEOUS ITEMS

13

For an additional amount for ‘‘Miscellaneous Items’’,

14 $9,000,000, to remain available until expended, to pre15 vent, prepare for, and respond to coronavirus: Provided,
16 That such amount is designated by the Congress as being
17 for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20

HOUSE OF REPRESENTATIVES

21

SALARIES AND EXPENSES

22

For an additional amount for ‘‘Salaries and Ex-

23 penses’’, $25,000,000, to remain available until September
24 30, 2021, except that $5,000,000 shall remain available
25 until expended, for necessary expenses of the House of

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137
1 Representatives to prevent, prepare for, and respond to
2 coronavirus, to be allocated in accordance with a spend
3 plan submitted to the Committee on Appropriations of the
4 House of Representatives by the Chief Administrative Of5 ficer and approved by such Committee: Provided, That
6 such amount is designated by the Congress as being for
7 anemergency

requirement

pursuanttosection

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985.
10

JOINT ITEMS

11

OFFICE OF THE ATTENDING PHYSICIAN

12

For an additional amount for ‘‘Office of the Attend-

13 ing Physician’’, $400,000, to remain available until ex14 pended, to prevent, prepare for, and respond to
15 coronavirus: Provided, That such amount is designated by
16 the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget
18 and Emergency Deficit Control Act of 1985.
19

CAPITOL POLICE

20

SALARIES

21

For

an

additionalamountfor‘‘Salaries’’,22 $12,000,000, to remain available until September 30,
23 2021, to prevent, prepare for, and respond to coronavirus:
24 Provided, That amounts provided in this paragraph may
25 be transferred between Capitol Police ‘‘Salaries’’ and

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1 ‘‘General Expenses’’ for the purposes provided herein
2 without the approval requirement of section 1001 of the
3 Legislative Branch Appropriations Act, 2014 (2 U.S.C.
4 1907a): Provided further, That such amount is designated
5 by the Congress as being for an emergency requirement
6 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg7 et and Emergency Deficit Control Act of 1985.
8

ARCHITECT OF THE CAPITOL

9CAPITAL CONSTRUCTION AND OPERATIONS

10

For an additional amount for ‘‘Capital Construction

11 and Operations’’, $25,000,000, to remain available until
12 September 30, 2021, for necessary expenses of the Archi13 tect of the Capitol to prevent, prepare for, and respond
14 to coronavirus, including the purchase and distribution of
15 cleaning and sanitation products throughout all facilities
16 and grounds under the care of the Architect of the Capitol,
17 wherever located, including any related services and oper18 ational costs: Provided, That such amount is designated
19 by the Congress as being for an emergency requirement
20 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg21 et and Emergency Deficit Control Act of 1985.
22

LIBRARY OF CONGRESS23

SALARIES AND EXPENSES

24

For an additional amount for ‘‘Salaries and Ex-

25 penses’’, $700,000, to remain available until September

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139
1 30, 2020, to be made available to the Little Scholars Child2 Development Center, subject to approval by the Commit3 tees on Appropriations of the Senate and House of Rep4 resentatives, and the Senate Committee on Rules and Ad5 ministration, and the Committee on House Administra6 tion: Provided, That such amount is designated by the
7 Congress as being for an emergency requirement pursuant
8 to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10

GOVERNMENT ACCOUNTABILITY OFFICE

11

SALARIES AND EXPENSES

12

For an additional amount for ‘‘Salaries and Ex-

13 penses’’, $20,000,000, to remain available until expended,
14 for audits and investigations relating to coronavirus: Pro15 vided, That, not later than 90 days after the date of enact16 ment of this Act, the Government Accountability Office
17 shall submit to the Committees on Appropriations of the
18 House of Representatives and the Senate a spend plan
19 specifying funding estimates and a timeline for such au20 dits and investigations: Provided further, That such
21 amount is designated by the Congress as being for an
22 emergency

requirement

pursuanttosection

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

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140
1

GENERAL PROVISIONS—THIS TITLE

2

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES

3

AND EXPENSES OF SENATE EMPLOYEE CHILD CARE

4

CENTER

5

SEC. 10901. The Secretary of the Senate shall reim-

6 burse the Senate Employee Child Care Center for per7 sonnel costs incurred starting on April 1, 2020, for em8 ployees of such Center who have been ordered to cease
9 working due to measures taken in the Capitol complex to
10 combat coronavirus, not to exceed $84,000 per month,
11 from amounts in the appropriations account ‘‘MIS12 CELLANEOUS ITEMS’’ within the contingent fund of
13 the Senate.
14

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES

15

AND EXPENSES OF LITTLE SCHOLARS CHILD DEVEL-

16

OPMENT CENTER

17

SEC. 10902. The Library of Congress shall reimburse

18 Little Scholars Child Development Center for salaries for
19 employees incurred from April 1, 2020, to September 30,
20 2020, for employees of such Center who have been ordered
21 to cease working due to measures taken in the Capitol
22 complex to combat coronavirus, not to exceed $113,000
23 per month, from amounts in the appropriations account24 ‘‘Library of Congress—Salaries and Expenses’’.

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141
1

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES2

AND EXPENSES OF HOUSE OF REPRESENTATIVES

3

CHILD CARE CENTER

4

SEC. 10903. (a) AUTHORIZING USE OF REVOLVING

5 FUND OR APPROPRIATED FUNDS.—Section 312(d)(3)(A)
6 of the Legislative Branch Appropriations Act, 1992 (2
7 U.S.C. 2062(d)(3)(A)) is amended—
8(1) in subparagraph (A), by striking the period

9at the end and inserting the following: ‘‘, and, at the10

option of the Chief Administrative Officer during an

11emergency situation, the payment of the salary of

12other employees of the Center.’’; and13(2) by adding at the end the following new sub-14

paragraph:

15‘‘(C) During an emergency situation, the pay-

16

ment of such other expenses for activities carried out

17

under this section as the Chief Administrative Offi-18

cer determines appropriate.’’.

19(b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall apply with respect to fiscal year 2020
21 and each succeeding fiscal year.
22

PAYMENTS TO ENSURE CONTINUING AVAILABILITY OF

23

GOODS AND SERVICES DURING THE CORONAVIRUS

24

EMERGENCY25

SEC. 10904. (a) AUTHORIZATION TO MAKE PAY-26

MENTS.—Notwithstanding any other provision of law and

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142
1 subject to subsection (b), during an emergency situation,
2 the Chief Administrative Officer of the House of Rep3 resentatives may make payments under contracts with
4 vendors providing goods and services to the House in
5 amounts and under terms and conditions other than those
6 provided under the contract in order to ensure that those
7 goods and services remain available to the House through8 out the duration of the emergency.
9(b) CONDITIONS.—

10(1) APPROVAL REQUIRED.—The Chief Adminis-

11

trative Officer may not make payments under the12

authority of subsection (a) without the approval of13

the Committee on House Administration of the

14

House of Representatives.

15(2) AVAILABILITY OF APPROPRIATIONS.—The16

authority of the Chief Administrative Officer to17make payments under the authority of subsection

18(a) is subject to the availability of appropriations to19

make such payments.

20(c) APPLICABILITY.—This section shall apply with re-

21 spect to fiscal year 2020 and each succeeding fiscal year.
22

AUTHORIZING PAYMENTS UNDER SERVICE CONTRACTS

23

DURING THE CORONAVIRUS EMERGENCY

24

SEC. 10905. (a) AUTHORIZING PAYMENTS.—Not-

25 withstanding section 3324(a) of title 31, United States
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143
1 section (b), if the employees of a contractor with a service
2 contract with the Architect of the Capitol are furloughed
3 or otherwise unable to work during closures, stop work
4 orders, or reductions in service arising from or related to
5 the impacts of coronavirus, the Architect of the Capitol
6 may continue to make the payments provided for under
7 the contract for the weekly salaries and benefits of such
8 employees for not more than 16 weeks.
9(b) AVAILABILITY OF APPROPRIATIONS.—The au-

10 thority of the Architect of the Capitol to make payments
11 under the authority of subsection (a) is subject to the
12 availability of appropriations to make such payments.
13(c) REGULATIONS.—The Architect of the Capitol

14 shall promulgate such regulations as may be necessary to
15 carry out this section.
16

MASS MAILINGS AS FRANKED MAIL

1718

SEC. 10906. (a) WAIVER OF RESTRICTIONS TO RESPOND TO

THREATSTO

LIFE SAFETY.—(1) Section

19 3210(a)(6)(D) of title 39, United States Code, is amended
20 by striking the period at the end of the first sentence and21 inserting the following: ‘‘, and in the case of the Commis22 sion, to waive this paragraph in the case of mailings sent
23 in response to or to address threats to life safety.’’.
24(2) EFFECTIVE DATE.—The amendments made by

25 this subsection shall apply with respect to mailings sent
26 on or after the date of the enactment of this Act.
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144
1

TECHNICAL CORRECTION

2

SEC. 10907. In the matter preceding the first proviso

3 under the heading ‘‘Library of Congress—Salaries and
4 Expenses’’ in division E of the Further Consolidated Ap5 propriations Act, 2020 (Public Law 116–94), strike
6 ‘‘$504,164,000’’ and insert ‘‘$510,164,000’’.

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145
1

TITLE X

2 MILITARY CONSTRUCTION, VETERANS AFFAIRS,
3

AND RELATED AGENCIES

4DEPARTMENT OF VETERANS AFFAIRS

5VETERANS BENEFITS ADMINISTRATION

6GENERAL OPERATING EXPENSES, VETERANS BENEFITS

7

ADMINISTRATION8

For an additional amount for ‘‘General Operating

9 Expenses,

Veterans

Benefits

Administration’’,10 $13,000,000, to remain available until September 30,
11 2021, to prevent, prepare for, and respond to coronavirus:
12 Provided, That such amount is designated by the Congress
13 as being for an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985.
16

VETERANS HEALTH ADMINISTRATION

17

MEDICAL SERVICES

18

For an additional amount for ‘‘Medical Services’’,19 $14,432,000,000, to remain available until September 30,
20 2021, to prevent, prepare for, and respond to coronavirus,
21 including related impacts on health care delivery: Pro22 vided, That such amount is designated by the Congress
23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985.

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146
1

MEDICAL COMMUNITY CARE

2

For an additional amount for ‘‘Medical Community

3 Care’’, $2,100,000,000, to remain available until Sep4 tember 30, 2021, to prevent, prepare for, and respond to
5 coronavirus, including related impacts on health care de6 livery: Provided, That such amount is designated by the
7 Congress as being for an emergency requirement pursuant
8 to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10

MEDICAL SUPPORT AND COMPLIANCE

11

For an additional amount for ‘‘Medical Support and

12 Compliance’’, $100,000,000, to remain available until
13 September 30, 2021, to prevent, prepare for, and respond
14 to coronavirus, including related impacts on health care
15 delivery: Provided, That such amount is designated by the
16 Congress as being for an emergency requirement pursuant
17 to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19

MEDICAL FACILITIES20

For an additional amount for ‘‘Medical Facilities’’,21 $605,613,000, to remain available until September 30,
22 2021, to prevent, prepare for, and respond to coronavirus,
23 including related impacts on health care delivery: Pro24 vided, That such amount is designated by the Congress
25 as being for an emergency requirement pursuant to sec-

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985.
3

DEPARTMENTAL ADMINISTRATION

4GENERAL ADMINISTRATION5

For an additional amount for ‘‘General Administra-

6 tion’’, $6,000,000, to remain available until September 30,
7 2021, to prevent, prepare for, and respond to coronavirus:
8 Provided, That such amount is designated by the Congress
9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985.
12

INFORMATION TECHNOLOGY SYSTEMS

13

For an additional amount for ‘‘Information Tech-

14 nology Systems’’, $3,000,000,000, to remain available
15 until September 30, 2021, to prevent, prepare for, and re16 spond to coronavirus, including related impacts on health
17 care delivery: Provided, That such amount is designated
18 by the Congress as being for an emergency requirement
19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985.
21

OFFICE OF INSPECTOR GENERAL

22

For an additional amount for ‘‘Office of Inspector

23 General’’, $14,300,000, to remain available until Sep24 tember 30, 2022, for oversight of activities funded by this
25 title and administered by the Department of Veterans Af-

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148
1 fairs: Provided, That such amount is designated by the
2 Congress as being for an emergency requirement pursuant
3 to section 251(b)(2)(A)(i) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5

ARMED FORCES RETIREMENT HOME

6

TRUST FUND

7

For an additional amount for ‘‘Armed Forces Retire-

8 ment Home Trust Fund’’, $2,800,000, to remain available
9 until September 30, 2021, to prevent, prepare for, and re10 spond to coronavirus, to be paid from funds available in
11 the Armed Forces Retirement Home Trust Fund: Pro12 vided, That of the amounts made available under this13 heading from funds available in the Armed Forces Retire14 ment Home Trust Fund, $2,800,000 shall be paid from15 the general fund of the Treasury to the Trust Fund: Pro16 vided further, That the Chief Executive Officer of the
17 Armed Forces Retirement Home shall submit to the Com18 mittees on Appropriations of the House of Representatives
19 and the Senate monthly reports detailing obligations, ex20 penditures, and planned activities: Provided further, That
21 such amount is designated by the Congress as being for
22 anemergency

requirement

pursuanttosection

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.

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149
1

TITLE XI—DEPARTMENT OF STATE, FOREIGN

2

OPERATIONS, AND RELATED PROGRAMS

3

DEPARTMENT OF STATE4ADMINISTRATION OF FOREIGN AFFAIRS5DIPLOMATIC PROGRAMS

6

For an additional amount for ‘‘Diplomatic Pro-

7 grams’’, $315,000,000, to remain available until Sep8 tember 30, 2022, for necessary expenses to prevent, pre9 pare for, and respond to coronavirus, including for evacu10 ation expenses, emergency preparedness, and maintaining
11 consular operations: Provided, That such amount is des12 ignated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985.
15 UNITED STATES AGENCY FOR INTERNATIONAL
16

DEVELOPMENT17FUNDS APPROPRIATED TO THE PRESIDENT

18

OPERATING EXPENSES

19

For an additional amount for ‘‘Operating Expenses’’,20 $95,000,000, to remain available until September 30,
21 2022, for necessary expenses to prevent, prepare for, and22 respond to coronavirus: Provided, That such amount is
23 designated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985.

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150
1

BILATERAL ECONOMIC ASSISTANCE

2FUNDS APPROPRIATED TO THE PRESIDENT

3

INTERNATIONAL DISASTER ASSISTANCE

4

For an additional amount for ‘‘International Disaster5 Assistance’’, $300,000,000, to remain available until ex6 pended, for necessary expenses to prevent, prepare for,
7 and respond to coronavirus: Provided, That such amount
8 is designated by the Congress as being for an emergency
9 requirement pursuant to section 251(b)(2)(A)(i) of the
10 Balanced Budget and Emergency Deficit Control Act of
11 1985.
12

DEPARTMENT OF STATE

13

MIGRATION AND REFUGEE ASSISTANCE

14

For an additional amount for ‘‘Migration and Ref-

15 ugee Assistance’’, $300,000,000, to remain available until
16 expended, for necessary expenses to prevent, prepare for,17 and respond to coronavirus: Provided, That such amount
18 is designated by the Congress as being for an emergency
19 requirement pursuant to section 251(b)(2)(A)(i) of the
20 Balanced Budget and Emergency Deficit Control Act of
21 1985.
22

INDEPENDENT AGENCIES23PEACE CORPS

24

For an additional amount for ‘‘Peace Corps’’,

25 $90,000,000, to remain available until September 30,

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1 2022, for necessary expenses to prevent, prepare for, and2 respond to coronavirus: Provided, That such amount is
3 designated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985.
6

GENERAL PROVISIONS — THIS TITLE

7(INCLUDING TRANSFER OF FUNDS)

8

SEC. 11101. The authorities and limitations of sec-

9 tion 402 of the Coronavirus Preparedness and Response
10 Supplemental Appropriations Act (division A of Public
11 Law 116–123) shall apply to funds appropriated by this
12 title as follows:13(1) subsections (a), (d), (e) and (f) shall apply

14

to funds under the heading ‘‘Diplomatic Programs’’;

15

and

16

(2) subsections (c), (d), (e), and (f) shall apply

17

to funds under the heading ‘‘International Disaster

18

Assistance’’.

19

SEC. 11102. Funds appropriated by this title under

20 the headings ‘‘Diplomatic Programs’’, ‘‘Operating Ex21 penses’’, and ‘‘Peace Corps’’ may be used to reimburse
22 such accounts administered by the Department of State,
23 the United States Agency for International Development,
24 and the Peace Corps for obligations incurred to prevent,

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152
1 prepare for, and respond to coronavirus prior to the date
2 of enactment of this Act.
3

SEC. 11103. Section 7064(a) of the Department of

4 State, Foreign Operations, and Related Programs Appro5 priations Act, 2020 (division G of Public Law 116–94),
6 is amended by striking ‘‘$100,000,000’’ and inserting in
7 lieu thereof ‘‘$110,000,000’’ , and by adding before the
8 period at the end the following ‘‘: Provided, That no
9 amounts may be used that were designated by the Con10 gress for Overseas Contingency Operations/Global War on
11 Terrorism pursuant to the Concurrent Resolution on the
12 Budget or the Balanced Budget and Emergency Deficit
13 Control Act of 1985’’.
14

SEC. 11104. The reporting requirements of section

15 406(b) of the Coronavirus Preparedness and Response
16 Supplemental Appropriations Act, 2020 (division A of
17 Public Law 116–123) shall apply to funds appropriated
18 by this title: Provided, That the requirement to jointly
19 submit such reports shall not apply to the Director of the
20 Peace Corps: Provided further, That reports required by
21 such section may be consolidated and shall include infor22 mation on all funds made available to such executive agen23 cy to prevent, prepare for, and respond to coronavirus.
24

SEC. 11105. Notwithstanding any other provision of

25 law, and in addition to leave authorized under any other

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153
1 provision of law, the Secretary of State, the Administrator
2 of the United States Agency for International Develop3 ment, or the head of another Federal agency with employ4 ees under Chief of Mission Authority, may, in order to
5 prevent, prepare for, and respond to coronavirus, provide
6 additional paid leave to address employee hardships result7 ing from coronavirus: Provided, That this authority shall
8 apply to leave taken since January 29, 2020, and may
9 be provided abroad and domestically: Provided further,
10 That the head of such agency shall consult with the Com11 mittee on Appropriations and the Committee on Foreign
12 Affairs of the House of Representatives and the Com13 mittee on Appropriations and the Committee on Foreign
14 Relations of the Senate prior to the initial implementation
15 of such authority: Provided further, That the authority
16 made available pursuant to this section shall expire on
17 September 30, 2022.
18

SEC. 11106. The Secretary of State, to prevent, pre-19 pare for, and respond to coronavirus, may exercise the au20 thorities of section 3(j) of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2670(j)) to provide med22 ical services or related support for private United States
23 citizens, nationals, and permanent resident aliens abroad,24 or third country nationals connected to United States per25 sons or the diplomatic or development missions of the

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1 United States abroad who are unable to obtain such serv2 ices or support otherwise: Provided, That such assistance
3 shall be provided on a reimbursable basis to the extent
4 feasible: Provided further, That such reimbursements may
5 be credited to the applicable Department of State appro6 priation, to remain available until expended: Provided fur7 ther, That the Secretary shall prioritize providing medical
8 services or related support to individuals eligible for the
9 health program under section 904 of the Foreign Service
10 Act of 1980 (22 U.S.C. 4084): Provided further, That the
11 authority made available pursuant to this section shall ex12 pire on September 30, 2022.
13

SEC. 11107. Notwithstanding section 6(b) of the De-

14 partment of State Authorities Act of 2006 (Public Law
15 109–472), during fiscal years 2020 and 2021, passport
16 and immigrant visa surcharges collected in any fiscal year
17 pursuant to the fourth paragraph under the heading ‘‘Dip18 lomatic and Consular Programs’’ in title IV of the Consoli19 dated Appropriations Act, 2005 (division B of Public Law
20 108–447 (8 U.S.C. 1714)) may be obligated and expended
21 on the costs of providing consular services: Provided, That
22 such funds should be prioritized for American citizen serv23 ices.
24

SEC. 11108. The Secretary of State is authorized to

25 enter into contracts with individuals for the provision of

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155
1 personal services (as described in section 104 of part 37
2 of title 48, Code of Federal Regulations and including pur3 suant to section 904 of the Foreign Service Act of 1980
4 (22 U.S.C. 4084)) to prevent, prepare for, and respond
5 to coronavirus, within the United States, subject to prior
6 consultation with, and the regular notification procedures
7 of, the Committee on Appropriations and the Committee
8 on Foreign Affairs of the House of Representatives and9 the Committee on Appropriations and the Committee on
10 Foreign Relations of the Senate: Provided, That such indi11 viduals may not be deemed employees of the United States
12 for the purpose of any law administered by the Office of
13 Personnel Management: Provided further, That not later
14 than 15 days after utilizing this authority, the Secretary
15 of State shall provide a report to such committees on the
16 overall staffing needs for the Office of Medical Services:
17 Provided further, That the authority made available pursu18 ant to this section shall expire on September 30, 2022.
19

SEC. 11109. The matter under the heading ‘‘Emer-

20 gencies in the Diplomatic and Consular Service’’ in title
21 I of the Department of State, Foreign Operations, and
22 Related Programs Appropriations Act, 2020 (division G
23 of Public Law 116–94) is amended by striking
24 ‘‘$1,000,000’’ and inserting in lieu thereof ‘‘$5,000,000’’.

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156
1

SEC. 11110. The first proviso under the heading

2 ‘‘Millennium Challenge Corporation’’ in title III of the De3 partment of State, Foreign Operations, and Related Pro4 grams Appropriations Act, 2020 (division G of Public Law
5 116–94) is amended by striking ‘‘$105,000,000’’ and in6 serting in lieu thereof ‘‘$107,000,000’’.
7

SEC. 11111. Notwithstanding any other provision of

8 law, any oath of office required by law may, in particular
9 circumstances that could otherwise pose health risks, be
10 administered remotely, subject to appropriate verification:
11 Provided, That prior to exercising the authority of this
12 section, the Secretary of State shall submit a report to
13 the Committee on Appropriations and the Committee on
14 Foreign Relations of the Senate and the Committee on
15 Appropriations and the Committee on Foreign Affairs of
16 the House of Representatives describing the process and17 procedures for administering such oaths, including appro18 priate verification: Provided further, That the authority
19 made available pursuant to this section shall expire on
20 September 30, 2021.
21

SEC. 11112. (a) PURPOSES.—For purposes of

22 strengthening the ability of foreign countries to prevent,23 prepare for, and respond to coronavirus and to the adverse
24 economic impacts of coronavirus, in a manner that would
25 protect the United States from the spread of coronavirus

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157
1 and mitigate an international economic crisis resulting
2 from coronavirus that may pose a significant risk to the
3 economy of the United States, each paragraph of sub4 section (b) shall take effect upon enactment of this Act.
5(b) CORONAVIRUS RESPONSES.—

6(1) INTERNATIONAL

DEVELOPMENT ASSOCIA-

7

TION REPLENISHMENT.—The International Develop-

8ment Association Act (22 U.S.C. 284 et seq.) is9amended by adding at the end the following new sec-

10

tion:

11

‘‘SEC. 31 NINETEENTH REPLENISHMENT.

12‘‘(a) IN GENERAL.—The United States Governor of

13 the International Development Association is authorized
14 tocontributeonbehalfoftheUnitedStates15 $3,004,200,000 to the nineteenth replenishment of the re16 sources of the Association, subject to obtaining the nec17 essary appropriations.
18

‘‘(b)

AUTHORIZATIONOFAPPROPRIATIONS.—In

19 order to pay for the United States contribution provided
20 for in subsection (a), there are authorized to be appro21 priated, without fiscal year limitation, $3,004,200,000 for
22 payment by the Secretary of the Treasury.’’.
23(2) INTERNATIONAL

24

AUTHORIZATION.—The

FINANCECORPORATIONInternational Finance Cor-

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158
1

poration Act (22 U.S.C. 282 et seq.) is amended by2

adding at the end the following new section:

3‘‘SEC. 18 CAPITAL INCREASES AND AMENDMENT TO THE

4

ARTICLES OF AGREEMENT.

5‘‘(a) VOTES AUTHORIZED.—The United States Gov-

6 ernor of the Corporation is authorized to vote in favor of—7‘‘(1) a resolution to increase the authorized cap-

8

ital stock of the Corporation by 16,999,998 shares,9

to implement the conversion of a portion of the re-10tained earnings of the Corporation into paid-in cap-

11

ital, which will result in the United States being

12

issued an additional 3,771,899 shares of capital

13

stock, without any cash contribution;

14‘‘(2) a resolution to increase the authorized cap-

15

ital stock of the Corporation on a general basis by

16

4,579,995 shares; and17‘‘(3) a resolution to increase the authorized cap-

18

ital stock of the Corporation on a selective basis by

19

919,998 shares.

20‘‘(b) AMENDMENT OF THE ARTICLES .—The United

21 States Governor of the Corporation is authorized to agree
22 to and accept an amendment to article II, section 2(c)(ii)
23 of the Articles of Agreement of the Corporation that would
24 increase the vote by which the Board of Governors of the
25 Corporation may increase the capital stock of the Corpora-

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159
1 tion from a four-fifths majority to an eighty-five percent
2 majority.’’.
3(3) AFRICAN DEVELOPMENT BANK.—The Afri-4

can Development Bank Act (22 U.S.C. 290i et seq.)5

is amended by adding at the end the following new

6section:

7‘‘SEC. 1345 SEVENTH CAPITAL INCREASE.

8‘‘(a) SUBSCRIPTION AUTHORIZED.—

9‘‘(1) IN GENERAL.—The United States Gov-

10ernor of the Bank may subscribe on behalf of the

11

United States to 532,023 additional shares of the12capital stock of the Bank.

13‘‘(2) LIMITATION.—Any subscription by the14

United States to the capital stock of the Bank shall15

be effective only to such extent and in such amounts

16

as are provided in advance in appropriations Acts.

17‘‘(b) AUTHORIZATIONS OF APPROPRIATIONS.—

18‘‘(1) IN GENERAL.—In order to pay for the in-19crease in the United States subscription to the Bank

20

under subsection (a), there are authorized to be ap-

21

propriated,

22$7,286,587,008 for payment by the Secretary of the23

Treasury.

24

without

fiscalyear

limitation,‘‘(2) SHARE TYPES.—Of the amount authorized

25

to be appropriated under paragraph (1)—

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160
1‘‘(A) $437,190,016 shall be for paid in

2shares of the Bank; and3‘‘(B) $6,849,396,992 shall be for callable

4

shares of the Bank.’’.

5(4) AFRICAN DEVELOPMENT FUND.—The Afri-6

can Development Fund Act (22 U.S.C. 290g et seq.)7

is amended by adding at the end the following new

8section:

9‘‘SEC. 226 FIFTEENTH REPLENISHMENT.

10‘‘(a) IN GENERAL.—The United States Governor of

11 the Fund is authorized to contribute on behalf of the
12 United States $513,900,000 to the fifteenth replenish13 ment of the resources of the Fund, subject to obtaining
14 the necessary appropriations.
15

‘‘(b)

AUTHORIZATIONOFAPPROPRIATIONS.—In

16 order to pay for the United States contribution provided
17 for in subsection (a), there are authorized to be appro18 priated, without fiscal year limitation, $513,900,000 for
19 payment by the Secretary of the Treasury.’’.
20(5) INTERNATIONAL MONETARY FUND AUTHOR-21

IZATION FOR NEW ARRANGEMENTS TO BORROW.—

22(A) IN

GENERAL.—Section

17 of the23

Bretton Woods Agreements Act (22 U.S.C.

24

286e–2) is amended—25(i) in subsection (a)—

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161
1(I) by redesignating paragraphs

2(3), (4), and (5) as paragraphs (4),3(5), and (6), respectively;

4(II) by inserting after paragraph

5(2) the following new paragraph:6‘‘(3) In order to carry out the purposes of a7

one-time decision of the Executive Directors of the

8International Monetary Fund (the Fund) to expand

9

the resources of the New Arrangements to Borrow,

10

established pursuant to the decision of January 27,

111997, referred to in paragraph (1), the Secretary of

12

the Treasury is authorized to make loans, in an

13

amount not to exceed the dollar equivalent of

14

28,202,470,000 of Special Drawing Rights, in addi-

15

tion to any amounts previously authorized under this16

section, except that prior to activation of the New

17

Arrangements to Borrow, the Secretary of the18

Treasury shall report to Congress whether supple-

19

mentary resources are needed to forestall or cope20with an impairment of the international monetary21

system and whether the Fund has fully explored22

other means of funding to the Fund.’’; and23(III) in paragraph (5), as so re-24

designated, by striking ‘‘paragraph

25(3)’’ and inserting ‘‘paragraph (4)’’.

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1621(ii) in paragraph (6), as so redesig-

2

nated, by striking ‘‘December 16, 2022’’3

and inserting ‘‘December 31, 2025’’; and4(iii) in subsection (e)(1) by striking

5‘‘(a)(2),’’ each place such term appears

6

and inserting ‘‘(a)(2), (a)(3)’’.

7(c) The amounts provided by the amendments made8 by this section are designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12

TECHNICAL CORRECTIONS

13
14

SEC. 11113. (a) ENVIRONMENT COOPERATION COMMISSIONS;NORTH AMERICAN DEVELOPMENT BANK.—

15 Section 601 of the United States-Mexico-Canada Agree16 ment Implementation Act (Public Law 116–113; 134
17 Stat. 78) is amended by inserting ‘‘, other than sections
18 532 and 533 of such Act and part 2 of subtitle D of title
19 V of such Act (as amended by section 831 of this Act),’’20 before ‘‘is repealed’’.
21(b) PROTECTIVE ORDERS.—Section 422 of the

22 United States-Mexico-Canada Agreement Implementation
23 Act (134 Stat. 64) is amended in subsection (a)(2)(A) by
24 striking ‘‘all that follows through ‘, the administering au25 thority’ ’’ and inserting ‘‘all that follows through ‘Agree26 ment, the administering authority’ ’’.
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1631(c) DISPUTE SETTLEMENT.—Subsection (j) of sec-

2 tion 504 of the United States-Mexico-Canada Agreement
3 Implementation Act (134 Stat. 76) is amended in the item
4 proposed to be inserted into the table of contents of such
5 Act relating to section 414 by striking ‘‘determination’’6 and inserting ‘‘determinations’’.
7(d) EFFETIVE DATE.—Each amendment made by

8 this section shall take effect as if included in the enact9 ment of the United States-Mexico-Canada Agreement Im10 plementation Act.
1112(e) NORTH AMERICAN DEVELOPMENT BANK: LIMITATION ON

CALLABLE CAPITAL SUBSCRIPTIONS.—The

13 Secretary of the Treasury may subscribe without fiscal
14 year limitation to the callable capital portion of the United
15 States share of capital stock of the North American Devel16 opment Bank in an amount not to exceed $1,020,000,000.
17 The authority in the preceding sentence shall be in addi18 tion to any other authority provided by previous Acts.
19(f) The amounts provided by the amendments made20 by this section are designated by the Congress as being
21 for an emergency requirement pursuant to section
22 251(b)(2)(A)(i) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.
24

SEC. 11114. Notwithstanding any other provision of

25 law, funds made available under each heading in this title

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164
1 shall only be used for the purposes specifically described
2 under that heading.

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165
1

TITLE XII

2

TRANSPORTATION, HOUSING AND URBAN

3

DEVELOPMENT, AND RELATED AGENCIES

4DEPARTMENT OF TRANSPORTATION

5OFFICE OF THE SECRETARY6

SALARIES AND EXPENSES

7

For an additional amount for ‘‘Salaries and Ex-

8 penses’’, $1,753,000, to remain available until September
9 30, 2020, to prevent, prepare for, and respond to
10 coronavirus, including necessary expenses for operating
11 costs and capital outlays: Provided, That such amounts
12 are in addition to any other amounts made available for
13 this purpose: Provided further, That obligations of
14 amounts under this heading in this Act shall not be sub15 ject to the limitation on obligations under the heading
16 ‘‘Office of the Secretary—Working Capital Fund’’ in divi17 sion H of the Further Consolidated Appropriations Act,18 2020 (Public Law 116–94): Provided further, That such
19 amount is designated by the Congress as being for an
20 emergency

requirement

pursuanttosection

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23

PAYMENT TO AIR CARRIERS

24

In addition to funds made available to the ‘‘Payment

25 to Air Carriers’’ program in Public Law 116–94 to carry

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166
1 out the essential air service program under sections 41731
2 through 41742 of title 49, United States Code,3 $100,000,000, to be derived from the general fund and4 made available to the Essential Air Service and Rural Im5 provement Fund, to remain available until expended: Pro6 vided, That in determining between or among carriers
7 competing to provide service to a community, the Sec8 retary may consider the relative subsidy requirements of
9 the carriers: Provided further, That basic essential air
10 service minimum requirements shall not include the 1511 passenger capacity requirement under section 41732(b)(3)
12 of such title: Provided further, That none of the funds in
13 this Act or any other Act shall be used to enter into a
14 new contract with a community located less than 40 miles
15 from the nearest small hub airport before the Secretary
16 has negotiated with the community over a local cost share:
17 Provided further, That amounts authorized to be distrib18 uted for the essential air service program under section
19 41742(b) of title 49, United States Code, shall be made20 available from amounts otherwise provided to the Admin21 istrator of the Federal Aviation Administration: Provided
22 further, That the Administrator may reimburse such
23 amounts from fees credited to the account established
24 under section 45303 of such title: Provided further, That
25 such amount is designated by the Congress as being for

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167
1 an

emergency

requirement

pursuanttosection2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4

OFFICE OF AIRLINE INDUSTRY FINANCIAL OVERSIGHT

5

For the necessary expenses of the Office of Airline

6 Industry Financial Oversight, as authorized in øsection
7 [301] of title [III of division R]¿ of teh Take Responsi8 bility for Workers and Families Act, $3,000,000: Pro9 vided, That such amount is designated by the Congress
10 as being for an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985.
13

AIRLINE ASSISTANCE TO RECYCLE AND SAVE PROGRAM

14

For the necessary expenses of the Airline Assistance

15 to Recycle and Save Program, as authorized in øsection
16 702 of title VII of division R¿ of the Take Responsibility
17 for Workers and Families Act, $1,000,000,000 to remain
18 available until expended: Provided, That such amount is
19 designated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985.
22

PANDEMIC RELIEF FOR AVIATION WORKERS

23

For necessary expenses for providing pandemic relief

24 for aviation workers, $40,000,000,000, to remain available
25 until September 30, 2021 of which $37,000,000,000 shall

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168
1 be for the purposes authorized in øsection [101(a)(1)(A)]
2 of title [I] of division R¿ of the Take Responsibility for
3 Workers and Families Act, and $3,000,000,000, shall be
4 for the purposes authorized in øsection [101(a)(1)(B)] of
5 title [I] of division R¿ of the Take Responsibility for
6 Workers and Families Act: Provided, That such amount
7 is designated by the Congress as being for an emergency
8 requirement pursuant to section 251(b)(2)(A)(i) of the
9 Balanced Budget and Emergency Deficit Control Act of
10 1985.
11

In addition, for the cost of making direct loans and

12 loan guarantees in accordance with the terms and condi13 tions in øsections [101–103 and 105] of title [I] of divi14 sion R¿ of the Take Responsibility for Workers and Fami15 lies Act, such sums as may be necessary to remain avail16 able until September 30, 2021: Provided, That such costs,
17 including the cost of modifying such loans, shall be defined
18 by section 502 of the Congressional Budget Act of 1974:
19 Provided further, That subject to section 502 of the Con20 gressional Budget Act of 1974, during fiscal years 2020
21 and 2021, the aggregate sum of the principle for direct
22 loans

andguaranteed

loans

shall

not

exceed23 $21,000,000,000: Provided further, That such amount is
24 designated by the Congress as being for an emergency re-

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169
1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.
3

FEDERAL AVIATION ADMINISTRATION

4OPERATIONS

5(AIRPORT AND AIRWAY TRUST FUND)

6

Of the amounts made available from the Airport and7 Airway Trust Fund for ‘‘Federal Aviation Administra8 tion—Operations’’ in title XI of subdivision 1 of division
9 B of the Bipartisan Budget Act of 2018 (Public Law 115–
10 123), not more than $25,000,000 may be used to prevent,11 prepare for, and respond to coronavirus: Provided, That
12 amounts repurposed under this heading in this Act that
13 were previously designated by the Congress as an emer14 gency requirement pursuant to the Balanced Budget and
15 Emergency Deficit Control Act of 1985 are designated by
16 the Congress as an emergency requirement pursuant to
17 section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19

GRANTS-IN-AID FOR AIRPORTS

20

For an additional amount for ‘‘Grants-In-Aid for Air-

21 ports’’, to enable the Secretary of Transportation to make22 grants in accordance with the terms and conditions in sec23 tion 401 of title IV division R of the Take Responsibility
24 for Workers and Families Act, $10,000,000,000, to re25 main available until expended: Provided, That amounts

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170
1 made available under this heading in this Act shall be de2 rived from the general fund: Provided further, That such
3 amount is designated by the Congress as being for an
4 emergency

requirement

pursuanttosection

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7

RESEARCH, ENGINEERING, AND DEVELOPMENT8

For an additional amount for ‘‘Research, Engineer-

9 ing, and Development’’, as authorized in øsection 705 of
10 title VII of division R¿ of the Take Responsibility for
11 Workers and Families Act, $100,000,000, to remain avail12 able until expended: Provided, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985.
16

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

17

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

18

Of prior year unobligated contract authority and liq-

19 uidating cash provided for Motor Carrier Safety in the
20 Transportation Equity Act for the 21st Century (Public
21 Law 105–178), SAFETEA–LU (Public Law 109–59), or
22 any other Act, in addition to amounts already appro23 priated in fiscal year 2020 for ‘‘Motor Carrier Safety Op24 erations and Programs’’ $150,000 in additional obligation
25 limitation is provided and repurposed for obligations in-

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171
1 curred to support activities to prevent, prepare for, and2 respond to coronavirus: Provided, That such amount is
3 designated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985.
6

FEDERAL RAILROAD ADMINISTRATION

7SAFETY AND OPERATIONS

8

For an additional amount for ‘‘Safety and Oper-

9 ations’’, $250,000, to remain available until September
10 30, 2021, to prevent, prepare for, and respond to
11 coronavirus: Provided, That such amount is designated by
12 the Congress as being for an emergency requirement pur13 suant to section 251(b)(2)(A)(i) of the Balanced Budget
14 and Emergency Deficit Control Act of 1985.
15

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

16

RAILROAD PASSENGER CORPORATION17(INCLUDING TRANSFER OF FUNDS)

18

For an additional amount for ‘‘Northeast Corridor

19 Grants to the National Railroad Passenger Corporation’’,20 $492,000,000, to remain available until September 30,
21 2021, to prevent, prepare for, and respond to coronavirus,
22 including to enable the Secretary of Transportation to
23 make or amend existing grants to the National Railroad
24 Passenger Corporation for activities associated with the
25 Northeast Corridor as authorized by section 11101(a) of

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1 the Fixing America’s Surface Transportation Act (division
2 A of Public Law 114–94): Provided, That amounts made3 available under this heading in this Act may be trans4 ferred to and merged with ‘‘National Network Grants to
5 the National Railroad Passenger Corporation’’ to prevent,
6 prepare for, and respond to coronavirus: Provided further,
7 That such amount is designated by the Congress as being
8 for an emergency requirement pursuant to section
9 251(b)(2)(A)(i) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11

NATIONAL NETWORK GRANTS TO THE NATIONAL

12

RAILROAD PASSENGER CORPORATION

13(INCLUDING TRANSFER OF FUNDS)

14

For an additional amount for ‘‘National Network

15 Grants to the National Railroad Passenger Corporation’’,16 $526,000,000, to remain available until September 30,
17 2021, to prevent, prepare for, and respond to coronavirus,
18 including to enable the Secretary of Transportation to19 make or amend existing grants to the National Railroad
20 Passenger Corporation for activities associated with the
21 National Network as authorized by section 11101(b) of
22 the Fixing America’s Surface Transportation Act (division
23 A of Public Law 114–94): Provided, That a State shall
24 not be required to pay the National Railroad Passenger
25 Corporation more than 80 percent of the amount paid in

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1 fiscal year 2019 under section 209 of the Passenger Rail
2 Investment and Improvement Act of 2008 (Public Law
3 110–432) and that not less than $239,000,000 of the
4 amounts made available under this heading in this Act
5 shall be made available for use in lieu of any increase in
6 a State’s payment: Provided further, That amounts made7 available under this heading in this Act may be trans8 ferred to and merged with the ‘‘Northeast Corridor Grants
9 to the National Railroad Passenger Corporation’’ to pre10 vent, prepare for, and respond to coronavirus: Provided
11 further, That such amount is designated by the Congress
12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985.
15

FEDERAL TRANSIT ADMINISTRATION

16

TRANSIT INFRASTRUCTURE GRANTS

17

For an additional amount for ‘‘Transit Infrastructure

18 Grants’’ $25,000,000,000, to remain available until Sep19 tember 30, 2021, to prevent, prepare for, and respond to
20 coronavirus: Provided, That the Secretary of Transpor21 tation shall provide funds appropriated under this heading
22 in this Act as if such funds were provided under section
23 5307 of title 49, United States Code, and apportion such
24 funds in accordance with section 5336 of such title (other
25 than subsections (h)(1) and (h)(4)), sections 5311, 5337,

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1 and 5340 of title 49, United States Code, and apportion
2 such funds in accordance with such sections, except that
3 funds apportioned under section 5337 shall be added to
4 funds apportioned under section 5307 for administration
5 under section 5307: Provided further, That the Secretary
6 shall allocate the amounts provided in the preceding pro7 viso under sections 5307, 5311, 5337, and 5340 of title
8 49, United States Code, among such sections in the same
9 ratio as funds were provided in the fiscal year 2020 appor10 tionments: Provided further, That funds apportioned
11 under this heading shall be apportioned not later than 7
12 days after the date of enactment of this Act: Provided fur13 ther, That funds shall be apportioned using the fiscal year
14 2020 apportionment formulas: Provided further, That not
15 more than three-quarters of 1 percent of the funds for
16 transit infrastructure grants shall be available for admin17 istrative expenses and ongoing program management over18 sight as authorized under sections 5334 and 5338(f)(2)
19 of title 49, United States Code, and shall be in addition
20 to any other appropriations for such purpose: Provided
21 further, That notwithstanding subsection (a)(1) or (b) of
22 section 5307 of title 49, United States Code, funds pro23 vided under this heading are available for the operating
24 expenses of transit agencies related to the response to a
25 public health emergency as described in section 319 of the

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1 Public Health Service Act, including, beginning on Janu2 ary 31, 2020, reimbursement for operating costs to main3 tain service and lost revenue due to the public health
4 emergency, the purchase of personal protective equipment,
5 and paying the administrative leave of operations per6 sonnel due to reductions in service: Provided further, That
7 such operating expenses are not required to be included
8 in a transportation improvement program, long-range
9 transportation, statewide transportation plan, or a state10 wide transportation improvement program: Provided fur11 ther, That the Secretary shall not waive the requirements
12 of section 5333 of title 49, United States Code, for funds
13 appropriated under this heading or for funds previously
14 made available under section 5307 of title 49, United
15 States Code, or sections 5311, 5337, or 5340 of such title
16 as a result of the coronavirus: Provided further, That un17 less otherwise specified, applicable requirements under
18 chapter 53 of title 49, United States Code, shall apply to
19 funding made available under this heading, except that the
20 Federal share of the costs for which any grant is made21 under this heading shall be, at the option of the recipient,
22 up to 100 percent: Provided further, That the amount23 made available under this heading shall be derived from24 the general fund and shall not be subject to any limitation
25 on obligations for transit programs set forth in any Act:

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176
1 Provided further, That such amount is designated by the
2 Congress as being for an emergency requirement pursuant
3 to section 251(b)(2)(A)(i) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5

MARITIME ADMINISTRATION

6OPERATIONS AND TRAINING

7

For an additional amount for ‘‘Operations and Train-

8 ing’’, $3,134,000, to remain available until September 30,
9 2021, to prevent, prepare for, and respond to coronavirus:
10 Provided, That of the amounts made available under this11 heading in this Act, $1,000,000 shall be for the operations
12 of the United States Merchant Marine Academy: Provided
13 further, That such amount is designated by the Congress
14 as being for an emergency requirement pursuant to sec15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985.
17

OFFICE OF INSPECTOR GENERAL

18

SALARIES AND EXPENSES

19

For an additional amount for ‘‘Office of Inspector

20 General’’, $5,000,000, to remain available through Sep21 tember 30, 2021: Provided, That the amount made avail22 able under this heading in this Act shall be for necessary
23 expenses of the Office of Inspector General to carry out
24 the provisions of the Inspector General Act of 1978, as
25 amended: Provided further, That the amounts made avail-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML177
1 able under this heading in this Act shall be used to con2 duct audits and investigations of activities carried out with
3 amounts made available in this Act to the Department of
4 Transportation to prevent, prepare for, and respond to
5 coronavirus: Provided further, That the Inspector General
6 shall have all the necessary authority, in carrying out the
7 duties specified in the Inspector General Act, as amended
8 (5 U.S.C. App 3), to investigate allegations of fraud, in9 cluding false statements to the Government (18 U.S.C.
10 1001), by any person or entity that is subject to regulation
11 by the Department of Transportation: Provided further,
12 That such amount is designated by the Congress as being
13 for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16

GENERAL PROVISIONS—DEPARTMENT OF

17

TRANSPORTATION

18

SEC. 11201. For amounts made available by this Act

19 under the headings ‘‘Northeast Corridor Grants to the Na20 tional Railroad Passenger Corporation’’ and ‘‘National
21 Network Grants to the National Railroad Passenger Cor22 poration’’, the Secretary of Transportation may not waive
23 the requirements under section 24312 of title 49, United
24 States Code, and section 24305(f) of title 49, United
25 States Code: Provided, That for amounts made available

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178
1 by this Act under such headings the Secretary shall re2 quire the National Railroad Passenger Corporation to
3 comply with the Railway Retirement Act of 1974 (45
4 U.S.C. 231 et seq.), the Railway Labor Act (45 U.S.C.
5 151 et seq.), and the Railroad Unemployment Insurance
6 Act (45 U.S.C. 351 et seq.): Provided further, That not
7 later than 7 days after the date of enactment of this Act
8 and each subsequent 7 days thereafter, the Secretary shall9 notify the House and Senate Committees on Appropria10 tions, the Committee on Transportation and Infrastruc11 ture of the House of Representatives, and the Committee
12 on Commerce, Science, and Transportation of the Senate
13 of any National Railroad Passenger Corporation employee
14 furloughs as a result of efforts to prevent, prepare for,15 and respond to coronavirus: Provided further, That in the
16 event of any National Railroad Passenger Corporation em17 ployee furloughs as a result of efforts to prevent, prepare
18 for, and respond to coronavirus, the Secretary shall re19 quire the National Railroad Passenger Corporation to pro20 vide such employees the opportunity to be recalled to their
21 previously held positions as intercity passenger rail service
22 is restored to March 1, 2020 levels and not later than the
23 date on which intercity passenger rail service has been
24 fully restored to March 1, 2020 levels.

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179
1

DEPARTMENT OF HOUSING AND URBAN

2

DEVELOPMENT

3

MANAGEMENT AND ADMINISTRATION4ADMINISTRATIVE SUPPORT OFFICES

5

For an additional amount for ‘‘Administrative Sup-

6 port Offices’’, $10,000,000, to remain available until Sep7 tember 30, 2021, to prevent, prepare for, and respond to
8 coronavirus: Provided, That such amount is designated by
9 the Congress as being for an emergency requirement pur10 suant to section 251(b)(2)(A)(i) of the Balanced Budget
11 and Emergency Deficit Control Act of 1985.
12

PROGRAM OFFICES

13

For an additional amount for ‘‘Program Offices’’,

14 $10,000,000, to remain available until September 30,
15 2030, to prevent, prepare for, and respond to coronavirus:
16 Provided, That of the sums appropriated under this head17 ing in this Act—18(1) $2,500,000 shall be available for the Office19

of Public and Indian Housing;20(2) $5,000,000 shall be available for the Office21

of Community Planning and Development; and

22(3) $2,500,000 shall be available for the Office23

of Housing:

24 Provided further, That such amount is designated by the
25 Congress as being for an emergency requirement pursuant

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180
1 to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3

PUBLIC AND INDIAN HOUSING

4TENANT-BASED RENTAL ASSISTANCE

5

For an additional amount for ‘‘Tenant-Based Rental

6 Assistance’’, $1,500,000,000, to remain available until ex7 pended, to provide additional funds for public housing
8 agencies to maintain operations and take other necessary
9 actions to prevent, prepare for, and respond to
10 coronavirus: Provided, That of the amounts made avail11 able under this heading in this Act, $1,000,000,000 shall
12 be available for additional administrative and other ex13 penses of public housing agencies in administering their
14 section 8 programs, including Mainstream vouchers, in re15 sponse to coronavirus: Provided further, That such other16 expenses shall be new eligible activities to be defined by
17 the Secretary and shall be activities to support or maintain18 the health and safety of assisted individuals and families,
19 and costs related to retention and support of current par20 ticipating landlords: Provided further, That amounts made21 available under paragraph (3) of this heading in division
22 H of the Further Consolidated Appropriations Act, 2020
23 (Public Law 116–94) may be used for the other expenses
24 as described in the preceding proviso in addition to their
25 other available uses: Provided further, That of the

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181
1 amounts made available under this heading in this Act,
2 $500,000,000 shall be available for adjustments in the cal3 endar year 2020 section 8 renewal funding allocations, in4 cluding Mainstream vouchers, for public housing agencies
5 that experience a significant increase in voucher per-unit
6 costs due to extraordinary circumstances or that, despite
7 taking reasonable cost savings measures, as determined by
8 the Secretary, would otherwise be required to terminate
9 rental assistance for families as a result of insufficient
10 funding: Provided further, That the Secretary shall allo11 cate amounts provided in the preceding proviso based on
12 need, as determined by the Secretary: Provided further,
13 That for any amounts provided under this heading in prior
14 Acts for tenant-based rental assistance contracts, includ15 ing necessary administrative expenses, under section 811
16 of the Cranston-Gonzalez National Affordable Housing
17 Act (42 U.S.C. 8013) that remain available for this pur18 pose after funding renewals and administrative expenses,
19 the Secretary shall award no less than 50 percent of the
20 remaining amounts for the same purpose within 60 days
21 of enactment of this Act: Provided further, That the Sec22 retary may waive, or specify alternative requirements for,
23 any provision of any statute or regulation that the Sec24 retary administers in connection with the use of the
25 amounts made available under this heading and the same

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182
1 heading of Public Law 116–94 (except for requirements
2 related to fair housing, nondiscrimination, labor stand3 ards, and the environment), upon a finding by the Sec4 retary that any such waivers or alternative requirements
5 are necessary for the safe and effective administration of
6 these funds to prevent, prepare for, and respond to
7 coronavirus: Provided further, That the Secretary shall no8 tify the public through the Federal Register or other ap9 propriate means to ensure the most expeditious allocation
10 of this funding of any such waiver or alternative require11 ment in order for such waiver or alternative requirement
12 to take effect, and that such public notice may be provided
13 at a minimum on the Internet at the appropriate Govern14 ment web site or through other electronic media, as deter15 mined by the Secretary: Provided further, That any such
16 waivers or alternative requirements shall remain in effect
17 for the time and duration specified by the Secretary in
18 such public notice and may be extended if necessary upon
19 additional notice by the Secretary: Provided further, That
20 such amount is designated by the Congress as being for
21 an

emergency

requirement

pursuanttosection

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.

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183
1

PUBLIC HOUSING OPERATING FUND

2

For an additional amount for ‘‘Public Housing Oper-

3 ating Fund’’ for 2020 payments to public housing agen4 cies for the operation and management of public housing,
5 as authorized by section 9(e) of the United States Housing
6 Act of 1937 (42 U.S.C. 1437g(e)), $720,000,000, to re7 main available until September 30, 2021: Provided, That
8 such amount shall be combined with the amount appro9 priated for the same purpose under the same heading of
10 Public Law 116–94, and distributed to all public housing
11 agencies pursuant to the Operating Fund formula at part
12 990 of title 24, Code of Federal Regulations: Provided fur13 ther, That for the period from the enactment of this Act
14 through December 31, 2020, such combined total amount
15 may be used for eligible activities under subsections (d)(1)
16 and (e)(1) of such section 9 and for other expenses to pre17 vent, prepare for, and respond to coronavirus, including
18 activities to support or maintain the health and safety of
19 assisted individuals and families, and activities to support
20 education and child care for impacted families: Provided
21 further, That amounts made available under the headings
22 ‘‘Public Housing Operating Fund’’ and ‘‘Public Housing
23 Capital Fund’’ in prior Acts, except for any set-asides list24 ed under such headings, may be used for all of the pur25 poses described in the preceding proviso: Provided further,

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184
1 That the expanded uses and funding flexibilities described
2 in the previous two provisos shall be available to all public
3 housing agencies through December 31, 2020, except that
4 the Secretary may extend the period under which such
5 flexibilities shall be available in additional 12 month incre6 ments upon a finding that individuals and families as7 sisted by the public housing program continue to require
8 expanded services due to the coronavirus pandemic: Pro9 vided further, That the Secretary may waive, or specify
10 alternative requirements for, any provision of any statute11 or regulation that the Secretary administers in connection
12 with the use of such combined total amount of funds made13 available under the headings ‘‘Public Housing Operating
14 Fund’’ and ‘‘Public Housing Capital Fund’’ in prior Acts
15 (except for requirements related to fair housing, non16 discrimination, labor standards, and the environment),
17 upon a finding by the Secretary that any such waivers or
18 alternative requirements are necessary for the safe and ef19 fective administration of these funds to prevent, prepare
20 for, and respond to coronavirus: Provided further, That the
21 Secretary shall notify the public through the Federal Reg22 ister or other appropriate means to ensure the most expe23 ditious allocation of this funding of any such waiver or
24 alternative requirement in order for such waiver or alter25 native requirement to take effect, and that such public no-

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185
1 tice may be provided at a minimum on the Internet at
2 the appropriate Government web site or through other3 electronic media, as determined by the Secretary: Provided
4 further, That any such waivers or alternative requirements
5 shall remain in effect for the time and duration specified
6 by the Secretary in such public notice and may be ex7 tended if necessary upon additional notice by the Sec8 retary: Provided further, That amounts repurposed under
9 this heading that were previously designated by the Con10 gress as an emergency requirement pursuant to the Bal11 anced Budget and Emergency Deficit Control Act of 1985
12 are designated by the Congress as an emergency require13 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
14 Budget and Emergency Deficit Control Act of 1985 Pro15 vided further, That such amount is designated by the Con16 gress as being for an emergency requirement pursuant to
17 section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19

NATIVE AMERICAN PROGRAMS

20

For an additional amount for ‘‘Native American Pro-

21 grams’’, $350,000,000, to remain available until Sep22 tember 30, 2024, to prevent, prepare for, and respond to
23 coronavirus, of which—24(1) $250,000,000 shall be for the Native Amer-25

ican Housing Block Grants program, as authorized

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186
1

under title I of the Native American Housing Assist-

2

ance

3

(‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.): Provided,

4

That amounts made available in this paragraph shall5

be distributed according to the same funding for-6

mula used in fiscal year 2020: Provided further,7

That such amounts may be used to cover the cost8of and reimbursement of allowable costs to prevent,9

prepare for, and respond to coronavirus incurred by

10

a recipient regardless of the date on which such11

costs were incurred: Provided further, That the Sec-12

retary may waive, or specify alternative require-13

ments for, any provision of any statute or regulation

14

that the Secretary administers in connection with15

the use of amounts made available in this paragraph16

and in paragraph (1) under this heading in division

17

H of the Further Consolidated Appropriations Act,

18

2020 (Public Law 116–94) (except for requirements

19

related to fair housing, nondiscrimination, labor

20

standards, and the environment), upon a finding by

21

the Secretary that any such waivers or alternative

22

requirements are necessary to expedite or facilitate

23

the use of such amounts, including to prevent, pre-24pare for, and respond to coronavirus: Provided fur-25

ther, That any such waivers shall apply retroactively

andSelf-Determination

Act

of

1996

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187
1

to activities to prevent, prepare for, and respond to2coronavirus carried out with any amounts described3

in the preceding proviso; and

4(2) $100,000,000 shall be for grants to Indian

5

tribes for carrying out the Indian Community Devel-

6

opment Block Grant program, as authorized under

7

title I of the Housing and Community Development

8

Act of 1974 (42 U.S.C. 5301 et seq.) with respect

9

to Indian tribes for use to respond to emergencies

10

that constitute imminent threats to health and safe-

11

ty:

12

106(a)(1) of such Act, the Secretary shall prioritize,

13

without competition, allocations of such amounts for

14

activities and projects to prevent, prepare for, and15

respond to coronavirus: Provided further, That not16

to exceed 20 percent of any grant made with

17

amounts made available in this paragraph shall be

18

expended for planning and management development

19

and administration: Provided further, That such20

amounts may be used to cover the cost of and reim-

21

bursement of allowable costs to prevent, prepare for,22

and respond to coronavirus incurred by a recipient

23

regardless of the date on which such costs were in-24

curred: Provided further, That, notwithstanding sec-

25

tion 105(a)(8) of the Housing and Community De-

Provided,That,notwithstanding

section

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188
1velopment Act of 1974 (42 U.S.C. 5301 et seq.),

2

there shall be no percent limitation on the use of

3amounts for public services activities to prevent, pre-4pare for, and respond to coronavirus: Provided fur-5

ther, That the preceding proviso shall apply to all

6such activities funded with amounts made available

7in this paragraph and in paragraph (4) under this8

heading in division H of the Further Consolidated

9

Appropriations Act, 2020 (Public Law 116–94):

10

Provided further, That the Secretary may waive, or

11specify alternative requirements for, any provision of12

any statute or regulation that the Secretary admin-

13

isters in connection with the use of amounts made14

available in this paragraph and in paragraph (4)15under this heading in division H of the Further Con-16

solidated Appropriations Act, 2020 (Public Law

17

116–94) (except for requirements related to fair18

housing, nondiscrimination, labor standards, and the19environment), upon a finding by the Secretary that20

any such waivers or alternative requirements are

21

necessary to expedite or facilitate the use of such22

amounts, including to prevent, prepare for, and re-23

spond to coronavirus: Provided further, That any

24such waivers shall apply retroactively to activities to25

prevent, prepare for, and respond to coronavirus car-

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189
1

ried out with any amounts described in the pre-2

ceding proviso:

3 Provided further, That such amount is designated by the
4 Congress as being for an emergency requirement pursuant
5 to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7

COMMUNITY PLANNING AND DEVELOPMENT

8

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS9

For an additional amount for carrying out the

10 ‘‘Housing Opportunities for Persons with AIDS’’ pro11 gram, as authorized by the AIDS Housing Opportunity
12 Act (42 U.S.C. 12901 et seq.), $130,000,000, to remain
13 available until September 30, 2021, except that amounts
14 allocated pursuant to section 854(c)(5) of such Act shall
15 remain available until September 30, 2022, to provide ad16 ditional funds to maintain operations and for rental assist17 ance, supportive services, and other necessary actions, in
18 order to prevent, prepare for, and respond to the
19 coronavirus: Provided, That not less than $100,000,000
20 of the amount provided under this heading in this Act
21 shall be allocated pursuant to the formula in section 854
22 of such Act using the same data elements as utilized pur23 suant to that same formula in fiscal year 2020: Provided
24 further, That up to $20,000,000 of the amount provided
25 under this heading in this Act shall be to provide an addi-

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190
1 tional one-time, non-renewable award to grantees cur2 rently administering existing contracts for permanent sup3 portive housing that initially were funded under section
4 854(c)(5) of such Act from funds made available under
5 this heading in fiscal year 2010 and prior years: Provided
6 further, That such awards shall be made proportionally to
7 their existing grants: Provided further, That, notwith8 standing section 858(b)(3)(B) of such Act (42 U.S.C.
9 12907(b)(3)(B)), housing payment assistance for rent,
10 mortgage, or utilities payments may be provided for a pe11 riod of up to 24 months: Provided further, That such
12 awards are not required to be spent on permanent sup13 portive housing: Provided further, That, to protect persons
14 who are living with HIV/AIDS, such amounts provided
15 under this heading in this Act may be used to self-isolate,
16 quarantine, or to provide other coronavirus infection con17 trol services as recommended by the Centers for Disease
18 Control and Prevention for household members not living
19 with HIV/AIDS: Provided further, That such amounts
20 may be used to provide relocation services, including to
21 provide lodging at hotels, motels, or other locations in
22 order to satisfy the objectives of the preceding proviso:
23 Provided further, That, notwithstanding section 856(g) of
24 such Act (42 U.S.C. 12905(g)), a grantee may use up to
25 6 percent of its award under this Act for administrative

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191
1 purposes, and a project sponsor may use up to 10 percent
2 of its sub-award under this Act for administrative pur3 poses: Provided further, That such amounts provided
4 under this heading in this Act may be used to reimburse
5 allowable costs consistent with the purposes of this head6 ing incurred by a grantee or project sponsor regardless
7 of the date on which such costs were incurred: Provided
8 further, That any regulatory waivers the Secretary may
9 issue may be deemed to be effective as of the date a grant10 ee began preparing for coronavirus: Provided further, That
11 any additional activities or authorities authorized under
12 this heading in this Act may also apply at the discretion
13 and upon notice of the Secretary to all amounts made14 available under this same heading in Public Law 116–94
15 if such amounts are used by grantees for the purposes de16 scribed under this heading: Provided further, That up to
17 2 percent of amounts made available under this heading
18 in this Act may be used, without competition, to increase
19 prior awards made to existing technical assistance pro20 viders to provide an immediate increase in capacity build21 ing and technical assistance available to grantees under
22 this heading and under the same heading in prior Acts:
23 Provided further, That such amount is designated by the
24 Congress as being for an emergency requirement pursuant

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192
1 to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3

COMMUNITY DEVELOPMENT FUND

4

For an additional amount for ‘‘Community Develop-

5 ment Fund’’, $15,000,000,000, for assistance under the
6 community development block grant program under title
7 I of the Housing and Community Development Act of
8 1974 (42 U.S.C. 5301 et seq.) to prevent, prepare for,
9 and respond to coronavirus, to remain available until Sep10 tember 30, 2022: Provided, That up to $8,000,000,000
11 of the amount made available under this heading shall be
12 distributed pursuant to section 106 of such Act (42 U.S.C.
13 5306) to grantees that received allocations pursuant to
14 that same formula in fiscal year 2020, and that such allo15 cations shall be made within 30 days of enactment of this16 Act: Provided further, That, in addition to amounts allo17 cated pursuant to the preceding proviso, an additional
18 $5,000,000,000 shall be allocated directly to States to pre19 vent, prepare for, and respond to coronavirus within the
20 State, including activities within entitlement and non21 entitlement communities, based on public health needs,
22 risk of transmission of coronavirus, number of coronavirus
23 cases compared to the national average, and economic and24 housing market disruptions, and other factors, as deter25 mined by the Secretary, using best available data and that

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193
1 such allocations shall be made within 45 days of enact2 ment of this Act: Provided further, That any remaining
3 amounts shall be distributed directly to the State or unit
4 of general local government, at the discretion of the Sec5 retary, according to a formula based on factors to be de6 termined by the Secretary, prioritizing risk of trans7 mission of coronavirus, number of coronavirus cases com8 pared to the national average, and economic and housing
9 market disruptions resulting from coronavirus: Provided
10 further, That such allocations may be made on a rolling
11 basis as additional needs develop and data becomes avail12 able: Provided further, That the Secretary shall make all
13 such allocations based on the best available data at the
14 time of allocation: Provided further, That amounts made15 available in the preceding provisos may be used to reim16 burse allowable costs consistent with the purposes of this17 heading in this Act incurred by a State or locality regard18 less of the date on which such costs were incurred: Pro19 vided further, That section 116(b) of such Act (42 U.S.C.
20 5316(b)) and any implementing regulations, which require
21 grantees to submit their final statements of activities no
22 later than August 16 of a given fiscal year, shall not apply
23 to final statements submitted in accordance with sections
24 104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2)25 and (a)(3)) and comprehensive housing affordability strat-

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194
1 egies submitted in accordance with section 105 of the
2 Cranston-Gonzalez National Affordable Housing Act (423 U.S.C. 12705) for fiscal years 2019 and 2020: Provided
4 further, That such final statements and comprehensive
5 housing affordability strategies shall instead be submitted
6 not later than August 16, 2021: Provided further, That
7 the Secretary may waive, or specify alternative require8 ments for, any provision of any statute or regulation that
9 the Secretary administers in connection with the use of
10 amounts made available under this heading and for fiscal
11 years 2019 and 2020 (except for requirements related to
12 fair housing, nondiscrimination, labor standards, and the
13 environment), if the Secretary finds that good cause exists
14 for the waiver or alternative requirement and such waiver
15 or alternative requirement would not be inconsistent with
16 the overall purpose of title I of the Housing and Commu17 nity Development Act of 1974 , including for the purposes
18 of addressing the impact of coronavirus: Provided further,
19 That any such waiver or alternative requirement shall not
20 take effect before the expiration of the 5-day period that
21 begins on the date on which the Secretary notifies the pub22 lic through the Federal Register or other appropriate
23 means, including by means of the Internet at the appro24 priate Government web site or through other electronic
25 media, as determined by the Secretary: Provided further,

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195
1 That of the amounts made available under this heading,
2 up to $10,000,000 shall be made available for capacity
3 building and technical assistance to support the use of
4 such amounts to expedite or facilitate infectious disease
5 response: Provided further, That, notwithstanding sections
6 104(a)(2), (a)(3), and (c) of the Housing and Community
7 Development Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3),
8 and (c)) and section 105 of the Cranston-Gonzalez Na9 tional Affordable Housing Act (42 U.S.C. 12705), a
10 grantee may not be required to amend its statement of
11 activities in order to engage in activities to prevent, pre12 pare, and respond to coronavirus or the economic and
13 housing disruption caused by such virus, but shall make
14 public a report within 180 days of the end of the crisis
15 which fully accounts for those activities: Provided further,
16 That a grantee may not be required to hold in-person pub17 lic hearings in connection with citizen participation plan,
18 but shall provide citizens with notice and a reasonable op19 portunity to comment of no less than 15 days: Provided
20 further, That such procedures shall apply to grants from21 amounts made available under this heading and for fiscal
22 years 2019 and 2020: Provided further, That, during the23 period that national or local health authorities recommend
24 social distancing and limiting public gatherings for public
25 health reasons, a grantee may carry out virtual public

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196
1 hearings to fulfill applicable public hearing requirements
2 for all grants from funds made available under this head3 ing in this and prior Acts: Provided further, That any such
4 virtual hearings shall provide reasonable notification and5 access for citizens in accordance with the grantee’s certifi6 cations, timely responses from local officials to all citizen
7 questions and issues, and public access to all questions
8 and responses: Provided further, That, notwithstanding
9 subsection 105(a)(8) of the Housing and Community De10 velopment Act of 1974 (42 U.S.C. 5305(a)(8)), there shall
11 be no percent limitation for the use of funds for public
12 services activities to prevent, prepare, and respond to
13 coronavirus or the economic and housing disruption
14 caused by it: Provided further, That the preceding proviso
15 shall apply to all such activities carried out with grants
16 of funds made available under this heading and for fiscal
17 years 2019 and 2020: Provided further, That the Sec18 retary shall ensure there are adequate procedures in place
19 to prevent any duplication of benefits as defined by section
20 312 of the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5155) and act in accord22 ance with section 1210 of the Disaster Recovery Reform23 Act of 2018 (division D of Public Law 115–254; 132 Stat.
24 3442) and section 312 of the Robert T. Stafford Disaster
25 Relief and Emergency Assistance Act (42 U.S.C. 5115):

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197
1 Provided further, That such amount is designated by the
2 Congress as being for an emergency requirement pursuant
3 to section 251(b)(2)(A)(i) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5

HOMELESS ASSISTANCE GRANTS

6

For an additional amount for ‘‘Homeless Assistance

7 Grants’’, $5,000,000,000, to remain available until Sep8 tember 30, 2022, for the Emergency Solutions Grants pro9 gram as authorized under subtitle B of title IV of the
10 McKinney-Vento Homeless Assistance Act (42 U.S.C.
11 11371 et seq.), as amended, to prevent, prepare for, and12 respond to coronavirus among individuals and families
13 who are homeless, receiving homeless assistance, or at risk
14 of homelessness and to support additional homeless assist15 ance and homelessness prevention activities to mitigate the
16 impacts created by coronavirus: Provided, That up to
17 $1,500,000,000 of the amount appropriated under this18 heading in this Act shall be distributed pursuant to 24
19 CFR 576.3 to grantees that received allocations pursuant
20 to that same formula in fiscal year 2020, and that such
21 allocations shall be made within 30 days of enactment of
22 this Act: Provided further, That, in addition to amounts
23 allocated

in

the

precedingproviso,anadditional

24 $1,500,000,000 shall be allocated directly to a State or
25 unit of general local government by a formula to be devel-

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198
1 oped by the Secretary and that such allocations shall be
2 made within 45 days of enactment of this Act: Provided
3 further, That such formula shall allocate such amounts for
4 the benefit of unsheltered homeless, sheltered homeless,
5 and those at risk of homelessness to geographical areas
6 with the greatest need based on the risk of increasing
7 transmission of coronavirus, rising rates of sheltered and8 unsheltered homelessness, and disruptions to economic
9 and housing markets and other factors, as determined by
10 the Secretary: Provided further, That not less than every
11 60 days thereafter, the Secretary shall allocate a minimum
12 of an additional $500,000,000: Provided further, That
13 amounts in the preceding proviso shall be allocated by a
14 formula to be developed by the Secretary which takes into
15 consideration the factors contained in the third proviso
16 under this heading, in addition to the best available data
17 on the number of coronavirus cases and disruptions in eco18 nomic and housing markets, and other factors as deter19 mined by the Secretary: Provided further, That such
20 amounts may be used to reimburse allowable costs con21 sistent with the purposes of this heading incurred by a
22 State or locality regardless of the date on which such costs
23 were incurred: Provided further, That individuals and fam24 ilies who are very low-income (as such term is defined in
25 section 3(b) of the United States Housing Act of 1937

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML199
1 (42 U.S.C. 1437a(b)) shall be considered ‘‘at risk of home2 lessness’’ and eligible for homelessness prevention assist3 ance if they meet the criteria in subparagraphs (B) and4 (C) of section 401(1) of the McKinney-Vento Homeless
5 Act (42 U.S.C. 11360(1)(B) and (C)): Provided further,
6 That any individuals and families who are low-income (as7 such term is defined in section 3(b) of the United States
8 Housing Act of 1937 (42 U.S.C. 1437a(b)) shall be eligi9 ble for rental assistance: Provided further, That recipients
10 may deviate from applicable procurement standards when
11 procuring goods and services consistent with the purposes
12 of this heading: Provided further, That a recipient may
13 use up to 10 percent of its allocation for administrative
14 purposes: Provided further, That the use of such amounts
15 shall not be subject to the consultation, citizen participa16 tion, or match requirements that otherwise apply to the
17 Emergency Solutions Grants program, except that a re18 cipient must publish how it has and will utilize its alloca19 tion at a minimum on the Internet at the appropriate Gov20 ernment web site or through other electronic media: Pro21 vided further, That the spending cap established pursuant
22 to section 415(b) of the McKinney-Vento Homeless Act
23 (42 U.S.C. 11374) shall not apply to such amounts: Pro24 vided further, That such amounts may be used to provide
25 temporary emergency shelters (through leasing of existing

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200
1 property, temporary structures, or other means) for the
2 purposes described under this heading, and that such tem3 porary emergency shelters shall not be subject to the min4 imum periods of use required by section 416(c)(1) of such
5 Act (42 U.S.C. 11375(c)(1)): Provided further, That Fed6 eral habitability and environmental review standards and7 requirements shall not apply to the use of such amounts
8 for those temporary emergency shelters that have been de9 termined by Federal, State, or local health officials to be
10 necessary to prevent and mitigate the spread of
11 coronavirus: Provided further, That such amounts may be
12 used for training on infectious disease prevention and
13 mitigation and to provide hazard pay, including for time
14 worked prior to enactment of this Act, for staff working
15 directly to prevent and mitigate the spread of coronavirus
16 among persons who are homeless or at risk of homeless17 ness, and that such activities shall not be considered ad18 ministrative costs for purposes of the 10 percent cap: Pro19 vided further, That in administering the amounts made20 available under this heading in this Act, the Secretary may
21 waive, or specify alternative requirements for, any provi22 sion of any statute or regulation (except for any require23 ments related to fair housing, nondiscrimination, labor
24 standards, and the environment) that the Secretary ad25 ministers in connection with the obligation or use by the

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201
1 recipient of these amounts, if the Secretary finds that
2 good cause exists for the waiver or alternative requirement
3 and such waiver or alternative requirement is consistent
4 with the purposes described under this heading: Provided
5 further, That any such waivers shall be deemed to be effec6 tive as of the date a State or unit of local government
7 began preparing for coronavirus and shall apply to the use
8 of amounts provided under this heading and amounts pro9 vided under the same heading in fiscal year 2020 used
10 by recipients for the purposes described under this head11 ing: Provided further, That the Secretary shall notify the
12 public through the Federal Register or other appropriate
13 means, 5 days before the effective date, of any such waiver
14 or alternative requirement, and that such public notice
15 may be provided on the Internet at the appropriate Gov16 ernment web site or through other electronic media, as
17 determined by the Secretary: Provided further, That up
18 to 1 percent of amounts made available under this heading
19 in this Act may be used to increase prior awards made20 to existing technical assistance providers with experience
21 in providing health care services in order to provide an
22 immediate increase in capacity building and technical as23 sistance to recipients of the Emergency Solutions Grants
24 program under this heading and under the same heading
25 in fiscal years 2018, 2019 and 2020: Provided further,

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202
1 That none of the funds provided under this heading may
2 be used to require people experiencing homelessness to re3 ceive treatment or perform any other prerequisite activi4 ties as a condition for receiving shelter, housing, or other5 services: Provided further, That such amount is designated
6 by the Congress as being for an emergency requirement
7 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg8 et and Emergency Deficit Control Act of 1985.
9

EMERGENCY RENTAL ASSISTANCE

10

For and additional amount for ‘‘Emergency Rental

11 Assistance’’, as authorized in section 105 of title I of divi12 sion I of the Take Responsibility for Workers and Families
13 Act, $100,000,000,000, to remain available until ex14 pended: Provided, That such amount is designated by the
15 Congress as being for an emergency requirement pursuant
16 to section 251(b)(2)(A)(i) of the Balanced Budget and
17 Emergency Deficit Control Act of 1985.
18

HOUSING ASSISTANCE FUND

19

For an additional amount for the ‘‘Housing Assist-

20 ance Fund’’, as authorized in section 108 of title I of divi21 sion I of the Take Responsibility for Workers and Families
22 Act, $35,000,000,000, to remain available until expended:
23 Provided, That such amount is designated by the Congress
24 as being for an emergency requirement pursuant to sec-

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203
1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985.
3

HOUSING PROGRAMS4ASSISTED HOUSING STABILITY

5

For an additional amount for assistance to owners

6 or sponsors of properties receiving project-based assist7 ance pursuant to section 202 of the Housing Act of 1959
8 (12 U.S.C. 17012), section 811 of the Cranston-Gonzalez
9 National Affordable Housing Act (42 U.S.C. 8013), or
10 section 8 of the United States Housing Act of 1937, as
11 amended, (42 U.S.C. 1437f), $1,100,000,000, to remain
12 available until expended, unless otherwise specified: Pro13 vided, That such amounts shall be used to prevent, pre14 pare for, and respond to coronavirus: Provided further,
15 That of the amounts made available under this heading
16 in this Act:17(1) $1,000,000,000 shall be for ‘‘Project-Based18

Rental Assistance’’ to supplement funds already19

available for expiring or terminating section 8

20

project-based subsidy contracts (including section 8

21

moderate rehabilitation contracts), for amendments

22

to section 8 project-based subsidy contracts (includ-23

ing section 8 moderate rehabilitation contracts), for24

contracts entered into pursuant to section 441 of the25

McKinney-Vento

Homeless

Assistance

Act

(42

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204
1

U.S.C. 11401), for renewal of section 8 contracts for2units in projects that are subject to approved plans

3of action under the Emergency Low Income Housing

4

Preservation Act of 1987 or the Low-Income Hous-5

ing Preservation and Resident Homeownership Act

6

of 1990, and for administrative and other expenses

7

associated with project-based activities and assist-

8ance funded under this paragraph;9(2) $75,000,000, to remain available until Sep-

10

tember 30, 2022, shall be for ‘‘Housing for the El-

11derly’’ to supplement funds already available for

12

project rental assistance for the elderly under section

13

202(c)(2) of such Housing Act of 1959, including

14

amendments to contracts for such assistance and re-15

newal of expiring contracts for such assistance for16

up to a 1-year term, for senior preservation rental

17

assistance contracts, including renewals, as author-

18

ized by section 811(e) of the American Housing and19

Economic Opportunity Act of 2000, as amended,20

and for supportive services associated with the hous-

21

ing for the elderly as authorized by such section

22

202: Provided further, That funds made available

23

under this paragraph shall be used to provide emer-

24

gency assistance for continuation of contracts for

25

project rental assistance and amendment to such

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205
1contracts, supportive services, existing service coordi-

2nators, one-time grants to hire additional service co-3ordinators, other staffing, rent supports, and emer-

4

gency preparedness relating to coronavirus; and

5(3) $25,000,000, to remain available until Sep-

6

tember 30, 2023, shall be for ‘‘Housing for Persons

7with Disabilities’’ to supplement funds already avail-8

able for project rental assistance for supportive

9

housing for persons with disabilities under section

10811(d)(2) of such Cranston-Gonzalez National Af-

11

fordable Housing Act, for project assistance con-12

tracts pursuant to section 202(h) of the Housing

13

Act of 1959 (Public Law 86–372; 73 Stat. 667), in-14

cluding amendments to contracts for such assistance15

and renewal of expiring contracts for such assistance16

for up to a 1-year term, for project rental assistance17

to State housing finance agencies and other appro-

18

priate entities as authorized under section 811(b)(3)19of the Cranston-Gonzalez National Housing Act, and20

for supportive services associated with the housing

21

for persons with disabilities as authorized by section

22

811(b)(1) of such Act:

23 Provided further, That for the purposes of addressing the24 impact of coronavirus, the Secretary may waive, or specify
25 alternative requirements for, any provision of any statute

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206
1 or regulation that the Secretary administers in connection
2 with the use of amounts made available under this heading
3 in this Act (except for requirements related to fair hous4 ing, nondiscrimination, labor standards, and the environ5 ment) upon a finding by the Secretary that any such waiv6 ers or alternative requirements are necessary to expedite
7 or facilitate the use of such amounts: Provided further,
8 That the Secretary shall notify the public through the
9 Federal Register or other appropriate means of any such
10 waiver or alternative requirement in order for such waiver
11 or alternative requirement to take effect, and that such
12 public notice may be provided at minimum on the Internet
13 at the appropriate Government web site or through other
14 electronic media, as determined by the Secretary: Provided
15 further, That up to 1 percent of the amounts provided
16 under paragraphs (1), (2) and (3) may be used to make17 new awards or increase prior awards made to existing
18 technical assistance providers, without competition, to pro19 vide an immediate increase in capacity building and tech20 nical assistance available to recipients of amounts identi21 fied in the preceding proviso, to remain available until
22 September 30, 2024: Provided further, That such amount
23 is designated by the Congress as being for an emergency
24 requirement pursuant to section 251(b)(2)(A)(i) of the

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207
1 Balanced Budget and Emergency Deficit Control Act of
2 1985.
3

FAIR HOUSING AND EQUAL OPPORTUNITY

4FAIR HOUSING ACTIVITIES5

For an additional amount for ‘‘Fair Housing Activi-

6 ties’’, $7,000,000, to remain available until September 30,
7 2021, for contracts, grants, and other assistance, as au8 thorized by title VIII of the Civil Rights Act of 1968, as
9 amended by the Fair Housing Amendments Act of 1988,
10 and section 561 of the Housing and Community Develop11 ment Act of 1987, to prevent, prepare for, and respond
12 to coronavirus, of which $4,000,000 shall be for the Fair
13 Housing Assistance Program Partnership for Special En14 forcement grants to address fair housing issues relating
15 to coronavirus, and $3,000,000 shall be for the Fair Hous16 ing Initiatives Program for education and outreach activi17 ties under such section 561 to educate the public about
18 fair housing issues related to coronavirus: Provided, That
19 such amount is designated by the Congress as being for
20 an

emergency

requirement

pursuanttosection

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23

OFFICE OF INSPECTOR GENERAL

24

For an additional amount for ‘‘Office of Inspector

25 General’’, $5,000,000, to remain available until September

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208
1 30, 2021: Provided, That the amount made available
2 under this heading in this Act shall be for necessary sala3 ries and expenses of the Office of Inspector General in
4 carrying out the Inspector General Act of 1978 and to
5 conduct audits and investigations of activities carried out
6 with amounts made available in this Act to the Depart7 ment of Housing and Urban Development to prevent, pre8 pare for, and respond to coronavirus: Provided further,
9 That the Inspector General shall have independent author10 ity over all personnel issues within this office: Provided
11 further, That such amount is designated by the Congress
12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985.

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209
1

TITLE XIII

2

GENERAL PROVISIONS—THIS DIVISION

3

SEC. 11301. Not later than 30 days after the date

4 of enactment of this Act, the head of each executive agen5 cy that receives funding in this Act, or that received fund6 ing in the Coronavirus Preparedness and Response Sup7 plemental Appropriations Act, 2020 (division A of Public
8 Law 116–123) or the Second Coronavirus Preparedness
9 and Response Supplemental Appropriations Act, 2020 (di10 vision A of Public Law 116–127), shall provide a report
11 detailing the anticipated uses of all such funding to the
12 Committees on Appropriations of the House of Represent13 atives and the Senate: Provided, That each report shall
14 include estimated personnel and administrative costs, as
15 well as the total amount of funding apportioned, allotted,
16 obligated, and expended, to date: Provided further, That
17 each such report shall be updated and submitted to such
18 Committees every 60 days until all funds are expended
19 or expire: Provided further, That reports submitted pursu20 ant to this section shall satisfy the requirements of section
21 1701 of division A of Public Law 116–127.
22

SEC. 11302. Each amount appropriated or made23 available by this Act is in addition to amounts otherwise
24 appropriated for the fiscal year involved.

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210
1SEC. 11303. In this Act, the term ‘‘coronavirus’’

2 means SARS–CoV–2 or another coronavirus with pan3 demic potential.
4

SEC. 11304. No part of any appropriation contained

5 in this Act shall remain available for obligation beyond
6 the current fiscal year unless expressly so provided herein.
7

SEC. 11305. Unless otherwise provided for by this

8 Act, the additional amounts appropriated by this Act to9 appropriations accounts shall be available under the au10 thorities and conditions applicable to such appropriations
11 accounts for fiscal year 2020.
12

SEC. 11306. Each amount designated in this Act by

13 the Congress as being for an emergency requirement pur14 suant to section 251(b)(2)(A)(i) of the Balanced Budget
15 and Emergency Deficit Control Act of 1985 shall be avail16 able (or rescinded or transferred, if applicable) only if the
17 President subsequently so designates all such amounts
18 and transmits such designations to the Congress.
19

SEC. 11307. Any amount appropriated by this Act,

20 designated by the Congress as an emergency requirement
21 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg22 et and Emergency Deficit Control Act of 1985 and subse23 quently so designated by the President, and transferred
24 pursuant to transfer authorities provided by this Act shall
25 retain such designation.

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211
1

SEC. 11308. Notwithstanding any other provision of

2 law, and subject to the availability of appropriations,
3 funds made available by this Act or any other Act may
4 be used to modify the terms and conditions of a contract,
5 or other agreement, without consideration, to authorize a
6 federal agency to reimburse at contract billing rates not
7 to exceed an average of 40 hours per week any contractor
8 paid leave, including sick leave, the contractor provides to
9 its employees to ensure the effective response to the de10 clared national emergency for the coronavirus pandemic
11 event. Such authority shall apply only to a contractor
12 whose employees cannot perform work on a federally13 owned or leased facility or site due to federal government
14 directed closures or other restrictions, and who cannot
15 telework because their job duties cannot be performed re16 motely during the declared national emergency for the
17 coronavirus pandemic event. This authority also shall
18 apply to subcontractors. The amounts made available by
19 this section are designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A)(i) of
21 the Balanced Budget and Emergency Deficit Control Act
22 of 1985.
23

This division may be cited as the ‘‘Emergency Pen-

24 sion Plan Relief Act of 2020’’.

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212

DIVISION B—EMERGENCY FAM2ILY AND MEDICAL LEAVE EX3
PANSION ACT
14REFERENCES

5

SEC. 20001.

6

Except as otherwise expressly provided, whenever in

7 this division an amendment or repeal is expressed in terms
8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a
10 section or other provision of the Family and Medical Leave
11 Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the
12 Emergency Family and Medical Leave Expansion Act
13 (Public Law 116–127).
14

EMPLOYER CLARIFICATION

15

SEC. 20002.

16

Section 101(4) is amended by adding at the end the

17 following:
18

‘‘(C)

CLARIFICATION.—Subparagraph

19(A)(i) shall not apply with respect to a public

20

agency described in subparagraph (A)(iii).’’.

21

EMERGENCY LEAVE EXTENSION

22

SEC. 20003.

23

Section 102(a)(1)(F) is amended by striking ‘‘De-

24 cember 31, 2020’’ and inserting ‘‘December 31, 2021’’.
25

EMERGENCY LEAVE DEFINITIONS

26

SEC. 20004.

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2131(a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is

2 amended in subparagraph (A), by striking ‘‘sections
3 101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section
4 101(2)’’.
5(b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B)

6 is amended by striking ‘‘fewer than 500 employees’’ and7 inserting ‘‘1 or more employees’’.
8(c) PARENT.—Section 110(a)(1) is amended by add-

9 ing at the end the following:
10‘‘(C) PARENT.—In lieu of the definition in

11

section 101(7), the term ‘parent’, with respect

12

to an employee, means any of the following:

13‘‘(i) A biological, foster, or adoptive

14

parent of the employee.

15‘‘(ii) A stepparent of the employee.

16‘‘(iii) A parent-in-law of the employee.

17‘‘(iv) A parent of a domestic partner

18of the employee.

19‘‘(v) A legal guardian or other person

20

who stood in loco parentis to an employee

21

when the employee was a child.’’.

22(d) QUALIFYING NEED RELATEDTO A

PUBLIC

23 HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended
24 to read as follows:

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2141‘‘(A) QUALIFYING NEED RELATED TO A

2

PUBLIC

3‘qualifying need related to a public health emer-

4

gency’, with respect to leave, means that the5employee is unable to perform the functions of6

the position of such employee due to a need for7leave for any of the following:

HEALTHEMERGENCY.—The

term

8

‘‘(i) To comply with a recommenda-

9tion or order by a public official having ju-

10

risdiction or a health care provider on the11basis that the physical presence of the em-

12ployee on the job would jeopardize the13

health of others because of—14‘‘(I) the exposure of the employee

15

to COVID–19; or16‘‘(II) exhibition of symptoms of

17

COVID–19 by the employee.

18‘‘(ii) To care for a family member of19

an eligible employee with respect to whom20

a public official having jurisdiction or a21

health care provider makes a determina-

22

tion that the presence of such family mem-23

ber in the community would jeopardize the24

health of other individuals in the commu-

25

nity because of—

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2151‘‘(I) the exposure of the family

2

member to COVID–19; or3‘‘(II) exhibition of symptoms of

4

COVID–19 by the family member.

5‘‘(iii) To care for the son or daughter

6of such employee if the school or place of7care has been closed, or the child care pro-8

vider of such son or daughter is unavail-9able, due to a public health emergency.

10‘‘(iv) To care for a family member

11

who meets criteria of 101(12)(B) or is a12senior citizen, if the place of care for such

13

family member is closed, or the direct care

14

provider is unavailable, due to a public15

health emergency.’’.

16(e) FAMILY MEMBER.—Section 110(a)(2) is amended

17 by adding at the end the following:
18‘‘(E) FAMILY MEMBER.—The term ‘family

19

member’, with respect to an employee, means

20

any of the following:

21‘‘(i) A parent of the employee.

22‘‘(ii) A spouse of the employee.

23‘‘(iii) A sibling of the employee.

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216
1‘‘(iv) Next of kin of the employee or2

a person for whom the employee is next of

3

kin.

4

‘‘(v) A son or daughter of the em-

5ployee.

6‘‘(vi) A grandparent or grandchild of7

the employee.

8‘‘(vii) An domestic partner of the em-

9ployee.

10‘‘(F) DOMESTIC PARTNER.—

11‘‘(i) IN GENERAL.—The term ‘domes-

12

tic partner’, with respect to an individual,

13

means another individual with whom the14

individual is in a committed relationship.

15‘‘(ii) COMMITTED RELATIONSHIP DE-

16

FINED.—The term ‘committed relationship’17

means a relationship between 2 individuals,

18

each at least 18 years of age, in which

19

each individual is the other individual’s

20sole domestic partner and both individuals

21

share responsibility for a significant meas-

22

ure of each other’s common welfare. The

23

term includes any such relationship be-

24

tween 2 individuals that is granted legal

25

recognition by a State or political subdivi-

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217
1sion of a State as a marriage or analogous

2

relationship, including a civil union or do-

3

mestic partnership.’’.

4

REGULATORY AUTHORITIES

5

SEC. 20005.

6(a) IN GENERAL.—Section 110(a) is amended by

7 striking paragraph (3).
8(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-

9 ulation issued under section 110(a)(3), as in effect on the
10 day before the date of the enactment of this Act, shall
11 have no force or effect.
12

RELATIONSHIP TO PAID LEAVE

13

SEC. 20006.

14

Section 110(b) is amended—15(1) in paragraph (1)—16

(A) in the header, by striking ‘‘10 DAYS’’

17

and inserting ‘‘2 WORKWEEKS’’; and18(B) in subparagraph (A), by striking ‘‘10

19days’’ and inserting ‘‘2 workweeks’’;20(C) in subparagraph (B), by inserting, ‘‘,21

including leave provided under section 5102 of

22

the Emergency Paid Sick Leave Act (Public23

Law 116–127),’’ after ‘‘medical or sick leave’’;

24

and

25

(D) by inserting at the end the following:

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218
1‘‘(C) EMPLOYER REQUIREMENT.—An em-

2ployer may not require an employee to sub-3

stitute any leave described in subparagraph (B)4for leave under section 102(a)(1)(F).

5‘‘(D) RELATIONSHIPTO OTHER FAMILY

6AND MEDICAL LEAVE.—Leave taken under sub-7

paragraph (F) of section 102(a)(1) shall not8

count towards the 12 weeks of leave to which

9an employee is entitled under subparagraphs

10(A) through (E) of such section.’’; and11(2) in paragraph (2)(A), by striking ‘‘10 days’’12and inserting ‘‘2 workweeks’’.

13

WAGE RATE

14

SEC. 20007.

15

Section 110(2)(B)(I) is amended to read as follows:16‘‘(I) an amount that is not less17

than the greater of—18‘‘(aa) the minimum wage

19

rate

20

6(a)(1) of the Fair Labor Stand-21

ards Act of 1938 (29 U.S.C.

22

206(a)(1));

ineffectunder

section23‘‘(bb) the minimum wage

24

rate in effect for such employee

25

in the applicable State or locality,

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219
1whichever is greater, in which the2employee is employed; or3‘‘(cc) two thirds of an em-

4ployee’s regular rate of pay (as5determined under section 7(e) of

6

the Fair Labor Standards Act of71938 (29 U.S.C. 207(e)); and’’.

8

NOTICE

9

SEC. 20008.

10

Section 110(c) is amended by inserting ‘‘or sub-11 section (a)(2)(A)(iv)’’ after ‘‘for the purpose described in
12 subsection (a)(2)(A)(iii)’’.
13

CERTIFICATION

14

SEC. 20009.

15

Section 110 is amended by adding at the end the fol-

16 lowing:17‘‘(e) CERTIFICATION.—

18‘‘(1) IN GENERAL.—An employer may require

19that a request for leave under section 102(a)(1)(F)20

be supported by documentation described in para-

21

graph (2). An employer may not require such docu-

22

mentation before the date that is 3 weeks after the23

date on which the employee takes such leave.

24‘‘(2) SUFFICIENT

CERTIFICATION.—The

fol-

25

lowing documentation shall be sufficient certifi-

26

cation:

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2201‘‘(A) With respect to leave taken for the2

purposes described in clause (i) or (ii) of sub-3

section (a)(2)(A)—4‘‘(i) a recommendation or order from5

a public official having jurisdiction or a6

health care provider that the relevant indi-

7

vidual has symptoms of COVID–19 or

8should be quarantined; or9‘‘(ii) documentation or evidence that10

the relevant individual has been exposed to11

COVID–19.

12‘‘(B) With respect to leave taken for pur-13

poses described in clause (iii) or (iv) of such

14

subsection, notice of closure or unavailability

15

from the school, place of care, child care pro-16

vider, or direct care provider of the family

17

member.’’.

18

AMENDMENTS TO THE EMERGENCY FAMILY AND

19

MEDICAL LEAVE EXPANSION ACT

20

SEC. 20010.

21

The Emergency Family and Medical Leave Expan-

22 sion Act (Public Law 116–127) is amended—23(1) in section 3103(b), by striking ‘‘Employees’’

24

and

25

102(a)(1)(A) of the Family and Medical Leave Act26

of 1993 (29 U.S.C. 2612(a)(1)(A)), employees’’; andinserting,‘‘Notwithstanding

section

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221
1(2) by striking sections 3104 and 3105.

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222

DIVISION C—EMERGENCY PAIDSICK LEAVE ACT AMENDMENTS

1
2
3

SEC. 30001. REFERENCES.

4

Except as otherwise expressly provided, whenever in

5 this division an amendment or repeal is expressed in terms
6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a
8 section or other provision of division E of the Families
9 First Coronavirus Response Act (Public Law 116–127).
10

SEC. 30002. PAID SICK TIME REQUIREMENT.

11(a) USES.—Section 5102(a) is amended to read as

12 follows:13‘‘(a) IN GENERAL.—An employer shall provide to

14 each employee employed by the employer paid sick time
15 for any of the following uses:
16‘‘(1) To self-isolate because the employee is di-17

agnosed with COVID–19.

18‘‘(2) To obtain a medical diagnosis or care if

19such employee is experiencing the symptoms of

20

COVID–19.

21‘‘(3) To comply with a recommendation or

22order by a public official with jurisdiction or a23

health care provider on the basis that the physical24

presence of the employee on the job would jeopardize25

the health of others because of—

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223
1‘‘(A) the exposure of the employee to2

COVID–19; or

3‘‘(B) exhibition of symptoms of COVID–19

4

by the employee.

5‘‘(4) To care for or assist a family member of6

the employee—

7‘‘(A) who—8‘‘(i) is self-isolating because such fam-

9

ily member has been diagnosed with

10

COVID–19; or11‘‘(ii) is experiencing symptoms of

12

COVID–19 and needs to obtain medical di-

13

agnosis or care.

14‘‘(B) with respect to whom a public official

15with jurisdiction or a health care provider

16

makes a determination that the presence of the17

family member in the community would jeop-

18

ardize the health of other individuals in the19

community because of—20‘‘(i) the exposure of such family mem-21

ber to the COVID–19; or22‘‘(ii)

exhibitionof

symptomsof23

COVID–19 by such family member.

24‘‘(5) To care for the son or daughter of such

25

employee if the school or place of care has been

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224
1closed, or the child care provider of such son or2

daughter is unavailable, due to COVID–19.’’.

3(b) EMPLOYERS WITH EXISTING POLICIES.—Section

4 5102 by adding at the end the following:
5‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With

6 respect to an employer that provides paid leave on the day
7 before the date of enactment of this Act—
8‘‘(1) the paid sick time under this Act shall be

9made available to employees of the employer in addi-

10tion to such paid leave; and11‘‘(2) the employer may not change such paid

12

leave on or after such date of enactment to avoid

13

being subject to paragraph (1).’’.

14

SEC. 30003. PROHIBITED ACTS.

15

Section 5104(1) is amended by striking ‘‘and’’ at the

16 end and inserting ‘‘or’’.
17

SEC. 30004. SUNSET.

18

Section 5109 is amended by striking ‘‘December 31,

19 2020’’ and inserting ‘‘December 31, 2021’’.
20

SEC. 30005. DEFINITIONS.

21(a) EMPLOYEE.—Section 5110(1)(A)(i) is amended

22 by striking ‘‘ paragraph (5)(A)’’ and inserting ‘‘paragraph
23 (2)(A)’’;24(b) EMPLOYER.—Section 5110(2)(B) is amended—

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2251(1) by amending subclause (I) of clause (i) to

2read as follows:3‘‘(I) means any person engaged

4

in commerce or in any industry or ac-

5

tivity affecting commerce that employs

6

1 or more employees;’’; and7(2) by amending clause (ii) to read as follows:8‘‘(ii) PUBLIC AGENCY AND NON-PROF-

9

IT

10

clause (i)(I), a public agency and a non-11

profit organization shall be considered to

12

be a person engaged in commerce or in an

13

industry or activity affecting commerce.’’.

14

ORGANIZATIONS.—For

purposesof(c) FMLA TERMS.—Section 5110(4) is amended to

15 read as follows:16‘‘(4) FMLA TERMS.—The terms ‘health care

17

provider’, ‘next of kin’, ‘son or daughter’, and18‘spouse’ have the meanings given such terms in sec-

19

tion 101 of the Family and Medical Leave Act of

201993 (29 U.S.C. 2611).’’.

21(d) PAID SICK LEAVE.—Section 5110(5) is amend-

22 ed—
23(1) in subparagraph (A)—24

(A) in clause (i), by striking ‘‘section 2(a)’’25

and inserting ‘‘section 5102(a)’’; and

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2261(B) in clause (ii), by striking ‘‘exceed’’ and2

all that follows and inserting ‘‘exceed $511 per

3

day and $5,110 in the aggregate.’’;4(2) in subparagraph (B)—5(A) by striking the following:

6‘‘(B) REQUIRED COMPENSATION.—

7‘‘(i) IN

GENERAL.—Subject

to sub-8

paragraph (A)(ii),’’; and inserting the fol-9

lowing:10‘‘(B) REQUIRED COMPENSATION.—Subject

11

to subparagraph (A)(ii),’’; and

12(B) by striking clause (ii); and13(3) in subparagraph (C), by striking ‘‘ section

142(a)’’ and inserting ‘‘section 5102(a)’’.

15(a) ADDITIONAL DEFINITIONS.—Section 5110 is

16 amended by adding at the end the following:
17‘‘(6) DOMESTIC PARTNER.—

18‘‘(A) IN GENERAL.—The term ‘domestic

19

partner’, with respect to an individual, means

20

another individual with whom the individual is21

in a committed relationship.

22

‘‘(B)

23

FINED.—The24

means a relationship between 2 individuals,

25

each at least 18 years of age, in which each in-

COMMITTEDRELATIONSHIP

DE-

term ‘committed relationship’

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227
1

dividual is the other individual’s sole domestic

2

partner and both individuals share responsi-

3bility for a significant measure of each other’s

4common welfare. The term includes any such5

relationship between 2 individuals that is grant-

6

ed legal recognition by a State or political sub-7

division of a State as a marriage or analogous

8

relationship, including a civil union or domestic

9

partnership.

10‘‘(7) FAMILYMEMBER.—Theterm ‘family

11

member’, with respect to an employee, means any of

12

the following:

13‘‘(A) A parent of the employee.

14‘‘(B) A spouse of the employee.

15‘‘(C) A son or daughter of the employee.

16‘‘(D) A sibling of the employee;

17‘‘(E) A next of kin of the employee or a18

person for whom the employee is next of kin;

19‘‘(F) A grandparent or grandchild of the20

employee; or21‘‘(G) A domestic partner of the employee.

22‘‘(8) FFCRA TERMS.—The terms ‘child care

23

provider’ and ‘school’ have the meanings given such24

terms in section 110(a)(2) of the Family and Med-25

ical and Leave Act of 1993.

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2281‘‘(9) PARENT.—The term ‘parent’, with respect2

to an employee, means any of the following:

3‘‘(A) A biological, foster, or adoptive par-4

ent of the employee.

5‘‘(B) A stepparent of the employee.

6‘‘(C) A parent-in-law of the employee.

7‘‘(D) A parent of a domestic partner of the8

employee.

9‘‘(E) A legal guardian or other person who

10stood in loco parentis to an employee when the11

employee was a child.’’.

12

SEC. 30006. REGULATORY AUTHORITIES.

13(a) IN GENERAL.—Division E is amended by striking

14 section 5111.
15(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-

16 ulation issued under section 5111 of division E of the
17 Families First Coronavirus Response Act (Public Law
18 116–127), as in effect on the day before the date of the
19 enactment of this Act, shall have no force or effect.

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229

DIVISION D—COVID–19 WORK2ERS FIRST PROTECTION ACT
3
OF 20201

4SEC. 40001. SHORT TITLE.

5This division may be cited as the ‘‘COVID–19 Work-

6 ers First Protection Act of 2020’’.
7SEC. 40002. EMERGENCY TEMPORARY AND PERMANENT

8STANDARDS.

9(a) EMERGENCY TEMPORARY STANDARD.—

10(1) IN GENERAL.—In consideration of the grave

11

risk presented by COVID–19 and the need to12strengthen protections for employees, pursuant to13section 6(c)(1) of the Occupational Safety and

14

Health Act of 1970 (29 U.S.C. 655(c)(1)) and not-15

withstanding the provisions of law and the Executive

16

Order listed in paragraph (7), not later than 7 days

17

after the date of enactment of this Act, the Sec-18

retary of Labor shall, in consultation with the Direc-

19

tor of the Centers for Disease Control and Preven-20

tion, the Director of the National Institute for Occu-

21

pational Safety and Health, the Commissioner of the

22

Food and Drug Administration, and the persons de-23

scribed in paragraph (2), promulgate an emergency

24

temporary standard to protect from occupational ex-25

posure to SARS–CoV–2—

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2301(A) employees of health care sector em-

2ployers;3(B) employees of employers in the para-4

medic and emergency medical services, includ-5

ing such services provided by firefighters and6other emergency responders; and7(C) employees in other sectors and occupa-

8

tions whom the Centers for Disease Control and9Prevention or the Occupational Safety and

10

Health Administration identifies as having ele-

11

vated risk.

12(2) CONSULTATION.—In developing the stand-13

ard under this subsection, the Secretary shall con-14

sult with professional associations and representa-

15

tives of the employees in the occupations and sectors

16

described in subparagraphs (A) through (C) of para-

17

graph (1) and the employers of such employees.

18(3) ENFORCEMENT DISCRETION.—If the Sec-19

retary of Labor determines it is not feasible for an

20

employer to comply with a requirement of the stand-21

ard promulgated under this subsection (such as a22

shortage of the necessary personal protective equip-

23ment), the Secretary may exercise discretion in the24

enforcement of such requirement if the employer

25

demonstrates that the employer—

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2311(A) is exercising due diligence to come into2

compliance with such requirement; and3(B) is implementing alternative methods

4and measures to protect employees.

5(4)

EXTENSIONOFSTANDARD.—Notwith-6

standing paragraphs (2) and (3) of section 6(c) of7

the Occupational Safety and Health Act of 1970 (298

U.S.C. 655(c)), the emergency temporary standard

9

promulgated under this subsection shall be in effect10

until the date on which the final standard promul-

11

gated under subsection (b) is in effect.

12(5) STATE PLAN ADOPTION.—With respect to a

13

State with a State plan that has been approved by

14

the Secretary of Labor under section 18 of the Oc-

15

cupational Safety and Health Act of 1970 (2916

U.S.C. 667), not later than 14 days after the date17

of enactment of this Act, such State shall promul-

18

gate an emergency temporary standard that is at

19

least as effective in protecting from occupational ex-20

posure to SARS–CoV–2 the employees in the occu-

21

pations and sectors described in subparagraphs (A)22through (C) of paragraph (1) as the emergency tem-23

porary standard promulgated under this subsection.

24(6) EMPLOYER DEFINED.—For purposes of the25

standard promulgated under this subsection, the

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232
1term ‘‘employer’’ under section 3 of the Occupa-

2

tional Safety and Health Act of 1970 (29 U.S.C.

3652) includes any State or political subdivision of a4

State, except for those already subject to the juris-

5

diction of a State plan approved under Section 18(b)6of the Occupational Safety and Health Act of 1970.

7(7) INAPPLICABLE PROVISIONS OF LAW AND

8EXECUTIVE ORDER.—The requirements of chapter 6

9of title V, United States Code (commonly referred to10

as the ‘‘Regulatory Flexibility Act’’), subchapter I of

11

chapter 35 of title 44, United States Code (com-12

monly referred to as the ‘‘Paperwork Reduction

13

Act’’), and Executive Order 12866 (58 Fed. Reg.

14190; relating to regulatory planning and review), as

15

amended, shall not apply to the standard promul-

16

gated under this subsection.

17(b) PERMANENT STANDARD.—Not later than 24

18 months after the date of enactment of this Act, the Sec19 retary of Labor shall promulgate a final standard—
20(1) to protect employees from occupational ex-21

posure to infectious pathogens, including novel

22

pathogens; and23(2) that shall be effective and enforceable in the24same manner and to the same extent as a standard

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233
1

promulgated under section 6(b) of the Occupational

2

Safety and Health Act of 1970 (29 U.S.C. 655(b)).

3(c) REQUIREMENTS.—Each standard promulgated

4 under this section shall—
5(1) require the employers of the employees in6

the occupations and sectors described in subpara-

7

graphs (A) through (C) of subsection (a)(1) to de-8velop and implement a comprehensive infectious dis-9ease exposure control plan;10(2) provide no less protection for novel patho-

11

gens than precautions mandated by standards

12

adopted by a State plan that has been approved by

13

the Secretary of Labor under section 18 of the Oc-

14cupational Safety and Health Act of 1970 (29615

U.S.C. 667); and

16(3) incorporate, as appropriate—

17(A) guidelines issued by the Centers for

18

Disease Control and Prevention, and the Na-

19tional Institute for Occupational Safety and

20

Health, which are designed to prevent the21transmission of infectious agents in healthcare

22

settings; and23(B) relevant scientific research on novel

24

pathogens.

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234
1

SEC. 40003. SURVEILLANCE, TRACKING, AND INVESTIGA-

2

TION OF WORK-RELATED CASES OF COVID–19

3

AMONG HEALTH CARE WORKERS.

4The Director of the Centers for Disease Control and

5 Prevention, in conjunction with the Director of the Na6 tional Institute for Occupational Safety and Health,
7 shall—8(1) collect and analyze case reports and other9

data on COVID–19, to identify and evaluate the ex-

10tent, nature, and source of COVID–19 among em-

11ployees in the occupations and sectors described in

12

subparagraphs (A) through (C) of section 2(a)(1);13(2) investigate, as appropriate, individual cases

14of COVID–19 among such employees to evaluate the15source of exposure and adequacy of infection and ex-

16

posure control programs and measures;

17(3) provide regular periodic reports on COVID–

18

19 disease among such employees to the public; and19(4) based on such reports and investigations

20

make recommendations on needed actions or guid-21

ance to protect such employees from COVID–19.

DIVISION E—COVID–19 WORK23
FORCE
EMERGENCYRE24
SPONSE ACT OF 2020
22

25

SEC. 50001. SHORT TITLE.

26(a) SHORT TITLE.—This Act may be cited as the .

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235
1

SEC. 50002. DEFINITIONS.

2

In this Act:3(1) CORONAVIRUS.—The term ‘‘coronavirus’’

4means coronavirus as defined in section 506 of the5

Coronavirus Preparedness and Response Supple-

6

mental Appropriations Act, 2020 (Public Law 116–

7

123).

8

(2) COVID–19 NATIONAL EMERGENCY.—The

9

term ‘‘COVID–19 national emergency’’ means the10national emergency declared by the President under11

the National Emergencies Act (50 U.S.C. 1601 et

12seq.) on March 13, 2020, with respect to the13coronavirus.

14(3) SECRETARY.—The term ‘‘Secretary’’ means

15

the Secretary of Labor.

16(4) WIOA TERMS.—Except as otherwise pro-17

vided, the terms in this Act have the meanings given

18

the terms in section 3 of the Workforce Innovation

19

and Opportunity Act (29 U.S.C. 3102).

20

SEC. 50003. WORKFORCE RESPONSE ACTIVITIES.

21(a) IN GENERAL.—The purpose of this section is to

22 provide the increased flexibility needed for State and local
23 areas to provide continuity of services during the COVID–
24 19 national emergency.
25(b) ADMINISTRATIVE COSTS.—Notwithstanding sec-

26 tion 128(b)(4) of the Workforce Innovation and OpporL:\VA\032220\A032220.026.xml
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236
1 tunity Act (29 U.S.C. 3163(b)(4)), of the funds allocated
2 to a local area, including a single State local area, under3 subtitle B of title I of such Act (29 U.S.C. 3151 et seq.)
4 that remain unobligated for program year 2019, an
5 amount up to 20 percent may be used for the administra6 tive costs of carrying out local workforce investment activi7 ties under chapter 2 or chapter 3 of subtitle B of title
8 I of such Act (29 U.S.C. 3151 et seq.), as long as any
9 amount used under this subsection that exceeds the
10 amount authorized for administrative costs under section
11 128(b)(4)(A) of such Act (29 U.S.C. 3163(b)(4)) is used
12 to respond to the COVID–19 national emergency.
13(c) RAPID RESPONSE ACTIVITIES.—

14(1) STATEWIDE RAPID RESPONSE.—Of the re-15

served by a Governor under section 128(a) of the16

Workforce Innovation and Opportunity Act (2917

U.S.C. 3163(a)) for statewide activities that remain

18

unobligated for program year 2019, such funds may

19

be used for the statewide rapid response activities

20

described in section 134(a)(2)(A) of such Act (2921

U.S.C.

22

COVID–19 national emergency.

3174(a)(2)(A))

for

responding

to

the

23

(2) LOCAL BOARDS.—Of the funds reserved by24

a Governor under section 133(a)(2) of such Act (2925

U.S.C. 3173(a)(2)) that remain unobligated for pro-

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237
1

gram year 2019, such funds may be distributed by

2

the Governor not later than 30 days after the date3of enactment of this Act to local boards most im-

4pacted by the coronavirus, at the determination of

5

the Governor, for rapid response activities related to6

responding to the COVID–19 national emergency.

7SEC. 50004. NATIONAL DISLOCATED WORKER GRANTS.

8(a) IN GENERAL.—The Secretary shall award grants

9 under section 170 of the Workforce Innovation and Oppor10 tunity Act (29 U.S.C. 3225) for the purposes—
11(1) described subsections (b)(1) and (d) of such

12

section 170 related to the COVID–19 national emer-

13

gency; and

14(2) of responding to subsequent emergency or15disasters or mass layoffs as described in section

16

170(a)(1) of such Act.

17

(b)

18

SPONSE.—

19

COVID–19(1) INNATIONAL

GENERAL.—Of

EMERGENCY

RE-

funds made available

20

under this section, national dislocated worker grants

21

may be awarded by the Secretary as described in

22

section 170 of the Workforce Innovation and Oppor-

23

tunity Act (29 U.S.C. 3225) to respond to the24

COVID–19 national emergency.

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238
1(2) USESOFFUNDS.—Anygrant awarded2

under this section shall used for activities directly

3

supporting the response to the COVID–19 national4

emergency, and recovery efforts related to such5

emergency, which shall include the following:

6(A) TRAINING AND TEMPORARY EMPLOY-

7

MENT.—Training and temporary employment to8

respond to the COVID–19 national emergency,

9such as positions or assignments—

10(i) delivering medicine, food, or other11

supplies to older individuals, individuals

12with disabilities, and other individuals with

13

respiratory conditions and other chronic

14

medical disorders;

15(ii) helping set up quarantine areas

16

and providing assistance to quarantined in-17

dividuals, including transportation;

18(iii) organizing and coordinating re-19

covery, quarantine, or other related activi-

20

ties;

21

(iv) cleaning public buildings, public

22transportation facilities or equipment, or23

sanitizing quarantine or treatment areas

24

after their use, or other related cleanup or

25

sanitizing activities; and

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2391(v) in the sector directly responding to2

the COVID–19 national emergency such as

3

childcare, health care, public service, and4transportation.

5(B) LAYOFFRESPONSE.—Activities

re-6

sponding to layoffs of 50 or more individuals

7

laid off by one employer, or areas where there8

are significant layoffs that significantly increase

9

unemployment in a given community, such as in10

the hospitality, transportation, manufacturing,11

and retail industry sectors or occupations.

12(c) PRIORITY.—In awarding grants under this sec-

13 tion, the Secretary shall give priority to State or local
14 areas most impacted by the COVID–19 national emer15 gency as determined by the Secretary.
16(d) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry this section
18 $500,000,000 to be expended through fiscal year 2022.
19

SEC. 50005. STATE DISLOCATED WORKER GRANTS RE-

20

SPONDING TO THE COVID–19 EMERGENCY.

21(a) DISTRIBUTION OF FUNDS.—

22(1) STATES.—From the amounts appropriated23

under subsection (d), the Secretary shall make allot-

24

ments to States in accordance with section 132(b)(2)25of the Workforce Innovation and Opportunity Act.

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2401(2) LOCAL AREAS.—Not later than 30 days

2

after a State receives an allotment under paragraph3(1), the State shall allocate such funds to local areas4in accordance with section 133(b)(2)(B) of the5

Workforce Innovation and Opportunity Act.

6(b) REQUIRED USES.—Each State and local area

7 shall use the funds received under this section to engage
8 in the dislocated worker response activities described in
9 section 133(b)(2)(B) of the Workforce Innovation and Op10 portunity Act (29 U.S.C. 3173(b)(2)(B)) to support layoff
11 aversion and provide necessary supports to unemployed in12 dividuals and to employers facing layoffs due to the im13 pacts of the COVID–19 national emergency.
14(c) COVID–19 DISLOCATED WORKER EMERGENCY

15 RESPONSE.—The dislocated worker response activities
16 shall include the following:
17(1) RAPID RESPONSE ACTIVITIES.—The State,18

in coordination with impacted local areas, shall carry19

out rapid response activities as described in section

20

134(a)(2)(A) of the Workforce Innovation and Op-

21

portunity Act (29 U.S.C. 3174) to engage with em-

22ployers and employees where layoffs have occurred23

or are occurring as a result of the COVID–19 na-

24

tional emergency, such as short-time compensation

25

programs.

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2411(2) DISLOCATED WORKER ACTIVITIES.—Coordi-

2nating projects for individuals impacted by mass lay-3

offs as a result of the COVID–19 national emer-

4

gency, including activities targeted at immediate re-5

employment, career navigation services, supportive

6

services, provision of information on in-demand and7declining industries, access to digital literacy skills

8

training, and other layoff support or further layoff

9

aversion strategies through adult employment and10

training activities.

11(d) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out the activi13 ties described in this section $2,000,000,000 to be ex14 pended through the end of fiscal year 2022.
15

SEC. 50006. YOUTH WORKFORCE INVESTMENT ACTIVITIES16RESPONDING TO THE COVID–19 NATIONAL

17

EMERGENCY.

18(a) DISTRIBUTION OF FUNDS.—

19(1) STATES.—From the amounts appropriated20

under subsection (d), the Secretary shall make allot-

21

ments to States in accordance with section 127(b) of

22

the Workforce Innovation and Opportunity Act.

23(2) LOCAL AREAS.—Not later than 30 days

24

after a State receives an allotment under paragraph25(1), the State shall allocate such funds to local areas

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242
1

in accordance with section 128 of the Workforce In-

2novation and Opportunity Act.

3(b) USES OF FUNDS.—

4(1) IN GENERAL.—In using the funds received

5

under this section, each State and local area shall6prioritize providing summer and year-round employ-

7

ment for youth, especially for youth age 21 and8

under, who may be disproportionately impacted by

9diminished labor market opportunities for summer

10

jobs or year round employment due to the economic

11

impacts of the COVID–19 national emergency.

12(2) YOUTH WORKFORCE INVESTMENT ACTIVI-

13

TIES.—

14(A) SUMMEREMPLOYMENTOPPORTUNI-15

TIES FOR AT-RISK YOUTH.—Of

16

ceived under this section, not less than 50 per-17

cent of funds shall be used to support summer

18

youth employment for in-school and out-of-

19

school youth with a priority for out-of-school

20

youth and youth with multiple barriers to em-

21ployment, and shall include support for em-

22ployer partnerships for youth employment and23

subsidized youth employment.

the funds re-

24(B) OTHER ACTIVITIES.—Any amounts not

25

used to carry out the activities described in sub-

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243
1paragraph (A) shall be used by State and local

2

boards for purposes of—

3(i) supporting in-school and out-of-

4

school youth attach or reattach to edu-

5

cation and career pathways

6(ii) education and training activities

7

to support credential attainment;

8(iii) subsidized employment;

9(iv) work-readiness training and edu-

10

cational programs aligned to career path-

11

ways;

12

(v)(I) engage or establish industry or

13

sector partnerships to determine job needs

14

for youth employment; and15(II) conducting outreach to youth and16

employers;17(vi) coaching and mentoring services

18

for participating youth, including career

19

exploration, career counseling, career plan-20

ning, and college planning services for par-21

ticipating youth;

22(vii) coaching and mentoring services

23

for employers on how to successfully em-

24ploy each participating youth in meaning-25

ful work;

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244
1(viii) providing supportive services to2youth to enable participation in the pro-

3

gram, including follow-up services for not

4

less than 12 months after the completion5of participation, as appropriate;

6(ix) coordinating activities under this7

section with State and local education8

agencies around academic calendars in re-9sponse to the COVID–19 national emer-

10

gency; and11(x) the activities described in section

12

129(b) of the Workforce Innovation and13

Opportunity Act (29 U.S.C. 3164).

14(c) GENERAL PROVISIONS.—

15(1) LOCAL PLAN.—Activities carried out under

16

this section shall not conflict with the local plan sub-17

mitted by the local board under section 108 of the18

Workforce Innovation and Opportunity Act (2919

U.S.C. 3123), as determined by the Governor.

20(2) EMPLOYER SHARE OF WAGES.—Any funds

21

dedicated to youth placement in summer or year-

22

round employment under this section shall require23

not less than 25 percent of the wages of each eligible

24

youth participating in the program to be paid by the25

employer, except this requirement may be waived for

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245
1

not more than 10 percent of eligible youth partici-

2

pating in the program that have a barrier to employ-3ment, which may waived for employers facing finan-

4

cial hardship due to the COVID–19 national emer-

5

gency.

6(d) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out the activi8 ties described in this section $1,500,000,000 to be ex9 pended through the end of fiscal year 2022.
10

SEC. 50007. ADULT EMPLOYMENT AND TRAINING ACTIVI-11

TIES RESPONDING TO THE COVID–19 NA-

12TIONAL EMERGENCY.

13(a) DISTRIBUTION OF FUNDS.—

14(1) STATES.—From the amounts appropriated15

under subsection (d), the Secretary shall make allot-

16

ments to States in accordance with section 132(b)(1)17of the Workforce Innovation and Opportunity Act.

18(2) LOCAL AREAS.—Not later than 30 days

19

after a State receives an allotment under paragraph20(1), the State shall allocate such funds to local areas21

in accordance with section 128 of the Workforce In-

22

novation and Opportunity Act.

23(b) USES OF FUNDS.—

24(1) IN GENERAL.—Each State and local area

25

shall use the funds received under this section to en-

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246
1gage in adult employment and training activities as2

described in section 134 of the Workforce Innovation

3

and Opportunity Act (29 U.S.C. 3174) to provide

4

necessary supports to workers underemployed or5most at-risk of unemployment, and coordinate with

6

employers facing economic hardship or employment

7

challenges due to the economic impacts of the

8

COVID–19 national emergency.

9(2) COVID–19

10

TRAINING ACTIVITIES.—ADULT

EMPLOYMENT

AND

11

(A) PRIORITY.—In using funds received

12

under this section, a State and local area shall13

prioritize training and employment and layoff

14

aversion strategies and services for workers and15

employers facing economic hardships due to the16

COVID–19 national emergency, including sup-17

portive services and career planning by carrying

18

out the activities described in subparagraphs

19(B) and (C).

20

(B) SERVICES TO EMPLOYERS IMPACTED

21

BY THE COVID–19 NATIONAL EMERGENCY.—22

The activities described in this subparagraph23

are activities supporting employee retention

24

strategies for employers facing economic hard-

25

ship as a result of the COVID–19 national

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247
1emergency, such as on-the-job training, cus-2

tomized training, and incumbent worker train-3

ing, with funds used to reimburse employers for4

50 percent of wages while incumbent workers

5

are in training, and Short-Time Compensation

6

programs.

7(C) UNDEREMPLOYMENTANDEMPLOY-

8

MENT SUPPORTS.—The9

this subparagraph are activities supporting

10

strategies to provide support to workers facing

11

underemployment, individuals seeking work, or

12

who are adversely impacted by economic

13changes within their communities due to the

14

COVID–19 national emergency, including—activities described in

15(i) work-based learning opportunities

16

including internships, paid work experience

17

opportunities, transitional employment, or18

apprenticeships;

19(ii) career navigation supports to en-

20

able workers to find new potential path-21

ways to in-demand careers and the nec-

22

essary training to support those career

23

pathways;

24(iii) provision of virtual services and25

employment and training activities during

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248
1

the period of the COVID–19 national2

emergency; and3(iv) other services and activities as de-4

scribed under section 134 of the Workforce

5

Innovation

6

U.S.C. 3174).

7

and

Opportunity

Act

(29

(c) LOCAL PLAN.—Activities carried out under this8 section shall not conflict with the local plan submitted by
9 the local board under section 108 of the Workforce Inno10 vation and Opportunity Act (29 U.S.C. 3123), as deter11 mined by the Governor.
12(d) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to carry out this section
14 $1,000,000,000 to be expended through the end of fiscal
15 year 2022.
16

SEC. 50008. EMPLOYMENT SERVICE COVID–19 NATIONAL

17

EMERGENCY RESPONSE FUND.

18(a) IN GENERAL.—From the funds appropriated19 under subsection (c), the Secretary make allotments to
20 States in accordance with section 6 of the Wagner-Peyser
21 Act (29 U.S.C. 49e)22(b) USES OF FUNDS.—Funds under this section will

23 provide States additional supports for supporting employ24 ment service public employees in providing reemployment
25 services for unemployed and underemployed workers em-

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249
1 ployers impacted by the COVID–19 national emergency,
2 including those receiving unemployment insurance as a re3 sult of the emergency, providing for services such as reem4 ployment services, job search assistance, job matching
5 services based on experience of workers, and helping em6 ployers dealing with layoffs.
7(c) AUTHORIZATIONOFAPPROPRIATIONS.—There

8 are authorized to be appropriated to carry out the activi9 ties described in this section $50,000,000 to be expended
10 through the end of fiscal year 2022 and distributed as de11 scribed in.
12

SEC. 50009. GENERAL PROVISION.

13(a) SUPPLEMENT AND NOT SUPPLANT.—Any funds

14 made available for this Act shall supplement and not sup15 plant other State or local public funds expended for em16 ployment and training programs or other activities funded
17 under the Workforce Innovation and Opportunity Act (2918 U.S.C. 3164).
19(b) EVALUATIONS.—All activities carried out under

20 this Act shall be subject to—21(1) performance accountability as described in

22

section 116 of the Workforce Innovation and Oppor-

23

tunity Act (29 U.S.C. 3141); and24(2) rigorous evaluation of such program using25

research approaches appropriate to the level of de-

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250
1velopment and maturity of the program, including

2

random assignment or quasi-experimental impact

3

evaluations, implementation evaluations, pre-experi-4mental studies, and feasibility studies.

5(c) AUTHORIZATIONOFAPPROPRIATIONS.—There

6 are authorized to be appropriated such sums as necessary
7 for Program Administration and Departmental Manage8 ment of the Department of Labor to support the adminis9 tration of the funds for this Act.

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251

2

DIVISION F—FAMILY SUPPORTPROVISIONS

3

SEC. 60001. CONTINUED SAFE OPERATION OF CHILD WEL-

4

FARE PROGRAMS AND SUPPORT FOR OLDER

5

FOSTER YOUTH.

16(a) FUNDING INCREASES.—

7(1) GENERAL PROGRAM.—The dollar amount8

specified in section 477(h)(1) of the Social Security

9

Act

10

$185,900,000.

forfiscal

year

2020

is

deemedtobe11(2) EDUCATION AND TRAINING VOUCHERS.—

12

The dollar amount specified in section 477(h)(2) of

13such Act for fiscal year 2020 is deemed to be

14$78,000,000.

15(b) PROGRAMMATIC FLEXIBILITY.—With respect to

16 the period that begins on March 1, 2020, and ends with
17 the close of calendar year 2020:
18(1) ELIMINATION OF AGE LIMITATIONS ON ELI-

19

GIBILITY FOR ASSISTANCE.—Eligibility

20

or assistance under a State program operated pursu-

21

ant to section 477 of the Social Security Act shall22

be provided without regard to the age of the recipi-

23

ent.

for services

24(2) SUSPENSION OF WORK AND EDUCATION RE-

25

QUIREMENTS UNDER THE EDUCATION AND TRAIN-

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252
1

ING VOUCHER PROGRAM.—Section 477(i)(3) of the2

Social Security Act shall be applied and adminis-

3

tered without regard to any work or education re-4quirement.

5(3) AUTHORITY TO WAIVE LIMITATION ON PER-

6CENTAGE OF FUNDS USED FOR HOUSING ASSIST-

7

ANCE.—The Secretary of Health and Human Serv-

8ices (in this subsection referred to as the ‘‘Sec-9

retary’’) may apply and administer section 477 of

10

the Social Security Act without regard to subsection

11(b)(3)(B) of such section.

12(4) AUTHORITY TO WAIVE RULES CONFLICTING

13

WITH NEEDED ASSISTANCE AND SERVICES.—The

14

Secretary may waive any requirement imposed by or15

under part B or E of title IV of the Social Security

16

Act (including any limitation on the ability of con-17

tractors pursuant to such part B or E to apply for18

no-cost contract extensions) that the Secretary19

deems to be in conflict with using funds made avail-20

able pursuant to this section or other statutes for21

the provision of financial, education, work, housing,22

and other assistance and services needed in response23

to the public health emergency declared by the Sec-24

retary pursuant to section 319 of the Public Health

25

Service Act on January 31, 2020, entitled ‘‘Deter-

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253
1mination that a Public Health Emergency Exists

2

Nationwide as the Result of the 2019 Novel

3

Coronavirus’’.

4(5) AUTHORITY

OF STATES TO DETERMINE

5HOW DAILY ACTIVITIES MAY BE CONDUCTED RE-

6

MOTELY.—The Secretary may allow a State to de-7termine how daily activities under the State plan de-

8veloped under part B of title IV of the Social Secu-

9

rity Act and the State program funded under section

10477 of such Act may be conducted through elec-

11

tronic means to comply with public health guidelines

12

relating to social distancing, including conducting

13

any required court proceedings pertaining to chil-

14

dren in care. In making any such determination, the15State shall work to ensure that the safety and health

16

of each child in care remains paramount.

17(6) COUNTING OF REMOTE CASEWORKER VISITS

18

AS IN-PERSON VISITS.—In the case of a foster child19

who has attained 18 years of age and with respect

20

to whom foster care maintenance payments are21

being made under a State plan approved under part22

E of title IV of the Social Security Act, caseworker

23

contact with the child that includes visual and audi-

24

tory contact and which is conducted solely by elec-

25

tronic means is deemed an in-person visit to the

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254
1child by the caseworker for purposes of section

2424(f)(1)(A) of such Act if the child is visited by the3caseworker in person not less than once every 6

4months while in such care.

5(7) ELIMINATION OF EDUCATION AND EMPLOY-

6

MENT

7

YOUTH.—The Secretary may waive the applicability

8

of

9

475(8)(B)(iv) of the Social Security Act.

10(c) STATE DEFINED.—In subsection (a), the term

REQUIREMENTS

subclauses

(I)

FOR

through

CERTAIN(IV)of

FOSTER

section11 ‘‘State’’ has the meaning given the term in section
12 1101(a) of the Social Security Act for purposes of title
13 IV of the Social Security Act, and includes an Indian tribe,
14 tribal organization, or tribal consortium with an applica15 tion and plan approved under this section 477(j) of such
16 Act for fiscal year 2020.
17

SEC. 60002. ALLOWING HOME VISITING PROGRAMS TO CON-

18

TINUE SERVING FAMILIES SAFELY.

19(a) IN GENERAL.—For purposes of section 511 of the

20 Social Security Act, during the period that begins on Feb21 ruary 1, 2020, and ends with the close of calendar year
22 2020—23(1) a virtual home visit shall be considered a24home visit;

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255
1(2) funding for, and staffing levels of, a pro-

2gram conducted pursuant to such section shall not3

be reduced on account of reduced enrollment in the4

program; and5(3) funds provided for such a program may be

6

used—

7

(A) to train home visitors in conducting a8virtual home visit and in emergency prepared-

9

ness and response planning for families served;

10(B) for the acquisition by families enrolled

11

in the program of such technological means as

12

are needed to conduct and support a virtual

13

home visit; and14(C) to provide emergency supplies (such as

15

diapers, formula, non-perishable food, water,

16

hand soap and hand sanitizer) to families

17

served.

18(b) VIRTUAL HOME VISIT DEFINED.—In subsection

19 (a), the term ‘‘virtual home visit’’ means a visit that is
20 conducted solely by electronic means.
21(c) AUTHORITY TO DELAY DEADLINES.—

22(1) IN GENERAL.—The Secretary of Health and23

Human Services may extend the deadline by which24

a requirement of section 511 of the Social Security

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256
1

Act must be met, by such period of time as the Sec-2

retary deems appropriate.

3(2) GUIDANCE.—The Secretary shall provide to4

eligible entities funded under section 511 of the So-

5cial Security Act information on the parameters

6

used in extending a deadline under paragraph (1) of

7

this subsection.

8

SEC. 60003. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT9PROGRAMS.

10(a) IN GENERAL.—With respect to the period that

11 begins on March 1, 2020, and ends with the close of cal12 endar year 2021:
13(1) The Secretary of Health and Human Serv-

14

ices (in this subsection referred to as the ‘‘Sec-15

retary’’) may increase any percentage in effect for

16

purposes of section 455(a)(1) of the Social Security

17

Act to not more than 100 percent.

18(2) On application of an Indian tribe therefor,19

the Secretary may waive any matching funds re-20

quirement imposed on the tribe under section 455(f)21

of such Act.

22(3) Paragraphs (2) and (8) of section 409(a) of

23

such Act shall have no force or effect.

24(4) The Secretary may exempt a State from25

any requirement of section 466 of such Act.

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1(5) The Secretary may not impose a penalty or

2take any other adverse action against a State pursu-

3

ant to section 452(g)(1) of such Act for failure to4achieve a paternity establishment percentage of less5than 90 percent.

6(6) The Secretary may not find that the pater-

7

nity establishment percentage for a State is not

8

based on reliable data for purposes of section

9452(g)(1) of such Act, and the Secretary may not10determine that the data which a State submitted

11

pursuant to section 452(a)(4)(C)(i) of such Act and12which is used in determining a performance level is13

not complete or reliable for purposes of section

14458(b)(5)(B) of such Act, on the basis of the failure

15of the State to submit OCSE Form 396 or 34 in a

16

timely manner.

17(7) The Secretary may not impose a penalty or

18

take any other adverse action against a State for

19

failure to comply with section 454A(g)(1)(A)(i) of

20such Act.

21(8) The Secretary may not disapprove a State

22

plan submitted pursuant to part D of title IV of

23such Act for failure of the plan to meet the require-24

ment of section 454(1) of such Act, and may not im-25

pose a penalty or take any other adverse action

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258
1

against a State with such a plan that meets that re-2quirement for failure to comply with that require-

3

ment.

4

(9) To the extent that a preceding provision of

5

this section applies with respect to a provision of law

6

applicable to a program operated by an Indian tribe

7or tribal organization (as defined in subsections (e)8and (l) of section 4 of the Indian Self-Determination

9and Education Assistance Act (25 U.S.C. 450b)),

10that preceding provision shall apply with respect to

11

the Indian tribe or tribal organization.

12(b) STATE DEFINED.—In subsection (a), the term

13 ‘‘State’’ has the meaning given the term in section
14 1101(a) of the Social Security Act for purposes of title
15 IV of such Act.
16

SEC. 60004. EMERGENCY FLEXIBILITY FOR STATE TANF

17

PROGRAMS.

18(a) STATE PROGRAMS.—Sections 407 and 408(a)(7)19 of the Social Security Act shall have no force or effect
20 during the applicable period, and paragraphs (3), (9),21 (14), and (15) of section 409(a) of such Act shall not
22 apply with respect to conduct engaged in during the pe23 riod.
24(b) TRIBAL PROGRAMS.—The minimum work partici-

25 pation requirements and time limits established under sec-

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1 tion 412(c) of the Social Security Act shall have no force
2 or effect during the applicable period, and the penalties
3 established under such section shall not apply with respect
4 to conduct engaged in during the period.
5(c) PENALTY FOR NONCOMPLIANCE.—

6(1) IN GENERAL.—If the Secretary of Health7and Human Services finds that a State or an Indian

8

tribe has imposed a work requirement as a condition

9of receiving assistance, or a time limit on the provi-

10sion of assistance, under a program funded under11

part A of title IV of the Social Security Act or any

12

program funded with qualified State expenditures13(as defined in section 409(a)(7)(B)(i) of such Act)

14

during the applicable period, or has imposed a pen-

15

alty for failure to comply with a work requirement

16

during the period, the Secretary shall reduce the17

grant payable to the State under section 403(a)(1)18

of such Act or the grant payable to the tribe under19

section 412(a)(1) of such Act, as the case may be,20

for fiscal year 2021 by an amount equal to 5 percent

21of the State or tribal family assistance grant, as the22case may be.

23(2) APPLICABILITY OF CERTAIN PROVISIONS.—24

For purposes of subsections (c) and (d) of section

25

409 of the Social Security Act, paragraph (1) of this

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260
1subsection shall be considered to be included in sec-

2

tion 409(a) of such Act.

3(d) DEFINITIONS.—In this section:

4(1) APPLICABLE PERIOD.—The term ‘‘applica-5

ble period’’ means the period that begins on March

6

1, 2020, and ends with the close of calendar year

7

2020.

8

(2) WORK REQUIREMENT.—The term ‘‘work re-

9quirement’’ means a requirement to engage in a10

work activity (as defined in section 407(d) of the So-

11cial Security Act).

12(3) OTHER TERMS.—Each other term has the13

meaning given the term in section 419 of the Social

14

Security Act.

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261

4

DIVISION G—HEALTHPROVISIONSTITLE ll—CHILD CARE FOR
ESSENTIAL WORKERS

5

SEC. 7ll01. STATE FUNDING TO ENSURE THAT ESSENTIAL

1
2
3

6

WORKERS CAN ACCESS CHILD CARE.

7(a) INCREASE IN FUNDING.—

8(1) IN

GENERAL.—Theamount specified in

9subsection (c) of section 2003 of the Social Security

10

Act for purposes of subsections (a) and (b) of such

11

section is deemed to be $2,550,000,000 for fiscal

12

year 2020, of which $850,000,000 shall be obligated13

by States during calendar year 2020 in accordance14

with subsection (b) of this section.

15(2) APPROPRIATION.—Out of any money in the16

Treasury of the United States not otherwise appro-

17

priated, there are appropriated $850,000,000 for fis-18

cal year 2020 to carry out this section.

19(b) RULES GOVERNING USE

OFADDITIONAL

20 FUNDS.—
21(1) IN GENERAL.—Funds are used in accord-

22

ance with this subsection if—

23(A) the funds are used for—24(i) child care services for a child of an

25

essential worker; or

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2621(ii) daytime care services or other2

adult protective services for an individual

3

who—

4

(I) is a dependent, or a member

5of the household of, an essential work-6

er; and7(II) requires the services;

8(B) the funds are provided to reimburse an

9essential worker for the cost of obtaining the10services (including child care services obtained11

on or after the date the Secretary of Health12and Human Services declared a public health13

emergency pursuant to section 319 of the Pub-

14

lic Health Service Act on January 31, 2020, en-15

titled ‘‘Determination that a Public Health16

Emergency Exists Nationwide as the Result of17

the 2019 Novel Coronavirus’’), to a provider of18

child care services, or to establish a temporary

19

child care facility operated by a State or local

20

government;

21(C) eligibility for the funds or services, and22

the amount of funds or services provided, is not

23

conditioned on a means test;

24(D) the funds are used subject to the limi-

25

tations in section 2005 of the Social Security

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1Act, except that, for purposes of this subpara-

2graph—

3(i) paragraphs (3), (5), and (8) of sec-

4

tion 2005(a) of such Act shall not apply;

5

and

6

(ii)(I)thelimitationinsection7

2005(a)(7) of such Act shall not apply

8

with respect to any standard which the9State involved determines would impede10

the ability of the State to provide emer-

11

gency temporary care to a child, depend-

12

ent, or household member referred to in

13

subparagraph (A) of this paragraph; and14(II) if the State determines that such

15

a standard would be so impeding, the16State shall report the determination to the17

Secretary, separately from the annual re-18

port to the Secretary by the State;

19(E) the funds are used to supplement, not20

supplant, State general revenue funds for child21

care assistance;

22(F) the funds are not used for child care23

costs that are—24(i) covered by funds provided under25

the Child Care and Development Block

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1

Grant Act of 1990 or section 418 of the2

Social Security Act; or

3

(ii)

reimbursable

by

the

Federal4Emergency Management Agency; and5(G) the funds are used in consultation with6

the lead agency for administration of the Child

7

Care and Development Fund.

8(2) ESSENTIAL WORKER DEFINED.—In para-

9graph (1), the term ‘‘essential worker’’ means—

10(A) a health sector employee;

11(B) an emergency response worker;

12(C) a sanitation worker;

13(D) a worker at a business which a State

14

or local government official has determined

15

must remain open to serve the public during the16

emergency referred to in paragraph (1)(B); and17(E) any other worker who cannot telework,18

and whom the State deems to be essential dur-

19

ing the emergency referred to in paragraph

20(1)(B).

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265

DIVISION
H—EMERGENCY
2
CORONAVIRUS
PANDEMIC
3
UNEMPLOYMENT COMPENSA4TION ACT OF 2020
1

5SEC. 80001. SHORT TITLE.

6
7This division may be cited as the .
SEC. 80002. TABLE OF CONTENTS.

8

The table of contents for this division is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—FEDERAL BENEFIT ENHANCEMENTS
Sec. 101. Emergency increase in unemployment compensation benefits.
Sec. 102. Temporary financing of short-time compensation payments in Stateswith programs in law.
Sec. 103. Temporary financing of short-time compensation agreements.
Sec. 104. Emergency flexibility for short-time compensation.
Sec. 105. Grants for short-time compensation programs.
Sec. 106. Emergency extended benefit period for 2020.
TITLE II—EXPANDED ELIGIBILITY FOR UNEMPLOYMENTCOMPENSATION
Sec. 201. Pandemic Self-Employment and Job Entrant Compensation.
TITLE III—RELIEF FOR GOVERNMENTAL AND NONPROFIT
ENTITIES
Sec. 301. Emergency unemployment relief for governmental entities and nonprofit organizations.
TITLE IV—EMERGENCY ASSISTANCE FOR RAIL WORKERS
Sec. 401. Treatment of payments from the Railroad Unemployment Insurance
Account.
Sec. 402. Waiver of the 7-day waiting period for benefits under the Railroad
Unemployment Insurance Act.
Sec. 403. Enhanced benefits under the Railroad Unemployment Insurance Act.

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266

2

TITLE I—FEDERAL BENEFITENHANCEMENTS

3

SEC. 80101. EMERGENCY INCREASE IN UNEMPLOYMENT

1

4COMPENSATION BENEFITS.

5(a)

FEDERAL-STATEAGREEMENTS.—AnyState

6 which desires to do so may enter into and participate in
7 an agreement under this section with the Secretary of
8 Labor (hereinafter in this section referred to as the ‘‘Sec9 retary’’). Any State which is a party to an agreement
10 under this section may, upon providing 30 days’ written
11 notice to the Secretary, terminate such agreement.
12(b) PROVISIONS OF AGREEMENT.—

13(1) IN GENERAL.—Any agreement under this14

section shall provide the following:

15(A) FEDERAL PANDEMIC UNEMPLOYMENT16COMPENSATION.—The

17

State will make payments of regular compensa-

18

tion to individuals in amounts and to the extent

19that they would be determined if the State law

20of the State were applied, with respect to any

21

week for which the individual is (disregarding

22

this section) otherwise entitled under the State23

law to receive regular compensation, as if such

24

State law had been modified in a manner such

25

that the amount of regular compensation (in-State agency of the

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1cluding dependents’ allowances) payable for any

2week shall be equal to—

3(i) the amount determined under the4State law (before the application of this5

paragraph), plus

6(ii) an additional amount of $600 (in7this section referred to as ‘‘Federal Pan-8

demic Unemployment Compensation’’).

9(B)

FEDERAL

PANDEMICSHORT-TIME

10

COMPENSATION.—In

11

provides under the State law for the payment of

12

short-time compensation under a short-time

13

compensation program (as defined in section

143306(v) of the Internal Revenue Code of 1986),

15

the State agency of the State will make pay-

16

ments of compensation (as defined in subsection17(h) of such section) to employees participating18

in such program in amounts and to the extent

19that they would be determined under such pro-

20

gram if the State law of the State were applied,

21

with respect to any week for which the indi-

22

vidual is (disregarding this section) otherwise

23

eligible under the program under the State law

24

to receive such compensation, as if such State25

law had been modified in a manner such thatthe case of a State that

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268
1

the amount of compensation payable for any

2week shall be equal to the amount determined3

under the State law (before the application of

4

this paragraph) plus $300 (in this section re-5ferred to as ‘‘Federal Pandemic Short-Time

6

Compensation’’).

7(2) ALLOWABLE METHODS OF PAYMENT.—Any8

Federal Pandemic Unemployment Compensation or

9Federal Pandemic Short-Time Compensation pro-10

vided for in accordance with paragraph (1) shall be

11payable either—

12(A) as an amount which is paid at the13same time and in the same manner as any com-14

pensation otherwise payable for the week in-

15

volved; or

16(B) at the option of the State, by pay-17

ments which are made separately from, but on

18

the same weekly basis as, any compensation

19

otherwise payable.

20(c) NONREDUCTION RULE.—An agreement under

21 this section shall not apply (or shall cease to apply) with22 respect to a State upon a determination by the Secretary
23 that the method governing the computation of regular
24 compensation under the State law of that State has been
25 modified in a manner such that the maximum benefit enti-

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269
1 tlement and the average weekly benefit amount of regular
2 compensation (or short-time compensation in the case of
3 a State described in subsection (b)(1)(B)) which will be
4 payable during the period of the agreement (determined
5 disregarding any Federal Pandemic Unemployment Com6 pensation or Federal Pandemic Short-Time Compensa7 tion) will be less than the maximum benefit entitlement
8 and the average weekly benefit amount of regular com9 pensation (or short-time compensation) which would oth10 erwise have been payable during such period under the
11 State law, as in effect on January 1, 2020.
12(d) PAYMENTS TO STATES.—

13(1) IN GENERAL.—

14(A) FULL REIMBURSEMENT.—There shall15

be paid to each State which has entered into an

16

agreement under this section an amount equal17

to 100 percent of—18(i) the total amount of Federal Pan-19

demic Unemployment Compensation paid20

to individuals by the State pursuant to21such agreement;

22(ii) the total amount of Federal Pan-23

demic Short-Time Compensation paid to24

individuals by the State pursuant to such

25

agreement; and

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2701(iii) any additional administrative ex-2

penses incurred by the State by reason of

3such agreement (as determined by the Sec-4

retary).

5(B) TERMS OF PAYMENTS.—Sums payable6

to any State by reason of such State’s having

7

an agreement under this section shall be pay-8

able, either in advance or by way of reimburse-

9ment (as determined by the Secretary), in such10

amounts as the Secretary estimates the State

11

will be entitled to receive under this section for

12each calendar month, reduced or increased, as

13

the case may be, by any amount by which the14

Secretary finds that his estimates for any prior15

calendar month were greater or less than the16amounts which should have been paid to the17State. Such estimates may be made on the18basis of such statistical, sampling, or other19

method as may be agreed upon by the Secretary

20

and the State agency of the State involved.

21

(2)

CERTIFICATIONS.—The

Secretary

shall

22

from time to time certify to the Secretary of the23

Treasury for payment to each State the sums pay-24

able to such State under this section.

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271
1(3) APPROPRIATION.—There are appropriated2from the general fund of the Treasury, without fiscal

3

year limitation, such sums as may be necessary for4

purposes of this subsection.

5(e) APPLICABILITY.—

6(1) IN GENERAL.—An agreement entered into

7

under this section shall apply to weeks of unemploy-

8

ment—

9

(A) beginning on or after March 13, 2020;

10

and

11

(B) ending on or before January 1, 2021.

12(2) TRANSITION RULE FOR INDIVIDUALS RE-

13

MAINING ENTITLED TO REGULAR COMPENSATION AS

14

OF JUNE 30, 2021.—In

15who, as of the date specified in paragraph (1)(B),

16

has not yet exhausted all rights to regular com-17

pensation under the State law of a State with re-18

spect to a benefit year that began before such date19

(or short-time compensation in the case of a State20

described in subsection (b)(1)(B)), Federal Pan-21

demic Unemployment Compensation or Federal Pan-22

demic Short-Time Compensation (as the case may

23be) shall continue to be payable to such individual

24

for any week beginning on or after such date for25

which the individual is otherwise eligible for regular

the case of any individual

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML272
1compensation (or short-time compensation) with re-2spect to such benefit year.

3(3) TERMINATION.—Notwithstanding any other4

provision of this subsection, no Federal Pandemic

5

Unemployment Compensation or Federal Pandemic

6

Short-Time Compensation shall be payable for any

7week beginning after June 30, 2021.

8(f) FRAUD AND OVERPAYMENTS.—

9(1) IN GENERAL.—If an individual knowingly

10

has made, or caused to be made by another, a false

11

statement or representation of a material fact, or

12knowingly has failed, or caused another to fail, to13

disclose a material fact, and as a result of such false

14

statement or representation or of such nondisclosure

15

such individual has received an amount of Federal

16

Pandemic Unemployment Compensation or Federal

17

Pandemic Short-Time Compensation to which such18

individual was not entitled, such individual—

19(A) shall be ineligible for further Federal

20

Pandemic

21

Federal Pandemic Short-Time Compensation in22

accordance with the provisions of the applicable

23

State unemployment compensation law relating24

to fraud in connection with a claim for unem-

25

ployment compensation; andUnemployment

Compensation

or

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273
1(B) shall be subject to prosecution under2

section 1001 of title 18, United States Code.

3(2) REPAYMENT.—In the case of individuals

4

who have received amounts of Federal Pandemic

5

Unemployment Compensation or Federal Pandemic

6

Short-Time Compensation to which they were not7

entitled, the State shall require such individuals to

8

repay the amounts of such Federal Pandemic Unem-

9ployment Compensation or Federal Pandemic Short-

10Time Compensation to the State agency, except that11

the State agency may waive such repayment if it de-12

termines that—

13(A) the payment of such Federal Pandemic

14

Unemployment Compensation or Federal Pan-15

demic Short-Time Compensation was without

16

fault on the part of any such individual; and17(B) such repayment would be contrary to18equity and good conscience.

19(3) RECOVERY BY STATE AGENCY.—

20(A) IN GENERAL.—The State agency may

21

recover the amount to be repaid, or any part22

thereof, by deductions from any Federal Pan-23

demic Unemployment Compensation or Federal

24

Pandemic Short-Time Compensation payable to25such individual or from any unemployment

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1compensation payable to such individual under2

any State or Federal unemployment compensa-

3tion law administered by the State agency or4under any other State or Federal law adminis-

5

tered by the State agency which provides for6

the payment of any assistance or allowance with7

respect to any week of unemployment, during

8

the 3-year period after the date such individuals

9

received the payment of the Federal Pandemic

10

Unemployment Compensation or Federal Pan-11

demic Short-Time Compensation to which they12

were not entitled, in accordance with the same

13

procedures as apply to the recovery of overpay-

14

ments of regular unemployment benefits paid

15by the State.

16(B) OPPORTUNITY FOR HEARING.—No re-17

payment shall be required, and no deduction

18

shall be made, until a determination has been19

made, notice thereof and an opportunity for a20

fair hearing has been given to the individual,

21

and the determination has become final.

22(4) REVIEW.—Any determination by a State23

agency under this section shall be subject to review

24in the same manner and to the same extent as deter-

25

minations under the State unemployment compensa-

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275
1tion law, and only in that manner and to that ex-

2

tent.

3

(g) APPLICATION TO OTHER UNEMPLOYMENT BENE-

4

FITS.—

5(1) IN GENERAL.—Each agreement under this6

section shall include provisions to provide that the7

purposes of the preceding provisions of this section

8

shall be applied with respect to unemployment bene-

9fits described in subsection (i)(3) to the same extent

10

and in the same manner as if those benefits were11

regular compensation.

12(2) ELIGIBILITY AND TERMINATION RULES.—

13

Federal Pandemic Unemployment Compensation—

14(A) shall not be payable, pursuant to this15

subsection, with respect to any unemployment

16

benefits described in subsection (i)(3) for any

17week beginning on or after the date specified in18

subsection (e)(1)(B), except in the case of an

19

individual who was eligible to receive Federal

20

Pandemic Unemployment Compensation in con-21

nection with any regular compensation or any

22

unemployment benefits described in subsection

23(i)(3) for any period of unemployment ending

24

before such date; and

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276
1(B) shall in no event be payable for any

2week beginning after the date specified in sub-3

section (e)(3).

45(h) TREATMENT OF FEDERAL PANDEMIC UNEMPLOYMENTCOMPENSATIONANDFEDERAL PANDEMIC

6 SHORT-TIME COMPENSATION PAYMENTS.—
7(1) PAYMENT TO BE DISREGARDED FOR PUR-

8POSES OF ALL FEDERAL AND FEDERALLY ASSISTED

9PROGRAMS.—A

10

Compensation or Federal Pandemic Short-Time

11

Compensation payment shall not be regarded as in-

12

come and shall not be regarded as a resource for the13month of receipt and the following 9 months, for

14

purposes of determining the eligibility of the recipi-

15

ent (or the recipient’s spouse or family) for benefits

16

or assistance, or the amount or extent of benefits or17

assistance, under any Federal program or under any

18

State or local program financed in whole or in part19

with Federal funds.

20(i) DEFINITIONS.—For purposes of this section—Federal Pandemic Unemployment

21(1) the terms ‘‘compensation’’, ‘‘regular com-22

pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State agency’’,

23‘‘State law’’, and ‘‘week’’ have the respective mean-

24

ings given such terms under section 205 of the Fed-

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277
1eral-State Extended Unemployment Compensation

2

Act of 1970 (26 U.S.C. 3304 note);

3(2) the term ‘‘maximum benefit entitlement’’4means the amount of regular compensation payable5

to an individual with respect to the individual’s ben-6

efit year; and7(3) any reference to unemployment benefits de-8

scribed in this paragraph shall be considered to refer

9

to—

10

(A) extended compensation (as defined by

11section 205 of the Federal-State Extended Un-

12employment Compensation Act of 1970); and13(B) unemployment compensation (as de-14

fined by section 85(b) of the Internal Revenue

15

Code of 1986) provided under any program ad-

16

ministered by a State under an agreement with17

the Secretary.

18

SEC. 80102. TEMPORARY FINANCING OF SHORT-TIME COM-

19

PENSATION PAYMENTS IN STATES WITH PRO-20

GRAMS IN LAW.

21(a) PAYMENTS TO STATES.—

22(1) IN GENERAL.—Subject to paragraph (3),23

there shall be paid to a State an amount equal to24

100 percent of the amount of short-time compensa-

25

tion paid under a short-time compensation program

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278
1(as defined in section 3306(v) of the Internal Rev-

2

enue Code of 1986) under the provisions of the3

State law.

4(2) TERMS OF PAYMENTS.—Payments made to5a State under paragraph (1) shall be payable by way

6of reimbursement in such amounts as the Secretary7

estimates the State will be entitled to receive under

8

this section for each calendar month, reduced or in-9creased, as the case may be, by any amount by

10

which the Secretary finds that the Secretary’s esti-

11mates for any prior calendar month were greater or

12less than the amounts which should have been paid

13

to the State. Such estimates may be made on the

14basis of such statistical, sampling, or other method

15

as may be agreed upon by the Secretary and the16State agency of the State involved.

17(3) LIMITATIONS ON PAYMENTS.—

18(A) GENERALPAYMENT LIMITATIONS.—19

No payments shall be made to a State under

20

this section for short-time compensation paid to

21

an individual by the State during a benefit year22

in excess of 26 times the amount of regular

23

compensation

24

ances) under the State law payable to such in-25

dividual for a week of total unemployment.

(including

dependents’

allow-

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279
1(B) EMPLOYER

LIMITATIONS.—No

pay-

2

ments shall be made to a State under this sec-

3

tion for benefits paid to an individual by the4State under a short-time compensation program5

if such individual is employed by the partici-

6pating employer on a seasonal, temporary, or7intermittent basis.

8(b) APPLICABILITY.—Payments to a State under

9 subsection (a) shall be available for weeks of unemploy10 ment—
11(1) beginning on or after March 13, 2020; and

12(2) ending on or before December 31, 2020.

13(c) NEW PROGRAMS.—Subject to paragraphs (1)(B)

14 and (2) of subsection (b), if at any point after the date
15 of the enactment of this Act the State enacts a State law
16 providing for the payment of short-time compensation
17 under a short-time compensation program that meets the
18 definition of such a program under section 3306(v) of the
19 Internal Revenue Code of 1986, the State shall be eligible
20 for payments under this section after the effective date
21 of such enactment.
22(d) FUNDING AND CERTIFICATIONS.—

23(1) FUNDING.—There are appropriated, out of

24

moneys in the Treasury not otherwise appropriated,

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280
1such sums as may be necessary for purposes of car-2

rying out this section.

3(2)

CERTIFICATIONS.—The

Secretary

shall

4

from time to time certify to the Secretary of the5

Treasury for payment to each State the sums pay-6

able to such State under this section.

7(e) DEFINITIONS.—In this section:

8(1) SECRETARY.—The term ‘‘Secretary’’ means

9

the Secretary of Labor.

10(2) STATE; STATE AGENCY; STATE LAW.—The11

terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’12

have the meanings given those terms in section 205

13of the Federal-State Extended Unemployment Com-14

pensation Act of 1970 (26 U.S.C. 3304 note).

15(f) TECHNICAL CORRECTION TO DEFINITION.—Sec-

16 tion 3306(v)(6) of the Internal Revenue Code of 1986 (2617 U.S.C. 3306) is amended by striking ‘‘Workforce Invest18 ment Act of 1998’’ and inserting ‘‘Workforce Innovation
19 and Opportunity Act’’.
20

SEC. 80103. TEMPORARY FINANCING OF SHORT-TIME COM-

21

PENSATION AGREEMENTS.

22(a) FEDERAL-STATE AGREEMENTS.—

23(1) IN GENERAL.—Any State which desires to24

do so may enter into, and participate in, an agree-

25

ment under this section with the Secretary provided

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281
1that such State’s law does not provide for the pay-2

ment of short-time compensation under a short-time

3compensation

43306(v) of the Internal Revenue Code of 1986).

program(asdefinedinsection5(2) ABILITY TO TERMINATE.—Any State which6

is a party to an agreement under this section may,7

upon providing 30 days’ written notice to the Sec-8

retary, terminate such agreement.

9(b) PROVISIONS OF FEDERAL-STATE AGREEMENT.—

10(1) IN GENERAL.—Any agreement under this11

section shall provide that the State agency of the

12State will make payments of short-time compensa-

13

tion under a plan approved by the State. Such plan

14

shall provide that payments are made in accordance15

with the requirements under section 3306(v) of the

16

Internal Revenue Code of 1986.

17(2) LIMITATIONS ON PLANS.—

18(A) GENERAL PAYMENT LIMITATIONS.—A

19

short-time compensation plan approved by a20

State shall not permit the payment of short-

21

time compensation to an individual by the State22

during a benefit year in excess of 26 times the23amount of regular compensation (including de-24

pendents’ allowances) under the State law pay-

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282
1able to such individual for a week of total un-

2

employment.

3(B) EMPLOYER

LIMITATIONS.—A

short-

4

time compensation plan approved by a State

5

shall not provide payments to an individual if

6such individual is employed by the participating

7

employer on a seasonal, temporary, or intermit-

8

tent basis.

9(3) EMPLOYERPAYMENTOFCOSTS.—Any

10short-time compensation plan entered into by an em-

11ployer must provide that the employer will pay the

12State an amount equal to one-half of the amount of

13

short-time compensation paid under such plan. Such

14

amount shall be deposited in the State’s unemploy-

15

ment fund and shall not be used for purposes of cal-16

culating an employer’s contribution rate under sec-

17

tion 3303(a)(1) of the Internal Revenue Code of

18

1986.

19

(c) PAYMENTS TO STATES.—

20(1) IN GENERAL.—There shall be paid to each21

State with an agreement under this section an

22amount equal to—23(A) one-half of the amount of short-time

24compensation paid to individuals by the State

25

pursuant to such agreement; and

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1(B) any additional administrative expenses

2

incurred by the State by reason of such agree-3

ment (as determined by the Secretary).

4(2) TERMS OF PAYMENTS.—Payments made to5a State under paragraph (1) shall be payable by way

6of reimbursement in such amounts as the Secretary7

estimates the State will be entitled to receive under

8

this section for each calendar month, reduced or in-9creased, as the case may be, by any amount by

10

which the Secretary finds that the Secretary’s esti-

11mates for any prior calendar month were greater or

12less than the amounts which should have been paid

13

to the State. Such estimates may be made on the

14basis of such statistical, sampling, or other method

15

as may be agreed upon by the Secretary and the16State agency of the State involved.

17(3) FUNDING.—There are appropriated, out of

18

moneys in the Treasury not otherwise appropriated,

19

such sums as may be necessary for purposes of car-20

rying out this section.

21

(4)

CERTIFICATIONS.—The

Secretary

shall

22

from time to time certify to the Secretary of the23

Treasury for payment to each State the sums pay-24

able to such State under this section.

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2841(d) APPLICABILITY.—An agreement entered into

2 under this section shall apply to weeks of unemployment—
3(1) beginning on or after March 13, 2020; and4(2) ending on or before December 31, 2020.

5(e) SPECIAL RULE.—If a State has entered into an

6 agreement under this section and subsequently enacts a
7 State law providing for the payment of short-time com8 pensation under a short-time compensation program that
9 meets the definition of such a program under section
10 3306(v) of the Internal Revenue Code of 1986, the11 State—
12(1) shall not be eligible for payments under this13

section for weeks of unemployment beginning after14

the effective date of such State law; and15(2) subject to paragraphs (1)(B) and (2) of sec-

16

tion 2(b), shall be eligible to receive payments under17

section 2 after the effective date of such State law.

18(f) DEFINITIONS.—In this section:

19(1) SECRETARY.—The term ‘‘Secretary’’ means

20

the Secretary of Labor.

21(2) STATE; STATE AGENCY; STATE LAW.—The22

terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’23

have the meanings given those terms in section 205

24of the Federal-State Extended Unemployment Com-25

pensation Act of 1970 (26 U.S.C. 3304 note).

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285
1

SEC. 80104. EMERGENCY FLEXIBILITY FOR SHORT-TIME

2

COMPENSATION.

3

Notwithstanding any other law, if a State modifies

4 its unemployment compensation law and policies with re5 spect to availability for work and work search test require6 ments for short-time compensation on an emergency tem7 porary basis as needed to respond to the spread of
8 COVID–19, such modifications shall be disregarded for9 the purposes of applying section 303 of the Social Security
10 Act and section 3306(v)(5) of the Internal Revenue Code
11 of 1986 to such State law.
12

SEC. 80105. GRANTS FOR SHORT-TIME COMPENSATION

13PROGRAMS.

14(a) GRANTS.—

15(1) FOR IMPLEMENTATION OR IMPROVED AD-

16

MINISTRATION.—The17

to States that enact short-time compensation pro-18

grams (as defined in subsection (i)(2)) for the pur-19

pose of implementation or improved administration

20of such programs.

Secretary shall award grants

21(2) FOR PROMOTION AND ENROLLMENT.—The

22

Secretary shall award grants to States that are eligi-

23

ble and submit plans for a grant under paragraph24(1) for such States to promote and enroll employers

25

in short-time compensation programs (as so de-26

fined).

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286
1(3) ELIGIBILITY.—

2(A) IN GENERAL.—The Secretary shall de-3termine eligibility criteria for the grants under4

paragraphs (1) and (2).

5(B)

CLARIFICATION.—A

State

admin-

6

istering a short-time compensation program

7

that does not meet the definition of a short-

8

time compensation program under section

93306(v) of the Internal Revenue Code of 1986,10

and a State with an agreement under section 3,

11

shall not be eligible to receive a grant under

12

this section until such time as the State law of13

the State provides for payments under a short-

14

time compensation program that meets such

15

definition and such law.

16(b) AMOUNT OF GRANTS.—

17(1) IN GENERAL.—The maximum amount avail-18

able for making grants to a State under paragraphs

19(1) and (2) shall be equal to the amount obtained20

by multiplying $100,000,000 (less the amount used

21

by the Secretary under subsection (e)) by the same22

ratio as would apply under subsection (a)(2)(B) of

23

section 903 of the Social Security Act (42 U.S.C.

241103) for purposes of determining such State’s

25

share of any excess amount (as described in sub-

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287
1

section (a)(1) of such section) that would have been2

subject to transfer to State accounts, as of October3

1, 2019, under the provisions of subsection (a) of

4such section.

5(2)

AMOUNTAVAILABLEFOR

DIFFERENT

6

GRANTS.—Of the maximum incentive payment deter-

7

mined under paragraph (1) with respect to a8

State—

9(A) one-third shall be available for a grant10

under subsection (a)(1); and11(B) two-thirds shall be available for a

12

grant under subsection (a)(2).

13(c) GRANT APPLICATION AND DISBURSAL.—

14(1) APPLICATION.—Any State seeking a grant

15

under paragraph (1) or (2) of subsection (a) shall16

submit an application to the Secretary at such time,17

in such manner, and complete with such information18

as the Secretary may require. In no case may the19

Secretary award a grant under this section with re-20

spect to an application that is submitted after De-

21

cember 31, 2020.

22(2) NOTICE.—The Secretary shall, within 30

23

days after receiving a complete application, notify

24

the State agency of the State of the Secretary’s find-25

ings with respect to the requirements for a grant

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288
1

under paragraph (1) or (2) (or both) of subsection

2

(a).

3

(3) CERTIFICATION.—If the Secretary finds

4that the State law provisions meet the requirements

5

for a grant under subsection (a), the Secretary shall6

thereupon make a certification to that effect to the7

Secretary of the Treasury, together with a certifi-

8

cation as to the amount of the grant payment to be

9transferred to the State account in the Unemploy-

10

ment Trust Fund (as established in section 904(a)11of the Social Security Act (42 U.S.C. 1104(a))) pur-12

suant to that finding. The Secretary of the Treasury

13

shall make the appropriate transfer to the State ac-

14

count within 7 days after receiving such certifi-

15

cation.

16(4) REQUIREMENT.—No certification of compli-

17

ance with the requirements for a grant under para-

18

graph (1) or (2) of subsection (a) may be made with19

respect to any State whose—

20(A) State law is not otherwise eligible for21

certification under section 303 of the Social Se-

22

curity Act (42 U.S.C. 503) or approvable under23

section 3304 of the Internal Revenue Code of24

1986; or

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289
1(B) short-time compensation program is

2

subject to discontinuation or is not scheduled to3take effect within 12 months of the certifi-

4

cation.

5(d) USE OF FUNDS.—The amount of any grant

6 awarded under this section shall be used for the implemen7 tation of short-time compensation programs and the over8 all administration of such programs and the promotion
9 and enrollment efforts associated with such programs,
10 such as through—11(1) the creation or support of rapid response

12

teams to advise employers about alternatives to lay-

13

offs;

14

(2) the provision of education or assistance to15

employers to enable them to assess the feasibility of

16

participating in short-time compensation programs;

17

and

18

(3) the development or enhancement of systems

19

to automate—

20(A) the submission and approval of plans;

21

and

22

(B) the filing and approval of new and on-

23

going short-time compensation claims.

24(e) ADMINISTRATION.—The Secretary is authorized

25 to use 0.25 percent of the funds available under subsection

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290
1 (g) to provide for outreach and to share best practices with
2 respect to this section and short-time compensation pro3 grams.
4(f) RECOUPMENT.—The Secretary shall establish a

5 process under which the Secretary shall recoup the
6 amount of any grant awarded under paragraph (1) or (2)7 of subsection (a) if the Secretary determines that, during
8 the 5-year period beginning on the first date that any such
9 grant is awarded to the State, the State—
10(1) terminated the State’s short-time compensa-

11

tion program; or

12(2) failed to meet appropriate requirements

13with respect to such program (as established by the14

Secretary).

15(g) FUNDING.—There are appropriated for fiscal

16 year 2020, out of moneys in the Treasury not otherwise
17 appropriated, to the Secretary, $100,000,000 to carry out
18 this section, to remain available until December 31, 2020.
19(h) REPORTING.—The Secretary may establish re-

20 porting requirements for States receiving a grant under
21 this section in order to provide oversight of grant funds.
22(i) DEFINITIONS.—In this section:

23(1) SECRETARY.—The term ‘‘Secretary’’ means

24

the Secretary of Labor.

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1(2) SHORT-TIME COMPENSATION PROGRAM.—2

The term ‘‘short-time compensation program’’ has

3

the meaning given such term in section 3306(v) of

4

the Internal Revenue Code of 1986.

5(3) STATE; STATE AGENCY; STATE LAW.—The

6

terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’7

have the meanings given those terms in section 205

8of the Federal-State Extended Unemployment Com-9

pensation Act of 1970 (26 U.S.C. 3304 note).

10SEC. 80106. EMERGENCY EXTENDED BENEFIT PERIOD FOR

11

2020.

12

(a) IN GENERAL.—For purposes of section 203 of the

13 Federal-State Extended Unemployment Compensation Act
14 of 1970 (26 U.S.C. 3304 note), and notwithstanding any
15 other provision of such section, an emergency extended
16 benefit period shall be deemed to occur with respect to
17 each State as follows:18(1) in the case of a State with respect to which

19

an extended benefit period is not in effect (without

20

regard to this section) for the 1st week beginning

21

after the date of enactment of this Act, an emer-

22

gency extended benefit period is deemed to begin

23

with such week with respect to such State; and24(2) in the case of a State with respect to which

25

an extended benefit period is otherwise in effect

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292
1(without regard to this section) for such week, an

2emergency extended benefit period is deemed to3

begin with the week following the last week of such4extended benefit period.

5(b) SPECIAL RULE WITH RESPECT TO CERTAIN

6 STATES.—In the case of a State described in subsection
7 (a)(1) with respect to which an extended benefit period
8 would (but for this section) begin during an emergency
9 extended benefit period, such extended benefit period shall
10 begin with the week following the last week of such emer11 gency extended benefit period.
12(c) ADDITIONAL FUNDING FOR EXTENDED COM-

13

PENSATION ACCOUNTS.—In the case of a State described

14 in (a)(2) or (b), section 202(b)(1) the Federal-State Ex15 tended Unemployment Compensation Act of 1970 (26
16 U.S.C. 3304 note) shall be applied for weeks during an
17 emergency extended benefit period by substituting for
18 each of ‘‘50’’, ‘‘thirteen’’, and ‘‘thirty-nine’’ such higher
19 number as the State determines is necessary to account
20 for such emergency extended benefit period.
21(d) TREATMENT OF EMERGENCY EXTENDED BEN-

22

EFIT PERIOD UNDER FSEUCA.—The provisions of the

23 Federal-State Extended Unemployment Compensation Act
24 of 1970 (26 U.S.C. 3304 note) shall apply to a State with
25 respect to which an emergency extended benefit period is

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293
1 in effect in the same manner as such provisions apply to
2 a State with respect to which an extended benefit period
3 is in effect.

TITLE
II—EXPANDEDELIGI5
BILITY FOR UNEMPLOYMENT6COMPENSATION
47

SEC. 80201. PANDEMIC SELF-EMPLOYMENT AND JOB EN-

8

TRANT COMPENSATION.

9(a)

FEDERAL-STATEAGREEMENTS.—AnyState

10 which desires to do so may enter into and participate in
11 an agreement under this section with the Secretary of
12 Labor (hereinafter in this section referred to as the ‘‘Sec13 retary’’). Any State which is a party to an agreement
14 under this section may, upon providing 30 days’ written
15 notice to the Secretary, terminate such agreement.
16(b) PROVISIONS OF AGREEMENT.—

17(1) PANDEMIC

SELF-EMPLOYMENT AND JOB

18ENTRANT COMPENSATION.—Any19subsection (a) shall provide that the State agency of

20

the State will make payments on a weekly basis (in21this section referred to as ‘‘Pandemic Self-Employ-

22

ment and Job Entrant Compensation’’) to unem-

23

ployed individuals who—

agreement under24(A) have no rights to regular compensation

25

with respect to a week under the State law or

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294
1

any other State unemployment compensation

2

law or to compensation under any other Federal

3

law;

4

(B) are not receiving any State or private

5

paid leave (as defined in subsection (g)) with6

respect to such week; and7(C) attest that—8(i) the individual is not able or avail-9able to work due to COVID–19 with re-10spect to such week (as determined under11

paragraph (4)); and12(ii) but for COVID–19 (as determined13

under paragraph (4)), the individual would

14

be able and available to work during such

15

week.

16

(2) AMOUNT OF PANDEMIC SELF-EMPLOYMENT

17

AND JOB ENTRANT COMPENSATION.—

18(A) IN GENERAL.—Except as provided in

19

subparagraph (B), the amount of Pandemic

20

Self-Employment and Job Entrant Compensa-

21

tion payable to an individual for a week under22

an agreement under subsection (a) shall be

23

$300.

24

(B) HIGHER PAYMENT FOR CERTAIN INDI-

25

VIDUALS.—Notwithstanding

subparagraph (A),

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1

the amount of Pandemic Self-Employment and2

Job Entrant Compensation payable to an indi-

3

vidual for a week under an agreement under

4

subsection (a) shall be an amount equal to the5

sum of $600 plus 1⁄4 of the average weekly ben-6

efit amount of regular compensation paid to eli-

7gible individuals in the State as of January 1,

82020, but only in the case of an individual who

9attests (and furnishes such supporting docu-

10

mentation as the State agency may request)

11

that—

12

(i) the individual had net earnings

13

from self-employment (as defined in sec-

14

tion 1402(a) of the Internal Revenue Code15

of 1986) of not less than $2,500 during

16

the 6-month period ending on the date of17

enactment of this Act; or18(ii) the individual had a contract or19other offer of employment suspended or re-20

scinded due to COVID–19.

21(3) DURATION OF BENEFIT PAYMENTS.—An in-

22

dividual who becomes entitled to Pandemic Self-Em-

23

ployment and Job Entrant Compensation paid by a24

State under an agreement under subsection (a) shall25

receive such benefit for not more than 26 weeks.

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1(4) NOT ABLE OR AVAILABLE TO WORK DUE TO

2

COVID–19.—For purposes of this subsection, an indi-

3

vidual shall be considered to be not able or available

4

to work due to COVID–19 with respect to a week5

during any part of which the individual is not able

6

or available to work because—

7(A) the individual has a current diagnosis

8of COVID–19;

9(B) the individual is under quarantine (in-10

cluding self-imposed quarantine), at the instruc-11

tion of a health care provider, employer, or a

12

local, State, or Federal official, in order to pre-13

vent the spread of COVID–19;

14(C) the individual is unable to engage in

15

self-employment (in the case of an individual

16

described in paragraph (2)(B)(i)) or seek suit-17

able employment because of closings or restric-

18

tions on movement related to COVID–19;

19(D) the individual is engaged in caregiving

20(without compensation) for an individual who

21

has a current diagnosis of COVID–19 or is22

under quarantine as described in subparagraph23(B)); or

24(E) the individual is engaged in caregiving

25(without

compensation),

becauseofthe

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297
1

COVID–19-related closing of a school or other2

care facility or care program, for a child or3other individual unable to provide self-care.

4(5) COORDINATION WITH CERTAIN TAX CRED-

5

ITS.—Notwithstanding paragraph (1), no individual

6

may become entitled to Pandemic Self-Employment

7and Job Entrant Compensation under an agreement

8

under subsection (a) unless the individual makes an

9irrevocable election (at such time and in such man-10

ner as the Secretary of the Treasury may provide)11

to have sections 7002 and 7004 of the Families

12First Coronavirus Response Act not apply with re-13

spect to such individual. An individual who makes

14such an election shall not be treated as an individual

15

to whom a credit is allowable under such sections.

16(c) PAYMENTS TO STATES.—

17(1) IN GENERAL.—

18(A) FULL REIMBURSEMENT.—There shall19

be paid to each State which has entered into an

20

agreement under this section an amount equal21

to 100 percent of—22(i) the total amount of Pandemic Self-

23

Employment and Job Entrant Compensa-

24tion paid to individuals by the State pursu-

25

ant to such agreement; and

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2981(ii) any additional administrative ex-2

penses incurred by the State by reason of

3such agreement (as determined by the Sec-4

retary).

5(B) TERMS OF PAYMENTS.—Sums payable6

to any State by reason of such State’s having

7

an agreement under this section shall be pay-8

able, either in advance or by way of reimburse-

9ment (as determined by the Secretary), in such10

amounts as the Secretary estimates the State

11

will be entitled to receive under this section for

12each calendar month, reduced or increased, as

13

the case may be, by any amount by which the14

Secretary finds that his estimates for any prior15

calendar month were greater or less than the16amounts which should have been paid to the17State. Such estimates may be made on the18basis of such statistical, sampling, or other19

method as may be agreed upon by the Secretary

20

and the State agency of the State involved.

21(2) FUNDING.—

22(A) IN GENERAL.—Funds in the extended

23

unemployment compensation account (as estab-

24

lished by section 905(a) of the Social Security

25

Act (42 U.S.C. 1105(a)) of the Unemployment

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1

Trust Fund (as established by section 904(a) of

2such Act (42 U.S.C. 1104(a)) shall be used to3

make payments to States pursuant to para-

4graph (1).

5

(B)

TRANSFEROF

FUNDS.—Notwith-6

standing any other provision of law, the Sec-7

retary of the Treasury shall transfer from the8general fund of the Treasury (from funds not

9otherwise appropriated) to the extended unem-

10ployment compensation account such sums as

11

the Secretary of Labor estimates to be nec-

12

essary to make payments described in subpara-

13

graph (A). There are appropriated from the14

general fund of the Treasury, without fiscal

15

year limitation, the sums referred to in the pre-16

ceding sentence and such sums shall not be re-17

quired to be repaid.

18

(3)

CERTIFICATIONS.—The

Secretary

shall

19

from time to time certify to the Secretary of the20

Treasury for payment to each State the sums pay-21

able to such State under this section.

22(d) APPLICABILITY.—

23(1) IN GENERAL.—An agreement entered into

24

under this section shall apply with respect to25

weeks—

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3001(A) beginning on or after March 13, 2020;

2

and

3

(B) ending on or before January 1, 2021.

4(2) TRANSITION RULE FOR INDIVIDUALS RE-

5

MAINING ENTITLED TO PANDEMIC SELF-EMPLOY-

6

MENT AND JOB ENTRANT COMPENSATION AS OF

7

JANUARY 1, 2021.—In

8who, as of the date specified in paragraph (1)(B),9

has not yet exhausted all rights to Pandemic Self-

10

Employment and Job Entrant Compensation under11

the agreement under subsection (a), Pandemic Self-

12

Employment and Job Entrant Compensation shall13

continue to be payable to such individual for any

14

week beginning on or after such date for which the15

individual is otherwise eligible for such Pandemic

16

Self-Employment and Job Entrant Compensation.

the case of any individual

17(3) TERMINATION.—Notwithstanding any other18

provision of this subsection, no Pandemic Self-Em-

19

ployment and Job Entrant Compensation shall be

20

payable for any week beginning after June 30, 2021.

21(e) FRAUD AND OVERPAYMENTS.—

22(1) IN GENERAL.—If an individual knowingly

23

has made, or caused to be made by another, a false

24

statement or representation of a material fact, or25

knowingly has failed, or caused another to fail, to

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301
1disclose a material fact, and as a result of such false2

statement or representation or of such nondisclosure

3

such individual has received an amount of Pandemic

4

Self-Employment and Job Entrant Compensation to5which such individual was not entitled, such indi-

6

vidual—7(A) shall be ineligible for further Pandemic

8

Self-Employment and Job Entrant Compensa-

9tion in accordance with the provisions of the ap-

10

plicable State unemployment compensation law

11relating to fraud in connection with a claim for

12

unemployment compensation; and13(B) shall be subject to prosecution under14

section 1001 of title 18, United States Code.

15(2) REPAYMENT.—In the case of individuals

16

who have received amounts of Pandemic Self-Em-

17

ployment and Job Entrant Compensation to which

18

they were not entitled, the State shall require such

19

individuals to repay the amounts of such Pandemic

20

Self-Employment and Job Entrant Compensation to21

the State agency, except that the State agency may

22

waive such repayment if it determines that—

23(A) the payment of such Pandemic Self-

24

Employment and Job Entrant Compensation

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302
1

was without fault on the part of any such indi-2

vidual; and3(B) such repayment would be contrary to4equity and good conscience.

5(3) RECOVERY BY STATE AGENCY.—

6(A) IN GENERAL.—The State agency may

7

recover the amount to be repaid, or any part8

thereof, by deductions from any Pandemic Self-

9

Employment and Job Entrant Compensation

10

payable to such individual or from any unem-

11

ployment compensation payable to such indi-

12vidual under any State or Federal unemploy-

13

ment compensation law administered by the

14State agency or under any other State or Fed-15

eral law administered by the State agency

16

which provides for the payment of any assist-17

ance or allowance with respect to any week of

18

unemployment, during the 3-year period after

19

the date such individuals received the payment

20of the Pandemic Self-Employment and Job En-

21

trant Compensation to which they were not en-

22

titled, in accordance with the same procedures23

as apply to the recovery of overpayments of reg-24

ular unemployment benefits paid by the State.

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303
1(B) OPPORTUNITY FOR HEARING.—No re-2

payment shall be required, and no deduction

3

shall be made, until a determination has been

4

made, notice thereof and an opportunity for a5

fair hearing has been given to the individual,

6

and the determination has become final.

7(4) REVIEW.—Any determination by a State

8

agency under this section shall be subject to review

9in the same manner and to the same extent as deter-

10minations under the State unemployment compensa-

11

tion law, and only in that manner and to that ex-

12

tent.

13

(5)

14

FUND.—Any

15

pursuant to this subsection shall be deposited in the16

account of such State in the Unemployment Trust

17

Fund.

18

(f) TREATMENT OF PANDEMIC SELF-EMPLOYMENT19

DEPOSITIN

STATE

UNEMPLOYMENT

amount recovered by a State agency

AND JOB ENTRANT COMPENSATION PAYMENTS.—

20(1) PAYMENT TO BE DISREGARDED FOR PUR-

21

POSES OF ALL FEDERAL AND FEDERALLY ASSISTED

22

PROGRAMS.—A Pandemic Self-Employment and Job

23

Entrant Compensation payment shall not be re-24

garded as income and shall not be regarded as a re-25

source for the month of receipt and the following 9

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304
1months, for purposes of determining the eligibility of2

the recipient (or the recipient’s spouse or family) for3

benefits or assistance, or the amount or extent of4

benefits or assistance, under any Federal program

5

or under any State or local program financed in6

whole or in part with Federal funds.

7(2) PAYMENT NOT CONSIDERED INCOME FOR

8

PURPOSES OF TAXATION.—A

9ployment and Job Entrant Compensation payment

10

shall not be considered as gross income for purposes

11of the Internal Revenue Code of 1986.

12(g) DEFINITIONS.—For purposes of this section—

Pandemic Self-Em-

13(1) the terms ‘‘compensation’’ (except as such

14

term is used in subsection (b)(4)), ‘‘regular com-15

pensation’’, ‘‘State’’, ‘‘State agency’’, and ‘‘State

16

law’’ have the respective meanings given such terms

17

under section 205 of the Federal-State Extended

18

Unemployment Compensation Act of 1970 (2619

U.S.C. 3304 note); and20(2) the term ‘‘State or private paid leave’’21

means a benefit which provides full or partial wage

22

replacement to employees on the basis of specifically23

defined qualifying events described in section 102 of

24

the Family and Medical Leave Act of 1993 or de-25

fined by a written employer policy or State law and

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305
1which ends either when the qualifying event is no2

longer applicable or a set period of benefits is ex-

3hausted.

TITLE III—RELIEF FOR GOVERN5MENTAL AND NONPROFIT EN6
TITIES
4

7

SEC. 80301. EMERGENCY UNEMPLOYMENT RELIEF FOR

8GOVERNMENTAL ENTITIES AND NONPROFIT

9

ORGANIZATIONS.

10(a) FLEXIBILITY IN PAYING REIMBURSEMENT.—The11 Secretary of Labor may issue clarifying guidance to allow
12 States to interpret their State unemployment compensa13 tion laws in a manner that would provide maximum flexi14 bility to reimbursing employers as it relates to timely pay15 ment and assessment of penalties and interest pursuant
16 to such State laws.
17(b) FEDERAL FUNDING.—Section 903 of the Social

18 Security Act (42 U.S.C. 1103) is amended by adding at
19 the end the following:
20‘‘Transfers for Federal Reimbursement of State

21

Unemployment Funds

22‘‘(j)(1)(A) In addition to any other amounts, the Sec-

23 retary of Labor shall provide for the transfer of funds dur24 ing the applicable period to the accounts of the States in
25 the Unemployment Trust Fund, by transfer from amounts

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306
1 reserved for that purpose in the Federal unemployment
2 account, in accordance with the succeeding provisions of
3 this subsection.
4‘‘(B) The amount of funds transferred to the account

5 of a State under subparagraph (A) during the applicable
6 period shall, as determined by the Secretary of Labor, be
7 equal to one half of the amounts of compensation (as de8 fined in section 3306(h) of the Internal Revenue Code of
9 1986) attributable under the State law to service to which
10 section 3309(a)(1) of such Code applies that were paid
11 by the State for weeks of unemployment beginning and
12 ending during such period. Such transfers shall be made13 at such times as the Secretary of Labor considers appro14 priate.
15‘‘(C) Notwithstanding any other law, funds trans-

16 ferred to the account of a State under subparagraph (A)17 shall be used exclusively to reimburse governmental enti18 ties

and

other

organizations

described

insection

19 3309(a)(2) of such Code for amounts paid (in lieu of con20 tributions) into the State unemployment fund pursuant to
21 such section.
22‘‘(D) For purposes of this paragraph, the term ‘appli-

23 cable period’ means the period beginning on March 13,
24 2020, and ending on December 31, 2020.

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3071‘‘(2)(A) Notwithstanding any other provision of law,

2 the Secretary of the Treasury shall transfer from the gen3 eral fund of the Treasury (from funds not otherwise ap4 propriated) to the employment security administration ac5 count (as established by section 901 of the Social Security
6 Act) such sums as the Secretary of Labor estimates to
7 be necessary for purposes of making the transfers de8 scribed in paragraph (1).
9‘‘(B) There are appropriated from the general fund

10 of the Treasury, without fiscal year limitation, the sums
11 referred to in subparagraph (A) and such sums shall not
12 be required to be repaid.’’.
13(c) OPERATING INSTRUCTIONS OR OTHER GUID-

14

ANCE.—The Secretary of Labor may issue any operating

15 instructions or other guidance necessary to carry out the
16 amendments made by this section.

TITLE IV—EMERGENCY ASSIST18
ANCE FOR RAIL WORKERS
17

19

SEC. 80401. WAIVER OF THE 7-DAY WAITING PERIOD FOR

20

BENEFITS21

PLOYMENT INSURANCE ACT.

22

UNDER

THE

RAILROAD

UNEM-(a) NO WAITING WEEK.—With respect to any reg-

23 istration period beginning after the date of enactment of
24 this Act and ending on or before December 31, 2020, sub25 paragraphs (A)(ii) and (B)(ii) of section 2(a)(1) of the

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1 Railroad Unemployment Insurance Act (45 U.S.C.
2 352(a)(1)) shall not apply.
3(b) REGULATIONS.—The Railroad Retirement Board

4 may prescribe any operating instructions or regulations
5 necessary to carry out this section.
6(c) DEFINITIONS.—For purposes of this section,

7 ‘‘registration period’’ has the meaning given such term
8 under section 1 of the Railroad Unemployment Insurance
9 Act.
10

SEC. 80402. ENHANCED BENEFITS UNDER THE RAILROAD

11

UNEMPLOYMENT INSURANCE ACT.

12

Section 2(a) of the Railroad Unemployment Insur-

13 ance Act (45 U.S.C. § 352(a)) is amended by adding at
14 the end the following:
15‘‘(5)(A) Notwithstanding paragraph (3), subsection

16 (c)(1)(B), and any other limitation on total benefits in this17 Act, for registration periods beginning on or after April
18 1, 2020, but on or before December 31, 2020, a recovery
19 benefit in the amount of $1,200 shall be payable to a
20 qualified employee with respect to any registration period
21 in which the employee received unemployment benefits
22 under paragraph (1)(A), and in any registration period in
23 which the employee did not receive unemployment benefits
24 due to the limitation in subsection (c)(1)(B) or due to25 reaching the maximum number of days of benefits in the

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1 benefit year beginning July 1, 2019, under subsection
2 (c)(1)(A), and throughout any continuing period of unem3 ployment beginning on or before December 31, 2020, ex4 cept that no benefit under this section shall be payable
5 after June 30, 2021. No recovery benefits shall be payable
6 under this section upon the exhaustion of the funds appro7 priated under subparagraph (B) for payment of benefits
8 under this subparagraph.
9‘‘(B) Out of any funds in the Treasury not otherwise

10 appropriated, there are appropriated $950,000,000 to
11 cover the cost of recovery benefits provided under subpara12 graph (A), to remain available until expended.’’.
13

SEC. 80403. EXTENDED UNEMPLOYMENT BENEFITS UNDER

14

THE RAILROAD UNEMPLOYMENT INSURANCE

15

ACT.

16

(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail-17 roadUnemployment

Insurance

Act

(45

U.S.C.

18 352(c)(2)(D)(iii)) is amended—
19(1) by striking ‘‘July 1, 2008’’ and inserting

20‘‘July 1, 2019’’;21(2) by striking ‘‘June 30, 2013’’ and inserting

22‘‘June 30, 2020’’; and23(3) by striking ‘‘December 31, 2013’’ and in-24

serting ‘‘December 31, 2020’’.

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310
1

(b)

CLARIFICATIONONAUTHORITYTO

USE

2 FUNDS.—Funds appropriated under either the first or
3 second sentence of clause (iv) of section 2(c)(2)(D) of the
4 Railroad Unemployment Insurance Act shall be available
5 to cover the cost of additional extended unemployment
6 benefits provided under such section 2(c)(2)(D) by reason
7 of the amendments made by subsection (a) as well as to
8 cover the cost of such benefits provided under such section
9 2(c)(2)(D) as in effect on the day before the date of enact10 ment of this Act.
11

SEC. 80404. TREATMENT OF PAYMENTS FROM THE RAIL-

12

ROAD

13

COUNT.

14

UNEMPLOYMENTINSURANCEAC-(a) IN GENERAL.—Section 256(i)(1) of the Balanced

15 Budget and Emergency Deficit Control Act of 1985 (216 U.S.C. 906(i)(1)) is amended—17(1) in subparagraph (B), by striking ‘‘and’’ at18

the end;19(2) in subparagraph (C), by inserting ‘‘and’’ at20

the end; and21(3) by inserting after subparagraph (C) the fol-22

lowing new subparagraph:23‘‘(D) any payment made from the Railroad Un-

24

employment Insurance Account (established by sec-

25

tion 10 of the Railroad Unemployment Insurance

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1Act) for the purpose of carrying out the Railroad

2

Unemployment Insurance Act, and funds appro-3

priated or transferred to or otherwise deposited in

4such Account,’’.

5(b) EFFECTIVE DATE.—The treatment of payments

6 made from the Railroad Unemployment Insurance Ac7 count pursuant to the amendment made by subsection (a)8 shall take effect 7 days after the date of enactment of this
9 Act and shall apply only to obligations incurred on or after
10 such effective date for such payments.

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312

DIVISION I—FINANCIALSERVICES

1
2
3

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

4(a) SHORT TITLE.—This division may be cited as the

5 ‘‘Financial Protections and Assistance for America’s Con6 sumers, States, Businesses, and Vulnerable Populations
7 Act’’.
8(b) TABLE OF CONTENTS.—The table of contents for

9 this division is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to this division.
Sec. 3. Severability.
TITLE I—PROTECTING CONSUMERS, RENTERS, HOMEOWNERS
AND PEOPLE EXPERIENCING HOMELESSNESS
Sec. 101. Direct stimulus payments for families.
Sec. 102. Suspension of requirements regarding tenant contribution toward
rent.
Sec. 103. Temporary moratorium on eviction filings.
Sec. 104. Suspension of other consumer loan payments.
Sec. 105. Emergency rental assistance.
Sec. 106. Emergency homeless assistance.
Sec. 107. Participation of Indian Tribes and tribally designated housing entities
in Continuum of Care Program.
Sec. 108. Housing Assistance Fund.
Sec. 109. Mortgage forbearance.
Sec. 110. Bankruptcy protections.
Sec. 111. Debt collection.
Sec. 112. Disaster Protection for Workers’ Credit.
Sec. 113. Student loans.
Sec. 114. Waiver of in-person appraisal requirements.
Sec. 115. Supplemental funding for community development block grants.
Sec. 116. COVID–19 Emergency Housing Relief.
Sec. 117. Supplemental funding for service coordinators to assist elderly households.
Sec. 118. Fair housing.
Sec. 119. Continuation of FHA–FFB affordable rental housing financing partnership.
Sec. 120. HUD counseling program authorization.
Sec. 121. Defense Production Act of 1950.
TITLE II—ASSISTING SMALL BUSINESSES AND COMMUNITYFINANCIAL INSTITUTIONS

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313
Sec. 201. Small Business Credit Facility.
Sec. 202. Small Business Financial Assistance Program.
Sec. 203. Suspension of small business and non-profit loan payments.
Sec. 204. Reauthorization of the State Small Business Credit Initiative Act of
2010.
Sec. 205. Funding of the Initiative to Build Growth Equity Funds for Minority
Businesses.
Sec. 206. Community Development Financial Institutions Fund supplemental
appropriation authorization.
Sec. 207. Minority depository institution.
Sec. 208. Loans to MDIs and CDFIs.
Sec. 209. Insurance of transaction accounts.
TITLE III—SUPPORTING STATE, TERRITORY, AND LOCALGOVERNMENTS
Sec. 301. Muni Facility.
Sec. 302. Temporary waiver and reprogramming authority.
TITLE IV—PROMOTING FINANCIAL STABILITY AND
TRANSPARENT MARKETS
Sec. 401. Temporary halt to rulemakings unrelated to COVID–19.
Sec. 402. Temporary ban on stock buybacks.
Sec. 403. Disclosures related to supply chain disruption risk.
Sec. 404. Disclosures related to global pandemic risk.
Sec. 405. Oversight of Federal aid related to COVID–19.
Sec. 406. International financial institutions.
Sec. 407. Conditions on Federal aid to corporations.
Sec. 408. Authority for warrants and debt instruments.
Sec. 409. Authorization to participate in the New Arrangements to Borrow of
the International Monetary Fund.
Sec. 410. Emergency relief through loans and loan guarantees.
Sec. 411. Limitation on certain employee compensation.
Sec. 412. International Finance Corporation.
Sec. 413. Oversight and Reports.
Sec. 414. Technical corrections.
Sec. 415. Definitions.
Sec. 416. Rule of construction.
TITLE V—INVESTING IN A SUSTAINABLE RECOVERYSec. 501. Housing is infrastructure.
Sec. 502. Improving Corporate Governance Through Diversity.
Sec. 503. Diverse Investment Advisers.
Sec. 504. Financial Literacy Education Commission Emergency Response.
Sec. 505. Interagency Pandemic Guidance for Consumers.
Sec. 506. SEC Pandemic Guidance for Investors.
Sec. 507. Updates of the Pandemic Influenza Plan and National Planning
Frameworks.

1

SEC. 2. REFERENCES TO THIS DIVISION.

2

In this division, any reference to ‘‘this Act’’ shall be

3 deemed a reference to this division.
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314
1

SEC. 3. SEVERABILITY.

2

If any provision of this Act or the application of such

3 provision to any person or circumstance is held to be un4 constitutional, the remainder of this Act, and the applica5 tion of the provisions of this Act, to any person or cir6 cumstance shall not be affected thereby.

TITLE
I—PROTECTINGCON8SUMERS, RENTERS, HOME9OWNERS AND PEOPLE EXPE10
RIENCING HOMELESSNESS
7

11

øSEC. 101. DIRECT STIMULUS PAYMENTS FOR FAMILIES.

ø(a) DEFINITIONS.—In this section:¿12ø(1) DIGITAL DOLLAR.—The term ‘‘digital dol-

13
14

lar’’ shall mean—¿

15

ø(A) a balance expressed as a dollar value

16

consisting of digital ledger entries that are re-17

corded as liabilities in the accounts of any Fed-18

eral reserve bank; or¿19

ø(B) an electronic unit of value, redeem-

20

able by an eligible financial institution (as de-21

termined by the Board of Governors of the Fed-22

eral Reserve System).¿23

ø(2) DIGITALDOLLAR

WALLET.—The

term

24

‘‘digital dollar wallet’’ shall mean a digital wallet or

25

account, maintained by a Federal reserve bank on

26behalf of any person, that represents holdings in an

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1electronic device or service that is used to store dig-2

ital dollars that may be tied to a digital or physical3

identity.¿
ø(3) MEMBER

4

BANK.—The

term ‘‘member

5bank’’ means a member bank of the Board of Gov-

6

ernors of the Federal Reserve System.¿ø(4) PASS-THROUGH

7

DIGITALDOLLAR

WAL-

8

LET.—The term ‘‘pass-through digital dollar wallet’’9means a digital wallet or account, maintained by a10

member bank on behalf of a qualified individual,

11

where such qualified individual is entitled to a pro

12

rata share of a pooled reserve balance that the mem-13

ber bank maintains at any Federal reserve bank.¿

14

ø(5) QUALIFIED INDIVIDUAL DEFINED.—The

15

term ‘‘qualified individual’’ means any individual

16

other than any nonresident alien individual.¿

17

ø(b) EMERGENCY STIMULUS CHECK IMPLEMENTA-

18

TION.—¿

19

ø(1) PAYMENTS.—The Secretary of the Treas-

20

ury, acting through the Commissioner of the Inter-21

nal Revenue Service, shall make monthly emergency

22

payments to qualified individuals beginning on the23

first day of the first month beginning after the date24of the enactment of this Act and ending on the later

25

of—¿

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316
1

ø(A) the date of the termination by the2Federal Emergency Management Agency of the3

emergency declared on March 13, 2020, by the4

President under section 501(b) of the Robert T.

5

Stafford Disaster Relief and Emergency Assist-

6ance Act with respect to the COVID–19 pan-7

demic; and¿ø(B) the date on which—¿

89

ø(i) the national unemployment rate10

(as determined by the Bureau of Labor

11

Statistics) is within 2 percentage points of12

the national unemployment rate on the13date of enactment of this Act; and¿14

ø(ii) the 3-month average of the na-

15tional unemployment rate has declined for16

two consecutive months.¿17

ø(2) AMOUNT OF PAYMENTS.—
ø(A) IN

18

GENERAL.—With

respect to a19

qualified individual, the amount of each month-20

ly payment under paragraph (1) shall be as fol-21

lows:¿
ø(i) For a qualified individual age 18

22
23

or older, $2,000.¿
ø(ii) For a qualified individual under24
25

age 18, $1,000.¿

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317
1

ø(B) INCOME LIMITATION.—The amount2

of a payment under subparagraph (A) shall be

3

reduced (but not below zero) by 5 percent of so

4much of the individual’s adjusted gross income

5

as exceeds $75,000. The Secretary of the6

Treasury shall adjust such amount as appro-

7

priate to account for individuals filing joint re-8turns.¿

9

ø(3) METHOD OF DELIVERY.—

10

ø(A) IN GENERAL.—The Secretary of the11

Treasury, acting through the Commissioner of

12

the Internal Revenue Service, shall make the13

payments required under paragraph (1)—¿14

ø(i) first, by direct deposit (including

15

to a pass-through digital dollar wallet), if

16

the Commissioner has sufficient informa-

17tion to make direct deposit payments to18

the applicable individual; and¿19

ø(ii) otherwise, by check.¿20

ø(B) OUTREACH.—The Secretary of the21

Treasury, acting through the Commissioner of

22

the Internal Revenue Service, shall establish a23system for a qualified individual to provide the24Internal Revenue Service with the individual’s

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318
1

direct deposit information and shall perform2

outreach to inform the public of such system.¿3ø(4) ACCESSING PAYMENTS.—If a payment is

4

deposited (by any method) into an account of a5qualified individual at an insured depository institu-

6

tion (as defined in section 3 of the Federal Deposit

7

Insurance Act) or insured credit union (as defined in

8

section 101 of the Federal Credit Union Act), such

9

funds shall be available for withdrawal on the same

10

day, to the fullest extent possible.¿11

ø(5) FUNDING.—The Secretary of the Treasury

12

shall, before each monthly payment required under13

subsection (a), notify the Board of Governors of the

14

Federal Reserve System of the aggregate amount of

15such payment, and the Board of Governors shall16

issue notes in such amount and transfer such notes17

to the Secretary of the Treasury for use in making

18

such payments.¿

19

ø(c) MANDATE FOR MEMBER BANKS TO MAINTAIN

20 PASS-THROUGH DIGITAL DOLLAR WALLETS.—¿ø(1) OBLIGATIONS OF MEMBER BANKS.—

21

ø(A) IN

22

GENERAL.—Member

banks are23

hereby directed to establish and maintain pass-24

through digital dollar wallets for all persons eli-25

gible to receive payments from the United

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319
1States pursuant to this Act who elect to deposit2such payments into a pass-through digital dol-3

lar wallet.¿ø(B) SEPARATE ENTITY.—

4

ø(i) IN

5

GENERAL.—Eachmember6bank shall establish and maintain a sepa-

7

rate legal entity for the exclusive purpose

8of holding all assets and maintaining all li-

9abilities associated with pass-through dig-10

ital dollar wallets.¿

11ø(ii) ASSETS.—The assets of any enti-

12

ty described in this paragraph shall consist

13

exclusively of a balance maintained in a14

master account at a Federal reserve bank,15

and the liabilities or obligations of the enti-

16

ty shall consist exclusively of an equal

17quantity of balances maintained by holders

18of pass-through digital dollar wallets.¿
ø(iii) SEPARATE ASSETS AND LIABIL-

19
20

ITIES.—The21

legal entity described in this paragraph22

shall not be deemed assets or liabilities of23

the member bank or its affiliates for pur-24

poses of any capital or liquidity regulation

assets and liabilities of any

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320
1promulgated by Federal or State banking

2

authorities.¿3

ø(C) APPLICATION.—Member banks with

4

total

5

$10,000,000,000 shall promptly offer individ-

6

uals the ability to apply, through online or tele-7

phonic means, for a pass-through digital dollar

8

wallets.¿9

ø(2) TERMS.—Member banks shall ensure that10a pass-through digital dollar wallet established under

11

this section—¿

consolidated

assetsinexcessof12ø(A) may not be subject to any account13

fees, minimum balances, or maximum bal-

14

ances;¿
ø(B) shall pay interest at a rate not below

15
16

the greater of—¿
ø(i) the rate of interest on required

17
18

reserves; and¿ø(ii) the rate of interest on excess re-19
20

serves;¿21

ø(C) shall provide functionality and service

22

levels not less favorable than those that the23

member bank offers for its existing transaction

24

accounts (including with respect to access to25

debit cards and automated teller machines, on-

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321
1line account access, automatic bill-pay and mo-2bile banking services, customer service, and3such other services as the Board determines),

4

except that pass-through digital dollar wallet5

shall not include overdraft coverage;¿6

ø(D) shall be prominently branded in all

7

account statements, marketing materials, and8other communications of the member bank as a9‘‘pass-through FedAccount’’ maintained by the10member bank on behalf of the Board of Gov-

11

ernors of the Federal Reserve System;¿

12ø(E) may not be closed or restricted by the13member bank on the basis of profitability con-14

siderations; and¿15

ø(F) shall provide holders with reasonable

16

protection against losses caused by fraud or se-17

curity breaches.¿18

ø(3) REIMBURSEMENT FOR COSTS.—

19

ø(A) IN GENERAL.—Each member bank20

with total consolidated assets not greater than21

$10,000,000,000 shall be reimbursed each cal-

22

endar quarter by the relevant Federal reserve23

bank for actual and reasonable operational

24

costs incurred by the member bank in offering

25

pass-through digital dollar wallets.¿

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322
1

ø(B) RULEMAKING.—The Board of Gov-

2

ernors of the Federal Reserve System shall3

issue rules to carry out subparagraph (A).¿4

ø(4) AUTHORITY

OF

THE

BOARD.—Member

5banks shall be subject to such rules as may be im-6

posed by the Board of Governors of the Federal Re-

7serve System in connection with maintaining pass-

8

through digital dollar wallets.¿

9ø(d) AUTHORITY FOR STATE NONMEMBER BANKS

10AND CREDIT UNIONS TO OFFER PASS-THROUGH DIGITAL

11 DOLLAR WALLETS.—The Federal reserve banks shall per12 mit State banks and credit unions that are not member
13 banks to open master accounts for the exclusive purpose
14 of offering pass-through digital dollar wallets in compli15 ance with the requirements of subsection (c). Each State
16 bank or credit union electing to offer pass-through digital
17 wallets shall be entitled to cost reimbursement in accord18 ance with subsection (c)(3).¿ø(e) MANDATE FOR FEDERAL RESERVE BANKS TO

19

20 MAINTAIN DIGITAL DOLLAR WALLETS.—¿21

ø(1) AUTHORIZATION.—Subject to such restric-

22

tions, limitations, and regulations as may be im-23

posed by the Board of Governors of the Federal Re-

24

serve System, each Federal reserve bank shall main-

25

tain digital dollar wallets.¿

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323
ø(2) MANDATE.—

12

ø(A) IN GENERAL.—Not later than Janu-3

ary 1, 2021, all Federal reserve banks shall4

make digital dollar wallets available to all citi-

5zens and legal permanent residents of the

6

United States and business entities for which7

the principal place of business is located in the8

United States.¿9

ø(B) EXCEPTION.—In geographic areas

10

where physical access to a branch of a Federal

11

reserve bank is limited, Federal reserve banks

12

serving such areas shall partner with United

13

States Postal Service branch offices to ensure

14

access and availability to application and ac-

15

count services for digital dollar wallets.¿16ø(3) TERMS OF DIGITAL DOLLAR WALLETS.—

17

Federal reserve banks shall ensure that digital dollar

18

wallets established under this section—¿

19

ø(A) may not be subject to any account20

fees, minimum balances, or maximum bal-

21

ances;¿
ø(B) shall pay interest at a rate not below

22
23

the greater of—¿
ø(i) the rate of interest on required

24
25

reserves; and¿

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324
ø(ii) the rate of interest on excess re-1
2

serves;¿3

ø(C) shall provide access to debit cards,

4

online account access, automatic bill-pay and5mobile banking services, customer service, and6such other services as the Board determines,

7

except that digital dollar wallets shall not in-8clude overdraft coverage.¿9

ø(D) shall provide, in conjunction with the10United States Postal Service, access to auto-11

mated teller machines to be maintained on be-

12half of the Board by the United States Postal

13

Service at branch offices;¿

14ø(E) shall be prominently branded in all

15

account statements, marketing materials, and16other communications of the Federal reserve17

bank as a ‘‘FedAccount’’ maintained by the18

member bank on behalf of the United States of19

America;¿ø(F) may not be closed or restricted on the20
21basis of profitability considerations; and¿22

ø(G) shall provide holders with reasonable

23

protection against losses caused by fraud or se-24

curity breaches.¿

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325
1

ø(4) BANK SECRECY ACT.—In establishing and2maintaining digital dollar wallets, each Federal re-3

serve bank shall comply with section 21 of the Fed-4eral Deposit Insurance Act (12 U.S.C. 1829b), sec-

5

tion 123 of Public Law 91–508, subchapter II of

6chapter 53 of title 31, United States Code.¿7ø(5) PENALTIES.—The Board of Governors of

8

the Federal Reserve System shall, by rule, establish

9

penalties applicable to Federal reserve banks and10

employees of such banks for violations of privacy ob-

11ligations relating to digital dollar wallets that are

12

similar to the penalties imposed by the Commis-

13

sioner of the Internal Revenue Service with respect

14

to violations of privacy obligations relating to Fed-15

eral tax returns.¿

16

ø(f) REGULATIONS.—The Board of Governors of the

17 Federal Reserve System shall promulgate regulations to
18 carry out this section.¿
19

SEC. 102. SUSPENSION OF REQUIREMENTS REGARDING20

TENANT CONTRIBUTION TOWARD RENT.

21(a) SUSPENSION.—Notwithstanding any other provi-

22 sion of law, the obligation of each tenant household of a
23 dwelling unit in assisted housing to pay any contribution
24 toward rent for occupancy in such dwelling unit shall be
25 suspended with respect to such occupancy during the pe-

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326
1 riod beginning on the date of the enactment of this Act
2 and ending 6 months after the date of the termination
3 by the Federal Emergency Management Agency of the
4 emergency declared on March 13, 2020, by the President
5 under the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 4121 et seq.) relating
7 to the Coronavirus Disease 2019 (COVID–19) pandemic.
8(b) FEDERAL REIMBURSEMENT PAYMENTS.—To the

9 extent that amounts are made available pursuant to sub10 section (e) for reimbursements under this subsection, the
11 Secretary of Housing and Urban Development or the Sec12 retary of Agriculture, as appropriate, shall—
13(1) provide owners of assisted housing and pub-14

lic housing agencies for any amounts in rent not re-15

ceived as a result of subsection (a), plus the amount16

of any increases in costs of administering and main-17

taining such housing to the extent only that such in-18

creases result from the public health emergency re-19

lating to Coronavirus Disease 2019 (COVID–19);

20

and

21

(2) in the case of public housing agencies pro-22

viding assistance under section 8(o) of the United

23

States Housing Act of 1937 (42 U.S.C. 1437f(o)),

24

reimburse such agencies in an amount sufficient to25

cover any increase in housing assistance payments

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327
1resulting from the suspension of tenant rent pay-2

ments pursuant to subsection (a), plus the amount3

of any increases in the cost of administering such4

assistance to the extent only that such increases re-5

sult from the public health emergency relating to

6

Coronavirus Disease 2019 (COVID–19).

7(c) PROHIBITIONS.—

8(1) ON FINES.—No tenant or tenant household

9

may be charged a fine or fee for nonpayment of rent

10

in accordance with subsection (a) and such non-11

payment of rent shall not be grounds for any termi-

12nation of tenancy or eviction.

13(2) ON DEBT.—No tenant or tenant household

14

may be treated as accruing any debt by reason of15

suspension of contribution of rent under subsection

16

(a).

17

(3) ON REPAYMENT.—held liable for repayment

18of any amount of rent contribution suspended under19

subsection (a).

20(4) ON CREDIT SCORES.—The nonpayment of21

rent by a tenant or tenant household shall not be re-22

ported to a consumer reporting agency nor shall23

such nonpayment adversely affect a tenant or mem-24

ber of a tenant household’s credit score.

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3281(d) ASSISTED HOUSING.—For purposes of this sec-

2 tion, the term ‘‘assisted housing’’ means housing or a
3 dwelling unit assisted under—
4(1) section 213, 220, 221(d)(3), 221(d)(4),5

223(e), 231, or 236 of the National Housing Act

6(12 U.S.C. 1715l(d)(3), (d)(4), or 1715z–1);

7(2) section 101 of the Housing and Urban De-

8velopment Act of 1965 (12 U.S.C. 1701s);

9(3) section 202 of the Housing Act of 1959 (1210U.S.C. 1701q);

11(4) section 811 of the Cranston-Gonzales Na-

12tional Affordable Housing Act (42 U.S.C. 8013);

13(5) title II of the Cranston-Gonzalez National

14

Affordable Housing Act (42 U.S.C. 12701 et seq.);15(6) subtitle D of title VIII of the Cranston-Gon-

16

zalez National Affordable Housing Act (42 U.S.C.

17

12901 et seq.);18(7) title I of the Housing and Community De-

19velopment Act of 1974 (42 U.S.C. 5301 et seq.);20(8) section 8 of the United States Housing Act21

of 1937 (42 U.S.C. 1437f);

22(9) the public housing program under title I of

23

the United States Housing Act of 1937 (42 U.S.C.

24

1437 et seq.); or

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329
1(10) section 514, 515, 516, 521(a)(2), 538, or

2

542 of the Housing Act of 1949 (42 U.S.C. 1484,

3

1485, 1486, 1490a(a)(2), 1490p-2, 1490r).

4(e) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated such sums as may be nec6 essary to make payments under subsection (b) to all own7 ers of assisted housing and public housing agencies.
8SEC. 103. TEMPORARY MORATORIUM ON EVICTION FIL-

9

INGS.

10

(a) CONGRESSIONAL FINDINGS.—The Congress finds

11 that—12(1) according to the 2018 American Community

13

Survey, 36 percent of households in the United

14

States—more than 43 million households—are rent-

15

ers;

16

(2) in 2019 alone, renters in the United States17

paid $512 billion in rent;

18(3) according to the Joint Center for Housing

19

Studies of Harvard University, 20.8 million renters

20in the United States spent more than 30 percent of

21

their incomes on housing in 2018 and 10.9 million

22

renters spent more than 50 percent of their incomes23

on housing in the same year;

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330
1(4) Moody’s Analytics estimates that 27 million

2jobs in the U.S. economy are at high risk because

3

of COVID–19;

4(5) the impacts of the spread of COVID–19,

5which is now considered a global pandemic, are ex-

6pected to negatively impact the incomes of poten-

7tially millions of renter households, making it dif-8

ficult for them to pay their rent on time; and

9(6) evictions in the current environment would

10

increase homelessness and housing instability which

11

would be counterproductive towards the public

12

health goals of keeping individuals in their homes to13

the greatest extent possible.

14(b) MORATORIUM.—During the period beginning on

15 the date of the enactment of this Act and ending on the
16 date described in paragraph (1) of subsection (d), the les17 sor of a covered dwelling may not make, or cause to be
18 made, any filing with the court of jurisdiction to initiate
19 a legal action to recover possession of the covered dwelling
20 from the tenant regardless of cause, except when a tenant
21 perpetrates a serious criminal act that threatens the
22 health, life, or safety of other tenants, owners, or staff
23 of the property in which the covered dwelling is located.
24(c) DEFINITIONS.—For purposes of this section, the25 following definitions shall apply:

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331
1(1) COVERED DWELLING.—The term ‘‘covered2dwelling’’ means a dwelling that is occupied by a3

tenant—4(A) pursuant to a residential lease; or

5(B) without a lease or with a lease ter-

6

minable at will under State law.

7(2) DWELLING.—The term ‘‘dwelling’’ has the8meaning given such term in section 802 of the Fair

9

Housing Act (42 U.S.C. 3602) and includes houses

10

and dwellings described in section 803(b) of such

11

Act (42 U.S.C. 3603(b)).

12(d) SUNSET.—

13(1) SUNSET DATE.—The date described in this14

paragraph is the date of the expiration of the 6-

15month period that begins upon the termination by

16

the Federal Emergency Management Agency of the17

emergency declared on March 13, 2020, by the18

President under the Robert T. Stafford Disaster Re-

19

lief and Emergency Assistance Act (42 U.S.C. 4121

20

et seq.) relating to the Coronavirus Disease 201921

(COVID–19) pandemic.

22

(2)

NOTICETO

VACATEAFTER

SUNSET

23

DATE.—After the date described in paragraph (1),24

the lessor of a covered dwelling may not require the25tenant to vacate the covered dwelling before the ex-

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332
1

piration of the 30-day period that begins upon the2provision by the lessor to the tenant, after the date3

described in paragraph (1), of a notice to vacate the4covered dwelling.

5

SEC. 104. SUSPENSION OF OTHER CONSUMER LOAN PAY-

6

MENTS.

7(a) IN GENERAL.—During the COVID–19 emer-

8 gency, a debt collector may not, with respect to a debt
9 of a consumer (other than debt related to a federally re10 lated mortgage loan)—11(1) capitalize unpaid interest;12(2) apply a higher interest rate triggered by the13

nonpayment of a debt to the debt balance;

14(3) charge a fee triggered by the nonpayment of

15

a debt;16(4) sue or threaten to sue for nonpayment of a

17

debt;

18

(5) continue litigation to collect a debt that was

19

initiated before the date of enactment of this section;20(6) submit or cause to be submitted a confes-

21

sion of judgment to any court;

22(7) enforce a security interest through reposses-

23

sion, limitation of use, or foreclosure;24(8) take or threaten to take any action to en-25

force collection, or any adverse action for non-

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333
1

payment of a debt, or for nonappearance at any

2hearing relating to a debt;

3(9) commence or continue any action to cause

4

or to seek to cause the collection of a debt, including

5

pursuant to a court order issued before the end of6

the 120-day period following the end of the COVID–

7

19 emergency, from wages, Federal benefits, or8other amounts due to a consumer by way of garnish-

9ment, deduction, offset, or other seizure;10(10) cause or seek to cause the collection of a11debt, including pursuant to a court order issued be-

12fore the end of the 120-day period following the end

13of the COVID–19 emergency, by levying on funds

14

from a bank account or seizing any other assets of

15

a consumer;

16(11) commence or continue an action to evict a

17

consumer from real or personal property; or18(12) disconnect or terminate service from utility

19service, including electricity, natural gas, tele-

20

communications or broadband, water, or sewer.

21(b) RULE OF CONSTRUCTION.—Nothing in this sec-

22 tion may be construed to prohibit a consumer from volun23 tarily paying, in whole or in part, a debt.

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3341(c) REPAYMENT PERIOD.—After the expiration of the

2 COVID–19 emergency, with respect to a debt described
3 under subsection (a), a debt collector—
4(1) may not add to the debt balance any inter-5

est or fee prohibited by subsection (a);6(2) shall, for credit with a defined term or pay-7

ment period, extend the time period to repay the8debt balance by 1 payment period for each payment

9that a consumer missed during the COVID–19

10

emergency, with the payments due in the same11

amounts and at the same intervals as the pre-exist-

12

ing payment schedule;

13(3) shall, for an open end credit plan (as de-14

fined under section 103 of the Truth in Lending

15Act) or other credit without a defined term, allow

16

the consumer to repay the debt balance in a manner

17that does not exceed the amounts permitted by for-18

mulas under section 170(c) of the Truth in Lending19

Act and regulations promulgated thereunder;

20(4) shall, when the consumer notifies the debt

21

collector, offer reasonable and affordable repayment

22

plans, loan modifications, refinancing, options with a23

reasonable time in which to repay the debt.

24(d) COMMUNICATIONS IN CONNECTION WITH THE

25 COLLECTION OF A DEBT.—

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335
1(1) IN

GENERAL.—During

the COVID–19

2

emergency, without prior consent of a consumer

3

given directly to a debt collector during the COVID–

419 emergency, or the express permission of a court

5of competent jurisdiction, a debt collector may only

6

communicate in writing in connection with the col-7

lection of any debt (other than debt related to a fed-

8

erally related mortgage loan).

9(2) REQUIRED DISCLOSURES.—

10(A) IN GENERAL.—All written communica-

11

tions described under paragraph (1) shall in-

12form the consumer that the communication is13

for informational purposes and is not an at-

14

tempt to collect a debt.

15(B) REQUIREMENTS.—The disclosure re-16

quired under subparagraph (A) shall be made—17(i) in type or lettering not smaller

18

than 14–point bold type;19(ii) separate from any other disclo-

20

sure;

21

(iii) in a manner designed to ensure

22

that the recipient sees the disclosure clear-

23

ly;

24

(iv) in English and Spanish and in25

any additional languages in which the debt

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336
1collector communicates, including the lan-

2

guage in which the loan was negotiated, to3the extent known by the debt collector; and4(v) may be provided by first-class mail5

or electronically, if the borrower has other-6

wise consented to electronic communication

7

with the debt collector and has not revoked

8such consent.

9(C) ORAL NOTIFICATION.—Any oral notifi-

10

cation shall be provided in the language the11debt collector otherwise uses to communicate

12with the borrower.

13(D) WRITTENTRANSLATIONS.—In

pro-

14

viding written notifications in languages other15

than English in this Section, a debt collector

16

may rely on written translations developed by

17

the Bureau of Consumer Financial Protection.

18(e) VIOLATIONS.—

19(1) IN GENERAL.—Any person who violates this20

section shall—

21(A) except as provided under subparagraph

22(B), be subject to civil liability in accordance

23

with section 813 of the Fair Debt Collection

24

Practices Act, as if the person is a debt col-25

lector for purposes of that section; and

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337
1(B) be liable to the consumer for an

2amount 10 times the amounts described in such3

section 813, for each violation.

4(2) PREDISPUTE ARBITRATION AGREEMENTS.—

5

Notwithstanding any other provision of law, no6

predispute arbitration agreement or predispute joint-

7

action waiver shall be valid or enforceable with re-8spect to a dispute brought under this section, includ-9

ing a dispute as to the applicability of this section,

10

which shall be determined under Federal law.

11(f) TOLLING.—Except as provided in subsection

12 (g)(5), any applicable time limitations, including statutes
13 of limitations, related to a debt under Federal or State
14 law shall be tolled during the COVID–19 emergency.
15(g) CLAIMS OF AFFECTED CREDITORS AND DEBT

16 COLLECTORS.—
17(1) VALUATION OF PROPERTY.—With respect

18

to any action asserting a taking under the Fifth

19

Amendment of the Constitution of the United States20

as a result of this section or seeking a declaratory

21

judgment regarding the constitutionality of this sec-

22

tion, the value of the property alleged to have been

23

taken without just compensation shall be evalu-

24

ated—

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338
1(A) with consideration of the likelihood of2full and timely payment of the obligation with-3

out the actions taken pursuant to this section;

4

and

5

(B) without consideration of any assistance6

provided directly or indirectly to the consumer

7

from other Federal, State, and local govern-

8

ment programs instituted or legislation enacted

9

in response to the COVID–19 emergency.

10(2) SCOPE OF JUST COMPENSATION.—In an ac-

11tion described in paragraph (1), any assistance or12benefit provided directly or indirectly to the person

13from other Federal, State, and local government

14

programs instituted in or legislation enacted re-15

sponse to the COVID–19 emergency, shall be16deemed to be compensation for the property taken,

17even if such assistance or benefit is not specifically18

provided as compensation for property taken by this19

section.

20(3) APPEALS.—Any appeal from an action

21

under this section shall be treated under section 158

22

of title 28, United States Code, as if it were an ap-

23

peal in a case under title 11, United States Code.

24(4) REPOSE.—Any action asserting a taking

25

under the Fifth Amendment to the Constitution of

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339
1

the United States as a result of this section shall be2brought within not later than 180 days after the end

3of the COVID–19 emergency.

4(h) CREDIT FACILITY FOR OTHER PURPOSES.—

5(1) ESTABLISHMENT.—The Board of Governors

6of the Federal Reserve System shall establish a facil-

7

ity that the Board of Governors shall use to make8

payments to covered financial institutions to com-9

pensate such institutions for documented financial

10

losses caused by the suspension of payments re-11

quired under this section .

12(2) COVEREDFINANCIALINSTITUTION

DE-

13

FINED.—In this subsection, the term ‘‘covered finan-

14

cial institution’’ means the holder of a loan described

15

under this section.

16(i) DEFINITIONS.—In this section:

17(1) CONSUMER.—The term ‘‘consumer’’ means

18

any individual obligated or allegedly obligated to pay

19

any debt.

20(2)

COVID–19

EMERGENCY.—The

term

21

‘‘COVID–19 emergency’’ means the period that be-

22

gins upon the date of the enactment of this Act and23

ends on the date of the termination by the Federal

24

Emergency Management Agency of the emergency

25

declared on March 13, 2020, by the President under

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340
1

the Robert T. Stafford Disaster Relief and Emer-2

gency Assistance Act (42 U.S.C. 4121 et seq.) relat-3

ing to the Coronavirus Disease 2019 (COVID–19)

4

pandemic.

5(3) CREDITOR.—The term ‘‘creditor’’ means—

6(A) any person who offers or extends cred-7

it creating a debt or to whom a debt is owed

8

or other obligation for payment;

9(B) any lessor of real or personal property;

10

or

11

(C) any provider of utility services.

12(4) DEBT.—The term ‘‘debt’’—

13(A) means any obligation or alleged obliga-

14

tion that is or during the COVID emergency

15

becomes past due—

16(i) for which the original agreement,

17

or if there is no agreement, the original ob-

18

ligation to pay was created before the19

COVID emergency, whether or not such

20

obligation has been reduced to judgment;

21

and

22

(ii) that arises out of a transaction

23

with a consumer; and24(B) does not include a federally related

25

mortgage loan.

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341
1(5) DEBT COLLECTOR.—The term ‘‘debt col-2

lector’’ means a creditor, and any person or entity

3

that engages in the collection of debt, including the4

Federal Government and a State government, irre-

5spective of whether the debt is allegedly owed to or

6

assigned to that person or to the entity.

7(6) FEDERALLY RELATED MORTGAGE LOAN.—

8

The term ‘‘federally related mortgage loan’’ has the9meaning given that term under section 3 of the Real10

Estate Settlement Procedures Act of 1974 (1211

U.S.C. 2602).

12SEC. 105. EMERGENCY RENTAL ASSISTANCE.

13(a) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated for grants under the Emer15 gency Solutions Grants program under subtitle B of title
16 IV of the McKinney-Vento Homeless Assistance Act (4217 U.S.C. 11371 et seq.) $100,000,000,000 for grants under18 such subtitle only for providing rental assistance in ac19 cordance with section 415(a)(4) of such Act (42 U.S.C.
20 11374(a)(4)) and this section to respond to needs arising
21 from the emergency declared on March 13, 2020, by the
22 President under the Robert T. Stafford Disaster Relief
23 and Emergency Assistance Act (42 U.S.C. 4121 et seq.)
24 relating to the Coronavirus Disease 2019 (COVID–19)
25 pandemic.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML3421(b) INCOME TARGETING.—For purposes of assistance

2 made available with amounts made available pursuant to
3 subsection (a)—4(1) section 401(1)(A) of the McKinney-Vento

5Homeless Assistance Act (42 U.S.C. 11360(1)(A))

6

shall be applied by substituting ‘‘80 percent’’ for7‘‘30 percent’’; and

8(2) each grantee of such amounts shall use not9less than 50 percent of the amounts received only

10

for providing assistance for persons or families expe-

11

riencing homelessness or at risk of homelessness,

12

who have incomes not exceeding 50 percent of the13

median income for the relevant geographic area; ex-

14

cept that the Secretary may waive the requirement

15

under this paragraph if the grantee demonstrates to16

the satisfaction of the Secretary that the population17

in the geographic area served by the grantee having

18

such incomes is sufficiently being served with respect

19

to activities eligible for funding with such amounts.

20(c) DEFINITION OF AT RISK OF HOMELESSNESS.—

21 For purposes of assistance made available with amounts
22 made available pursuant to subsection (a), section 401(1)23 of the McKinney-Vento Homeless Assistance Act shall be
24 applied, during the period that begins on the date of the
25 enactment of this Act and ends upon the expiration of the

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1 6-month period that begins upon the termination by the
2 Federal Emergency Management Agency of the emergency
3 declared on March 13, 2020, by the President under the
4 Robert T. Stafford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 4121 et seq.) relating to the
6 Coronavirus Disease 2019 (COVID–19) pandemic, as if
7 subparagraph (C) were repealed.
8(d)

3-YEARAVAILABILITY.—Eachgranteeof

9 amounts made available pursuant to subsection (a) shall
10 expend—
11(1) at least 60 percent of such grant amounts

12

within 2 years of the date that such funds became

13

available to the grantee for obligation; and

14(2) 100 percent of such grant amounts within

15

3 years of such date.

16 The Secretary may recapture any amounts not expended
17 in compliance with paragraph (1) of this subsection and
18 reallocate such amounts to grantees in compliance with
19 the formula referred to in subsection (h)(1)(A) of this sec20 tion.
21(e) RENT RESTRICTIONS.—Paragraph (1) of section

22 576.106(d) of the Secretary’s regulations (24 C.F.R.
23 576.106(d)(1)) shall be applied, with respect to rental as24 sistance made available with amounts made available pur-

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1 suant to subsection (a), by substituting ‘‘120 percent of
2 the Fair Market Rent’’ for ‘‘the Fair Market Rent’’.
3(f) SUBLEASES.—Notwithstanding the second sen-

4 tence of subsection (g) of section 576.106 of the Sec5 retary’s regulations (24 C.F.R. 576.106(g)), a program
6 participant may sublet, with rental assistance made avail7 able with amounts made available pursuant to subsection
8 (a) of this section, a dwelling unit from a renter of the
9 dwelling unit if there is a legally binding, written lease
10 agreement for such sublease.
11(g) HOUSING RELOCATION OR STABILIZATION AC-

12

TIVITIES.—A grantee of amounts made available pursuant

13 to subsection (a) may expend up to 20 percent of its allo14 cation for activities under section 415(a)(5) of the McKin15 ney-Vento

Homeless

Assistance

Act

(42

U.S.C.

16 11374(a)(5)).
17(h) ALLOCATION OF ASSISTANCE.—

18(1) IN GENERAL.—In allocating amounts made19

available pursuant to subsection (a), the Secretary of20

Housing and Urban Development shall—

21(A) not later than 30 days after the date

22of the enactment of this Act, allocate any such23

amounts that do not exceed $50,000,000,000

24

under the formula specified in subsections (a),25(b), and (e) of section 414 of the McKinney-

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345
1Vento Homeless Assistance Act (42 U.S.C.

211373) to, and notify, each State, metropolitan

3

city, and urban county that is to receive a di-4

rect grant of such amounts; and5(B) not later than 120 days after the date

6of the enactment of this Act, allocate any re-7

maining amounts to eligible grantees by a for-8mula to be developed by the Secretary of Hous-9

ing and Urban Development that takes into

10

consideration the formula referred to in sub-11

paragraph (A) of this paragraph, and the need12for emergency rental assistance under this sec-

13

tion, including severe housing cost burden

14among extremely low- and very low-income

15

renters and disruptions in housing and eco-16

nomic conditions, including unemployment.

17(2) ALLOCATIONS TO STATES.—A State recipi-

18

ent of an allocation under this section may elect to19

directly administer up to 50 percent of its allocation20

to carry out activities eligible under this section.

21(3) ELECTION

NOT

TO

ADMINISTER.—Ifa22

grantee elects not to receive funds under this sec-

23

tion, such funds shall be allocated to the State re-24

cipient in which the grantee is located.

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346
1
2

(i)

INAPPLICABILITYOF

MATCHINGREQUIRE-

MENT.—Subsection (a) of section 416 of the McKinney-

3 Vento Homeless Assistance Act (42 U.S.C. 11375(a))
4 shall not apply to any amounts made available pursuant
5 to subsection (a) of this section.
6(j) PROHIBITION ON PREREQUISITES.—None of the

7 funds authorized under this section may be used to require
8 people experiencing homelessness to receive treatment or
9 perform any other prerequisite activities as a condition for
10 receiving shelter, housing, or other services.
11(k) PUBLIC HEARINGS.—

12(1) INAPPLICABILITY OF IN-PERSON HEARING13

REQUIREMENTS.—A grantee may not be required to14

hold in-person public hearings in connection with its

15

citizen participation plan, but shall provide citizens

16with notice and a reasonable opportunity to com-17

ment of not less than 15 days. Following the period

18that begins upon the date of the enactment of this19

Act and ends upon the date of the termination by

20

the Federal Emergency Management Agency of the21

emergency declared on March 13, 2020, by the22

President under the Robert T. Stafford Disaster Re-

23

lief and Emergency Assistance Act (42 U.S.C. 4121

24

et seq.) relating to the Coronavirus Disease 201925

(COVID–19) pandemic, and after the period de-

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347
1

scribed in paragraph (2), the Secretary shall direct

2

grantees to resume pre-crisis public hearing require-3

ments.

4(2) VIRTUAL PUBLIC HEARINGS.—During the5

period that national or local health authorities rec-6

ommend social distancing and limiting public gath-7

erings for public health reasons, a grantee may ful-

8

fill applicable public hearing requirements for all

9

grants from funds made available pursuant to this10

section by carrying out virtual public hearings. Any

11such virtual hearings shall provide reasonable notifi-

12

cation and access for citizens in accordance with the13

grantee’s certifications, timely responses from local

14

officials to all citizen questions and issues, and pub-15

lic access to all questions and responses.

16(l) ADMINISTRATION.—Of any amounts made avail-17 able pursuant to subsection (a), not more than the lesser
18 of 0.5 percent, or $15,000,000, may be used for staffing,
19 training, technical assistance, technology, monitoring, re20 search, and evaluation activities necessary to carry out the
21 program carried out under this section, and such amounts
22 shall remain available until September 30, 2024.
23

SEC. 106. EMERGENCY HOMELESS ASSISTANCE.

24(a) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated under the Emergency Solu-

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348
1 tions Grants program under subtitle B of title IV of the
2 McKinney-Vento Homeless Assistance Act (42 U.S.C.
3 11371 et seq.) $15,500,000,000 for grants under such
4 subtitle in accordance with this section to respond to needs
5 arising from the public health emergency relating to
6 Coronavirus Disease 2019 (COVID–19).
7(b) FORMULA.—Notwithstanding sections 413 and

8 414 of the McKinney-Vento Homeless Assistance Act (429 U.S.C. 11372, 11373), the Secretary of Housing and
10 Urban Development (in this Act referred to as the ‘‘Sec11 retary’’) shall allocate amounts made available pursuant
12 to subsection (a) in accordance with a formula to be estab13 lished by the Secretary that takes into consideration the
14 following factors:
15(1) Risk of transmission of coronavirus in a ju-

16

risdiction.

17(2) Whether a jurisdiction has a high number

18

or rate of sheltered and unsheltered homeless indi-

19

viduals and families.

20(3) Economic and housing market conditions in21

a jurisdiction.

22(c) ELIGIBLE ACTIVITIES.—In addition to eligible ac-

23 tivities under section 415(a) of the McKinney-Vento
24 Homeless Assistance Act (42 U.S.C. 11374(a), amounts

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1 made available pursuant to subsection (a) may also be
2 used for costs of the following activities:
3(1) Providing training on infectious disease pre-4

vention and mitigation.

5(2) Providing hazard pay, including for time6

worked before the effectiveness of this clause, for7

staff working directly to prevent and mitigate the8spread of coronavirus or COVID–19 among people

9experiencing or at risk of homelessness.

10(3) Reimbursement of costs for eligible activi-

11

ties (including activities described in this paragraph)12

relating to preventing, preparing for, or responding

13

to the coronavirus or COVID–19 that were accrued

14

before the date of the enactment of this Act.

15 Use of such amounts for activities described in this para16 graph shall not be considered use for administrative pur17 poses for purposes of section 418 of the McKinney-Vento
18 Homeless Assistance Act (42 U.S.C. 11377).
1920(d) INAPPLICABILITYOF

PROCUREMENT STAND-

ARDS.—To the extent amounts made available pursuant

21 to subsection (a) are used to procure goods and services
22 relating to activities to prevent, prepare for, or respond
23 to the coronavirus or COVID–19, the standards and re24 quirements regarding procurement that are otherwise ap25 plicable shall not apply.

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3501(e) INAPPLICABILITY OF HABITABILITY AND ENVI-

2

RONMENTAL REVIEW STANDARDS.—Any Federal stand-3 ards and requirements regarding habitability and environ4 mental review shall not apply with respect to any emer5 gency shelter that is assisted with amounts made available
6 pursuant to subsection (a) and has been determined by
7 a State or local health official, in accordance with such
8 requirements as the Secretary shall establish, to be nec9 essary to prevent and mitigate the spread of coronavirus
10 or COVID–19, such shelters.
11(f) INAPPLICABILITY OF CAP ON EMERGENCY SHEL-12TER ACTIVITIES.—Subsection (b) of section 415 of the

13 McKinney-Vento Homeless Assistance Act shall not apply
14 to any amounts made available pursuant to subsection
15 (a)(1) of this section.
16(g) INITIAL ALLOCATION OF ASSISTANCE.—Section

17 417(b) of the McKinney-Vento Homeless Assistance Act
18 (42 U.S.C. 11376(b)) shall be applied with respect to
19 amounts made available pursuant to subsection (a) by
20 substituting ‘‘30-day’’ for ‘‘60-day’’.
21(h) WAIVERS AND ALTERNATIVE REQUIREMENTS.—

22(1) AUTHORITY.—In administering amounts

23

made available pursuant to subsection (a), the Sec-24

retary may waive, or specify alternative require-25

ments for, any provision of any statute or regulation

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1(except for any requirements related to fair housing,2

nondiscrimination, labor standards, and the environ-3ment) that the Secretary administers in connection

4

with the obligation or use by the recipient of such5

amounts, if the Secretary finds that good cause ex-

6ists for the waiver or alternative requirement and7such waiver or alternative requirement is consistent

8

with the purposes described in this subsection.

9(2)

EFFECTIVENESS;APPLICABILITY.—Any

10such waivers shall be deemed to be effective as of11

the date a State or unit of local government began

12

preparing for coronavirus and shall apply to the use

13of amounts made available pursuant to subsection

14(a) and amounts provided in prior appropriation

15

Acts for fiscal year 2020 under the heading ‘‘De-

16

partment of Housing and Urban Development—

17

Community Planning and Development—Commu-

18

nity Development Fund’’ and used by recipients for19

the purposes described in this subsection.

20(3) NOTIFICATION.—The Secretary shall notify

21

the public through the Federal Register or other ap-

22

propriate means 5 days before the effective date of23

any such waiver or alternative requirement, and any

24such public notice may be provided on the Internet

25

at the appropriate Government web site or through

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1

other electronic media, as determined by the Sec-2

retary.

3(4) EXEMPTION.—The use of amounts made4

available pursuant to subsection (a) shall not be sub-5

ject to the consultation, citizen participation, or

6match requirements that otherwise apply to the7

Emergency Solutions Grants program, except that a8

recipient shall publish how it has and will utilize its

9allocation at a minimum on the Internet at the ap-

10

propriate Government web site or through other11

electronic media.

12

(i)

13

INAPPLICABILITYOF

MATCHINGREQUIRE-

MENT.—Subsection (a) of section 416 of the McKinney-

14 Vento Homeless Assistance Act (42 U.S.C. 11375(a))
15 shall not apply to any amounts made available pursuant
16 to subsection (a) of this section.
17(j) PROHIBITION ON PREREQUISITES.—None of the

18 funds authorized under this section may be used to require
19 people experiencing homelessness to receive treatment or
20 perform any other prerequisite activities as a condition for
21 receiving shelter, housing, or other services.

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353
1SEC. 107. PARTICIPATION OF INDIAN TRIBES AND TRIB-

2

ALLY DESIGNATED HOUSING ENTITIES IN

3

CONTINUUM OF CARE PROGRAM.

4(a) IN GENERAL.—Title IV of the McKinney-Vento

5 Homeless Assistance Act (42 U.S.C. 11360 et seq.) is
6 amended—
7(1) in section 401 (42 U.S.C. 11360)—

8(A) by redesignating paragraphs (10)9through (33) as paragraphs (12) through (35),10respectively;

11(B) by redesignating paragraphs (8) and

12(9) as paragraphs (9) and (10), respectively;

13(C) by inserting after paragraph (7) the

14

following:

15‘‘(8) FORMULA AREA.—The term ‘formula area’16

has the meaning given the term in section 1000.302

17of title 24, Code of Federal Regulations, or any suc-18

cessor regulation.’’;19(D) in paragraph (9), as so redesignated,

20

by inserting ‘‘a formula area,’’ after ‘‘non-21

entitlement area,’’; and22(E) by inserting after paragraph (10), as23

so redesignated, the following:

24‘‘(11) INDIAN TRIBE.—The term ‘Indian Tribe’

25

has the meaning given the term ‘Indian tribe’ in sec-

26

tion 4 of the Native American Housing Assistance

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1

and Self-Determination Act of 1996 (25 U.S.C.

24103).’’; and3(2) in subtitle C (42 U.S.C. 11381 et seq.), by

4
5

adding at the end the following:‘‘SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIB-

6

ALLY DESIGNATED HOUSING ENTITIES.

7‘‘Notwithstanding any other provision of this title, for

8 purposes of this subtitle, an Indian Tribe or tribally des9 ignated housing entity (as defined in section 4 of the Na10 tive American Housing Assistance and Self-Determination
11 Act of 1996 (25 U.S.C. 4103)) may—
12‘‘(1) be a collaborative applicant or eligible enti-

13ty; or14‘‘(2) receive grant amounts from another entity

15

that receives a grant directly from the Secretary,

16

and use the amounts in accordance with this sub-17

title.’’.

18(b) TECHNICAL AND CONFORMING AMENDMENT.—

19 The table of contents in section 101(b) of the McKinney20 Vento Homeless Assistance Act (Public Law 100–77; 101
21 Stat. 482) is amended by inserting after the item relating
22 to section 434 the following:‘‘Sec. 435. Participation of Indian Tribes and tribally designated housing entities.’’.

23

SEC. 108. HOUSING ASSISTANCE FUND.

24(a) DEFINITIONS.—In this section:

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1(1) SECRETARY.—The term ‘‘Secretary’’ means

2

the Secretary of the Treasury.

3(2) STATE.—The term ‘‘State’’ means any

4State of the United States, the District of Columbia,

5

any territory of the United States, Puerto Rico,

6

Guam, American Samoa, the Virgin Islands, and the7

Northern Mariana Islands.

8(b) ESTABLISHMENT OF FUND.—There is estab-

9 lished at the Department of the Treasury a Housing As10 sistance Fund to provide such funds as are allocated in
11 subsection (f) to State housing finance agencies for the
12 purpose of preventing homeowner mortgage defaults, fore13 closures, and displacements of individuals and families ex14 periencing financial hardship after January 21, 2020.
15(c) ALLOCATION OF FUNDS.—

16(1) IN GENERAL.—The Secretary of the Treas-17

ury shall establish such criteria as are necessary to

18

allocate the funds available within the Housing As-

19

sistance Fund to each State. The Secretary shall al-

20

locate such funds among all States taking into con-21

sideration the number of unemployment claims with-22

in a State relative to the nation-wide number of un-

23

employment claims.

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1(2) SMALL STATE MINIMUM.—Each State shall2

receive no less than $125,000,000 for the purposes3

established in subsection (b).

4(d) DISBURSEMENT OF FUNDS.—

5(1) INITIALDISBURSEMENT.—The

Secretary

6

shall disburse to the State housing finance agencies

7

not less than 1⁄2 of the amount made available pur-8

suant to this section, and in accordance with the al-

9locations established under subsection (c), not later10

than 120 days after the date of enactment of this11

Act. The Secretary or designee shall enter into a

12contract with each State housing finance agency,

13

which may be amended from time to time, estab-

14

lishing the terms of the use of such funds prior to15

the disbursement of such funds.

16(2) SECONDDISBURSEMENT.—The

Secretary

17

shall disburse all funds made available pursuant to18

this section, and in accordance with the allocations

19

established under subsection (c), not later than 180

20days after the date of enactment of this Act.

21(e) PERMISSIBLE USES OF FUND.—

22(1) IN GENERAL.—Funds made available to23

State housing finance agencies pursuant to this sec-

24

tion may be used for the purposes established under25

subsection (b), which may include—

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1(A) mortgage payment assistance;2(B) financial assistance to allow a bor-

3

rower to reinstate their mortgage following a4

period of forbearance;

5(C) principal reduction;

6(D) utility payment assistance, including

7

electric, gas, and water payment assistance;

8(E) any program established under the9

Housing Finance Agency Innovation Fund for10

the Hardest Hit Housing Markets;

11(F) reimbursement of funds expended by a

12

State or local government during the period be-

13

ginning on January 21, 2020, and ending on

14

the date that the first funds are disbursed by

15

the State under the Housing Assistance Fund,16

for the purpose of providing housing or utility

17

assistance to individuals or otherwise providing

18

funds to prevent foreclosure or eviction of a19

homeowner or prevent mortgage delinquency or

20loss of housing or critical utilities as a response21

to the coronavirus disease 2019 (COVID–19)

22

pandemic; and23(G) any other assistance to prevent evic-

24tion, mortgage delinquency or default, fore-

25

closure, or the loss of essential utility services.

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358
1(2) ADMINISTRATIVE EXPENSES.—Not greater

2

than 10 percent of the amount allocated to a State

3

pursuant to subsection (c) may be used by a State4

housing financing agency for administrative ex-

5penses. Any amounts allocated to administrative ex-

6penses that are no longer necessary for administra-

7

tive expenses may be used in accordance with para-

8graph (1).

9(f) APPROPRIATION.—There is appropriated, out of

10 amounts in the Treasury not otherwise appropriated, for
11 the fiscal year ending September 30, 2020, to remain
12 available until expended or transferred or credited under
13 subsection (h), $35,000,000,000 to the Housing Assist14 ance Fund established under subsection (b).
15(g) USE OF HOUSING FINANCE AGENCY INNOVATION

16 FUND

FOR

THE

HARDEST HIT HOUSING MARKETS

17 FUNDS.—A State housing finance agency may reallocate
18 any administrative or programmatic funds it has received
19 as an allocation from the Housing Finance Agency Inno20 vation Fund for the Hardest Hit Housing Markets created
21 pursuant to section 101(a) of the Emergency Economic
22 Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have
23 not been otherwise allocated or disbursed as of the date
24 of enactment of this Act to supplement any administrative
25 or programmatic funds received from the Housing Assist-

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1 ance Fund. Such reallocated funds shall not be considered
2 when allocating resources from the Housing Assistance
3 Fund using the process established under subsection (c)4 and shall remain available for the uses permitted and
5 under the terms and conditions established by the contract
6 with Secretary created pursuant to subsection (d)(1) and7 the terms of subsection (h).
8(h) RESCISSION OF FUNDS.—Any funds that have

9 not been allocated by a State housing finance agency to
10 provide assistance as described under subsection (e) by
11 December 31, 2030, shall be reallocated by the Secretary
12 in the following manner:
13(1) 65 percent shall be transferred or credited

14

to the Housing Trust Fund established under sec-

15

tion 1338 of the Federal Housing Enterprises Fi-

16

nancial Safety and Soundness Act of 1992 (1217

U.S.C. 4568); and18(2) 35 percent shall be transferred or credited

19

to the Capital Magnet Fund under section 1339 of

20

the Federal Housing Enterprises Financial Safety

21

and Soundness Act of 1992 (12 U.S.C. 4569).

22(i) REPORTING REQUIREMENTS.—The Secretary

23 shall provide public reports not less frequently than quar24 terly regarding the use of funds provided by the Housing
25 Assistance Funds. Such reports shall include the following

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360
1 data by State and by program within each State, both for
2 the past quarter and throughout the life of the program—
3(1) the amount of funds allocated;

4(2) the amount of funds disbursed;

5(3) the number of households and individuals

6

assisted;

7(4) the acceptance rate of applicants;

8(5) the average amount of assistance provided

9

per household receiving assistance;

10(6) the average length of assistance provided

11

per household receiving assistance;

12(7) the income ranges of households for each13household receiving assistance; and

14(8) the outcome 12 months after the household

15
16

has received assistance.
SEC. 109. MORTGAGE FORBEARANCE.

17(a) FINDINGS.—

18(1) FINDINGS.—Congress finds that—

19(A) the collection of debts involves the use

20of the mails and wires and other instrumental-

21

ities of interstate commerce;

22(B) at times of major disaster or emer-

23

gency, the income of consumers is often im-24

paired and their necessary daily expenses often

25

increase;

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1(C) temporary forbearance benefits not2

only consumer and small business debtors, but

3also other creditors by avoiding downward col-4

lateral price spirals triggered by an increase in5

foreclosure activity;

6(D) without forbearance, many consumers

7

and small businesses are unlikely to be able to8

pay their obligations according to their original9

terms and are likely to default on obligations or

10file for bankruptcy, resulting in reduced recov-

11

eries for creditors, and in the case of bank-12

ruptcy, no recovery of unaccrued interest;

13(E) with forbearance, creditors are likely

14

to realize greater long-term value because con-15

sumers and small businesses will be more likely

16

to be able to repay their obligations after the17

major disaster or emergency has subsided;

18(F) the legislative and administrative re-19

sponse to major disasters and emergencies may

20

consist of multiple components divided among

21

different statutes and programs; and22(G) when evaluating whether property has

23

been taken from a person without just com-24

pensation, a holistic evaluation of the burdens

25

and benefits of all legislative and administrative

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1

responses, including indirect benefits from mac-2

roeconomic stabilization, is appropriate.

3(2) FURTHER FINDINGS REGARDING MORTGAGE

4FORBEARANCE.—Congress further finds that—

5(A) ensuring that consumers are able to6remain in their residences reduces the disrup-

7

tions and economic harm caused by such disas-8

ters and emergencies by ensuring that con-9

sumers are able to continue their existing em-

10ployment, education, childcare, and healthcare

11

arrangements, which are often geographically-

12

based;

13(B) temporary forbearance on residential

14

mortgages is therefore critical to fostering eco-15

nomic recovery and stability in the wake of

16

major disasters or emergencies;

17(C) temporary mortgage forbearance dur-18

ing a declared disaster benefits not only mort-

19

gagors, but also mortgagees because mortga-

20

gors’ ability to pay is likely to be restored after21

a disaster or emergency subsides, so forbear-

22

ance may increase mortgagors’ total recovery.

23

Without forbearance, mortgagors are likely to24

default or file for bankruptcy, resulting in sig-

25

nificant losses for mortgagees; and

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363
1(D) temporary mortgage forbearance dur-

2

ing a declared disaster also benefits the mortga-

3

gees of other properties because housing prices

4

are geographically and serially correlated so an

5increase in foreclosures can drive down the

6value of collateral for all mortgage lenders, fur-

7

ther destabilizing the economy.

8(3) FURTHER FINDINGS REGARDING MORTGAGE

9SERVICERS.—Congress further finds that—

10(A) mortgage servicers are often contrac-

11

tually obligated to advance scheduled mortgage

12

payments to securitization investors, irrespec-

13

tive of whether the servicer collects the payment

14

from the mortgagor;

15(B) mortgage servicers are often thinly

16

capitalized and with limited capacity for engag-

17

ing in large scale advancing of payments to18

securitization investors;

19(C) securitization investors have long been

20

aware of servicers’ thin capitalization;

21(D) in the wake of the 2008 financial cri-22

sis, several servicers had difficulty obtaining

23

sufficiently liquidity to make advances;

24(E) mortgage servicing is a heavily regu-

25

lated industry;

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML3641(F) in response to the 2008 financial cri-2

sis, Congress created a safe harbor for mort-

3

gage servicers that undertook loan modifica-

4

tions;

5(G) in response to the 2008 financial cri-

6

sis, the Home Affordable Modification Program

7

paid mortgage servicers to undertake loan

8

modifications;

9(H) as part of the 2012 joint State-Fed-10

eral National Mortgage Settlement, mortgage

11servicers committed to undertaking loan modi-

12

fications; and13(I) investors in mortgage securitizations

14

are or should be aware of servicers’ thin cap-

15

italization, liquidity constraints, the extent and16history of servicing regulation and therefore do17

not have a reasonable expectation that the18

terms of servicing contracts will be enforceable19

at times of national financial crisis.

20(4) DETERMINATION.—It is the sense of the21

Congress that, on the basis of the findings described22

under paragraphs (1), (2), and (3), the Congress de-23

termines that the provisions of this Act are nec-

24

essary and proper for the purpose of carrying into

25

execution the powers of the Congress to regulate

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365
1commerce among the several States and to establish

2

uniform bankruptcy laws.

3(b) PROHIBITION ON FORECLOSURES AND REPOS-

4

SESSIONS DURING THE COVID–19 EMERGENCY.—

5(1) PROHIBITIONONFORECLOSURES.—The

6

Real Estate Settlement Procedures Act of 1974 (127

U.S.C. 2601 et seq.) is amended—

8(A) in section 3 (12 U.S.C. 2602)—

9(i) in paragraph (8), by striking

10‘‘and’’ at the end;

11(ii) in paragraph (9), by striking the

12

period at the end and inserting ‘‘; and’’;

13

and

14

(iii) by adding at the end the fol-15

lowing:16‘‘(10) the term ‘COVID–19 emergency’ means17

the period that begins upon the date of the enact-

18

ment of this Act and ends on the date of the termi-

19

nation by the Federal Emergency Management

20

Agency of the emergency declared on March 13,

21

2020, by the President under the Robert T. Stafford

22

Disaster Relief and Emergency Assistance Act (4223

U.S.C. 4121 et seq.) relating to the Coronavirus

24

Disease 2019 (COVID–19) pandemic.’’; and

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366
1

(B)

2

2605(k)(1))—

3insection6(k)(1)(12

U.S.C.

(i) in subparagraph (D), by striking

4‘‘or’’ at the end;

5(ii) by redesignating subparagraph

6(E) as subparagraph (G); and7(iii) by inserting after subparagraph

8(D) the following:

9‘‘(E) commence or continue any judicial

10

foreclosure action or non-judicial foreclosure

11

process or any action to evict a consumer fol-12

lowing a foreclosure during the COVID–19

13

emergency or the 180-day period following such

14

emergency (except that such prohibition shall15

not apply to a mortgage secured by a dwelling

16

that the servicer has determined after exer-

17

cising reasonable diligence is vacant or aban-

18

doned);

19‘‘(F) fail to toll the time in a foreclosure

20

process on a property during the COVID–19

21

emergency or the 180-day period following such

22

emergency (except that such prohibition shall23

not apply to a mortgage secured by a dwelling

24

that the servicer has determined after exer-

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367
1

cising reasonable diligence is vacant or aban-2

doned); or’’.

3(2) REPOSSESSION PROHIBITION.—During the

4

COVID–19 emergency and for the 180-day period5following such emergency, a servicer of a consumer

6

loan secured by a manufactured home or a motor ve-

7hicle may not repossess such home or vehicle.

8(c) FORBEARANCEOF

RESIDENTIAL MORTGAGE

9 LOAN PAYMENTS FOR SINGLE FAMILY PROPERTIES (1–
10 4 UNITS).—Section 6 of the Real Estate Settlement Pro11 cedures Act of 1974 (12 U.S.C. 2605) is amended by add12 ing at the end the following:
1314‘‘(n) FORBEARANCE DURING THE COVID–19 EMERGENCY.—

15‘‘(1) CONSUMER RIGHT TO REQUEST A FOR-

16

BEARANCE.—

17‘‘(A) REQUESTFORFORBEARANCE.—A

18

borrower experiencing a financial hardship dur-

19

ing the COVID–19 emergency may request for-20

bearance from any mortgage obligation, regard-

21

less of delinquency status, by submitting a re-22

quest to the borrower’s servicer, either orally or

23

in writing, affirming that the borrower is expe-

24

riencing hardship during the COVID–19 emer-

25

gency. A borrow shall not be required to provide

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1

any additional documentation to receive such2

forbearance.

3‘‘(B) LENGTH OF FORBEARANCE; EXTEN-

4

SION.—A

5

subparagraph (A) shall be provided for a period6of 180 days, and may be extended upon request

7of the borrower for an additional 180 days.

forbearance requested pursuant to8‘‘(C) TREATMENT OF TENANTS.—A bor-

9

rower receiving a forbearance under this sub-10

section with respect to a mortgage secured by

11

a dwelling that has tenants, whether or not the12borrower also lives in the dwelling, shall provide

13

the tenants with rent relief for a period not less14than the period covered by the forbearance.

15‘‘(2) AUTOMATIC FORBEARANCE FOR DELIN-16

QUENT BORROWERS.—

17‘‘(A) IN GENERAL.—Notwithstanding any

18other law governing forbearance relief, during

19

the COVID–19 emergency, any borrower who is

20

or becomes 60 days or more delinquent on a21

mortgage obligation shall automatically be

22granted a 180-day forbearance, which may be

23

extended upon request of the borrower for an

24

additional 180 days. Such a borrower may elect25

to continue making regular payments by noti-

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1fying the servicer of the mortgage obligation of2such election.

3

‘‘(B)

NOTICETO

BORROWER.—The

4

servicer of a mortgage obligation placed in for-5

bearance pursuant to subparagraph (A) shall6

provide the borrower written notification of the7forbearance and its duration as well as informa-

8tion about available loss mitigation options and9

the right to end the forbearance and resume

10

making regular payments.

11‘‘(C) TREATMENT OF PAYMENTS DURING

12

FORBEARANCE.—Any13borrower during the forbearance period shall be

14credited to the borrower’s account in accord-

15

ance with section 129F of the Truth in Lending16

Act (15 U.S.C. 1639f) or as the borrower may

17otherwise instruct that is consistent with the18terms of the mortgage loan contract.

19‘‘(3) REQUIREMENTS FOR SERVICERS.—

20

payments made by the‘‘(A) NOTIFICATION.—

21‘‘(i) IN GENERAL.—Each servicer of a22federally related mortgage loan shall notify

23

the borrower of their right to request for-24

bearance under paragraph (1)—

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3701‘‘(I) not later than 14 days after2

the date of enactment of this sub-3

section; and4‘‘(II) until the end of COVID–19

5

emergency—

6‘‘(aa) on each periodic state-

7

ment provided to the borrower;

8

and

9

‘‘(bb) in any oral or written

10

communication by the servicer

11

with or to the borrower.

12‘‘(ii) MANNER OF NOTIFICATION.—

13‘‘(I) WRITTEN NOTIFICATION.—

14

Any

15

under this section—

16

writtennotification

required‘‘(aa) shall be provided—

17‘‘(AA) in English and18

Spanish and in any addi-

19

tional languages in which

20

the servicer communicates,21

including the language in22

which the loan was nego-

23

tiated, to the extent known

24

by the servicer; and

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371
1‘‘(BB) at least as clear-2

ly and conspicuously as the3most clear and conspicuous

4

disclosure on the document;

5‘‘(bb) shall include the noti-

6

fication of the availability of lan-

7

guage assistance and housing

8

counseling produced by the Fed-9eral Housing Finance Agency

10

under subsection (o); and11‘‘(cc) may be provided by

12

first-class mail or electronically,13

if the borrower has otherwise

14

consented to electronic commu-

15

nication with the servicer and has

16

not revoked such consent.

17‘‘(II) ORAL NOTIFICATION.—Any18

oral notification required under clause

19(i) shall be provided in the language

20

the servicer otherwise uses to commu-

21

nicate with the borrower.

22‘‘(III)WRITTEN

TRANS-

23

LATIONS.—In providing written notifi-

24

cationsin

25

Englishunderlanguages

othersubclause

than

(I),

a

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1servicer may rely on written trans-

2

lations developed by the Federal

3

Housing Finance Agency or the Bu-

4

reau.

5

‘‘(B) OTHER REQUIREMENTS.—

6

‘‘(i)

FORBEARANCEREQUIRED.—

7

Upon receiving a request for forbearance

8

from a consumer under paragraph (1) or

9placing a borrower in automatic forbear-

10

ance under paragraph (2), a servicer shall11

provide the forbearance for not less than12

180 days, and an additional 180 days at13

the request of the borrower, provided that14

the borrower will have the option to dis-

15

continue the forbearance at any time.

16‘‘(ii) PROHIBITION

ON

FEES,

PEN-

17

ALTIES, AND INTEREST.—During

18

riod of a forbearance under this sub-19

section, no fees, penalties or additional in-20

terest beyond the amounts scheduled or21

calculated as if the borrower made all con-22

tractual payments on time and in full23

under the terms of the mortgage contract24

in effect at the time the borrower enters

25

into the forbearance shall accrue.

the pe-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML373
1‘‘(iii) TREATMENT OF ESCROW PAY-

2

MENTS.—If

3

under this subsection is required to make4

payments to an escrow account, the5servicer shall pay or advance the escrow6

disbursements in a timely manner (defined7

as on or before the deadline to avoid a8penalty), regardless of the status of the

9borrower’s payments. The servicer may col-10lect any resulting escrow shortage or defi-

11

ciency from the borrower after the forbear-

12

ance period ends, in a lump sum payment,

13

spread over 60 months, or capitalized into

14

the loan, at the borrower’s election.’’.

15

a borrower in forbearance(d) NOTIFICATION OF LANGUAGE ASSISTANCE AND

16 HOUSING COUNSELING.—Section 6 of the Real Estate
17 Settlement Procedures Act of 1974 (12 U.S.C. 2605), as
18 amended by subsection (c), is further amended by adding
19 at the end the following:
20‘‘(o) NOTIFICATION OF LANGUAGE ASSISTANCE AND

21 HOUSING COUNSELING.—
22‘‘(1) IN GENERAL.—The Federal Housing Fi-

23

nance Agency shall, within 30 days of the date of

24

enactment of this Act, make available a document

25

providing notice of the availability of language as-

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374
1

sistance and housing counseling in substantially the2same form, and in at least the same languages, as

3the existing Language Translation Disclosure.

4‘‘(2) MINIMUM REQUIREMENT.—The document

5

described under subsection (a) shall include the no-6

tice in at least all the languages for which Federal

7

Housing Finance Agency currently has translations

8

on its existing Language Translation Disclosure

9

available.

10‘‘(3) PROVISION TO SERVICERS.—The Federal

11

Housing Finance Agency shall make this document

12

available to servicers to fulfill their requirements

13

under subsection (n).’’.

14(e) UNITED STATES DEPARTMENT OF AGRICULTURE

15 DIRECT LOAN PROGRAM.—Section 505 of the Housing
16 Act of 1949 (42 U.S.C. 1475) is amended—17(1) by redesignating subsection (b) as sub-18

section (c); and19(2) by inserting after subsection (a) the fol-20

lowing:21‘‘(b) LOAN MODIFICATION.—

22‘‘(1) IN GENERAL.—The Secretary shall imple-

23

ment a loan modification program to modify the24terms of outstanding loans for borrowers who face25

financial hardship.

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375
1

‘‘(2)

AFFORDABLEPAYMENTS.—The

Sec-

2

retary’s loan modification program under paragraph3(1) shall be designed so as to provide affordable pay-4

ments for borrowers. In defining ‘affordable pay-5

ments’ the Secretary shall consult definitions of af-

6

fordability promulgated by the Federal Housing Fi-

7

nance Authority, the Department of Housing and

8

Urban Development, and the Bureau of Consumer

9

Financial Protection.

10‘‘(3) ADDITIONAL PROGRAM REQUIREMENTS.—

11The Secretary’s loan modification program under

12

paragraph (1) shall allow for measures including ex-

13

tension of the remaining loan term to up to 480

14months and a reduction in interest rate to the mar-15

ket interest rate as defined by regulations of the16

Secretary. The modification program shall be avail-17

able for borrowers in a moratorium and for bor-

18

rowers not already in a moratorium who qualify

19

under the terms established by the Secretary. The

20

Secretary may also establish reasonable additional

21

measures for providing affordable loan modifications

22

to borrowers’’;23(3) in subsection (c), as so redesignated, by

24

adding at the end the following: ‘‘Acceleration of the25

promissory note and initiation of foreclosure pro-

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1ceedings shall not terminate a borrower’s eligibility

2

for a moratorium, loan reamortization, special serv-

3

icing, or other foreclosure alternative.’’; and4(4) by adding at the end the following:

5‘‘(d) REQUIREMENT.—The Secretary shall comply

6 with subsection (k)(1), (n), and (o) of section 6 of the
7 Real Estate Settlement Procedures Act of 1974 with re8 spect to any single-family loans it holds or services.’’.
9(f) FORBEARANCEOF

RESIDENTIAL MORTGAGE

10 LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES (5+11 UNITS).—
12(1) IN

GENERAL.—During

the COVID–19

13

emergency, a multifamily borrower experiencing a fi-

14nancial hardship due, directly or indirectly, to the15

COVID–19 emergency may request a forbearance

16

under the terms set forth in this section.

17(2) REQUEST FOR RELIEF.—A multifamily bor-

18

rower may submit a request for forbearance under19

paragraph (1) to the borrower’s servicer, either oral-

20

ly or in writing, affirming that the multifamily bor-

21

rower is experiencing hardship during the COVID–

22

19 emergency.

23(3) FORBEARANCE PERIOD.—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML377
1(A) IN GENERAL.—Upon receipt of an oral

2

or written request for forbearance from a multi-

3

family borrower, a servicer shall—

4(i) document the financial hardship;

5(ii) provide the forbearance for not

6

less than 180 days; and7(iii) provide the forbearance for an ad-

8

ditional 180 days upon the request of the

9borrower at least 30 days prior to the end

10of the forbearance period described under11

subparagraph (A).

12

(B) RIGHT TO DISCONTINUE.—A multi-

13

family borrower shall have the option to dis-

14

continue the forbearance at any time.

15(4) RENTER PROTECTIONS.—During the term

16

of a forbearance under this section, a multifamily

17borrower may not—18(A) evict a tenant for nonpayment of rent;

19

or

20

(B) apply or accrue any fees or other pen-21

alties on renters for nonpayment of rent.

22(5) OBLIGATION TO BRING THE LOAN CUR-

23

RENT.—A

24

placed in forbearance under this section current

25

within the earlier of—multifamily borrower shall bring a loan

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378
1(A) 12 months after the conclusion of the2forbearance period; or

3(B) receipt of any business interruption in-4surance proceeds by the multifamily borrower.

5(6) DEFINITION.—For the purposes of this sub-6

section, the term ‘‘multifamily borrower’’ means a7borrower of a residential mortgage loan that is se-8

cured by a lien against a property comprising five or

9more dwelling units.

10(g) FEDERAL RESERVE CREDIT FACILITY

FOR

11 MORTGAGE SERVICERS.—
12(1) IN GENERAL.—The Board of Governors of

13

the Federal Reserve System and the Secretary of the

14

Treasury, pursuant to the authority granted under15

section 13(3) of the Federal Reserve Act, directly

16(or indirectly through an intermediary, such as the17

Federal National Mortgage Association, the Federal

18Home Loan Mortgage Corporation, the Government

19

National Mortgage Association, an insured deposi-

20

tory institution, non-depository lending institution,21

or a special purpose vehicle)—

22

(A)

shall

extendcredittomortgage

23

servicers and other obligated advancing parties

24

that in each case have liquidity needs due to the25

COVID–19 emergency or compliance with this

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML379
1

Act with respect to mortgage loans (the ‘‘af-2

fected mortgages’’); and3(B) may extend further credit to mortgage

4servicers for other liquidity needs due to the ac-5tual or imminent delinquency or default on

6

mortgage loans due to the COVID–19 emer-

7

gency.

8(2) NON-COMPLIANT SERVICERS.—A mortgage

9servicer shall not be eligible for assistance under10

paragraph (1) if the provider is in violation of any

11requirement under this Act, and fails to promptly

12

cure any such violation upon notice or discovery

13

thereof.

14(3) PAYMENTS AND PURCHASES.—Credit ex-

15

tended under paragraph (1)(A) shall be in an

16

amount sufficient to—17(A) cover—18(i) the pass-through payment of prin-19

cipal and interest to mortgage-backed se-20

curities holders;

21(ii) the payment of taxes and insur-

22

ance to third parties; and23(iii) the temporary reimbursement of

24

modification costs and fees due to servicers

25that will be deferred until such time as a

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380
1forbearance period terminates, due in each2case on, or in respect of, such affected3

mortgage loans or related mortgage-backed

4

securities;

5(B) purchase affected mortgages from6pools of securitized mortgages

7(4) COLLATERAL.—The credit authorized by

8

this section shall be secured by the pledgor’s interest

9in accounts receivable, loans, or related interests re-10

sulting from the payment advances made on the af-

11fected mortgages by the mortgage servicers.

12(5) CREDIT SUPPORT.—The Secretary of the13

Treasury shall provide credit support to the Board

14

of Governors of the Federal Reserve System for the15

program required by this section.

16(6) CONFLICT WITH OTHER LAWS.—Notwith-17

standing any Federal or State law to the contrary,18

the Federal National Mortgage Association, the Fed-19

eral Home Loan Mortgage Corporation, and the20

Government National Mortgage Association may

21

permit the pledge or grant of a security interest in

22

the pledgor’s interest in such accounts receivable or23loans or related interests and honor or permit the24

enforcement of such pledge or grant in accordance25

with its terms.

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381
1(7) DURATION.—The extension of credit by the2

Board of Governors of the Federal Reserve System3and credit support from the Secretary of the Treas-4

ury under this section shall be available until the5later of—6(A) 6 months after the end of the COVID–

7

19 emergency; and

8(B) the date on which on the Board of

9

Governors of the Federal Reserve System and10

the Secretary of the Treasury determine such

11

credit and credit support should no longer be

12available to address the liquidity concern ad-

13

dressed by this section.

14(8) AMENDMENTSTO

NATIONAL

15

ACT.—Section

16

Act (12 U.S.C. 1721(g)(1)) is amended—

HOUSING306(g)(1) of the National Housing

17(A) by inserting the following new sentence

18

after the fourth sentence in the paragraph: ‘‘In19

any case in which (I) the President declares a20

major disaster or emergency for the nation or21

any area that in either case has been affected22

by damage or other adverse effects of sufficient

23

severity and magnitude to warrant major dis-

24

aster assistance under the Robert T. Stafford

25

Disaster Relief and Emergency Assistance Act

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382
1

or other Federal law, (II) upon request of an

2

Issuer of any security, the Association elects to3extend to the Issuer one or more of the disaster4

assistance or emergency programs that the As-

5sociation determines to be available to account6

for the Issuer’s failure or anticipated failure to7

receive from the mortgagor the full amount of8

principal and interest due, then (III) the Asso-9

ciation may elect not to declare the Issuer to be

10

in default because of such request for such dis-

11

aster or emergency assistance.’’;12(B) by inserting after the word ‘‘issued’’ in13

the sixth sentence, as redesignated, the fol-14

lowing: ‘‘subject to any pledge or grant of secu-

15

rity interest of the pledgor’s interest in and to16

any such mortgage or mortgages or any interest

17

therein and the proceeds thereon, which the As-

18

sociation may elect to approve;’’; and19(C) by inserting after the word ‘‘issued’’ in20

the seventh sentence, as redesignated, the fol-21

lowing: ‘‘, or (D) its approval and honoring of

22

any pledge or grant of security interest of the23

pledgor’s interest in and to any such mortgage

24

or mortgages or any interest therein and pro-25

ceeds thereon.’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML3831(h) SAFE HARBOR.—

2(1) IN GENERAL.—Notwithstanding any other3

provision of law, whenever a servicer of residential

4mortgages of residential mortgage-backed securi-

5

ties—

6

(A) grants a borrower relief under section

7

6(n) and 6(p) of the Real Estate Settlement

8

Procedures Act of 1974 with respect to a resi-

9

dential mortgage originated before April 1,

10

2020,

11

securitization or other investment vehicle, andincludingamortgage

held

in

a

12

(B) the servicer or trustee or issuer owes

13

a duty to investors or other parties regarding14

the standard for servicing such mortgage,

15

the servicer shall be deemed to have satisfied the16such a duty, and the servicer shall not be liable to17

any party who is owed such a duty and shall not be

18

subject to any injunction, stay, or other equitable re-19lief to such party, based upon its good faith compli-

20

ance with the provisions of 6(n) and 6(p) of the Real21

Estate Settlement Procedures Act of 1974. Any per-22

son, including a trustee or issuer, who cooperates

23

with a servicer when such cooperation is necessary

24

for the servicer to implement the provisions of 6(n)25and 6(p) of the Real Estate Settlement Procedures

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384
1

Act of 1974 shall be protected from liability in the2same manner.

3(2) STANDARD INDUSTRY PRACTICE.—Compli-

4

ance with 6(n) and 6(p) of the Real Estate Settle-

5

ment Procedures Act of 1974 during the COVID–19

6

emergency shall constitute standard industry prac-

7

tice for purposes of all Federal and State laws.

8

(3)

9

section—DEFINITIONS.—As

used

in

this

sub-

10

(A) the term ‘‘servicer’’ has the meaning

11

given that term under section 6(i)(2) of the

12

Real Estate Settlement Procedures Act of 1974

13

(12 U.S.C. 2605(i)(2)); and

14(B) the term ‘‘securitization vehicle’’ has

15

the meaning given that term under section

16

129A(f)(3) of the Truth in Lending Act (1517

U.S.C. 1639a(f)(3)).

18(4) RULE OF CONSTRUCTION.—No provision of19

paragraph (1) or (2) shall be construed as affecting

20

the liability of any servicer or person for actual

21

fraud in servicing of a loan or for the violation of

22

a State or Federal law.

23(i) POST-PANDEMIC MORTGAGE REPAYMENT OP-

24

TIONS.—Section 6 of the Real Estate Settlement Proce-

25 dures Act of 1974 (12 U.S.C. 2605), as amended by sub-

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385
1 section (d), is further amended by adding at the end the
2 following:34‘‘(p) POST-PANDEMIC MORTGAGE REPAYMENT OPTIONS.—With

respect to a federally related residential

5 mortgage loan, before the end of any forbearance provided
6 under subsection (n), servicers shall—
7‘‘(1) evaluate the borrower’s ability to return to8making regular mortgage payments;

9‘‘(2) if the borrower is able to return to making

10

regular mortgage payments at the end of the for-11

bearance period—

12‘‘(A) modify the borrower’s loan to extend

13

the term for the same period as the length of14

the forbearance, with all payments that were15

not made during the forbearance distributed at16

the same intervals as the borrower’s existing

17

payment schedule and evenly distributed across18

those intervals, with no penalties, late fees, ad-19

ditional interest accrued beyond the amounts

20

scheduled or calculated as if the borrower made21

all contractual payments on time and in full

22

under the terms of the mortgage contract in ef-

23

fect at the time the borrower entered into the24forbearance, and with no modification fee

25

charged to the borrower; or

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386
1‘‘(B) if the borrower elects to modify the2loan to capitalize a resulting escrow shortage or3

deficiency, the servicer may modify the bor-

4

rower’s loan by re-amortizing the principal bal-

5

ance and extending the term of the loan suffi-

6cient to maintain the regular mortgage pay-

7

ments; and8‘‘(C) notify the borrower in writing of the9extension, including provision of a new payment

10

schedule and date of maturity, and that the11borrower shall have the election of prepaying

12

the suspended payments at any time, in a lump13

sum or otherwise;

14‘‘(3) if the borrower is financially unable to re-15

turn to making periodic mortgage payments as pro-16

vided for in the mortgage contract at the end of the17

COVID–19 emergency—

18‘‘(A) evaluate the borrower for all loan

19

modification options, without regard to whether

20

the borrower has previously requested, been of-21

fered, or provided a loan modification or other22

loss mitigation option and without any require-23

ment that the borrower come current before

24

such evaluation or as a condition of eligibility

25

for such modification, including—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML3871‘‘(i) further extending the borrower’s

2

repayment period;

3‘‘(ii) reducing the principal balance of4

the loan; or5‘‘(iii) other modification or loss miti-

6

gation options available to the servicer

7

under the terms of any investor require-8

ments and existing laws and policies; and9‘‘(B) if the borrower qualifies for such a10

modification, the service shall offer a loan with

11

such terms as to provide a loan with such terms

12

as to provide an affordable payment, with no13

penalties, late fees, additional interest beyond

14

the amounts scheduled or calculated as if the15

borrower made all contractual payments on

16time and in full under the terms of the mort-

17

gage contract in effect at the time the borrower

18

entered into the forbearance, and with no modi-

19

fication fees charged to the borrower; and20‘‘(4) if a borrower is granted a forbearance on

21

payments that would be owed pursuant to a trial

22

loan modification plan—

23‘‘(A) any forbearance of payments shall24

not be treated as missed or delinquent pay-

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388
1

ments or otherwise negatively affect the bor-

2

rower’s ability to complete their trial plan;

3‘‘(B) any past due amounts as of the end

4of the trial period, including unpaid interest,

5

real estate taxes, insurance premiums, and as-

6

sessments paid on the borrower’s behalf, will be7

added to the mortgage loan balance, but only to

8

the extent that such charges are not fees associ-9

ated with the granting of the forbearance, such10

as late fees, modification fees, or unpaid inter-11

est from the period of the forbearance beyond

12

the amounts scheduled or calculated as if the

13

borrower made all contractual payments on

14time and in full under the terms of the mort-

15

gage contract in effect at the time the borrower

16

entered into the forbearance; and17‘‘(C) if the borrower is unable to resume

18

payments on the trial modification at the end of19

the forbearance period, re-evaluate the borrower

20

for all available loan modifications under para-

21

graph 3, without any requirement that the bor-

22

rower become current before such evaluation or23

as a condition of eligibility for such modifica-

24

tion.’’.

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1(j) CLAIMS OF AFFECTED INVESTORS AND OTHER

2 PARTIES.—Any action asserting a taking under the Fifth
3 Amendment to the Constitution of the United States as
4 a result of this subsection shall be brought not later than
5 180 days after the end of the COVID–19 emergency.
6(k) EXTENSION OF THE GSE PATCH.—The Director

7 of the Bureau of Consumer Financial Protection shall re8 vise section 1026.43(e)(4)(iii)(B) of title 12, Code of Fed9 eral Regulations, to extend the sunset of the special rule
10 provided under such section 1026.43(e)(4) until January
11 1, 2022, or such later date as may be determined by the
12 Bureau.
13(l) DEFINITIONS.—In this section:

14

(1)

COVID–19

EMERGENCY.—The

term

15

‘‘COVID–19 emergency’’ means the period that be-

16

gins upon the date of the enactment of this Act and17ends on the date of the termination by the Federal

18

Emergency Management Agency of the emergency

19

declared on March 13, 2020, by the President under20

the Robert T. Stafford Disaster Relief and Emer-

21

gency Assistance Act (42 U.S.C. 4121 et seq.) relat-

22

ing to the Coronavirus Disease 2019 (COVID–19)

23

pandemic.

24(2) MANUFACTURED HOME.—The term ‘‘manu-

25

factured home’’has the meaning given that term

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390
1under section 603 of the National Manufactured

2

Housing Construction and Safety Standards Act of

31974 (42 U.S.C. 5402).

4(3) MOTOR VEHICLE.—The term ‘‘motor vehi-

5cle’’ has the meaning given that term under Section

61029(f) of the Consumer Financial Protection Act of

72010 (12 U.S.C. 5519(f)).

8(4) RESIDENTIAL MORTGAGE LOAN.—The term

9‘‘residential mortgage loan’’ means any consumer

10

credit transaction that is secured by a mortgage,11

deed of trust, or other equivalent consensual security

12

interest on residence consisting of a single dwelling

13

unit that is occupied by the mortgagor.

14

SEC. 110. BANKRUPTCY PROTECTIONS.

15(a) INCREASING THE HOMESTEAD EXEMPTION.—

16(1) HOMESTEAD EXEMPTION.—Section 522 of

17

title 11, United States Code, is amended—

18(A) in subsection (d)(1), by striking

19‘‘$15,000’’ and inserting ‘‘$100,000’’; and20(B) by adding at the end the following:

21‘‘(r) Notwithstanding any other provision of applica-

22 ble nonbankruptcy law, a debtor in any State may exempt
23 from property of the estate the property described in sub24 section (d)(1) not to exceed the value in subsection (d)(1)

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391
1 if the exemption for such property permitted by applicable
2 nonbankruptcy law is lower than that amount.’’.
3(b) EFFECT OF MISSED MORTGAGE PAYMENTS ON

4 DISCHARGE.—Section 1328 of title 11, United States
5 Code, is amended by adding at the end the following:
6‘‘(i) A debtor shall not be denied a7discharge under this section because, as of8

the date of discharge, the debtor did not

9

make 6 or fewer payments directly to the10

holder of a debt secured by real property.

11‘‘(j) Notwithstanding subsections (a) and (b), upon

12 the debtor’s request, the court shall grant a discharge of
13 all debts provided for in the plan that are dischargeable
14 under subsection (a) if the debtor—
15‘‘(1) has made payments under a confirmed

16plan for at least 1 year; and17‘‘(2) is experiencing a loss of income or increase18

in expenses due, directly or indirectly, to the19coronavirus disease 2019 (COVID–19) pandemic.’’.

20(c) MODIFICATION OF CHAPTER 13 PLAN DUE TO

21 HARDSHIP CAUSED BY COVID-19 PANDEMIC.—Section
22 1329 of title 11, United States Code, is amended by add23 ing at end the following:

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML3921‘‘(d)(1) Subject to paragraph (3), for cases confirmed

2 prior to the date of enactment of this subsection, the plan
3 may be modified upon the request of the debtor if—
4‘‘(A) the debtor is experiencing or has ex-5perienced a material financial hardship due, di-6

rectly or indirectly, to the coronavirus disease7

2019 (COVID–19) pandemic; and8‘‘(B) the modification is approved after no-9

tice and a hearing.

10‘‘(2) A modification under paragraph (1) may

11

include extending the period of time for payments on

12claims not later than 7 years after the date on which13

the first payment under the original confirmed plan14

was due.

15‘‘(3) Sections 1322(a), 1322(b), 1323(c), and16

the requirements of section 1325(a) shall apply to17

any modification under paragraph (1).’’.

18(d) APPLICABILITY.—

19(1) The amendments made by subsections (a)20

and (b) shall apply to any case commenced before,

21

on, or after the date of enactment of this Act.

22(2) The amendment made by subsection (c)23shall apply to any case for which a plan has been

24

confirmed under section 1325 of title 11, United

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML393
1

States Code, before the date of enactment of this

2

Act.

3

SEC. 111. DEBT COLLECTION.

4(a) TEMPORARY DEBT COLLECTION MORATORIUM

5 DURING THE COVID–19 EMERGENCY PERIOD.—
6(1) IN GENERAL.—The Fair Debt Collection

7

Practices Act (15 U.S.C. 1692 et seq.) is amended

8

by inserting after section 812 the following:

9 ‘‘§ 812A. Temporary debt collection moratorium dur10

ing the COVID–19 emergency period

11‘‘(a) DEFINITIONS.—In this section:

12‘‘(1) CONSUMER.—The term ‘consumer’ means

13

any natural person obligated or allegedly obligated14

to pay any debt.

15‘‘(2) COVID–19

EMERGENCYPERIOD.—The

16

term ‘COVID–19 emergency period’ means the pe-

17

riod that begins upon the date of the enactment of

18

this Act and ends upon the date of the termination

19

by the Federal Emergency Management Administra-

20

tion of the emergency declared on March 13, 2020,

21

by the President under the Robert T. Stafford Dis-

22

aster Relief and Emergency Assistance Act (4223

U.S.C. 4121 et seq.) relating to the Coronavirus

24

Disease 2019 (COVID–19) pandemic.

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1‘‘(3) CREDITOR.—The term ‘creditor’ means2

any person who offers or extends credit creating a3

debt or to whom a debt is owed or other obligation

4of payment.

5‘‘(4) DEBT.—The term ‘debt’—

6‘‘(A) means any past due obligation or al-7

leged obligation of a consumer, non-profit orga-

8

nization, or small business to pay money—

9‘‘(i) arising out of a transaction in10

which the money, property, insurance, or

11services which are the subject of the trans-

12

action are primarily for personal, family,

13

business, non-profit, or household pur-14

poses, whether or not such obligation has

15

been reduced to judgment;

16‘‘(ii) owed to a local, State, or Federal

17

government;

18‘‘(B) does not include federally related

19

mortgages (as defined under section 3 of the20

Real Estate Settlement Procedures Act of211974) unless a deficiency judgment has been

22

made with respect to such federally related

23

mortgage.

24‘‘(5) DEBT COLLECTOR.—The term ‘debt col-25

lector’ includes a creditor and any person or entity

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395
1that engages in the collection of debt (including the2Federal Government or a State government) whether

3

or not the debt is allegedly owed to or assigned to4that person or entity.

5‘‘(6) DEPOSITORY INSTITUTION.—The term ‘de-6

pository institution’—7‘‘(A) has the meaning given that term

8

under section 3 of the Federal Deposit Insur-

9

ance Act; and

10‘‘(B) means a Federal or State credit

11

union (as such terms are defined, respectively,

12

under section 101 of the Federal Credit Union

13

Act.)

14

‘‘(7) NON-PROFITORGANIZATION.—The

term

15

‘non-profit organization’ means an organization de-16

scribed in section 501(c)(3) of the Internal Revenue

17

Code of 1986 and exempt from taxation under sub-18

section (a) of such section.

19‘‘(8) SMALL BUSINESS.—The term ‘small busi-

20

ness’ has the meaning given the term ‘small business

21

concern’ under section 3 of the Small Business Act

22(15 U.S.C. 632).

23‘‘(b) PROHIBITIONS.—Notwithstanding any other24 provision of law, during COVID–19 emergency period and

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1 the 120-day period immediately following, a debt collector
2 is prohibited from—
3‘‘(1) capitalizing or adding extra interest or fees4

triggered by the non-payment of an obligation by a5

consumer, small business, or non-profit organization6

to the balance of an account;7‘‘(2) suing or threatening to sue a consumer,

8

small business, or non-profit for a past-due debt;

9‘‘(3) continuing litigation initiated before the10date of enactment of this section to collect a debt

11

from a consumer, small business, or non-profit orga-

12

nization;

13‘‘(4) enforcing a security interest, including

14

through repossession or foreclosure, against a con-15

sumer, small business, or non-profit organization;

16‘‘(5) reporting a past due debt of a consumer,

17

small business, or non-profit organization to a con-18

sumer reporting agency;

19‘‘(6) taking or threatening to take any action to20

enforce collection, or any adverse action against a21

consumer, small business, or non-profit organization

22

for non-payment or for non-appearance at any hear-23

ings related to a debt;

24‘‘(7) except with respect to enforcing an order25

for child support or spousal support, initiating or

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397
1continuing any action to cause or to seek to cause2

the collection of a debt from wages, Federal benefits,

3

or other amounts due to a consumer, small business,4

or non-profit organization, by way of garnishment,

5

deduction, offset, or other seizure, or to cause or

6

seek to cause the collection of a debt by seizing

7

funds from a bank account or any other assets held8

by such consumer, small business, or non-profit or-

9ganization;

10‘‘(8) in the case of action or collection described

11

under paragraph (7) that was initiated prior to the12

beginning of the date of such disaster or emergency,

13

failing to suspend the action or collection until 120

14days after the end of the COVID–19 emergency pe-

15

riod;

16

‘‘(9) upon the termination of the incident period17

for such disaster or emergency, failing to extend the18time period to pay an obligation by one payment pe-

19

riod for each payment that a consumer, small busi-

20

ness, or non-profit organization missed during the21

incident period, with the payments due in the same22

amounts and at the same intervals as the pre-exist-

23

ing payment schedule of the consumer, small busi-

24

ness, or non-profit organization (as applicable) or, if

25

the debt has no payment periods, allow the con-

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398
1

sumer, small business, or non-profit a reasonable

2

time in which to repay the debt in affordable pay-3

ments;

4‘‘(10) disconnecting a consumer, small business,5

or non-profit organization from a utility prepaid or6

post-paid electricity, natural gas, telecommuni-

7

cations, broadband, water, or sewer service; or8‘‘(11) exercising a right to set off provision con-9tained in any consumer, small business, or non-prof-10

it organization account agreement with a depository

11

institution.

12‘‘(c) VIOLATION.—Any person who violates a provi-

13 sion of this section shall—
14‘‘(1) be treated as a debt collector for purposes

15

of section 813; and16‘‘(2) be liable to the consumer, small business,17

or non-profit organization an amount equal to 10

18

times the damages allowed under section 813 for19

each such violation.’’.

20(2) TABLE OF CONTENTS AMENDMENT.—The21

table of contents at the beginning of the Fair Debt

22

Collection Practices Act (15 U.S.C. 1692 et seq.) is23

amended by inserting after the item relating to sec-

24

tion 812 the following new item:‘‘812A. Temporary debt collection moratorium during the COVID–19 emergency
period.’’.

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1(b) CONFESSIONS OF JUDGMENT PROHIBITION.—

2(1) IN GENERAL.—Chapter 2 of the Truth in3

Lending Act (15 U.S.C. 1631 et seq.) is amended—

4(A) by adding at the end the following:

5 ‘‘§ 140B. Confessions of judgment prohibition
6‘‘(a) IN GENERAL.—During a period described under

7 section 812A(b) of the Fair Debt Collection Practices Act,
8 no person may directly or indirectly take or receive from
9 another person or seek to enforce an obligation that con10 stitutes or contains a cognovit or confession of judgment
11 (for purposes other than executory process in the State
12 of Louisiana), warrant of attorney, or other waiver of the
13 right to notice and the opportunity to be heard in the
14 event of suit or process thereon.
15‘‘(b) EXEMPTION.—The exemption in section 104(1)16 shall not apply to this section.
17‘‘(c) DEBT DEFINED.—In this section, the term

18 ‘debt’ means any obligation of a person to pay to another19 person money—
20‘‘(1) regardless of whether the obligation is ab-

21

solute or contingent, if the understanding between

22

the parties is that any part of the money shall be

23

or may be returned;

24‘‘(2) that includes the right of the person pro-25

viding the money to an equitable remedy for breach

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4001

of performance if the breach gives rise to a right to2

payment; and3‘‘(3) regardless of whether the obligation or

4right to an equitable remedy described in paragraph5(2) has been reduced to judgment or is fixed, contin-

6gent, matured, unmatured, disputed, undisputed, se-7

cured, or unsecured.’’; and

8(B) in the table of contents for such chap-

9ter, by adding at the end the following:‘‘140B. Confessions of judgment prohibition.’’.

10

(2)

CONFORMINGAMENDMENT.—Section

11

130(a) of the Truth in Lending Act (15 U.S.C.

121640(a)) is amended by adding at the end the fol-13

lowing: ‘‘For purposes of this section, the term

14‘creditor’ refers to any person charged with compli-

15

ance.’’.

16

SEC. 112. DISASTER PROTECTION FOR WORKERS’ CREDIT.

17(a) PURPOSE.—The purpose of this section, and the

18 amendments made by this section, is to protect consumers’
19 credit from negative impacts as a result of financial hard20 ship due to the coronavirus disease (COVID–19) outbreak
21 and future major disasters.
22(b) REPORTING OF INFORMATION DURING MAJOR

23 DISASTERS.—

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4011(1) IN GENERAL.—The Fair Credit Reporting2

Act is amended by inserting after section 605B the3following:

4 ‘‘§ 605C. Reporting of information during major disas5

ters

6

‘‘(a) DEFINITIONS.—In this section:

7‘‘(1) COVID–19

EMERGENCYPERIOD.—The8

term ‘COVID–19 emergency period’ means the pe-

9riod beginning on the date of enactment of this sec-

10

tion and ending on the later of—

11‘‘(A) 120 days after the date of enactment

12of this section; or

13‘‘(B) 120 days after the date of termi-

14

nation by the Federal Emergency Management

15

Administration of the emergency declared on

16

March 13, 2020, by the President under the17

Robert T. Stafford Disaster Relief and Emer-

18

gency Assistance Act (42 U.S.C. 4121 et seq.)

19

relating to the Coronavirus Disease 201920

(COVID–19) pandemic.

21‘‘(2) COVERED MAJOR DISASTER PERIOD.—The22

term ‘covered major disaster period’ means—

23‘‘(A) the period beginning on the date on24

which a major disaster is declared by the Presi-

25

dent under section 401 of the Robert T. Staf-

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402
1ford Disaster Relief and Emergency Assistance2

Act (42 U.S.C. 5170), under which assistance3

is authorized under section 408 of such Act (424

U.S.C. 5174), and ending on the date that is5

120 days after the end of the incident period

6

designated in such declaration; or

7‘‘(B) the period ending 120 days after the8date of termination by the Federal Emergency

9Management Administration of the emergency

10

declared on March 13, 2020, by the President

11

under the Robert T. Stafford Disaster Relief

12and Emergency Assistance Act (42 U.S.C. 4121

13

et seq.) relating to the Coronavirus Disease

14

2019 (COVID–19) pandemic.

15‘‘(3) MAJOR DISASTER.—The term ‘major dis-

16

aster’ means a major disaster declared by the Presi-

17

dent under section 401 of the Robert T. Stafford

18

Disaster Relief and Emergency Assistance Act (4219

U.S.C. 5170),

20

under section 408 of such Act (42 U.S.C. 5174)

21‘‘(b) MORATORIUM ON FURNISHING ADVERSE IN-

22

FORMATION DURING COVID–19 EMERGENCY PERIOD.—

under which assistance is authorized

23 No person may furnish any adverse item of information
24 (except information related to a felony criminal conviction)
25 relating to a consumer that was the result of any action

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403
1 or inaction that occurred during the COVID–19 emer2 gency period.
3‘‘(c) MORATORIUM ON FURNISHING ADVERSE INFOR-

4

MATION DURING COVERED MAJOR DISASTER PERIOD.—

5 No person may furnish any adverse item of information
6 (except information related to a felony criminal conviction)
7 relating to a consumer that was the result of any action
8 or inaction that occurred during a covered major disaster9 period if the consumer is a resident of the affected area
10 covered by a declaration made by the President under sec11 tion 401 of the Robert T. Stafford Disaster Relief and
12 Emergency Assistance Act (42 U.S.C. 5170), under which
13 assistance is authorized under section 408 of such Act (4214 U.S.C. 5174).
15‘‘(d) INFORMATION EXCLUDED FROM CONSUMER

16 REPORTS.—In addition to the information described in
17 section 605(a), no consumer reporting agency may make18 any consumer report containing an adverse item of infor19 mation (except information related to a felony criminal
20 conviction) reported relating to a consumer that was the
21 result of any action or inaction that occurred during the
22 COVID–19 emergency period or a covered major disaster23 period, and as applicable under subsection (f)(3), for 270
24 days after the expiration of the applicable period.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML4041‘‘(e) SUMMARY OF RIGHTS.—Not later than 60 days

2 after the date of enactment of this subsection, the Bureau
3 shall update the model summary of rights under section
4 609(c)(1) to include a description of the right of a con5 sumer to—6‘‘(1) request the deletion of adverse items of in-

7

formation under subsection (f); and8‘‘(2) request a consumer report or score, with-9out charge to the consumer, under subsection (g).

10‘‘(f) DELETION OF ADVERSE ITEMS OF INFORMA-

11

TION

RESULTING FROMTHE

CORONAVIRUS DISEASE

12 (COVID–19) OUTBREAK AND MAJOR DISASTERS.—
13‘‘(1) REPORTING.—

14‘‘(A) IN

GENERAL.—Notlater than 60

15days after the date of enactment of this sub-16

section, the Bureau shall create a website for

17

consumers to report, under penalty of perjury,

18

economic

19

coronavirus disease (COVID–19) outbreak or a20

major disaster (if the consumer is a resident of21

the affected area covered by such major dis-

22

aster) for the purpose of extending credit report

23

protection for an additional 270 days after the24

end of the COVID–19 emergency period or cov-

25

ered major disaster period, as applicable.

hardshipasaresultofthe

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1

DOCUMENTATION.—The

‘‘(B)

2

Bureaushall—

3‘‘(i) not require any documentation

4

from a consumer to substantiate the eco-5

nomic hardship; and6‘‘(ii) provide notice to the consumer

7

that a report under subparagraph (A) is

8

under penalty of perjury.

9‘‘(C) REPORTING

PERIOD.—A

consumer10

may report economic hardship under subpara-

11

graph (A) during the COVID–19 emergency pe-

12riod or a covered major disaster period, as ap-

13

plicable, and for 60 days thereafter.

14‘‘(2) DATABASE.—The Bureau shall establish

15

and maintain a secure database that—

16‘‘(A) is accessible to each consumer report-

17

ing agency described in section 603(p) and na-

18

tionwide specialty consumer reporting agency

19

for purposes of fulfilling their duties under

20

paragraph (3) to check and automatically delete21

any adverse item of information (except infor-

22

mation related to a felony criminal conviction)

23

reported that occurred during the COVID–19

24

emergency period or a covered major disaster25

period with respect to a consumer; and

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406
1‘‘(B) contains the information reported

2

under paragraph (1).

3‘‘(3) DELETION OF ADVERSE ITEMS OF INFOR-

4

MATION

5

AND NATIONWIDE SPECIALTY CONSUMER REPORT-6

ING AGENCIES.—

7‘‘(A) IN

BY

NATIONWIDECONSUMER

GENERAL.—Each

REPORTING

consumer re-8

porting agency described in section 603(p) and9each nationwide specialty consumer reporting

10

agency shall, using the information contained in11

the database established under paragraph (2),12delete from the file of each consumer named in13

the database each adverse item of information

14(except information related to a felony criminal

15

conviction) that was a result of an action or in-

16

action that occurred during the COVID–19

17

emergency period or a covered major disaster18

period up to 270 days following the end of the

19such period.

20‘‘(B) TIMELINE.—Each consumer report-

21

ing agency described in section 603(p) and each22

nationwide specialty consumer reporting agency

23

shall check the database at least weekly and de-24lete adverse items of information as soon as

25practicable after information that is reported

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1

under paragraph (1) appears in the database2

established under paragraph (2).

3‘‘(4) REQUEST4ITEMS OF INFORMATION.—

FOR DELETION OF ADVERSE

5‘‘(A) IN GENERAL.—A consumer who has

6

filed a report of economic hardship with the7

Bureau may submit a request, without charge

8

to the consumer, to a consumer reporting agen-9

cy to delete from the consumer’s file an adverse

10

item of information (except information related

11

to a felony criminal conviction) that was a re-12

sult of an action or inaction that occurred dur-

13

ing the COVID–19 emergency period or a cov-

14

ered major disaster period up to 270 days fol-15

lowing the end of the such period.

16‘‘(B) TIMING.—A consumer may submit a17

request under subparagraph (A), not later than18

270-day period described in that subparagraph.

19‘‘(C) REMOVAL AND NOTIFICATION.—Upon20

receiving a request under this paragraph to de-21lete an adverse item of information, a consumer

22

reporting agency shall—

23‘‘(i) delete the adverse item of infor-

24

mation (except information related to a fel-

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408
1

ony criminal conviction) from the con-2

sumer’s file; and3‘‘(ii) notify the consumer and the fur-4

nisher of the adverse item of information

5of the deletion.

6‘‘(g) FREE CREDIT REPORT AND SCORES.—

7‘‘(1) IN

GENERAL.—During

the COVID–19

8

emergency period or a covered major disaster period

9and ending 12 months after the expiration of the10

COVID–19 emergency period or covered major dis-

11

aster period, as applicable, each consumer reporting

12

agency as described under 603(p) and nationwide

13

specialty consumer reporting agency shall make all

14

disclosures described under section 609 upon request

15

by a consumer, by mail or online, without charge to16

the consumer and without limitation as to the num-17

ber of requests. A consumer reporting agency shall18

also supply a consumer, upon request and without

19

charge, with a credit score that—

20‘‘(A) is derived from a credit scoring model

21

that is widely distributed to users by the con-22

sumer reporting agency for the purpose of any

23

extension of credit or other transaction des-24

ignated by the consumer who is requesting the25

credit score; or

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409
1‘‘(B) is widely distributed to lenders of2

common consumer loan products and predicts3

the future credit behavior of the consumer.

4‘‘(2) TIMING.—A file disclosure or credit score

5

under paragraph (1) shall be provided to the con-6

sumer not later than—

7‘‘(A) 7 days after the date on which the re-8quest is received if the request is made by mail;

9

and

10

‘‘(B) not later than 15 minutes if the re-11quest is made online.

12‘‘(3) ADDITIONAL REPORTS.—A file disclosure

13

provided under paragraph (1) shall be in addition to14

any disclosure requested by the consumer under sec-

15

tion 612(a).

16

‘‘(4)

PROHIBITION.—A

consumer

reporting17

agency that receives a request under paragraph (1)18

may not request or require any documentation from19

the consumer that demonstrates that the consumer

20

was impacted by the coronavirus disease (COVID–

2119) outbreak or a major disaster (except to verify

22that the consumer resides in an area covered by the23

major disaster) as a condition of receiving the file24

disclosure or score.

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4101‘‘(h) POSTING OF RIGHTS.—Not later than 30 days

2 after the date of enactment of this section, each consumer
3 reporting agency shall prominently post and maintain a
4 direct link on the homepage of the public website of the
5 consumer reporting agency information relating to the
6 right of consumers to—7‘‘(1) request the deletion of adverse items of in-

8

formation (except information related to a felony9criminal conviction) under subsection (f); and

10‘‘(2) request consumer file disclosures and

11

scores, without charge to the consumer, under sub-12

section (g).

13‘‘(i) BAN ON REPORTING MEDICAL DEBT INFORMA-

14

TION RELATED TO COVID–19 OR A MAJOR DISASTER.—

15‘‘(1) FURNISHING BAN.—No person shall fur-

16

nish adverse information to a consumer reporting

17

agency related to medical debt if such medical debt

18

is with respect to medical expenses related to treat-19

ments arising from COVID–19 or a major disaster20(whether or not the expenses were incurred during

21

the COVID–19 emergency period or covered major

22

disaster period).

23‘‘(2) CONSUMER REPORT BAN.—No consumer

24

reporting agency may made a consumer report con-25

taining adverse information related to medical debt

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411
1

if such medical debt is with respect to medical ex-2

penses related to treatments arising from COVID–

3

19 or a major disaster (whether or not the expenses

4

were incurred during the COVID–19 emergency pe-

5riod or covered major disaster period).

6‘‘(j) CREDIT SCORING MODELS.—A person that cre-

7 ates and implements credit scoring models may not treat
8 the absence, omission, or deletion of any information pur9 suant to this section as a negative factor or negative value
10 in credit scoring models created or implemented by such
11 person.’’.
12(2) TECHNICALANDCONFORMINGAMEND-

13

MENT.—The

14

Reporting Act is amended by inserting after the15

item relating to section 605B the following:table of contents for the Fair Credit‘‘605C. Reporting of information during major disasters.’’.

16(c) LIMITATIONS ON NEW CREDIT SCORING MODELS

17 DURING THE COVID–19 EMERGENCY AND MAJOR DIS18

ASTERS.—The Fair Credit Reporting Act (15 U.S.C. 1681

19 et seq.) is amended—20(1) by adding at the end the following:

21 ‘‘§ 630. Limitations on new credit scoring models dur22

ing the COVID–19 emergency and major

23

disasters

24‘‘With respect to a person that creates and imple-

25 ments credit scoring models, such person may not, during
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1 the COVID–19 emergency period or a covered major dis2 aster period (as such terms are defined under section
3 605C), create or implement a new credit scoring model
4 (including a revision to an existing scoring model) if the
5 new credit scoring model would identify a significant per6 centage of consumers as being less creditworthy when
7 compared to the previous credit scoring models created or
8 implemented by such person.’’; and
9(2) in the table of contents for such Act, by

10

adding at the end the following new item:‘‘630. Limitations on new credit scoring models during major disasters.’’.

11

SEC. 113. STUDENT LOANS.

12(a) PAYMENTS FOR FEDERAL STUDENT LOAN BOR-

13

ROWERS AS A RESULT OF A NATIONAL EMERGENCY.—

14(1) IN GENERAL.—Part G of title IV of the15

Higher Education Act of 1965 (20 U.S.C. 1088 et16seq.) is amended by inserting after section 493D the17

following:

18‘‘SEC. 493E. PAYMENTS FOR STUDENT LOAN BORROWERS

19

DURING

20

GENCY.

21

THE

COVID–19

NATIONAL

EMER-‘‘(a) DEFINITIONS.—In this section:

22‘‘(1) CORONAVIRUS.—The term ‘coronavirus’

23

has the meaning given the term in section 506 of the24

Coronavirus Preparedness and Response Supple-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML413
1

mental Appropriations Act, 2020 (Public Law 116–

2

123).

3

‘‘(2) INCOME-DRIVEN REPAYMENT.—The term4‘income-driven repayment’ means—5‘‘(A) income-based repayment authorized

6

under section 493C for loans made, insured, or7

guaranteed under part B or part D; or

8‘‘(B) income contingent repayment author-

9

ized under section 455(e) for loans made under10

part D.

11‘‘(3) INVOLUNTARY

12‘involuntary collection’ means—

COLLECTION.—The

term

13

‘‘(A) a wage garnishment authorized under14

section 488A of this Act or section 3720D of

15

title 31, United States Code;

16‘‘(B) a reduction of tax refund by amount17of debt authorized under section 3720A of title

18

31, United States Code;

19‘‘(C) a reduction of any other Federal ben-20

efit payment by administrative offset authorized

21

under section 3716 of title 31, United States

22

Code (including a benefit payment due to an in-

23

dividual under the Social Security Act or any

24

other

25

(c)(3)(A)(i) of such section); andprovision

described

insubsection

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414
1‘‘(D) any other involuntary collection activ-

2

ity, including any collection activity through3

which a borrower is compelled to make pay-4

ments on a private student loan.

5‘‘(4) COVID–19

EMERGENCYPERIOD.—For

6

purposes of this Act, the term ‘COVID–19 emer-

7

gency period’ means the period that begins upon the8date of the enactment of this Act and ends upon the9date of the termination by the Federal Emergency

10

Management Administration of the emergency de-11clared on March 13, 2020, by the President under

12

the Robert T. Stafford Disaster Relief and Emer-

13

gency Assistance Act (42 U.S.C. 4121 et seq.) relat-

14

ing to the Coronavirus Disease 2019 (COVID–19)

15

pandemic.

16‘‘(b) COVID–19 NATIONAL EMERGENCY STUDENT

17 LOAN REPAYMENT ASSISTANCE.—
18‘‘(1) AUTHORITY.—Effective on the date of the19

enactment of this section, during the COVID–19

20

emergency period and the 6-month period imme-

21

diately following, the Secretary of Education shall22

for each borrower of a loan made, insured, or guar-

23

anteed under part B, D, or E, pay the total amount24

due for such month on the loan, based on the pay-

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415
1ment plan selected by the borrower or the borrower’s

2loan status.

3‘‘(2) NO CAPITALIZATION OF INTEREST.—With

4

respect to any loan in repayment during the5

COVID–19 national emergency period and the 6-6month period immediately following, interest due on

7loans made, insured, or guaranteed under part B, D,

8or E during such period shall not be capitalized at

9any time during the COVID–19 national emergency

10

period and the 6-month period immediately fol-11

lowing.

12‘‘(3) APPLICABILITY OF PAYMENTS.—Any pay-

13

ment made by the Secretary of Education under this14

section shall be considered by the Secretary of Edu-

15

cation, or by a lender with respect to a loan made,16

insured, or guaranteed under part B—

17‘‘(A) as a qualifying payment under the18

public service loan forgiveness program under19

section 455(m), if the borrower would otherwise

20

qualify under such section;

21‘‘(B) in the case of a borrower enrolled in

22

an income-driven repayment plan, as a quali-

23

fying payment for the purpose of calculating eli-24

gibility for loan forgiveness for the borrower in

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML416
1

accordance with section 493C(b)(7) or section

2455(d)(1)(D), as the case may be; and3‘‘(C) in the case of a borrower in default,

4

as an on-time monthly payment for purposes of

5loan rehabilitation pursuant to section 428F(a).

6‘‘(4) REPORTINGTOCONSUMERREPORTING

7

AGENCIES.—During8

retary of Education is making payments on a loan

9

under paragraph (1), the Secretary shall ensure

10

that, for the purpose of reporting information about

11

the loan to a consumer reporting agency, any pay-

12

ment made by the Secretary is treated as if it were13

a regularly scheduled payment made by a borrower.

14‘‘(5) NOTICE OF PAYMENTS AND PROGRAM.—15

Not later than 15 days following the date of enact-

16

ment of this section, and monthly thereafter during

17

the COVID–19 national emergency period and the18

6-month period immediately following, the Secretary

19of Education shall provide a notice to all borrowers

20of loans made, insured, or guaranteed under part B,

21

D, or E—22

the period in which the Sec-‘‘(A) informing borrowers of the actions

23

taken under this section;

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417
1‘‘(B) providing borrowers with an easily

2

accessible method to opt out of the benefits pro-3

vided under this section; and4‘‘(C) notifying the borrower that the pro-

5

gram under this section is a temporary program

6

and will end 6 months after the COVID–19 na-

7tional emergency period ends.

8‘‘(6) SUSPENSION OF INVOLUNTARY COLLEC-

9TION.—During

10

period and the 6-month period immediately fol-11

lowing, the Secretary of Education, or other holder

12

of a loan made, insured, or guaranteed under part13

B, D, or E, shall immediately take action to halt all

14

involuntary collection related to the loan.

the COVID–19 national emergency

15‘‘(7) MANDATORY FORBEARANCE.—During the16

period in which the Secretary of Education is mak-17

ing payments on a loan under paragraph (1), the18

Secretary, or a lender or guaranty agency for a loan

19

made under part B, shall grant the borrower for-20

bearance as follows:

21‘‘(A) A temporary cessation of all pay-22

ments on the loan other than the payments of

23

interest and principal on the loan that are made24

under paragraph (1).

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418
1‘‘(B) For borrowers who are delinquent2

but who are not yet in default before the date3

on which the Secretary begins making payments

4

under paragraph (1), the retroactive application

5of forbearance to address any delinquency.’’.

6(2) FFEL AMENDMENT.—Section 428(c)(8) of

7the Higher Education Act of 1965 (20 U.S.C.

8

1078(c)(8)) is amended by striking ‘‘and for which’’

9

and all that follows through ‘‘this subsection’’.

10(b) PAYMENTSFOR

PRIVATE EDUCATION LOAN

11 BORROWERS AS A RESULT OF THE COVID–19 NATIONAL
12 EMERGENCY.—Section 140 of the Truth in Lending Act
13 (15 U.S.C. 1650) is amended by adding at the end the
14 following new subsection:15‘‘(h) COVID–19 NATIONAL EMERGENCY PRIVATE

16 EDUCATION LOAN REPAYMENT ASSISTANCE.—
17‘‘(1) AUTHORITY.—Effective on the date of the18

enactment of this section, for the duration of the19

COVID–19 emergency period and the 6-month pe-

20

riod immediately following, the Secretary of the21

Treasury shall, for each borrower of a private edu-

22

cation loan, pay the total amount due for such

23

month on the loan, based on the payment plan se-24

lected by the borrower or the borrower’s loan status.

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1‘‘(2) NO CAPITALIZATION OF INTEREST.—With2

respect to any loan in repayment during the3

COVID–19 national emergency period and the 6-

4month period immediately following, interest due on

5

a private education loan during such period shall not

6

be capitalized at any time during the COVID–19 na-

7tional emergency period and the 6-month period im-

8

mediately following.

9‘‘(3) REPORTINGTOCONSUMERREPORTING

10

AGENCIES.—During11

retary of the Treasury is making payments on a

12loan under paragraph (1), the Secretary shall ensure

13

that, for the purpose of reporting information about

14

the loan to a consumer reporting agency, any pay-

15

ment made by the Secretary is treated as if it were16

a regularly scheduled payment made by a borrower.

17‘‘(4) NOTICE OF PAYMENTS AND PROGRAM.—18

Not later than 15 days following the date of enact-

19

ment of this subsection, and monthly thereafter dur-

20

ing the COVID–19 national emergency period and21

the 6-month period immediately following, the Sec-22

retary of the Treasury shall provide a notice to all

23

borrowers of private education loans—24

the period in which the Sec-‘‘(A) informing borrowers of the actions

25

taken under this subsection;

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4201‘‘(B) providing borrowers with an easily

2

accessible method to opt out of the benefits pro-3

vided under this subsection; and4‘‘(C) notifying the borrower that the pro-

5

gram under this subsection is a temporary pro-

6

gram and will end 6 months after the COVID–

7

19 national emergency period ends.

8‘‘(5) SUSPENSION OF INVOLUNTARY COLLEC-

9TION.—During

10

period and the 6-month period immediately fol-11

lowing, the holder of a private education loan shall12

immediately take action to halt all involuntary col-13

lection related to the loan.

the COVID–19 national emergency

14‘‘(6) MANDATORY FORBEARANCE.—During the15

period in which the Secretary of the Treasury is

16making payments on a loan under paragraph (1),17the servicer of such loan shall grant the borrower

18

forbearance as follows:

19‘‘(A) A temporary cessation of all pay-20

ments on the loan other than the payments of

21

interest and principal on the loan that are made22

under paragraph (1).

23‘‘(B) For borrowers who are delinquent24

but who are not yet in default before the date25

on which the Secretary begins making payments

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421
1

under paragraph (1), the retroactive application

2of forbearance to address any delinquency.

3‘‘(7) DATAIMPLEMENT.—Holders

TO

and

4

servicers of private education loans shall report, to5

the satisfaction of the Secretary of the Treasury, the6

information necessary to calculate the amount to be7

paid under this section.

8‘‘(8) COVID–19

EMERGENCYPERIODDE-

9

FINED.—In10emergency period’ means the period that begins

11

upon the date of the enactment of this Act and ends

12

upon the date of the termination by the Federal

13

Emergency Management Administration of the

14

emergency declared on March 13, 2020, by the15

President under the Robert T. Stafford Disaster Re-

16

lief and Emergency Assistance Act (42 U.S.C. 4121

17

et seq.) relating to the Coronavirus Disease 201918

(COVID–19) pandemic.’’.

19(c) MINIMUM RELIEF FOR FEDERAL AND PRIVATE

this subsection, the term ‘COVID–19

20 STUDENT LOAN BORROWERS AS A RESULT OF THE
21 COVID–19 NATIONAL EMERGENCY.—
22(1) MINIMUM STUDENT LOAN RELIEF AS A RE-

23

SULT OF THE COVID–19 NATIONAL EMERGENCY.—24

Not later than 270 days after the last day of the25

COVID–19 emergency period, the Secretaries con-

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422
1

cerned shall jointly carry out a program under which

2

a qualified borrower, with respect to the covered

3loans and private education of loans of such quali-

4

fied borrower, shall receive in accordance with para-

5graph (3) an amount equal to the lesser of the fol-6

lowing:

7(A) The total amount of each covered loan

8

and each private education loan of the bor-

9

rower; or

10(B) $10,000.

11(2) NOTIFICATION OF BORROWERS.—Not later12

than 270 days after the last day of the COVID–19

13

emergency period, the Secretaries concerned shall14

notify each qualified borrower of—15(A) the requirements to provide loan relief16

to such borrower under this section; and

17(B) the opportunity for such borrower to18

make an election under paragraph (3)(A) with19

respect to the application of such loan relief to20

the covered loans and private education loans of

21such borrower.

22(3) DISTRIBUTION OF FUNDING.—

23(A) ELECTION BY BORROWER.—Not later24

than 45 days after a notice is sent under para-

25

graph (2), a qualified borrower may elect to

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1

apply the amount determined with respect to2such borrower under paragraph (1) to—3(i) any covered loan of the borrower;

4(ii) any private education loan of the5borrower; and6(iii) any combination of the loans de-7

scribed in clauses (i) and (ii).

8(B) AUTOMATIC PAYMENT.—

9(i) IN GENERAL.—In the case of a10

qualified borrower who does not make an

11election under subparagraph (A) before the12date described in such paragraph, the Sec-13

retaries concerned shall apply the amount14

determined with respect to such borrower

15

under paragraph (1) in order of the cov-

16

ered loan or private education loan of the17

qualified borrower with the highest interest

18

rate.

19

(ii) EQUAL

INTERESTRATES.—In20case of two or more covered loans or pri-

21

vate education loans described in clause (i)22with equal interest rates, the Secretaries

23

concerned shall apply the amount deter-

24

mined with respect to such borrower under

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1

paragraph (1) first to the loan with the2highest principal.

3(4) DATA TO IMPLEMENT.—

4(A) SECRETARY OF EDUCATION.—Contrac-

5

tors of the Secretary of Education and lenders

6

and guaranty agencies holding loans made, in-7

sured, or guaranteed under part B shall report,

8

to the satisfaction of the Secretary of Edu-

9

cation, the information necessary to calculate

10

the amount to be applied under paragraph (1).

11

(B) SECRETARY OF TREASURY.—Holders

12

and servicers of private education loans shall13

report, to the satisfaction of the Secretary of

14

the Treasury, the information necessary to cal-15

culate the amount to be applied under para-

16

graph (1).

17(5) MEMORANDUM OF UNDERSTANDING.—The

18

Secretaries concerned shall enter into a memo-

19

randum of understanding to carry out this sub-20

section.

21(6) DEFINITIONS.—In this subsection:

22(A) COVERED LOAN.—The term ‘‘covered

23

loan’’ means—24(i) a loan made, insured, or guaran-

25

teed under part B of title IV of the Higher

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425
1

Education Act of 1965 (20 U.S.C. 1071 et2seq.);

3(ii) a loan made under part D of title

4

IV of the Higher Education Act of 1965

5(20 U.S.C. 1087a et seq.); and6(iii) a Federal Perkins Loan made7

pursuant to part E of title IV of the High-8

er Education Act of 1965 (20 U.S.C.

91087aa et seq.).

10(B) COVID–19

PERIOD.—

EMERGENCY

11

The term ‘‘COVID–19 emergency period’’

12means the period that begins upon the date of13

the enactment of this Act and ends upon the

14date of the termination by the Federal Emer-

15

gency Management Administration of the emer-

16

gency declared on March 13, 2020, by the17

President under the Robert T. Stafford Dis-

18

aster Relief and Emergency Assistance Act (4219

U.S.C.

20

Coronavirus Disease 2019 (COVID–19) pan-21

demic.

22

4121

(C)

et

PRIVATEseq.)

relating

EDUCATION

tothe

LOAN.—The

23

term ‘‘private education loan’’ has the meaning

24

given the term in section 140 of the Truth in25

Lending Act (15 U.S.C. 1650).

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426
1(D) QUALIFIEDBORROWER.—The

term

2

‘‘qualified borrower’’ means a borrower of a3covered loan or a private education loan.

4(E) SECRETARIES CONCERNED.—The term

5‘‘Secretaries concerned’’ means—

6(i) the Secretary of Education, with7

respect to covered loans and borrowers of

8such covered loans; and9(ii) the Secretary of the Treasury,

10with respect to private education loans and11borrowers of such private education loans.

12(d) INCOME SHARE AGREEMENTS.—

13(1) IN GENERAL.—An individual who entered14

into an income share agreement to pay for education

15

expenses of the individual shall not be required to16

make payments under such income share agreement

17

for the duration of the COVID–19 emergency period

18

and the 6-month period immediately following.

19(2) COVID–19 EMERGENCY PERIOD.—In this20

subsection, the term ‘‘COVID–19 emergency period’’

21

means the period that begins upon the date of the22

enactment of this Act and ends upon the date of the23

termination by the Federal Emergency Management

24

Administration of the emergency declared on March

25

13, 2020, by the President under the Robert T.

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427
1

Stafford Disaster Relief and Emergency Assistance2

Act (42 U.S.C. 4121 et seq.) relating to the3Coronavirus Disease 2019 (COVID–19) pandemic.

4(e) EXCLUSION FROM GROSS INCOME.—

5(1) IN GENERAL.—Part III of subchapter B of

6chapter 1 of the Internal Revenue Code of 1986 is

7

amended by inserting after section 139H the fol-8

lowing new section:

9‘‘SEC. 139I. STUDENT LOAN PAYMENTS RESULTING FROM

10THE COVID–19 NATIONAL EMERGENCY.

11‘‘Gross income shall not include any payment made12 on behalf of the taxpayer under section 493E(b)(1) of the
13 Higher Education Act of 1965, section 140(h) of the
14 Truth in Lending Act, or section 114(c) of the Financial
15 Protections and Assistance for America’s Consumers,
16 States, Businesses, and Vulnerable Populations.’’.
17(2) CLERICAL AMENDMENT.—The table of sec-

18

tions for part III of subchapter B of chapter 1 of19

the Internal Revenue Code of 1986 is amended by20

inserting after the item relating to section 139H the21

following new item:‘‘Sec. 139I. Student loan payments resulting from the COVID–19 national
emergency.’’.

22(3) EFFECTIVE DATE.—The amendments made23

by this subsection shall apply to taxable years begin-

24

ning after December 31, 2019.

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428
1

SEC. 114. WAIVER OF IN-PERSON APPRAISAL REQUIRE-

2MENTS.

3(a) FINDING.—The Congress finds that as the coun-

4 try continues to grapple with the impact of the spread of
5 COVID–19, several adjustments are needed to ensure that
6 mortgage processing can continue to function without sig7 nificant delays ,despite requirements that would otherwise
8 require in-person interactions.
9(b) WAIVER.—

10(1) IN

GENERAL.—Until

the end of the11

COVID–19 emergency, any appraisal that is con-12

ducted for a loan with respect to which applicable13

law would otherwise require the performance of an

14interior inspection may be performed without an in-

15

terior inspection, if—

16(A) an exterior inspection is performed in

17

conjunction with other methods to maximize18

credibility, including verifiable contemporaneous

19

video or photographic documentation by the20

borrower and borrower observations; and21(B) the applicable lender, guarantor, regu-

22

lating agency, or insurer may order additional

23

services to include an interior inspection at a24

later date.

25(2) STIPULATION.— An appraiser conducting

26

an appraisal without an interior inspection pursuant

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429
1

to this section shall stipulate an extraordinary as-2

sumption that the property’s interior quality, condi-

3tion, and physical characteristics are as described4

and consistent with the exterior view, and shall em-

5ploy all available methods to maximize accuracy

6

while maintaining safety.

7(c) RULEMAKING.—Not later than the end of the 1-

8 week period beginning on the date of enactment of this
9 Act, the Federal Housing Commissioner of the Federal
10 Housing Agency and the Director of the Federal Housing
11 Finance Agency shall issue such rules or guidance as may
12 be necessary to ensure that such agencies, the Federal
13 Home Loan Mortgage Corporation, the Federal National
14 Mortgage Association, and the Federal home loan banks
15 make any adjustments to mortgage processing require16 ments that may be necessary to provide flexibility to avoid
17 in-person interactions while preserving the goals of the
18 programs and consumer protection.
19(d) COVID–19 EMERGENCY DEFINED.—In this sec-

20 tion, the term ‘‘COVID–19 emergency’’ means the period
21 that begins upon the date of the enactment of this Act
22 and ends on the date of the termination by the Federal
23 Emergency Management Agency of the emergency de24 clared on March 13, 2020, by the President under the
25 Robert T. Stafford Disaster Relief and Emergency Assist-

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430
1 ance Act (42 U.S.C. 4121 et seq.) relating to the
2 Coronavirus Disease 2019 (COVID–19) pandemic.
3SEC. 115. SUPPLEMENTAL FUNDING FOR COMMUNITY DE-

4

VELOPMENT BLOCK GRANTS.

5(a) FUNDING AND ALLOCATIONS.—

6(1) AUTHORIZATIONOFAPPROPRIATIONS.—

7

There

8

$12,000,000,000 for assistance in accordance with9

this section under the community development block10

grant program under title I of the Housing and

11

Community Development Act of 1974 (42 U.S.C.

125301 et seq.).

isauthorized

tobeappropriated13(2) INITIAL ALLOCATION.—$6,000,000,000 of

14

the amount made available pursuant to paragraph15(1) shall be distributed pursuant to section 106 of

16

such Act (42 U.S.C. 5306) to grantees and such al-17

locations shall be made within 30 days after the date18of the enactment of this Act.

19(3) SUBSEQUENT ALLOCATION.—

20(A) IN

GENERAL.—The$6,000,000,000

21

made available pursuant to paragraph (1) that22

remains after allocation pursuant to paragraph23(2) shall be allocated, not later than 45 days

24

after the date of the enactment of this Act, di-25

rectly to States to prevent, prepare for, and re-

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431
1

spond to coronavirus within the State, including

2

activities within entitlement and nonentitlement

3

communities, based on public health needs, risk

4of transmission of coronavirus, number of5coronavirus cases compared to the national av-

6erage, and economic and housing market dis-7

ruptions, and other factors, as determined by

8

the Secretary, using best available data.

9(B)

TECHNICALASSISTANCE.—Of

the

10

amount referred to in subparagraph (A),11

$10,000,000 shall be made available for capac-

12

ity building and technical assistance to support13

the use of such amounts to expedite or facilitate14

infectious disease response.

15(4) DIRECT

DISTRIBUTION.—Of

the amount

16

made

17

$3,000,000,000 shall be distributed directly to

18

States and units of general local government, at the19

discretion of the Secretary of Housing and Urban

20

Development (in this section referred to as the ‘‘Sec-21

retary’’), according to a formula based on factors to

22

be determined by the Secretary, prioritizing risk of23transmission of coronavirus, number of coronavirus

24

cases compared to the national average, and eco-

available

pursuanttoparagraph(1),

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432
1

nomic and housing market disruptions resulting2

from coronavirus.

3(5) ROLLING ALLOCATIONS.—Allocations under4

this subsection may be made on a rolling basis as5

additional needs develop and data becomes available.

6(6) BESTAVAILABLE DATA.—The

Secretary

7

shall make all allocations under this subsection

8

based on the best available data at the time of allo-

9

cation.

10(b) ELIGIBLE ACTIVITIES.—Amounts made available

11 pursuant to subsection (a) may be used only for—12(1) eligible activities described in 105(a) of the13

Housing and Community Development Act of 1974

14(42 U.S.C. 5305(a)) relating to preventing, pre-15

paring for, or responding to the public health emer-

16

gency

17

(COVID–19); andrelating

toCoronavirus

Disease201918(2) reimbursement of costs for such eligible ac-

19

tivities relating to preventing, preparing for, or re-20

sponding to Coronavirus Disease 2019 (COVID–19)

21

that were accrued before the date of the enactment

22of this Act.

23(c) INAPPLICABILITY OF PUBLIC SERVICES CAP.—

24 The limitation under paragraph (8) of section 105(a) of
25 the Housing and Community Development Act of 1974

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1 (42 U.S.C. 5305(a)(8)) on the amount that may be used
2 for activities under such paragraph shall not apply with
3 respect to—4(1) amounts made available pursuant to sub-5

section (a); and6(2) amounts made available in preceding appro-

7

priation Acts for fiscal years 2019 and 2020 for car-8

rying out title I of the Housing and Community De-

9velopment Act of 1974, to the extent such amounts

10

are used for activities described in subsection (b) of

11

this section.

12(d) WAIVERS.—

13(1) IN GENERAL.—The Secretary may waive, or

14

specify alternative requirements for, any provision of15

any statute or regulation that the Secretary admin-

16

isters in connection with the use of amounts made17

available pursuant to subsection (a)(1) and for fiscal

18

years 2019 and 2020 (except for requirements re-19

lated to fair housing, nondiscrimination, labor stand-20

ards, and the environment), if the Secretary finds

21

that good cause exists for the waiver or alternative

22

requirement and such waiver or alternative require-23

ment would not be inconsistent with the overall pur-24

pose of title I of the Housing and Community Devel-

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434
1

opment Act of 1974, including for the purposes of2addressing the impact of coronavirus.

3(2) NOTICE.—The Secretary shall notify the4

public through the Federal Register or other appro-

5

priate means 5 days before the effective date of any

6such waiver or alternative requirement in order for7

such waiver or alternative requirement to take effect.

8

Such public notice may be provided on the Internet

9

at the appropriate Government web site or through10

other electronic media, as determined by the Sec-11

retary.

12(e) STATEMENTS OF ACTIVITIES; COMPREHENSIVE

13 HOUSING AFFORDABILITY STRATEGIES.—
14(1) INAPPLICABILITY OF REQUIREMENTS.—Sec-

15

tion 116(b) of such Act (42 U.S.C. 5316(b); relating16

to submission of final statements of activities not17

later than August 16 of a given fiscal year) and any

18

implementing regulations shall not apply to final

19

statements submitted in accordance with paragraphs

20(2) and (3) of section 104 of such Act (42 U.S.C.

21

5304(a)) and comprehensive housing affordability

22

strategies submitted in accordance with section 105

23of the Cranston-Gonzalez National Affordable Hous-24

ing Act (42 U.S.C. 12705) for fiscal years 2019 and

25

2020.

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435
1(2) NEWREQUIREMENTS.—Finalstatements

2and comprehensive housing affordability strategies

3

shall instead be submitted not later than August 16,

4

2021.

5

(3)

AMENDMENTS.—Notwithstanding

sub-

6

sections (a)(2), (a)(3), and (c) of section 104 of the7

Housing and Community Development Act of 1974

8(42 U.S.C. 5304) and section 105 of the Cranston-

9

Gonzalez National Affordable Housing Act (4210

U.S.C. 12705), a grantee may not be required to11amend its statement of activities in order to engage

12in activities to prevent, prepare, and respond to13

coronavirus or the economic and housing disruption

14

caused by it, but shall make public a report within

15

180 days of the end of the crisis which fully ac-

16

counts for such activities.

17(f) PUBLIC HEARINGS.—

18(1) INAPPLICABILITY OF IN-PERSON HEARING19

REQUIREMENTS.—A grantee may not be required to20

hold in-person public hearings in connection with its

21

citizen participation plan, but shall provide citizens

22with notice and a reasonable opportunity to com-23

ment of not less than 15 days.

24(2) VIRTUAL PUBLIC HEARINGS.—During the25

period that national or local health authorities rec-

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1ommend social distancing and limiting public gath-2

erings for public health reasons, a grantee may ful-

3

fill applicable public hearing requirements for all

4

grants from funds made available pursuant to sub-5

section (a)(1) and under the heading ‘‘Department

6of Housing and Urban Development—Community

7

Planning and Development—Community Develop-

8ment Fund’’ in appropriation Acts for fiscal years

92019 and 2020 by carrying out virtual public hear-10

ings. Any such virtual hearings shall provide reason-

11

able notification and access for citizens in accord-

12

ance with the grantee’s certifications, timely re-13

sponses from local officials to all citizen questions

14and issues, and public access to all questions and re-15

sponses.

16(g) DUPLICATIONOF

BENEFITS.—The Secretary

17 shall ensure there are adequate procedures in place to pre18 vent any duplication of benefits as defined by section 312
19 of the Robert T. Stafford Disaster Relief and Emergency
20 Assistance Act (42 U.S.C. 5155) and act in accordance
21 with section 1210 of the Disaster Recovery Reform Act
22 of 2018 (division D of Public Law 115–254; 132 Stat.
23 3442) and section 312 of the Robert T. Stafford Disaster24 Relief and Emergency Assistance Act (42 U.S.C. 5155).

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437
1

SEC. 116. COVID–19 EMERGENCY HOUSING RELIEF.

2(a) DEFINITION OF COVID–19 EMERGENCY PE-

3

RIOD.—For purposes of this section, the term ‘‘COVID–

4 19 emergency period’’ means the period that begins upon
5 the date of the enactment of this Act and ends upon the
6 date of the termination by the Federal Emergency Man7 agement Agency of the emergency declared on March 13,
8 2020, by the President under the Robert T. Stafford Dis9 aster Relief and Emergency Assistance Act (42 U.S.C.
10 4121 et seq.) relating to the Coronavirus Disease 2019
11 (COVID–19) pandemic.
12(b) SUSPENSION OF COMMUNITY SERVICE, WORK,

13 PRESENCE IN UNIT, AND MINIMUM RENT REQUIRE14

MENTS AND TIME LIMITS ON ASSISTANCE.—

15(1) SUSPENSION.—Notwithstanding any other16

provision of law, during the COVID–19 emergency

17

period, the following provisions of law and require-

18

ments shall not apply:

19(A) Section 12(c) of the United States

20

Housing Act of 1937 (42 U.S.C. 1437j(c); re-21

lating to community service).

22(B) Any work requirement or time limita-

23

tion on assistance established by a public hous-

24

ing agency participating in the Moving to Work25

demonstration program authorized under sec-

26

tion 204 of the Departments of Veterans Af-

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438
1

fairs and Housing and Urban Development and2

Independent Agencies Appropriations Act, 1996

3

(Public Law 104–134; 110 Stat. 1321).

4(C) Paragraph (3) of section 3(a) of the5

United States Housing Act of 1937 (42 U.S.C.

6

1437a(a)(3);7amount).

relating

tominimum

rental8(D) Section 982.312 of the regulations of

9

the Secretary of Housing and Urban Develop-

10

ment (24 C.F.R. 982.312); relating to absence

11

from unit).

12(2) PROHIBITION.—No penalty may be imposed

13

nor any adverse action taken for failure on the part14of any tenant of public housing or a dwelling unit

15

assisted under section 8 of the United States Hous-16

ing Act of 1937 (42 U.S.C. 1437f) to comply with17

the laws and requirements specified in paragraph (1)18during the period specified in paragraph (1).

19(c) HOUSING CHOICE VOUCHERS.—

20(1) SECTION

8 VOUCHERS.—Notwithstanding

21

any other provision of law, the Secretary of Housing

22

and Urban Development shall provide that—

23(A) during the COVID–19 emergency pe-24riod, a public housing agency may not termi-

25nate the availability to an eligible household of

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1

a housing choice voucher under section 8(o) of2

the United States Housing Act of 1937 (423

U.S.C. 1437f(o)) for failure to enter into a4lease for an assisted dwelling unit;

5(B) in the case of any eligible household on

6

whose behalf such a housing choice voucher has

7been made available, if as of the termination of

8

the COVID–19 emergency period such avail-9ability has not terminated (including by reason

10of subparagraph (A)) and such voucher has not

11

been used to enter into a lease for an assisted

12dwelling unit, the public housing agency making

13

such voucher available may not terminate such

14

availability until the expiration of the 60-day

15

period beginning upon the termination of the16

COVID–19 emergency period; and17(C) during the COVID–19 emergency pe-18riod, clause (i) of section 8(o)(8)(A) of the

19

United States Housing Act of 1937 (42 U.S.C.

20

1437f(o)(8)A)(i); relating to initial inspection of21

dwelling units) shall not apply, except that in22

any case in which an inspection of a dwelling

23

unit for which a housing assistance payment is24established is not conducted before an assist-

25

ance payment is made for such dwelling unit—

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4401(i) such clause shall be applied by2

substituting ‘‘the expiration of the 90-day

3

period beginning on the termination of the

4

COVID–19 emergency period (as such5

term is defined in section 117(a) of the Fi-

6nancial Protections and Assistance for7

America’s Consumers, States, Businesses,

8

and Vulnerable Populations Act)’’ for ‘‘any

9assistance payment is made’’; and10(ii) the public housing agency shall in-

11

form the tenant household and the owner

12

of such dwelling unit of the inspection re-13

quirement applicable to such dwelling unit

14

pursuant to clause (i).

15(2) RURAL

HOUSING

VOUCHERS.—Notwith-16

standing any other provision of law, the Secretary of

17

Agriculture shall provide that the same restrictions

18

and requirements applicable under paragraph (1) to19

voucher assistance under section 8(o) of the United

20

States Housing Act of 1937 shall apply with respect

21

to voucher assistance under section 542 of the Hous-22

ing Act of 1949 (42 U.S.C. 1490r). In applying such

23

restrictions and requirements, the Secretary may

24take into consideration and provide for any dif-25

ferences between such programs while ensuring that

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441
1

the program under such section 542 is carried out

2in accordance with the purposes of such restrictions

3

and requirements.

4(d) SUSPENSION OF INCOME REVIEWS.—During the

5 COVID–19 emergency period, the Secretary of Housing
6 and Urban Development and the Secretary of Agriculture
7 shall waive any requirements under law or regulation re8 quiring review of the income of an individual or household
9 for purposes of assistance under a housing assistance pro10 gram administered by such Secretary, except—
11(1) in the case of review of income upon the ini-

12

tial provision of housing assistance; or

13(2) if such review is requested by an individual

14

or household due to a loss of income.

15(e) AUTHORITY

16

LINES.—DuringTO

SUSPENDOR

DELAY DEAD-

the COVID–19 emergency period, the17 Secretary of Housing and Urban Development and the
18 Secretary of Agriculture may suspend or delay any dead19 line relating to public housing agencies or owners of hous20 ing assisted under a program administered by such Sec21 retary, except any deadline relating to responding to exi22 gent conditions related to health and safety or emergency
23 physical conditions.
24(f) SUSPENSION OF ASSISTED HOUSING SCORING

25 ACTIVITIES.—The Secretary of Housing and Urban De-

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442
1 velopment shall suspend scoring under the Section 8 Man2 agement Assessment Program and the Public Housing As3 sessment System during the period beginning upon the
4 date of the enactment of this Act and ending upon expira5 tion of the 90-day period that begins upon the termination
6 of the COVID–19 emergency period.
78(g) REQUIREMENTS REGARDING RESIDUAL RECEIPTS AND RESERVE FUNDS.—

9(1) SUSPENSION OF REQUIREMENT TO SUBMIT10RESIDUAL RECEIPTS TO HUD.—During the COVID–

11

19 emergency period, any requirements for owners

12of federally assisted multifamily housing to remit re-13

sidual receipts to the Secretary of Housing and

14

Urban Development shall not apply.

15(2) ELIGIBLE USES OF RESERVE FUNDS.—Dur-16

ing the COVID–19 emergency period, any costs of17

an owner of federally assisted multifamily housing

18

for items, activities, and services related to respond-

19

ing to coronavirus or COVID–19 shall be considered20

eligible uses for the reserve fund for replacements

21

for such housing.

22

SEC. 117. SUPPLEMENTAL FUNDING FOR SERVICE COORDI-

23

NATORS TO ASSIST ELDERLY HOUSEHOLDS.

24(a) IN GENERAL.—There is authorized to be appro-

25 priated $300,000,000 for grants under section 676 of the

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1 Housing and Community Development Act of 1992 (42
2 U.S.C. 13632) for costs of providing service coordinators
3 for purposes of coordinating services to prevent, prepare
4 for, or respond to the public health emergency relating to
5 Coronavirus Disease 2019 (COVID–19).
6(b) HIRING.—In the hiring of staff using amounts

7 made available pursuant to this section, grantees shall8 consider and hire, at all levels of employment and to the
9 greatest extent possible, a diverse staff, including by race,
10 ethnicity, gender, and disability status. Each grantee shall
11 submit a report to the Secretary of Housing and Urban
12 Development describing compliance with the preceding
13 sentence not later than the expiration of the 120-day pe14 riod that begins upon the termination of the emergency
15 declared on March 13, 2020, by the President under the
16 Robert T. Stafford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 4121 et seq.) relating to the
18 Coronavirus Disease 2019 (COVID–19) pandemic.
19(c)

ONE-TIME

GRANTS.—Grants

made

using

20 amounts made available pursuant to subsection (a) shall
21 not be renewable.
22(d) ONE-YEAR AVAILABILITY.—Any amounts made23 available pursuant to this section that are allocated for
24 a grantee and remaining unexpended upon the expiration

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1 of the 12-month period beginning upon such allocation
2 shall be recaptured by the Secretary.
3

SEC. 118. FAIR HOUSING.

4(a) DEFINITION OF COVID–19 EMERGENCY PE-

5

RIOD.— For purposes of this section, the term ‘‘COVID–

6 19 emergency period’’ means the period that begins upon
7 the date of the enactment of this Act and ends upon the
8 date of the termination by the Federal Emergency Man9 agement Agency of the emergency declared on March 13,
10 2020, by the President under the Robert T. Stafford Dis11 aster Relief and Emergency Assistance Act (42 U.S.C.
12 4121 et seq.) relating to the Coronavirus Disease 2019
13 (COVID–19) pandemic.
14(b) FAIR HOUSING ACTIVITIES.—

15(1) FHIP; FHAP.—

16

(A)

AUTHORIZATIONOFAPPROPRIA-

17

TIONS.—To ensure that fair housing organiza-

18

tions and State and local civil rights agencies

19

have sufficient resources to deal with expected

20

increases in fair housing complaints, to inves-

21

tigate housing discrimination, including finan-

22

cial scams that target protected classes associ-23

ated with or resulting from the COVID–19 pan-24

demic, and during such pandemic, there is au-

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1

thorized to be appropriated for contracts,

2

grants, and other assistance—

3(i) $55,000,000 for the Fair Housing

4

Initiatives Program under section 561 of

5

the Housing and Community Development

6

Act of 1987 (42 U.S.C. 3616a); and7(ii) $35,000,000 for the Fair Housing

8

Assistance Program under the Fair Hous-9

ing Act (42 U.S.C. 3601 et seq.).

10

Amounts made available pursuant to this sub-11

paragraph may be used by such organizations

12

and agencies to establish the capacity to and to13

carry out activities and services by telephone14

and online means, including for individuals with15

limited English proficiency and individuals with16

a disability in accordance with requirements

17

under the Americans With Disabilities Act of

18

1990.

19

(B)

PRIVATEENFORCEMENTINITIA-

20

TIVE.—In

21

enforcement initiatives under 561(b) of the22

Housing and Community Development Act of231987 (42 U.S.C. 3616a(b)) using amounts

24

made available pursuant to subparagraph (A)(i)25of this subsection, the Secretary of Housing

entering into contracts for private

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446
1

and Urban Development shall give priority to2applications from qualified fair housing enforce-3

ment organizations that have at least 2 years of

4fair housing testing experience.

5(C) 3-YEAR AVAILABILITY.—Any amounts

6

made available pursuant subparagraph (A) that7

are allocated for a grantee and remain unex-

8pended upon the expiration of the 3-year period

9beginning upon such allocation shall be recap-

10

tured by the Secretary.

11(2) OFFICE OF FAIR HOUSING AND EQUAL OP-

12

PORTUNITY.—There is authorized to be appropriated13$200,000,000 for the Office of Fair Housing and

14

Equal Opportunity of the Department of Housing

15

and Urban Development for costs of fully staffing

16

such Office to ensure robust enforcement of the Fair

17

Housing Act during the COVID–19 pandemic, in-18

cluding ensuring that—

19(A) assistance provided under this Act is

20

provided and administered in a manner that af-

21

firmatively furthers fair housing in accordance

22

with the Fair Housing Act;

23(B) such Office has sufficient capacity for24

intake of housing discrimination complaints by

25

telephone and online mechanisms, including for

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447
1

individuals with limited English proficiency and2individuals with a disability in accordance with3

requirements under the Americans With Dis-

4

abilities Act of 1990 and section 504 of the Re-

5habilitation Act of 1973 (29 U.S.C. 794); and6(C) such Office has the capacity to respond7

to all housing discrimination complaints made8

during the COVID–19 pandemic within time

9

limitations required under law.

10

In the hiring of staff using amounts made available

11

pursuant to this subsection, the Secretary of Hous-12

ing and Urban Development shall consider and hire,

13

at all levels of employment and to the greatest ex-

14

tent possible, a diverse staff, including by race, eth-15

nicity, gender, and disability status. The Secretary

16

shall submit a report to the Congress describing

17

compliance with the preceding sentence on a quar-18

terly basis, for each of the first 4 calendar quarters

19

ending after the date of the enactment of this Act.

20(c) FAIR HOUSING GUIDANCE AND EDUCATION.—

21(1) PROHIBITIONOFSHOWINGS.—Not

later

22

than the expiration of the 30-day period beginning23

on the date of the enactment of this Act, the Sec-24

retary of Housing and Urban Development shall25

issue guidance for owners of dwelling units assisted

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448
1

under housing assistance programs of the Depart-2

ment prohibiting, during the COVID–19 emergency

3

period, of any showings of occupied assisted dwelling4

units to prospective tenants.

5(2) EDUCATION.—There is authorized to be ap-

6

propriated $10,000,000 for the Office of Fair Hous-7

ing and Equal Opportunity of the Department of8

Housing and Urban Development to carry out a na-

9tional media campaign to educate the public of in-

10

creased housing rights during COVID–19 emergency

11

period, that provides that information and materials

12

used in such campaign are available—

13(A) in the languages used by communities14

with limited English proficiency

15(B) to persons with disabilities.

16

SEC. 119. HUD COUNSELING PROGRAM AUTHORIZATION.

17(a) FINDINGS.—The Congress finds the following:

18(1) The spread of COVID–19, which is now

19considered a global pandemic, is expected to nega-20

tively impact the incomes of potentially millions of

21

homeowners, making it difficult for them to pay

22

their mortgages on time.

23(2) Housing counseling is critical to ensuring

24

that homeowners have the resources they need to

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449
1

navigate the loss mitigation options available to2them while they are experiencing financial hardship.

3(b) AUTHORIZATION.—There is authorized to be ap-

4 propriated the Secretary of Housing and Urban Develop5 ment $700,000,000 to carry out counseling services de6 scribed under section 106 of the Housing and Urban De7 velopment Act of 1968 (12 U.S.C. 1701x).
8SEC. 120. DEFENSE PRODUCTION ACT OF 1950.

9(a) INCREASE IN AUTHORIZATIONS.—

10(1) AUTHORIZATIONS.—In addition to amounts

11

otherwise authorized to be appropriated, there is au-

12

thorized to be appropriated in the aggregate

13$3,000,000,000 for fiscal year 2020 and 2021 to

14

carry out titles I and III of the Defense Production

15

Act of 1950 to produce medical ventilators, personal

16

protection equipment, and other critically needed

17

medical supplies and to carry out any other actions

18

necessary to respond to the COVID–19 emergency.

19(2) CARRYOVER FUNDS.—Section 304(e) of the

20

Defense Production Act of 1950 shall not apply at21

the close of fiscal year 2020.

22(3) COVID–19 EMERGENCY.—In this section,23

the term ‘‘COVID–19 emergency’’ means the emer-

24

gency declared on March 13, 2020, by the President

25

under the Robert T. Stafford Disaster Relief and

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450
1Emergency Assistance Act (42 U.S.C. 4121 et seq.)2

relating to the Coronavirus Disease 2019 (COVID–

319) pandemic.

4(b) STRENGTHENING CONGRESSIONAL OVERSIGHT;

5 PUBLIC PORTAL.—
6(1) IN GENERAL.—Not later than three months

7

after the date of enactment of this Act, and every

8

three months thereafter, the Secretary of Commerce,9

in coordination with the Secretary of Health and10

Human Services, the Secretary of Defense, and any

11other Federal department or agency that has utilized

12

authority under title I or title III of the Defense

13

Production Act of 1950 to respond to the COVID–

14

19 emergency, shall submit a report to the Com-

15

mittee on Financial Services of the House of Rep-

16

resentatives and the Committee on Banking, Hous-

17

ing, and Urban Affairs of the Senate—

18(A) on the use of such authority and the19

expenditure of any funds in connection with

20such authority;

21(B) that includes details of each purchase22

order made using such authorities, including23

the product and amount of product ordered and24

the entity that fulfilled the contract.

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1(2) PUBLIC AVAILABILITY.—The Secretary of2

Commerce shall place all reports submitted under3

paragraph (1) on an appropriate website available to4

the public, in an easily searchable format.

5(3) SUNSET.—The requirements under this sec-

6

tion shall terminate after the expenditure of all

7

funds appropriated pursuant to the authorizations

8

under subsection (a).

TITLE
II—ASSISTING
SMALL
10BUSINESSES AND COMMU11NITY
FINANCIALINSTITU12
TIONS
9

13

SEC. 201. SMALL BUSINESS CREDIT FACILITY.

14(a) ESTABLISHMENT.—The Board of Governors of

15 the Federal Reserve System shall establish a credit facility
16 to provide loans to small businesses during the COVID–
17 19 emergency.
18(b) DEFINITIONS.—In this section:

19

(1)

COVID–19

EMERGENCY.—The

term

20

‘‘COVID–19 emergency’’ means the period that be-

21

gins upon the date of the enactment of this Act and22ends on the date of the termination by the Federal

23

Emergency Management Agency of the emergency

24

declared on March 13, 2020, by the President under25

the Robert T. Stafford Disaster Relief and Emer-

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452
1

gency Assistance Act (42 U.S.C. 4121 et seq.) relat-2

ing to the Coronavirus Disease 2019 (COVID–19)

3

pandemic.

4(2) SMALL BUSINESS.—The term ‘‘small busi-

5ness’’ means—

6(A) a small business concern (as defined

7

under section 3 of the Small Business Act (158

U.S.C. 632);

9(B) a family farm;

10(C) an independent contractor; and11(D) any other class of businesses to which

12

the Board of Governors determines loans would

13

promote full employment and price stability.

14

SEC. 202. SMALL BUSINESS FINANCIAL ASSISTANCE PRO-

15

GRAM.

16

(a) IN GENERAL.—The Secretary of the Treasury

17 shall establish a Small Business Financial Assistance Pro18 gram under which the Secretary shall provide loans and
19 loan guarantees to small businesses.
20(b) APPLICATION.—In making loans and loan guar-

21 antees under this section, the Secretary shall—
22(1) provide a simple application process for bor-

23

rowers; and24(2) establish clear and easy to understand un-25

derwriting standards for such loans.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML4531(c) ZERO-INTEREST LOANS.—Loans made by or

2 guaranteed by the Secretary under this section shall be
3 zero-interest loans, if the small business receiving such
4 loan does not involuntarily terminate any employee of the
5 small business during the COVID–19 emergency.
6(d) ADVANCE.—

7(1) IN GENERAL.—Upon request from an appli-8

cant for a loan under this section, the Secretary may

9provide to such applicant an advance, in cash, to10such applicant.

11(2) AMOUNT.—An advance provided under

12

paragraph (1) shall be in an amount equal to the13revenue of the applicant for the period beginning

14

January 1, 2020 and ending January 31, 2020.

15(3) PROCEDURES.—

16(A) REVIEW.—The Secretary shall have 1

17week from the receipt of a request for an ad-

18vance under paragraph (1) to conduct a risk as-

19

sessment of the applicant to determine whether

20

to approve or deny such request.

21(B) APPROVAL.—If the Secretary does not22

deny a request under subparagraph (A), the ad-

23vance shall be directly deposited into the ac-

24

count identified by the applicant.

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1(C) REMAINING FUNDS.—Not later than 4

2weeks after approving a request of an applicant

3

under subparagraph (A), the Secretary shall4

disburse the remaining funds to such applicant.

5(e) FORGIVENESS.—If small business that receives a

6 loan or loan guarantee under this section demonstrates to
7 the Secretary that the number of full-time employees of
8 such small business on the date such small business sub9 mitted an application under this section is greater than
10 or equal to the number of full-time employees of such
11 small business on the date that is 1 year after the date
12 of such submission, the Secretary shall forgive the remain13 ing outstanding principal and interest on such loan or loan
14 guarantee.
15(f)

FUNDING.—The

Secretary

shall

use

16 $50,000,000,000 from the Exchange Stabilization Fund,
17 without further appropriation, to carry out this section.
18(g) DEFINITIONS.—In this section:

19

(1)

20

COVID–19

EMERGENCY.—The

term‘‘COVID–19 emergency’’ means the period that—

21(A) begins on the declaration of the emer-

22

gency declared on March 13, 2020, by the23

President under the Robert T. Stafford Dis-

24

aster Relief and Emergency Assistance Act (4225

U.S.C.

4121

et

seq.)

relating

tothe

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455
1Coronavirus Disease 2019 (COVID–19) pan-2

demic; and3(B) ends on the termination by the Federal

4

Emergency Management Agency of such emer-

5

gency.

6(2) SMALL BUSINESS.—The term ‘‘small busi-

7ness’’ means—8(A) a small business concern (as defined

9

under section 3 of the Small Business Act (1510

U.S.C. 632);

11(B) a family farm; and12(C) an independent contractor.

13

SEC. 203. SUSPENSION OF SMALL BUSINESS AND NON-

14

PROFIT LOAN PAYMENTS.

15(a) IN GENERAL.—

16(1) IN

GENERAL.—During

the COVID–19

17

emergency, a debt collector may not, with respect to18

a debt of a small business or non-profit (other than

19

debt related to a federally related mortgage loan)—

20(A) capitalize unpaid interest;21(B) apply a higher interest rate triggered22by the nonpayment of a debt to the debt bal-

23

ance;

24

(C) charge a fee triggered by the non-25

payment of a debt;

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4561(D) sue or threaten to sue for nonpayment

2of a debt;

3(E) continue litigation to collect a debt

4

that was initiated before the date of enactment

5of this section;

6(F) submit or cause to be submitted a con-7

fession of judgment to any court;

8(G) enforce a security interest through re-9possession, limitation of use, or foreclosure;10(H) take or threaten to take any action to11

enforce collection, or any adverse action for

12

nonpayment of a debt, or for nonappearance at13

any hearing relating to a debt;

14(I) commence or continue any action to15

cause or to seek to cause the collection of a16debt, including pursuant to a court order issued

17

before the end of the 120-day period following

18

the end of the COVID–19 emergency, from19

wages, Federal benefits, or other amounts due

20

to a small business or non-profit by way of gar-

21

nishment, deduction, offset, or other seizure;22(J) cause or seek to cause the collection of23

a debt, including pursuant to a court order

24

issued before the end of the 120-day period fol-25

lowing the end of the COVID–19 emergency, by

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457
1

levying on funds from a bank account or seizing

2

any other assets of a small business or non-3

profit;4(K) commence or continue an action to5evict a small business or non-profit from real or

6

personal property; or

7(L) disconnect or terminate service from

8

utility service, including electricity, natural gas,

9

telecommunications or broadband, water, or

10

sewer.

11(2) RULE OF CONSTRUCTION.—Nothing in this12

subsection may be construed to prohibit a small

13business or non-profit from voluntarily paying, in

14

whole or in part, a debt.

15(3) REPAYMENT PERIOD.—After the expiration

16of the COVID–19 emergency, with respect to a debt

17

described under paragraph (1), a debt collector—

18(A) may not add to the debt balance any

19interest or fee prohibited by paragraph (1);20

(B) shall, for credit with a defined term or

21

payment period, extend the time period to repay

22

the debt balance by 1 payment period for each23

payment that a small business or non-profit

24

missed during the COVID–19 emergency, with25

the payments due in the same amounts and at

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458
1

the same intervals as the pre-existing payment

2

schedule;

3(C) shall, for an open end credit plan (as4defined under section 103 of the Truth in5

Lending Act) or other credit without a defined

6

term, allow the small business or non-profit to7

repay the debt balance in a manner that does8

not exceed the amounts permitted by formulas

9under section 170(c) of the Truth in Lending

10

Act and regulations promulgated thereunder;

11

and

12

(D) shall, when the small business or non-13

profit notifies the debt collector, offer reason-

14

able and affordable repayment plans, loan

15

modifications, refinancing, options with a rea-16

sonable time in which to repay the debt.

17(4) COMMUNICATIONS

18

THE COLLECTION OF A DEBT.—

IN CONNECTION WITH

19(A) IN GENERAL.—During the COVID–19

20

emergency, without prior consent of a small

21

business or non-profit given directly to a debt

22

collector during the COVID–19 emergency, or

23

the express permission of a court of competent

24

jurisdiction, a debt collector may only commu-

25

nicate in writing in connection with the collec-

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459
1tion of any debt (other than debt related to a2

federally related mortgage loan).

3(B) REQUIRED DISCLOSURES.—

4(i) IN GENERAL.—All written commu-

5nications described under subparagraph

6(A) shall inform the small business or non-7

profit that the communication is for infor-

8

mational purposes and is not an attempt to9collect a debt.

10(ii) REQUIREMENTS.—The disclosure

11

required under clause (i) shall be made—12(I) in type or lettering not small-13

er than 14–point bold type;14(II) separate from any other dis-15

closure;16(III) in a manner designed to en-17

sure that the recipient sees the disclo-18

sure clearly;

19(IV) in English and Spanish and20

in any additional languages in which21

the debt collector communicates, in-22

cluding the language in which the23loan was negotiated, to the extent

24

known by the debt collector; and

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4601(V) may be provided by first-

2class mail or electronically, if the bor-

3

rower has otherwise consented to elec-

4tronic communication with the debt

5

collector and has not revoked such

6

consent.

7(iii) ORAL NOTIFICATION.—Any oral

8

notification shall be provided in the lan-

9

guage the debt collector otherwise uses to10communicate with the borrower.

11

(iv)

WRITTEN

TRANSLATIONS.—In

12

providing written notifications in languages

13

other than English in this Section, a debt

14

collector may rely on written translations

15

developed by the Bureau of Consumer Fi-

16

nancial Protection.

17(5) VIOLATIONS.—

18(A) IN GENERAL.—Any person who vio-

19

lates this section shall—

20(i) except as provided under clause21(ii), be subject to civil liability in accord-

22

ance with section 813 of the Fair Debt

23

Collection Practices Act, as if the person is24

a debt collector for purposes of that sec-

25tion; and

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461
1(ii) be liable to the small business or2

non-profit for an amount 10 times the3amounts described in such section 813, for4each violation.

5(B) PREDISPUTE

6

MENTS.—Notwithstanding

7of law, no predispute arbitration agreement or8

predispute joint-action waiver shall be valid or

9enforceable with respect to a dispute brought

10

under this section, including a dispute as to the11applicability of this section, which shall be de-12termined under Federal law.

13(6) TOLLING.—Except as provided in para-

14

graph (7)(D), any applicable time limitations, in-15

cluding statutes of limitations, related to a debt

16

under Federal or State law shall be tolled during the17

COVID–19 emergency.

18(7) CLAIMS19DEBT COLLECTORS.—OF

ARBITRATIONAGREE-

any other provision

AFFECTEDCREDITORSAND20(A) VALUATION OF PROPERTY.—With re-21

spect to any action asserting a taking under the22

Fifth Amendment of the Constitution of the23

United States as a result of this section or24

seeking a declaratory judgment regarding the25

constitutionality of this section, the value of the

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462
1

property alleged to have been taken without

2

just compensation shall be evaluated—

3(i) with consideration of the likelihood

4of full and timely payment of the obliga-

5

tion without the actions taken pursuant to6this section; and7(ii) without consideration of any as-8sistance provided directly or indirectly to

9

the small business or non-profit from other10

Federal, State, and local government pro-11

grams instituted or legislation enacted in

12

response to the COVID–19 emergency.

13(B) SCOPE OF JUST COMPENSATION.—In

14

an action described in subparagraph (A), any

15

assistance or benefit provided directly or indi-

16

rectly to the person from other Federal, State,

17

and local government programs instituted in or18

legislation enacted response to the COVID–19

19

emergency, shall be deemed to be compensation

20

for the property taken, even if such assistance21

or benefit is not specifically provided as com-22

pensation for property taken by this section.

23(C) APPEALS.—Any appeal from an action

24

under this section shall be treated under section25

158 of title 28, United States Code, as if it

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1

were an appeal in a case under title 11, United

2States Code.

3(D) REPOSE.—Any action asserting a tak-4

ing under the Fifth Amendment to the Con-5

stitution of the United States as a result of this6

section shall be brought within not later than7

180 days after the end of the COVID–19 emer-

8

gency.

9(8) DEFINITIONS.—In this section:

10(A) COVID–19

EMERGENCY.—The

term

11

‘‘COVID–19 emergency’’ means the period that12

begins upon the date of the enactment of this13

Act and ends on the date of the termination by

14

the Federal Emergency Management Agency of15

the emergency declared on March 13, 2020, by

16

the President under the Robert T. Stafford Dis-

17

aster Relief and Emergency Assistance Act (4218

U.S.C.

19

Coronavirus Disease 2019 (COVID–19) pan-20

demic.

21

(B)

22

means—

4121

et

seq.)

CREDITOR.—The

relating

term

to

the

‘‘creditor’’23(i) any person who offers or extends

24

credit creating a debt or to whom a debt

25

is owed or other obligation for payment;

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464
1(ii) any lessor of real or personal

2

property; or3(iii) any provider of utility services.

4(C) DEBT.—The term ‘‘debt’’—

5(i) means any obligation or alleged ob-

6ligation—

7(I) for which the original agree-8

ment, or if there is no agreement, the9original obligation to pay was created10

before11

whether or not such obligation has

12been reduced to judgment; andthe

COVID–19

emergency,

13(II) that arises out of a trans-

14

action with a small business or non-15

profit; and16(ii) does not include a federally re-17

lated mortgage loan.

18(D) DEBT COLLECTOR.—The term ‘‘debt

19

collector’’ means a creditor, and any person or

20

entity that engages in the collection of debt, in-21

cluding the Federal Government and a State22

government, irrespective of whether the debt is23

allegedly owed to or assigned to that person or24

to the entity.

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465
1

(E)

2

LOAN.—The

3

loan’’ has the meaning given that term under4

section 3 of the Real Estate Settlement Proce-5

dures Act of 1974 (12 U.S.C. 2602).

FEDERALLY

RELATED

MORTGAGE

term ‘‘federally related mortgage

6(F) NON-PROFIT.—The term ‘‘non-profit’’

7

means an organization described in section

8

501(c)(3) of the Internal Revenue Code of 19869and exempt from taxation under section 501(a)10of such Code.

11(G) SMALL BUSINESS.—The term ‘‘small

12business’’ has the meaning given the term

13‘‘small business concern’’ under section 3 of the

14

Small Business Act.

15(b) CREDIT FACILITY FOR OTHER PURPOSES.—The

16 Board of Governors of the Federal Reserve System shall17 establish a facility that the Board of Governors shall use
18 to make payments to holders of loans to compensate such
19 holders for documented financial losses—
20(1) with respect to a loan made to an indi-

21

vidual, small business, or non-profit; and22(2) where such losses were caused by a suspen-

23

sion of payments required under Federal law in con-24

nection with the COVID–19 emergency.

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466
1

SEC. 204. REAUTHORIZATION OF THE STATE SMALL BUSI-

2

NESS CREDIT INITIATIVE ACT OF 2010.

3

The State Small Business Credit Initiative Act of

4 2010 (15 U.S.C. 5701 et seq.) is amended—
5(1) by striking ‘‘2009 allocation’’ each place

6

such term appears and inserting ‘‘2019 allocation’’;7(2) by striking ‘‘2010 allocation’’ each place

8such term appears and inserting ‘‘2020 allocation’’;9(3) by striking ‘‘date of enactment of this Act’’10each place it appears and inserting ‘‘date of the en-

11

actment of the Small Business Support and Access12

to Capital Act of 2020’’;13(4) by striking ‘‘date of the enactment of this

14

Act’’ each place it appears and inserting ‘‘date of15

the enactment of the Small Business Support and16

Access to Capital Act of 2020’’;17(5) in section 3003(b)(2)—18(A) in the section heading, by striking

19‘‘2009 ALLOCATION FORMULA’’ and inserting20

striking ‘‘2019 ALLOCATION FORMULA’’;

21(B) by striking ‘‘2008 State employment

22

decline’’ each place such term appears and in-23

serting ‘‘2018 State employment decline’’;24(C) in subparagraph (A), by striking

25‘‘2009 allocation’’ and inserting ‘‘2019 alloca-

26

tion’’; and

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467
1(D) in subparagraph (C)—2(i) in the subparagraph heading, by

3

striking ‘‘2008

4

CLINE

5

STATE EMPLOYMENT DECLINE DEFINED’’;6(ii) in clause (i), by striking ‘‘Decem-

DEFINED’’

7

ber

8

2017’’; and9

STATE EMPLOYMENT DE-

2007’’

andand inserting ‘‘2018

inserting‘‘December(iii) in clause (ii), by striking ‘‘Decem-

10

ber

11

2018’’;

122008’’

andinserting‘‘December(6) in section 3003(b)(3)—13(A) in the section heading, by striking

14‘‘2010 ALLOCATION FORMULA’’ and inserting15

striking ‘‘2020 ALLOCATION FORMULA’’;

16(B) by striking ‘‘2009 unemployment num-

17

ber’’ each place such term appears and insert-18

ing ‘‘2019 unemployment number’’; and19(C) in subparagraph (C)—20(i) in the subparagraph heading, by

21

striking ‘‘2009

22

DEFINED’’ and inserting ‘‘2019 UNEMPLOY-

23

MENT NUMBER DEFINED’’; and24

UNEMPLOYMENT NUMBER(ii) by striking ‘‘December 2009’’ and25

inserting ‘‘December 2019’’;

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML468
1(7) in section 3005(e), by striking ‘‘to the Sec-2

retary a report’’ and inserting ‘‘to the Secretary and3Congress a report’’;4(8) in section 3007—

5(A) in subsection (a)(1), by striking ‘‘ to6

the Secretary a report’’ and inserting ‘‘to the7

Secretary and Congress a report’’; and

8(B) in subsection (b)—9(i) by striking ‘‘March 31, 2011’’ and10

inserting ‘‘March 31, 2021’’; and11(ii) by striking ‘‘to the Secretary’’ and12

inserting ‘‘to the Secretary and Congress’’;

13

and

14

(9) in section 3009—

15

(A)

in

subsection

16‘‘$1,500,000,000’’17‘‘$10,000,000,000’’;

(b),
and

by

striking
inserting18(B) in subsection (c), by adding at the end

19

the following new sentence: ‘‘At the end of such

20

period, any amounts that remain unexpended or21

unobligated shall be transferred to the Commu-

22nity Development Financial Institutions Fund23

established under section 104(a) of the Riegle

24

Community Development and Regulatory Im-

25

provement Act of 1994.’’.

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469
1

SEC. 205. FUNDING OF THE INITIATIVE TO BUILD GROWTH

2EQUITY FUNDS FOR MINORITY BUSINESSES.

3(a) GRANT.—The Minority Business Development

4 Agency shall provide a grant of $3,000,0000,000 to fully
5 implement the Initiative to Build Growth Equity Funds
6 for Minority Businesses (the ‘‘Initiative’’; award number
7 MB19OBD8020113), including to use such amounts as
8 capital for the Equity Funds.
9(b) ADMINISTRATIVE EXPENSES.—Of the amounts

10 provided under subsection (a), the grant recipient may use
11 not more than 2.25 percent of such amount for adminis12 trative expenses, of which—13(1) not more than 1.5 percent per annum may

14

be used for fees to be paid to investment managers

15

for

16

sourcing, due diligence, investment monitoring, and17

investment reporting; andfund

investment

activities,

including

deal

18

(2) not more than 0.75 percent per annum may

19

be used for fund administration activities by the20

grant recipient, including fund manager evaluation,21

selection, monitoring, and overall fund program

22

management.

23(c) TREATMENTOF

INTEREST.—Notwithstanding

24 any other provision of law, with the approval of the Minor25 ity Business Development Agency, grant funds made26 available under subsection (a) may be deposited in interL:\VA\032220\A032220.026.xml
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470
1 est-bearing accounts pending disbursement, and any inter2 est which accrues may be retained without returning such
3 interest to the Treasury of the United States and interest
4 earned may be obligated and expended for the purposes
5 for which the grant was made available without further
6 appropriation.
7(d) REPORTING AND AUDIT REQUIREMENTS.—

8(1) REPORTING BY RECIPIENT.—The grant re-9cipient under this section shall issue a report to the10

Minority Business Development Agency every 6

11months detailing the use of grant funds received

12

under this section and any other information that13

the Minority Business Development Agency may re-14

quire.

15(2) ANNUAL REPORT TO CONGRESS.—The Mi-

16

nority Business Development Agency shall issue an17annual report to the Congress containing the infor-

18

mation received under paragraph (1) and an anal-

19

ysis of the implementation of the Initiative.

20(3) GAO AUDIT.—The Comptroller General of21

the United States shall, every 2 years, carry out an22

audit of the Initiative and issue a report to the Con-23

gress and the Minority Business Development Agen-24

cy containing the results of such audit.

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1(4) FUND MANAGERS.—Fund managers shall2

annually report on their fund management activities,3

including—

4(A) fund performance;

5(B) impacts of capital investments by in-6

dustry and geography;

7(C) racial, ethnic, and gender demo-

8graphics of minority businesses receiving capital

9from the Initiative; and

10(D) any other ancillary and economic bene-

11

fits of capital investments from the Initiative.

12(e) FUNDING.—There is authorized to be appro-

13 priated to the Minority Business Development Agency
14 $3,000,000,000 to make the grant described under sub15 section (a).
16

SEC. 206. COMMUNITY DEVELOPMENT FINANCIAL INSTITU-

17

TIONS FUND SUPPLEMENTAL APPROPRIA-

18

TION AUTHORIZATION.

19

There

is

authorized

tobeappropriated

20 $1,000,000,000 for fiscal year 2020, for providing finan21 cial assistance and technical assistance under subpara22 graphs (A) and (B) of section 108(a)(1) of the Community
23 Development Banking and Financial Institutions Act of
24 1994 (12 U.S.C. 4707(a)(1)), except that subsections (d)

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472
1 and (e) of such section 108 shall not apply to the provision
2 of such assistance.
3

SEC. 207. MINORITY DEPOSITORY INSTITUTION.

4(a) SENSE OF CONGRESS ON FUNDING THE LOAN-

5

LOSS RESERVE FUND FOR SMALL DOLLAR LOANS.—The

6 sense of Congress is the following:
7(1) The Community Development Financial In-

8stitutions Fund (the ‘‘CDFI Fund’’) is an agency of

9

the Department of the Treasury, and was estab-

10

lished by the Riegle Community Development and

11

Regulatory Improvement Act of 1994. The mission

12of the CDFI Fund is ‘‘to expand economic oppor-

13

tunity for underserved people and communities by

14

supporting the growth and capacity of a national

15

network of community development lenders, inves-

16

tors, and financial service providers’’. A community

17

development financial institution (a ‘‘CDFI’’) is a18

specialized financial institution serving low-income

19

communities and a Community Development Entity20(a ‘‘CDE’’) is a domestic corporation or partnership

21that is an intermediary vehicle for the provision of

22loans, investments, or financial counseling in low-in-

23

come communities. The CDFI Fund certifies CDFIs

24

and CDEs. Becoming a certified CDFI or CDE al-

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1lows organizations to participate in various CDFI

2

Fund programs as follows:

3(A) The Bank Enterprise Award Program,

4

which provides FDIC-insured depository institu-

5

tions awards for a demonstrated increase in6

lending and investments in distressed commu-

7

nities and CDFIs.

8(B) The CDFI Program, which provides

9

Financial and Technical Assistance awards to10

CDFIs to reinvest in the CDFI, and to build11

the capacity of the CDFI, including financing

12

product development and loan loss reserves.

13(C) The Native American CDFI Assistance

14

Program, which provides CDFIs and spon-

15

soring entities Financial and Technical Assist-16

ance awards to increase lending and grow the17

number of CDFIs owned by Native Americans

18

to help build capacity of such CDFIs.

19(D) The New Market Tax Credit Program,

20

which provides tax credits for making equity in-21

vestments in CDEs that stimulate capital in-22

vestments in low-income communities.

23(E) The Capital Magnet Fund, which pro-24

vides awards to CDFIs and nonprofit affordable

25

housing organizations to finance affordable

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474
1

housing solutions and related economic develop-2

ment activities.

3(F) The Bond Guarantee Program, a4source of long-term, patient capital for CDFIs

5

to expand lending and investment capacity for

6community and economic development purposes.

7(2) The Department of the Treasury is author-

8

ized to create multi-year grant programs designed to9encourage low-to-moderate income individuals to es-

10tablish accounts at federally insured banks, and to11

improve low-to-moderate income individuals’ access12

to such accounts on reasonable terms.

13(3) Under this authority, grants to participants

14

in CDFI Fund programs may be used for loan-loss

15

reserves and to establish small-dollar loan programs

16

by subsidizing related losses. These grants also allow

17

for the providing recipients with the financial coun-

18

seling and education necessary to conduct trans-

19

actions and manage their accounts. These loans pro-20

vide low-cost alternatives to payday loans and other21

nontraditional forms of financing that often impose

22

excessive interest rates and fees on borrowers, and23

lead millions of Americans to fall into debt traps.

24

Small-dollar loans can only be made pursuant to

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475
1

terms, conditions, and practices that are reasonable2

for the individual consumer obtaining the loan.

3(4) Program participation is restricted to eligi-

4

ble institutions, which are limited to organizations

5

listed in section 501(c)(3) of the Internal Revenue

6

Code and exempt from tax under 501(a) of such

7

Code, federally insured depository institutions, com-8

munity development financial institutions and State,

9

local, or Tribal government entities.

10(5) Since its founding, the CDFI Fund has

11awarded over $3,300,000,000 to CDFIs and CDEs,

12

allocated $54,000,000,000 in tax credits, and13$1,510,000,000 in bond guarantees. According to

14

the CDFI Fund, some programs attract as much as

15$10 in private capital for every $1 invested by the

16

CDFI Fund. The Administration and the Congress

17

should prioritize appropriation of funds for the loan

18

loss reserve fund and technical assistance programs

19

administered by the Community Development Finan-

20

cial Institution Fund, as included in the version of21

the ‘‘Financial Services and General Government

22

Appropriations Act, 2020’’ (H.R. 3351) that passed

23

the House of Representatives on June, 26, 2019.

24(b) DEFINITIONS.—In this section:

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476
1(1) COMMUNITY DEVELOPMENT FINANCIAL IN-

2

STITUTION.—The term ‘‘community development fi-

3nancial institution’’ has the meaning given under4

section 103 of the Riegle Community Development

5and Regulatory Improvement Act of 1994 (126

U.S.C. 4702).

7(2) MINORITY DEPOSITORY INSTITUTION.—The8

term ‘‘minority depository institution’’ has the9meaning given under section 308 of the Financial

10

Institutions Reform, Recovery, and Enforcement Act

11

of 1989 (12 U.S.C. 1463 note), as amended by this

12

Act.

13

(c) INCLUSION OF WOMEN’S BANKS IN THE DEFINI-

14

TION OF MINORITY DEPOSITORY INSTITUTION.—Section

15 308(b)(1) of the Financial Institutions Reform, Recovery,
16 and Enforcement Act of 1989 (12 U.S.C. 1463 note) is
17 amended—18(1) by redesignating subparagraphs (A), (B),19

and (C) as clauses (i), (ii), and (iii), respectively;

20(2) by striking ‘‘means any’’ and inserting the21

following: ‘‘means—

22‘‘(A) any’’; and23(3) in clause (iii) (as so redesignated), by strik-

24

ing the period at the end and inserting ‘‘; or’’; and

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1(4) by inserting at the end the following new

2

subparagraph:3‘‘(B) any bank described in clause (i), (ii),4or (iii) of section 19(b)(1)(A) of the Federal

5

Reserve Act—

6‘‘(i) more than 50 percent of the out-

7

standing shares of which are held by 1 or

8

more women; and9‘‘(ii) the majority of the directors on

10

the board of directors of which are

11

women.’’.

1213(d) ESTABLISHMENT OF IMPACT BANK DESIGNATION.—

14(1) IN GENERAL.—Each appropriate Federal

15banking agency shall establish a program under

16

which a depository institution with total consolidated

17

assets of less than $10,000,000,000 may elect to be18

designated as an impact bank if 50 percent or more

19of the loans extended by such covered bank are ex-20

tended to low-income borrowers.

21(2) DESIGNATION.—Based on data obtained

22

through examinations, an appropriate Federal bank-23

ing agency shall submit a notification to a depository24

institution stating that the depository institution

25

qualifies for designation as an impact bank.

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478
1(3) APPLICATION.—A depository institution

2

that does not receive a notification described in3paragraph (2) may submit an application to the ap-

4

propriate Federal banking agency demonstrating

5

that the depository institution qualifies for designa-

6tion as an impact bank.

7(4) ADDITIONAL DATA OR OVERSIGHT.—A de-8

pository institution is not required to submit addi-

9tional data to an appropriate Federal banking agen-10

cy or be subject to additional oversight from such an

11

agency if such data or oversight is related specifi-

12cally and solely for consideration for a designation

13

as an impact bank.

14(5) REMOVAL OF DESIGNATION.—If an appro-

15

priate Federal banking agency determines that a de-16

pository institution designated as an impact bank no17

longer meets the criteria for such designation, the18appropriate Federal banking agency shall rescind19

the designation and notify the depository institution

20of such rescission.

21(6) RECONSIDERATION OF DESIGNATION; AP-

22

PEALS.—A depository institution may—

23(A) submit to the appropriate Federal

24banking agency a request to reconsider a deter-

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479
1mination that such depository institution no2

longer meets the criteria for the designation; or

3(B) file an appeal in accordance with pro-4

cedures established by the appropriate Federal

5banking agency.

6(7) RULEMAKING.—Not later than 1 year after7

the date of the enactment of this Act, the appro-

8

priate Federal banking agencies shall jointly issue

9

rules to carry out the requirements of this sub-10

section, including by providing a definition of a low-

11

income borrower.

12(8) FEDERAL DEPOSIT INSURANCE ACT DEFINI-13

TIONS.—In

14

institution’’ and ‘‘appropriate Federal banking agen-15

cy’’ have the meanings given such terms, respec-16

tively, in section 3 of the Federal Deposit Insurance

17

Act (12 U.S.C. 1813).

18(e) MINORITY DEPOSITORY INSTITUTIONS ADVISORY

this subsection, the terms ‘‘depository

19 COMMITTEES.—20(1) ESTABLISHMENT.—Each covered regulator

21

shall establish an advisory committee to be called the22‘‘Minority Depository Institutions Advisory Com-23

mittee’’.

24(2) DUTIES.—Each Minority Depository Insti-

25

tutions Advisory Committee shall provide advice to

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480
1

the respective covered regulator on meeting the goals

2

established by section 308 of the Financial Institu-

3

tions Reform, Recovery, and Enforcement Act of

41989 (12 U.S.C. 1463 note) to preserve the present

5number of covered minority institutions, preserve the6minority character of minority-owned institutions in

7cases involving mergers or acquisitions, provide tech-

8

nical assistance, and encourage the creation of new

9covered minority institutions. The scope of the work10of each such Minority Depository Institutions Advi-

11

sory Committee shall include an assessment of the12current condition of covered minority institutions,13

what regulatory changes or other steps the respec-

14

tive agencies may be able to take to fulfill the re-15

quirements of such section 308, and other issues of

16

concern to minority depository institutions.

17(3) MEMBERSHIP.—

18(A) IN GENERAL.—Each Minority Deposi-

19

tory Institutions Advisory Committee shall con-20

sist of no more than 10 members, who—

21(i) shall serve for one two-year term;

22(ii) shall serve as a representative of23

a depository institution or an insured cred-24

it union with respect to which the respec-

25

tive covered regulator is the covered regu-

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481
1

lator of such depository institution or in-2

sured credit union; and3(iii) shall not receive pay by reason of4

their service on the advisory committee,

5but may receive travel or transportation

6

expenses in accordance with section 5703

7

of title 5, United States Code.

8(B) DIVERSITY.—To the extent prac-

9

ticable, each covered regulator shall ensure that10

the members of Minority Depository Institu-

11

tions Advisory Committee of such agency reflect

12

the diversity of depository institutions.

13(4) MEETINGS.—

14(A) IN GENERAL.—Each Minority Deposi-

15

tory Institutions Advisory Committee shall meet16

not less frequently than twice each year.

17(B) INVITATIONS.—Each Minority Deposi-

18

tory Institutions Advisory Committee shall in-

19

vite the attendance at each meeting of the Mi-

20

nority Depository Institutions Advisory Com-21

mittee of—22(i) one member of the majority party

23

and one member of the minority party of

24

the Committee on Financial Services of the

25

House of Representatives and the Com-

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482
1

mittee on Banking, Housing, and Urban

2

Affairs of the Senate; and3(ii) one member of the majority party4and one member of the minority party of5

any relevant subcommittees of such com-6

mittees.

7(5) NO TERMINATION OF ADVISORY COMMIT-

8

TEES.—The termination requirements under section

9

14 of the Federal Advisory Committee Act (5 U.S.C.

10app.) shall not apply to a Minority Depository Insti-

11

tutions Advisory Committee established pursuant to12this subsection.

13(6) DEFINITIONS.—In this subsection:

14(A) COVEREDREGULATOR.—The

term

15

‘‘covered regulator’’ means the Comptroller of16

the Currency, the Board of Governors of the17

Federal Reserve System, the Federal Deposit

18

Insurance Corporation, and the National Credit

19

Union Administration.

20(B) COVERED MINORITY INSTITUTION.—

21

The term ‘‘covered minority institution’’ means

22

a minority depository institution (as defined in

23

section 308(b) of the Financial Institutions Re-

24

form, Recovery, and Enforcement Act of 1989

25

(12 U.S.C. 1463 note)) or a minority credit

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483
1

union (as defined in section 1204(c) of the Fi-

2nancial Institutions Reform, Recovery, and En-

3forcement Act of 1989, as amended by this

4

Act).

5

(C) DEPOSITORY INSTITUTION.—The term

6‘‘depository institution’’ has the meaning given

7

under section 3 of the Federal Deposit Insur-

8

ance Act (12 U.S.C. 1813).

9(D) INSURED CREDIT UNION.—The term

10‘‘insured credit union’’ has the meaning given

11

in section 101 of the Federal Credit Union Act

12(12 U.S.C. 1752).

13(7) TECHNICAL AMENDMENT.—Section 308(b)14of the Financial Institutions Reform, Recovery, and

15

Enforcement Act of 1989 (12 U.S.C. 1463 note) is

16

amended by adding at the end the following new17

paragraph:18‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de-19

pository institution’ means an ‘insured depository in-20

stitution’ (as defined in section 3 of the Federal De-

21

posit Insurance Act (12 U.S.C. 1813)) and an in-22

sured credit union (as defined in section 101 of the

23

Federal Credit Union Act (12 U.S.C. 1752)).’’.

24(f) FEDERAL DEPOSITS IN MINORITY DEPOSITORY

25 INSTITUTIONS.—

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1(1) IN GENERAL.—Section 308 of the Financial

2

Institutions Reform, Recovery, and Enforcement Act

3

of 1989 (12 U.S.C. 1463 note) is amended—

4(A) by adding at the end the following new

5subsection:

6‘‘(d) FEDERAL DEPOSITS.—The Secretary of the

7 Treasury shall ensure that deposits made by Federal agen8 cies in minority depository institutions and impact banks
9 are fully collateralized or fully insured, as determined by
10 the Secretary. Such deposits shall include reciprocal de11 posits as defined in section 337.6(e)(2)(v) of title 12, Code
12 of Federal Regulations (as in effect on March 6, 2019).’’;
13 and14(B) in subsection (b), as amended by sec-

15

tion 6(g), by adding at the end the following

16

new paragraph:17‘‘(4) IMPACT BANK.—The term ‘impact bank’18

means a depository institution designated by an ap-

19

propriate Federal banking agency pursuant to sec-

20

tion 5 of the Ensuring Diversity in Community

21

Banking Act of 2020.’’.

22(2) TECHNICAL AMENDMENTS.—Section 308 of

23

the Financial Institutions Reform, Recovery, and24

Enforcement Act of 1989 (12 U.S.C. 1463 note) is

25

amended—

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485
1(A) in the matter preceding paragraph (1),2by striking ‘‘section—’’ and inserting ‘‘sec-3

tion:’’; and4(B) in the paragraph heading for para-

5graph (1), by striking ‘‘FINANCIAL’’ and insert-6

ing ‘‘DEPOSITORY’’.

7(g) MINORITY BANK DEPOSIT PROGRAM.—8(1) IN GENERAL.—Section 1204 of the Finan-

9

cial Institutions Reform, Recovery, and Enforcement

10

Act of 1989 (12 U.S.C. 1811 note) is amended to11read as follows:

12‘‘SEC. 1204. EXPANSION OF USE OF MINORITY BANKS AND

13

MINORITY CREDIT UNIONS.

14‘‘(a) MINORITY BANK DEPOSIT PROGRAM.—15‘‘(1) ESTABLISHMENT.—There is established a16

program to be known as the ‘Minority Bank Deposit

17

Program’ to expand the use of minority banks and18

minority credit unions.

19‘‘(2) ADMINISTRATION.—The Secretary of the20

Treasury, acting through the Fiscal Service, shall—

21‘‘(A) on application by a depository institu-

22tion or credit union, certify whether such depos-

23

itory institution or credit union is a minority

24bank or minority credit union;

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486
1‘‘(B) maintain and publish a list of all de-2

pository institutions and credit unions that have3

been certified pursuant to subparagraph (A);

4

and

5

‘‘(C) periodically distribute the list de-

6

scribed in subparagraph (B) to—7‘‘(i) all Federal departments and8

agencies;

9‘‘(ii) interested State and local govern-

10

ments; and11‘‘(iii) interested private sector compa-

12

nies.

13

‘‘(3) INCLUSIONOFCERTAIN

ENTITIES

ON

14

LIST.—A depository institution or credit union that,15on the date of the enactment of this section, has a16current certification from the Secretary of the17

Treasury stating that such depository institution or18

credit union is a minority bank or minority credit

19

union shall be included on the list described under

20

paragraph (2)(B).

21‘‘(b) EXPANDED USE AMONG FEDERAL DEPART-

22

MENTS AND AGENCIES.—

23‘‘(1) IN GENERAL.—Not later than 1 year after

24

the establishment of the program described in sub-25

section (a), the head of each Federal department or

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487
1

agency shall develop and implement standards and2procedures to ensure, to the maximum extent pos-3

sible as permitted by law, the use of minority banks

4

and minority credit unions to serve the financial

5

needs of each such department or agency.

6‘‘(2) REPORT TO CONGRESS.—Not later than 2

7years after the establishment of the program de-8

scribed in subsection (a), and annually thereafter,9

the head of each Federal department or agency shall10

submit to Congress a report on the actions taken to11

increase the use of minority banks and minority

12

credit unions to serve the financial needs of each

13

such department or agency.

14‘‘(c) DEFINITIONS.—For purposes of this section:

15‘‘(1) CREDIT UNION.—The term ‘credit union’

16

has the meaning given the term ‘insured credit

17

union’ in section 101 of the Federal Credit Union

18

Act (12 U.S.C. 1752).

19‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de-20

pository institution’ has the meaning given the term

21

‘insured depository institution’ in section 3 of the

22

Federal Deposit Insurance Act (12 U.S.C. 1813).

23‘‘(3) MINORITY.—The term ‘minority’ means

24

any Black American, Native American, Hispanic

25

American, or Asian American.

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4881‘‘(4) MINORITY

BANK.—The

term ‘minority

2bank’ means a minority depository institution as de-3

fined in section 308 of this Act.

4‘‘(5) MINORITY CREDIT UNION.—The term ‘mi-5

nority credit union’ means any credit union for6which more than 50 percent of the membership (in-7cluding board members) of such credit union are mi-8

nority individuals, as determined by the National

9

Credit Union Administration pursuant to section

10308 of this Act.’’.

11

(2)

12

lowing13‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’:CONFORMING
provisions

14

AMENDMENTS.—Theareamendedbyfol-striking(A) Section 808(b)(3) of the Community

15

Reinvestment

162907(b)(3)).

17

Act

of

1977

(12

U.S.C.

(B) Section 40(g)(1)(B) of the Federal De-

18

posit

19

1831q(g)(1)(B)).

Insurance

Act

(12

U.S.C.

20(C) Section 704B(h)(4) of the Equal Cred-21

it Opportunity Act (15 U.S.C. 1691c–2(h)(4)).

22(h) DIVERSITY REPORT AND BEST PRACTICES.—

23(1) ANNUAL REPORT.—Each covered regulator

24

shall submit to Congress an annual report on diver-25

sity including the following:

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489
1(A) Data, based on voluntary self-identi-

2

fication, on the racial, ethnic, and gender com-3

position of the examiners of each covered regu-

4

lator, disaggregated by length of time served as

5

an examiner.

6(B) The status of any examiners of cov-

7

ered regulators, based on voluntary self-identi-

8

fication, as a veteran.

9(C) Whether any covered regulator, as of10

the date on which the report required under

11

this subsection is submitted, has adopted a pol-12

icy, plan, or strategy to promote racial, ethnic,

13

and gender diversity among examiners of the14

covered regulator.

15(D) Whether any special training is devel-

16

oped and provided for examiners related specifi-

17

cally to working with banks that serve commu-

18

nities that are predominantly minorities, low in-

19

come, or rural, and the key focus of such train-

20

ing.

21

(2) BEST PRACTICES.—Each Office of Minority

22and Women Inclusion of a covered regulator shall23

develop, provide to the head of the covered regulator,

24

and make publicly available best practices—

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4901(A) for increasing the diversity of can-2

didates applying for examiner positions, includ-3

ing through outreach efforts to recruit diverse

4

candidate to apply for entry-level examiner posi-

5

tions; and

6(B) for retaining and providing fair consid-

7

eration for promotions within the examiner

8

staff for purposes of achieving diversity among

9examiners.

10(3) COVERED REGULATOR DEFINED.—In this11

subsection, the term ‘‘covered regulator’’ means the12Comptroller of the Currency, the Board of Gov-

13

ernors of the Federal Reserve System, the Federal

14

Deposit Insurance Corporation, and the National

15

Credit Union Administration.

16(i) INVESTMENTS IN MINORITY DEPOSITORY INSTI-17

TUTIONS AND IMPACT BANKS.—

18(1) CONTROL FOR CERTAIN INSTITUTIONS.—

19

Section 7(j)(8)(B) of the Federal Deposit Insurance

20

Act (12 U.S.C. 1817(j)(8)(B)) is amended to read21

as follows:

22‘‘(B) ‘control’ means the power, directly or indi-

23

rectly—24‘‘(i) to direct the management or policies

25

of an insured depository institution; or

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491
1‘‘(ii)(I) with respect to an insured deposi-2

tory institution, of a person to vote 25 per cen-3

tum or more of any class of voting securities of4such institution; or5‘‘(II) with respect to an insured depository

6

institution that is an impact bank (as des-7

ignated pursuant to section 5 of the Ensuring

8

Diversity in Community Banking Act of 2020)9

or a minority depository institution (as defined10

in section 308(b) of the Financial Institutions

11

Reform, Recovery, and Enforcement Act of

121989), of an individual to vote 30 percent of

13

more of any class of voting securities of such an

14

impact bank or a minority depository institu-

15

tion.’’.

16(2) RULEMAKING.—The appropriate Federal

17banking agency (as defined in section 3 of the Fed-18

eral Deposit Insurance Act (12 U.S.C. 1813)) shall19

jointly issue rules for de novo minority depository in-20

stitutions and de novo impact banks (as designated21

pursuant to section 5) to allow 3 years to meet the22capital requirements otherwise applicable to minority

23

depository institutions and impact banks.

24(3) REPORT.—Not later than 1 year after the25date of the enactment of this Act, the appropriate

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492
1

Federal banking agencies shall jointly submit to2

Congress a report on—

3(A) the principal causes for the low num-4

ber of de novo minority depository institutions

5

during the 10-year period preceding the date of6

the report;

7(B) the main challenges to the creation of

8

de novo minority depository institutions and de

9

novo impact banks; and10(C) regulatory and legislative consider-11

ations to promote the establishment of de novo

12

minority depository institutions and de novo im-

13

pact banks.

14(j) REQUIREMENT TO MENTOR MINORITY DEPOSI-

15

TORY INSTITUTIONS OR COMMUNITY DEVELOPMENT FI-

16

NANCIAL INSTITUTIONS TO SERVE AS A DEPOSITARY OR

17 FINANCIAL AGENT.—
18(1) IN GENERAL.—Before a large financial in-19

stitution may be employed as a financial agent of20

the Department of the Treasury or perform any rea-21

sonable duties as depositary of public moneys of the22

Department of the Treasury, the large financial in-23

stitution shall demonstrate participation as a mentor

24

in a covered mentor-protege program to a protege

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML493
1firm that is a minority depository institution or a2community development financial institution.

3(2) REPORT.—Not later than 6 months after4

the date of the enactment of this Act and annually5

thereafter, the Secretary of the Treasury shall sub-6

mit to Congress a report on participants in a cov-

7

ered mentor-protege program, including an analysis

8of outcomes of such program.

9(3) PROCEDURES.—The Secretary of the Treas-10

ury shall publish procedures for compliance with the11requirements of this subsection for large financial

12

institutions.

13(4) DEFINITIONS.—In this subsection:

14

(A)

COVEREDMENTOR-PROTEGE

PRO-

15

GRAM.—The term ‘‘covered mentor-protege pro-

16

gram’’ means a mentor-protege program estab-

17

lished by the Secretary of the Treasury pursu-

18

ant to section 45 of the Small Business Act (1519

U.S.C. 657r).

20(B) LARGE FINANCIAL INSTITUTION.—The

21

term ‘‘large financial institution’’ means any

22entity—23(i) regulated by the Comptroller of the24

Currency, the Board of Governors of the25

Federal Reserve System, the Federal De-

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494
1

posit Insurance Corporation, or the Na-

2tional Credit Union Administration; and3(ii) that has total consolidated assets

4

greater than or equal to $50,000,000,000.

5(k) CUSTODIAL DEPOSIT PROGRAM FOR COVERED6 MINORITY DEPOSITORY INSTITUTIONSANDIMPACT

7 BANKS.—8(1) ESTABLISHMENT.—The Secretary of the9

Treasury shall establish a custodial deposit program10(in this subsection referred to as the ‘‘Program’’)11

under which a covered bank shall receive monthly

12

deposits from a qualifying account.

13(2) APPLICATION.—A covered bank shall sub-14

mit to the Secretary an application to participate in15

the Program at such time, in such manner, and con-16

taining such information as the Secretary may deter-

17

mine.

18

(3) PROGRAM OPERATIONS.—

19(A) DESIGNATIONOF CUSTODIAL ENTI-20

TIES.—The

21

custodial entities to make monthly deposits with22

covered banks selected for participation in the23

Program on behalf of a qualifying account.

24

Secretary shall designate eligible(B) CUSTODIAL ACCOUNTS.—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML4951(i) IN GENERAL.—The Secretary shall2

establish a custodial deposit account for3each qualifying account with the eligible

4

custodial entity designated to make depos-

5

its with covered banks for each such quali-

6fying account.

7(ii) AMOUNT.—The Secretary shall8

deposit a total amount not greater than 5

9percent of a qualifying account into any

10custodial

11

under subparagraph (A).

12

depositaccounts

established(iii) DEPOSITS WITH PROGRAM PAR-

13

TICIPANTS.—

14(I) MONTHLY DEPOSITS.—Each15

month, each eligible custodial entity

16

designated by the Secretary shall de-17

posit an amount not greater than the18

insured amount, in the aggregate,

19

from each custodial deposit account,20

in a single covered bank.

21(II) LIMITATION.—With respect

22

to the funds of an individual quali-

23

fying account, the eligible custodial

24

entity may not deposit an amount

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496
1greater than the insured amount in a2

single covered bank.

3

(III)

INSUREDAMOUNT

DE-

4

FINED.—In this clause, the term ‘‘in-5

sured amount’’ means the amount6

that is the greater of—7(aa) the standard maximum

8

deposit insurance amount (as de-9

fined in section 11(a)(1)(E) of

10

the Federal Deposit Insurance

11

Act (12 U.S.C. 1821(a)(1)(E)));

12

or

13

(bb) such higher amount ne-

14

gotiated between the Secretary

15

and the Corporation under which

16

the Corporation will insure all de-17

posits of such higher amount.

18(iv) LIMITATIONS.—The total amount19

of funds deposited under the Program in a20

covered bank may not exceed the lesser

21

of—

22

(I) 10 percent of the average

23amount of deposits held by such cov-

24ered bank in the previous quarter; or25(II) $100,000,000.

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497
1(C) INTEREST.—2(i) IN GENERAL.—Each eligible custo-

3

dial entity designated by the Secretary

4

shall—

5(I) collect interest from each cov-

6

ered bank in which such custodial en-

7tity deposits funds pursuant to sub-8

paragraph (B); and9(II) disburse such interest to the10

Secretary each month.

11(ii) INTEREST RATE.—The rate of any

12interest collected under this subparagraph13

may not exceed 50 percent of the discount14

window primary credit interest rate most

15

recently published on the Federal Reserve

16

Statistical Release on selected interest

17

rates (daily or weekly), commonly referred18

to as the H.15 release (commonly known

19

as the ‘‘Federal funds rate’’).

20(D) STATEMENTS.—Each eligible custodial

21

entity designated by the Secretary shall submit

22

to the Secretary monthly statements that in-23

clude the total amount of funds deposited with,24

and interest rate received from, each covered

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498
1bank by the eligible custodial entity on behalf of2

qualifying entities.

3(E) RECORDS.—The Secretary shall issue

4

a quarterly report to Congress and make pub-5

licly available a record identifying all covered

6

banks

7

amounts deposited under the Program in cov-

8

ered banks.

9(4) REQUIREMENTS RELATING TO DEPOSITS.—

10

Deposits made with covered banks under this sub-11

section may not—participating

in

the

Programand

12(A) be considered by the Corporation to be

13

funds obtained, directly or indirectly, by or

14

through any deposit broker for deposit into 1 or

15

more deposit accounts (as described under sec-

16

tion 29 of the Federal Deposit Insurance Act

17(12 U.S.C. 1831f)); or

18(B) be subject to insurance fees from the19

Corporation that are greater than insurance

20

fees for typical demand deposits not obtained,21

directly or indirectly, by or through any deposit

22

broker (commonly known as ‘‘core deposits’’).

23(5) MODIFICATIONS.—

24(A) IN25

GENERAL.—The

Secretary shallprovide a 3-month period for public notice and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML499
1comment before making any material change to2

the operation of the Program.

3(B) EXCEPTION.—The requirements of

4

subparagraph (A) shall not apply if the Sec-5

retary makes a material change to the Program6

to comply with safety and soundness standards

7

or other law.

8(6) TERMINATION.—

9(A) BY COVERED BANK.—A covered bank10

selected for participation in the Program pursu-

11

ant to paragraph (3) may terminate participa-

12tion in the Program by providing the Secretary13

a notification 60 days prior to termination.

14(B) BY SECRETARY.—The Secretary may

15

terminate the participation of a covered bank in

16

the Program if the Secretary determines the17

covered bank—18(i) violated any terms of participation

19

in the Program;20(ii) failed to comply with Federal

21bank secrecy laws, as documented in writ-22

ing by the primary regulator of the covered

23

bank;

24

(iii) failed to remain well capitalized;

25

or

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5001(iv) failed comply with safety and2

soundness standards, as documented in3

writing by the primary regulator of the4covered bank.

5(7) DEFINITIONS.—In this subsection:

6(A) CORPORATION.—The term ‘‘Corpora-

7

tion’’ means the Federal Deposit Insurance

8

Corporation.

9(B) COVERED BANK.—The term ‘‘covered

10bank’’ means—

11(i) a minority depository institution

12

that is regulated by the Corporation or the

13

National Credit Union Administration that14

is well capitalized (as defined in section

15

38(b) of the Federal Deposit Insurance

16

Act (12 U.S.C. 1831o(b))); or17(ii) a depository institution designated18

pursuant to section 5 of the Ensuring Di-

19

versity in Community Banking Act of 2020

20

that is well capitalized (as defined in sec-

21

tion 38(b) of the Federal Deposit Insur-

22

ance Act (12 U.S.C. 1831o(b))).

23(C) ELIGIBLE CUSTODIAL ENTITY.—The24

term ‘‘eligible custodial entity’’ means—

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5011(i) an insured depository institution2(as defined in section 3 of the Federal De-

3posit Insurance Act (12 U.S.C. 1813)),4(ii) an insured credit union (as de-5

fined in section 101 of the Federal Credit

6

Union Act (12 U.S.C. 1752)), or

7(iii) or a well capitalized State-char-

8

tered trust company,

9

designated by the Secretary under subsection

10(k)(3)(A).

11(D) FEDERAL BANK SECRECY LAWS.—The

12

term ‘‘Federal bank secrecy laws’’ means—

13(i) section 21 of the Federal Deposit

14

Insurance Act (12 U.S.C. 1829b);

15(ii) section 123 of Public Law 91–

16508; and

17(iii) subchapter II of chapter 53 of

18

title 31, United States Code.

19(E) QUALIFYINGACCOUNT.—The

term

20

‘‘qualifying account’’ means any account estab-

21

lished in the Department of the Treasury

22

that—

23

(i) is controlled by the Secretary; and

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5021(ii) is expected to maintain a balance2

greater than $200,000,000 for the fol-3

lowing calendar month.

4(F) SECRETARY.—The term ‘‘Secretary’’5means the Secretary of the Treasury.

6(G) WELL CAPITALIZED.—The term ‘‘well

7

capitalized’’ has the meaning given in section

8

38 of the Federal Deposit Insurance Act (129U.S.C. 1831o).

10(l) STREAMLINED COMMUNITY DEVELOPMENT FI-

11

NANCIAL INSTITUTION APPLICATIONS AND REPORTING.—

12(1) APPLICATION PROCESSES.—Not later than

13

12 months after the date of the enactment of this14

Act and with respect to any person having assets

15

under $3,000,000,000 that submits an application

16

for deposit insurance with the Federal Deposit In-

17surance Corporation that could also become a com-18

munity development financial institution, the Fed-19

eral Deposit Insurance Corporation, in consultation

20

with the Administrator of the Community Develop-

21

ment Financial Institutions Fund, shall—

22(A) develop systems and procedures to23

record necessary information to allow the Ad-

24

ministrator to conduct preliminary analysis for

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503
1such person to also become a community devel-2

opment financial institution; and3(B) develop procedures to streamline the4application and annual certification processes

5and to reduce costs for such person to become,6

and maintain certification as, a community de-7velopment financial institution that serves low-8

and moderate-income neighborhoods (as defined

9

under the Community Reinvestment Act of

101977 (12 U.S.C. 2901 et seq.)).

11(2) REPORT ON IMPLEMENTATION.—Not later12

than 18 months after the date of the enactment of

13

this Act, the Federal Deposit Insurance Corporation

14

shall submit to Congress a report describing the sys-

15tems and procedures required under paragraph (1).

16(3) ANNUAL REPORT.—

17(A) IN GENERAL.—Section 17(a)(1) of the

18

Federal Deposit Insurance Act (12 U.S.C.

19

1827(a)(1)) is amended—20(i) in subparagraph (E), by striking

21‘‘and’’ at the end;

22(ii) by redesignating subparagraph23(F) as subparagraph (G);24(iii) by inserting after subparagraph

25(E) the following new subparagraph:

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504
1‘‘(F) applicants for deposit insurance that2

could also become a community development fi-

3nancial institution (as defined in section 103 of

4

the Riegle Community Development and Regu-

5

latory Improvement Act of 1994), a minority

6

depository institution (as defined in section 308

7of the Financial Institutions Reform, Recovery,

8and Enforcement Act of 1989), or an impact

9bank (as designated pursuant to section 5 of

10

the Ensuring Diversity in Community Banking

11

Act of 2020); and’’.

12(B) APPLICATION.—The amendment made13

by this paragraph shall apply with respect to

14

the first report to be submitted after the date

15

that is 2 years after the date of the enactment

16of this Act.

17(m) TASK FORCE ON LENDING TO SMALL BUSINESS

18 CONCERNS.—
19(1) IN GENERAL.—Not later than 6 months

20

after the date of the enactment of this Act, the Ad-

21

ministrator of the Small Business Administration

22

shall establish a task force to examine methods for23

improving relationships between the Small Business

24

Administration and community development finan-

25

cial institutions, minority depository institutions,

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505
1

and impact bank (as designated pursuant to section

2

5 of the Ensuring Diversity in Community Banking

3

Act of 2020) to increase the volume of loans pro-4

vided by such institutions to small business concerns5(as defined under section 3 of the Small Business6

Act (15 U.S.C. 632)).

7(2) REPORT TO CONGRESS.—Not later than 18

8months after the establishment of the task force de-9

scribed in paragraph (1), the Administrator of the10

Small Business Administration shall submit to Con-

11

gress a report on the findings of such task force.

12(n) ASSISTANCE TO MINORITY DEPOSITORY INSTI-13

TUTIONS AND

IMPACT BANKS.—The Secretary of the

14 Treasury shall establish a program to provide assistance
15 to a minority depository institution or an impact bank (as16 designated pursuant to section 5 of the Ensuring Diversity
17 in Community Banking Act of 2020) to support growth
18 and development of such minority depository institutions
19 and impact banks, including by providing assistance with
20 obtaining or converting a charter, bylaw amendments,
21 field-of-membership expansion requests, and online train22 ing and resources.
23

SEC. 208. LOANS TO MDIS AND CDFIS.

24(a) IN GENERAL.—During the COVID–19 emergency

25 period, the Board of Governors of the Federal Reserve

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1 System shall provide zero-interest loans to minority depos2 itory institutions and community development financial in3 stitutions to help mitigate the economic impact of
4 COVID–19 in low-income, underserved communities.
5(b) ASSET LIMITATION.—Subsection (a) shall only

6 apply to minority depository institutions and community
7 development

financial

institutions

with

less

than

8 $1,000,000,000 in assets.
910(c) INTEREST TO RESUME 18 MONTHS AFTER PANDEMIC.—Notwithstanding

subsection (a), the Board of

11 Governors shall charge interest on loans made pursuant
12 to subsection (a) after the end of the 18-month period be13 ginning at the end of the COVID–19 emergency period,
14 at a rate to be determined by the Board of Governors
15 based on the interest amount charged under the discount16 window lending programs.
17(d) COVID–19 PANDEMIC DEFINED.—In this sec-

18 tion, the term ‘‘COVID–19 emergency period’’ means the
19 period that begins upon the date of the enactment of this20 Act and ends upon the date of the termination by the Fed21 eral Emergency Management Administration of the emer22 gency declared on March 13, 2020, by the President under
23 the Robert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 4121 et seq.) relating to the
25 Coronavirus Disease 2019 (COVID–19) pandemic.

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507
1SEC. 209. INSURANCE OF TRANSACTION ACCOUNTS.

2(a) BANKS AND SAVINGS ASSOCIATIONS.—

3(1) AMENDMENTS.—Section 11(a)(1) of the

4

Federal51821(a)(1)) is amended—

6

DepositInsurance

Act

(12

U.S.C.

(A) in subparagraph (B)—7(i) by striking ‘‘The net amount’’ and8

inserting the following:

9‘‘(i) IN GENERAL.—Subject to clause

10(ii), the net amount’’; and11(ii) by adding at the end the following

12

new clauses:

13‘‘(ii) AUTHORIZATION FOR INSURANCE

14

FOR TRANSACTION ACCOUNTS.—Notwith-15

standing clause (i), the Corporation may

16

fully insure the net amount that any de-17

positor at an insured depository institution

18

maintains in a transaction account. Such19

amount shall not be taken into account20

when computing the net amount due to

21such depositor under clause (i).

22‘‘(iii) TRANSACTIONACCOUNTDE-

23

FINED.—For

24graph, the term ‘transaction account’ has

25

the meaning given that term under section

purposes of this subpara-

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1

19 of the Federal Reserve Act (12 U.S.C.

2461).’’; and3(B) in subparagraph (C), by striking ‘‘sub-4

paragraph (B)’’ and inserting ‘‘subparagraph

5(B)(i)’’.

6(2) PROSPECTIVE REPEAL.—Effective January

7

1, 2022, section 11(a)(1) of the Federal Deposit In-

8surance Act (12 U.S.C. 1821(a)(1)), as amended by

9paragraph (1), is amended—

10(A) in subparagraph (B)—11(i) by striking ‘‘DEPOSIT.—’’ and all

12that follows through ‘‘clause (ii), the net

13amount’’ and insert ‘‘DEPOSIT.—The net

14amount’’; and15(ii) by striking clauses (ii) and (iii);

16

and

17

(B) in subparagraph (C), by striking ‘‘sub-18

paragraph (B)(i)’’ and inserting ‘‘subparagraph

19(B)’’.

20(b) CREDIT UNIONS.—

21(1) AMENDMENTS.—Section 207(k)(1) of the

22

Federal Credit Union Act (12 U.S.C. 1787(k)(1)) is23

amended—

24(A) in subparagraph (A)—

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1(i) by striking ‘‘Subject to the provi-2

sions of paragraph (2), the net amount’’3

and inserting the following:

4‘‘(i) NETAMOUNT

OF

INSURANCE

5PAYABLE.—Subject to clause (ii) and the6provisions of paragraph (2), the net

7amount’’; and8(ii) by adding at the end the following

9

new clauses:

10‘‘(ii) AUTHORIZATION FOR INSURANCE

11

FOR TRANSACTION ACCOUNTS.—Notwith-12

standing clause (i), the Board may fully in-13

sure the net amount that any member or

14

depositor at an insured credit union main-15

tains in a transaction account. Such16

amount shall not be taken into account17

when computing the net amount due to18

such member or depositor under clause (i).

19‘‘(iii) TRANSACTIONACCOUNTDE-20

FINED.—For

21graph, the term ‘transaction account’ has

22

the meaning given that term under section

23

19 of the Federal Reserve Act (12 U.S.C.

24461).’’; andpurposes of this subpara-

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5101(B) in subparagraph (B), by striking ‘‘sub-2

paragraph (A)’’ and inserting ‘‘subparagraph

3(A)(i)’’.

4(2) PROSPECTIVE REPEAL.—Effective January

5

1, 2022, section 207(k)(1) of the Federal Credit

6

Union Act (12 U.S.C. 1787(k)(1)), as amended by

7

paragraph (1), is amended—

8(A) in subparagraph (A)—9(i) by striking ‘‘(i) NET AMOUNT OF

10

INSURANCE PAYABLE.—’’ and all that fol-11

lows through ‘‘paragraph (2), the net

12amount’’ and inserting ‘‘Subject to the13

provisions of paragraph (2), the net

14amount’’; and15(ii) by striking clauses (ii) and (iii);

16

and

17

(B) in subparagraph (B), by striking ‘‘sub-18

paragraph (A)(i)’’ and inserting ‘‘subparagraph

19(A)’’.

20(c) COVID–19 EMERGENCY DEFINED.—In this sec-

21 tion, the term ‘‘COVID–19 emergency’’ means the period
22 that begins upon the date of the enactment of this Act
23 and ends upon the date of the termination by the Federal
24 Emergency Management Agency of the emergency de25 clared on March 13, 2020, by the President under the

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511
1 Robert T. Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 4121 et seq.) relating to the
3 Coronavirus Disease 2019 (COVID–19) pandemic.

TITLE III—SUPPORTING STATE,5
TERRITORY, AND LOCAL GOV6
ERNMENTS
47

SEC. 301. MUNI FACILITY.

8(a) AMENDMENT TO AUTHORITY TO BUY AND SELL

9 BONDS AND NOTES.—Section 14(b) of the Federal Re10 serve Act (12 U.S.C. 355) is amended—
11(1) in paragraph (1)—12(A) by inserting ‘‘and during unusual and13

exigent circumstances,’’ before ‘‘bonds issued’’;

14

and

15

(B) by striking ‘‘of 1933’’ and all that fol-16

lows through ‘‘assured revenues’’; and17(2) by adding at the end the following:

18‘‘(3) STATE

DEFINED.—In

this section, the19term ‘State’ means each of the several States, the20District of Columbia, each territory and possession

21of the?United States, and each federally recognized22

Indian Tribe.’’.

23(b) FEDERAL RESERVE AUTHORIZATION TO PUR-

24

CHASE COVID–19 RELATED MUNICIPAL ISSUANCES.—

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5121(1) AUTHORITY.—Within seven days after the2date of enactment of this subsection, the Federal

3

Reserve Board of Governors shall establish a facility

4

to buy and sell, at home or abroad, bills, notes,

5bonds, and warrants with a maturity from date of6purchase of not exceeding 10 years that are issued

7by any State or political subdivision thereof between

8

March 1, 2020, and July 1, 2021, in order to fund9

a public health or public service response to the10

COVID–19 pandemic. The Board of Governors of

11

the Federal Reserve System may extend the author-

12

ity under this subsection if the Board determines

13

necessary.

14(2) REQUIREDPURCHASES.—The

Board of15

Governors of the Federal Reserve System shall es-

16tablish policies and procedures to require the direct

17

placement of bills, notes, bonds, and warrants de-18

scribed in paragraph (1) with the Board at an inter-19

est cost that does not exceed the Federal funds rate

20

target for short-term interbank lending, within seven21days after the date of enactment of this section.

22(3) REVIEW OF SPENDING.—During the 3-year

23

period beginning on the date on which all purchases

24

under this section are completed, relevant Federal

25

authorities shall review such purchases to determine

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513
1

if funds were diverted from legitimate public health2

or public services responses to the COVID–19 pan-3

demic to make such purchase. The relevant Federal

4authorities shall take appropriate action based on

5findings of such review.

6(4) DEFINITIONS.—In this subsection:

7(A) PUBLIC HEALTH OR PUBLIC SERVICE8RESPONSE TO THE COVID–19 PANDEMIC.—The

9

term ‘‘public health or public service response10

to the COVID–19 pandemic’’ means—

11(i) the purchase, manufacture, or de-

12

livery of medical equipment, facilities, or

13services—

14

(I)

15

to

treat

or

quarantine

COVID–19 patients;

16(II) to protect first responders

17

interacting with such patients; or

18(III) to test for COVID–19 infec-

19

tions and track social contacts of pa-

20tients who have tested positive for the21

virus;

22(ii) the purchase, manufacture, or de-23

livery of basic living supports for individ-

24

uals who are not COVID–19 patients dur-25

ing periods of voluntary or mandatory so-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML514
1cial distancing or quarantine designed to2

prevent the spread of COVID–19; or3(iii) the maintenance and delivery of

4basic public services to communities re-5

sponding to the public health or economic

6

effects of the COVID–19 pandemic.

7(B) STATE.—The term ‘‘State’’ means

8each of the several States, the District of Co-

9lumbia, each territory and possession of the10

United States, and each federally recognized In-

11dian Tribe.

12

SEC. 302. TEMPORARY WAIVER AND REPROGRAMMING AU-

13

THORITY.

14(a) WAIVER AUTHORITY.—

15(1) IN GENERAL.—With respect to a covered

16

grant awarded to a State, territory, or local govern-

17

ment by a Federal financial regulator, the Federal

18

financial regulator may, upon request, waive any

19matching or cost-sharing requirements with respect

20

to such grant until January 1, 2023.

21

(2)

REQUIREMENTS

FOR

WAIVERRECIPI-22

ENTS.—A

23

granted a waiver with respect to a grant under sub-24

section (a) shall waive any matching or cost-sharing

State, territory, or local government

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1

requirements that such government imposes on sub-2

grantees on such grant until January 1, 2023.

3(b) REPROGRAMMING AUTHORITY.—

4(1) IN GENERAL.—With respect to a covered

5

grant awarded to a State, territory, or local govern-

6

ment by a Federal financial regulator, the Federal

7financial regulator may, upon request, permit the8State, territory, or local government to reprogram

9awarded grant funds for purposes related to unem-

10ployment, childcare, and healthcare, if the majority

11

of normally funded activities under such grant are12

not in areas related to unemployment, childcare, and13

healthcare.

14(2) CONSIDERATION FOR FUTURE GRANTS.—

15

Any grantee (or sub-grantee) with respect to which

16

a Federal financial regulator allows to reprogram

17

funds under paragraph (1) shall be given priority by

18such Federal financial regulator for future awards of19

the type reprogrammed.

20(c) DEFINITIONS.—In this section:21(1) COVERED

22

award’’ means a grant—

GRANTS.—Theterm ‘‘covered

23(A) that was awarded to a State, territory,

24

or local government before the date of enact-

25

ment of this Act and under which the State,

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516
1

territory, or local government may still receive2

additional grant amounts; or

3(B) with respect to which the period of

4

performance does not expire before January 1,

5

2023.

6

(2) FEDERALFINANCIALREGULATOR.—The7

term ‘‘Federal financial regulator’’ means the Board

8

of Governors of the Federal Reserve System, the9Bureau of Consumer Financial Protection, the De-

10partment of Housing and Urban Development, the11

Department of the Treasury (other than the Inter-12

nal Revenue Service), the Federal Deposit Insurance

13

Corporation, the Office of the Comptroller of the14

Currency, the National Credit Union Administra-

15tion, and the Securities and Exchange Commission.

TITLE IV—PROMOTING FINAN17
CIAL STABILITY AND TRANS18
PARENT MARKETS
16

19

SEC. 401. TEMPORARY HALT TO RULEMAKINGS UNRE-

20

LATED TO COVID–19.

21(a) IN GENERAL.—Until the end of the 30-day period

22 following the end of the COVID–19 emergency period, the23 Federal financial regulators—
24(1) may not adopt or amend any rule, regula-25

tion, guidance, or order unless such rule, regulation,

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517
1

guidance, or order is directly related to responding2

to the COVID–19 emergency; and3(2) shall keep open and extend any ongoing

4

public comment period related to a proposed or final

5

rule, unless such rule is related to responding to the

6

COVID–19 emergency.

7(b) NOTICE8ANDSUNSETOF

EMERGENCY AC-TIONS.—The Federal financial regulators shall—

9(1) provide the Committee on Financial Serv-

10

ices of the House of Representatives and the Com-11

mittee on Banking, Housing, and Urban Affairs of

12

the Senate with a notice of any regulatory actions

13

taken during the COVID–19 emergency period,

14

along with an explanation of how such action was

15

necessary and appropriate in response to the16

COVID–19 emergency; and17(2) limit the period of effectiveness of any ac-

18tion taken in response to the COVID–19 emergency

19

to be not longer than 12-months following the end

20of the COVID–19 emergency period.

21(c) VOTING BY REGULATORS.—Any action taken pur-22 suant to this section by a Federal financial regulator head23 ed by a multi-person entity may only be taken by unani24 mous vote.
25(d) DEFINITIONS.—In this section:

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518
1(1) COVID–19 EMERGENCY PERIOD.—For pur-2

poses of this Act, the term ‘‘COVID–19 emergency

3

period’’ means the period that begins upon the date4of the enactment of this Act and ends upon the date

5of the termination by the Federal Emergency Man-

6

agement Agency of the emergency declared on

7

March 13, 2020, by the President under the Robert

8

T. Stafford Disaster Relief and Emergency Assist-

9ance Act (42 U.S.C. 4121 et seq.) relating to the10

Coronavirus Disease 2019 (COVID–19) pandemic.

11(2) FEDERAL FINANCIAL REGULATOR.—In this12

section, the term ‘‘Federal financial regulator’’13means the Board of Governors of the Federal Re-

14

serve System, the Bureau of Consumer Financial

15

Protection, the Department of Housing and Urban

16

Development, the Department of the Treasury

17(other than the Internal Revenue Service), the Fed-18

eral Deposit Insurance Corporation, the Federal

19

Housing Finance Agency, the Office of the Comp-20

troller of the Currency, the National Credit Union

21

Administration, and the Securities and Exchange

22

Commission.

23

SEC. 402. TEMPORARY BAN ON STOCK BUYBACKS.

24(a) IN GENERAL.—It shall be unlawful for any issuer,

25 the securities of which are traded on a national securities

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519
1 exchange, to purchase securities of the issuer during the
2 period beginning on the date of enactment of this section
3 and ending 120 days after the end of the COVID–19
4 emergency period.
5(b) EARLY TERMINATION.—The Securities and Ex-

6 change Commission may terminate the prohibition under
7 subsection (a) after the end of the COVID–19 emergency
8 period and before the end of the 120-day period described
9 under subsection (a), if—
10(1) the Commission determines such termi-

11nation is in the public interest; and

12(2) immediately notifies the Congress and the13

public of such determination and the reason for such

14

determination, including on the website of the Com-15

mission.

16(c) ENFORCEMENT; RULEMAKING.—

17(1) IN

GENERAL.—The

Securities and Ex-

18change Commission shall have the authority to en-

19

force this Act and may issue such rules as may be

20necessary to carry out this Act.

21(2) COMMISSION VOTING.—Any action taken by

22

the Commission pursuant to this section may only be23taken upon a unanimous vote of the commissioners.

24(d) DEFINITIONS.—In this section:

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520
1

(1)

COVID–19

EMERGENCYPERIOD.—The2

term ‘‘COVID–19 emergency period’’ means the pe-

3riod that begins upon the date of the enactment of

4

this Act and ends upon the date of the termination

5

by the Federal Emergency Management Agency of6the emergency declared on March 13, 2020, by the7

President under the Robert T. Stafford Disaster Re-

8lief and Emergency Assistance Act (42 U.S.C. 4121

9

et seq.) relating to the Coronavirus Disease 201910

(COVID–19) pandemic.

11(2) OTHER DEFINITIONS.—The terms ‘‘issuer’’,12‘‘national securities exchange’’, and ‘‘security’’ have13

the meaning given those terms, respectively, under14

section 3 of the Securities Exchange Act of 1934.

15

SEC. 403. DISCLOSURES RELATED TO SUPPLY CHAIN DIS-

16

RUPTION RISK.

17

Section 13 of the Securities Exchange Act of 1934

18 (15 U.S.C. 78m) is amended by adding at the end the
19 following:2021‘‘(s) DISCLOSURES RELATED TO SUPPLY CHAIN DISRUPTION RISK.—

22‘‘(1) IN GENERAL.—Each issuer required to file23

an annual report under subsection (a) shall disclose

24

in that report—

25‘‘(A) an identification of—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML5211‘‘(i) the risks in the issuer’s sourcing

2of goods, labor, services, and other supply

3

chain related matters, including—4‘‘(I) risks of dependency upon

5

sole

6

sourcing concentrated in one geo-

7graphic locality;sourcing

arrangementsor8‘‘(II) shipping risks; and9‘‘(III) risks arising from natural

10

disasters, pandemics, extreme weath-11

er, armed conflicts, refugee and re-12

lated disruptions, trade conflicts or

13

disruptions, and labor wage, safety,

14

and health care practices; and15‘‘(ii) the impacts any risk or disrup-

16

tion identified in clause (i) would have on

17

the issuer’s workforce, suppliers, and cus-

18

tomers;19‘‘(B) the issuer’s business continuity or

20other contingency plans that will be imple-

21

mented in the case of a supply chain disruption

22

in order to mitigate such risks and impacts;

23

and

24

‘‘(C) all other material information.

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1‘‘(2) UPDATES.—Disclosures required under2

this subsection shall be updated when there are ma-

3terial changes.’’.

4

SEC. 404. DISCLOSURES RELATED TO GLOBAL PANDEMIC

5

RISK.

6

(a) IN GENERAL.—Section 13 of the Securities Ex-

7 change Act of 1934 (15 U.S.C. 78m), as amended by sec8 tion 403, is further amended by adding at the end the
9 following:10‘‘(t) DISCLOSURES RELATED TO GLOBAL PANDEMIC

11 RISK.—
12‘‘(1) IN GENERAL.—Each issuer required to file13

current reports under subsection (a) shall, in the14

event the World Health Organization declares a pan-15

demic, file a report with the Commission containing

16

a description of—17‘‘(A) the risks and exposures to the issuer

18

related to the pandemic, including risks to19

health and worker safety faced by the issuer’s

20

employees and independent contractors;

21‘‘(B) the steps the issuer is taking to miti-

22

gate such risks and exposures, including meas-

23

ures to protect the workforce, including infor-

24

mation related to wages, healthcare, and leave;

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1‘‘(C) a preliminary view on the effect the2pandemic may have on the issuer’s business,3

solvency, and workforce; and4‘‘(D) all other material information.

5‘‘(2) UPDATES.—Disclosures required under

6

this subsection shall be updated when there are ma-

7terial changes.

8‘‘(3) PUBLIC AVAILABILITY OF REPORTS.—The

9

Commission shall make each report filed to the10

Commission under paragraph (1) available to the11public, including on the website of the Commis-

12

sion.’’.

13(b) APPLICATION.—Section 13(t) of the Securities

14 Exchange Act of 1934, as added by subsection (a), shall
15 apply to a pandemic declared by the World Health Organi16 zation that is in existence on the date of enactment of
17 this Act or that is declared after the date of enactment
18 of this Act.
19

SEC. 405. OVERSIGHT OF FEDERAL AID RELATED TO

20

COVID–19.

21(a) CONGRESSIONAL COVID–19 AID OVERSIGHT

22 PANEL.—
23(1) ESTABLISHMENT.—There is hereby estab-

24

lished the Congressional COVID–19 Aid Oversight25

Panel (hereafter in this subsection referred to as the

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1‘‘Oversight Panel’’) as an establishment in the legis-

2

lative branch.

3(2) DUTIES.—The Oversight Panel shall review

4

the current state of the financial markets and the5regulatory system and submit regular reports to

6

Congress on the following:

7(A) The use of Federal aid provided during

8

the COVID–19 emergency.

9(B) The impact of Federal aid related to

10

COVID–19 on the financial markets and finan-

11

cial institutions.

12(3) MEMBERSHIP.—

13(A) IN GENERAL.—The Oversight Panel

14

shall consist of 5 members, as follows:

15(i) 1 member appointed by the Speak-16

er of the House of Representatives.

17(ii) 1 member appointed by the minor-

18

ity leader of the House of Representatives.

19(iii) 1 member appointed by the ma-

20jority leader of the Senate.

21(iv) 1 member appointed by the mi-22

nority leader of the Senate.

23(v) 1 member appointed by the Speak-24

er of the House of Representatives and the25

majority leader of the Senate, after con-

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525
1

sultation with the minority leader of the2

Senate and the minority leader of the

3

House of Representatives.

4(B) PAY.—Each member of the Oversight5

Panel shall each be paid at a rate equal to the6daily equivalent of the annual rate of basic pay

7

for level I of the Executive Schedule for each8

day (including travel time) during which such9

member is engaged in the actual performance of10

duties vested in the Commission.

11(C) PROHIBITION OF COMPENSATION OF

12

FEDERAL EMPLOYEES.—Members of the Over-13

sight Panel who are full-time officers or em-

14ployees of the United States or Members of

15

Congress may not receive additional pay, allow-

16

ances, or benefits by reason of their service on

17

the Oversight Panel.

18(D) TRAVEL

EXPENSES.—Eachmember19

shall receive travel expenses, including per diem20

in lieu of subsistence, in accordance with appli-

21

cable provisions under subchapter I of chapter

22

57 of title 5, United States Code.

23(E) QUORUM.—Four members of the Over-24

sight Panel shall constitute a quorum but a25lesser number may hold hearings.

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1(F) VACANCIES.—A vacancy on the Over-2sight Panel shall be filled in the manner in3

which the original appointment was made.

4(G)

MEETINGS.—The

Oversight

Panel

5

shall meet at the call of the Chairperson or a6majority of its members.

7(4) STAFF.—

8(A) IN GENERAL.—The Oversight Panel9

may appoint and fix the pay of any personnel

10

as the Oversight Panel considers appropriate.

11(B) EXPERTS

AND CONSULTANTS.—The

12

Oversight Panel may procure temporary and13intermittent services under section 3109(b) of

14

title 5, United States Code.

15(C) STAFF OF AGENCIES.—Upon request

16of the Oversight Panel, the head of any Federal

17

department or agency may detail, on a reim-

18

bursable basis, any of the personnel of that de-19

partment or agency to the Oversight Panel to20

assist it in carrying out its duties under this21

section.

22(5) POWERS.—

23(A) HEARINGS AND SESSIONS.—The Over-24

sight Panel may, for the purpose of carrying

25

out this section, hold hearings, sit and act at

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527
1

times and places, take testimony, and receive2

evidence as the Panel considers appropriate and3

may administer oaths or affirmations to wit-

4

nesses appearing before it.

5(B) POWERS OF MEMBERS AND AGENTS.—

6

Any member or agent of the Oversight Panel7

may, if authorized by the Oversight Panel, take8

any action which the Oversight Panel is author-

9

ized to take by this section.

10

(C)

OBTAINING

OFFICIAL

DATA.—The

11

Oversight Panel may secure directly from any

12

department or agency of the United States in-13

formation necessary to enable it to carry out

14this section. Upon request of the Chairperson of15

the Oversight Panel, the head of that depart-

16

ment or agency shall furnish that information17

to the Oversight Panel.

18(D) REPORTS.—The Oversight Panel shall19

receive and consider all reports required to be20

submitted to the Oversight Panel under this21

section.

22(6) AUTHORIZATIONOFAPPROPRIATIONS.—

23

There is authorized to be appropriated to the Over-24

sight Panel such sums as may be necessary for any

25

fiscal year, half of which shall be derived from the

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528
1applicable account of the House of Representatives,2and half of which shall be derived from the contin-

3

gent fund of the Senate.

4(7) SUNSET.—The Oversight Panel established5

by this subsection shall terminate on the date that

6is two years following the termination by the Federal

7

Emergency Management Agency of the emergency

8

declared on March 13, 2020, by the President under9

the Robert T. Stafford Disaster Relief and Emer-

10

gency Act (42 U.S.C. 4121 et seq.) relating to the11

Coronavirus Disease 2019 (COVID–19) pandemic.

12(8) DEFINITIONS.—In this subsection:

13(A) COVID–19

EMERGENCY.—The

term

14

‘‘COVID–19 emergency’’ means the period that15

begins upon the date of the enactment of this16

Act and ends one year after the termination by

17

the Federal Emergency Management Agency of18the emergency declared on March 13, 2020, by

19

the President under the Robert T. Stafford Dis-

20

aster Relief and Emergency Act (42 U.S.C.

214121 et seq.) relating to the Coronavirus Dis-

22

ease 2019 (COVID–19) pandemic.

23(B) FEDERAL AID.—The term ‘‘Federal

24

aid’’ means any emergency lending provided

25

under section 13(3) of the Federal Reserve Act

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529
1

or any Federal financial support in the form of2

a grant, loan, or loan guarantee.

3(b) SPECIAL INSPECTOR GENERAL AUTHORITY OVER

4 FEDERAL AID RELATED TO COVID–19.—Section 121 of
5 the Emergency Economic Stabilization Act of 2008 (126 U.S.C. 5231) is amended—
7(1) in subsection (k)—8(A) in paragraph (1), by striking ‘‘or’’ at9

the end;

10(B) in paragraph (2), by striking the pe-

11

riod at the end and inserting ‘‘; or’’; and12(C) by adding at the end the following:

13‘‘(3) the date on which all Federal aid related

14

to the COVID–19 emergency is repaid.’’; and15(2) by adding at the end the following:

16‘‘(l) RESPONSIBILITY WITH RESPECT TO FEDERAL

17 AID RELATED TO COVID–19.—
18‘‘(1) IN GENERAL.—The Special Inspector Gen-19

eral shall have the same authority and responsibil-

20

ities with respect to Federal aid provided during the21

COVID–19 emergency as the Special Inspector Gen-22

eral has with respect to financial assistance (includ-23

ing the purchase of troubled assets) provided under24

this title.

25‘‘(2) DEFINITIONS.—In this section:

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530
1‘‘(A) COVID–19 EMERGENCY.—The term

2

‘COVID–19 emergency’ means the period that3

begins upon the date of the enactment of this4

Act and ends one year after the termination by

5

the Federal Emergency Management Agency of6the emergency declared on March 13, 2020, by

7

the President under the Robert T. Stafford Dis-

8

aster Relief and Emergency Act (42 U.S.C.

94121 et seq.) relating to the Coronavirus Dis-

10ease 2019 (COVID–19) pandemic.

11‘‘(B) FEDERAL AID.—The term ‘Federal

12

aid’ means any emergency lending provided

13

under section 13(3) of the Federal Reserve Act

14

or any Federal financial support in the form of

15

a grant, loan, or loan guarantee.’’.

16

SEC. 406. INTERNATIONAL FINANCIAL INSTITUTIONS.

17(a) UNITED STATES PARTICIPATION IN, AND CON-

18

TRIBUTIONS TO, THE NINETEENTH REPLENISHMENT OF

19

THE RESOURCES OF THE INTERNATIONAL DEVELOPMENT

20 ASSOCIATION.— The International Development Associa21 tion Act (22 U.S.C. 284 et seq.) is amended by adding
22 at the end the following:
23‘‘SEC. 31. NINETEENTH REPLENISHMENT.

24‘‘(a) The United States Governor of the International

25 Development Association is authorized to contribute on

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1 behalf of the United States $3,004,200,000 to the nine2 teenth replenishment of the resources of the Association,
3 subject to obtaining the necessary appropriations.
4‘‘(b) In order to pay for the United States contribu-

5 tion provided for in subsection (a), there are authorized
6 to be appropriated, without fiscal year limitation,
7 $3,004,200,000 for payment by the Secretary of the
8 Treasury.’’.
9(b) UNITED STATES PARTICIPATION IN, AND CON-

10

TRIBUTIONS TO, THE

11

THE

RESOURCESOF

FIFTEENTH REPLENISHMENT OF
THE

AFRICAN DEVELOPMENT

12 FUND.—The African Development Fund Act (22 U.S.C.
13 290g et seq.) is amended by adding at the end the fol14 lowing:
15‘‘SEC. 226. FIFTEENTH REPLENISHMENT.

16‘‘(a) The United States Governor of the Fund is au-

17 thorized to contribute on behalf of the United States
18 $513,900,000 to the fifteenth replenishment of the re19 sources of the Fund, subject to obtaining the necessary
20 appropriations.
21‘‘(b) In order to pay for the United States contribu-

22 tion provided for in subsection (a), there are authorized
23 to be appropriated, without fiscal year limitation,
24 $513,900,000 for payment by the Secretary of the Treas25 ury.’’.

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5321(c) UNITED STATES PARTICIPATION IN, AND CON-

2

TRIBUTIONS TO, THE SEVENTH CAPITAL INCREASE FOR

3

THE AFRICAN DEVELOPMENT BANK.— The African De-

4 velopment Bank Act (22 U.S.C. 290i et seq.) is amended
5 by adding at the end the following:
6‘‘SEC. 1345. SEVENTH CAPITAL INCREASE.

7‘‘(a) SUBSCRIPTION AUTHORIZED.—

8‘‘(1) The United States Governor of the Bank9

may subscribe on behalf of the United States to10

532,023 additional shares of the capital stock of the

11

Bank.

12

‘‘(2) Any subscription by the United States to13

the capital stock of the Bank shall be effective only14

to such extent and in such amounts as are provided

15

in advance in appropriations Acts.

16‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO-17

PRIATIONS.—

18‘‘(1) In order to pay for the increase in the19

United States subscription to the Bank under sub-20

section (a), there are authorized to be appropriated,

21

without fiscal year limitation, $7,286,587,008 for22

payment by the Secretary of the Treasury.

23‘‘(2) Of the amount authorized to be appro-

24

priated under paragraph (1)—

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1‘‘(A) $437,190,016 shall be for paid in

2shares of the Bank; and3‘‘(B) $6,849,396,992 shall be for callable

4
5

shares of the Bank.’’.
SEC. 407. CONDITIONS ON FEDERAL AID TO CORPORA-

6TIONS.

7(a) REQUIREMENTS ON ALL CORPORATIONS UNTIL

8 FEDERAL AID RELATED TO COVID–19 IS REPAID.—Any
9 corporation that receives Federal aid related to COVID–
10 19 shall, until the date on which all such Federal aid is
11 repaid by the corporation to the Federal Government,
12 comply with the following:
13(1) RESTRICTIONS ON EXECUTIVE BONUSES.—

14

The corporation may not pay a bonus to any execu-

15

tive of the corporation.

16

(2)

BAN

ON

EXECUTIVE

GOLDEN

PARA-

17

CHUTES.—The corporation may not pay any type of

18

compensation (whether present, deferred, or contin-

19gent) to an executive of the corporation, if such com-20

pensation is in connection with the termination of21

employment of the executive.

22(3) BAN ON STOCK BUYBACKS.—The corpora-

23

tion may not purchase securities of the corporation.

24(4) BAN ON DIVIDENDS.—The corporation may

25

not pay dividends on securities of the corporation.

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1(5) BAN ON FEDERAL LOBBYING.—The cor-2

poration may not carry out any Federal lobbying ac-

3

tivities.

4(b) PERMANENT REQUIREMENTS ON ACCELERATED

5 FILERS RECEIVING FEDERAL AID RELATED TO COVID–
6 19.—
7(1) IN GENERAL.—An accelerated filer that re-8

ceives Federal aid related to COVID–19 shall per-9

manently comply with the following:

10(A) WORKER BOARD REPRESENTATION.—

11(i) IN GENERAL.—At least 1⁄3 of the12members of the accelerated filer’s directors

13

are chosen by the employees of the acceler-

14

ated filer in a one-employee-one-vote elec-

15

tion process.

16(ii) COMPLIANCE DATE.—An acceler-

17

ated filer shall comply with the require-

18

ments under clause (i) not later than the19

end of the 2-year period beginning on the20date of enactment of this Act.

21(iii) DEFINITIONS.—In this subpara-

22

graph—

23(I) the term ‘‘director’’ has the24meaning given the term in section 3

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1of the Securities Exchange Act of21934 (15 U.S.C. 78c); and3(II) the term ‘‘employee’’ has the4meaning given the term in section 2

5of the National Labor Relations Act

6(29 U.S.C. 152).

7(B) ADDITIONAL DISCLOSURES.—If the se-8curities of the corporation are traded on a na-

9tional securities exchange, the corporation shall10

issue the following disclosures to the Securities

11and Exchange Commission on a quarterly basis

12(and make such disclosures available to share-

13

holders of the corporation and the public):

14(i) The political spending disclosures

15

required under paragraph (2).

16(ii) The human capital management

17

disclosures required under paragraph (3).

18(iii) The environmental, social, and19

governance20

paragraph (4).

21

disclosuresrequiredunder(iv) The Federal aid disclosures re-22

quired under paragraph (5).

23(v) The disclosures of financial per-24

formance on a country-by-country basis re-25

quired under paragraph (6).

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1(2) POLITICAL SPENDING DISCLOSURES.—

2(A) IN GENERAL.—With respect to an ac-

3celerated filer, the disclosures required under4

this paragraph are—5(i) a description of any expenditure

6

for political activities made during the pre-7

ceding quarter;

8(ii) the date of each expenditure for9political activities;

10(iii) the amount of each expenditure

11

for political activities;

12(iv) if the expenditure for political ac-

13

tivities was made in support of or opposed

14

to a candidate, the name of the candidate

15

and the office sought by, and the political

16

party affiliation of, the candidate;17(v) the name or identity of trade asso-

18

ciations or organizations described in sec-

19

tion 501(c) of the Internal Revenue Code20

of 1986 and exempt from tax under sec-

21

tion 501(a) of such Code which receive

22

dues or other payments as described in

23

paragraph (1)(A)(i)(III);24(vi) a summary of each expenditure25

for political activities made during the pre-

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537
1

ceding year in excess of $10,000, and each2

expenditure for political activities for a3

particular election if the total amount of

4such expenditures for that election is in ex-

5cess of $10,000;

6(vii) a description of the specific na-

7ture of any expenditure for political activi-

8ties the corporation intends to make for9

the forthcoming fiscal year, to the extent

10

the specific nature is known to the cor-11

poration; and12(viii) the total amount of expenditures

13

for political activities intended to be made14

by the corporation for the forthcoming fis-15

cal year.

16(B) DEFINITIONS.—In this paragraph:17(i) EXPENDITURE FOR POLITICAL AC-

18

TIVITIES.—The term ‘‘expenditure for po-

19

litical activities’’—20(I) means—21(aa) an independent expend-

22

iture

23

301(17) of the Federal Election

24

Campaign

25

U.S.C. 30101(17)));(asdefined

Act

of

in

section

1971(52

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538
1(bb) an electioneering com-2

munication (as defined in section

3

304(f)(3) of that Act (52 U.S.C.

430104(f)(3))) and any other pub-5

lic communication (as defined in

6section 301(22) of that Act (527

U.S.C. 30101(22))) that would

8

be an electioneering communica-

9tion if it were a broadcast, cable,10

or satellite communication; or11(cc) dues or other payments

12

to trade associations or organiza-

13

tions described in section 501(c)14of the Internal Revenue Code of151986 and exempt from tax under16

section 501(a) of that Code that

17

are, or could reasonably be an-

18

ticipated to be, used or trans-19

ferred to another association or

20

organization for the purposes de-21

scribed in item (aa) or (bb); and22(II) does not include—

23(aa) direct lobbying efforts

24

through registered lobbyists em-

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539
1

ployed or hired by the corpora-

2

tion;

3

(bb) communications by a4

corporation to its shareholders

5and executive or administrative

6

personnel and their families; or7(cc) the establishment and8administration of contributions to

9

a separate segregated fund to be10

utilized for political purposes by

11

a corporation.

12(ii) EXCEPTION.—The term ‘‘corpora-

13

tion’’ does not include an investment com-

14pany registered under section 8 of the In-

15

vestment Company Act of 1940 (15 U.S.C.

16

80a–8).

17(3) HUMAN

CAPITAL

MANAGEMENTDISCLO-

18

SURES.—With

19

disclosures required under this paragraph are the20

following:

respect to an accelerated filer, the21(A) Workforce demographic information,

22

including the number of full-time employees,23

the number of part-time employees, the number

24

of contingent workers (including temporary and25

contract workers), and any policies or practices

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540
1

relating to subcontracting, outsourcing, and2insourcing.

3(B) Workforce stability information, in-4

cluding information about the voluntary turn-5

over or retention rate, the involuntary turnover

6

rate, the internal hiring rate, and the internal

7

promotion rate.

8(C) Workforce composition, including data

9on diversity (including racial and gender com-10

position) and any policies and audits related to11

diversity.

12(D) Workforce skills and capabilities, in-13

cluding information about training of employees

14(including the average number of hours of15

training and spending on training per employee

16

per year), skills gaps, and alignment of skills

17

and capabilities with business strategy.

18(E) Workforce culture and empowerment,

19

including information about—

20(i) policies and practices of the cor-21

poration relating to freedom of association

22

and work-life balance initiatives;

23(ii) any incidents of verified workplace24

harassment in the previous 5 fiscal years

25of the corporation;

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541
1(iii) policies and practices of the cor-2

poration relating to employee engagement

3

and

4

management discussion regarding—

psychological5

wellbeing,

including(I) the creation of an autono-

6

mous work environment;

7(II) fostering a sense of purpose

8in the workforce;

9(III) trust in management; and10(IV) a supportive, fair, and con-11

structive workplace.

12(F) Workforce health and safety, including

13

information about—

14(i) the frequency, severity, and lost

15

time due to injuries, illness, and fatalities;

16(ii) the total dollar value of assessed

17

fines under the Occupational Safety and

18

Health Act of 1970;

19(iii) the total number of actions

20

brought under section 13 of the Occupa-

21

tional Safety and Health Act of 1970 to22

prevent imminent dangers; and23(iv) the total number of actions

24

brought against the corporation under sec-

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542
1tion 11(c) of the Occupational Safety and

2

Health Act of 1970.

3(G) Workforce compensation and incen-

4

tives, including information about—5(i) total workforce compensation, in-6

cluding disaggregated information about

7

compensation for full-time, part-time, and8contingent workers;

9(ii) policies and practices about how

10performance, productivity, and sustain-

11

ability are considered when setting pay and

12making promotion decisions; and13(iii) policies and practices relating to

14

any incentives and bonuses provided to em-

15ployees below the named executive level16

and any policies or practices designed to17

counter any risks create by such incentives

18

and bonuses.

19(H) Workforce recruiting, including infor-

20

mation about the quality of hire, new hire en-

21

gagement rate, and new hire retention rate.

22(4) ENVIRONMENTAL,

SOCIAL AND GOVERN-

23

ANCE DISCLOSURES.—With respect to an accelerated

24

filer, the disclosures required under this paragraph25

are disclosures that satisfy the recommendations of

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1

the Task Force on Climate-related Financial Disclo-

2

sures of the Financial Stability Board as reported in

3June, 2017.

4(5) FEDERAL AID DISCLOSURES.—With respect

5

to an accelerated filer, the disclosure required under

6

this paragraph is a description of how the Federal

7

aid related to COVID–19 received by the corporation8

is being used to support the corporation’s employees.

9(6) DISCLOSURES OF FINANCIAL PERFORMANCE

10

ON A COUNTRY-BY-COUNTRY BASIS.—

11(A) IN GENERAL.—With respect to an ac-

12celerated filer, the disclosures required under

13

this paragraph are the following:

14(i) CONSTITUENT ENTITY INFORMA-

15

TION.—Information on any constituent en-16

tity of the corporation, including the fol-17

lowing:18(I) The complete legal name of19

the constituent entity.

20(II) The tax jurisdiction, if any,

21

in which the constituent entity is resi-

22

dent for tax purposes.

23(III) The tax jurisdiction in24

which the constituent entity is orga-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML544
1

nized or incorporated (if different

2

from the tax jurisdiction of residence).

3(IV) The tax identification num-4

ber, if any, used for the constituent

5entity by the tax administration of the6constituent entity’s tax jurisdiction of

7

residence.

8(V) The main business activity or

9activities of the constituent entity.

10(ii) TAX JURISDICTION.—Information

11

on each tax jurisdiction in which one or

12more constituent entities is resident, pre-13

sented as an aggregated or consolidated

14

form of the information for the constituent

15

entities resident in each tax jurisdiction,

16

including the following:

17

(I)

Revenues

generated

from

18

transactions with other constituent

19

entities.

20(II) Revenues not generated from21

transactions with other constituent

22

entities.

23(III) Profit or loss before income

24

tax.

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545
1(IV) Total income tax paid on a2

cash basis to all tax jurisdictions.

3(V) Total accrued tax expense re-4

corded on taxable profits or losses.

5(VI) Stated capital.

6(VII) Total accumulated earn-

7

ings.

8

(VIII) Total number of employ-9

ees on a full-time equivalent basis.

10(IX) Net book value of tangible

11

assets, which, for purposes of this sec-

12tion, does not include cash or cash

13

equivalents, intangibles, or financial

14

assets.

15(iii) SPECIAL RULES.—The informa-

16tion listed in clause (ii) shall be provided,17

in aggregated or consolidated form, for any

18

constituent entity or entities that have no19

tax jurisdiction of residence. In addition, if

20

a constituent entity is an owner of a con-21

stituent entity that does not have a juris-22

diction of tax residence, then the owner’s

23

share of such entity’s revenues and profits

24

will be aggregated or consolidated with the

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546
1

information for the owner’s tax jurisdiction

2of residence.

3(B) DEFINITIONS.—In this paragraph—4(i) the term ‘‘constituent entity’’5means, with respect to an accelerated filer,6

any separate business entity of the acceler-

7

ated filer;

8(ii) the term ‘‘tax jurisdiction’’—9(I) means a country or a jurisdic-

10

tion that is not a country but that has

11fiscal autonomy; and12(II) includes a territory or pos-13

session of the United States that has

14fiscal autonomy.

15(c) PERMANENT REQUIREMENTS ON ALL CORPORA-

16

TIONS RECEIVING FEDERAL AID RELATED TO COVID–

17 19.—Any corporation that receives Federal aid related to
18 COVID–19 shall permanently comply with the following:
19(1) PAID LEAVE FOR WORKERS.—The corpora-

20

tion shall provide at least 14 days of paid leave to21

workers (employees and contractors, full-time and22part-time) who—

23(A) are unable to telework;

24(B) need to be isolated or quarantined to25

prevent the spread of COVID–19; or

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1(C) need time off to care for the needs of2

family members.

3(2) MINIMUM

WAGE.—The

corporation shall4

pay each employee (full-time and part-time) of the5

corporation a wage of not less than $15 an hour, be-6

ginning not later than January 1, 2021.

7(3) LIMITATION

ON

CEO

AND

EXECUTIVE

8

PAY.—The corporation may not have a CEO to me-

9dian worker pay ratio of greater than 50 to 1 and10

no officer or employee of the corporation may re-11

ceived higher compensation than the chief executive

12

officer (or any equivalent position).

13(d) REQUIREMENTS ON ALL CORPORATIONS RECEIV-14ING FEDERAL AID RELATED TO COVID–19 UNTIL THE

15 END OF THE EMERGENCY.—Any corporation that receives
16 Federal aid related to COVID–19 shall, until the COVID–
17 19 emergency ends, comply with the following:
18(1) WORKFORCE LEVELS AND BENEFITS.—The

19

corporation shall maintain at least the same work-

20

force levels and benefits that existed before the21

COVID–19 emergency.

22(2) MAINTENANCE OF WORKER PAY.—The cor-23

poration shall maintain worker (employee or con-24

tractor, full-time and part-time) pay throughout the25

entire duration of the COVID–19 emergency at or

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1

above the pay level the worker was earning before

2

the emergency.

3(3) MAINTENANCE OF COLLECTIVE BARGAINING

4

AGREEMENTS.—The corporation may not alter any

5collective bargaining agreement that was in place at6

the beginning of the COVID–19 emergency.

7(e) ENFORCEMENT; RULEMAKING.—The Securities

8 and Exchange Commission and the Secretary of the
9 Treasury shall have the authority to enforce this section
10 and may issue such rules as may be necessary to carry
11 out this section.
12(f) DEFINITIONS.—In this section:

13(1) ACCELERATED FILER.—The Securities and

14

Exchange Commission shall define the term ‘‘accel-

15

erated filer’’ for purposes of this section.

16(2) CEO TO MEDIAN WORKER PAY RATIO.—

17

With respect to an accelerated filer, the term ‘‘CEO18

to median worker pay ratio’’ means the ratio of—19(A) the annual total compensation of the20

chief executive officer (or any equivalent posi-21tion) of the corporation; and

22(B) the median of the annual total com-23

pensation of all employees of the corporation,

24

except the chief executive officer (or any equiva-

25

lent position) of the corporation.

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549
1

(3)

COVID–19

EMERGENCY.—The

term

2

‘‘COVID–19 emergency’’ means the period that be-3

gins upon the date of the enactment of this Act and4ends upon the termination by the Federal Emer-

5

gency Management Agency of the emergency de-6clared on March 13, 2020, by the President under7

the Robert T. Stafford Disaster Relief and Emer-

8

gency Act (42 U.S.C. 4121 et seq.) relating to the9Coronavirus Disease 2019 (COVID–19).

10(4) FEDERAL AID.—The term ‘‘Federal aid’’

11

means any emergency lending provided under section

12

13(3) of the Federal Reserve Act or any Federal fi-

13nancial support in the form of a grant, loan, or loan

14

guarantee.

15(5) S CORPORATION.—The term ‘‘S corpora-

16

tion’’ has the meaning given that term under section171361(a) of the Internal Revenue Code of 1986.

18(6) SECURITIES TERMS.—The terms ‘‘national

19

securities exchange’’ and ‘‘security’’ have the mean-

20

ing given those terms, respectively, under section 3

21of the Securities Exchange Act of 1934.

22

SEC. 408. AUTHORITY FOR WARRANTS AND DEBT INSTRU-

23

MENTS.

24(a) DEFINITIONS.—In this section:

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550
1(1) ASSET.—The term ‘‘asset’’ means any fi-

2nancial instrument that the Secretary, after con-3

sultation with the Chairman of the Board of Gov-

4

ernors of the Federal Reserve System, determines5

the purchase of which or the guarantee of which is

6necessary to promote economic stability.

7(2) COMPANY.—The term ‘‘company’’ means

8

any entity that is not subject to the prohibitions in

9subsection (e).

10(3) SECRETARY.—The term ‘‘Secretary’’ means

11

the Secretary of the Treasury.

12(b) WARRANT OR SENIOR DEBT INSTRUMENT.—The

13 Secretary may not purchase, or make any commitment to14 purchase, or guarantee, or make any commitment to guar15 antee, any asset in response to the coronavirus disease
16 (COVID–19) outbreak, unless the Secretary receives from17 the company from which such assets are to be purchased
18 or are to be guaranteed—19(1) in the case of a company, the securities of20

which are traded on a national securities exchange,

21

a warrant giving the right to the Secretary to receive

22

preferred voting stock; or

23(2) in the case of any company other than one

24

described in paragraph (1), a warrant for preferred

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551
1

voting stock, or a senior debt instrument from such2

company.

3(c) TERMS AND CONDITIONS.—The terms and condi-

4 tions of any warrant or senior debt instrument required
5 under subsection (b) shall meet the following require6 ments:
7(1) PURPOSES.—Such terms and conditions

8

shall, at a minimum, be designed—

9(A) to provide for reasonable participation10

by the Secretary, for the benefit of taxpayers,

11

in equity appreciation in the case of a warrant

12

or other equity security, or a reasonable interest

13

rate premium, in the case of a debt instrument;

14

and

15

(B) to provide additional protection for the

16

taxpayer against losses from sale of assets by

17

the Secretary and any associated administrative

18

expenses.

19(2) TERMS OF PREFERRED VOTING STOCK.—

20

Any preferred voting stock received from a company

21

should include the following terms:

22(A) VOTING RIGHTS.—The Secretary shall23

have the right to vote on matters brought be-24fore the stockholders generally. The Secretary

25

shall control a percentage of votes equal to the

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1

percentage of the total value of the company

2

the government’s share will represent after the3

investment.

4(B) BANKRUPTCY IMMUNITY.—The rights

5

associated with the preferred voting stock shall6

not be subject to modification, amendment, or7

any change by the bankruptcy laws of the

8

United States or any other state.

9(3) AUTHORITY TO SELL, EXERCISE, OR SUR-

10RENDER.—

11(A) IN GENERAL.—For the primary benefit

12

of taxpayers, the Secretary may sell, exercise,13

or surrender a warrant or any senior debt in-14

strument received under this section, based on

15

the conditions established under paragraph (1).

16(B) PROCEEDS.—Of any proceeds received

17

through the sale, exercise, or surrender of any

18

warrant or any senior debt instrument—

19(i) 65 percent shall be transferred or20

credited to the Housing Trust Fund estab-

21

lished under section 1338 of the Federal

22

Housing Enterprises Financial Safety and23Soundness Act of 1992 (12 U.S.C. 4568);

24

and

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553
1(ii) 35 percent shall be transferred or2

credited to the Capital Magnet Fund under3

section 1339 of the Federal Housing En-

4

terprises Financial Safety and Soundness

5

Act of 1992 (12 U.S.C. 4569).

6(4) CONVERSION.—The warrant shall provide

7that if, after the warrant is received by the Sec-8

retary under this section, the company that issued

9

the warrant is no longer listed or traded on a na-

10tional securities exchange or securities association,11

as described in subsection (b)(1), the Secretary will

12

have an option to convert the warrants to senior13

debt to ensure that the Treasury is appropriately

14

compensated for the value of the warrant, in an

15

amount determined by the Secretary for the primary16

benefit of taxpayers.

17(5) PROTECTIONS.—Any warrant representing

18

securities to be received by the Secretary under this19

section shall contain anti-dilution provisions of the20

type employed in capital market transactions, as de-21

termined by the Secretary for the primary benefit of22

taxpayers. Such provisions shall protect the value of23

the securities from market transactions such as

24

stock splits, stock distributions, dividends, and other

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1

distributions, mergers, and other forms of reorga-

2

nization or recapitalization.

3(6) EXERCISE PRICE.—The exercise price for4

any warrant issued pursuant to this section shall be

5

set by the Secretary, for the primary benefit of tax-

6

payers.

7(7) SUFFICIENCY.—The company shall guar-

8

antee to the Secretary that it has authorized shares

9of stock available to fulfill its obligations under this10

section. Should the company not have sufficient au-

11thorized shares, including preferred shares that may

12carry dividend rights equal to a multiple number of

13

common shares, the Secretary may, to the extent

14

necessary for the primary benefit of taxpayers, ac-

15

cept a senior debt note in an amount, and on such

16

terms as will compensate the Secretary with equiva-

17

lent value, in the event that a sufficient shareholder

18

vote to authorize the necessary additional shares

19

cannot be obtained.

20(d) EXCEPTIONS.—The Secretary may establish an

21 exception to the requirements of this section and appro22 priate alternative requirements for any participating com23 pany that is legally prohibited from issuing securities and
24 debt instruments, so as not to allow circumvention of the
25 requirements of this section.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML5551(e) PROHIBITIONS OF FOREIGN COMPANIES.—

2(1) IN GENERAL.—The Secretary may not pur-3

chase, or make any commitment to purchase, or4

guarantee, or make any commitment to guarantee,

5

any asset in response to the coronavirus disease

6(COVID–19) outbreak from—

7(A) any foreign incorporated entity that8

the Secretary has determined is an inverted do-

9mestic corporation or any subsidiary of such en-

10tity; or

11(B) any joint venture if more than 10 per-12cent of the joint venture (by vote or value) is

13

held by a foreign incorporated entity that the14

Secretary has determined is an inverted domes-

15

tic corporation or any subsidiary of such entity.

16(2) INVERTED DOMESTIC CORPORATION.—

17(A) IN GENERAL.—For purposes of this18

subsection, a foreign incorporated entity shall19

be treated as an inverted domestic corporation20

if, pursuant to a plan (or a series of related

21transactions)—

22(i) the entity completes on or after23

May 8, 2014, the direct or indirect acquisi-

24tion of—

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556
1(I) substantially all of the prop-

2

erties held directly or indirectly by a3domestic corporation; or4(II) substantially all of the assets

5of, or substantially all of the prop-

6

erties constituting a trade or business

7

of, a domestic partnership; and8(ii) after the acquisition, either—9(I) more than 50 percent of the10

stock (by vote or value) of the entity

11

is held—12(aa) in the case of an acqui-

13

sition with respect to a domestic

14

corporation, by former share-15

holders of the domestic corpora-

16

tion by reason of holding stock in17

the domestic corporation; or18(bb) in the case of an acqui-

19

sition with respect to a domestic

20

partnership, by former partners

21of the domestic partnership by22

reason of holding a capital or23

profits interest in the domestic

24

partnership; or

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1(II) the management and control

2of the expanded affiliated group which

3

includes the entity occurs, directly or4indirectly, primarily within the United

5

States, as determined pursuant to6

regulations prescribed by the Sec-7

retary, and such expanded affiliated8group has significant domestic busi-

9ness activities.

10(B) EXCEPTION FOR CORPORATIONS WITH

11

SUBSTANTIAL BUSINESS ACTIVITIES IN FOR-

12

EIGN COUNTRY OF ORGANIZATION.—

13(i) IN

GENERAL.—A

foreign incor-

14

porated entity described in subparagraph

15(A) shall not be treated as an inverted do-

16

mestic corporation if after the acquisition17

the expanded affiliated group which in-18

cludes the entity has substantial business

19

activities in the foreign country in which or

20

under the law of which the entity is cre-21

ated or organized when compared to the22

total business activities of such expanded

23

affiliated group.

24(ii) SUBSTANTIAL BUSINESS ACTIVI-

25

TIES.—The Secretary shall establish regu-

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558
1

lations for determining whether an affili-

2

ated group has substantial business activi-

3

ties for purposes of clause (i), except that4such regulations may not treat any group5

as having substantial business activities if

6such group would not be considered to7have substantial business activities under8

the regulations prescribed under section

97874 of the Internal Revenue Code of10

1986, as in effect on January 18, 2017.

11(C) SIGNIFICANT DOMESTIC BUSINESS AC-

12

TIVITIES.—

13(i) IN

GENERAL.—For

purposes of

14

subparagraph (A)(ii)(II), an expanded af-

15

filiated group has significant domestic

16

business activities if at least 25 percent

17

of—

18

(I) the employees of the group19

are based in the United States;

20(II) the employee compensation

21

incurred by the group is incurred with22

respect to employees based in the23

United States;

24(III) the assets of the group are25

located in the United States; or

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML559
1(IV) the income of the group is2

derived in the United States.

3

(ii)

DETERMINATION.—Determina-

4

tions pursuant to clause (i) shall be made5

in the same manner as such determina-

6

tions are made for purposes of determining

7

substantial business activities under regu-

8

lations referred to in subparagraph (B) as

9

in effect on January 18, 2017, but applied

10

by treating all references in such regula-

11

tions to ‘‘foreign country’’ and ‘‘relevant

12

foreign country’’ as references to ‘‘the13

United States’’. The Secretary may issue

14

regulations decreasing the threshold per-15

cent in any of the tests under such regula-

16

tions for determining if business activities

17

constitute significant domestic business ac-

18

tivities for purposes of this subparagraph.

19(3) WAIVER.—

20(A) IN

GENERAL.—The

Secretary may

21

waive paragraph (1) if the Secretary determines

22

that the waiver is—23(i) required in the interest of national

24

security; or

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5601(ii) necessary for the efficient or effec-

2

tive administration of Federal or federally

3

funded—4(I) programs that provide health5

benefits to individuals; or6(II) public health programs.

7(B) REPORTTOCONGRESS.—The

Sec-

8

retary shall, not later than 14 days after

9

issuing such waiver, submit a written notifica-

10tion of the waiver to the relevant authorizing

11

committees of Congress and the Committees on

12

Appropriations of the Senate and the House of13

Representatives.

14(4) DEFINITIONS AND SPECIAL RULES.—

15(A) DEFINITIONS.—In this subsection, the16terms ‘‘expanded affiliated group’’, ‘‘foreign in-

17

corporated entity’’, ‘‘domestic’’, and ‘‘foreign’’18

have the meaning given those terms in section

19835(c) of the Homeland Security Act of 2002

20

(6 U.S.C. 395(c)).

21(B) SPECIAL RULES.—In applying para-

22

graph (2) of this subsection for purposes of23paragraph (1) of this subsection, the rules de-24

scribed under 835(c)(1) of the Homeland Secu-

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561
1

rity Act of 2002 (6 U.S.C. 395(c)(1)) shall2

apply.

3(5) REGULATIONS

4REGARDINGMANAGEMENT

AND CONTROL.—

5(A) IN GENERAL.—The Secretary shall, for6

purposes of this subsection, prescribe regula-

7

tions for purposes of determining cases in which

8

the management and control of an expanded af-

9filiated group is to be treated as occurring, di-10

rectly or indirectly, primarily within the United

11

States. The regulations prescribed under the12

preceding sentence shall apply to periods after13

May 8, 2014.

14(B) EXECUTIVE

15

MANAGEMENT.—The

16

under subparagraph (A) shall provide that the17

management and control of an expanded affili-

18

ated group shall be treated as occurring, di-19

rectly or indirectly, primarily within the United

20

States if substantially all of the executive offi-

21

cers and senior management of the expanded

22

affiliated group who exercise day-to-day respon-

23

sibility for making decisions involving strategic,

24

financial, and operational policies of the ex-25

panded affiliated group are based or primarily

OFFICERS AND SENIOR

regulationsprescribed

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562
1

located within the United States. Individuals

2

who in fact exercise such day-to-day responsibil-

3

ities shall be treated as executive officers and4senior management regardless of their title.

5(f) PREEMPTION.—Any State or Federal laws that

6 prohibit the transactions authorized by this statute, in7 cluding state or federal laws that prohibit company direc8 tors from agreeing to the transactions authorized by this9 statute, are preempted and superseded by this statute.
10

SEC. 409. AUTHORIZATION TO PARTICIPATE IN THE NEW

11

ARRANGEMENTS TO BORROW OF THE INTER-

12NATIONAL MONETARY FUND.

13

Section 17 of the Bretton Woods Agreements Act (2214 U.S.C. 286e-2) is amended—15(1) in subsection (a)—

16

(A)

by

redesignating

paragraphs

(3)

17

through (5) as paragraphs (4) through (6) and18

inserting after paragraph (2) the following:

19‘‘(3) In order to carry out the purposes of a20

one-time decision of the Executive Directors of the

21

International Monetary Fund (the Fund) to expand

22

the resources of the New Arrangements to Borrow,23

established pursuant to the decision of January 27,

24

1997 referred to in paragraph (1) above, the Sec-25

retary of the Treasury is authorized to make loans,

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563
1

in an amount not to exceed the dollar equivalent of

2

28,202,470,000 of Special Drawing Rights, in addi-

3tion to any amounts previously authorized under this4

section; except that prior to activation of the New

5

Arrangements to Borrow, the Secretary shall report6

to Congress on whether supplementary resources are7

needed to forestall or cope with an impairment of

8

the international monetary system and whether the9Fund has fully explored other means of funding to

10

the Fund.’’; and11(B) in paragraph (6) (as so redesignated12

by subparagraph (A) of this paragraph), by13

striking ‘‘December 16, 2022’’ and inserting

14‘‘December 31, 2025’’; and

15(2) in subsection (e)(1), by inserting ‘‘(a)(3),’’16
17

after ‘‘(a)(2),’’.
SEC. 410. EMERGENCY RELIEF THROUGH LOANS AND LOAN

18

GUARANTEES.

19(a) IN GENERAL.—Notwithstanding any other provi-

20 sion of law, to provide liquidity to eligible businesses re21 lated to losses incurred as a direct result of coronavirus,
22 the Secretary is authorized to make or guarantee loans
23 to eligible businesses, including women-owned, minority24 owned, veteran-owned and rural businesses, that do not,25 in the aggregate, exceed ø$150,000,000,000¿ and provide

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML564
1 the subsidy amounts necessary for such loans and loan
2 guarantees in accordance with the provisions of the Fed3 eral Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
4(c) LOANS AND LOAN GUARANTEES.—

5(1) IN GENERAL.—The Secretary shall review

6and decide on applications for loans and loan guar-

7

antees under this section and may enter into agree-8

ments to make or guarantee loans to one or more

9

obligors if the Secretary determines, in the Sec-10

retary’s discretion, that—

11(A) the obligor is a eligible business for12

which credit is not reasonably available at the13time of the transaction;

14(B) the intended obligation by the obligor

15

is prudently incurred; and16(C) the loan is sufficiently secured.

17(2) TERMS AND LIMITATIONS.—

18(A) FORMS; TERMS AND CONDITIONS.—

19

Subject to section 407 of this division, a loan

20

or loan guarantee shall be issued under this21

section in such form and on such terms and22

conditions and contain such covenants, rep-23

resentatives, warranties, and requirements (in-24

cluding requirements for audits) as the Sec-25

retary determines appropriate. Any loans made

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565
1by the Secretary under this section shall be at

2

a rate not less than a rate determined by the3

Secretary taking into consideration the current

4

average yield on outstanding marketable obliga-

5

tions of the United States of comparable matu-

6

rity.

7

(B) PROCEDURES.—As soon as prac-

8

ticable, but in no case later than 10 days after9

the date of enactment of this Act, the Secretary

10

shall publish procedures for application and11minimum requirements, which may be supple-

12

mented by the Secretary in the Secretary’s dis-13

cretion, for the making of loans and loan guar-

14

antees under this section.

15(d) FINANCIAL PROTECTION OF GOVERNMENT.—

16(1) IN GENERAL.—To the extent feasible and17practicable, the Secretary shall ensure that the Fed-18

eral Government is compensated for the risk as-

19

sumed in making loans and loan guarantees under

20

this section.

21(2) GOVERNMENT PARTICIPATION IN GAINS.—If

22

an eligible business receives a loan or loan guarantee

23

from the Federal Government under this section, the24Secretary is authorized to enter into contracts under25

which the Federal Government, contingent on the fi-

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566
1

nancial success of the eligible business, would par-2

ticipate in the gains of the eligible business or its se-3

curity holders through the use of such instruments

4

as warrants, stock options, common or preferred5

stock, or other appropriate equity instruments.

6(e) DEPOSIT OF PROCEEDS.—Amounts collected by

7 the Secretary under this section, including the proceeds
8 of investments, earnings, and interest collected, shall be
9 deposited in the Treasury as miscellaneous receipts.
10(f) ADMINISTRATIVE EXPENSES.—Notwithstanding

11 any other provision of law, the Secretary may use
12 $100,000,000 of the funds made available under this sec13 tion to pay costs and administrative expenses associated14 with the provision of direct loans or guarantees authorized
15 under this section.
16(g) CONFORMING AMENDMENT.—Section 5302(a)(1)

17 of title 31, United States Code, is amended—18(1) by striking ‘‘and’’ before ‘‘section 3’’; and19(2) by inserting ‘‘Financial Protections and As-

20

sistance for America’s Consumers, States, Busi-

21

nesses, and Vulnerable Populations Act,’’ before

22‘‘and for investing’’.

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567
1

SEC. 411. LIMITATION ON CERTAIN EMPLOYEE COMPENSA-

2

TION.

3

(a) IN GENERAL.—The Secretary may only enter into

4 a loan or loan agreement under section 410(a) with an
5 eligible business after the eligible business enters into a
6 legally binding agreement with the Secretary that, during
7 the period beginning March 1, 2020, and ending March
8 1, 2022 or the termination of the loan or loan agreement
9 under section 410(a), which is later, no officer or employee
10 of the eligible business—
11(1) will receive from the eligible business total

12compensation which exceeds $425,000, during any

13

12 consecutive months of such period; and

14(2) will receive from the eligible business sever-15

ance pay or other benefits upon termination of em-

16ployment with the eligible business which exceeds

17

twice the compensation described in paragraph (1).

18(b) TOTAL COMPENSATION DEFINED.—In this sec-

19 tion, the term ‘‘total compensation’’ includes salary, bo20 nuses, awards of stock, and other financial benefits pro21 vided by an eligible business to an officer or employee of
22 the eligible business.
23

SEC. 412. INTERNATIONAL FINANCE CORPORATION.

24

The International Finance Corporation Act (2225 U.S.C. 282 et seq.) is amended by adding at the end the
26 following:
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568
1‘‘SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE

2

ARTICLES OF AGREEMENT.

3‘‘(a) VOTES AUTHORIZED.—The United States Gov-

4 ernor of the Corporation is authorized to vote in favor of—5‘‘(1) a resolution to increase the authorized cap-

6

ital stock of the Corporation by 16,999,998 shares,

7

to implement the conversion of a portion of the re-8tained earnings of the Corporation into paid-in cap-

9

ital, which will result in the United States being

10

issued an additional 3,771,899 shares of capital

11

stock, without any cash contribution;

12‘‘(2) a resolution to increase the authorized cap-

13

ital stock of the Corporation on a general basis by

14

4,579,995 shares; and15‘‘(3) a resolution to increase the authorized cap-

16

ital stock of the Corporation on a selective basis by17

919,998 shares.

18‘‘(b) AMENDMENT OF THE ARTICLES OF AGREE-

19

MENT.—The United States Governor of the Corporation

20 is authorized to agree to and accept an amendment to Ar21 ticle II, Section 2(c)(ii) of the Articles of Agreement of
22 the Corporation that would increase the vote by which the
23 Board of Governors of the Corporation may increase the24 capital stock of the Corporation from a four-fifths major25 ity to an 85 percent majority.’’.

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569
1

SEC. 413. OVERSIGHT AND REPORTS.

2(a) OVERSIGHT.—

3(1) SIGTARP.—As provided for under section

4405 of this division, the Special Inspector General5

for the Troubled Asset Relief Program (SIGTARP)

6

shall have oversight of the Secretary’s administra-

7

tion of the loans and loan guarantees provided under8

section 410, the use of the funds by eligible busi-

9

nesses, and compliance with the requirements of sec-

10

tion 407.

11(2) OVERSIGHT PANEL.—As provided for under

12

section 405 of this division, the Congressional

13

COVID–19 Aid Oversight Panel shall have oversight

14of the Secretary’s administration of the loans and15

loan guarantees provided under section 410, the use

16of the funds by eligible businesses, and compliance17with the requirements of section 407.

18(b) SECRETARY.—The Secretary shall, with respect

19 to the loans and loan guarantees provided under section
20 410, make such reports as are required under section
21 5302 of title 31, United States Code.
22(c) GOVERNMENT ACCOUNTABILITY OFFICE.—

23(1) STUDY.—The Comptroller General of the24

United States shall conduct a study on the loans

25

and loan guarantees provided under section 410.

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570
1(2) REPORT.—Not later than 9 months after2

the date of enactment of this Act, and annually3

thereafter through the year succeeding the last year

4

for which loans or loan guarantees provided under5

section 410 are in effect, the Comptroller General

6

shall submit to the Committee on Financial Services,

7

the Committee on Appropriations, and the Com-8

mittee on the Budget of the House of Representa-

9

tives and the Committee on Banking, Housing, and

10

Urban Affairs, the Committee on Appropriations,11and the Committee on the Budget of the Senate a12report on the loans and loan guarantees provided

13

under section 410.

14

(d)

DIVERSITYREPORT.—The

Congressional

15 COVID–19 Aid Oversight Panel, in conjunction with the
16 SIGTARP, shall collect diversity data from any corpora17 tion that receives Federal aid related to COVID–19, and
18 issue a report that will be made publicly available no later
19 than one year after the disbursement of funds. In addition
20 to any other data, the report shall include the following:
21(1) EMPLOYEE DEMOGRAPHICS.—The gender,

22

race, and ethnic identity (and to the extent possible,

23

results disaggregated by ethnic group) of the cor-24

poration’s employees, as otherwise known or pro-25

vided voluntarily for the total number of employees

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571
1(full- and part-time) and the career level of employ-2ees (executive and manager versus employees in3other roles).

4(2) SUPPLIER DIVERSITY.—The number and5dollar value invested with minority- and women-

6

owned suppliers (and to the extent possible, results

7

disaggregated by ethnic group), including profes-

8

sional services (legal and consulting) and asset man-9

agers, and deposits and other accounts with minority

10

depository institutions, as compared to all vendor in-11

vestments.

12

(3)

PAY

EQUITY.—A

comparison

of

pay

13

amongst racial and ethnic minorities (and to the ex-

14tent possible, results disaggregated by ethnic group)15

as compared to their white counterparts and com-

16

parison of pay between men and women for similar

17roles and assignments.

18(4) CORPORATE BOARD DIVERSITY.—Corporate

19

board demographic data, including total number of20

board members, gender, race and ethnic identity of21

board members (and to the extent possible, results

22

disaggregated by ethnic group), as otherwise known

23

or provided voluntarily, board position titles, as well24

as any leadership and subcommittee assignments.

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572
1(5) DIVERSITY AND INCLUSION OFFICES.—The2

reporting structure of lead diversity officials, number

3of staff and budget dedicated to diversity and inclu-

4sion initiatives.

5(e) DIVERSITY AND INCLUSION INITIATIVES.—Any

6 corporation that receives Federal aid related to COVID–
7 19 must maintain officials and budget dedicated to diver8 sity and inclusion initiatives for no less than 5 years after
9 disbursement of funds.
10

SEC. 414. DEFINITIONS.

11

In this title:

12(1) COVERED LOSS.—The term ‘‘covered loss’’

13

includes losses, direct or incremental, incurred as a14

result of COVID–19, as determined by the Sec-15

retary.

16(2) ELIGIBLE BUSINESS.—The term ‘‘eligible

17business’’ means a United States business that has

18

incurred covered losses such that the continued oper-

19

ations of the business are jeopardized, as determined

20

by the Secretary, and that has not otherwise applied

21

for or received economic relief in the form of loans

22or loan guarantees provided under any other provi-

23sion of this Act.

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1(3) SECRETARY.—The term ‘‘Secretary’’ means

2

the Secretary of the Treasury, or the designee of the3

Secretary of the Treasury.

4

SEC. 415. RULE OF CONSTRUCTION.

5

Nothing in this title shall be construed to allow the

6 Secretary to provide relief to eligible businesses except in
7 the form of secured loans and loan guarantees as provided
8 in this title and under terms and conditions that are in
9 the interest of the Federal Government.

TITLE V—INVESTING IN ASUSTAINABLE RECOVERY

10
11
12

SEC.

501.

13

IMPROVINGCORPORATEGOVERNANCE

THROUGH DIVERSITY.

14(a) PURPOSE.—The purpose of this section, and the

15 amendment made by this section, is to create account16 ability to ensure that corporate boards reflect the diversity
17 and perspectives of the communities and consumers im18 pacted by the hardships due to the coronavirus disease
19 (COVID–19) outbreak and future major disasters.
2021(b) SUBMISSION OF DATA RELATING TO DIVERSITYBY ISSUERS.—

22(1) IN GENERAL.—Section 13 of the Securities

23

Exchange Act of 1934 (15 U.S.C. 78m) is amended

24

by adding at the end the following:

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574
1
2

‘‘(s) SUBMISSION OF DATA RELATING TO DIVERSITY.—

3‘‘(1) DEFINITIONS.—In this subsection—

4‘‘(A) the term ‘executive officer’ has the5meaning given the term in section 230.501(f) of

6

title 17, Code of Federal Regulations, as in ef-

7fect on the date of enactment of this subsection;

8

and

9

‘‘(B) the term ‘veteran’ has the meaning

10

given the term in section 101 of title 38, United

11

States Code.

12

‘‘(2)

SUBMISSIONOFDISCLOSURE.—Each13

issuer required to file an annual report under sub-14

section (a) shall disclose in any proxy statement and15

any information statement relating to the election of

16

directors filed with the Commission the following:

17‘‘(A) Data, based on voluntary self-identi-

18

fication, on the racial, ethnic, and gender com-19

position of—20‘‘(i) the board of directors of the21

issuer;22‘‘(ii) nominees for the board of direc-

23

tors of the issuer; and24‘‘(iii) the executive officers of the25

issuer.

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575
1‘‘(B) The status of any member of the2

board of directors of the issuer, any nominee

3

for the board of directors of the issuer, or any

4executive officer of the issuer, based on vol-5

untary self-identification, as a veteran.

6‘‘(C) Whether the board of directors of the7

issuer, or any committee of that board of direc-

8

tors, has, as of the date on which the issuer

9

makes a disclosure under this paragraph,10

adopted any policy, plan, or strategy to promote

11

racial, ethnic, and gender diversity among—

12‘‘(i) the board of directors of the13

issuer;14‘‘(ii) nominees for the board of direc-

15

tors of the issuer; or16‘‘(iii) the executive officers of the17

issuer.

18‘‘(3) ALTERNATIVESUBMISSION.—In

any 1-

19

year period in which an issuer required to file an an-

20

nual report under subsection (a) does not file with21

the Commission a proxy statement relating to the22election of directors or an information statement, the23issuer shall disclose the information required under24

paragraph (2) in the first annual report of issuer

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576
1that the issuer submits to the Commission after the2

end of that 1-year period.

3‘‘(4) ANNUALREPORT.—Notlater than 18

4months after the date of the enactment of this sub-5

section, and annually thereafter, the Commission

6

shall submit to the Committee on Financial Services

7of the House of Representatives and to the Com-8

mittee on Banking, Housing, and Urban Affairs of

9

the Senate and publish on the website of the Com-10

mission a report that analyzes the information dis-11

closed pursuant to paragraphs (1), (2), and (3) and12

identifies any trends in such information.

13‘‘(5) BEST PRACTICES.—

14‘‘(A) IN GENERAL.—The Director of the15

Office of Minority and Women Inclusion of the16

Commission shall, not later than the end of the17

3-year period beginning on the date of the en-18

actment of this subsection and every three19

years thereafter, publish best practices for com-20

pliance with this subsection.

21‘‘(B) COMMENTS.—The Director of the Of-

22

fice of Minority and Women Inclusion of the23

Commission may, pursuant to subchapter II of

24

chapter 5 of title 5, United States Code, solicit

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577
1

public comments related to the best practices

2

published under subparagraph (A).’’.

3(2) RULEMAKING.—

4(A) IN GENERAL.—The Securities and Ex-

5change Commission shall issue rules to carry6

out the amendment made by paragraph (1)7within the 6-month period beginning on the end

8of the COVID–19 emergency period.

9(B) COVID–19 EMERGENCY PERIOD DE-

10

FINED.—In this subsection, the term ‘‘COVID–

11

19 emergency period’’ means the period that12

begins upon the date of the enactment of this13

Act and ends upon the date of the termination14

by the Federal Emergency Management Admin-

15

istration of the emergency declared on March

16

13, 2020, by the President under the Robert T.

17

Stafford Disaster Relief and Emergency Assist-18

ance Act (42 U.S.C. 4121 et seq.) relating to

19

the Coronavirus Disease 2019 (COVID–19)

20

pandemic.

21(c) DIVERSITY ADVISORY GROUP.—

22(1) ESTABLISHMENT.—The Securities and Ex-

23change Commission shall establish a Diversity Advi-

24

sory Group (the ‘‘Advisory Group’’), which shall be

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578
1composed of representatives from the government,

2

academia, and the private sector.

3(2) STUDY AND RECOMMENDATIONS.—The Ad-

4visory Group shall—

5(A) carry out a study that identifies strate-

6

gies that can be used to increase gender, racial,

7and ethnic diversity among members of boards

8of directors of issuers; and9(B) not later than 9 months after the es-

10tablishment of the Advisory Group, submit a re-11

port to the Commission, the Committee on Fi-

12nancial Services of the House of Representa-

13

tives, and the Committee on Banking, Housing,

14

and Urban Affairs of the Senate that—15(i) describes any findings from the16

study conducted pursuant to subparagraph17(A); and18(ii) makes recommendations of strate-

19

gies that issuers could use to increase gen-20

der, racial, and ethnic diversity among

21

board members.

22(3) ANNUAL REPORT.—Not later than 1 year

23

following the submission of a report pursuant to24paragraph (2), and annually thereafter, the Commis-

25

sion shall submit a report to the Committee on Fi-

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1

nancial Services of the House of Representatives and2

the Committee on Banking, Housing, and Urban Af-

3fairs of the Senate that describes the status of gen-4

der, racial, and ethnic diversity among members of5

the board of directors of issuers.

6(4) PUBLIC AVAILABILITY OF REPORTS.—The7

Commission shall make all reports of the Advisory

8

Group available to issuers and the public, including

9on the website of the Commission.

10(5) DEFINITIONS.—For the purposes of this11

subsection:

12(A) ISSUER.—The term ‘‘issuer’’ has the13

meaning given the term in section 3 of the Se-

14

curities Exchange Act of 1934.

15(B) COMMISSION.—The term ‘‘Commis-

16

sion’’ means the Securities and Exchange Com-17

mission.

18

SEC. 502. DIVERSE INVESTMENT ADVISERS.

19(a) FINDINGS.—The Congress finds the following:

20(1) Diverse individual-owned and controlled21

firms continue to face obstacles, such as discrimina-

22

tion and other related barriers, when competing for23

investment adviser services opportunities, including

24

Federal opportunities.

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1(2) The Government Accountability Office2

found in September 2017 that asset management3

firms (also known as firms providing investment ad-

4viser services) registered in the United States man-5

age more than $70,000,000,000,000 of assets and6

that minority- and women-owned asset management

7

firms manage less than 1 percent of such assets.

8(3) Conscious efforts to facilitate diverse and9inclusive firm selection for investment advisers serv-

10

ices opportunities are required to overcome obstacles

11

facing diverse individual-owned and controlled firms,

12

especially as women- and minority-owned businesses

13

across the financial services sector struggle to re-14

cover from the impacts of the coronavirus disease

15(COVID–19) outbreak and future major disasters.

16(4) Despite evidence that women and minority-

17

owned firms perform as well as and sometimes out-

18

perform their industry counterparts, they are not19

consistently selected to manage institutional assets.

20

Although women and minority-owned firms account21

for approximately 8.6 percent of the asset manage-

22

ment industry, recent reports show that they only

23

manage 1.1 percent of all assets under management24

or $785 billion out of $71.4 trillion, and are under-

25

represented as managers in every asset class.

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1(b) INVESTMENT ADVISER CONTRACTING BY PER-

2

SONS

3

CHANGE COMMISSION.—The Securities Exchange Act of

REGISTERED WITH

THE

SECURITIES

AND

EX-

4 1934 (15 U.S.C. 78a et seq.) is amended by inserting after
5 section 15G the following:
6‘‘SEC. 15H. INVESTMENT ADVISER CONTRACTING REQUIRE-

7MENTS.

8‘‘(a) REQUIRED FOR REGISTRATION.—No broker,

9 dealer, investment adviser, investment company, or self10 regulatory organization may be registered with the Com11 mission unless such person—
12‘‘(1) does not contract for the services of an in-

13

vestment adviser for externally managed funds; or14‘‘(2) in contracting for the services of an invest-

15

ment adviser for externally managed funds after the16date of the enactment of this section, has in place17

procedures that require the person, before con-18

tracting for such services—

19‘‘(A) to publish, unless prohibited by law

20

or regulation, a request for proposal for such

21

services; and22‘‘(B) if one or more diverse individual23

owned and controlled firms submits a proposal

24

to provide such services that satisfies the cri-25

teria set forth in the request for proposal, to in-

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582
1

vite at least one such diverse individual-owned

2

and controlled firm to present their proposal, or

3certify to the Commission that no diverse indi-

4

vidual-owned and controlled firms submitted a5

proposal, unless such invitation is prohibited by

6other law or regulation.

7‘‘(b) REPORTS.—

8‘‘(1) PERSONS CONTRACTING FOR THE SERV-9ICES OF INVESTMENT ADVISERS FOR EXTERNALLY

10MANAGED FUNDS.—Each broker, dealer, investment

11

adviser, investment company, and self-regulatory or-

12ganization who contracts for the services of an in-

13

vestment adviser for externally managed funds and14

who is registered with the Commission shall, each15

fiscal year of such person, submit to the Office of

16

Minority and Women Inclusion of the Commission a17report that identifies, for the previous fiscal year—

18‘‘(A) the percentage of services of invest-

19

ment advisers for externally managed funds the20

person contracted for that were provided by a21

diverse individual-owned and controlled firm;

22‘‘(B) the dollar value of any contracts with23

diverse-individual owned and controlled firms

24

providing the services of investment advisers for25

externally managed funds as a percentage of

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1

the dollar value of all contracts with all firms

2

providing the services of investment advisers for3

externally managed funds;

4‘‘(C) the efforts made by the person to

5communicate opportunities for investment ad-

6viser services for externally managed funds to7

diverse-individual owned and controlled firms

8

providing the services of investment advisers for

9externally managed funds;

10‘‘(D) the number of diverse-individual

11

owned and controlled firms that were consid-

12

ered by the person to provide the services of in-13

vestment advisers for externally managed funds

14

and, with respect to each such firm, the race15

and gender of the owners of such firm; and16‘‘(E) for any investment adviser for exter-

17

nally managed funds services contract oppor-

18

tunity in which a diverse-individual owned and19

controlled firm was not considered, a descrip-

20

tion of why a diverse-individual owned and con-21

trolled firm was not considered.

22‘‘(2) INCLUSION OF REPORT INFORMATION ON

23

FORM ADV.—Any person who is required to file a re-24

port under paragraph (1) shall, in any Form ADV

25

filed by, or required to be filed by such person, in-

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1clude all information required to be filed in the re-2

port under paragraph (1) in such Form ADV filing.

3‘‘(3) ANNUAL REPORT BY THE OFFICE OF MI-

4NORITY AND WOMEN INCLUSION.—The Director of5

the Office of Minority and Women Inclusion of the6

Commission shall issue an annual report to the7

Commission and the Congress on the use of diverse

8

individual-owned and controlled firms offering in-9vestment advising services for externally managed

10

funds, including a summary of reports received

11

under paragraph (1) and under section 13B(b).

12‘‘(4) COMMISSION REPORT TO CONGRESS.—The

13

Commission shall issue a report every 5 years to the14

Congress on the steps taken by the Commission to15

implement this section and section 13B.

16‘‘(c) EXCEPTION.—This section shall not apply to—17‘‘(1) a contract described in section 15 of the18

Investment Company Act of 1940, except for an ini-

19

tial contract—

20‘‘(A) pursuant to which a person serves or

21

acts as an unaffiliated sub-adviser to a reg-22

istered investment company; and23‘‘(B) which is exempt from the shareholder

24

approval requirement of section 15 in reliance25

on an order or rule of the Commission; or

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1‘‘(2) a diverse individual-owned and controlled

2

firm with assets under $100,000,000.

3‘‘(d) DEFINITIONS.—For the purposes of this section:

4‘‘(1) AFFILIATED PERSON.—The term ‘affili-

5

ated person’ has the meaning given that term under6

section 2(a) of the Investment Company Act of

7

1940.

8

‘‘(2) DIVERSE INDIVIDUAL-OWNED AND CON-

9

TROLLED FIRM.—The term ‘diverse individual-owned

10

and controlled firm’ means a firm—

11‘‘(A) which is at least 51 percent owned by12

one or more individuals who are women, minori-

13

ties, or veterans; or14‘‘(B) whose management and daily busi-

15

ness operations are—16‘‘(i) in the case of a firm the shares

17of which are traded on a national securities

18

exchange, controlled by a board with a ma-

19jority of members who are women, minori-

20

ties, or veterans; and21‘‘(ii) in the case of any other firm, at

22

least 51 percent controlled by one or more

23

individuals who are women, minorities, or24veterans.

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1‘‘(3) INVESTMENT ADVISER.—The term ‘invest-

2

ment adviser’ has the meaning given the term in sec-

3

tion 202(a)(11) of the Investment Advisers Act of

4

1940.

5

‘‘(4) MINORITY.—The term ‘minority’ has the6meaning given the term in section 308(b) of the Fi-

7nancial Institutions Reform, Recovery, and Enforce-

8

ment Act of 1989 and also includes any indigenous

9

person in the United States or its territories.

10‘‘(5) UNAFFILIATED SUB-ADVISER TO A REG-

11

ISTERED INVESTMENT COMPANY.—With respect to a

12

registered investment company, the term ‘unaffili-

13

ated sub-adviser to a registered investment company’

14

means a person described under section 2(a)(20)(B)15

of the Investment Company Act of 1940 that is not

16

an affiliated person of a person described under sec-

17

tion 2(a)(20)(A) of the Investment Company Act of

18

1940.

19

‘‘(6) VETERAN.—The term ‘veteran’ has the20

meaning given the term in section 101 of title 38,

21

United States Code.’’.

22(c) INVESTMENT ADVISER CONTRACTING BY PER-

23

SONS

REGISTERING SECURITIES.—The Securities Ex-

24 change Act of 1934 is amended by inserting after section
25 13A the following:

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587
1‘‘SEC. 13B. INVESTMENT ADVISER CONTRACTING REQUIRE-

2MENTS.

3‘‘(a) IN GENERAL.—Any issuer required to file an an-

4 nual report under section 13 shall, when contracting for
5 the services of an investment adviser for externally man6 age funds—
7‘‘(1) publish, unless prohibited by law or regula-

8tion, a request for proposal for such services; and9‘‘(2) if one or more diverse individual owned

10

and controlled firms submits a proposal to provide

11such services that satisfies the criteria set forth in12

the request for proposal, invite at least one such di-13verse individual-owned and controlled firm to present

14

their proposal, or certify to the Commission that no15

diverse individual-owned and controlled firms sub-16

mitted a proposal, unless such invitation is prohib-

17

ited by other law or regulation.

18‘‘(b) REPORT.—Any issuer required to file an annual

19 report under section 13 who contracts for the services of
20 an investment adviser for externally managed funds shall,
21 each fiscal year of such issuer, submit to the Office of
22 Minority and Women Inclusion of the Commission a re23 port that identifies, for the previous fiscal year—24‘‘(1) the percentage of services of investment

25

advisers for externally managed funds the issuer

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML588
1contracted for that were provided by a diverse indi-2

vidual-owned and controlled firm;

3‘‘(2) the dollar value of any contracts with di-4verse-individual owned and controlled firms pro-5

viding the services of investment advisers for exter-

6

nally managed funds as a percentage of the dollar

7value of all contracts with all firms providing the8services of investment advisers for externally man-9

aged funds;

10‘‘(3) the efforts made by the issuer to commu-

11

nicate investment adviser services for externally

12

managed funds contract opportunities to diverse-in-

13

dividual owned and controlled firms providing the14

services of investment advisers for externally man-15

aged funds;

16‘‘(4) the number of diverse-individual owned

17

and controlled firms that were considered by the18

issuer to provide the services of investment advisers

19

for externally managed funds and, with respect to20each such firm, the race and gender of the owners

21

of such firm; and22‘‘(5) for any investment adviser services for ex-

23

ternally managed funds contract opportunity in24which a diverse-individual owned and controlled firm25

was not considered, a description of why a diverse-

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589
1

individual owned and controlled firm was not consid-

2

ered.

3

‘‘(c) EXCEPTION.—This section shall not apply to—4‘‘(1) a contract described in section 15 of the5

Investment Company Act of 1940, except for an ini-

6

tial contract—

7‘‘(A) pursuant to which a person serves or

8acts as an unaffiliated sub-adviser to a reg-9

istered investment company; and

10‘‘(B) which is exempt from the shareholder

11

approval requirement of section 15 in reliance12

on an order or rule of the Commission; or

13‘‘(2) a diverse individual-owned and controlled

14

firm with assets under $100,000,000.

15‘‘(d) DEFINITIONS.—In this section, the terms, ‘af-

16 filiated person’, ‘diverse individual-owned and controlled
17 firm’, ‘investment adviser’, ‘minority’, ‘unaffiliated sub-ad18 viser to a registered investment company’, and ‘veteran’19 have the meaning given such terms in section 15H(d).’’.
20(d) EFFECTIVE DATE.—The amendments made by

21 section shall take effect after the end of the 180-day pe22 riod beginning on the date of the termination by the Fed23 eral Emergency Management Administration of the emer24 gency declared on March 13, 2020, by the President under
25 the Robert T. Stafford Disaster Relief and Emergency As-

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590
1 sistance Act (42 U.S.C. 4121 et seq.) relating to the
2 Coronavirus Disease 2019 (COVID–19) pandemic.
3SEC. 503. FINANCIAL LITERACY EDUCATION COMMISSION

4EMERGENCY RESPONSE.

5(a) PURPOSE.—The purpose of this section is to pro-

6 vide financial literacy education, including information on
7 access to banking services and other financial products,
8 for individuals seeking information and resources as they
9 recover from any financial distress caused by the
10 coronavirus disease (COVID–19) outbreak and future
11 major disasters.
1213(b) FINANCIAL LITERACY AND EDUCATION COMMISSION RESPONSE TO THE COVID–19 EMERGENCY.—

14(1) SPECIAL MEETING.—Not later than the end

15of the 60-day period beginning on the date of enact-

16

ment of this section, the Financial Literacy and17

Education Commission (the ‘‘Commission’’) shall18

convene a special meeting to discuss and plan assist-

19

ance related to the financial impacts of the COVID–

20

19 emergency.

21(2) UPDATE OF THE COMMISSION’S WEBSITE.—

22(A) IN GENERAL.—Not later than the end

23of the 60-day period beginning on the date of

24

enactment of this section, the Commission shall25

update the website of the Commission with a

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591
1full list of tools to help individuals recover from2

any financial hardship as a result of the3

COVID–19 emergency.

4(B) SPECIFICREQUIREMENTS.—In

per-

5

forming the update required under subpara-

6graph (A), the Commission shall—

7(i) place special emphasis on providing

8

an additional set of tools geared towards

9

women, racial and ethnic minorities, vet-

10

erans, disabled, and LGBTQ+ commu-

11

nities; and12(ii) provide information in English

13

and Spanish.

14(C) INFORMATION FROM MEMBERS.—Not

15

later than the end of the 60-day period begin-

16

ning on the date of enactment of this section,

17

each Federal department or agency that is a18

member of the Commission shall provide an up-

19

date on the website of the Commission dis-20

closing any tools that the department or agency

21

is offering to individuals or to employees of the22

department or agency related to the COVID–19

23

emergency.

24(3) IMPLEMENTATION REPORT TO CONGRESS.—25

The Secretary of the Treasury and the Director of

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1

the Bureau of Consumer Financial Protection shall,

2

jointly and not later than the end of the 30-day pe-

3riod following the date on which the meeting re-4quired under paragraph (1) is held and all updates

5

required under paragraph (2) have been completed,

6

report to Congress on the implementation of this7

section.

8(4) COVID–19 EMERGENCY DEFINED.—In this9subsection, the term ‘‘COVID–19 emergency’’ means

10

the emergency declared on March 13, 2020, by the11

President under the Robert T. Stafford Disaster Re-

12

lief and Emergency Assistance Act (42 U.S.C. 4121

13

et seq.) relating to the Coronavirus Disease 201914

(COVID–19) pandemic.

15

SEC. 504. INTERAGENCY PANDEMIC GUIDANCE FOR CON-

16

SUMERS.

17(a) INTERAGENCY PANDEMIC GUIDANCE.—

18(1) GUIDANCE.—Not later than the end of the

19

60-day period beginning on the date of enactment of

20

this section, the Federal financial regulators shall21

issue interagency regulatory guidance on prepared-

22

ness, flexibility, and relief options for consumers in23

pandemics and major disasters, such as deferment,

24

forbearance, affordable payment plan options, and

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1

other options such as delays on debt collections and2wage garnishments.

3(2) UPDATES.—The Federal financial regu-

4

lators shall update the guidance required under5

paragraph (1) as necessary to keep such guidance

6

current.

7(b) PANDEMIC PREPAREDNESS TESTING.—

8(1) IN GENERAL.—Not later than the end of9

the 2-year period beginning on the date of enact-

10

ment of this section, and every 5 years thereafter,

11

the Federal financial regulators shall carry out test-

12

ing along with the institutions regulated by the Fed-13eral financial regulators to determine how effectively

14such institutions will be able to respond to a pan-15

demic or major disaster.

16(2) REPORT.—After the end of each test re-17

quired under paragraph (1), the Federal financial

18

regulators shall, jointly, issue a report to Congress19

containing the results of such test and any regu-

20

latory or legislative recommendations the regulators

21

may have to increase pandemic preparedness.

22(c) DEFINITIONS.—In this section:

23(1) FEDERAL FINANCIAL REGULATORS.—The24

term ‘‘Federal financial regulators’’ means the25

Board of Governors of the Federal Reserve System,

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1

the Bureau of Consumer Financial Protection, the2Comptroller of the Currency, the Director of the3

Federal Housing Finance Agency, the Federal De-

4

posit Insurance Corporation, the National Credit

5

Union Administration, the Secretary of Agriculture,6

and the Secretary of Housing and Urban Develop-

7

ment.

8

(2) MAJOR DISASTER.—The term ‘‘major dis-

9

aster’’ means a major disaster declared by the Presi-

10

dent under section 401 of the Robert T. Stafford

11

Disaster Relief and Emergency Assistance Act (4212

U.S.C. 5170),

13

under section 408 of such Act (42 U.S.C. 5174), or

14

section 501 of such Act (42 U.S.C. 5191).

15

SEC. 505. SEC PANDEMIC GUIDANCE FOR INVESTORS.

16

under which assistance is authorized(a) PANDEMIC GUIDANCE.—

17(1) GUIDANCE.—Not later than the end of the18

60-day period beginning on the date of enactment of

19

this section, the Securities and Exchange Commis-

20

sion shall issue regulatory guidance on preparedness,

21

flexibility, relief, and investor protection for inves-

22

tors in pandemics and major disasters, including rel-23

evant disclosures.

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1(2) UPDATES.—The Commission shall update2

the guidance required under paragraph (1) as nec-

3

essary to keep such guidance current.

4(b) PANDEMIC PREPAREDNESS TESTING.—

5(1) IN GENERAL.—Not later than the end of6

the 60-day period beginning on the date of enact-

7

ment of this Act, and every 5 years thereafter, the8Securities and Exchange Commission shall carry out

9testing along with the entities regulated by the Com-10

mission to determine how effectively such entities

11

will be able to respond to a pandemic or major dis-

12

aster.

13(2) REPORT.—After the end of each test re-14

quired under paragraph (1), the Commission shall15

issue a report to Congress containing the results of

16

such test and any regulatory or legislative rec-17

ommendations the Commission may have to increase

18

pandemic preparedness.

19(c) MAJOR DISASTER DEFINED.—In this section, the20 term ‘‘major disaster’’ means a major disaster declared
21 by the President under section 401 of the Robert T. Staf22 ford Disaster Relief and Emergency Assistance Act (4223 U.S.C. 5170),

under which assistance is authorized

24 under section 408 of such Act (42 U.S.C. 5174), or sec25 tion 501 of such Act (42 U.S.C. 5191).

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596
1

SEC. 506. UPDATES OF THE PANDEMIC INFLUENZA PLAN

2

AND NATIONAL PLANNING FRAMEWORKS.

3(a) IN GENERAL.—Not later than one year following

4 the end of the Declaration of the National Emergency, the
5 President shall ensure that the Pandemic Influenza Plan
6 (2017 Update) and the National Planning Frameworks
7 are updated. The Secretary of the Treasury, in consulta8 tion with the Federal financial regulators, shall provide
9 to the President the following:
10(1) An assessment of the effectiveness of cur-11

rent plans and strategies to address the economic, fi-

12nancial, and monetary issues arising from a pan-13

demic or other disaster.

14(2) A description of the most significant chal-

15

lenges to protecting the economy, the financial sys-

16tem, and consumers, during a pandemic or other17

disaster, including the specific challenges experi-

18

enced by women, racial and ethnic minorities, di-19verse-owned businesses, veterans, and the disabled.

20(3) Actions that could be carried out in a crisis,21

as defined by the preparedness plans described in

22

subsection (a), such as the following:

23(A) Significant increases of unemployment

24

insurance benefits (including payment amounts)

25

for all workers under a certain income thresh-

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1

old, including freelancers and the self-employed,

2during the crisis.

3(B) Loan deference, modification, and for-4

bearance mechanisms of all consumer and busi-

5

ness payments, allowing long-term repayment

6plans and excluding no industries, during the7crisis.

8(C) Suspension of foreclosure and eviction

9

proceedings taken against individuals or busi-

10

nesses during the crisis.

11(D) Suspension of all negative consumer

12

credit reporting during the crisis.

13(E) Prohibition of debt collection, reposses-

14

sion, and garnishment of wages during the cri-

15

sis.

16

(F) Provision of emergency homeless as-

17

sistance during the crisis.

18(G) An increase in Community Develop-

19

ment Block Grants during the crisis and to im-

20

prove community response.

21(H) Reduction of hurdles in the form of

22

waivers and authorities to modify existing hous-

23

ing and homelessness programs to facilitate re-24

sponse to the crisis.

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598
1(I) Expand the size standards for eligible

2

businesses with access no-interest or low-inter-3

est loans through the Small Business Adminis-

4

tration during the crisis.

5(J) Remove the size standard limits on eli-

6gible businesses with access no-interest or low-

7

interest loans through the Small Business Ad-

8ministration during the crisis for businesses

9

that agree to maintain their employment work-

10

force and preserve benefits during the crisis.

11(K) Support for additional no-interest or

12

low-interest loans for small businesses through13

the Small Business Administration during the14

crisis.

15(L) Utilization of the Community Develop-

16

ment Financial Institutions (CDFI) Fund to17

support small businesses as well as low-income

18

communities during the crisis.

19(M) Support for State, territory, and local

20

government financing during the crisis.

21(N) Waiver of matching requirements for

22municipal governments during the crisis.

23(O) Suspension of requirements relating to24minimum distributions for retirement plans and

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599
1

individual retirement accounts for the calendar

2

years of which the crisis is occurring.

3(b) SPECIAL CONSIDERATION FOR DIVERSITY.—In

4 issuing the updates required under subsection (a), the
5 President shall ensure that consideration is given as to
6 how to minimize the economic impacts of a crisis on
7 women, minorities, diverse-owned businesses, veterans,
8 and the disabled.
9(c) MAKING PLANS PUBLIC.—The updated plans de-

10 scribed in subsection (a) shall be made publicly available,
11 but may have classified information redacted.
12(d) DEFINITIONS.—In this section:

13(1) DECLARATION OF THE NATIONAL EMER-

14

GENCY.—The

15

Emergency’’ means the emergency declared by the16

President under section 501 of the Robert T. Staf-

17

ford Disaster Relief and Emergency Assistance Act

18(42 U.S.C. 5191) relating to the COVID–19 pan-19

demic.

20

term ‘‘Declaration of the National(2) FEDERALFINANCIALREGULATOR.—The

21

term ‘‘Federal financial regulators’’ means the Bu-

22reau of Consumer Financial Protection, the Federal

23

Deposit Insurance Corporation, the Federal Housing

24

Finance Agency, the Board of Governors of the Fed-25

eral Reserve System, the Office of the Comptroller

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600
1of the Currency, the National Credit Union Adminis-

2

tration, and the Securities and Exchange Commis-

3

sion.

DIVISION J—EDUCATION RELIEF
5
AND OTHER PROGRAMS
6
TITLE I—EDUCATION7PROVISIONS
4

8

SEC. 100101. SHORT TITLE.

9This title may be cited as the ‘‘COVID–19 Pandemic

10 Education Relief Act of 2020’’.
11

SEC. 100102. DEFINITIONS.

12

In this title:

13(1) CORONAVIRUS.—The term ‘‘coronavirus’’

14

has the meaning given that term in section 506 of

15

the Coronavirus Preparedness and Response Supple-

16

mental Appropriations Act, 2020 (Public Law 116–

17

123).

18

(2) INSTITUTION OF HIGHER EDUCATION.—The

19

term ‘‘institution of higher education’’ has the20

meaning given that term in section 102 of the High-21

er Education Act of 1965 (20 U.S.C. 1002).

22

(3)

23

QUALIFYINGEMERGENCY.—The

term‘‘qualifying emergency’’ means—

24(A) a public health emergency related to25

the coronavirus declared by the Secretary of

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601
1

Health and Human Services pursuant to sec-

2

tion 319 of the Public Health Service Act (423

U.S.C. 247d);

4(B) an event related to the coronavirus for5

which the President declared a major disaster6

or an emergency under section 401 or 501, re-7spectively, of the Robert T. Stafford Disaster

8

Relief and Emergency Assistance Act (429

U.S.C. 5170 and 5191); or

10(C) a national emergency related to the11coronavirus declared by the President under

12

section 201 of the National Emergencies Act

13(50 U.S.C. 1601 et seq.).

14(4) SECRETARY.—The term ‘‘Secretary’’ means

15

the Secretary of Education.

16(5) FOREIGN INSTITUTION.—The term ‘‘foreign

17

institution’’ means an institution of higher education18

located outside the United States that is described19

in paragraphs (1)(C) and (2) of section 102(a) of20

the Higher Education Act of 1965 (20 U.S.C.

21

1002(a)).

22

SEC. 100103. CAMPUS-BASED AID WAIVERS.

2324(a) WAIVER OF NON-FEDERAL SHARE REQUIREMENT.—Notwithstanding

sections

413C(a)(2)and

25 443(b)(5) of the Higher Education Act of 1965 (20

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602
1 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with respect
2 to funds made available for award years 2019–2020 and
3 2020–2021, the Secretary shall waive the requirement
4 that a participating institution of higher education provide
5 a non-Federal share to match Federal funds provided to
6 the institution for the programs authorized pursuant to
7 subpart 3 of part A and part C of title IV of the Higher
8 Education Act of 1965 (20 U.S.C. 1070b et seq. and
9 1087–51 et seq.), except nothing in this subsection shall
10 affect the non-Federal share requirement under section
11 443(c)(3) of such Act that applies to private for-profit or12 ganizations.
13(b) AUTHORITY TO REALLOCATE.—Notwithstanding

14 sections 413D, 442, and 488 of the Higher Education Act
15 of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during
16 a period of a qualifying emergency, an institution may
17 transfer up to 100 percent of the institution’s unexpended
18 allotment under section 442 of such Act to the institu19 tion’s allotment under section 413D of such Act, but may
20 not transfer any funds from the institution’s unexpended
21 allotment under section 413D of such Act to the institu22 tion’s allotment under section 442 of such Act.

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603
1SEC. 100104. USE OF SUPPLEMENTAL EDUCATIONAL OP-

2

PORTUNITY GRANTS FOR EMERGENCY AID.

3(a) IN GENERAL.—Notwithstanding section 413B of

4 the Higher Education Act of 1965 (20 U.S.C. 1070b–1),
5 an institution of higher education may reserve any amount
6 of an institution’s allocation under subpart 3 of part A
7 of title IV of the Higher Education Act of 1965 (20 U.S.C.
8 1070b et seq.) for a fiscal year to award, in such fiscal
9 year, emergency financial aid grants to assist under10 graduate or graduate students for unexpected expenses
11 and unmet financial need as the result of a qualifying
12 emergency.
13(b) DETERMINATIONS.—In determining eligibility for

14 and awarding emergency financial aid grants under this15 section, an institution of higher education may—
16(1) waive the amount of need calculation under17

section 471 of the Higher Education Act of 1965

18

(20 U.S.C. 1087kk);

19(2) allow for a student affected by a qualifying

20

emergency to receive funds in an amount that is not

21

more than the maximum Federal Pell Grant for the22

applicable award year; and23(3) utilize a contract with a scholarship-grant-24

ing organization designated for the sole purpose of25

accepting applications from or disbursing funds to26

students enrolled in the institution of higher edu-

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604
1

cation, if such scholarship-granting organization dis-2

burses the full allocated amount provided to the in-3

stitution of higher education to the recipients.

4(c) SPECIAL RULE.—Any emergency financial aid

5 grants to students under this section shall not be treated
6 as other financial assistance for the purposes of section
7 471 of the Higher Education Act of 1965 (20 U.S.C.
8 1087kk).
9SEC. 100105. FEDERAL WORK-STUDY DURING A QUALIFYING10EMERGENCY.

11(a) IN GENERAL.—In the event of a qualifying emer-

12 gency, an institution of higher education participating in
13 the program under part C of title IV of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1087–51 et seq.) may make15 payments under such part to affected work-study stu16 dents, for the period of time (not to exceed one academic
17 year) in which affected students were unable to fulfill the
18 students’ work-study obligation for all or part of such aca19 demic year due to such qualifying emergency, as follows:20(1) Payments may be made under such part to21

affected work-study students in an amount equal to22or less than the amount of wages such students

23

would have been paid under such part had the stu-

24

dents been able to complete the work obligation nec-

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605
1essary to receive work study funds, as a one time

2

grant or as multiple payments.

3(2) Payments shall not be made to any student

4

who was not eligible for work study or was not com-5

pleting the work obligation necessary to receive work

6

study funds under such part prior to the occurrence

7of the qualifying emergency.

8(3) Any payments made to affected work-study

9

students under this subsection shall meet the match-10

ing requirements of section 443 of the Higher Edu-

11

cation Act of 1965 (20 U.S.C. 1087–53), unless

12

such matching requirements are waived by the Sec-13

retary.

14(b) DEFINITION OF AFFECTED WORK-STUDY STU-

15

DENT.—In

this section, the term ‘‘affected work-study

16 student’’ means a student enrolled at an eligible institu17 tion participating in the program under part C of title IV
18 of the Higher Education Act of 1965 (20 U.S.C. 1087–
19 51 et seq.) who—
20(1) received a work-study award under section

21

443 of the Higher Education Act of 1965 (2022

U.S.C. 1087–53) for the academic year during which

23

a qualifying emergency occurred;

24(2) earned Federal work-study wages from such

25

eligible institution for such academic year; and

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1(3) was prevented from fulfilling the student’s

2work-study obligation for all or part of such aca-3

demic year due to such qualifying emergency.

4SEC. 100106. ADJUSTMENT OF SUBSIDIZED LOAN USAGE

5

LIMITS.

6

Notwithstanding section 455(q)(3) of the Higher

7 Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Sec8 retary shall exclude from a student’s period of enrollment
9 for purposes of loans made under part D of title IV of
10 the Higher Education Act of 1965 (20 U.S.C. 1087a et
11 seq.) any semester (or the equivalent) that the student
12 does not complete due to a qualifying emergency, if the
13 Secretary is able to administer such policy in a manner
14 that limits complexity and the burden on the student.
15

SEC. 100107. EXCLUSION FROM FEDERAL PELL GRANT DU-

16

RATION LIMIT.

17

The Secretary shall exclude from a student’s Federal

18 Pell Grant duration limit under section 401(c)(5) of the
19 Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any
20 semester (or the equivalent) that the student does not
21 complete due to a qualifying emergency if the Secretary
22 is able to administer such policy in a manner that limits
23 complexity and the burden on the student.

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607
1

SEC. 100108. INSTITUTIONAL REFUNDS AND FEDERAL STU-

2

DENT LOAN FLEXIBILITY.

3(a) INSTITUTIONAL WAIVER.—

4(1) IN GENERAL.—The Secretary shall waive5

the institutional requirement under section 484B of

6

the Higher Education Act of 1965 (20 U.S.C.

7

1091b) with respect to the amount of grant or loan

8

assistance (other than assistance received under part

9

C of title IV of such Act) to be returned under such

10

section if a recipient of assistance under title IV of11

the Higher Education Act of 1965 (20 U.S.C. 1070

12

et seq.) withdraws from the institution of higher

13

education during the payment period or period of

14

enrollment as a result of a qualifying emergency.

15(2) WAIVERS.—The Secretary shall require16

each institution using a waiver relating to the with-17

drawal of recipients under this subsection to report18

the number of such recipients, the amount of grant

19

or loan assistance (other than assistance received

20

under part C of title IV of such Act) associated with21

each such recipient, and the total amount of grant22

or loan assistance (other than assistance received

23

under part C of title IV of such Act) for which each24

institution has not returned assistance under title IV25

to the Secretary.

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1(b) STUDENT WAIVER.—The Secretary shall waive

2 the amounts that students are required to return under3 section 484B of the Higher Education Act of 1965 (20
4 U.S.C. 1091b) with respect to Federal Pell Grants or
5 other grant assistance if the withdrawals on which the re6 turns are based are withdrawals by students who withdrew
7 from the institution of higher education as a result of a
8 qualifying emergency.
9(c)

CANCELING

LOAN

OBLIGATION.—Notwith-10 standing any other provision of the Higher Education Act
11 of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall can12 cel the borrower’s obligation to repay the entire portion
13 of a loan made under part D of title IV of such Act (2014 U.S.C. 1087a et seq.) associated with a payment period
15 for a recipient of such loan who withdraws from the insti16 tution of higher education during the payment period as
17 a result of a qualifying emergency.
18(d) APPROVED LEAVEOF

ABSENCE.—Notwith-19 standing any other provision of the Higher Education Act
20 of 1965 (20 U.S.C. 1001 et seq.), for purposes of receiving
21 assistance under title IV of the Higher Education Act of
22 1965 (20 U.S.C. 1070 et seq.), an institution of higher
23 education may, as a result of a qualifying emergency, pro24 vide a student with an approved leave of absence that does
25 not require the student to return at the same point in the

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1 academic program that the student began the leave of ab2 sence if the student returns within the same semester (or3 the equivalent).
4

SEC. 100109. SATISFACTORY ACADEMIC PROGRESS.

5

Notwithstanding section 484 of the Higher Education

6 Act of 1965 (20 U.S.C. 1091), in determining whether a
7 student is maintaining satisfactory academic progress for
8 purposes of title IV of the Higher Education Act of 1965
9 (20 U.S.C. 1070 et seq.), an institution of higher edu10 cation may, as a result of a qualifying emergency, exclude
11 from the quantitative component of the calculation any at12 tempted credits that were not completed by such student
13 without requiring an appeal by such student.
14

SEC. 100110. CONTINUING EDUCATION AT AFFECTED FOR-

15

EIGN INSTITUTIONS.

16(a) IN GENERAL.—Notwithstanding section 481(b)17 of the Higher Education Act of 1965 (20 U.S.C. 1088(b)),
18 with respect to a foreign institution, in the case of a public
19 health emergency, major disaster or emergency, or na20 tional emergency declared by the applicable government
21 authorities in the country in which the foreign institution
22 is located, the Secretary may permit any part of an other23 wise eligible program to be offered via distance education
24 for the duration of such emergency or disaster and the

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610
1 following payment period for purposes of title IV of the2 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
3(b) ELIGIBILITY.—An otherwise eligible program

4 that is offered in whole or in part through distance edu5 cation by a foreign institution between March 1, 2020, and6 the date of enactment of this Act shall be deemed eligible
7 for the purposes of part D of title IV of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1087a et seq.) for the dura9 tion of the emergency or disaster affecting the institution
10 as described in subsection (a) and the following payment
11 period for purposes of title IV of the Higher Education
12 Act of 1965 (20 U.S.C. 1070 et seq.). An institution of
13 higher education that uses the authority provided in the
14 previous sentence shall report such use to the Secretary—15(1) for the 2019–2020 award year, not later

16

than June 30, 2020; and17(2) for an award year subsequent to the 2019–182020 award year, not later than 30 days after such

19

use.

20

(c) REPORT.—Not later than 180 days after the date

21 of enactment of this Act, and every 180 days thereafter
22 for the duration of the applicable disaster or emergency
23 and the following payment period, the Secretary shall sub24 mit to the authorizing committees (as defined in section
25 103 of the Higher Education Act of 1965 (20 U.S.C.

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611
1 1003)) a report that identifies each foreign institution
2 that carried out a distance education program authorized
3 under this section.
4(d) WRITTEN ARRANGEMENTS.—

5(1) IN GENERAL.—Notwithstanding section 102

6of the Higher Education Act of 1965 (20 U.S.C.

71002), with respect to a foreign institution, in the8case of a public health emergency, major disaster or

9emergency, or national emergency declared by the10

applicable government authorities in the country in

11which the foreign institution is located, the Sec-12

retary may allow a foreign institution to enter into13

a written arrangement with an institution of higher

14

education located in the United States that partici-

15pates in the Federal Direct Loan Program under16

part D of title IV of the Higher Education Act of171965 (20 U.S.C. 1087a et seq.), for the duration of

18

such emergency or disaster and the following pay-

19

ment period, for the purpose of allowing a student

20of the foreign institution who is a borrower of a loan

21

made under such part to take courses from the insti-

22

tution of higher education located in the United

23

States.

24(2) FORM OF ARRANGEMENTS.—

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1(A) PUBLIC OR OTHER NONPROFIT INSTI-2TUTIONS.—A foreign institution that is a public

3

or other nonprofit institution may enter into a4

written arrangement under paragraph (1) only

5

with an institution of higher education de-

6

scribed in section 101 of such Act (20 U.S.C.

71001).

8(B) OTHER INSTITUTIONS.—A foreign in-

9

stitution that is a graduate medical school,

10

nursing school, or a veterinary school and that11

is not a public or other nonprofit institution

12

may enter into a written arrangement under13

paragraph (1) with an institution of higher edu-

14

cation described in section 101 or section 102

15

of such Act (20 U.S.C. 1001 and 1002).

16(3) REPORT ON USE.—An institution of higher

17

education that uses the authority described in para-

18

graph (2) shall report such use to the Secretary—

19(A) for the 2019–2020 award year, not20

later than June 30, 2020; and21(B) for an award year subsequent to the

22

2019–2020 award year, not later than 30 days

23

after such use.

24(4) REPORT FROM THE SECRETARY.—Not later25

than 180 days after the date of enactment of this

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1Act, and every 180 days thereafter for the duration2of the applicable disaster or emergency and the fol-3

lowing payment period, the Secretary shall submit to4

the authorizing committees (as defined in section

5103 of the Higher Education Act of 1965 (206U.S.C. 1003)) a report that identifies each foreign

7

institution that entered into a written arrangement8

authorized under paragraph (1).

9SEC. 100111. HBCU CAPITAL FINANCING.

10(a) DEFERMENT PERIOD.—

11(1) IN GENERAL.—Notwithstanding any provi-

12sion of title III of the Higher Education Act of 1965

13

(20 U.S.C. 1051 et seq.), or any regulation promul-

14

gated under such title, the Secretary may grant a15deferment, for the duration of a qualifying emer-

16

gency, to an institution of higher education that has

17received a loan under part D of title III of such Act

18(20 U.S.C. 1066 et seq.).

19(2) TERMS.—During the deferment period

20

granted under this subsection—

21(A) the institution of higher education

22

shall not be required to pay any periodic install-23

ment of principal or interest required under the24

loan agreement for such loan; and

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1(B) the Secretary shall make principal and2interest payments otherwise due under the loan

3agreement.

4(3) CLOSING.—At the closing of a loan deferred5

under this subsection, terms shall be set under

6

which the institution of higher education shall be re-7quired to repay the Secretary for the payments of

8

principal and interest made by the Secretary during

9

the deferment, on a schedule that begins upon re-10

payment to the lender in full on the loan agreement,

11

except in no case shall repayment be required to

12

begin before the date that is 1 full fiscal year after13

the date that is the end of the qualifying emergency.

14(b) TERMINATION DATE.—

15(1) IN

GENERAL.—The

authority provided

16

under this section to grant a loan deferment under17

subsection (a) shall terminate on the date on which18

the qualifying emergency is no longer in effect.

19(2) DURATION.—Any provision of a loan agree-

20

ment or insurance agreement modified by the au-

21

thority under this section shall remain so modified

22

for the duration of the period covered by the loan

23

agreement or insurance agreement.

24(c) REPORT.—Not later than 180 days after the date

25 of enactment of this Act, and every 180 days thereafter

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1 during the period beginning on the first day of the quali2 fying emergency and ending on September 30 of the fiscal
3 year following the end of the qualifying emergency, the
4 Secretary shall submit to the authorizing committees (as5 defined in section 103 of the Higher Education Act of
6 1965 (20 U.S.C. 1003)) a report that identifies each insti7 tution of higher education that received assistance under
8 this section.
9SEC. 100112. WAIVER AUTHORITY AND REPORTING RE-

10QUIREMENT FOR INSTITUTIONAL AID.

11

(a)

WAIVERAUTHORITY.—Notwithstandingany

12 other provision of the Higher Education Act of 1965
13 (U.S.C. 1001 et seq.), unless enacted with specific ref14 erence to this section, for any institution of higher edu15 cation that was receiving assistance under title III, title
16 V, or subpart 4 of part A of title VII of such Act (2017 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the
18 time of a qualifying emergency, the Secretary may, for the
19 period beginning on the first day of the qualifying emer20 gency and ending on September 30 of the fiscal year fol21 lowing the end of the qualifying emergency—
22(1) waive—

23(A) the eligibility data requirements set

24

forth in section 391(d) and 521(e) of the High-

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616
1

er Education Act of 1965 (20 U.S.C. 1068(d)2

and 1103(e));3(B) the wait-out period set forth in section

4313(d) of the Higher Education Act of 1965

5(20 U.S.C. 1059(d));6(C) the allotment requirements under

7

paragraphs (2) and (3) of subsection 318(e) of

8

the Higher Education Act of 1965 (20 U.S.C.

91059e(e)), and references to ‘‘the academic year

10

preceding the beginning of that fiscal year’’ in11paragraph (1);12(D) the allotment requirements under sub-13

sections (b), (c), and (g) of section 324 of the14

Higher Education Act of 1965 (20 U.S.C.

151063), and references to ‘‘the end of the school

16

year preceding the beginning of that fiscal

17year’’ under subsection (a) and references to18‘‘the academic year preceding such fiscal year’’19

under subsection (h) of such section;

20(E) subparagraphs (A), (C), (D), and (E)21of section 326(f)(3) of the Higher Education

22

Act of 1965 (20 U.S.C. 1063b(f)(3)), and ref-23

erences to ‘‘previous year’’ under subparagraph24(B) of such section;

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617
1(F) subparagraphs (A), (C), (D), and (E)2of section 723(f)(3) and section 724(f)(3) of the3

Higher Education Act of 1965 (20 U.S.C.

41136a(f)(3) and 1136b(f)(3)), and references to5‘‘previous academic year’’ under subparagraph6(B) of such sections; and7(G) the allotment restriction set forth in8

section 318(d)(4) and 323(c)(2) of the Higher

9

Education Act of 1965 (20 U.S.C. 1059e(d)(4)10

and 1062(c)(2)); and11(2) waive or modify any statutory or regulatory

12

provision to ensure that institutions that were re-13

ceiving assistance under such titles at the time of a14

qualifying emergency are not adversely affected by15

any formula calculation for fiscal year 2020 and for16

the period beginning on the first day of the quali-

17

fying emergency and ending on September 30 of the

18

fiscal year following the end of the qualifying emer-

19

gency, as necessary.

20(b) USE OF UNEXPENDED FUNDS.—Any funds paid

21 to an institution under title III, title V, or subpart 4 of
22 part A of title VII of the Higher Education Act of 1965
23 (20 U.S.C. 1051 et seq.; 1101 et seq.) and not expended
24 or used for the purposes for which the funds were paid
25 to the institution during the 5-year period following the

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618
1 date on which the funds were first paid to the institution,
2 may be carried over and expended during the succeeding
3 5-year period.
4(c) REPORT.—Not later than 180 days after the date

5 of enactment of this Act, and every 180 days thereafter
6 for the period beginning on the first day of the qualifying
7 emergency and ending on September 30 of the fiscal year
8 following the end of the qualifying emergency, the Sec9 retary shall submit to the authorizing committees (as de10 fined in section 103 of the Higher Education Act of 1965
11 (20 U.S.C. 1003)) a report that identifies each institution
12 that received a waiver or modification under this section.
13

SEC. 100113. AUTHORIZED USES AND OTHER MODIFICA-

14

TIONS FOR GRANTS.

15(a) IN GENERAL.—The Secretary is authorized to

16 modify the required and allowable uses of funds for grants
17 awarded under part A or B of title III, chapters I or II
18 of subpart 2 of part A of title IV, title V, or subpart 4
19 of part A of title VII of the Higher Education Act of 1965
20 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.;
21 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an insti22 tution of higher education or other grant recipient (not23 including individual recipients of Federal student financial
24 assistance), at the request of an institution of higher edu25 cation or other recipient of a grant (not including indi-

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619
1 vidual recipients of Federal student financial assistance)
2 as a result of a qualifying emergency, for the period begin3 ning on the first day of the qualifying emergency and end4 ing on September 30 of the fiscal year following the end
5 of the qualifying emergency.
6(b) MATCHING REQUIREMENT MODIFICATIONS.—

7 Notwithstanding any other provision of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary
9 is authorized to modify any Federal share or other finan10 cial matching requirement for a grant awarded on a com11 petitive basis, or a grant awarded under part A or B of
12 title III or subpart 4 of part A of title VII of the Higher
13 Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et
14 seq.; 1136a et seq.) at the request of an institution of
15 higher education or other grant recipient as a result of
16 a qualifying emergency, for the period beginning on the
17 first day of the qualifying emergency and ending on Sep18 tember 30 of the fiscal year following the end of the quali19 fying emergency.
20(c) REPORTS.—Not later than 180 days after the

21 date of enactment of this Act, and every 180 days there22 after for the duration of the period beginning on the first
23 day of the qualifying emergency and ending on September
24 30 of the fiscal year following the end of the qualifying
25 emergency, the Secretary shall submit to the authorizing

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620
1 committees (as defined in section 103 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1003)) a report that identi3 fies each institution of higher education or other grant re4 cipient that received a modification under this section.
5

SEC. 100114. SERVICE OBLIGATIONS FOR TEACHERS.

6(a) TEACH GRANTS.—For the purposes of section

7 420N of the Higher Education Act of 1965 (20 U.S.C.
8 1070g–2), during a qualifying emergency, the Secretary—
9(1) may modify the categories of extenuating10

circumstances under which a recipient of a grant

11

under subpart 9 of part A of title IV of such Act

12

who is unable to fulfill all or part of the recipient’s

13

service obligation may be excused from fulfilling that14

portion of the service obligation; and15(2) shall consider teaching service that, as a re-16

sult of a qualifying emergency, is part-time or tem-

17

porarily interrupted to be full-time service and to18

fulfill the service obligations under section 420N.

19

(b)

TEACHERLOAN

FORGIVENESS.—Notwith-20 standing section 428J or 460 of the Higher Education Act
21 of 1965 (20 U.S.C. 1078–10; 1087j), the Secretary shall
22 waive the requirements under such sections that years of
23 teaching service shall be consecutive if—

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1(1) the teaching service of a borrower is tempo-

2

rarily interrupted due to a qualifying emergency;

3

and

4

(2) after the temporary interruption due to a5

qualifying emergency, the borrower resumes teaching

6

service and completes a total of five years of quali-

7fying teaching service under such sections, including

8

qualifying teaching service performed before, during,

9

and after such qualifying emergency.

10SEC. 100115. PAYMENTS FOR STUDENT LOAN BORROWERS

11

AS A RESULT OF A NATIONAL EMERGENCY.

12(a) PAYMENTS FOR STUDENT LOAN BORROWERS

13 DURING A NATIONAL EMERGENCY.—
14(1) IN GENERAL.—Part G of title IV of the15

Higher Education Act of 1965 (20 U.S.C. 1088 et16seq.) is amended by inserting after section 493D the17

following:

18‘‘SEC. 493E. PAYMENTS FOR STUDENT LOAN BORROWERS

19

DURING A NATIONAL EMERGENCY.

20‘‘(a) DEFINITIONS.—In this section:

21‘‘(1) CORONAVIRUS.—The term ‘coronavirus’

22

has the meaning given the term in section 506 of the23

Coronavirus Preparedness and Response Supple-

24

mental Appropriations Act, 2020 (Public Law 116–

25

123).

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1‘‘(2) INCOME-DRIVEN REPAYMENT.—The term2

‘income-driven repayment’ means—3‘‘(A) income-based repayment authorized

4

under section 493C for loans made, insured, or5guaranteed under part B or part D; or

6‘‘(B) income contingent repayment author-

7

ized under section 455(e) for loans made under8

part D.

9‘‘(3) INVOLUNTARY

10‘involuntary collection’ means—

COLLECTION.—The

term

11

‘‘(A) a wage garnishment authorized under

12

section 488A of this Act or section 3720D of

13

title 31, United States Code;

14‘‘(B) a reduction of tax refund by amount15

of debt authorized under section 3720A of title

16

31, United States Code;17‘‘(C) a reduction of any other Federal ben-18

efit payment by administrative offset authorized

19

under section 3716 of title 31, United States

20

Code (including a benefit payment due to an in-

21

dividual under the Social Security Act or any

22

other

23

(c)(3)(A)(i) of such section); and24

provision

described

insubsection‘‘(D) any other involuntary collection activ-

25

ity.

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1‘‘(4) NATIONAL EMERGENCY.—The term ‘na-

2

tional emergency’ means—3‘‘(A) a public health emergency related to4

the coronavirus that is declared by the Sec-5

retary of Health and Human Services pursuant

6

to section 319 of the Public Health Service Act

7(42 U.S.C. 247d); or

8‘‘(B) a national emergency related to the9coronavirus declared by the President under the

10

National Emergencies Act (50 U.S.C. 1601 et

11seq.).

1213‘‘(b) NATIONAL EMERGENCY STUDENT LOAN REPAYMENT ASSISTANCE.—

14‘‘(1) AUTHORITY.—Beginning on the date of15

enactment of the øTake Responsibility for Workers

16

and Families Act¿, in the event of a national emer-

17

gency, the Secretary shall, for each month during

18

the national emergency period and for each borrower

19

of a loan made, insured, or guaranteed under part20

B, D, or E, pay the total amount due for such

21

month on the loan, based on the payment plan se-

22

lected by the borrower or the borrower’s loan status.

23‘‘(2) NO CAPITALIZATION OF INTEREST.—With

24

respect to any loan in repayment during a national

25

emergency period, interest due on loans made, in-

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624
1

sured, or guaranteed under part B, D, or E during

2such period shall not be capitalized at any time dur-3

ing the national emergency.

4‘‘(3) APPLICABILITY OF PAYMENTS.—Any pay-5

ment made by the Secretary under this section shall6

be considered by the Secretary, or by a lender with7

respect to a loan made, insured, or guaranteed

8

under part B—

9‘‘(A) as a qualifying payment under the10

public service loan forgiveness program under11

section 455(m), if the borrower would otherwise

12

qualify under such section;

13‘‘(B) in the case of a borrower enrolled in

14

an income-driven repayment plan, as a quali-

15

fying payment for the purpose of calculating eli-

16

gibility for loan forgiveness for the borrower in17

accordance with section 493C(b)(7) or section

18455(d)(1)(D), as the case may be; and19‘‘(C) in the case of a borrower in default,

20

as an on-time monthly payment for purposes of

21loan rehabilitation pursuant to section 428F(a).

22‘‘(4) REPORTINGTOCONSUMERREPORTING

23

AGENCIES.—During

24

retary is making payments on a loan under para-

25

graph (1), the Secretary shall ensure that, for thethe period in which the Sec-

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625
1

purpose of reporting information about the loan to2

a consumer reporting agency, any payment made by3

the Secretary is treated as if it were a regularly

4scheduled payment made by a borrower.

5‘‘(5) NOTICE OF PAYMENTS AND PROGRAM.—6

Not later than 15 days following the date of enact-

7

ment of the øTake Responsibility for Workers and8

Families Act¿, and monthly thereafter during the9period of a national emergency, the Secretary shall10

provide a notice to all borrowers of loans made, in-11

sured, or guaranteed under part B, D, or E—

12‘‘(A) informing borrowers of the actions

13

taken under this section;

14‘‘(B) providing borrowers with an easily

15

accessible method to opt out of the benefits pro-16

vided under this section; and17‘‘(C) notifying the borrower that the pro-18

gram under this section is a temporary program

19

and will end after the national emergency ends.

20‘‘(6) SUSPENSION OF INVOLUNTARY COLLEC-

21

TION.—Beginning on the date of enactment of the22øTake Responsibility for Workers and Families

23

Act¿, in the event of a national emergency, the Sec-24

retary, or other holder of a loan made, insured, or25

guaranteed under part B, D, or E, shall immediately

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626
1

take action to halt all involuntary collection related2

to the loan until the date on which the national3

emergency ends.

4‘‘(c) WAIVEROF

INTEREST DURING NATIONAL

5 EMERGENCY.—Notwithstanding any other provision of
6 law, the Secretary shall pay any interest that would other7 wise be charged or accrue during a national emergency
8 on any loan made, insured, or guaranteed under part B,
9 D, or E.
10‘‘(d) TRANSITION PERIOD.—Upon the termination of

11 a national emergency, the Secretary shall carry out a pro12 gram to provide for a transition period of 90 days, begin13 ning on the day after the last day of the national emer14 gency, during which—15‘‘(1) the Secretary shall provide not less than 3

16

notices to borrowers indicating when the borrower’s

17normal payment obligations will resume; and18‘‘(2) any missed payments by a borrower under19

part B, D, or E shall not—

20‘‘(A) result in fees or penalties; or21‘‘(B) be reported to any consumer report-

22

ing agency or otherwise impact the borrower’s

23

credit history.

24‘‘(e) IMPLEMENTATION IN FFEL ENTITIES.—To fa-

25 cilitate implementation of this section—

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6271‘‘(1) lenders and guaranty agencies holding

2loans made, insured, or guaranteed under part B

3shall report, to the satisfaction of the Secretary, in-4

formation to verify at the borrower level the amount5of payments made under this section; and6‘‘(2) the Secretary shall have the authority to7establish a payment schedule for purposes of this8

section for loans made, insured, or guaranteed under9

part B and not held by the Secretary.

10‘‘(f) WAIVERS.—In carrying out this section, the Sec-

11 retary may waive the application of—
12‘‘(1) subchapter I of chapter 35 of title 44,

13

United States Code;

14‘‘(2) the master calendar requirements under15

section 482;

16‘‘(3) negotiated rulemaking under section 492;

17

and

18

‘‘(4) the requirement to publish the notices re-19

lated to the system of records of the agency before

20

implementation required under paragraphs (4) and21(11) of section 552a(e) of title 5, United States

22

Code (commonly known as the ‘Privacy Act of

23

1974’), except that the notices shall be published not24

later than 180 days after the date of enactment of

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1

the øTake Responsibility for Workers and Families

2Act¿.’’.¿

3(2) FFEL AMENDMENT.—Section 428(c)(8) of

4

the Higher Education Act of 1965 (20 U.S.C.

5

1078(c)(8)) is amended by striking ‘‘and for which’’

6

and all that follows through ‘‘this subsection’’.

7(3) APPLICABILITY.—The requirement of the8

Secretary to make payments under section 493E of

9

the Higher Education Act of 1965, as added by

10paragraph 1, shall apply to payments due after the11date of enactment of this Act.

12(b) MINIMUM RELIEF FOR STUDENT LOAN BOR-

13

ROWERS AS A RESULT OF A NATIONAL EMERGENCY.—

14 Part G of title IV the Higher Education Act of 1965 (2015 U.S.C. 1088 et seq.), as amended by subsection (a), is
16 further amended by inserting after section 493E the fol17 lowing:
18‘‘SEC. 493F. MINIMUM RELIEF FOR STUDENT LOAN BOR-

19

ROWERS AS A RESULT OF A NATIONAL EMER-

20

GENCY.

21‘‘(a) MINIMUM STUDENT LOAN RELIEF AS A RESULT22

OF A NATIONAL EMERGENCY.—Not later than 90 days

23 after the conclusion of a national emergency (as defined
24 in section 493E), the Secretary shall, for each borrower
25 of a loan made under part B, D, or E, reduce the total

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1 outstanding balance due on all such loans of the borrower,
2 by an amount equal to the lesser of—3‘‘(1) the difference between $10,000 and the4total amount of payments made by the Secretary

5

under section 493E(b) on such loans of the borrower

6

during the period of such national emergency; or

7‘‘(2) the total amount of outstanding principal

8

and interest due on such loans of the borrower, as

9of the date of the calculation under this subsection.

10‘‘(b) DATA TO IMPLEMENT.—Contractors of the Sec-

11 retary and lenders and guaranty agencies holding loans
12 made, insured, or guaranteed under part B shall report,
13 to the satisfaction of the Secretary, the information nec14 essary to calculate the amount to be applied under sub15 section (a).’’.
16

SEC. 100116. EXCLUSION FROM GROSS INCOME.

17(a) IN GENERAL.—Part III of subchapter B of chap-

18 ter 1 of the Internal Revenue Code of 1986 is amended
19 by inserting after section 139H the following new section:
20‘‘SEC. 139I. STUDENT LOAN PAYMENTS RESULTING FROM A

21

NATIONAL EMERGENCY.

22‘‘Gross income shall not include any payment made23 on behalf of the taxpayer under section 493E(b)(1) or
24 493F of the Higher Education Act of 1965.’’.

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1(b) CLERICAL AMENDMENT.—The table of sections

2 for part III of subchapter B of chapter 1 of the Internal
3 Revenue Code of 1986 is amended by inserting after the
4 item relating to section 139H the following new item:‘‘Sec. 139I.Student loan payments resulting from a national emergency.’’.

5(c) EFFECTIVE DATE.—The amendments made by

6 this section shall apply to taxable years beginning after
7 December 31, 2019.
8

SEC. 100117. RULE OF CONSTRUCTION.

9

Except as otherwise provided in this Act or the

10 amendments made by this Act, nothing in this Act shall
11 be construed to provide additional authority to the Sec12 retary of Education to waive any provision of the fol13 lowing:
14(1) The Elementary and Secondary Education

15

Act of 1965 (20 U.S.C. 6301 et seq.).

16(2) The Individuals with Disabilities Education

17

Act (20 U.S.C. 1400 et seq.).

18(3) The Higher Education Act of 1965 (2019

U.S.C. 1001 et seq.).

20(4) The Carl D. Perkins Career and Technical21

Education Act of 2006 (20 U.S.C. 2301 et seq.)

22

TITLE II—OTHER PROGRAMS

23

SEC. 100201. PROVISIONS RELATED TO THE CORPORATION24

FOR NATIONAL AND COMMUNITY SERVICE.

25(a) ACCRUAL OF SERVICE HOURS.—

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631
1

(1)

2

ACCRUAL

THROUGHOTHERSERVICE

HOURS.—

3(A) IN

GENERAL.—Notwithstandingany

4other provision of the Domestic Volunteer Serv-

5

ice Act of 1973 (42 U.S.C. 4950 et seq.) or the

6

National and Community Service Act of 1990

7

(42 U.S.C. 12501 et seq.), the Corporation for

8

National and Community Service shall allow an

9individual described in subparagraph (B) to ac-

10

crue other service hours that will count toward11

the number of hours needed for the individual’s

12

education award.

13(B) AFFECTEDINDIVIDUALS.—Subpara-

14

graph (A) shall apply to any individual serving

15

in a position eligible for an educational award

16

under subtitle D of title I of the National and17

Community Service Act of 1990 (42 U.S.C.

18

12601 et seq.)—19(i) who is performing limited service

20

due to COVID–19; or21(ii) whose position has been suspended

22

or placed on hold due to COVID–19.

23(2) PROVISIONS IN CASE OF EARLY EXIT.—In24

any case where an individual serving in a position el-

25

igible for an educational award under subtitle D of

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632
1

title I of the National and Community Service Act2of 1990 (42 U.S.C. 12601 et seq.) was required to3exit the position early at the direction of the Cor-4

poration for National and Community Service, the5

Chief Executive Officer of the Corporation for Na-

6tional and Community Service may—

7(A) deem such individual as having met

8

the requirements of the position; and9(B) award the individual the full value of10

the educational award under such subtitle for11

which the individual would otherwise have been

12

eligible.

13(b) NO REQUIRED RETURN OF GRANT FUNDS.—

14 Notwithstanding section 129(l)(3)(A)(i) of the National
15 and Community Service Act of 1990 (42 U.S.C.
16 12581(l)(3)(A)(i)), the Chief Executive Officer of the Cor17 poration for National and Community Service may permit
18 fixed-amount grant recipients under such section 129(l)19 to maintain a pro rata amount of grant funds, at the dis20 cretion of the Corporation for National and Community
21 Service, for participants who exited, were suspended, or
22 are serving in a limited capacity due to COVID–19, to
23 enable the grant recipients to maintain operations and to
24 accept participants.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML6331(c) EXTENSION OF TERMS AND AGE LIMITS.—Not-

2 withstanding any other provision of law, the Corporation
3 for National and Community Service may extend the term
4 of service (for a period not to exceed the 1-year period
5 immediately following the end of the national emergency)
6 or waive any upper age limit (except in no case shall the
7 maximum age exceed 26 years of age) for national service
8 programs carried out by the National Civilian Community
9 Corps under subtitle E of title I of the National and Com10 munity Service Act of 1990 (42 U.S.C. 12611 et seq.),
11 and the participants in such programs, for the purposes
12 of—
13(1) addressing disruptions due to COVID–19;

14

and

15

(2) minimizing the difficulty in returning to full

16

operation due to COVID–19 on such programs and17

participants.

DIVISION K—AGRICULTURE
19
PROVISIONS
20 TITLE I—COMMODITY SUPPORT21
AND OTHER AGRICULTURE
22
PROGRAMS
18

23

SEC. 110101. SUPPLEMENTAL DAIRY MARGIN COVERAGE.

24(a) IN GENERAL.—Of the funds of the Commodity

25 Credit Corporation, the Secretary of Agriculture shall pro-

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634
1 vide supplemental dairy margin coverage payments to eli2 gible dairy operations described in subsection (b) whenever
3 the average actual dairy production margin (as defined in
4 section 1401 of the Agricultural Act of 2014 (7 U.S.C.
5 9051)) for a month is less than the coverage level thresh6 old selected by such eligible dairy operation under such
7 section 1406.
8(b) ELIGIBLE DAIRY OPERATION DESCRIBED.—An

9 eligible dairy operation described in this subsection is a
10 participating dairy operation (as defined in section 1401
11 of the Agricultural Act of 2014 (7 U.S.C. 9051)) that—12(1) is located in the United States; and13(2) on the date of the enactment of this section,

14

had a production history established under the dairy

15

margin coverage program described in section 1405

16of the Agricultural Act of 2014 (7 U.S.C. 9055) of

17

less than 5 million pounds, as determined in accord-

18

ance with subsection (c).

19(c) SUPPLEMENTAL PRODUCTION HISTORY CAL-

20

CULATION.—

21(1) IN GENERAL.—For purposes of determining

22

the production history of an eligible dairy operation

23

under this subsection, such an operation’s produc-

24tion history shall be equal to—

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635
1(A) the production volume of such dairy

2

operation for the 2019 milk marketing year;

3

minus

4

(B) the production history of such dairy

5

operation established under section 1405 of the

6

Agricultural Act of 2014 (7 U.S.C. 9055).

7(2) 5-MILLION POUND LIMITATION.—

8(A) IN GENERAL.—The Secretary shall not

9

provide supplemental dairy margin coverage on

10

a dairy operation’s actual production for cal-

11

endar year 2019 such that the total production

12

history of the operation exceeds 5 million

13

pounds.

14(B) DETERMINATION OF AMOUNT.—In cal-15

culating the total production history of a dairy

16

operation under subparagraph (A), the Sec-17

retary shall add the following:

18(i) The supplemental production his-19

tory calculated under paragraph (1) with20

respect to such dairy operation.

21(ii) The dairy margin coverage pro-22

duction history described in paragraph

23(1)(B) with respect to such dairy oper-

24

ation.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML6361(d) COVERAGE PERCENTAGE.—For purposes of cal-

2 culating payments to be issued under this section, an eligi3 ble dairy operation’s coverage percentage shall be equal
4 to the coverage percentage selected by such eligible dairy
5 operation under section 1406 of the Agricultural Act of
6 2014 (7 U.S.C. 9056).
7(e) PREMIUM COST.—The premium cost for an eligi-

8 ble dairy operation under this section shall be equal to
9 the product of multiplying—
10(1) the Tier I premium cost calculated under11

section 1407(b) of the Agricultural Act of 2014 (712U.S.C. 9057(b)); by

13(2) the production history calculation deter-

14

mined under subsection (c) (such that total produc-

15

tion history does not exceed 5 million pounds).

16(f) REGULATIONS.—Not later than 45 days after the

17 date of the enactment of this section, the Secretary shall18 issue regulations to carry out this section.
19(g) RETROACTIVITY.—The authority to carry out this

20 section shall begin on January 1, 2020.
21

SEC. 110102. TARGETED PURCHASES.

22(a) IN GENERAL.—The Secretary of Agriculture shall

23 utilize not less than $300,000,000 of the funds available
24 under section 32 of the Act of August 24, 1935 (7 U.S.C.
25 612c) to purchase qualified agricultural products for the

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637
1 purpose of donating the products to food assistance pro2 grams, including the Emergency Food Assistance Pro3 gram, of which the Secretary shall utilize—
4(1) not less than $150,000,000 to purchase spe-

5cialty crops;

6(2) not less than $75,000,000 to purchase7

dairy; and8(3) not less than $75,000,000 to purchase meat9

and poultry products.

10

(b)

11

QUALIFIEDAGRICULTURALPRODUCTDE-

FINED.—In this section, the term ‘‘qualified agricultural

12 product’’ means a dairy, meat, or poultry product, or a
13 specialty crop—
14(1) that was packaged or marketed for sale to15

commercial or food service industries;

16(2) for which decreased demand exists for such17

a product due to the COVID–19 outbreak; and18(3) the repurposing of which would be imprac-

19

tical for grocery or retail sale.

TITLE II—SUPPLEMENTAL NU21
TRITION ASSISTANCE PRO22
GRAM
20

23

SEC. 110201. SNAP FUNDING.

24

There are hereby appropriated to the Secretary of

25 Agriculture, out of any money in the Treasury not other-

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1 wise appropriated, such sums as maybe necessary to carry
2 out this title and sections 2301 and 2302 of the Families
3 First Coronavirus Response Act (Public Law 116–127).
4

SEC. 110202. SNAP ALLOTMENTS.

5(a)

NUTRITIONASSISTANCE

ALLOTMENT

6 AMOUNT.—
7(1) VALUEOF

BENEFITS.—Notwithstanding

8

any other provision of law, beginning on May 1,

92020, the value of benefits determined under section

10

8(a) of the Food and Nutrition Act of 2008 (711

U.S.C. 2017(a)), and consolidated block grants for

12

Puerto Rico and American Samoa determined under13

section 19(a) of such Act (7 U.S.C. 2028(a)), shall14

be calculated using 115 percent of the June 201915

value of the thrifty food plan (as defined in section

16

3 of such Act (7 U.S.C. 2012)) if the value of the17

benefits and block grants would be greater under

18

that calculation than in the absence of this para-

19

graph.

20(2) MINIMUM AMOUNT.—

21(A) IN GENERAL.—The minimum value of22

benefits determined under section 8(a) of the23

Food and Nutrition Act of 2008 (7 U.S.C.

24

2017(a)) for a household of not more than 2

25members shall be $30.

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1(B) EFFECTIVENESS.—Subparagraph (A)2shall remain in effect until the date on which 8

3percent of the value of the thrifty food plan for4

a household containing 1 member, rounded to5

the nearest whole dollar increment, is equal to6

or greater than $30.

7(b) REQUIREMENTS FOR THE SECRETARY.—In car-8 rying out this section, the Secretary shall—
9(1) consider the benefit increases described in

10

subsection (a) to be a ‘‘mass change’’;11(2) require a simple process for States to notify

12households of the increase in benefits;

13(3) not include any errors in the implementa-

14

tion of this section in the payment error rate cal-15

culated under section 16(c) of the Food and Nutri-

16

tion Act of 2008 (7 U.S.C. 2025(c));17(4) disregard the additional amount of benefits

18that a household receives as a result of this section

19

in determining the amount of overissuances under20

section 13 of the Food and Nutrition Act of 2008

21

(7 U.S.C. 2022); and22(5) set the tolerance level for excluding small

23

errors for the purposes of section 16(c) of the Food

24

and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at

25$50 through September 30, 2021.

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6401(c) ADMINISTRATIVE EXPENSES.—

2(1) IN GENERAL.—For the costs of State ad-3ministrative expenses associated with carrying out

4this section and administering the supplemental nu-

5trition assistance program established under the

6

Food and Nutrition Act of 2008 (7 U.S.C. 2011 et7seq.), the Secretary of Agriculture shall make avail-

8

able

9

$150,000,000 for fiscal year 2021.

$150,000,000

forfiscal

year

2020

and

10

(2) TIMING FOR FISCAL YEAR 2020.—Not later11

than 60 days after the date of the enactment of this12

section, the Secretary shall make available to States

13

amounts for fiscal year 2020 under paragraph (1).

14(3) ALLOCATION OF FUNDS.—Funds described15

in paragraph (1) shall be made available as grants

16

to State agencies for each fiscal year as follows:

17(A) 75 percent of the amounts available

18

for each fiscal year shall be allocated to States

19

based on the share of each State of households

20

that participate in the supplemental nutrition

21

assistance program as reported to the Depart-

22

ment of Agriculture for the most recent 12-23month period for which data are available, ad-24

justed by the Secretary (as of the date of the25

enactment of this section) for participation in

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641
1

disaster programs under section 5(h) of the2

Food and Nutrition Act of 2008 (7 U.S.C.

3

2014(h)); and

4(B) 25 percent of the amounts available

5for each fiscal year shall be allocated to States6

based on the increase in the number of house-

7

holds that participate in the supplemental nu-

8trition assistance program as reported to the9

Department of Agriculture over the most recent

1012-month period for which data are available,

11

adjusted by the Secretary (as of the date of the

12

enactment of this section) for participation in13

disaster programs under section 5(h) of the

14

Food and Nutrition Act of 2008 (7 U.S.C.

15

2014(h)).

16

SEC. 110203. SNAP RULES.

17

No funds (including fees) made available under this18 Act or any other Act for any fiscal year may be used to
19 finalize, implement, administer, enforce, carry out, or oth20 erwise give effect to—21(1) the final rule entitled ‘‘Supplemental Nutri-

22

tion Assistance Program: Requirements for Able-

23

Bodied Adults Without Dependents’’ published in24

the Federal Register on December 5, 2019 (84 Fed.

25

Reg. 66782);

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1(2) the proposed rule entitled ‘‘Revision of Cat-2egorical Eligibility in the Supplemental Nutrition

3

Assistance Program (SNAP)’’ published in the Fed-4eral Register on July 24, 2019 (84 Fed. Reg.

535570); or

6(3) the proposed rule entitled ‘‘Supplemental

7

Nutrition Assistance Program: Standardization of

8

State Heating and Cooling Standard Utility Allow-

9ances’’ published in the Federal Register on October10

3, 2019 (84 Fed. Reg. 52809).

11SEC. 110204. SNAP HOT FOOD PURCHASES.

12

During the period beginning 10 days after the date

13 of the enactment of this Act and ending on the termi14 nation date of the public health emergency declaration
15 made by the Secretary of Health and Human Services
16 under section 319 of the Public Health Service Act based
17 on an outbreak of coronavirus disease 2019 (COVID–19),
18 the term ‘‘food’’, as defined in section 3 of the Food and
19 Nutrition Act of 2008 (7 U.S.C. 2012), shall be deemed
20 to exclude ‘‘hot foods or hot food products ready for imme21 diate consumption other than those authorized pursuant
22 to clauses (3), (4), (5), (7), (8), and (9) of this sub23 section,’’ for purposes of such Act, except that such exclu24 sion is limited to retail food stores authorized to accept

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643
1 and redeem supplemental nutrition assistance program
2 benefits as of the date of enactment of this Act.
3

øSEC. 110205. WAIVER.

øAny funds provided in the Third Coronavirus Pre-4

5 paredness and Response Supplemental Appropriations
6 Act, 2020 for the Food Distribution Program on Indian
7 Reservations, as authorized by section 4(b) of the Food
8 and Nutrition Act of 2008 (7 U.S.C. 2013(b)), are not
9 subject to the payment of the non-Federal share require10 ment described in section 4(b)(4)(A) of the Food and Nu11 trition Act of 2008 (7 U.S.C. 2013(b)(4)(A)).¿DIVISION L—ACCESS ACT

1213SEC. 120001. SHORT TITLE.

14

This division may be cited as the ‘‘American

15 Coronavirus/COVID–19 Election Safety and Security
16 Act’’ or the ‘‘ACCESS Act’’.
17

SEC. 120002. REQUIREMENTS FOR FEDERAL ELECTION

18

CONTINGENCY PLANS IN RESPONSE TO NAT-

19

URAL DISASTERS AND EMERGENCIES.

20(a) IN GENERAL.—

21(1) ESTABLISHMENT.—Not later than 30 days

22

after the date of the enactment of this Act, each23

State and each jurisdiction in a State which is re-24

sponsible for administering elections for Federal of-25

fice shall establish and make publicly available a

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1contingency plan to enable individuals to vote in2elections for Federal office during a state of emer-3

gency, public health emergency, or national emer-

4

gency which has been declared for reasons includ-

5

ing—

6

(A) a natural disaster; or

7(B) an infectious disease.

8(2) UPDATING.—Each State and jurisdiction

9

shall update the contingency plan established under

10

this subsection not less frequently than every 5

11years.

12(b) REQUIREMENTS RELATING TO SAFETY.—The

13 contingency plan established under subsection (a) shall in14 clude initiatives to provide equipment and resources need15 ed to protect the health and safety of poll workers and
16 voters when voting in person.
17(c) REQUIREMENTS RELATING TO RECRUITMENT OF

18 POLL WORKERS.—The contingency plan established
19 under subsection (a) shall include initiatives by the chief
20 State election official and local election officials to recruit
21 poll workers from resilient or unaffected populations,
22 which may include—
23(1) employees of other State and local govern-

24

ment offices; and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML6451(2) in the case in which an infectious disease2

poses significant increased health risks to elderly in-3

dividuals, students of secondary schools and institu-

4

tions of higher education in the State.

5(d) STATE.—For purposes of this section, the term

6 ‘‘State’’ includes the District of Columbia, the Common7 wealth of Puerto Rico, Guam, American Samoa, the
8 United States Virgin Islands, and the Commonwealth of
9 the Northern Mariana Islands.
10(e) ENFORCEMENT.—

11(1) ATTORNEY GENERAL.—The Attorney Gen-12

eral may bring a civil action against any State or ju-

13

risdiction in an appropriate United States District

14

Court for such declaratory and injunctive relief (in-15

cluding a temporary restraining order, a permanent

16

or temporary injunction, or other order) as may be

17necessary to carry out the requirements of this sec-

18

tion.

19

(2) PRIVATE RIGHT OF ACTION.—

20(A) IN GENERAL.—In the case of a viola-

21

tion of this section, any person who is aggrieved

22

by such violation may provide written notice of23

the violation to the chief election official of the24State involved.

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1(B) RELIEF.—If the violation is not cor-2

rected within 20 days after receipt of a notice3

under subparagraph (A), or within 5 days after4

receipt of the notice if the violation occurred

5

within 120 days before the date of an election

6

for Federal office, the aggrieved person may, in7

a civil action, obtain declaratory or injunctive

8

relief with respect to the violation.

9(C) SPECIAL RULE.—If the violation oc-

10curred within 5 days before the date of an elec-

11

tion for Federal office, the aggrieved person

12need not provide notice to the chief election of-

13

ficial of the State involved under subparagraph

14(A) before bringing a civil action under sub-15

paragraph (B).

16(f) EFFECTIVE DATE.—This section shall apply with17 respect to the regularly scheduled general election for Fed18 eral office held in November 2020 and each succeeding
19 election for Federal office.
20

SEC. 120003. EARLY VOTING AND VOTING BY MAIL.

21(a) REQUIREMENTS.—Title III of the Help America

22 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
23 by adding at the end the following new subtitle:

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647‘‘Subtitle C—Other Requirements

1
2‘‘SEC. 321. EARLY VOTING.

34‘‘(a) REQUIRING ALLOWING VOTING PRIOR TO DATEOF ELECTION.—

5‘‘(1) IN GENERAL.—Each State shall allow indi-

6

viduals to vote in an election for Federal office dur-

7

ing an early voting period which occurs prior to the8date of the election, in the same manner as voting

9is allowed on such date.

10‘‘(2) LENGTH OF PERIOD.—The early voting

11

period required under this subsection with respect to12

an election shall consist of a period of consecutive

13

days (including weekends) which begins on the 15th

14

day before the date of the election (or, at the option

15of the State, on a day prior to the 15th day before

16

the date of the election) and ends on the date of the17election.

18‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.—

19 Each polling place which allows voting during an early vot20 ing period under subsection (a) shall—
21‘‘(1) allow such voting for no less than 10 hours

22

on each day;23‘‘(2) have uniform hours each day for which

24

such voting occurs; and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML6481‘‘(3) allow such voting to be held for some pe-2riod of time prior to 9:00 a.m (local time) and some3

period of time after 5:00 p.m. (local time).

4‘‘(c) LOCATION OF POLLING PLACES.—

5

‘‘(1)

PROXIMITY

TO

PUBLICTRANSPOR-

6

TATION.—To the greatest extent practicable, a State

7

shall ensure that each polling place which allows vot-8

ing during an early voting period under subsection

9(a) is located within walking distance of a stop on

10

a public transportation route.

11‘‘(2) AVAILABILITY

IN

RURAL

AREAS.—The

12

State shall ensure that polling places which allow

13

voting during an early voting period under sub-14

section (a) will be located in rural areas of the State,

15

and shall ensure that such polling places are located16

in communities which will provide the greatest op-

17

portunity for residents of rural areas to vote during

18

the early voting period.

19‘‘(d) STANDARDS.—

20‘‘(1) IN GENERAL.—The Commission shall issue

21

standards for the administration of voting prior to22

the day scheduled for a Federal election. Such

23

standards shall include the nondiscriminatory geo-

24graphic placement of polling places at which such25

voting occurs.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML6491‘‘(2) DEVIATION.—The standards described in2paragraph (1) shall permit States, upon providing

3

adequate public notice, to deviate from any require-4

ment in the case of unforeseen circumstances such5

as a natural disaster, terrorist attack, or a change

6in voter turnout.

7‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE-

8MENTS.—

9‘‘(1) IN GENERAL.—The State shall begin proc-

10

essing and scanning ballots cast during early voting

11

for tabulation at least 14 days prior to the date of12

the election involved.

13‘‘(2) LIMITATION.—Nothing in this subsection

14

shall be construed to permit a State to tabulate bal-

15

lots in an election before the closing of the polls on

16

the date of the election.

17‘‘(f) EFFECTIVE DATE.—This section shall apply

18 with respect to the regularly scheduled general election for
19 Federal office held in November 2020 and each succeeding
20 election for Federal office.
21‘‘SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY

22

MAIL.

23
24

‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTINGTO ALL VOTERS.—

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6501‘‘(1) IN GENERAL.—If an individual in a State2

is eligible to cast a vote in an election for Federal

3

office, the State may not impose any additional con-4

ditions or requirements on the eligibility of the indi-

5

vidual to cast the vote in such election by absentee

6ballot by mail, including—

7‘‘(A) requiring any form of identification8

as a condition of obtaining the absentee ballot;

9

or

10

‘‘(B) requiring notarization or witness sig-

11

nature or other formal authentication (other12

than voter attestation) as a condition of the ac-

13

ceptance of the ballot by an election official.

14‘‘(2) PERMITTING CERTAIN REQUIREMENTS.—

15

Notwithstanding paragraph (1)—16‘‘(A) a State shall require an individual to17

meet signature verification in accordance with

18

subsection (b); and19‘‘(B) the State may impose a deadline for20

requesting the ballot and related voting mate-

21

rials from the appropriate State or local elec-

22tion official and for returning the ballot to the23

appropriate State or local election official.

24‘‘(b) REQUIRING SIGNATURE VERIFICATION.—

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1‘‘(1) REQUIREMENT.—A State may not accept

2

and process an absentee ballot submitted by any in-3

dividual with respect to an election for Federal office4

unless the State verifies the identification of the in-5

dividual by comparing the individual’s signature on

6

the absentee ballot with the individual’s signature on

7

the official list of registered voters in the State, in8

accordance with such procedures as the State may

9adopt (subject to the requirements of paragraph

10

(2)).

11

‘‘(2) DUE PROCESS REQUIREMENTS.—

12‘‘(A) NOTICE AND OPPORTUNITY TO CURE

13DISCREPANCY.—If an individual submits an ab-

14sentee ballot and the appropriate State or local

15

election official determines that a discrepancy

16exists between the signature on such ballot and17

the signature of such individual on the official

18

list of registered voters in the State, such elec-

19tion official, prior to making a final determina-

20

tion as to the validity of such ballot, shall make21

a good faith effort to immediately notify such

22

individual by mail, telephone, and (if available)

23

electronic mail that—24‘‘(i) a discrepancy exists between the25

signature on such ballot and the signature

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652
1

of such individual on the official list of reg-2

istered voters in the State;3‘‘(ii) such individual may provide the4

official with information to cure such dis-5

crepancy, either in person, by telephone, or

6

by electronic methods; and7‘‘(iii) if such discrepancy is not cured

8prior to the expiration of the 7-day period

9which begins on the date of the election,

10

such ballot will not be counted.

11‘‘(B) OPPORTUNITY TO PROVIDE MISSING

12

SIGNATURE.—If

13

sentee ballot without a signature, the State

14

shall notify the individual and give the indi-

15

vidual an opportunity to provide the missing

16

signature on a form proscribed by the State.

an individual submits an ab-17‘‘(C) OTHER REQUIREMENTS.—An election

18

official may not make a determination that a19

discrepancy exists between the signature on an

20

absentee ballot and the signature of the indi-

21

vidual who submits the ballot on the official list22of registered voters in the State unless—23‘‘(i) at least 2 election officials make24

the determination; and

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1‘‘(ii) each official who makes the de-2termination has received training in proce-3

dures used to verify signatures.

4‘‘(3) REPORT.—

5‘‘(A) IN GENERAL.—Not later than 120

6days after the end of a Federal election cycle,

7each chief State election official shall submit to8

Congress a report containing the following in-9

formation for the applicable Federal election

10

cycle in the State:11‘‘(i) The number of ballots invalidated

12

due to a discrepancy under this subsection.

13‘‘(ii) Description of attempts to con-14

tact voters to provide notice as required by

15

this subsection.

16‘‘(iii) Description of the cure process17

developed by such State pursuant to this18

subsection, including the number of ballots

19

determined valid as a result of such proc-

20

ess.

21

‘‘(B) FEDERAL

ELECTION

CYCLE

DE-

22

FINED.—For23

term ‘Federal election cycle’ means the period

24

beginning on January 1 of any odd numbered

purposes of this subsection, the

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1year and ending on December 31 of the fol-2

lowing year.

3‘‘(c) METHODS AND TIMING FOR TRANSMISSION OF

4 BALLOTS AND BALLOTING MATERIALS TO VOTERS.—
5‘‘(1) METHOD FOR REQUESTING BALLOT.—In

6

addition to such other methods as the State may es-

7tablish for an individual to request an absentee bal-

8

lot, the State shall permit an individual to submit a9request for an absentee ballot online. The State shall10

be considered to meet the requirements of this para-

11

graph if the website of the appropriate State or local

12election official allows an absentee ballot request ap-

13

plication to be completed and submitted online and14

if the website permits the individual—

15‘‘(A) to print the application so that the16

individual may complete the application and re-17

turn it to the official; or

18‘‘(B) request that a paper copy of the ap-

19plication be transmitted to the individual by20

mail or electronic mail so that the individual21

may complete the application and return it to22

the official.

23‘‘(2) ENSURING

DELIVERY PRIOR TO ELEC-

24

TION.—If an individual requests to vote by absentee

25

ballot in an election for Federal office, the appro-

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655
1

priate State or local election official shall ensure

2

that the ballot and relating voting materials are re-3

ceived by the individual prior to the date of the elec-

4tion so long as the individual’s request is received by5

the official not later than 5 days (excluding Satur-

6

days, Sundays, and legal public holidays) before the7date of the election, except that nothing in this para-

8graph shall preclude a State or local jurisdiction

9from allowing for the acceptance and processing of

10ballot requests submitted or received after such re-11quired period.

12‘‘(3) SPECIAL RULES IN CASE OF EMERGENCY

13

PERIODS.—

14‘‘(A) AUTOMATIC MAILING OF ABSENTEE

15

BALLOTS TO ALL VOTERS.—If the area in which

16

an election is held is in an area in which an

17

emergency or disaster which is described in sub-18

paragraph (A) or (B) of section 1135(g)(1) of

19

the Social Security Act (42 U.S.C. 1320b-205(g)(1)) is declared during the period described21

in subparagraph (C)—22‘‘(i) paragraphs (1) and (2) shall not

23

apply with respect to the election; and24‘‘(ii) not later than 2 weeks before the25date of the election, the appropriate State

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656
1

or local election official shall transmit ab-2sentee ballots and balloting materials for3

the election to all individuals who are reg-4

istered to vote in such election.

5‘‘(B) AFFIRMATION.—If an individual re-6

ceives an absentee ballot from a State or local

7

election official pursuant to subparagraph (A)8and returns the voted ballot to the official, the9ballot shall not be counted in the election unless10

the individual includes with the ballot a signed

11affirmation that—12‘‘(i) the individual has not and will13

not cast another ballot with respect to the

14election; and15‘‘(ii) acknowledges that a material

16

misstatement of fact in completing the bal-

17

lot may constitute grounds for conviction18of perjury.

19‘‘(C) PERIOD DESCRIBED.—The period de-20

scribed in this subparagraph with respect to an

21election is the period which begins 120 days be-

22

fore the date of the election and ends 30 days

23

before the date of the election.

24‘‘(D) APPLICATION

25

GENERAL ELECTION.—Because

TO

NOVEMBER

2020

of the public

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1

health emergency declared pursuant to section

2319 of the Public Health Service Act (423

U.S.C. 247d) resulting from the COVID–19

4

pandemic, the special rules set forth in this5

paragraph shall apply with respect to the regu-

6

larly scheduled general election for Federal of-7

fice held in November 2020 in each State.

8‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS-

9

ABILITIES.—The State shall ensure that all absentee bal-

10 lots and related voting materials in elections for Federal
11 office are accessible to individuals with disabilities in a
12 manner that provides the same opportunity for access and13 participation (including with privacy and independence) as
14 for other voters.
15‘‘(e) REQUIREMENTS FOR ENVELOPES.—

16‘‘(1) PREPAYMENTOF POSTAGE.—Consistent17

with regulations of the United States Postal Service,18

the State or the unit of local government responsible

19

for the administration of an election for Federal of-20

fice shall prepay the postage on any ballot in the21election which is cast by mail.

22‘‘(2) USE OF SELF-SEALING ENVELOPE.—The

23

State or unit of local government shall provide with24

any absentee ballot transmitted to a voter by mail25

a self-sealing return envelope.

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6581‘‘(f) UNIFORM DEADLINEFORACCEPTANCE

OF

2 MAILED BALLOTS.—If a ballot submitted by an individual
3 by mail with respect to an election for Federal office in
4 a State is postmarked on or before the date of the election,
5 the State may not refuse to accept or process the ballot
6 on the grounds that the individual did not meet a deadline
7 for returning the ballot to the appropriate State or local
8 election official.
9‘‘(g) METHODS OF RETURNING BALLOTS.—

10‘‘(1) IN GENERAL.—The State shall permit an

11

individual to whom a ballot in an election was pro-12

vided under this section to cast the ballot by deliv-

13

ering the ballot at such times and to such locations

14

as the State may establish, including—

15‘‘(A) permitting the individual to deliver16

the ballot to a polling place on the date of the17election; and18‘‘(B) permitting the individual to deliver19

the ballot to a designated ballot drop-off loca-

20

tion.

21

‘‘(2)

PERMITTINGVOTERSTO

DESIGNATE

22

OTHER PERSON TO RETURN BALLOT.—The State—

23‘‘(A) shall permit a voter to designate any

24

person to return a voted and sealed absentee

25

ballot to the post office, a ballot drop-off loca-

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659
1tion, tribally designated building, or election of-2

fice so long as the person designated to return3

the ballot does not receive any form of com-4

pensation based on the number of ballots that5

the person has returned and no individual,

6group, or organization provides compensation

7

on this basis; and8‘‘(B) may not put any limit on how many

9

voted and sealed absentee ballots any des-10

ignated person can return to the post office, a11ballot drop off location, tribally designated12

building, or election office.

1314‘‘(h) BALLOT PROCESSING AND SCANNING REQUIREMENTS.—

15‘‘(1) IN GENERAL.—The State shall begin proc-

16

essing and scanning ballots cast by mail for tabula-

17

tion at least 14 days prior to the date of the election

18

involved.

19‘‘(2) LIMITATION.—Nothing in this subsection

20

shall be construed to permit a State to tabulate bal-

21

lots in an election before the closing of the polls on

22

the date of the election.

23‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-

24 tion shall be construed to affect the authority of States

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660
1 to conduct elections for Federal office through the use of
2 polling places at which individuals cast ballots.
3‘‘(j) NO EFFECT ON BALLOTS SUBMITTED BY AB-

4

SENT MILITARY AND OVERSEAS VOTERS; TREATMENT OF

5 BLANK ABSENTEE BALLOTS TRANSMITTED TO CERTAIN
6 VOTERS.—Nothing in this section may be construed to af7 fect the treatment of any ballot submitted by an individual
8 who is entitled to vote by absentee ballot under the Uni9 formed and Overseas Citizens Absentee Voting Act (5210 U.S.C. 20301 et seq.), and any blank absentee ballot
11 transmitted to an individual by mail or electronically in
12 accordance with section 102(f) of such Act shall be treated
13 in the same manner as any other absentee ballot for pur14 poses of this section.
15‘‘(k) EFFECTIVE DATE.—This section shall apply

16 with respect to the regularly scheduled general election for
17 Federal office held in November 2020 and each succeeding
18 election for Federal office.
19‘‘SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM.

20‘‘(a) REQUIREMENT.—Each State shall carry out a

21 program to track and confirm the receipt of absentee bal22 lots in an election for Federal office under which the State
23 or local election official responsible for the receipt of voted
24 absentee ballots in the election carries out procedures to
25 track and confirm the receipt of such ballots, and makes

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661
1 information on the receipt of such ballots available to the
2 individual who cast the ballot, by means of online access
3 using the Internet site of the official’s office.
4‘‘(b) INFORMATIONON

WHETHER VOTE WAS

5 COUNTED.—The information referred to under subsection
6 (a) with respect to the receipt of an absentee ballot shall
7 include information regarding whether the vote cast on the
8 ballot was counted, and, in the case of a vote which was
9 not counted, the reasons therefor.
10‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY

11 OFFICIALS WITHOUT INTERNET SITE.—A program estab12 lished by a State or local election official whose office does
13 not have an Internet site may meet the requirements of
14 subsection (a) if the official has established a toll-free tele15 phone number that may be used by an individual who cast
16 an absentee ballot to obtain the information on the receipt
17 of the voted absentee ballot as provided under such sub18 section.
19‘‘(d) EFFECTIVE DATE.—This section shall apply

20 with respect to the regularly scheduled general election for
21 Federal office held in November 2020 and each succeeding
22 election for Federal office.
23‘‘SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS.

2425‘‘(a) STATEWIDE COUNTING OF PROVISIONAL BALLOTS.—

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1‘‘(1) IN GENERAL.—For purposes of section

2

302(a)(4), notwithstanding the precinct or polling3

place at which a provisional ballot is cast within the

4State, the appropriate election official shall count5

each vote on such ballot for each election in which6

the individual who cast such ballot is eligible to vote.

7‘‘(2) EFFECTIVE DATE.—This subsection shall8

apply with respect to the regularly scheduled general

9election for Federal office held in November 202010

and each succeeding election for Federal office.

11‘‘(b) UNIFORM AND NONDISCRIMINATORY STAND-

12

ARDS.—

13‘‘(1) IN

GENERAL.—Consistent

with the re-14

quirements of section 302, each State shall establish

15

uniform and nondiscriminatory standards for the16

issuance, handling, and counting of provisional bal-

17

lots.

18

‘‘(2) EFFECTIVE DATE.—This subsection shall19

apply with respect to the regularly scheduled general

20

election for Federal office held in November 202021

and each succeeding election for Federal office.

22‘‘SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN

23

MARIANA ISLANDS.

24‘‘In this subtitle, the term ‘State’ includes the Com-

25 monwealth of the Northern Mariana Islands.

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663
1‘‘SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING

2

ABILITY OF INDIVIDUALS TO VOTE.

3‘‘The requirements of this subtitle are minimum re-

4 quirements, and nothing in this subtitle may be construed
5 to prevent a State from establishing standards which pro6 mote the ability of individuals to vote in elections for Fed7 eral office, so long as such standards are not inconsistent
8 with the requirements of this subtitle or other Federal
9 laws.’’.
10(b)

CONFORMINGAMENDMENTRELATING

TO

11 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS12SISTANCE COMMISSION.—Section 311(b) of such Act (5213 U.S.C. 21101(b)) is amended—
14(1) by striking ‘‘and’’ at the end of paragraph

15

(2);

16

(2) by striking the period at the end of para-

17

graph (3) and inserting ‘‘; and’’; and18(3) by adding at the end the following new

19

paragraph:20‘‘(4) in the case of the recommendations with21

respect to subtitle C, June 30, 2020.’’.

22(c) ENFORCEMENT.—

23(1) COVERAGE

UNDER

EXISTING

ENFORCE-

24

MENT PROVISIONS.—Section

25

U.S.C. 21111) is amended by striking ‘‘and 303’’

26

and inserting ‘‘303, and subtitle C of title III’’.

401 of such Act (52

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664
1(2) AVAILABILITY OF PRIVATE RIGHT OF AC-

2

TION.—Title IV of such (52 U.S.C. 21111 et seq.)3

is amended by adding at the end the following new

4section:

5‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF

6CERTAIN REQUIREMENTS.

7‘‘(a) IN GENERAL.—In the case of a violation of sub-

8 title C of title III, section 402 shall not apply and any
9 person who is aggrieved by such violation may provide
10 written notice of the violation to the chief election official
11 of the State involved.
12‘‘(b) RELIEF.—If the violation is not corrected within

13 20 days after receipt of a notice under subsection (a), or
14 within 5 days after receipt of the notice if the violation
15 occurred within 120 days before the date of an election
16 for Federal office, the aggrieved person may, in a civil ac17 tion, obtain declaratory or injunctive relief with respect
18 to the violation.
19‘‘(c) SPECIAL RULE.—If the violation occurred within

20 5 days before the date of an election for Federal office,21 the aggrieved person need not provide notice to the chief
22 election official of the State involved under subsection (a)23 before bringing a civil action under subsection (b).’’.
24(d) CLERICAL AMENDMENT.—The table of contents

25 of such Act is amended—

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1(1) by adding at the end of the items relating2

to title III the following:‘‘Subtitle C—Other Requirements‘‘Sec. 321. Early voting.
‘‘Sec. 322. Promoting ability of voters to vote by mail.
‘‘Sec. 323. Absentee ballot tracking program.
‘‘Sec. 324. Rules for counting provisional ballots.
‘‘Sec. 325. Coverage of Commonwealth of Northern Mariana Islands.
‘‘Sec. 326. Minimum requirements for expanding ability of individuals to vote.’’;and3(2) by adding at the end of the items relating4

to title IV the following new item:‘‘Sec. 403. Private right of action for violations of certain requirements.’’.

5

SEC. 120004. POSTAGE-FREE ABSENTEE BALLOTS.

6(a) IN GENERAL.—Chapter 34 of title 39, United

7 States Code, is amended by adding after section 3406 the
8 following:
9 ‘‘§ 3407. Absentee ballots
10‘‘(a) Any absentee ballot for any election for Federal

11 office shall be carried expeditiously, with postage prepaid
12 by the State or unit of local government responsible for
13 the administration of the election.
14‘‘(b) As used in this section, the term ‘absentee ballot’

15 means any ballot transmitted by a voter by mail in an
16 election for Federal office, but does not include any ballot
17 covered by section 3406.’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML6661(b) CLERICAL AMENDMENT.—The table of sections

2 for chapter 34 of such title is amended by inserting after
3 the item relating to section 3406 the following:‘‘3407. Absentee ballots carried free of postage.’’.

4

SEC. 120005. REQUIRING TRANSMISSION OF BLANK ABSEN-

5

TEE BALLOTS UNDER UOCAVA TO CERTAIN

6

VOTERS.

7(a) IN GENERAL.—The Uniformed and Overseas

8 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.)
9 is amended by inserting after section 103B the following
10 new section:
11‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS

12TO CERTAIN OTHER VOTERS.

13‘‘(a) IN GENERAL.—

14‘‘(1) STATERESPONSIBILITIES.—Subject

to15

paragraph (2), each State shall transmit blank ab-

16sentee ballots by mail and electronically to qualified

17

individuals in the same manner and under the same18

terms and conditions under which the State trans-

19

mits such ballots to absent uniformed services voters20

and overseas voters under section 102(f).

21‘‘(2) REQUIREMENTS.—Any blank absentee bal-

22

lot transmitted to a qualified individual under this23

section—

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667
1‘‘(A) must comply with the language re-2quirements under section 203 of the Voting

3

Rights Act of 1965 (52 U.S.C. 10503); and4‘‘(B) must comply with the disability re-5quirements under section 508 of the Rehabilita-

6tion Act of 1973 (29 U.S.C. 794d).

7‘‘(3) AFFIRMATION.—The State may not trans-

8

mit a ballot to a qualified individual under this sec-

9tion unless the individual provides the State with a10

signed affirmation in electronic form that—

11‘‘(A) the individual is a qualified individual12(as defined in subsection (b));13‘‘(B) the individual has not and will not

14

cast another ballot with respect to the election;

15

and

16

‘‘(C)

acknowledges

that

a

material

17

misstatement of fact in completing the ballot

18

may constitute grounds for conviction of per-

19

jury.

20

‘‘(4) CLARIFICATION REGARDING FREE POST-

21

AGE.—An absentee ballot obtained by a qualified in-22

dividual under this section shall be considered bal-

23

loting materials as defined in section 107 for pur-24

poses of section 3406 of title 39, United States

25

Code.

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1‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL-2LOT FOR FAILURE TO MEET CERTAIN REQUIRE-

3MENTS.—A4

process any otherwise valid blank absentee ballot

5

which was transmitted to a qualified individual

6

under this section and used by the individual to vote7in the election solely on the basis of the following:

8‘‘(A) Notarization or witness signature re-9State shall not refuse to accept andquirements.

10‘‘(B) Restrictions on paper type, including

11

weight and size.

12‘‘(C) Restrictions on envelope type, includ-13

ing weight and size.

14‘‘(b) QUALIFIED INDIVIDUAL.—

15‘‘(1) IN GENERAL.—In this section, except as

16

provided in paragraph (2), the term ‘qualified indi-

17

vidual’ means any individual who is otherwise quali-

18

fied to vote in an election for Federal office and who

19meets any of the following requirements:

20‘‘(A) The individual—

21‘‘(i) has requested an absentee ballot

22

from the State or jurisdiction in which

23

such individual is registered to vote; and

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669
1‘‘(ii) has not received such absentee

2

ballot at least 2 days before the date of the

3election.

4‘‘(B) The individual—

5‘‘(i) resides in an area of a State with6

respect to which an emergency or public

7

health emergency has been declared by the8chief executive of the State or of the area

9

involved within 5 days of the date of the

10election under the laws of the State due to11reasons including a natural disaster, in-12cluding severe weather, or an infectious

13

disease; and14‘‘(ii) has not requested an absentee

15

ballot.

16‘‘(C) The individual expects to be absent

17from such individual’s jurisdiction on the date18of the election due to professional or volunteer

19

service in response to a natural disaster or

20

emergency as described in subparagraph (B).

21‘‘(D) The individual is hospitalized or ex-

22pects to be hospitalized on the date of the elec-

23

tion.

24

‘‘(E) The individual is an individual with a25

disability (as defined in section 3 of the Ameri-

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1cans with Disabilities Act of 1990 (42 U.S.C.

212102)) and resides in a State which does not3

offer voters the ability to use secure and acces-

4

sible remote ballot marking. For purposes of5this subparagraph, a State shall permit an indi-

6

vidual to self-certify that the individual is an in-

7

dividual with a disability.

8‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV-9ICES AND OVERSEAS VOTERS.—The term ‘qualified

10

individual’ shall not include an absent uniformed

11

services voter or an overseas voter.

12‘‘(c) STATE.—For purposes of this section, the term

13 ‘State’ includes the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, the
15 United States Virgin Islands, and the Commonwealth of
16 the Northern Mariana Islands.
17‘‘(d) EFFECTIVE DATE.—This section shall apply

18 with respect to the regularly scheduled general election for
19 Federal office held in November 2020 and each succeeding
20 election for Federal office.’’.
21(b) CONFORMING AMENDMENT.—Section 102(a) of

22 such Act (52 U.S.C. 20302(a)) is amended—23(1) by striking ‘‘and’’ at the end of paragraph

24

(10);

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1(2) by striking the period at the end of para-

2graph (11) and inserting ‘‘; and’’; and3(3) by adding at the end the following new

4paragraph:5‘‘(12) meet the requirements of section 103C

6

with respect to the provision of blank absentee bal-

7

lots for the use of qualified individuals described in

8such section.’’.

9(c) CLERICAL AMENDMENTS.—The table of contents

10 of such Act is amended by inserting the following after
11 section 103:‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots
of absent overseas uniformed services voters.
‘‘Sec. 103B. Federal voting assistance program improvements.
‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’.

12

SEC. 120006. VOTER REGISTRATION.

13(a) REQUIRING AVAILABILITY OF INTERNET FOR

14 VOTER REGISTRATION.—
15(1) REQUIRINGAVAILABILITYOF

INTERNET16

FOR REGISTRATION.—The National Voter Registra-

17

tion Act of 1993 (52 U.S.C. 20501 et seq.) is18

amended by inserting after section 6 the following

19

new section:

20‘‘SEC. 6A. INTERNET REGISTRATION.

21‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

22 ONLINE REGISTRATION.—

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1‘‘(1) AVAILABILITY OF ONLINE REGISTRATION

2AND CORRECTION OF EXISTING REGISTRATION IN-

3

FORMATION.—Each State, acting through the chief

4State election official, shall ensure that the following

5

services are available to the public at any time on

6

the official public websites of the appropriate State7and local election officials in the State, in the same8

manner and subject to the same terms and condi-

9

tions as the services provided by voter registration10

agencies under section 7(a):11‘‘(A) Online application for voter registra-

12

tion.

13

‘‘(B) Online assistance to applicants in ap-

14

plying to register to vote.

15‘‘(C) Online completion and submission by

16

applicants of the mail voter registration applica-

17

tion form prescribed by the Election Assistance18

Commission pursuant to section 9(a)(2), includ-19

ing assistance with providing a signature as re-20

quired under subsection (c).

21‘‘(D) Online receipt of completed voter reg-22

istration applications.

23‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.—

24 A State shall accept an online voter registration applica25 tion provided by an individual under this section, and en-

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1 sure that the individual is registered to vote in the State,
2 if—
3‘‘(1) the individual meets the same voter reg-4

istration requirements applicable to individuals who

5register to vote by mail in accordance with section

6

6(a)(1) using the mail voter registration application

7

form prescribed by the Election Assistance Commis-

8

sion pursuant to section 9(a)(2); and9‘‘(2) the individual meets the requirements of

10

subsection (c) to provide a signature in electronic

11

form (but only in the case of applications submitted

12

during or after the second year in which this section

13

is in effect in the State).

14‘‘(c) SIGNATURE REQUIREMENTS.—

15‘‘(1) IN GENERAL.—For purposes of this sec-

16

tion, an individual meets the requirements of this17

subsection as follows:

18‘‘(A) In the case of an individual who has

19

a signature on file with a State agency, includ-20

ing the State motor vehicle authority, that is21

required to provide voter registration services

22

under this Act or any other law, the individual

23

consents to the transfer of that electronic signa-

24

ture.

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1‘‘(B) If subparagraph (A) does not apply,2

the individual submits with the application an

3electronic copy of the individual’s handwritten

4

signature through electronic means.

5‘‘(C) If subparagraph (A) and subpara-

6graph (B) do not apply, the individual executes

7

a computerized mark in the signature field on

8an online voter registration application, in ac-

9cordance with reasonable security measures es-

10tablished by the State, but only if the State ac-

11

cepts such mark from the individual.

12‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

13

MEET REQUIREMENT.—If an individual is unable to14

meet the requirements of paragraph (1), the State

15

shall—

16‘‘(A) permit the individual to complete all17

other elements of the online voter registration

18

application;

19‘‘(B) permit the individual to provide a sig-

20

nature at the time the individual requests a bal-

21

lot in an election (whether the individual re-22

quests the ballot at a polling place or requests

23

the ballot by mail); and24‘‘(C) if the individual carries out the steps

25

described in subparagraph (A) and subpara-

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1graph (B), ensure that the individual is reg-2

istered to vote in the State.

3‘‘(3) NOTICE.—The State shall ensure that in-4

dividuals applying to register to vote online are noti-

5

fied of the requirements of paragraph (1) and of the6treatment of individuals unable to meet such re-7quirements, as described in paragraph (2).

8‘‘(d) CONFIRMATION AND DISPOSITION.—

9‘‘(1) CONFIRMATION OF RECEIPT.—Upon the10

online submission of a completed voter registration

11

application by an individual under this section, the12appropriate State or local election official shall send13

the individual a notice confirming the State’s receipt

14of the application and providing instructions on how

15

the individual may check the status of the applica-

16

tion.

17

‘‘(2) NOTICE OF DISPOSITION.—Not later than18

7 days after the appropriate State or local election

19

official has approved or rejected an application sub-20

mitted by an individual under this section, the offi-

21

cial shall send the individual a notice of the disposi-

22tion of the application.

23‘‘(3) METHOD OF NOTIFICATION.—The appro-

24

priate State or local election official shall send the25

notices required under this subsection by regular

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676
1

mail, and, in the case of an individual who has pro-2

vided the official with an electronic mail address, by3

both electronic mail and regular mail.

4‘‘(e) PROVISIONOFSERVICESINNONPARTISAN

5 MANNER.—The services made available under subsection
6 (a) shall be provided in a manner that ensures that, con7 sistent with section 7(a)(5)—8‘‘(1) the online application does not seek to in-9

fluence an applicant’s political preference or party

10

registration; and11‘‘(2) there is no display on the website pro-12

moting any political preference or party allegiance,

13

except that nothing in this paragraph may be con-14

strued to prohibit an applicant from registering to

15

vote as a member of a political party.

16‘‘(f) PROTECTION OF SECURITY OF INFORMATION.—

17 In meeting the requirements of this section, the State shall
18 establish appropriate technological security measures to
19 prevent to the greatest extent practicable any unauthor20 ized access to information provided by individuals using
21 the services made available under subsection (a).
22‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en-

23 sure that the services made available under this section
24 are made available to individuals with disabilities to the

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1 same extent as services are made available to all other in2 dividuals.
3‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS-

4

TEM.—A State shall make the services made available on-

5 line under subsection (a) available through the use of an
6 automated telephone-based system, subject to the same
7 terms and conditions applicable under this section to the
8 services made available online, in addition to making the
9 services available online in accordance with the require10 ments of this section.
11‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT-12ERS USING MAIL AND ONLINE REGISTRATION.—In car-13 rying out this Act, the Help America Vote Act of 2002,
14 or any other Federal, State, or local law governing the
15 treatment of registered voters in the State or the adminis16 tration of elections for public office in the State, a State17 shall treat a registered voter who registered to vote online
18 in accordance with this section in the same manner as the
19 State treats a registered voter who registered to vote by
20 mail.’’.
21(2) SPECIAL REQUIREMENTS FOR INDIVIDUALS

22USING ONLINE REGISTRATION.—

23(A) TREATMENTASINDIVIDUALS

REG-

24

ISTERING TO VOTE BY MAIL FOR PURPOSES OF

25

FIRST-TIME VOTER IDENTIFICATION REQUIRE-

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678
1

MENTS.—Section

2

America

321083(b)(1)(A)) is amended by striking ‘‘by4

mail’’ and inserting ‘‘by mail or online under5

section 6A of the National Voter Registration

6

Act of 1993’’.

7

Vote

303(b)(1)(A) of the Help
Act(B) REQUIRING

of

2002

(52

U.S.C.

SIGNATURE FOR FIRST-

8

TIME

9

303(b) of such Act (52 U.S.C. 21083(b)) is10

amended—

VOTERS

11

JURISDICTION.—SectionIN(i) by redesignating paragraph (5) as

12paragraph (6); and13(ii) by inserting after paragraph (4)14the following new paragraph:15‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST-

16

TIME VOTERS USING ONLINE REGISTRATION.—

17‘‘(A) IN GENERAL.—A State shall, in a18

uniform and nondiscriminatory manner, require

19

an individual to meet the requirements of sub-20

paragraph (B) if—

21‘‘(i) the individual registered to vote22in the State online under section 6A of the23

National Voter Registration Act of 1993;

24

and

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679
1‘‘(ii) the individual has not previously

2

voted in an election for Federal office in3

the State.

4

‘‘(B)

REQUIREMENTS.—An

individual

5

meets the requirements of this subparagraph

6

if—

7

‘‘(i) in the case of an individual who

8

votes in person, the individual provides the9appropriate State or local election official

10with a handwritten signature; or11‘‘(ii) in the case of an individual who

12

votes by mail, the individual submits with13

the ballot a handwritten signature.

14

‘‘(C)

INAPPLICABILITY.—Subparagraph

15(A) does not apply in the case of an individual

16

who is—17‘‘(i) entitled to vote by absentee ballot

18

under the Uniformed and Overseas Citi-

19zens Absentee Voting Act (52 U.S.C.

20

20302 et seq.);21‘‘(ii) provided the right to vote other-

22

wise

23

3(b)(2)(B)(ii) of the Voting Accessibility

24

for the Elderly and Handicapped Act (5225

U.S.C. 20102(b)(2)(B)(ii)); or

than

in

personunder

section

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1‘‘(iii) entitled to vote otherwise than2

in person under any other Federal law.’’.

3(C) CONFORMING AMENDMENT RELATING

4TO EFFECTIVE DATE.—Section 303(d)(2)(A) of

5such Act (52 U.S.C. 21083(d)(2)(A)) is amend-

6

ed by striking ‘‘Each State’’ and inserting ‘‘Ex-

7

cept as provided in subsection (b)(5), each8State’’.

9(3) CONFORMING AMENDMENTS.—

10(A) TIMINGOF REGISTRATION.—Section

11

8(a)(1) of the National Voter Registration Act

12

of 1993 (52 U.S.C. 20507(a)(1)) is amended—13(i) by striking ‘‘and’’ at the end of

14

subparagraph (C);15(ii) by redesignating subparagraph

16(D) as subparagraph (E); and17(iii) by inserting after subparagraph

18(C) the following new subparagraph:19‘‘(D) in the case of online registration

20

through the official public website of an election

21

official under section 6A, if the valid voter reg-22

istration application is submitted online not23

later than the lesser of 28 days, or the period

24

provided by State law, before the date of the25

election (as determined by treating the date on

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681
1which the application is sent electronically as2

the date on which it is submitted); and’’.

3(B) INFORMINGAPPLICANTSOFELIGI-

4

BILITY REQUIREMENTS AND PENALTIES.—Sec-

5

tion

6

20507(a)(5)) is amended by striking ‘‘and 7’’7

and inserting ‘‘6A, and 7’’.

8(b) SAME DAY REGISTRATION.—

8(a)(5)

of

such

Act

(52

U.S.C.

9(1) IN GENERAL.—Subtitle C of title III of the10

Help America Vote Act of 2002, as added by section

113(a), is amended—

12(A) by redesignating sections 325 and 326

13

as sections 326 and 327; and

14(B) by inserting after section 324 the fol-

15
16

lowing new section:‘‘SEC. 325. SAME DAY REGISTRATION.

17‘‘(a) IN GENERAL.—

18‘‘(1) REGISTRATION.—Each State shall permit

19

any eligible individual on the day of a Federal elec-

20

tion and on any day when voting, including early21

voting, is permitted for a Federal election—

22‘‘(A) to register to vote in such election at23

the polling place using a form that meets the24

requirements under section 9(b) of the National

25

Voter Registration Act of 1993 (or, if the indi-

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1vidual is already registered to vote, to revise2

any of the individual’s voter registration infor-

3

mation); and4‘‘(B) to cast a vote in such election.

5‘‘(2) EXCEPTION.—The requirements under6

paragraph (1) shall not apply to a State in which,

7

under a State law in effect continuously on and after8

the date of the enactment of this section, there is no9

voter registration requirement for individuals in the

10State with respect to elections for Federal office.

11‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this

12 section, the term ‘eligible individual’ means, with respect
13 to any election for Federal office, an individual who is oth14 erwise qualified to vote in that election.
15‘‘(c) EFFECTIVE DATE.—Each State shall be re-16 quired to comply with the requirements of subsection (a)17 for the regularly scheduled general election for Federal of18 fice occurring in November 2020 and for any subsequent
19 election for Federal office.’’.
20(2) CLERICAL AMENDMENT.—The table of con-21

tents of such Act, as amended by section 3, is22amended—

23(A) by redesignating the items relating to24sections 325 and 326 as relating to sections

25

326 and 327; and

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1(B) by inserting after the item relating to2section 324 the following new item:‘‘Sec. 325. Same day registration.’’.

3(c) PROHIBITING STATE FROM REQUIRING APPLI-

4CANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SO-

5

CIAL SECURITY NUMBER.—

6(1) FORM INCLUDED WITH APPLICATION FOR

7

MOTOR

8

5(c)(2)(B)(ii) of the National Voter Registration Act

9

of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended

10

by striking the semicolon at the end and inserting11

the following: ‘‘, and to the extent that the applica-

12tion requires the applicant to provide a Social Secu-

13

rity number, may not require the applicant to pro-14

vide more than the last 4 digits of such number;’’.

15

VEHICLE(2) NATIONAL

DRIVER’S

MAIL

LICENSE.—Section

VOTER

REGISTRATION

16

FORM.—Section

1720508(b)(1)) is amended by striking the semicolon18

at the end and inserting the following: ‘‘, and to the19extent that the form requires the applicant to pro-20

vide a Social Security number, the form may not re-21

quire the applicant to provide more than the last 4

22

digits of such number;’’.

9(b)(1) of such Act (52 U.S.C.

23(3) EFFECTIVE DATE.—The amendments made24

by this subsection shall apply with respect to the25

regularly scheduled general election for Federal of-

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684
1

fice held in November 2020 and each succeeding

2

election for Federal office.

3

SEC. 120007. ACCOMMODATIONS FOR VOTERS RESIDING IN

4

INDIAN LANDS.

5(a) ACCOMMODATIONS DESCRIBED.—

6(1) DESIGNATION OF BALLOT PICKUP AND COL-

7LECTION LOCATIONS.—Given the widespread lack of

8

residential mail delivery in Indian Country, an In-

9dian Tribe may designate buildings as ballot pickup10

and collection locations with respect to an election

11

for Federal office at no cost to the Indian Tribe. An

12Indian Tribe may designate one building per pre-13

cinct located within Indian lands. The applicable

14State or political subdivision shall collect ballots

15

from those locations. The applicable State or polit-

16

ical subdivision shall provide the Indian Tribe with17

accurate precinct maps for all precincts located with-18

in Indian lands 60 days before the election.

19(2) PROVISIONOF

MAIL-INAND

ABSENTEE

20

BALLOTS.—The21

provide mail-in and absentee ballots with respect to22

an election for Federal office to each individual who

23

is registered to vote in the election who resides on

24

Indian lands in the State or political subdivision in-State or political subdivision shall

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685
1

volved without requiring a residential address or a2

mail-in or absentee ballot request.

3(3) USE OF DESIGNATED BUILDING AS RESI-

4

DENTIAL AND MAILING ADDRESS.—The address of a5

designated building that is a ballot pickup and col-6

lection location with respect to an election for Fed-7eral office may serve as the residential address and8

mailing address for voters living on Indian lands if

9

the tribally designated building is in the same pre-10

cinct as that voter. If there is no tribally designated11

building within a voter’s precinct, the voter may use

12another tribally designated building within the In-

13dian lands where the voter is located. Voters using

14

a tribally designated building outside of the voter’s

15

precinct may use the tribally designated building as

16

a mailing address and may separately designate the17

voter’s appropriate precinct through a description of

18

the

19

9428.4(a)(2) of title 11, Code of Federal Regula-

20

tions.

voter’saddress,asspecifiedinsection21(4) LANGUAGE ACCESSIBILITY.—In the case of

22

a State or political subdivision that is a covered

23

State or political subdivision under section 203 of

24

the Voting Rights Act of 1965 (52 U.S.C. 10503),

25

that State or political subdivision shall provide ab-

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1sentee or mail-in voting materials with respect to an

2election for Federal office in the language of the ap-

3

plicable minority group as well as in the English lan-

4

guage, bilingual election voting assistance, and writ-5

ten translations of all voting materials in the lan-

6

guage of the applicable minority group, as required7

by section 203 of the Voting Rights Act of 1965 (528

U.S.C. 10503), as amended by subsection (b).

9(5) CLARIFICATION.—Nothing in this section

10

alters the ability of an individual voter residing on

11

Indian lands to request a ballot in a manner avail-12

able to all other voters in the State.

13(6) DEFINITIONS.—In this section:

14(A) INDIAN.—The term ‘‘Indian’’ has the15

meaning given the term in section 4 of the In-

16dian Self-Determination and Education Assist-17

ance Act (25 U.S.C. 5304).

18(B) INDIAN

19

lands’’ includes—

LANDS.—Theterm ‘‘Indian

20(i) any Indian country of an Indian

21

Tribe, as defined under section 1151 of

22

title 18, United States Code;23(ii) any land in Alaska owned, pursu-

24

ant to the Alaska Native Claims Settle-

25

ment Act (43 U.S.C. 1601 et seq.), by an

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687
1

Indian Tribe that is a Native village (as2defined in section 3 of that Act (43 U.S.C.

31602)) or by a Village Corporation that is

4

associated with an Indian Tribe (as de-5

fined in section 3 of that Act (43 U.S.C.

61602));

7(iii) any land on which the seat of the8

Tribal Government is located; and9(iv) any land that is part or all of a

10

Tribal designated statistical area associ-11

ated with an Indian Tribe, or is part or all

12of an Alaska Native village statistical area

13

associated with an Indian Tribe, as defined14by the Census Bureau for the purposes of15

the most recent decennial census.

16(C) INDIAN

TRIBE.—Theterm ‘‘Indian

17

Tribe’’ has the meaning given the term ‘‘Indian18

tribe’’ in section 4 of the Indian Self-Deter-

19

mination and Education Assistance Act (2520

U.S.C. 5304).

21(D) TRIBAL

GOVERNMENT.—The

term

22

‘‘Tribal Government’’ means the recognized

23

governing body of an Indian Tribe.

24(7) ENFORCEMENT.—

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688
1(A) ATTORNEY GENERAL.—The Attorney

2

General may bring a civil action in an appro-3

priate district court for such declaratory or in-

4junctive relief as is necessary to carry out this5subsection.

6(B) PRIVATE RIGHT OF ACTION.—

7(i) A person or Tribal Government8

who is aggrieved by a violation of this sub-9

section may provide written notice of the10

violation to the chief election official of the

11State involved.

12(ii) An aggrieved person or Tribal

13

Government may bring a civil action in an

14

appropriate district court for declaratory

15

or injunctive relief with respect to a viola-

16

tion of this subsection, if—

17(I) that person or Tribal Govern-

18

ment provides the notice described in

19clause (i); and20(II)(aa) in the case of a violation

21

that occurs more than 120 days be-

22

fore the date of an election for Fed-23

eral office, the violation remains and24

90 days or more have passed since the25date on which the chief election offi-

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689
1cial of the State receives the notice2

under clause (i); or3(bb) in the case of a violation

4

that occurs 120 days or less before

5

the date of an election for Federal of-6

fice, the violation remains and 20

7days or more have passed since the8date on which the chief election offi-

9cial of the State receives the notice10

under clause (i).

11

(iii) In the case of a violation of this12

section that occurs 30 days or less before

13

the date of an election for Federal office,14

an aggrieved person or Tribal Government

15

may bring a civil action in an appropriate

16

district court for declaratory or injunctive

17

relief with respect to the violation without

18

providing notice to the chief election offi-

19

cial of the State under clause (i).

20(b) BILINGUAL ELECTION REQUIREMENTS.—Section

21 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503)
22 is amended—23(1) in subsection (b)(3)(C), by striking ‘‘1990’’

24

and inserting ‘‘2010’’; and

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1(2) by striking subsection (c) and inserting the2following:

3‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN-

4GUAGE OF A MINORITY GROUP.—

5‘‘(1) IN GENERAL.—Whenever any State or po-

6

litical subdivision subject to the prohibition of sub-7

section (b) of this section provides any registration

8

or voting notices, forms, instructions, assistance, or

9other materials or information relating to the elec-

10

toral process, including ballots, it shall provide them11in the language of the applicable minority group as

12well as in the English language.

13‘‘(2) EXCEPTIONS.—

14‘‘(A) IN GENERAL.—

15‘‘(i) In the case of a minority group

16

that is not American Indian or Alaska Na-

17

tive and the language of that minority

18

group is oral or unwritten, the State or po-

19

litical subdivision shall only be required to20

furnish, in the covered language, oral in-21

structions, assistance, translation of voting

22

materials, or other information relating to23

registration and voting.

24‘‘(ii) In the case of a minority group25

that is American Indian or Alaska Native,

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691
1

the State or political subdivision shall only2

be required to furnish in the covered lan-

3

guage oral instructions, assistance, or4other information relating to registration5and voting, including all voting materials,

6

if the Tribal Government of that minority

7group has certified that the language of8

the applicable American Indian or Alaska

9

Native language is presently unwritten or

10

the Tribal Government does not want writ-11

ten translations in the minority language.

12‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

13

WORKERS.—Notwithstanding

14

State or political division may be required to provide

15

written translations of voting materials, with the16consent of any applicable Indian Tribe, to election

17

workers to ensure that the translations from English

18

to the language of a minority group are complete,19

accurate, and uniform.’’.

20(c) EFFECTIVE DATE.—This section and the amend-

paragraph (2), the21 ments made by this section shall apply with respect to the
22 regularly scheduled general election for Federal office held
23 in November 2020 and each succeeding election for Fed24 eral office.

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692
1

SEC. 120008. PAYMENTS BY ELECTION ASSISTANCE COM-2MISSION TO STATES TO ASSIST WITH COSTS

3OF COMPLIANCE.

4(a) AVAILABILITY OF GRANTS.—Subtitle D of title

5 II of the Help America Vote Act of 2002 (52 U.S.C.
6 21001 et seq.) is amended by adding at the end the fol7 lowing new part:
8‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF

9COMPLIANCE WITH ACCESS ACT

10‘‘SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLI-

11

ANCE WITH ACCESS ACT.

12‘‘(a) AVAILABILITY AND USE OF PAYMENTS.—

13‘‘(1) IN

GENERAL.—The

Commission shall14

make a payment to each eligible State to assist the15

State with the costs of complying with the American

16

Coronavirus/COVID–19 Election Safety and Secu-

17

rity Act and the amendments made by such Act, in-18

cluding the provisions of such Act and such amend-

19

ments which require States to pre-pay the postage

20

on absentee ballots and balloting materials.

21‘‘(2) PUBLICEDUCATIONCAMPAIGNS.—For22

purposes of this part, the costs incurred by a State23

in carrying out a campaign to educate the public

24

about

25

Coronavirus/COVID–19 Election Safety and Secu-

26

rity Act and the amendments made by such Act

therequirements

of

the

American

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693
1

shall be included as the costs of complying with such2

Act and such amendments.

3‘‘(b) PRIMARY ELECTIONS.—

4‘‘(1) PAYMENTS TO STATES.—In addition to5

any payments under subsection (a), the Commission

6

shall make a payment to each eligible State to assist

7

the State with the costs incurred in voluntarily elect-

8

ing to comply with the American Coronavirus/

9

COVID–19 Election Safety and Security Act and10

the amendments made by such Act with respect to

11

primary elections for Federal office held in the State12

in 2020.

13

‘‘(2)

STATE

POLITICALPARTY-RUN

PRI-

14

MARIES.—In addition to any payments under para-

15

graph (1), in the case of a State voluntarily electing

16

to comply with the American Coronavirus/COVID–

17

19 Election Safety and Security Act and the amend-

18

ments made by such Act with respect to primary

19

elections for Federal office held in the State in

20

2020, the Commission shall make a payment to each21

eligible political party of the State for the costs in-22curred by the party in transmitting absentee ballots

23

and balloting materials with respect to such elections

24(including the costs relating to pre-paying the post-

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1

age on the return envelopes for such ballots and ma-

2terials).

3‘‘(c) PASS-THROUGH OF FUNDS TO LOCAL JURISDIC-

4

TIONS.—

5‘‘(1) IN GENERAL.—If a State receives a pay-

6

ment under this part for costs that include costs in-7

curred by a local jurisdiction or Tribal government

8

within the State, the State shall pass through to

9such local jurisdiction or Tribal government a por-10tion of such payment that is equal to the amount of11

the costs incurred by such local jurisdiction or Trib-

12

al government.

13‘‘(2) TRIBAL GOVERNMENT DEFINED.—In this14

subsection, the term ‘Tribal Government’ means the15

recognized governing body of an Indian tribe (as de-16

fined in section 4 of the Indian Self-Determination

17and Education Assistance Act (25 U.S.C. 5304).

18‘‘(d) SCHEDULE OF PAYMENTS.—As soon as prac-

19 ticable after the date of the enactment of this part and
20 not less frequently than once each calendar year there21 after, the Commission shall make payments under this22 part.
23‘‘(e) COVERAGE OF COMMONWEALTH OF NORTHERN

24 MARIANA ISLANDS.—In this part, the term ‘State’ in-

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695
1 cludes the Commonwealth of the Northern Mariana Is2 lands.
3‘‘(f) LIMITATION.—No funds may be provided to a

4 State under this part for costs attributable to the elec5 tronic return of marked ballots by any voter.
6‘‘SEC. 297A. AMOUNT OF PAYMENT.

7‘‘(a) IN GENERAL.—Except as provided in section

8 297C, the amount of a payment made to an eligible State
9 for a year under this part shall be determined by the Com10 mission.
11‘‘(b) CONTINUING AVAILABILITY OF FUNDS AFTER

12 APPROPRIATION.—A payment made to an eligible State
13 or eligible unit of local government under this part shall
14 be available without fiscal year limitation.
15‘‘SEC. 297B. REQUIREMENTS FOR ELIGIBILITY.

16‘‘(a) APPLICATION.—Except as provided in section

17 297C, each State that desires to receive a payment under
18 this part for a fiscal year, and each political party of a
19 State that desires to receive a payment under section
20 297(b)(2), shall submit an application for the payment to
21 the Commission at such time and in such manner and con22 taining such information as the Commission shall require.
23‘‘(b) CONTENTS OF APPLICATION.—Each application

24 submitted under subsection (a) shall—

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6961‘‘(1) describe the activities for which assistance2

under this part is sought; and3‘‘(2) provide such additional information and4certifications as the Commission determines to be es-

5sential to ensure compliance with the requirements

6of this part.

7‘‘SEC. 297C. SPECIAL RULES FOR PAYMENTS FOR ELEC-8TIONS SUBJECT TO EMERGENCY RULES.

9‘‘(a) SUBMISSION OF ESTIMATED COSTS.—If the spe-

10 cial rules in the case of an emergency period under section
11 322(c)(3) apply to an election, not later than the applica12 ble deadline under subsection (c), the State shall submit
13 to the Commission a request for a payment under this14 part, and shall include in the request the State’s estimate
15 of the costs the State expects to incur in the administra16 tion of the election which are attributable to the applica17 tion of such special rules to the election.
18‘‘(b) PAYMENT.—Not later than 7 days after receiv-

19 ing a request from the State under subsection (a), the20 Commission shall make a payment to the State in an
21 amount equal to the estimate provided by the State in the
22 request.
23‘‘(c) APPLICABLE DEADLINE.—The applicable dead-24 line under this paragraph with respect to an election is—

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1‘‘(1) with respect to the regularly scheduled2

general election for Federal office held in November

3

2020, 15 days after the date of the enactment of

4

this part; and5‘‘(2) with respect to any other election, 15 days

6

after the emergency or disaster described in section

7322(c)(3) is declared.

8‘‘SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.

9‘‘There are authorized to be appropriated for pay-

10 ments under this part—
11‘‘(1) in the case of payments made under sec-

12

tion 297C, such sums as may be necessary for fiscal

13

year 2020 and each succeeding fiscal year; and

14‘‘(2) in the case of any other payments, such

15
16

sums as may be necessary for fiscal year 2020.
‘‘SEC. 297E. REPORTS.

17‘‘(a) REPORTS BY RECIPIENTS.—Not later than 6

18 months after the end of each fiscal year for which an eligi19 ble State received a payment under this part, the State20 shall submit a report to the Commission on the activities
21 conducted with the funds provided during the year.
22‘‘(b) REPORTS BY COMMISSION TO COMMITTEES.—

23 With respect to each fiscal year for which the Commission
24 makes payments under this part, the Commission shall
25 submit a report on the activities carried out under this

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698
1 part to the Committee on House Administration of the
2 House of Representatives and the Committee on Rules
3 and Administration of the Senate.’’.
4(b) CLERICAL AMENDMENT.—The table of contents

5 of such Act is amended by adding at the end of the items
6 relating to subtitle D of title II the following:‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITHACCESS ACT‘‘Sec. 297. Payments to assist with costs of compliance with Access Act.
‘‘Sec. 297A. Amount of payment.
‘‘Sec. 297B. Requirements for eligibility.
‘‘Sec. 297C. Authorization of appropriations.
‘‘Sec. 297D. Reports.’’.

7

SEC. 120009. GRANTS TO STATES FOR CONDUCTING RISK-8LIMITING AUDITS OF RESULTS OF ELEC-9TIONS.

10(a) AVAILABILITY OF GRANTS.—Subtitle D of title

11 II of the Help America Vote Act of 2002 (52 U.S.C.
12 21001 et seq.), as amended by section 8(a), is further
13 amended by adding at the end the following new part:
14‘‘PART 8—GRANTS FOR CONDUCTING RISK-

15

LIMITING AUDITS OF RESULTS OF ELECTIONS

16‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AU-

17

DITS OF RESULTS OF ELECTIONS.

18‘‘(a) AVAILABILITY OF GRANTS.—The Commission

19 shall make a grant to each eligible State to conduct risk20 limiting audits as described in subsection (b) with respect
21 to the regularly scheduled general elections for Federal of-

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699
1 fice held in November 2020 and each succeeding election
2 for Federal office.
3‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this

4 part, a ‘risk-limiting audit’ is a post-election process—5‘‘(1) which is conducted in accordance with6

rules and procedures established by the chief State

7

election official of the State which meet the require-8

ments of subsection (c); and9‘‘(2) under which, if the reported outcome of10

the election is incorrect, there is at least a predeter-

11

mined percentage chance that the audit will replace12

the incorrect outcome with the correct outcome as

13

determined by a full, hand-to-eye tabulation of all

14

votes validly cast in that election that ascertains

15

voter intent manually and directly from voter-16

verifiable paper records.

17‘‘(c) REQUIREMENTS

18

FOR

RULES

AND

PROCE-DURES.—The rules and procedures established for con-19 ducting a risk-limiting audit shall include the following
20 elements:
21‘‘(1) Rules for ensuring the security of ballots

22

and documenting that prescribed procedures were23

followed.

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7001‘‘(2) Rules and procedures for ensuring the ac-2

curacy of ballot manifests produced by election agen-

3

cies.

4

‘‘(3) Rules and procedures for governing the5format of ballot manifests, cast vote records, and6other data involved in the audit.

7‘‘(4) Methods to ensure that any cast vote8

records used in the audit are those used by the vot-9

ing system to tally the election results sent to the10

chief State election official and made public.

11‘‘(5) Procedures for the random selection of

12ballots to be inspected manually during each audit.

13‘‘(6) Rules for the calculations and other meth-14

ods to be used in the audit and to determine wheth-15

er and when the audit of an election is complete.

16‘‘(7) Procedures and requirements for testing17

any software used to conduct risk-limiting audits.

18‘‘(d) DEFINITIONS.—In this part, the following defi-

19 nitions apply:
20‘‘(1) The term ‘ballot manifest’ means a record

21

maintained by each election agency that meets each

22of the following requirements:

23‘‘(A) The record is created without reliance24

on any part of the voting system used to tab-25

ulate votes.

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701
1‘‘(B) The record functions as a sampling2

frame for conducting a risk-limiting audit.

3‘‘(C) The record contains the following in-4

formation with respect to the ballots cast and5

counted in the election:6‘‘(i) The total number of ballots cast7

and counted by the agency (including

8

undervotes, overvotes, and other invalid

9

votes).

10‘‘(ii) The total number of ballots cast11

in each election administered by the agency

12(including undervotes, overvotes, and other13

invalid votes).

14‘‘(iii) A precise description of the15manner in which the ballots are physically16

stored, including the total number of phys-

17

ical groups of ballots, the numbering sys-

18

tem for each group, a unique label for each19

group, and the number of ballots in each

20

such group.

21‘‘(2) The term ‘incorrect outcome’ means an

22outcome that differs from the outcome that would be

23

determined by a full tabulation of all votes validly

24

cast in the election, determining voter intent manu-

25

ally, directly from voter-verifiable paper records.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7021‘‘(3) The term ‘outcome’ means the winner of2

an election, whether a candidate or a position.

3‘‘(4) The term ‘reported outcome’ means the4outcome of an election which is determined accord-

5

ing to the canvass and which will become the official,

6certified outcome unless it is revised by an audit, re-7

count, or other legal process.

8‘‘SEC. 298A. ELIGIBILITY OF STATES.

9‘‘A State is eligible to receive a grant under this part

10 if the State submits to the Commission, at such time and
11 in such form as the Commission may require, an applica12 tion containing—
13‘‘(1) a certification that, not later than 5 years

14

after receiving the grant, the State will conduct risk-

15

limiting audits of the results of elections for Federal

16

office held in the State as described in section 298;17‘‘(2) a certification that, not later than one year

18

after the date of the enactment of this section, the19chief State election official of the State has estab-

20

lished or will establish the rules and procedures for

21

conducting the audits which meet the requirements

22of section 298(c);23‘‘(3) a certification that the audit shall be com-24

pleted not later than the date on which the State25

certifies the results of the election;

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7031‘‘(4) a certification that, after completing the2

audit, the State shall publish a report on the results

3of the audit, together with such information as nec-

4

essary to confirm that the audit was conducted prop-

5

erly;

6

‘‘(5) a certification that, if a risk-limiting audit

7

conducted under this part leads to a full manual

8tally of an election, State law requires that the State9or election agency shall use the results of the full10

manual tally as the official results of the election;

11

and

12

‘‘(6) such other information and assurances as

13
14

the Commission may require.
‘‘SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.

15‘‘There are authorized to be appropriated for grants

16 under this part $20,000,000 for fiscal year 2020, to re17 main available until expended.’’.
18(b) CLERICAL AMENDMENT.—The table of contents

19 of such Act, as amended by section 8(b), is further amend20 ed by adding at the end of the items relating to subtitle
21 D of title II the following:‘‘PART 8—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS
OF ELECTIONS‘‘Sec. 298. Grants for conducting risk-limiting audits of results of elections.
‘‘Sec. 298A. Eligibility of States.
‘‘Sec. 298B. Authorization of appropriations.

22(c) GAO ANALYSIS OF EFFECTS OF AUDITS.—

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704
1(1) ANALYSIS.—Not later than 6 months after2

the first election for Federal office is held after3

grants are first awarded to States for conducting

4risk-limiting audits under part 8 of subtitle D of5

title II of the Help America Vote Act of 2002 (as6added by subsection (a)) for conducting risk-limiting

7

audits of elections for Federal office, the Comp-8

troller General of the United States shall conduct an

9analysis of the extent to which such audits have im-

10

proved the administration of such elections and the11

security of election infrastructure in the States re-12

ceiving such grants.

13(2) REPORT.—The Comptroller General of the

14

United States shall submit a report on the analysis

15

conducted under subsection (a) to the appropriate

16

congressional committees.

17

SEC.

120010.

ADDITIONALAPPROPRIATIONS

FOR

THE

18

ELECTION ASSISTANCE COMMISSION.

19(a) IN GENERAL.—In addition to any funds other-

20 wise appropriated to the Election Assistance Commission
21 for fiscal year 2020, there is authorized to be appropriated
22 $3,000,000 for fiscal year 2020 in order for the Commis23 sion to provide additional assistance and resources to
24 States for improving the administration of elections.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7051(b) AVAILABILITYOF

FUNDS.—Amounts appro-

2 priated pursuant to the authorization under this sub3 section shall remain available without fiscal year limita4 tion.

6

DIVISION M—OVERSIGHT AND
ACCOUNTABILITY

7

SEC. 130001. CORONAVIRUS ACCOUNTABILITY AND TRANS-

5

8

PARENCY COMMITTEE.

910(a) ESTABLISHMENT

OF THE

CORONAVIRUS AC-

COUNTABILITY AND TRANSPARENCY COMMITTEE.—There

11 is established the Coronavirus Accountability and Trans12 parency Committee within the Council of the Inspectors
13 General on Integrity and Efficiency to coordinate and sup14 port Inspectors General in conducting oversight of covered
15 funds to detect and prevent fraud, waste, and abuse.
16(b) COMPOSITION OF COMMITTEE.—

17(1) CHAIRPERSON.—The Chairperson of the18

Committee shall be an Inspector General, identified

19

in paragraph (2)(A) with experience managing over-20

sight of large organizations and expenditures and21

shall be selected by the Chair of the Council of the22

Inspectors General on Integrity and Efficiency.

23(2) MEMBERS.—The members of the Com-24

mittee shall include—

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706
1(A) the Inspectors General of the Depart-

2

ments

3

Health and Human Services, Homeland Secu-

4rity, Labor, Transportation, Treasury, Treasury

5

Inspector General for Tax Administration, Vet-

6erans Affairs, and the Small Business Adminis-

7

tration; andofCommerce,

Defense,

Education,

8(B) any other Inspector General as des-9

ignated by the Chair of the Council of the In-

10spectors General on Integrity and Efficiency.

11(c) FUNCTIONS OF THE COMMITTEE.—

12(1) FUNCTIONS.—

13(A) IN GENERAL.—The Committee shall14

coordinate and assist Inspectors General in the15

oversight of covered funds and the response of16

the Executive Branch to the Coronavirus Pan-17

demic in order to prevent fraud, waste, and18

abuse.

19(B) SPECIFIC FUNCTIONS.—The functions

20of the Committee shall include—

21(i) developing a strategic plan to en-22

sure Inspectors General effectively and ef-

23

ficiently conduct comprehensive oversight24

over all aspects of the covered funds and

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1

the response by the Executive Branch to2

the Coronavirus;

3(ii) serving as a liaison to the Director

4of the Office of Management and Budget,5

Secretary of the Treasury, and other offi-

6

cials responsible for implementing this Act;

7(iii) supporting audits and investiga-

8

tions of covered funds to determine wheth-9

er wasteful spending, poor contract or

10

grant management, or other abuses are oc-

11curring and referring matters the Com-12

mittee considers appropriate for audit or13

investigation to the Inspector General for14

the agency that disbursed the covered

15

funds or more than one Inspector General,16

as appropriate;

17(iv) supporting reviews of contracts,

18

grants, and other assistance that use using

19

covered funds or that are otherwise related20

to Coronavirus by assessing whether—21(I) the contracts, grants, and

22

other

23

standards;

assistancemeetapplicable24(II) the contracts, grants, and25

other assistance adequately specify the

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purpose of the contract, grant, or2other assistance, as well as applicable3

measures of performance; and4(III) there are sufficient qualified

5acquisition and grant personnel over-6

seeing the use of covered funds; and7(v) reviewing whether there are appro-

8

priate mechanisms for interagency collabo-

9

ration relating to covered funds, including

10

coordinating and collaborating to the ex-

11tent practicable with State and local gov-

12

ernment entities.

13(2) REPORTS.—

14(A) REPORTS.—The Committee shall sub-15

mit to the President and Congress, including

16

the appropriate congressional committees, time-17

ly alerts on current or potential management18

and funding problems that require immediate

19

attention. The Committee also shall submit to20

Congress such other reports as the Committee

21

considers appropriate on the use and benefits of22

covered funds and the response of the Executive

23

Branch to the Coronavirus.

24(B) BIANNUAL REPORTS.—The Committee

25

shall submit reports every six months to the

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709
1

President and the appropriate congressional2

committees, summarizing the findings of the3

Committee and Inspectors General of agencies.

4

The Committee may submit additional reports

5

as appropriate.

6(C) PUBLIC AVAILABILITY.—

7(i) IN

GENERAL.—All

reports sub-8

mitted under this paragraph shall be made9

publicly available and posted on the10

website established by subsection (e).

11(ii) REDACTIONS.—Any portion of a12report submitted under this paragraph13

may be redacted when made publicly avail-14able, if that portion would disclose infor-

15

mation that is not subject to disclosure

16

under sections 552 and 552a of title 5,

17

United States Code.

18(3) RECOMMENDATIONS.—

19(A) IN GENERAL.—The Committee, in co-

20

ordination with the member Inspectors General,

21

shall make recommendations to agencies and to22

Congress, including the appropriate committees,23

on measures to prevent fraud, waste, and abuse

24

relating to covered funds.

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1(B) RESPONSIVEREPORTS.—Not

later

2

than 30 days after receipt of a recommendation

3

under subparagraph (A), an agency shall sub-4

mit a report to the President, the congressional

5committees of jurisdiction, and the appropriate

6congressional committees, on—

7(i) whether the agency agrees or dis-8

agrees with the recommendations; and9(ii) any specific action or action plan10

the agency will take to implement the rec-11

ommendations.

1213(d) POWERSAND

AUTHORITIES

OF

THE

COM-

MITTEE.—

14(1) IN GENERAL.—The Committee shall coordi-

15

nate and support investigations, audits and reviews

16of spending of covered funds to avoid duplication17

and overlap of work and ensure that there are not18

gaps in oversight activities by the member Inspec-

19

tors General. If a gap in oversight is identified, the20Committee shall request that an Inspector General21

or more than one Inspector General, designated by

22

the Chair, conduct the appropriate audit or review.

23(2) AUDITS AND INVESTIGATIONS.—The Com-24

mittee may—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7111(A) provide all necessary support to an In-

2spector General or Inspectors General in the

3

conduct of investigations, audits, evaluations,4and reviews relating to covered funds and5

Coronavirus response; and

6(B) collaborate on investigations, audits

7

and reviews relating to covered funds and

8

Coronavirus response with any Inspector Gen-9eral of an agency or more than one Inspectors

10

General.

11(3) AUTHORITIES.—

12(A) AUDITSANDINVESTIGATIONS.—In

13

providing assistance to Inspectors General in14

the conduct of investigations, audits and re-15

views, the Committee shall have the authorities

16

provided under section 6 of the Inspector Gen-17

eral Act of 1978 (5 U.S.C. App.). The Com-18

mittee may issue subpoenas to compel the testi-

19

mony of persons and may enforce subpoenas in20

the event of a refusal to obey by order of any

21

appropriate United States district court as pro-22

vided for Inspector General subpoenas under23

section 6 of the Inspector General Act of 1978

24

(5 U.S.C. App.).

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1(B) STANDARDS AND GUIDELINES.—The

2

Committee shall carry out the powers under3

paragraphs (1) and (2) in accordance with sec-

4

tion 4(b)(1) of the Inspector General Act of

51978 (5 U.S.C. App.).

6(C) REPORT OF REFUSALS.—Whenever in-

7

formation or assistance requested by the Com-8

mittee or an Inspector General, is unreasonably

9refused or not provided, the Committee shall10

immediately report the circumstances to the ap-

11

propriate committees.

12(D) INFORMATIONANDASSISTANCE.—

13

Upon request of the Committee for information

14

or assistance from any agency or other entity of

15

the Federal Government, or any recipient under

16

this Act, the head of such entity shall, insofar

17

as is practicable and not in contravention of18

any existing law, and consistent with section 6

19of the Inspector General Act of 1978, as

20

amended, furnish such information or assist-

21

ance to the Committee.

22(4) CONTRACTS.—The Council may enter into

23

contracts to enable the Committee to discharge its

24

duties under this Act, including contracts for audits,25

studies, analyses, and other services with public

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1

agencies and private persons, and make such pay-2

ments as may be necessary to carry out the duties

3of the Committee.

4(5) TRANSFER OF FUNDS.—The Council may

5transfer funds appropriated to the Council under

6

this section for administrative support services and7

any audits, investigations, reviews, or other activities

8

to any office of Inspector General.

9(6) EMPLOYMENT AND PERSONNEL AUTHORI-

10

TIES.—

11(A) IN GENERAL.—

12(i) AUTHORITIES.—The Council may

13

exercise the authorities of subsections (b)14through (i) of section 3161 of title 5,15

United States Code, (without regard to16

subsection (a) of that section) to carry out

17

the Committee’s functions under this sec-

18

tion.

19

(ii) APPLICATION.—For purposes of20

exercising the authorities described under21

clause (i), the term ‘‘Chairperson of the22

Council’’ shall be substituted for the term

23‘‘head of a temporary organization’’.

24(iii) CONSULTATION.—In exercising25

the authorities described under clause (i),

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714
1

the Chairperson shall consult with mem-2bers of the Committee.

3(iv) EMPLOYMENT AUTHORITIES.—In

4

exercising5

under subsection (b) of section 3161 of

6

title 5, United States Code, paragraph (2)7of subsection (b) of section 3161 of that

8

title (relating to periods of appointments)

9

shall not apply and no period of appoint-

10

ment may exceed the date on which the11Committee terminates under subsection (i).

12(v) DETAIL OF PERSONNEL.—In addi-

13tion to the authority provided by sub-14

section (c) of section 3161 of title 5,15

United States Code, upon the request of

16

an Inspector General, the Council may de-17tail, on a nonreimbursable basis, any per-18

sonnel of the Committee to that Inspector

19

General to assist in carrying out any audit

20

or investigation referred to the Inspector

21

General by the Committee.

22

(vi)

the

employment

REHIRING

authorities

ANNUITANTS.—The

23

Committee may employ annuitants covered

24

by section 9902(g) of title 5, United States

25

Code, for purposes of the oversight of cov-

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1ered funds or the Coronavirus response.

2

The employment of annuitants under this3

subparagraph shall be subject to the provi-4

sions of section 9902(g) of title 5, United

5

States Code, as if the Committee was the6

Department of Defense.

7(vii) COMPETITIVE STATUS.—A per-8

son employed by the Committee shall ac-

9quire competitive status for appointment to10

any position in the competitive service for11

which the employee possesses the required

12

qualifications upon the completion of 2

13

years of continuous service as an employee

14

under this subsection. No person who is

15

first employed more than 2 years after the16date of the enactment of this Act may ac-

17quire competitive status under this author-

18

ity.

19

(e) COMMITTEE WEBSITE.—

20(1) ESTABLISHMENT.—The Committee shall

21

utilize www.Oversight.gov to establish and maintain,

22

no later than 30 days after the enactment of this23

Act, a public-facing website for accountability and24transparency in the use of covered funds.

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1(2) PURPOSE.—The website established and2maintained under paragraph (1) shall provide infor-

3

mation relating to implementation of this Act and4provide connections to other government websites

5with related information.

6(3) CONTENT AND FUNCTION.—In establishing7

the website established and maintained under para-

8graph (1), the Committee shall ensure the website—

9(A) provides materials explaining what this10

Act means for citizens in plain language and11

shall be regularly updated;

12(B) provides accountability information, in-13

cluding findings from audits, investigations, or

14

reviews conducted by the Committee, Inspectors

15

General, and the Government Accountability

16

Office;17(C) provides data made available in a18

searchable, sortable, downloadable, and ma-

19chine-readable format;

20(D) provides—

21(i) data on how funds provided under

22

this Act are spent including through rel-23

evant economic, financial, grant, subgrant,

24

contract, subcontract, loan, and other rel-25

evant information with a unique, trackable

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717
1

identification number for each project2

where applicable; and3(ii) information about the process that4

was used for the award of loans, grants, or5contracts, and for contracts over $150,000,

6

an explanation of the contract agreement

7

where applicable;

8(E)includessearchable,

sortable,

9downloadable, machine-readable reports on cov-

10ered funds obligated by month to each State11and congressional district where applicable;

12(F) includes detailed information on Fed-13eral Government contracts, grants, and loans

14that expend covered funds, using, where appli-

15

cable, the data elements required by the Digital

16

Access and Transparency Act (Public Law

17

113–101), and shall allow for aggregate report-18

ing on awards below $50,000 or to individuals,

19

as prescribed by the Director of the Office of

20Management and Budget;

21(G) includes appropriate links to other gov-

22

ernment websites with information concerning

23

covered funds, including Federal agency and24

State websites;

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7181(H) provides information on Federal allo-

2

cations of formula grants and awards of com-3

petitive grants using covered funds;

4(I) provides, if applicable, information on

5

Federal allocations of mandatory and other en-

6

titlement programs by State, county, or other7

appropriate geographical unit;

8(J) be enhanced and updated as necessary

9

to carry out the purposes of this section; and

10(K) presents the data such that funds sub-11

awarded by recipients are not double counted in

12search results, data visualizations or other re-

13

ports.

14(4) WAIVER.—The Committee may exclude

15

posting contractual or other information on the16

website on a case-by-case basis when necessary to

17

protect information that is not subject to disclosure

18

under sections 552 and 552a of title 5, United

19

States Code.

20(f) INDEPENDENCE OF INSPECTORS GENERAL.—

21(1) INDEPENDENTAUTHORITY.—Nothingin22

this section shall affect the independent authority of

23

an Inspector General or the Comptroller General to24

determine whether to conduct an audit or investiga-

25

tion of covered funds.

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1(2) REQUESTS BY COMMITTEE.—If the Com-2

mittee requests that an Inspector General conduct or3

refrain from conducting an audit or investigation4and such Inspector General rejects such request in

5

whole or in part, such Inspector General shall, not6later than 30 days after rejecting the request, sub-7

mit a report to the appropriate congressional com-8

mittees. The report shall state the reasons that such

9

Inspector General has rejected the request in whole

10

or in part.

11(g) COORDINATION WITH THE COMPTROLLER GEN-

12

ERAL AND STATE AUDITORS.—The Committee shall co-

13 ordinate its oversight activities with the Comptroller Gen14 eral of the United States and State and local auditors.
15(h) AUTHORIZATION OF APPROPRIATIONS.—For the

16 purposes of carrying out the mission of the Council of the
17 Inspectors General on Integrity and Efficiency under sec18 tion 11 of the Inspector General Act of 1978 (5 U.S.C.
19 App.) and to carry out this section, there are authorized
20 to be appropriated into the revolving fund described in
21 subsection (c)(3)(B) of such section, out of any amount
22 in the Treasury not otherwise appropriated, $60,000,000
23 to carry out the duties and functions of the Council.

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7201(i) TERMINATION OF THE COMMITTEE.—The Com-

2 mittee and its authorities and responsibilities shall termi3 nate on the later of—
4(1) the date the last grant administered under5

this Act is expended;

6(2) the date the last contract administered7

under this Act expires;

8(3) the date the last loan or loan guarantee pro-9

vided under this Act matures or expires, as appro-

10

priate; or

11(4) the date the last instrument or asset ac-

12

quired by the Federal Government has been sold or

13transferred out of the ownership or control of the

14

Federal Government, or otherwise disposed of.

15(j) DEFINITIONS.—In this section:

16

(1)

COMMITTEE.—The

term‘‘Committee’’17means the Coronavirus Accountability and Trans-

18

parency Committee established in subsection (a).

19(2) COVEREDFUNDS.—Theterm ‘‘covered

20

funds’’ means any funds that are made available, in21

any form, under this Act.

22(3) RECIPIENT.—The term ‘‘recipient’’ means a23

recipient of Federal funds under this Act.

24(4) APPROPRIATE

25

TEES.—The

CONGRESSIONAL

COMMIT-term ‘‘appropriate congressional com-

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721
1

mittees’’ means the Committees on Appropriations

2and Homeland Security of the Senate and Commit-

3

tees on Appropriations and Oversight and Reform in4

the House of Representatives.

5

SEC. 130002. GAO OVERSIGHT AND AUDIT AUTHORITY.

6(a) AUTHORITY.—The Comptroller General shall con-7 duct monitoring and oversight of the exercise of authori8 ties under this Act or any other Act to prepare for, re9 spond to, and recover from the Coronavirus pandemic and
10 the effect of the pandemic on the health, economy, and11 public and private institutions of the United States, in12 cluding public health and homeland security efforts by the
13 Federal Government and the use of selected funds under
14 this or any other Act related to the Coronavirus pandemic.
15(b) BRIEFINGS AND REPORTS.—In conducting moni-

16 toring and oversight under subsection (a), the Comptroller
17 General shall—
18(1) during the period beginning on the date of19

enactment of this Act and ending on the date on

20

which the national emergency declared by the Presi-

21

dent under the National Emergencies Act (5022

U.S.C. 1601 et seq.) with respect to the Coronavirus

23

Disease 2019 expires, offer regular briefings on not24

less frequently than a monthly basis to the appro-

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722
1

priate congressional committees regarding Federal

2public health and homeland security efforts;

3(2) publish reports regarding the ongoing moni-4

toring and oversight efforts, which, along with any

5audits and investigations conducted by the Comp-6

troller General, shall be submitted to the appropriate

7

congressional committees and posted on the website

8of the Government Accountability Office—9(A) not later than 90 days after the date10of enactment of this Act, every other month11

thereafter until the date that is 1 year after the12date of enactment of this Act; and13(B) after the period described in subpara-

14

graph (A), on a periodic basis; and15(3) submit to the appropriate congressional

16

committees additional reports as warranted by the17findings of the monitoring and oversight activities of18

the Comptroller General.

19(c) ACCESS TO INFORMATION.—

20(1) RIGHT OF ACCESS.—In conducting moni-

21

toring and oversight activities under this section, the22Comptroller General shall have access to records,

23

upon request, of any Federal, State, or local agency,

24

contractor, grantee, recipient, or subrecipient per-25

taining to any Federal effort or assistance of any

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1

type related to Coronavirus under this Act or any

2other Act, including private entities receiving such3

assistance.

4(2) COPIES.—The Comptroller General may

5

make and retain copies of any records accessed

6

under paragraph (1) as the Comptroller General de-7

termines appropriate.

8(3) INTERVIEWS.—In addition to such other au-

9thorities as are available, the Comptroller General or10

a designee of the Comptroller General may interview

11

Federal, State, or local officials, contractor staff,

12

grantee staff, recipients, or subrecipients pertaining

13

to any Federal effort or assistance of any type re-14

lated to Coronavirus under this or any other Act, in-15

cluding private entities receiving such assistance.

16(4) INSPECTIONOF

FACILITIES.—As

deter-

17

mined necessary by the Comptroller General, the18

Government Accountability Office may inspect facili-

19ties at which Federal, State, or local officials, con-20

tractor staff, grantee staff, or recipients or sub-21

recipients carry out their responsibilities related to22

Coronavirus.

23(5) ENFORCEMENT.—Access rights under this24

subsection shall be subject to enforcement consistent25

with section 716 of title 31, United States Code.

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7241(d) RELATIONSHIPTO

EXISTING AUTHORITY.—

2 Nothing in this section shall be construed to limit, amend,
3 supersede, or restrict in any manner any existing author4 ity of the Comptroller General.
5ø(e) APPROPRIATIONS FOR GOVERNMENT ACCOUNT-6

ABILITY OFFICE.—Out of amounts in the Treasury not

7 otherwise appropriated, there is appropriated, for an addi8 tional amount for ‘‘Government Accountability Office—9 Salaries and Expenses’’, $50,000,000, to remain available
10 until expended, for audits and investigations relating to—11

ø(1) Coronavirus or similar pandemics; and12

ø(2) any related stimulus funding to assist the13

response of the United States to the major health14

and economic vulnerabilities of the United States to15

pandemics.¿

16(f) DEFINITIONS.—In this section:

17(1) APPROPRIATE

18

TEES.—The

19

mittees’’ means—20

CONGRESSIONAL

COMMIT-term ‘‘appropriate congressional com-(A) the Committee on Appropriations of

21

the Senate;

22(B) the Committee on Homeland Security

23

and Governmental Affairs of the Senate;

24(C) the Committee on Health, Education,

25

Labor, and Pensions of the Senate;

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7251(D) the Committee on Appropriations of2

the House of Representatives;

3(E) the Committee on Homeland Security

4of the House of Representatives;

5(F) the Committee on Oversight and Re-

6form of the House of Representatives; and7(G) the Committee on Energy and Com-8

merce of the House of Representatives.

9(2)

COMPTROLLER

GENERAL.—The

term

10

‘‘Comptroller General’’ means the Comptroller Gen-11

eral of the United States.

13

DIVISION N—U.S. POSTALSERVICE PROVISIONS

14

SEC. 140001. ELIMINATION OF USPS DEBT; ADDITIONAL

12

15

BORROWING AUTHORITY.

16(a) IN GENERAL.—Notwithstanding any other provi-

17 sion of law—18(1) any outstanding debt of the United States

19

Postal Service owed to the Treasury pursuant to sec-

20

tions 2005 and 2011 of title 5, United States Code,21

on the date of the enactment of this Act is hereby

22cancelled; and23(2) after the date of the enactment of this Act,24

the United States Postal Service is authorized to25

borrow money from the Treasury in an amount not

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1

to exceed $15,000,000,000 to carry out the duties

2

and responsibilities of the Postal Service, including

3

those under title 39, United States Code, and the4Secretary of the Treasury shall lend up to such5

amount at the request of the Postal Service.

6(b) REPEAL OF FISCAL YEAR BORROWING LIMIT.—

7 Section 2005(a)(1) of title 39, United States Code, is
8 amended by striking ‘‘In any one fiscal year,’’ and all that
9 follows through the period.
10

SEC. 140002. PRIORITIZATION OF DELIVERY FOR MEDICAL11

PURPOSES DURING COVID–19 EMERGENCY.

12

Notwithstanding any other provision of law, the

13 United States Postal Service—14(1) shall prioritize delivery of postal products

15

for medical purposes during the emergency, declared

16

by the President under section 501 of the Robert T.

17

Stafford Disaster Relief and Emergency Assistance18

Act (42 U.S.C. 5191) on March 13, 2020, based on

19

the outbreak of COVID–19;

20(2) may establish temporary delivery points, in21

such form and manner as the Postal Service deter-22

mines necessary, to protect employees of the Postal

23

Service and individuals receiving deliveries from the24

Postal Service; and

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1(3) may institute flexible delivery, in such form

2

and manner as the Postal Service determines nec-

3

essary, in the event operations or employees of the4

Postal Service are impacted by the COVID–19 out-

5

break described in paragraph (1).

6
7

DIVISION O—FEDERALWORKFORCE PROVISIONS

8

SEC. 150001. REIMBURSEMENT FOR CHILD AND FAMILY

9CARE FOR FEDERAL EMPLOYEES DURING

10

COVID–19 PANDEMIC.

11(a) IN GENERAL.—During the period beginning on

12 the date of enactment of this Act and ending on December
13 31, 2020, any employee who is unable to care for a de14 pendent child of the employee or a relative of the employee
15 who has COVID–19 as a result of the employee being re16 quired to report to their duty station (either permanent
17 or temporary) or to telework shall be entitled to reim18 bursement for the costs of such care.
19(b) APPLICATION.—

20(1) IN GENERAL.—Any payment provided by

21

operation of subsection (a) shall be paid on a month-22

ly basis, with payments being made to the employee

23

on the last day of each month.

24(2) SUBMISSION OF RECEIPTS.—For purposes25

of determining reimbursement amounts, each em-

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728
1

ployee shall submit to their employing office receipts

2or other documents as the office may require.

3(3) LIMIT.—Reimbursement may not be paid to4

any employee under this section for any month in an

5amount greater than $2,000 per child or relative.

6(c) DEFINITIONS.—In this section—

7(1) the term ‘‘employee’’ means any individual8

occupying a position in the civil service (as that term

9

is defined in section 2101(1) of title 5, United

10

States Code); and11(2) the terms ‘‘dependent child’’ and ‘‘relative’’

12

have the meaning given those terms in paragraphs

13(2) and (16), respectively, of section 109 of the Eth-14

ics in Government Act of 1978 (5 U.S.C. App.

15

109(2)).

16

SEC. 150002. FEDERAL CONTRACTOR REIMBURSEMENT.

17

Not later than 10 calendar days after the date of the

18 enactment of this Act, the Director of the Office of Man19 agement and Budget, in consultation with the Adminis20 trator of the Office of Federal Procurement Policy, shall
21 issue guidance to the head of each executive agency to pro22 vide equitable adjustment for any contractor under a con23 tract with the Federal Government whose work was dis24 rupted as a result of measures taken with respect to
25 COVID–19. For purposes of this section, work disruption

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729
1 shall include denial of access to Federal facilities, supply
2 chain disruptions, use of annual leave by individuals em3 ployed to fulfill the contract, and furloughs of individuals
4 employed to fulfill the contract.
5

SEC. 150003. WEATHER AND SAFETY LEAVE FOR COVID–19.

6(a) IN GENERAL.—Beginning on the date of enact-

7 ment of this Act and ending on December 31, 2020, sub8 section (b)(3) of section 6329c of title 5, United States
9 Code, shall be applied by substituting ‘‘approved location,
10 including by reason of the inability to travel or access work
11 stations as a result of COVID–19’’ for ‘‘approved loca12 tion’’.
13(b) APPROVED LOCATION.—Such section is amended

14 in subsection (a)—15(1) by striking ‘‘and’’ at the end of paragraph

16

(1);

17

(2) by striking the period at the end of para-

18

graph (2) and inserting ‘‘; and’’; and19(3) by adding at the end the following:

20‘‘(3) the term ‘approved location’ means any lo-

21

cation at which an employee has been approved to22

perform work, including any Federal office, a tele-

23

working site, or other location as determined by the24head of the agency at which the employee is em-

25ployed.’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7301(c) RULE OF CONSTRUCTION.—Notwithstanding sub-2 paragraph (B) of subsection (a)(2) of such section, inter3 mittent employees described in such subparagraph shall
4 be eligible for the leave provided by operation of subsection
5 (a) of this section.
6

SEC. 150004. COVID–19 TELEWORKING REQUIREMENTS FOR

7

FEDERAL EMPLOYEES.

8(a) MANDATED TELEWORK.—

9(1) IN GENERAL.—Effective immediately upon10

the date of enactment of this Act, the head of any

11

Federal agency shall require any employee of such

12

agency who is authorized to telework under chapter

13

65 of title 5, United States Code, or any other provi-

14sion of law to telework during the period beginning15

on the date of enactment of this Act and ending on

16

December 31, 2020.

17(2) DEFINITIONS.—In this subsection—

18(A) the term ‘‘employee’’ means any indi-

19

vidual occupying a position in the civil service20(as that term is defined in section 2101(1) of

21

title 5, United States Code); and

22(B) the term ‘‘telework’’ has the meaning

23

given that term in section 6501(3) of such title.

24(b) TELEWORK PARTICIPATION GOALS.—Chapter 65

25 of title 5, United States Code, is amended as follows:

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1(1) In section 6502—

2(A) in subsection (b)—3(i) in paragraph (4), by striking

4‘‘and’’ at the end;

5(ii) in paragraph (5), by striking the6

period at the end and inserting a semi-

7colon; and8(iii) by adding at the end the fol-9

lowing:10‘‘(6) include annual goals for increasing the11

percent of employees of the executive agency partici-

12pating in teleworking—

13‘‘(A) three or more days per pay period;

14‘‘(B) one or 2 days per pay period;

15‘‘(C) once per month; and16‘‘(D) on an occasional, episodic, or short-17

term basis; and18‘‘(7) include methods for collecting data on, set-

19

ting goals for, and reporting costs savings to the ex-20

ecutive agency achieved through teleworking, con-21

sistent with the guidance developed under section

222(c) of the ølll Act¿.’’; and23(B) by adding at the end the following:

2425‘‘(d) NOTIFICATIONFORREDUCTION

IN

TELE-

WORKING PARTICIPATION.—Not later than 30 days before

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1 the date that an executive agency implements or modifies
2 a teleworking plan that would reduce the percentage of3 employees at the agency who telework, the head of the ex4 ecutive agency shall provide written notification, including
5 a justification for the reduction in telework participation
6 and a description of how the agency will pay for any in7 creased costs resulting from that reduction, to—8‘‘(1) the Director of the Office of Personnel

9

Management;

10‘‘(2) the Committee on Oversight and Reform

11of the House of Representatives; and12‘‘(3) the Committee on Homeland Security and

13

Governmental Affairs of the Senate.

14‘‘(e) PROHIBITIONON

AGENCY-WIDE LIMITSON

15 TELEWORKING.—An agency may not prohibit any delin16 eated period of teleworking participation for all employees
17 of the agency, including the periods described in subpara18 graphs (A) through (D) of subsection (b)(6). The agency
19 shall make any teleworking determination with respect to
20 an employee or group of employees at the agency on a
21 case-by-case basis.’’.
22(2) In section 6506(b)(2)—23(A) in subparagraph (F)(vi), by striking

24‘‘and’’ at the end;

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1(B) in subparagraph (G), by striking the2

period at the end and inserting a semicolon;

3

and

4

(C) by adding at the end the following:5‘‘(H) agency cost savings achieved through6

teleworking, consistent with the guidance devel-

7

oped under section 2(c) of the Telework Metrics

8

and Cost Savings Act; and9‘‘(I) a detailed explanation of a plan to in-

10

crease the Government-wide teleworking partici-

11

pation rate above such rate applicable to fiscal

12

year 2016, including agency-level plans to main-

13

tain or improve such rate for each of the tele-

14

working frequency categories listed under sub-15

paragraph (A)(iii).’’.

16(c) GUIDANCE.—Not later than 90 days after the

17 date of the enactment of this Act, the Director of the Of18 fice of Personnel Management, in collaboration with the
19 Chief Human Capital Officer Council, shall establish uni20 form guidance for agencies on how to collect data on, set
21 goals for, and report cost savings achieved through, tele22 working. Such guidance shall account for cost savings re23 lated to travel, energy use, and real estate.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7341(d) TECHNICAL CORRECTION.—Section 6506(b)(1)

2 of title 5, United States Code, is amended by striking
3 ‘‘with Chief’’ and inserting ‘‘with the Chief’’.
4

SEC. 150005. PAY DIFFERENTIAL FOR DUTY RELATED TO

5COVID–19.

6(a) IN GENERAL.—Section 5545 of title 5, United

7 States Code, is amended by adding at the end the fol8 lowing:9‘‘(e)(1) The Office shall establish a schedule or sched-

10 ules of pay differentials for duty during which an employee
11 is exposed to an individual who has (or who has been ex12 posed to) COVID–19.
13‘‘(2) Under such regulations as the Office may pre-14 scribe, during the period beginning on March 15, 2020,
15 and ending on September 30, 2020, an employee to whom
16 chapter 51 and subchapter III of chapter 53 applies, and17 an employee appointed under chapter 73 or 74 of title 38,
18 is entitled to be paid the differential under paragraph (1)19 for any period in which the employee is carrying out the
20 duty described in such paragraph.’’.
21(b) TSA EMPLOYEES.—Section 111(d)(2) of the

22 Aviation and Transportation Security Act (49 U.S.C.
23 44935 note) is amended by adding at the end the fol24 lowing:

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1‘‘(C) HAZARDOUS DUTY PAY FOR COVID–

2

19.—The provisions of section 5545(e) of title

35, United States Code, shall to apply to any in-4

dividual appointed under paragraph (1).’’.

DIVISION
P—FEDERALEM6
PLOYEE COLLECTIVE BAR7
GAINING AND OFFICIAL TIME
5

8

SEC. 160001. SHORT TITLE.

9This division may be cited as the ‘‘Protecting Collec-

10 tive Bargaining and Official Time for Federal Workers
11 Act’’.
12

SEC. 160002. FINDINGS.

13

Congress finds the following:

14(1) Federal Unions play a critical role in pro-15

tecting the rights of Federal workers by allowing

16

members to have a collective voice on the job and in17

the legislative process, advance issues for working

18

families, ensure equal opportunities for all workers,

19

and raise the standards by which all professional20

and technical workers are employed.

21(2) Collective bargaining is essential to the22union process, because it provides mutual agreement

23

between all parties that fosters harmonious relation-

24

ships between the Federal Government and its em-

25ployees and protects the interest of both parties.

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1(3) The current administration has acted

2

through Executive Orders and official memorandums3

to dismantle Federal Unions and undermine their4collective bargaining rights across the Federal work-5

force and these directives have already negatively

6

impacted labor contracts, both signed and under ac-

7

tive negotiation.

8(4) These orders set an aggressive schedule for9unions to engage in collective bargaining, while also10slashing the unions official time for performing

11

union duties by over 91 percent in some cases.

12

These actions are limiting the ability for unions to

13

prepare for negotiations and perform their legally re-14

quired employee representational duties.

15(5) Section 7101(a) of title 5, United States

16

Code, states, ‘‘Congress finds that labor organiza-

17

tions and collective bargaining in the civil service are18

in the public interest.’’. Attempting to eliminate the19

Union by eliminating almost all its official time re-20

pudiates the statutory position that unions are in21

the public interest.

22(6) Through these orders, agencies are required23

to comply with artificial bargaining schedules, which

24

undermine good faith negotiations and divert the de-25

cision-making to an impasse panel, which has no

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737
1

union representation on it and does not represent

2both parties.

3(7) Collectively, the administration’s actions

4

have violated Congressional intent, undermined the5ability of unions to engage in collective bargaining,

6

and threatened the rights and benefits of millions of7

Federal workers.

8

SEC. 160003. NULLIFICATION OF EXECUTIVE ORDERS RE-

9LATING TO FEDERAL EMPLOYEE COLLEC-

10

TIVE BARGAINING.

11

Each of the following Executive Orders and presi-

12 dential memorandum are rescinded and shall have no force
13 or effect:
14(1) Executive Order 13837 (relating to the use

15

of official time).

16(2) Executive Order 13836 (relating to Federal

17

collective bargaining).

18(3) Executive Order 13839 (relating to the19

Merit Systems Protection Board).

20(4) The Presidential Memorandum on the Dele-

21

gation of Certain Authority under the Federal Serv-

22

ice Labor-Management Relations Statute, issued to23

the Secretary of Defense on January 29, 2020.

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738

DIVISION Q—STUDENT VETERAN
2CORONAVIRUSRESPONSE3ACT OF 2020
1

4

SEC. 170001. SHORT TITLE.

5This division may be cited as the ‘‘Student Veteran

6 Coronavirus Response Act of 2020’’.
7SEC. 170002. PAYMENT OF WORK-STUDY ALLOWANCES DUR-8ING EMERGENCY SITUATIONS.

9

Section 3485 of title 38, United States Code, is

10 amended by adding at the end the following new sub11 section:
12‘‘(f)(1) In case of an individual who is in receipt of

13 work-study allowance pursuant to an agreement described
14 in subsection (a)(3) as of the date on which an emergency
15 situation occurs and who is unable to continue to perform
16 qualifying work-study activities described in subsection
17 (a)(4) by reason of the emergency situation—
18‘‘(A) the Secretary may continue to pay work-

19

study allowance under this section or make deduc-20

tions described in subsection (e)(1) during the pe-

21

riod of such emergency situation, notwithstanding22

the inability of the individual to perform such work-

23

study activities by reason of such emergency situa-

24tion; and

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1‘‘(B) at the option of the individual, the Sec-2

retary shall extend the agreement described in sub-3

section (a)(3) with the individual for any subsequent

4

period of enrollment initiated during the emergency

5

situation, notwithstanding the inability of the indi-

6

vidual to perform work-study activities described in

7

subsection (a)(4) by reason of such emergency situa-

8

tion.

9

‘‘(2) The amount of work-study allowance payable to

10 an individual under paragraph (1)(A) during the period
11 of an emergency situation shall be an amount determined
12 by the Secretary but may not exceed the amount that
13 would be payable under subsection (a)(2) if the individual
14 worked 25 hours per week paid during such period.’’.
15

SEC. 170003. PAYMENT OF ALLOWANCES TO VETERANS EN-

16

ROLLED

17

CLOSED FOR EMERGENCY SITUATIONS.

18INEDUCATIONALINSTITUTIONS(a) TEMPORARY PROVISION.—

19(1) IN GENERAL.—During the period beginning20

on March 1, 2020, and ending on December 21,

21

2020, the Secretary may pay allowances to an eligi-

22

ble

23

3680(a)(2)(A) of title 38, United States Code, if the24veteran or person is enrolled in a program or course

25

of education that—veteranoreligible

personunder

section

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7401(A) is provided by an educational institu-

2tion that is closed by reason of an emergency

3

situation; or

4(B) is suspended by reason of an emer-

5

gency situation.

6(2) AMOUNT OF ALLOWANCE.—The total num-7

ber of weeks for which allowances may be paid under

8

this section may not exceed four weeks.

9(3) NOT COUNTED FOR PURPOSES OF LIMITA-

10

TION.—Any amount paid under this section shall not

11

be counted for purposes of the limitation on

12

allowanced under section 3680(a)(2)(A) of title 38,

13

United States Code.

14(b) PERMANENT PROVISION.—Section 3680(a)(2) of

15 title 38, United States Code, is amended—
16(1) in subparagraph (A), by striking ‘‘12-17month’’ and inserting ‘‘six-month’’; and18(2) in subparagraph (B)—19

(A) by striking ‘‘or following’’ and insert-20

ing ‘‘during periods following’’; and

21

(B)

by

insertingafter‘‘section223699(b)(1)(B) of this title,’’ the following: ‘‘, or23

during periods when a course of study or pro-

24

gram of education is temporarily closed or ter-

25

minated by reason of an emergency situation,’’.

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741
1

SEC. 170004. PROHIBITION OF CHARGE TO ENTITLEMENT2OF STUDENTS UNABLE TO PURSUE A PRO-

3

GRAM OF EDUCATION DUE TO AN EMER-

4GENCY SITUATION.

5

Section 3699(b)(1) of title 38, United States Code,6 is amended—
7(1) in subparagraph (A), by striking ‘‘or’’ at8

the end;9(2) in subparagraph (B)(ii), by striking ‘‘and’’10

at the end and inserting ‘‘or’’ ; and11(3) by adding at the end the following new sub-12

paragraph:13‘‘(C) the temporary closure of an edu-

14

cational institution or the temporary closure or

15

termination of a course or program of education16

by reason of an emergency situation; and’’.

17

SEC. 170005. EXTENSION OF TIME LIMITATIONS FOR USE

18

OF ENTITLEMENT.

19(a) MONTGOMERY GI BILL.—Section 3031 of title

20 38, United States Code, is amended by adding at the end
21 the following new subsection:22‘‘(i) In the case of an individual eligible for edu-

23 cational assistance under this chapter who is prevented
24 from pursuing the individual’s chosen program of edu25 cation before the expiration of the 10-year period for the
26 use of entitlement under this chapter otherwise applicable
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1 under this section because the educational institution
2 closed (temporarily or permanently) under an established3 policy based on an Executive order of the President or
4 due to an emergency situation, such 10-year period—
5‘‘(1) shall not run during the period the indi-

6

vidual is so prevented from pursuing such program;

7

and

8

‘‘(2) shall again begin running on the first day

9after the individual is able to resume pursuit of a

10

program of education with educational assistance11

under this chapter.’’.

12(b) POST-9/11 EDUCATIONAL ASSISTANCE.—

13(1) IN GENERAL.—Section 3321(b)(1) of such

14

title is amended—

15(A) by inserting ‘‘(A)’’ before ‘‘Sub-

16

sections’’;17(B) by striking ‘‘and (d)’’ and inserting

18‘‘(d), and (i)’’; and by adding at the end the fol-19

lowing new subparagraph:20‘‘(B) Subsection (i) of section 3031 shall apply

21

with respect to the running of the 15-year period de-22

scribed in paragraphs (4)(A) and (5)(A) of this sub-23

section in the same manner as such subsection ap-

24plies under section 3031 with respect to the running25of the 10-year period described in section 3031(a).’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML743
1(2) TRANSFER PERIOD.—Section 3319(h)(5) is

2amended—3(A) in subparagraph (A) by inserting ‘‘or4(C)’’ after ‘‘subparagraph (B)’’; and5(B) by adding at the end the following new

6

subparagraph:7‘‘(C) EMERGENCYSITUATIONS.—Inany

8case in which the Secretary determines that an

9individual to whom entitlement is transferred10

under this section has been prevented from pur-11

suing the individual’s chosen program of edu-

12

cation before the individual attains the age of13

26 years because the educational institution

14

closed (temporarily or permanently) under an

15

established policy based on an Executive order16of the President or due to an emergency situa-

17

tion, the Secretary shall extend the period dur-18

ing which the individual may use such entitle-

19

ment for a period equal to the number of20months that the individual was so prevented

21

from pursuing the program of education, as de-22

termined by the Secretary.’’.

23(c) VOCATIONAL REHABILITATION AND TRAINING.—

24(1) PERIOD FOR USE.—Section 3103 of such

25

title is amended—

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1(A) in subsection (a), by striking ‘‘or (e)’’2and inserting ‘‘(e), or (g)’’; and3(B) by adding at the end the following new

4subsection:5‘‘(g) In any case in which the Secretary determines

6 that a veteran has been prevented from participating in
7 a vocational rehabilitation program under this chapter
8 within the twelve-year period of eligibility prescribed in
9 subsection (a) by reason of an Executive order of the
10 President or due to an emergency situation, such twelve11 year period—
12‘‘(1) shall not run during the period the indi-

13

vidual is so prevented from participating such pro-

14

gram; and15‘‘(2) shall again begin running on the first day

16

after the individual is able to resume participation in17

such program.’’.

18(2) DURATION OF PROGRAM.—Section 3105(b)19

of such title is amended—

20(A) in paragraph (1), by striking ‘‘para-

21

graph (2)’’ and inserting ‘‘paragraphs (2) and22(3)’’; and23(B) by adding at the end the following new24

paragraph:

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7451‘‘(3)(A) In any case in which the Secretary deter-

2 mines that a veteran has been prevented from partici3 pating in counseling and placement and postplacement
4 services described in section 3104(a)(2) and (5) of this
5 title by reason of an Executive order of the President or
6 due to an emergency situation, the Secretary shall extend
7 the period during which the Secretary may provide such
8 counseling and placement and postplacement services for9 the veteran for a period equal to the number of months
10 that the veteran was so prevented from participating in
11 such counseling and services, as determined by the Sec12 retary.
13‘‘(B) In any case in which the Secretary determines

14 that a veteran has been prevented from participating in
15 a vocational rehabilitation program under this chapter by
16 reason of an Executive order of the President or due to
17 an emergency situation, the Secretary shall extend the pe18 riod of the veteran’s vocational rehabilitation program for
19 a period equal to the number of months that the veteran
20 was so prevented from participating in the vocational re21 habilitation program, as determined by the Secretary.’’.
22(d) EDUCATIONAL ASSISTANCE FOR MEMBERS OF

23

THE SELECTED RESERVE.—Section 16133(b) of title 10,

24 United States Code, is amended by adding at the end the
25 following new paragraph:

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7461‘‘(5) In any case in which the Secretary concerned

2 determines that a person entitled to educational assistance
3 under this chapter has been prevented from using such
4 person’s entitlement by reason of an Executive order of
5 the President or due to an emergency situation, the Sec6 retary concerned shall extend the period of entitlement
7 prescribed in subsection (a) for a period equal to the num8 ber of months that the person was so prevented from using
9 such entitlement, as determined by the Secretary.’’.
10

SEC. 170006. RESTORATION OF ENTITLEMENT TO REHA-

11

BILITATION PROGRAMS FOR VETERANS AF-

12

FECTED

13

APPROVAL.

14BY

SCHOOL

CLOSUREOR

DIS-(a) ENTITLEMENT.—Section 3699 of title 38, United

15 States Code, is amended by striking ‘‘chapter 30,’’ each
16 time it appears and inserting ‘‘chapter 30, 31,’’.
17(b) PAYMENT OF SUBSISTENCE ALLOWANCES.—Sec-

18 tion 3680(a)(2)(B) of title 38, United States Code, is
19 amended—20(1) by inserting ‘‘or a subsistence allowance de-21

scribed in section 3108’’ before ‘‘, during’’; and22(2) by inserting ‘‘or allowance’’ after ‘‘such a

23

stipend’’.

24(c) EFFECTIVE DATE.—The amendments made by

25 this section shall apply as if included in the enactment

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747
1 of section 109 of the Harry W. Colmery Veterans Edu2 cational Assistance Act of 2017 (Public Law 115–48; 131
3 Stat. 978).
4

SEC. 170007. EXTENSION OF PAYMENT OF VOCATIONAL RE-

5

HABILITATION SUBSISTENCE ALLOWANCES.

6

In the case of any veteran who the Secretary of Vet-

7 erans Affairs determines is satisfactorily following a pro8 gram of employment services provided under section
9 3104(a)(5) of title 38, United States Code, during period
10 beginning on March 1, 2020, and ending on December 21,
11 2020, the Secretary may pay the veteran a subsistence al12 lowance, as prescribed in section 3108 of such title for
13 full-time training for the type of program that the veteran
14 was pursuing, for two additional months.’’.
15

SEC. 170008. INCREASE OF AMOUNT OF DEPARTMENT OF

16

VETERANS AFFAIRS PAYMENTS FOR AID AND

17

ATTENDANCE DURING EMERGENCY PERIOD18

RESULTING FROM COVID–19 PANDEMIC.

19(a) IN GENERAL.—During the covered period, the

20 Secretary of Veterans Affairs shall apply each of the fol21 lowing provisions of title 38, United States Code, by sub22 stituting for the dollar amount in such provision the
23 amount equal to 125 percent of the dollar amount that
24 was in effect under such provision on the date of the en25 actment of this Act:

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748
1(1) Subsections (l), (m), and (r) of section

2

1114.

3

(2) Paragraphs (1) and (2) of subsection (d) of

4

section 1521.

5(3) Paragraphs (2) and (4) of subsection (f) of

6

section 1521.

7(b) COVERED PERIOD.—In this section, the covered

8 period is the period that begins on the date of the enact9 ment of this Act and ends 60 days after the last day of
10 the emergency period (as defined in section 1135(g)(1) of
11 the Social Security Act (42 U.S.C. 1320b-5(g)(1))) result12 ing from the COVID–19 pandemic.
13

SEC. 170009. TREATMENT OF WORK INJURY COMPENSA-

14

TION CLAIMS FILED BY EMPLOYEES OF THE

15

DEPARTMENT OF VETERANS AFFAIRS FOR

16

COVID–19.

17(a) ELIGIBILITY.—Notwithstanding section 7425(b)18 of title 38, United States Code, or any other provision of
19 law, each employee of the Department of Veterans Affairs
20 (including employees under chapter 74 of such title) shall
21 be treated as an employee under chapter 81 of title 5,
22 United States Code, for purposes of making claims under
23 such chapter relating to coronavirus disease 2019
24 (COVID–19).

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7491(b) PRESUMPTION.—If an employee of the Depart-2 ment of Veterans Affairs described in subsection (a) con3 tracts coronavirus disease 2019 (COVID–19), such dis4 ease shall be presumed to have been proximately caused
5 by the employment of the employee for purposes of claims
6 made under chapter 81 of title 5, United States Code.
7

SEC. 170010. DEFERRAL OF CERTAIN DEBTS ARISING FROM

8LAWS ADMINISTERED BY THE SECRETARY OF

9VETERANS AFFAIRS.

10(a) IN GENERAL.—With regard to a covered debt, the

11 Secretary of Veterans Affairs, during the covered period,
12 may not take any of the following actions:
13(1) Collect a payment (including by the offset

14

of any payment by the Secretary).

15(2) Record such a debt.

16(3) Issue notice of such a debt to an individual

17

or a consumer reporting agency.

18(4) Allow any interest to accrue.

19(5) Apply any administrative fee.

20(b) EXCEPTION.—Notwithstanding subsection (a),21 the Secretary may collect a payment regarding a covered
22 debt (including interest or any administrative fee) from
23 an individual who elects to make such a payment during
24 the covered period.
25(c) DEFINITIONS.—In this section:

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7501(1) The term ‘‘consumer reporting agency’’ has

2

the meaning given that term in section 5701 of title

338, United States Code.

4(2) The term ‘‘covered debt’’ means a debt

5

owed—

6

(A) by an individual to the United States;

7

and

8

(B) arising from a covered law.

9(3) The term ‘‘covered law’’ means any law ad-

10

ministered by the Secretary of Veterans Affairs

11through—

12(A) the Under Secretary for Health; or

13(B) the Under Secretary of Benefits.

14(4) The term ‘‘covered period’’ means—

15(A) the COVID–19 emergency period; and

16(B) the 60 days immediately following the17date of the end of the COVID–19 emergency

18

period.

19(5) The term ‘‘COVID–19 emergency period’’

20

means the emergency period described in section

211135(g)(1)(B) of the Social Security Act (42 U.S.C.

221320b-5(g)(1)(B)).

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML751

2

DIVISION R—AVIATION WORKER
RELIEF

3

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

14(a) SHORT TITLE.—This division may be cited as the

5 ‘‘Emergency Pension Plan Relief Act of 2020’’.
6(b) TABLE OF CONTENTS.—The table of contents for7 this division is as follows:
DIVISION lll—AVIATION WORKER RELIEF
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—AVIATION WORKER RELIEF
Sec. 101. Pandemic relief for aviation workers.
Sec. 102. Procedures for financial assistance.
Sec. 103. Terms and conditions.
Sec. 104. Reports.
Sec. 105. Coordination.
TITLE II—LABOR PROTECTIONS
Sec. 201. Assistance irrespective of labor costs.
Sec. 202. Collective bargaining and snap-back.
Sec. 203. Protection of organizing activity.
Sec. 204. Working and travel conditions.
Sec. 205. Labor union representation on air carrier boards.
Sec. 206. Furloughed worker protections.
Sec. 207. Healthcare for unprotected workers.
Sec. 208. Employee wages and leave.
Sec. 209. Limitation on rejection of collective bargaining agreements.
Sec. 210. Increased wage priority.
Sec. 211. Rejection of collective bargaining agreements.
TITLE III—AIRLINE INDUSTRY FINANCIAL OVERSIGHT
Sec. 301. Creation of Office of Airline Industry Financial Oversight.
Sec. 302. Responsibilities of Office of Airline Industry Financial Oversight.
Sec. 303. Access to information.
Sec. 304. Reports to Congress.
Sec. 305. Rulemaking authority.
Sec. 306. Authorization of appropriations.
TITLE IV—AIRPORT RELIEF
Sec. 401. Emergency pandemic funding for airports.
Sec. 402. Maintaining pre-crisis airport improvement program levels.
Sec. 403. National aviation preparedness plan.

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752
TITLE V—SMALL COMMUNITY AIR SERVICE
Sec. 501. Continuation of certain air service.
Sec. 502. Tolling of EAS limitations.
Sec. 503. Sunset.
TITLE VI—CONSUMER PROTECTIONS
Sec. 601. Airline price gouging during disaster or emergency.
Sec. 602. Airline refunds during national disasters or emergencies.
Sec. 603. Conditions on airline ancillary fees.
TITLE VII—ENVIRONMENTAL PROTECTIONS
Sec. 701. Sustainable aviation fuel development program.
Sec. 702. Airline Assistance to Recycle and Save Program.
Sec. 703. Expansion of voluntary airport low emission program.
Sec. 704. Airline carbon emissions offsets and goals.
Sec. 705. Research and development of sustainable aviation fuels.
Sec. 706. Improving consumer information regarding release of greenhousegases from flights.
Sec. 707. Study on certain climate change mitigation efforts.
TITLE VIII—MISCELLANEOUS
Sec. 801. Separability.
Sec. 802. Application of law.

1

SEC. 2. DEFINITIONS.

2

Unless otherwise specified, the terms in section

3 40102(a) of title 49, United States Code, shall apply to
4 this division, except that—5(1) the term ‘‘contractor’’ means a person that

6

performs airport ground support or catering func-

7

tions under contract with a passenger air carrier;

8

and

9

(2) the term ‘‘employee’’ means an individual,

10

other than a corporate officer, who is employed by

11

an air carrier or contractor.

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753

2

TITLE I—AVIATION WORKER
RELIEF

3

SEC. 101. PANDEMIC RELIEF FOR AVIATION WORKERS.

14(a) FINANCIAL ASSISTANCE.—Notwithstanding any

5 other provision of law, the President shall take the fol6 lowing actions to preserve aviation jobs and compensate
7 airline industry workers:
8(1) Issue grants that shall exclusively be used

9

for the continuation of payment of employee wages,

10

salaries, and benefits to—11(A) specified entities, in an aggregate

12amount equal to $37,000,000,000; and13(B) contractors of air carriers, in an ag-

14gregate amount equal to $3,000,000,000.

15(2) Subject to section 102(c), issue unsecured

16loans and loan guarantees to air carriers in amounts

17

that

18

$21,000,000,000.

19(b) ASSURANCES.—To be eligible for assistance

do

not,

in

the

aggregate,

exceed20 under this section, an air carrier shall enter into an agree21 ment with the Secretary of Transportation, or otherwise
22 certify, as determined appropriate by the President, that
23 such air carrier shall comply with any actions required
24 under this division.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7541(c) ADMINISTRATIVE EXPENSES.—Notwithstanding

2 any other provision of law, the Secretary may use
3 $100,000,000 of the funds made available under section
4 101(a)(2) for costs and administrative expenses associated
5 with the provision of loans or guarantees authorized under
6 such section.
7(d) SPECIFIED ENTITY DEFINED.—In this section,

8 the term ‘‘specified entity’’ means—
9(1) an air carrier that is authorized to conduct

10

operations under part 121 of title 14, Code of Fed-11eral Regulations; or

12(2) an air carrier that is authorized to conduct

13

operations under part 135 of title 14, Code of Fed-14

eral Regulations, that—

15(A) transports passengers by aircraft on a16

scheduled basis; or

17(B) transports property or mail by aircraft18
19

on a scheduled or unscheduled basis.
SEC. 102. PROCEDURES FOR FINANCIAL ASSISTANCE.

20(a) AWARDABLE AMOUNTS.—The President shall dis-

21 burse grants under section 101(a)(1)—22(1) to a specified entity (as such term is defined23

in section 101(d)), in an amount equal to the sala-24

ries and benefits reported by the air carrier to the25

Department of Transportation pursuant to part 241

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755
1

of title 14, Code of Federal Regulations, for the pe-2riod from April 1, 2019, through September 30,

3

2019;

4

(2) to a specified entity (as such term is defined5

in section 101(d)) that does not transmit reports

6

under such part 241, in an amount that such air

7carrier certifies, using sworn financial statements or

8other appropriate data, as the amount of wages, sal-

9aries, benefits, and other compensation that such air

10carrier paid the employees of such air carrier during

11

the period from April 1, 2019, through September

1230, 2019; and13(3) to a contractor, in an amount that the con-14

tractor certifies, using sworn financial statements or15

other appropriate data, as the amount of wages, sal-

16

aries, benefits, and other compensation that such17

contractor paid the employees of such contractor

18

during the period from April 1, 2019, through Sep-

19

tember 30, 2019.

20(b) DEADLINES AND PROCEDURES.—

21(1) PROCEDURES.—The President shall publish

22

streamlined and expedited procedures—

23(A) not later than 5 days after the date of

24

enactment of this Act for air carriers and con-

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1

tractors to submit requests for compensation

2

under section 101(a)(1); and3(B) not later than 30 days after the date4of enactment of this Act for air carriers to sub-5

mit requests for loans and loan guarantees

6

under section 101(a)(2).

7(2) ISSUANCE OF GRANTS.—The President shall8

award initial grants under section 101(a)(1) not9later than 10 days after the date of enactment of

10

this Act.

11(3) DISCRETIONARY GRANTS.—For any funds

12

made available under paragraph (1) of section

13

101(a) that remain available after the issuance of

14

grants pursuant to paragraph (2) of such section,15

the President shall determine an appropriate method

16

for the timely distribution of the remaining funds in17

an equitable manner to air carriers for the payment

18of employee wages, salaries, and benefits.

19(c) INTEREST RATES.—A loan issued under section

20 101(a)(2) shall provide for repayment with no interest for
21 a period of at least 1 year after the loan is issued. The
22 President may otherwise provide for repayment at an in23 terest rate commensurate with the level of risk associated24 with the loan.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML7571(d) PRIORITY OF GOVERNMENT CLAIM.—In any pro-

2 ceeding initiated by an air carrier under chapter 7 or 11
3 of title 11, United States Code, with outstanding debt on
4 a loan provided under section 101(a)(2), any claim by the
5 Government with respect to such debt shall assume the
6 highest status of any other claim against such air carrier,
7 whether secured or unsecured.
8(e) AUDITS.—The inspector general of the Depart-

9 ment of Transportation may audit certifications under
10 subsection (a)(2).
11

SEC. 103. TERMS AND CONDITIONS.

12(a) SHARE REPURCHASES.—

13(1) IN GENERAL.—Notwithstanding any other14

provision of law, an air carrier receiving assistance15

under section 101 may not purchase an equity inter-16

est of such air carrier on a national securities ex-

17change using such assistance.

18(2) NO FORCE OR EFFECT.—Section 240.10b–

19

18 of title 17, Code of Federal Regulations, shall20

have no force or effect.

21(3) RULE OF CONSTRUCTION.—Nothing in this22

section may be construed to affect tender offers sub-23

ject to section 240.13e–4 and sections 240.14e–1

24through 240.14f–1 of title 17, Code of Federal Reg-25

ulations.

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758
1(4) DEFINITIONS.—In this subsection:

2(A) EXCHANGE.—The term ‘‘exchange’’

3

has the meaning given the terms in section 3 of

4

the Securities Exchange Act of 1934 1(155

U.S.C. 78c).

6(B) NATIONAL SECURITIES EXCHANGE.—

7

The term ‘‘national securities exchange’’ means

8an exchange registered under section 6 of the9

Securities Exchange Act of 1934 (15 U.S.C.

10

78f).

11

(b) PROHIBITION ON USE OF FUNDS FOR PAYMENTS

12

TO SHAREHOLDERS OR BONDHOLDERS.—An air carrier

13 receiving financial assistance under section 101 may not
14 use the proceeds of such assistance to make any distribu15 tion of funds to shareholders or bondholders, including
16 stock dividends.
17(c) EXECUTIVE COMPENSATION.—

18(1) IN GENERAL.—The President may provide

19

financial assistance under section 101 to an air car-20

rier only if such air carrier enters into a legally21binding agreement with the President that, during

22

the 10-year period following the date of enactment

23of this Act, the air carrier’s chief executive officer

24

will receive, from the air carrier—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML759
1(A) during any 12 consecutive months of2such 10-year period, total compensation not in

3

excess of an amount that is 50 times the me-4dian compensation earned by all employees of5such air carrier in calendar year 2019; and6(B) severance pay or other benefits upon

7

termination of employment with the air carrier

8

not in excess of the maximum total compensa-

9tion received from the air carrier in calendar

10

year 2019.

11(2) TOTAL COMPENSATION DEFINED.—In this12

subsection, the term ‘‘total compensation’’ includes

13

salary, bonuses, awards of stock, and other financial

14

benefits provided by an air carrier to an officer or

15

employee of the air carrier.

16(d) FINANCIAL PROTECTION OF GOVERNMENT.—

17(1) IN GENERAL.—To the extent to which any

18participating air carrier accepts financial assistance,

19

in the form of accepting the proceeds of any loans

20

guaranteed by the government under this title, the21

President is authorized to enter into contracts under

22

which the Government, contingent on the financial

23

success of the participating corporation, participate

24

in the gains of the participating corporation or its

25

security holders through the use of such instruments

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML760
1

as warrants, stock options, common or preferred2

stock, or other appropriate equity instruments.

3(2) DEPOSITS IN TREASURY.—All amounts col-4

lected by the President under this subsection shall5

be deposited in the Treasury as miscellaneous re-6

ceipts.

7(e) AIR CARRIER MAINTENANCE OUTSOURCING.—

8(1) IN GENERAL.—A passenger air carrier re-9

ceiving assistance under section 101 may not apply

10

the proceeds of such assistance toward a contract for11

heavy maintenance work at a facility located outside

12of the United States if such contract would increase

13

the proportion of maintenance work performed out-

14

side of the United States to all maintenance work15

performed by or on behalf of such air carrier at any

16

location.

17(2) DEFINITION.—In this section, the term

18‘‘heavy maintenance work’’ has the meaning given

19

the term in section 44733(g)(1) of title 49, United

20

States Code.

21

SEC. 104. REPORTS.

22(a) REPORT.—Not later than October 1, 2020, the23 President shall submit to the Committee on Transpor24 tation and Infrastructure of the House of Representatives
25 and the Committee on Commerce, Science, and Transpor-

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761
1 tation of the Senate a report on the financial status of
2 the air carrier industry, including a description of each
3 grant or loan issued under section 101.
4(b) UPDATE.—Not later than the last day of the 1-

5 year period following the date of enactment of this Act,
6 the President shall update and submit to the Committee
7 on Transportation and Infrastructure of the House of
8 Representatives and the Committee on Commerce,
9 Science, and Transportation of the Senate the report de10 scribed in subsection (a).
11

SEC. 105. COORDINATION.

12

In implementing this title with respect to air carriers,

13 the Secretary shall coordinate with the Secretary of
14 Transportation.
15

TITLE II—LABOR PROTECTIONS

16

SEC. 201. ASSISTANCE IRRESPECTIVE OF LABOR COSTS.

17

The President, or any department, agency, or actor

18 of the Federal government, may not condition the provi19 sion of any financial assistance under section 101(a) of
20 this ødivision¿ or section 13 of the Federal Reserve Act
21 (12 U.S.C. 261 et seq.) on an air carrier’s implementation
22 of measures to reduce labor costs or to enter into negotia23 tions with the certified bargaining representative of a craft
24 or class of employees of the air carrier under section 2

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML762
1 of the Railway Labor Act (45 U.S.C. 152) regarding pay
2 or other terms and conditions of employment.
3

SEC. 202. COLLECTIVE BARGAINING AND SNAP-BACK.

4(a) IN GENERAL.—Notwithstanding any other provi-

5 sion of law, any contractual relief or reduction to rates
6 of pay, rules, and working conditions agreed to by the au7 thorized representatives of the employees of an air carrier,
8 or otherwise imposed on such employees, during or as re9 sult of the pandemic of the coronavirus COVID–19 by an
10 air carrier that receives financial assistance under section
11 101 shall be terminated within 6 months, unless the au12 thorized representatives of the employees choose to make13 an alternative agreement with the air carrier.
1415(b) DEFINITIONOFAUTHORIZED REPRESENTA-

TIVE.—In this section, the term ‘‘authorized representa-

16 tive’’ means an exclusive representative of employees with17 in the meaning of section of the Railway Labor Act (4518 U.S.C. 152).
19

SEC. 203. PROTECTION OF ORGANIZING ACTIVITY.

20

A person receiving financial assistance under section

21 101 shall remain neutral in any communications with em22 ployees with respect to any efforts of an employee to orga23 nize, recruit, or assist in the organizing a labor organiza24 tion.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML763
1

SEC. 204. WORKING AND TRAVEL CONDITIONS.

2

A person receiving financial assistance under section

3 101 shall adhere to guidance published by the Centers for
4 Disease Control and Prevention and applicable public
5 health authorities for the duration of the national emer6 gency declared by the President under the National Emer7 gencies Act (50 U.S.C. 1601 et seq.) related to the pan8 demic of the coronavirus COVID–19 for providing safe
9 conditions for employees and passengers, including pro10 viding employees with adequate and sufficient personal
11 protective equipment and ensuring all aircraft and facili12 ties owned or operated by such air carrier are clean and13 sanitary.
14

SEC. 205. LABOR UNION REPRESENTATION ON AIR CAR-

15

RIER BOARDS.

16

An air carrier receiving financial assistance under

17 section 101 shall designate at least one seat on the air
18 carrier’s board of directors for an individual who is a
19 member or officer of a labor organization representing air
20 carrier employees, with such individual to be named by
21 such organization.
22

SEC. 206. FURLOUGHED WORKER PROTECTIONS.

23

An air carrier receiving financial assistance under

24 section 101 shall take such action as is necessary to ensure
25 that, with respect to the national emergency declared by
26 the President under the National Emergencies Act (50
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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML764
1 U.S.C. 1601 et seq.) related to the pandemic of the
2 coronavirus COVID–19—
3(1) if an employee of such air carrier was pro-4

vided health insurance benefits or other welfare ben-5

efits described in subparagraph (A) or (B) of section

63(1) of the Employee Retirement Income Security

7

Act of 1974 (29 U.S.C. 1002(1)) from the air car-8rier prior to such emergency, such employee shall re-9tain such benefits at an equivalent rate for the dura-

10tion of such emergency;

11(2) employees of such air carrier are credited

12

any furlough time taken as a result of the pandemic

13

for years of service for purposes of any employee

14

benefit plan (as defined in section 3(3) of the Em-

15

ployee Retirement Income Security Act of 1974 (2916

U.S.C. 1002(3)) with respect to which the employee

17

is a participant; and18(3) an employee of such air carrier who is vol-19

untarily or involuntarily furloughed as a result of20

the national emergency declared by the President

21

under the National Emergencies Act (50 U.S.C.

22

1601 et seq.) related to the pandemic of the23

coronavirus COVID–19 may, upon reemployment or

24

recall to such air carrier, be entitled to the following

25

benefits under an employee pension benefit plan that

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765
1such employee would have received if the employee2

had remained continuously employed with the air

3carrier, similar to benefit rights under subchapter II

4of chapter 43 of title 38, United States Code:

5(A) An employee shall be treated as not6

having incurred a break in service with the em-

7ployer or employers maintaining the plan by

8reason of the furlough.

9(B) The period of furlough shall be deemed10

to constitute service with the employer or em-

11ployers maintaining the plan for purposes of

12vesting, participation, and determining the em-

13ployee’s benefit accruals.

14(C) An employee shall be entitled to make-15

up missed employee contributions or elective de-16

ferrals that could have been made to a qualified

17

defined contribution plan during the period of18

furlough. Makeup contributions under this19

paragraph may be made during the period be-

20

ginning on the date of recall and whose dura-

21

tion is three times the period of the furlough,22such payment period not to exceed 5 years.

23(D) The employer reemploying or recalling24

such employee shall contribute all employer con-25

tributions that the employer would have made

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML766
1

on behalf of such employee to qualified defined2

contribution plans, including plans commonly3

known as 401(k) plans, if the employee had re-4

mained continuously employed.

5(E) If employer contributions to a plan are

6contingent on the employee making an employee

7

contribution or elective deferral, the employer

8

contribution is required only to the extent the9employee makes the payment to the plan with

10

respect to such contributions or deferrals. No

11such payment may exceed the amount the em-

12ployee would have been permitted or required to13

contribute had the employee remained continu-

14

ously employed by the employer throughout the15

period of service. Any payment to the plan de-16

scribed in this paragraph shall be made during

17

the period beginning on the date of recall and18

whose duration is three times the period of the19

person’s furlough, such payment period not to20

exceed 5 years.

21

SEC. 207. HEALTHCARE FOR UNPROTECTED WORKERS.

22(a) IN GENERAL.—The Secretary may not provide

23 any financial assistance under this Act to an air carrier
24 unless the air carrier enters into a legally binding agree25 ment with the Secretary that the air carrier will provide,

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767
1 and will require any contractor, subcontractor, or affiliate
2 of the air carrier, including any contractor, subcontractor,
3 or affiliate that performs airline catering services, to pro4 vide, to all employees, including airline catering employees,
5 health insurance benefits equal to or greater than the
6 hourly health and welfare fringe benefit rate published by
7 the Department of Labor pursuant to the McNamara8 O’Hara Service Contract Act of 1965 (41 U.S.C. 6710–
9 6707) and section 4.52 of title 29, Code of Federal Regu10 lations, for all hours worked by each such employee.
11(b) EFFECTIVE PERIOD.—Subsection (a) shall apply

12 to an air carrier receiving assistance under section 101
13 for the 5-year period beginning on the date on which such
14 assistance was awarded.
15(c) DEFINITIONS.—

16(1) AIRLINE CATERING EMPLOYEE.—The term

17‘‘airline catering employee’’ means an employee who

18

performs airline catering services.

19(2) AIRLINE CATERING SERVICES.—The term

20‘‘airline catering services’’ means preparation, as-21

sembly, or both, of food, beverages, provisions and22

related supplies for delivery, and the delivery of such

23

items, directly to aircraft or to a location on or near24

airport property for subsequent delivery to aircraft.

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768
1

SEC. 208. EMPLOYEE WAGES AND LEAVE.

2(a) WAGES.—Section 6 of the Fair Labor Standards

3 Act of 1938 (29 U.S.C. 206) is amended by adding at
4 the end the following:56‘‘(h) EMPLOYEES IN INDUSTRIES SAVED WITH TAXPAYER DOLLARS.—

7‘‘(1) IN GENERAL.—Notwithstanding any other8

provision of law, subject to the requirements of this9subsection, the wage rate in effect under section

10(a)(1) with respect to an employee of an employer

11

described in paragraph (2), or any individual who

12provides labor or services for remuneration for such

13

employer, regardless of whether the individual is14classified as an independent contractor or otherwise

15

by such employer, shall be not less than $15.00 per

16

hour.

17

‘‘(2) EMPLOYER.—An employer described in18

this paragraph is an employer who—

19‘‘(A) receives financial assistance under20

section 101 of the Emergency Pension Plan Re-

21

lief Act of 2020; or

22‘‘(B) who provides goods or services under23

a contract to an employer who receives financial

24

assistance under such section.

25‘‘(3) TREATMENT OF NON-EMPLOYEES.—An in-

26

dividual who provides labor or services for remunera-

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769
1tion to an employer as described in paragraph (1)2shall be treated as an employee for the purposes of3

sections 10 through 17 of this Act.

4‘‘(4) PERIODOF

APPLICATION.—This

sub-

5

section shall apply to an employer described in para-

6graph (2) for the 10-year period beginning on the7date such assistance was awarded.’’.

8(b) BENEFITS AND LEAVE.— Notwithstanding any

9 other provision of law, an air carrier receiving financial
10 assistance under section 101 shall, for the duration of the
11 national emergency declared by the President under the
12 National Emergencies Act (50 U.S.C. 1601 et seq.) re13 lated to the pandemic of the coronavirus COVID–19—
14(1) satisfy all funding obligations under part 3

15of title I of the Employee Retirement Income Secu-

16

rity Act of 1974 (29 U.S.C. 1081 et seq.) with re-17

spect to each plan to which such part applies and to18

which the air carrier is obligated to contribute for

19plan years beginning or ending during the duration

20of such emergency;21(2) provide employees with a guaranteed wage

22

for every workweek that provides each employee con-23

tinued payments in the amount of 100 percent of24

the employee’s full wages and for the employee’s

25

total expected hours per workweek in the event that

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770
1

the employee is terminated, furloughed, experiences2

a reduction in work hours, or otherwise suffers any

3loss of such wages during such period; and4(3) provide paid medical or sick leave and paid

5

family leave to encourage employees who are diag-6

nosed with or experiencing symptoms of COVID–19

7

or are under quarantine relating to the coronavirus

8pandemic, or caring for a dependent or any indi-

9vidual experiencing such symptoms or under such a10

quarantine.

11

SEC. 209. LIMITATION ON REJECTION OF COLLECTIVE BAR-

12GAINING AGREEMENTS.

13(a) DEFINITIONS.—

14(1) COVERED AIR CARRIER.—The term ‘‘cov-

15

ered air carrier’’ means an air carrier that receives

16

Federal financial assistance.

17(2) COVERED PERIOD.—The term ‘‘covered pe-

18

riod’’, with respect to a covered air carrier, means

19

the period—

20(A) beginning on the date on which the21

covered air carrier first receives Federal finan-

22

cial assistance; and23(B) ending on the date that is 10 years

24

after the date on which the covered air carrier

25

last receives Federal financial assistance.

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771
1(3) DEBTOR IN POSSESSION.—The term ‘‘debt-

2

or in possession’’ has the meaning given such term3

in section 1101 of title 11, United States Code.

4(4) FEDERALFINANCIALASSISTANCE.—The5

term ‘‘Federal financial assistance’’ means financial

6

assistance or a credit instrument received from the7

Federal Government under this Act.

8(5) TRUSTEE.—The term ‘‘trustee’’ means a9trustee appointed in a case commenced by, or com-10

menced against, a covered air carrier under title 11,11

United States Code.

12(b) LIMITATION.—If a covered air carrier commences

13 a case or if an involuntary case is commenced against a
14 covered air carrier under title 11, United States Code,
15 during the covered period with respect to the covered air
16 carrier, the covered air carrier, the debtor in possession,
17 or the trustee may not seek a rejection of, or interim relief
18 from, a collective bargaining agreement under—
19(1) section 1113 of title 11, United States

20

Code; or21
22(2) any other provision of law.
SEC. 210. INCREASED WAGE PRIORITY.

23

Section 507(a) of title 11, United States Code, is

24 amended—25(1) in paragraph (4)—

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1(A) by redesignating subparagraphs (A)2and (B) as clauses (i) and (ii), respectively;

3(B) in the matter preceding clause (i), as4

so redesignated, by inserting ‘‘(A)’’ before

5‘‘Fourth’’;6(C) in subparagraph (A), as so designated,

7

in the matter preceding clause (i), as so redes-

8

ignated—9(i) by striking ‘‘$10,000’’ and insert-10

ing ‘‘$20,000’’;

11(ii) by striking ‘‘within 180 days’’;

12

and

13

(iii) by striking ‘‘or the date of the

14

cessation of the debtor’s business, which-15

ever occurs first,’’; and16(D) by adding at the end the following:17‘‘(B) Severance pay described in subpara-

18

graph(A)(i) shall be deemed earned in full upon

19

the layoff or termination of employment of the20

individual to whom the severance is owed.’’;21(2) in paragraph (5)—22(A) in subparagraph (A)—23(i) by striking ‘‘within 180 days’’; and

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7731(ii) by striking ‘‘or the date of the2

cessation of the debtor’s business, which-3ever occurs first’’; and4(B) by striking subparagraph (B) and in-

5

serting the following:

6‘‘(B) for each such plan, to the extent of7

the number of employees covered by each such

8plan, multiplied by $20,000.’’.

9SEC. 211. REJECTION OF COLLECTIVE BARGAINING AGREE-

10MENTS.

11(a) IN GENERAL.—Section 1113 of title 11, United

12 States Code, is amended by striking subsections (a)13 through (f) and inserting the following:
14‘‘(a) The debtor in possession, or the trustee if one

15 has been appointed under this chapter, other than a trust16 ee in a case covered by subchapter IV of this chapter and
17 by title I of the Railway Labor Act (45 U.S.C. 151 et
18 seq.), may reject a collective bargaining agreement only
19 in accordance with this section. In this section, a reference
20 to the trustee includes the debtor in possession.
21‘‘(b) No provision of this title shall be construed to

22 permit the trustee to unilaterally terminate or alter any
23 provision of a collective bargaining agreement before com24 plying with this section. The trustee shall timely pay all
25 monetary obligations arising under the terms of the collec-

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774
1 tive bargaining agreement. Any such payment required to
2 be made before a plan confirmed under section 1129 is
3 effective has the status of an allowed administrative ex4 pense under section 503.
5‘‘(c)(1) If the trustee seeks modification of a collec-

6 tive bargaining agreement, the trustee shall provide notice
7 to the labor organization representing the employees cov8 ered by the collective bargaining agreement that modifica9 tions are being proposed under this section, and shall
10 promptly provide an initial proposal for modifications to
11 the collective bargaining agreement. Thereafter, the trust12 ee shall confer in good faith with the labor organization,
13 at reasonable times and for a reasonable period in light
14 of the complexity of the case, in attempting to reach mutu15 ally acceptable modifications of the collective bargaining
16 agreement.
17‘‘(2) The initial proposal and subsequent pro-18

posals by the trustee for modification of a collective

19

bargaining agreement shall be based upon a business20

plan for the reorganization of the debtor, and shall21

reflect the most complete and reliable information

22

available. The trustee shall provide to the labor or-

23

ganization all information that is relevant for nego-

24

tiations. The court may enter a protective order to25

prevent the disclosure of information if disclosure

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775
1

could compromise the position of the debtor with re-2spect to the competitors in the industry of the debt-

3

or, subject to the needs of the labor organization to4

evaluate the proposals of the trustee and any appli-

5

cation for rejection of the collective bargaining

6

agreement or for interim relief pursuant to this sec-

7

tion.

8

‘‘(3) In consideration of Federal policy encour-9

aging the practice and process of collective bar-

10

gaining and in recognition of the bargained-for ex-

11pectations of the employees covered by the collective

12

bargaining agreement, modifications proposed by the13

trustee—

14‘‘(A) shall be proposed only as part of a

15

program of workforce and nonworkforce cost16

savings devised for the reorganization of the17

debtor, including savings in management per-18

sonnel costs;

19‘‘(B) shall be limited to modifications de-20

signed to achieve a specified aggregate financial

21

contribution for the employees covered by the22collective bargaining agreement (taking into

23

consideration any labor cost savings negotiated24

within the 12-month period before the filing of25

the petition), and shall be not more than the

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776
1minimum savings essential to permit the debtor

2

to exit bankruptcy, such that confirmation of a3plan of reorganization is not likely to be fol-4

lowed by the liquidation, or the need for further

5

financial reorganization, of the debtor (or any

6

successor to the debtor) in the short term; and7‘‘(C) shall not be disproportionate or overly

8

burden the employees covered by the collective

9

bargaining agreement, either in the amount of10

the cost savings sought from such employees or

11

the nature of the modifications.

12‘‘(d)(1) If, after a period of negotiations, the trustee

13 and the labor organization have not reached an agreement
14 over mutually satisfactory modifications, and further ne15 gotiations are not likely to produce mutually satisfactory
16 modifications, the trustee may file a motion seeking rejec17 tion of the collective bargaining agreement after notice
18 and a hearing. Absent agreement of the parties, no such
19 hearing shall be held before the expiration of the 21-day
20 period beginning on the date on which notice of the hear21 ing is provided to the labor organization representing the
22 employees covered by the collective bargaining agreement.
23 Only the debtor and the labor organization may appear
24 and be heard at such hearing. An application for rejection

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777
1 shall seek rejection effective upon the entry of an order
2 granting the relief.
3‘‘(2) In consideration of Federal policy encour-4

aging the practice and process of collective bar-

5

gaining and in recognition of the bargained-for ex-

6pectations of the employees covered by the collective

7

bargaining agreement, the court may grant a motion

8

seeking rejection of a collective bargaining agree-

9

ment only if, based on clear and convincing evi-

10

dence—

11‘‘(A) the court finds that the trustee has

12complied with the requirements of subsection

13

(c);

14

‘‘(B) the court has considered alternative

15

proposals by the labor organization and has

16

concluded that such proposals do not meet the17

requirements of subsection (c)(3)(B);

18‘‘(C) the court finds that further negotia-

19

tions regarding the proposal of the trustee or20

an alternative proposal by the labor organiza-

21

tion are not likely to produce an agreement;

22‘‘(D) the court finds that implementation

23of the proposal of the trustee shall not—24‘‘(i) cause a material diminution in25

the purchasing power of the employees cov-

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778
1ered by the collective bargaining agree-

2

ment;

3

‘‘(ii) adversely affect the ability of the4

debtor to retain an experienced and quali-

5

fied workforce; or6‘‘(iii) impair the labor relations of the7

debtor such that the ability to achieve a8feasible reorganization would be com-9

promised; and10‘‘(E) the court concludes that rejection of11

the collective bargaining agreement and imme-

12

diate implementation of the proposal of the13

trustee is essential to permit the debtor to exit

14

bankruptcy, such that confirmation of a plan of15

reorganization is not likely to be followed by liq-16

uidation, or the need for further financial reor-

17

ganization, of the debtor (or any successor to18

the debtor) in the short term.

19‘‘(3) If the trustee has implemented a program

20

of incentive pay, bonuses, or other financial returns

21

for insiders, senior executive officers, or the twenty

22

next most highly compensated employees or consult-

23

ants providing services to the debtor during the24bankruptcy, or such a program was implemented

25

within 180 days before the date of the filing of the

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779
1petition, the court shall presume that the trustee has

2failed to satisfy the requirements of subsection

3(c)(3)(C).

4‘‘(4) In no case shall the court enter an order5

rejecting a collective bargaining agreement that

6

would result in modifications to a level lower than7

the level proposed by the trustee in the proposal

8found by the court to have complied with the re-9quirements of this section.

10‘‘(5) At any time after the date on which an

11order rejecting a collective bargaining agreement is

12

entered, or in the case of a collective bargaining

13

agreement entered into between the trustee and the14labor organization providing mutually satisfactory

15

modifications, at any time after that collective bar-

16

gaining agreement has been entered into, the labor

17

organization may apply to the court for an order18

seeking an increase in the level of wages or benefits,

19

or relief from working conditions, based upon

20

changed circumstances. The court shall grant the re-21

quest only if the increase or other relief is not incon-

22

sistent with the standard set forth in paragraph

23(2)(E).

24‘‘(e) During a period during which a collective bar-

25 gaining agreement at issue under this section continues

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780
1 in effect and a motion for rejection of the collective bar2 gaining agreement has been filed, if essential to the con3 tinuation of the business of the debtor or in order to avoid
4 irreparable damage to the estate, the court, after notice
5 and a hearing, may authorize the trustee to implement
6 interim changes in the terms, conditions, wages, benefits,
7 or work rules provided by the collective bargaining agree8 ment. Any hearing under this subsection shall be sched9 uled in accordance with the needs of the trustee. The im10 plementation of such interim changes shall not render the
11 application for rejection moot and may be authorized for
12 not more than 14 days in total.
13‘‘(f)(1) Rejection of a collective bargaining agreement

14 constitutes a breach of the collective bargaining agree15 ment, and shall be effective no earlier than the entry of
16 an order granting such relief.
17‘‘(2) Notwithstanding paragraph (1), solely for

18

purposes of determining and allowing a claim arising19

from the rejection of a collective bargaining agree-20

ment, rejection shall be treated as rejection of an ex-21

ecutory contract under section 365(g) and shall be

22allowed or disallowed in accordance with section

23

502(g)(1). No claim for rejection damages shall be

24

limited by section 502(b)(7). Economic self-help by

25

a labor organization shall be permitted upon a court

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1

order granting a motion to reject a collective bar-2

gaining agreement under subsection (d) or pursuant

3

to subsection (e), and no provision of this title or of4

any other provision of Federal or State law may be

5construed to the contrary.

6‘‘(g) The trustee shall provide for the reasonable fees

7 and costs incurred by a labor organization under this sec8 tion, upon request and after notice and a hearing.
9‘‘(h) A collective bargaining agreement that is as-

10 sumed shall be assumed in accordance with section 365.’’.
11(b) PROHIBITION ON MODIFICATION OF RETIREE

12 BENEFITS.—Section 1114 of title 11, United States Code,13 is further amended by adding at the end the following:
14‘‘(n) Notwithstanding any other provision in this title,

15 the trustee may not modify retiree benefits if the debtor
16 is an air carrier, as such term is defined in section 40102
17 of title 49, United States Code, or an affiliate of such air
18 carrier, that received assistance under the Emergency
19 Pension Plan Relief Act of 2020.’’.

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782

2

TITLE III—AIRLINE INDUSTRYFINANCIAL OVERSIGHT

3

SEC. 301. CREATION OF OFFICE OF AIRLINE INDUSTRY FI-

1

4

NANCIAL OVERSIGHT.

5(a) IN GENERAL.—There is hereby established, with-

6 in the Office of the Secretary of Transportation, the Office
7 of Airline Industry Financial Oversight.
8(b) DIRECTOR OF OFFICE.—The office established

9 under this section shall be headed by a Director, who shall
10 be a career employee of the Department of Transportation
11 and selected on the basis of such individual’s knowledge
12 of financial markets, airline operations, and finance, and13 such other qualifications as the Secretary considers rel14 evant.
15

SEC. 302. RESPONSIBILITIES OF OFFICE OF AIRLINE IN-

16

DUSTRY FINANCIAL OVERSIGHT.

17

The Director of the Office of Airline Industry Finan-

18 cial Oversight shall—
19(1) assess, not less than once every 12 months,

20

the financial fitness of each passenger air carrier

21

conducting operations under part 121 of title 14,22

Code of Federal Regulations;23(2) determine and prescribe minimum capital24

and funding requirements for each such air carrier25

to ensure that no air carrier would be reasonably

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1

likely to become insolvent as the result of a substan-2

tial reduction in demand for air travel following the3

occurrence of a terror attack, pandemic, or other na-

4tional or global event that reduces economic activity;

5(3) require each such air carrier to conduct an6annual stress test to determine the extent of finan-

7

cial stress that the air carrier can withstand before

8

becoming financially insolvent, using at least 3 sets

9of assumptions regarding the severity of financial

10

stress and to report the results of such test to the11

Office for analysis;

12(4) based on an analysis of the stress tests per-13

formed under paragraph (3), annually adjust the14

minimum capital and funding requirements imposed

15

under paragraph (2); and

16(5) impose such other requirements, including

17

through the issuance of regulations, as the director

18

determines necessary to ensure the continued oper-

19

ations of air carriers despite an event described in20paragraph (2).

21

SEC. 303. ACCESS TO INFORMATION.

22(a) IN GENERAL.—In discharging the responsibilities

23 enumerated in section 302, the director or employees of
24 the office may inspect such financial records in an air car-

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1 rier’s possession as the director or employees of the office
2 deem appropriate.
3(b) PROTECTION OF TRADE SECRETS.—The Director

4 and employees of the Office of Airline Industry Financial
5 Oversight shall protect, from public disclosure, any mate6 rial containing trade secrets in the Office’s custody, in ac7 cordance with section 1905 of title 18, United States
8 Code.
9SEC. 304. REPORTS TO CONGRESS.

10

Not later than February 1 of each calendar year, the

11 Director of the office established under section 301 shall
12 submit to the Committee on Transportation and Infra13 structure of the House of Representatives and the Com14 mittee on Commerce, Science, and Transportation of the
15 Senate a report describing each action taken under section
16 302 during the preceding calendar year.
17

SEC. 305. RULEMAKING AUTHORITY.

18

The Secretary may issue such regulations as the Sec-

19 retary determines are necessary to implement the require20 ments of this title.
21

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

22

There is authorized to be appropriated to the Sec-

23 retary of Transportation $3,000,000 for each of fiscal
24 years 2020 through 2023 to carry out this title to remain
25 available until expended.

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785
1

TITLE IV—AIRPORT RELIEF

2

SEC. 401. EMERGENCY PANDEMIC FUNDING FOR AIR-3

PORTS.

4(a) IN GENERAL.—There is authorized to be appro-

5 priated, from the General Fund of the Treasury,
6 $10,000,000,000 for the Secretary of Transportation to
7 issue grants to airport sponsors for the purposes of emer8 gency response, cleaning, sanitization, janitorial services,
9 staffing, workforce retention, paid leave, procurement of
10 protective health equipment and training for employees
11 and contractors, debt service payments, infrastructure
12 projects and airport operations.
13(b) METHODOLOGYFORDISBURSEMENT.—Funds

14 shall be apportioned as set forth in clauses (i) and (ii)
15 of section 47114(c)(1)(C) of title 49, United States Code,16 and there shall be no maximum apportionment limit.
17 Funds provided under this section shall not be subject to18 reduced apportionment under section 47114(f) of such
19 title. Any remaining funds shall be distributed to sponsors
20 based on each airport’s passenger enplanements compared
21 to total passenger enplanements of all airports, for the
22 most recent calendar year the Secretary apportioned funds
23 pursuant to section 47114(c).
24(c) HIGH-NEED AIRPORTS.—The Secretary shall set

25 aside 2 percent of the remaining funds described in subL:\VA\032220\A032220.026.xml
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786
1 section (b) to provide grants to commercial service air2 ports or general aviation airports that demonstrate the
3 highest financial need.
4(d) WORKFORCE RETENTION.—

5(1) IN GENERAL.—Except as otherwise pro-6

vided in this subsection, all airports receiving funds

7

under subsection (a) shall continue to employ,

8through December 31, 2020, at least 90 percent of9

the number of individuals employed by the airport as

10of the date of enactment of this Act.

11(2) WAIVER.—The Secretary may waive the12

workforce retention requirement under this sub-13

section 120 days after the date of enactment of this14

Act if the Secretary determines—

15(A) the airport is experiencing economic

16

hardship as a direct result of the requirement;

17

or

18

(B) the requirement reduces aviation safe-

19

ty or security.

20(3) SMALL AIRPORTS.—This subsection shall21

not apply to nonhub airports or nonprimary airports

22

receiving funds under subsection (c).

23(e) RELIEF TO AIRPORT CONCESSIONS.—An airport

24 sponsor must use at least 2 percent of any funds received
25 under subsection (a) to provide financial relief to airport

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1 concessionaires experiencing economic hardship (in terms
2 of rent, minimum annual guarantees, lease obligations, or
3 other fees). With respect to funds under this subsection,
4 airport sponsors must show good faith efforts to provide
5 relief to small business concerns owned and controlled by
6 socially and economically disadvantaged businesses, as
7 such term is defined under section 47113 of title 49,
8 United States Code.
9(f) COST SHARE.—The Federal share payable of the

10 costs for which a grant is made under this section or under
11 the Consolidated Appropriations Act, 2020 (Public Law
12 116–94) shall be 100 percent.
13(g) QUALITY ASSURANCE.—The Secretary shall insti-

14 tute adequate policies, procedures and internal controls to
15 prevent waste, fraud, abuse and program mismanagement
16 for the distribution of funds under this section.
17(h) AVAILABILITY.—Sums authorized to be appro-

18 priated under this sections shall remain available for 3 fis19 cal years.
20(i) LIMITATIONS.—The funds made available under

21 this section shall not be subject to any limitation on obli22 gations set forth in an appropriations Act as applied to
23 the heading ‘‘Grants-in-Aid for Airports’’.
24(j) ADMINISTRATIVE COSTS.—The Secretary may re-

25 tain up to 0.1 percent of the funds provided under this

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788
1 section to fund the award and oversight of grants made2 under this heading.
3(k) DEFINITIONS.—In this section:

4(1) AIRPORT CONCESSION.—the term ‘‘airport

5

concession’’ means a business, other than air carrier,

6

located on an airport that is engaged in the sale of7

consumer goods or services to the public under an

8agreement with an airport, another concessionaire,9or the owner or lessee of a terminal.

10(2) AIRPORT;

GENERAL

AVIATIONAIRPORT;

11

NONHUB AIRPORT; SPONSOR.—The terms ‘‘airport’’,12‘‘general aviation airport’’, ‘‘nonhub airport’’, and13‘‘sponsor’’ have the meanings given those terms in

14

section 47102 of title 49, United States Code.

15(3) COMMERCIAL SERVICE AIRPORT.—The term

16‘‘commercial service airport’’ means a public use air-17

port that reported at least 2500 passenger boardings

18

at such airport during fiscal year 2018.

19

SEC. 402. MAINTAINING PRE-CRISIS AIRPORT IMPROVE-

20

MENT PROGRAM LEVELS.

21

Section 47114(c)(1) of title 49, United States Code,22 is amended by adding at the end the following:
23‘‘(J) SPECIAL RULE FOR FISCAL YEARS

24

2021

25

paragraph (A), the Secretary shall apportion to

THROUGH

2023.—Notwithstanding

sub-

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1

a sponsor of an airport under that subpara-

2graph for each of fiscal years 2021 through32023 an amount based on the number of pas-4

senger boardings at the airport during calendar

5

year 2018 if the number of passenger boardings

6

at the airport during calendar year 2018 are

7higher than the number of passenger boardings

8that would be otherwise calculated under sub-9

paragraph (A).’’.

10

SEC. 403. NATIONAL AVIATION PREPAREDNESS PLAN.

11(a) IN GENERAL.—The Secretary of Transportation,

12 in coordination with the Secretary of Health and Human
13 Services, the Secretary of Homeland Security and other14 appropriate stakeholders, shall develop a national aviation
15 preparedness plan for communicable disease outbreaks.
16(b) CONTENTS OF PLAN.—A plan developed under

17 subsection (a) shall, at a minimum—
18(1) require involvement from multiple airports

19

on a national level;20(2) provide airports and air carriers with an

21

adaptable and scalable framework with which to22align their individual plans;

23(3) improve coordination among airports, air

24carriers, Customs and Border Patrol, the Centers

25

for Disease Control and Prevention, and other ap-

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1propriate Federal stakeholders on developing policies

2that increase the effectiveness of screening, quaran-

3

tining, and contact-tracing with respect to inbound4

passengers; and5(4) fully incorporate elements referenced in the6

recommendation of the Comptroller General of the

7

United States to the Secretary of Transportation

8

contained in Report No. GAO 16–127.

TITLE V—SMALL COMMUNITYAIR SERVICE

9
10
11

SEC. 501. CONTINUATION OF CERTAIN AIR SERVICE.

12(a) ACTIONOF

SECRETARY.—The Secretary of

13 Transportation shall take appropriate action to ensure
14 that all communities that receive scheduled air service be15 fore March 1, 2020, continue to receive adequate air
16 transportation service and that essential air service to17 small communities continues without interruption and in
18 a manner that maintains well-functioning heath care sup19 ply chains, including medical device, medical supplies, and20 pharmaceutical supply chains.
21(b) ANTITRUST IMMUNITY.—The Secretary may

22 grant an exemption under section 41308 of title 49,
23 United States Code, to 2 air carriers for the limited pur24 pose of such cooperation as is necessary to ensure that

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1 small communities continue to receive an adequate level
2 of air transportation service.
3

SEC. 502. TOLLING OF EAS LIMITATIONS.

4The Secretary may not order the termination of es-

5 sential air service on the basis of the applicable place fail6 ing to meet the definition of an eligible place under sub7 paragraph (B) or (C) of section 41731(a)(1) of title 49,
8 United States Code, if such community was otherwise an
9 eligible place as defined under section 41731 of such title
10 on March 1, 2020.
11

SEC. 503. SUNSET.

12

The requirements of this title, and any order issued

13 by the Secretary under this title, shall sunset on the day
14 that is 6 months after the last effective date of a national
15 emergency declared by the President under the National
16 Emergencies Act (50 U.S.C. 1601 et seq.) related to the17 pandemic of the coronavirus COVID–19.

19

TITLE VI—CONSUMERPROTECTIONS

20

SEC. 601. AIRLINE PRICE GOUGING DURING DISASTER OR

18

21

EMERGENCY.

22(a) IN GENERAL.—Section 41712 of title 49, United

23 States Code, is amended by adding at the end the fol24 lowing:

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792
1
2

‘‘(d) AIRFARE PRICING AND FEES DURING DISASTER OR OTHER EMERGENCY.—

3‘‘(1) IN GENERAL.—It shall be an unfair or de-4

ceptive practice under subsection (a) for any ticket

5

agent, air carrier, foreign air carrier, or other person

6selling or offering to sell a ticket for air transpor-

7

tation on a covered flight to—8‘‘(A) impose any unreasonable increase in9

the price of such ticket, as compared to the10ticket price in effect on the day on which a11flight becomes a covered flight; and12‘‘(B) charge any fee for a change to, or

13cancellation of, such ticket, or for any dif-14

ference in fare for an itinerary change.

15‘‘(2) COVERED FLIGHT DEFINED.—In this sub-16

section, the term ‘covered flight’ means a flight of17

an air carrier or foreign air carrier departing from,18

or arriving at, an airport located in an area with re-19

spect to which—

20‘‘(A) a major disaster or emergency de-21

clared by the President under the Robert T.

22

Stafford Disaster Relief and Emergency Assist-

23

ance Act (42 U.S.C. 5121 et seq.) is in effect24

and State or local authorities have ordered a

25

mandatory evacuation;

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1‘‘(B) a public health emergency declared2

pursuant to section 319 of the Public Health3

Service Act (42 U.S.C. 247d) is in effect;4‘‘(C) a national emergency declared by the5

President under the National Emergencies Act

6(50 U.S.C. 1601 et seq.) is in effect; or7‘‘(D) a restriction on air travel is in effect,8

including restrictions on non-essential air trans-

9

portation or nationwide bans imposed on air

10transportation during a disaster, emergency, or

11pandemic.

12‘‘(3) SAVINGS PROVISION.—Nothing in this sub-13

section, or the amendment made by this subsection,14

may be construed to limit or otherwise affect any re-15

sponsibility of any ticket agent, air carrier, or for-16

eign air carrier or other person offering to sell a17ticket for air transportation during a major disaster18

or emergency.’’.

19

SEC. 602. AIRLINE REFUNDS DURING NATIONAL DISASTERS

20

OR EMERGENCIES.

21(a) IN GENERAL.—Not later than 30 days after the

22 date of enactment of this Act, the Secretary of Transpor23 tation shall require that any covered seller who sells a tick24 et for a passenger to take a covered flight, and either such
25 flight is cancelled by the air carrier or such ticket is can-

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794
1 celed by the passenger, such covered seller shall promptly
2 offer the passenger a choice of—
3(1) a full monetary refund for such ticket, in-4

cluding any ancillary fees paid; and5(2) an alternative compensation method deter-

6

mined appropriate by the covered seller, including

7

credit, voucher, or other mechanism to compensate

8

a passenger.

9(b) CREDIT OR VOUCHER.—An alternative compensa-

10 tion method provided pursuant to subsection (a)(2) may
11 not expire for at least 1 year date of the covered flight.
12(c) DEFINITIONS.—In this section, the following defi-

13 nitions apply:
14(1) COVEREDFLIGHT.—Theterm ‘‘covered

15

flight’’ has the meaning given to such term in sec-

16

tion 41712(d) of title 49, United States Code.

17(2) COVEREDSELLER.—Theterm ‘‘covered

18

seller’’ means a ticket agent, air carrier, foreign air

19carrier, or other person offering to sell a ticket for20

air transportation.

21

SEC. 603. CONDITIONS ON AIRLINE ANCILLARY FEES.

22(a) IN GENERAL.—Not later than 90 days after the

23 date of enactment of this Act, the Secretary of Transpor24 tation shall require covered air carriers to report to the
25 Secretary of Transportation, not less than quarterly, all

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1 ancillary revenues collected by the air carrier during the
2 quarter for which the report is provided.
3(b) CONTENTS.—In implementing the requirement

4 under paragraph (1), the Secretary shall require reporting
5 of ancillary revenues from, at a minimum, the following
6 optional fees or charges:
7(1) Booking fees, including fees for telephone8

reservations.

9(2) Fees for priority check-in and security

10

screening.

11(3) Fees for the transportation of carry-on, first12

checked, second checked, excess, and oversized or

13

overweight baggage.

14(4) Fees for transportation of in-flight medical

15

equipment.

16(5) Fees for in-flight entertainment, beverages,

17

and food.

18(6) Fees for internet access.

19(7) Fees for seating assignments.

20(8) Fees for reservation cancellation and21change.

22(9) Charges for lost tickets.

23(10) Revenue from the sale of travel insurance

24(11) Fees for unaccompanied minor and pas-

25

senger assistance.

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1(12) Fees for pets.

2(c) DEFINITIONS.—In this section, the following defi-

3 nitions apply:
4(1) ANCILLARY REVENUES.—The term ‘‘ancil-

5lary revenues’’ means charges paid by airline pas-

6

sengers that are not included in the standard ticket

7

fare.

8

(2) COVERED AIR CARRIER.—

9(A) IN GENERAL.—The term ‘‘covered air

10carrier’’ means an air carrier covered under11

part 241 of title 14, Code of Federal Regula-

12

tions.

13(B) EXCLUSION.—The term ‘‘covered air

14carrier’’ excludes air carriers with annual reve-

15

nues of less than $20,000,000.

17

TITLE VII—ENVIRONMENTAL
PROTECTIONS

18

SEC. 701. SUSTAINABLE AVIATION FUEL DEVELOPMENT

16

19

PROGRAM.

20(a) IN GENERAL.—The Secretary of Transportation,

21 in consultation with the Department of Agriculture and22 the Environmental Protection Agency, may make competi23 tive grants to eligible entities to offset the cost of a project
24 to develop, transport, or store sustainable aviation fuels

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1 that would reduce United States greenhouse gas emis2 sions.
3(b) SELECTION.—In making grants under subsection

4 (a), the Secretary shall consider—5(1) the anticipated public benefits of the

6

project;

7(2) the potential to increase the commercial ap-

8plication of sustainable aviation fuels among the9United States commercial aviation and aerospace in-10

dustry;11(3) the potential greenhouse gases emitted from12

the project;

13(4) the potential for new job creation; and

14(5) the potential the project has in reducing

15

United States greenhouse gas emissions associated16with air travel.

17(c) AUTHORIZATIONOFAPPROPRIATIONS.—There

18 are authorized to be appropriated $200,000,000 for each
19 of the fiscal years 2021 through 2026 to carry out this
20 section.
21(d) REPORT.—Not later than October 1, 2024, the

22 Secretary shall submit to the Committee on Commerce,
23 Science, and Transportation, the Committee on Environ24 ment and Public Works, and the Committee on Agri25 culture, Nutrition, and Forestry of the Senate, and the

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798
1 Committee on Transportation and Infrastructure, the2 Committee on Energy and Commerce, and the Committee
3 on Agriculture of the House of Representatives, a report
4 describing the results of the grant program authorized by
5 this section. The report shall include the following:
6(1) A description of the entities and projects

7

that received grants under this section.

8(2) Description of whether the program is lead-9

ing to an increase in commercial application of sus-

10

tainable aviation fuels by United States aviation and11aerospace industry stakeholders.

12(3) The economic impacts resulting from the13

grants to and operation of the project.

14(e) ELIGIBILITY.—Entities eligible to receive a grant

15 under this section shall include State and local govern16 ments, nongovernmental entities, air carriers, airports,
17 and businesses engaged in the development, transpor18 tation, or storage of sustainable aviation fuels.
19(f) DEFINITION OF SUSTAINABLE AVIATION FUEL.—

20 The term ‘‘sustainable aviation fuel’’ means liquid fuel21 consisting of synthesized hydrocarbons which meets the
22 requirements of ASTM International Standard D7566 or
23 ASTM International Standard D1655, Annex A1, sub24 section A.1.2.2, and is derived from biomass (as defined
25 in section 45K(c)(3) of the Internal Revenue Code of

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1 1986), waste streams, or gaseous carbon oxides, conforms
2 to the standards, recommended practices and guidance
3 agreed to by the United States pursuant to the European
4 Union Emissions Trading Scheme Prohibition Act of 2011
5 (Public Law 112–200) for addressing aircraft emissions,
6 and achieves at least a 30 percent reduction in greenhouse
7 gas emissions on a lifecycle basis compared to conventional
8 jet fuel.
9

SEC. 702. AIRLINE ASSISTANCE TO RECYCLE AND SAVE

10PROGRAM.

11(a) ESTABLISHMENT.—Not later than 90 days after

12 the date of enactment of this Act, the Secretary shall es13 tablish and carry out a program, to be known as the ‘‘Air14 line Assistance to Recycle and Save Program’’, under
15 which the Secretary shall purchase high-polluting aircraft
16 from air carriers in exchange for commitments from such
17 air carriers to purchase fuel-efficient aircraft.
18(b) APPLICATION.—To be eligible for the program es-

19 tablished under subsection (a), an air carrier shall submit
20 to the Secretary an application at such time, in such man21 ner, and containing such information as the Secretary may
22 require, including a description of an high-polluting air23 craft of the air carrier.
24(c) PROGRAM REQUIREMENTS.—

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800
1(1) LIST OF ELIGIBLE AIRCRAFT.—In carrying

2

out the program established under subsection (a),3the Secretary, in consultation with the Adminis-

4

trator, shall prepare, maintain, publicize, and make5

available through a publicly available website, lists of6

aircraft that are—

7(A) high-polluting aircraft; and

8(B) fuel-efficient aircraft that are on the9market or in production.

10(2) COMMITMENT REQUIREMENT.—In carrying

11

out the program established under subsection (a),12

the Secretary shall issue such regulations as are nec-

13

essary to set requirements for the commitment to

14purchase a fuel-efficient aircraft described in sub-15

section (a), including a timing requirement for the16purchase of a fuel-efficient aircraft.

17(d) USEOF

PURCHASED AIRCRAFT.—Notwith-18 standing any other provision of law, the Secretary may
19 sell, to an air carrier or eligible foreign air carrier, parts
20 or components of aircraft purchased under this division.
21(e) REGULATIONS.—Not later than 30 days after the

22 date of enactment of this Act, the Secretary shall issue
23 such regulations as are necessary to carry out this section.
24(f) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to carry out the program established under this

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801
1 section $1,000,000,000 and such sums shall remain avail2 able until expended.
3(g) DEFINITIONS.—In this section:

4(1) ADMINISTRATOR.—The term ‘‘Adminis-

5

trator’’ means the Administrator of the Environ-6

mental Protection Agency.

7(2)

AIRCRAFTMANUFACTURER.—The

term

8

‘‘aircraft manufacturer’’ has the meaning given such9

term in section 44301 of title 49, United States

10

Code.

11

(3) ELIGIBLE FOREIGN AIR CARRIER.—

12(A) IN GENERAL.—The term ‘‘eligible for-13

eign air carrier’’ means a foreign air carrier as

14such term is defined in section 40102 of title

15

49, United States Code.

16(B) EXCLUSION.—The term ‘‘eligible for-17

eign air carrier’’ does not include a foreign air

18

carrier that—19(i) is domiciled in a country that is a20

state sponsor of terrorism; or21(ii) has a majority ownership interest

22of individuals or entities domiciled in a23

country that is a state sponsor of ter-24

rorism.

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8021(4) SECRETARY.—The term ‘‘Secretary’’ means

2

the Secretary of Transportation.

3(5) STATE SPONSOR OF TERRORISM.—The term

4‘‘state sponsor of terrorism’’ means a country the5government of which the Secretary of State deter-6

mines has repeatedly provided support for inter-7

national terrorism pursuant to—8(A) section 1754(c)(1)(A) of the Export

9

Control Reform Act of 2018 (50 U.S.C.

104318(c)(1)(A));11(B) section 620A of the Foreign Assistance12

Act of 1961 (22 U.S.C. 2371);

13(C) section 40 of the Arms Export Control

14

Act (22 U.S.C. 2780); or

15(D) any other provision of law.

16

SEC. 703. EXPANSION OF VOLUNTARY AIRPORT LOW EMIS-

17

SION PROGRAM.

18

Section 40117 of title 49, United States Code, is

19 amended—20(1) in subsection (a)(3)(G) by striking ‘‘if the21

airport is located in an air quality nonattainment

22

area (as defined in section 171(2) of the Clean Air

23

Act (42 U.S.C. 7501(2)) or a maintenance area re-24

ferred to in section 175A of such act (42 U.S.C.

25

7505a)’’; and

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1(2) in subsection (b) by adding at the end the2following:

3‘‘(8) PRIORITY OF PROJECTS.—In carrying out

4this section, the Secretary shall prioritize funding

5

for airports in areas located in an air quality non-6

attainment area (as defined in section 171(2) of the7

Clean Air Act (42 U.S.C. 7501(2)) or a maintenance8

area referred to in section 175A of such act (429

U.S.C. 7505a).’’.

10

SEC. 704. AIRLINE CARBON EMISSIONS OFFSETS AND

11

GOALS.

12(a) CARBON OFFSETTING PROGRAM.—13(1) IN GENERAL.—Not later than 90 days after14

the enactment of this Act, the Administrator of the

15

Federal Aviation Administration shall require each16

air carrier receiving assistance under section 101, to17

fully offset the annual carbon emissions of such air

18carriers for domestic flights beginning in 2025.

19(2) VERIFICATION.—In issuing regulations and20

guidance to carry out to paragraph (1), the Admin-

21

istrator shall develop standards and practices to en-22

sure the use of carbon offsets by air carriers are23

real, additional, permanent, verifiable, and not dou-24

ble counted and align with standards, recommended

25

practices, assessment tools, and guidance agreed to

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804
1by the United States pursuant to the European

2Union Emissions Trading Scheme Prohibition Act of32011 (Public Law 112–200) for addressing aircraft

4

emissions.

5(3) AUDITING.—An air carrier covered under

6

this subsection shall take reasonable and continuous

7

measures to ensure any carbon offsets credited to, or

8purchased by, such carrier continue to be accurate.

9(4) CERTIFICATION.—The Administrator shall10

annually certify that an air carrier’s carbon offset-

11

ting program aligns with the standards developed

12

pursuant to paragraph (2).

13(b) CARBON EMISSIONS GOAL.—

14(1) IN GENERAL.—The Administrator of the

15

Federal Aviation Administration shall require each16

air carrier receiving assistance under section 101

17

to—

18

(A) make and achieve a binding commit-

19

ment to reduce the greenhouse gas emissions

20

attributable to the domestic flights of such air

21carrier in every calendar year, beginning with

22

2021, on a path consistent with a 25 percent

23

reduction in the aviation sector’s emissions

24

from 2005 levels by 2035, and a 50 percent re-25

duction in the sector’s emissions from 2005 lev-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML805
1

els by 2050, applying the standards, rec-2

ommended practices, and guidance agreed to by

3

the United States pursuant to the European

4

Union Emissions Trading Scheme Prohibition

5

Act of 2011 (Public Law 112–200) for address-6

ing aircraft emissions; and7(B) submit to the Administrator, annually,8

a report containing a plan for meeting the com-9

mitment described in subparagraph (A) and evi-

10

dence of compliance with such commitment, in-11

cluding the annual emissions of the air carrier,12

use of alternative fuels, and any other means of

13

implementing such commitment.

14(2) CERTIFICATION.—

15(A) IN GENERAL.—Not later than 5 years

16

after the date of enactment of this Act, and not17less frequently than every 5 years thereafter,

18

the Administrator shall certify each air carrier

19

covered under this subsection that is taking

20such actions as are necessary to meet the re-21

quirements established pursuant to paragraph

22

(1).

23

(B) REMEDIATION.—With respect to any

24

air carrier covered under this subsection that25

the Administrator does not certify under sub-

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1

paragraph (A), the Administrator, in consulta-

2tion with such air carrier, shall, not later than3

180 days after the last date on which a certifi-

4

cation could have been made under such sub-5

paragraph, develop a plan to ensure such air

6carrier meets the requirements established pur-7

suant to paragraph (1).

8

(3)

PUBLICINFORMATION.—The

Secretary

9shall make publicly available the reports described in

10paragraph (1).

11(4) LIMITATION.—Nothing in this subsection

12

shall affect or alter the authorities and responsibil-

13

ities to address greenhouse gases under any other14

provision of law.

15(c) INTERNATIONAL COMPETITIVENESS.—In issuing

16 regulations to carry out to subsection (b) and (c), the Ad17 ministrator shall create a mechanism that ensures foreign
18 air carriers that enter the national airspace system have
19 an equivalent emissions reductions target or programs
20 such that the United States airline industry is not at a
21 competitive disadvantage.
22

SEC. 705. RESEARCH AND DEVELOPMENT OF SUSTAINABLE

23

AVIATION FUELS.

24

There is authorized to be appropriated to the Federal

25 Aviation Administration $100,000,000 for each of fiscal

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807
1 years 2021 through 2026 for research and development
2 of sustainable aviation fuels.
3

SEC. 706. IMPROVING CONSUMER INFORMATION REGARD-

4

ING RELEASE OF GREENHOUSE GASES FROM

5

FLIGHTS.

6(a) IN GENERAL.—Not later than January 1, 2023,

7 the Secretary of Transportation shall develop and imple8 ment, by regulation, a program to require air carriers that
9 receive assistance under section 101 provide passengers
10 with information regarding greenhouse gas emissions re11 sulting from each individual flight that is—
12(1) customized to account for such emissions

13

associated with each aircraft and the flight route of

14

such aircraft; and

15(2) made available on the first display of any

16

website selling any ticket for such flight, following a17

search of a requested itinerary in a format that is18

easily visible to the purchaser.

19(b) PUBLIC REPORTING.—The Secretary shall pub-

20 lish monthly data and information that anonymously ag21 gregates and analyzes the information provided to indi22 vidual passengers under to subsection (a). Such informa23 tion and data shall—
24(1) be accessible to the public on the internet;

25

and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8081(2) identify and quantify the greenhouse gas

2emissions and relative climate change impact of each3

passenger air carrier that receives assistance under4

section 101.

5

SEC. 707. STUDY ON CERTAIN CLIMATE CHANGE MITIGA-

6

TION EFFORTS.

7(a) IN GENERAL.—Not later than 90 days after the

8 date of enactment of this Act, the Secretary of Transpor9 tation shall seek to enter into an agreement with the Na10 tional Academies of Sciences, Engineering, and Medicine
11 (referred to in this section as the ‘‘National Academies’’)12 to conduct a study on climate change mitigation efforts
13 with respect to the civil aviation and aerospace industries.
14(b) STUDY CONTENTS.—In conducting the study

15 under subsection (a), the National Academies shall—
16(1) identify climate change mitigation efforts,

17

including efforts relating to emerging technologies,

18

in the civil aviation and aerospace industries;

19(2) develop and apply an appropriate indicator

20

for assessing the effectiveness of such efforts;

21(3) identify gaps in such efforts;

22(4) identify barriers preventing expansion of

23such efforts; and24(5) develop recommendations with respect to25such efforts.

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8091(c) REPORTS.—

2(1) FINDINGS OF STUDY.—Not later than 1

3

year after the date on which the Secretary enters4

into an agreement for a study pursuant to sub-5

section (a), the Secretary shall submit to the appro-

6

priate congressional committees the findings of the7

study.

8(2) ASSESSMENT.—Not later than 180 days

9

after the date on which the Secretary submits the10findings pursuant to paragraph (1), the Secretary,11

acting through the Administrator of the Federal

12

Aviation Administration, shall submit to the appro-

13

priate congressional committees a report that con-14

tains an assessment of the findings.

15(d) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to the Secretary to carry
17 out this section $1,500,000.
18(e) DEFINITIONS.—In this section:

19(1) APPROPRIATECONGRESSIONAL

COMMIT-

20

TEES.—The

21

mittees’’ means the Committee on Transportation

22

and Infrastructure of the House of Representatives,23

the Committee on Commerce, Science, and Trans-

24

portation of the Senate, and other congressional25

committees determined appropriate by the Secretary.

term ‘‘appropriate congressional com-

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1(2) CLIMATE CHANGE MITIGATION EFFORTS.—2

The term ‘‘climate change mitigation efforts’’ means

3

efforts, including the use of technologies, materials,

4

processes, or practices, that contribute to the reduc-5tion of greenhouse gas emissions.

6

TITLE VIII—MISCELLANEOUS

7

SEC. 801. SEPARABILITY.

8

If any provision of this division (including any

9 amendment made by this division) or the application
10 thereof to any person or circumstance is held invalid, the
11 remainder of this division (including any amendment
12 made by this division) and the application thereof to other13 persons or circumstances shall not be affected thereby.
14

SEC. 802. APPLICATION OF LAW.

15

Chapter 83 of title 41, United States Code, shall not

16 apply with respect to purchases made in response to—17(1) the public health emergency declared on

18

January 31, 2020 under section 319 of the Public

19

Health Service Act (42 U.S.C. 247d); or

20(2) the emergency declared by the President on

21

March 13, 2020, under section 501 of the Robert T.

22

Stafford Disaster Relief and Emergency Assistance23

Act (42 U.S.C. 5191) and under any subsequent24

major disaster declaration under section 401 of such

25

Act that supersedes such emergency declaration.

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811

DIVISION S—SBC PROVISIONSDIVISION T—REVENUEPROVISIONS

1
2
3
4

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

5(a) SHORT TITLE.—This division may be cited as the

6 ‘‘Emergency Pension Plan Relief Act of 2020’’.
7(b) TABLE OF CONTENTS.—The table of contents of

8 this division is as follows:
Sec. 1. Short title; table of contents.
TITLE I—HEALTH-RELATED TAX RELIEF
Sec. 101. Payroll credit for COVID–19 charity care provided by hospitals.
Sec. 102. Payroll credit for COVID–19 hospital facility expenditures.
Sec. 103. Restoration of limitations on reconciliation of tax credits for coverage
under a qualified health plan with advance payments of suchcredit.
Sec. 104. Improving affordability by reducing premium costs for consumers.
TITLE II—ECONOMIC STIMULUS
Subtitle A—Economic Assistance Payments
Sec. 201. 2020 economic assistance payments to individuals.
Sec. 202. Economic assistance payments to certain Federal beneficiaries.
Subtitle B—Earned Income Tax Credit
Sec. 211. Strengthening the earned income tax credit for individuals with noqualifying children.
Sec. 212. Taxpayer eligible for childless earned income credit in case of qualifying children who fail to meet certain identification requirements.
Sec. 213. Credit allowed in case of certain separated spouses.
Sec. 214. Elimination of disqualified investment income test.
Sec. 215. Application of earned income tax credit in possessions of the UnitedStates.
Subtitle C—Child Tax Credit
Sec. 221. Child tax credit fully refundable for 2020 through 2025.
Sec. 222. Application of child tax credit in possessions.
Sec. 223. Increased child tax credit for children who have not attained age 6.
Subtitle D—Dependent Care Assistance
Sec. 231. Refundability and enhancement of child and dependent care tax credit.
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812
Sec. 232. Increase in exclusion for employer-provided dependent care assistance.
Subtitle E—Net Operating Losses
Sec. 241. Five-year carryback of net operating losses and temporary suspensionof taxable income limitation.
Subtitle F—Employee Retention Credit
Sec. 251. Payroll credit for certain employers affected by COVID–19.
Subtitle G—Credits for Paid Sick and Family Leave
Sec. 261. Extension of credits.
Sec. 262. Repeal of reduced rate of credit for certain leave.
Sec. 263. Federal, State, and local governments allowed tax credits for paid
sick and paid family and medical leave.
Sec. 264. Credits not allowed to certain large employers.
Sec. 265. Effective date.
TITLE III—ADMINISTRATIVE
Sec. 301. Delay of certain deadlines.
TITLE IV—RETIREMENT PROVISIONS
Sec. 401. Special rules for use of retirement funds.
Sec. 402. Single-employer plan funding rules.
Sec. 403. Temporary waiver of required minimum distribution rules for certain
retirement plans and accounts.
Sec. 404. Modification of special rules for minimum funding standards for community newspaper plans.
Sec. 405. Application of cooperative and small employer charity pension planrules to certain charitable employers whose primary exempt
purpose is providing services with respect to mothers and children.
Sec. 406. Extended amortization for single employer plans.
Sec. 407. Extension of pension funding stabilization percentages for single employer plans.
TITLE V—REHABILITATION FOR MULTIEMPLOYER PENSIONS
Sec. 501. Short title.
Sec. 502. Pension Rehabilitation Administration; establishment; powers.
Sec. 503. Pension Rehabilitation Trust Fund.
Sec. 504. Loan program for multiemployer defined benefit plans.
Sec. 505. Coordination with withdrawal liability and funding rules.
Sec. 506. Issuance of Treasury bonds.
Sec. 507. Reports of plans receiving pension rehabilitation loans.
Sec. 508. PBGC financial assistance.

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813

2

TITLE I—HEALTH-RELATED TAXRELIEF

3

SEC. 101. PAYROLL CREDIT FOR COVID–19 CHARITY CARE

1

4

PROVIDED BY HOSPITALS.

5(a) IN GENERAL.—In the case of an employer which

6 is an eligible hospital, there shall be allowed as a credit
7 against the tax imposed by section 3111(a) of the Internal
8 Revenue Code of 1986 for each calendar quarter an
9 amount equal to 90 percent of the COVID-related charity
10 care furnished by such hospital during such calendar quar11 ter.
12(b) LIMITATIONS AND REFUNDABILITY.—

13(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT14

TAXES.—The credit allowed by subsection (a) with15

respect to any calendar quarter shall not exceed the16

tax imposed by section 3111(a) of such Code for17such calendar quarter (reduced by any credits al-

18

lowed under subsection (e) or (f) of section 3111 of

19such Code, or under section 7001 or 7003 of the20

Families First Coronavirus Response Act, for such

21

quarter) on the wages paid with respect to the em-

22ployment of all employees of the employer.

23(2) REFUNDABILITY OF EXCESS CREDIT.—

24(A) IN GENERAL.—If the amount of the25

credit under subsection (a) exceeds the limita-

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814
1tion of paragraph (1) for any calendar quarter,2

such excess shall be treated as an overpayment

3that shall be refunded under sections 6402(a)4

and 6413(b) of such Code.

5(B) TREATMENT OF PAYMENTS.—For pur-6

poses of section 1324 of title 31, United States

7

Code, any amounts due to an employer under

8

this paragraph shall be treated in the same9

manner as a refund due from a credit provision10

referred to in subsection (b)(2) of such section.

11(c) ELIGIBLE HOSPITAL.—For purposes of this sec-

12 tion, the term ‘‘eligible hospital’’ means a subsection (d)13 hospital as defined in section 1886(d)(1)(B) of the Social
14 Security Act (42 U.S.C. 1395ww(d)(1)(B)) or a critical
15 access hospital (as defined in section 1861(mm)(1) of such
16 Act (42 U.S.C. 1395x(mm)(1)).
17(d) COVID-RELATED CHARITY CARE.—For purposes

18 of this section—
19(1) IN GENERAL.—The term ‘‘COVID-related

20

charity care’’ means, with respect to any eligible

21

hospital, so much of the specified charity care fur-

22

nished by such hospital as relates to items and serv-

23

ices furnished in the United States for the treatment

24

of COVID–19 or a related condition.

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815
1(2) SPECIFIEDCHARITY

CARE.—The

term

2‘‘specified charity care’’ means, with respect to an

3eligible hospital, the cost of charity care of such hos-

4

pital as defined for purposes of the Medicare Cost

5

Report Worksheet S–10.

6(e) SPECIAL RULES.—

7(1) DENIAL OF DOUBLE BENEFIT.—For pur-8

poses of chapter 1 of the Internal Revenue Code of

91986, any deduction otherwise allowable under such

10

chapter for any COVID-related charity care shall be

11

reduced by the amount of the credit allowed under

12

this section with respect to such care.

13(2) DOCUMENTATION.—No credit shall be al-

14

lowed under this section unless the employer main-15

tains such documentation as the Secretary of the16

Treasury (or the Secretary’s delegate) may prescribe17

to establish such employer’s eligibility for the credit

18

allowed under this section (and the amount thereof).

19(3) ELECTION NOT TO HAVE SECTION APPLY.—

20This section shall not apply with respect to any em-

21ployer for any calendar quarter if such employer

22elects (at such time and in such manner as the Sec-23

retary of the Treasury (or the Secretary’s delegate)24

may prescribe) not to have this section apply.

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816
1(4) CERTAIN TERMS.—Any term used in this2

section which is also used in chapter 21 of such3

Code shall have the same meaning as when used in

4such chapter.

5(f) REGULATIONS.—The Secretary of the Treasury

6 (or the Secretary’s delegate) shall prescribe such regula7 tions or other guidance as may be necessary to carry out
8 the purposes of this section, including—
9(1) regulations or other guidance (prescribed

10

after consultation with the Secretary of Health and11

Human Services) which identify specific items and12services which are considered for purposes of sub-13

section (d)(1) to be for the treatment of COVID–19

14

or a related condition,15(2) regulations or other guidance to effectuate16

the purposes of the limitations under this section,17(3) regulations or other guidance to minimize

18

compliance and record-keeping burdens under this19

section,20(4) regulations or other guidance providing for

21

a waiver of penalties for the failure to deposit taxes

22

imposed under section 3111(a) of such Code in an-

23

ticipation of the allowance of the credit allowed

24

under this section,

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817
1(5) regulations or other guidance for recap-

2

turing the benefit of credits determined under this3

section in cases where there is a subsequent adjust-4ment to the credit determined under subsection (a),

5

and

6

(6) regulations or other guidance regarding the7treatment of certified professional employer organi-

8

zations, as described in section 3511 of such Code.

9(g) APPLICATION OF SECTION.—

10(1) IN GENERAL.—This section shall apply only11

to COVID-related charity care which is furnished12

during the period beginning on February 1, 2020,13

and ending on December 31, 2020.

14(2) TREATMENT OF CERTAIN CARE FURNISHED

15

BEFORE DATE OF ENACTMENT.—For

16

this section, any COVID-related charity care which

17

is furnished after January 31, 2020, and before the18calendar quarter which includes the date of the en-19

actment of this Act shall be treated as having been

20

furnished in such calendar quarter.

21(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-

22

VIVORS INSURANCE TRUST FUND.—There are hereby ap-

purposes of

23 propriated to the Federal Old-Age and Survivors Insur24 ance Trust Fund and the Federal Disability Insurance
25 Trust Fund established under section 201 of the Social

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818
1 Security Act (42 U.S.C. 401) amounts equal to the reduc2 tion in revenues to the Treasury by reason of this section
3 (without regard to this subsection). Amounts appropriated
4 by the preceding sentence shall be transferred from the
5 general fund at such times and in such manner as to rep6 licate to the extent possible the transfers which would have7 occurred to such Trust Fund had this section not been
8 enacted.
9(i) COORDINATION WITH DSH PAYMENTS.—Section

10 1886(r) of the Social Security Act (42 U.S.C. 1395ww(r))
11 is amended—
12(1) n paragraph (2), by inserting ‘‘subject to13paragraph (4),’’ before ‘‘for fiscal year 2014’’; and

14(2) by adding at the end the following new

15

paragraph:16‘‘(4) SPECIAL RULE FOR COVID-RELATED CHAR-17

ITY CARE.—The18

first fiscal year in which the factor described in

19paragraph (2)(C) is calculated based on a cost re-20

porting period that includes any portion of calendar

21

year 2020, exclude the amount of the payroll credit

22

for COVID–19 charity care allowed under section

23

101(a) of the Emergency Pension Plan Relief Act of

242020 provided to a subsection (d) hospital, from the25

calculation of such factor.’’.

Secretary shall, beginning in the

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819
1

SEC. 102. PAYROLL CREDIT FOR COVID–19 HOSPITAL FA-

2

CILITY EXPENDITURES.

3(a) IN GENERAL.—In the case of an employer which

4 is an eligible hospital, there shall be allowed as a credit
5 against the tax imposed by section 3111(a) of the Internal
6 Revenue Code of 1986 for each calendar quarter an
7 amount equal to 90 percent of the COVID–19 hospital
8 facility expenditures paid or incurred by such hospital dur9 ing such calendar quarter.
10(b) LIMITATIONS AND REFUNDABILITY.—

11(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT12TAXES.—The credit allowed by subsection (a) with13

respect to any calendar quarter shall not exceed the14

tax imposed by section 3111(a) of such Code for15

such calendar quarter (reduced by any credits al-

16

lowed under subsection (e) or (f) of section 3111 of

17such Code, under section 7001 or 7003 of the Fami-

18

lies First Coronavirus Response Act, or under the19

preceding section of this Act, for such quarter) on

20

the wages paid with respect to the employment of all

21

employees of the employer.

22(2) REFUNDABILITY OF EXCESS CREDIT.—

23(A) IN GENERAL.—If the amount of the24credit under subsection (a) exceeds the limita-

25

tion of paragraph (1) for any calendar quarter,

26

such excess shall be treated as an overpayment

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820
1that shall be refunded under sections 6402(a)2

and 6413(b) of such Code.

3(B) TREATMENT OF PAYMENTS.—For pur-4

poses of section 1324 of title 31, United States

5

Code, any amounts due to an employer under

6

this paragraph shall be treated in the same7

manner as a refund due from a credit provision

8

referred to in subsection (b)(2) of such section.

9(c) ELIGIBLE HOSPITAL.—For purposes of this sec-

10 tion, the term ‘‘eligible hospital’’ means a subsection (d)11 hospital as defined in section 1886(d)(1)(B) of the Social
12 Security Act (42 U.S.C. 1395ww(d)(1)(B)) or a critical
13 access hospital (as defined in section 1861(mm)(1) of such
14 Act (42 U.S.C. 1395x(mm)(1)).
1516(d) COVID–19 HOSPITAL FACILITY EXPENDITURES.—For purposes of this section—17(1) IN GENERAL.—The term ‘‘COVID–19 hos-

18

pital facility expenditures’’ means amounts paid or

19

incurred by an eligible hospital for—20(A) the purchase or construction of a tem-21

porary structure in the United States for speci-

22

fied COVID-related purposes,

23(B) the lease of any structure in the24

United States for specified COVID-related pur-

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821
1

poses if the term of such lease is not greater

2

than 2 years,

3(C) the retrofitting of any existing perma-

4nent structure in the United States for specified

5

COVID-related purposes, and

6(D) any property for use in a structure de-7

scribed in subparagraph (A), (B), or (C) for8

specified COVID-related purposes if such prop-

9

erty is of a character which is subject to the al-

10lowance for depreciation provided in section 167

11of the Internal Revenue Code of 1986.

12(2) SPECIFIEDCOVID-RELATED PURPOSES.—

13

The

14

means the diagnosis, prevention, or treatment of

15

COVID–19 or a related condition.

term‘‘specified

COVID-related

purposes’’16(3) TEMPORARY STRUCTURE.—The term ‘‘tem-

17

porary structure’’ means a tent or such other struc-18

ture which by its design or nature is not suitable to19

serve as a permanent structure.

20

(4)

COORDINATION

WITH

GOVERNMENT

21

GRANTS.—The COVID–19 hospital facility expendi-

22tures taken into account under this section by any

23

eligible hospital shall be reduced by any amounts

24

provided by any Federal, State, or local government

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822
1

for purposes of making or reimbursing such expendi-

2tures.

3(e) SPECIAL RULES.—

4(1) DENIAL OF DOUBLE BENEFIT.—For pur-5

poses of the Internal Revenue Code of 1986—

6(A) the basis of any property with respect

7

to which a credit is allowed under this section

8

shall be reduced by the amount of such credit,

9

and

10

(B) such reduction shall be taken into ac-

11

count before determining the amount of any de-12duction, or allowance for depreciation or amor-

13

tization, with respect to such property for pur-14

poses of such Code.

15(2) RECAPTURE OF GAIN.—If an eligible hos-

16

pital disposes of any property with respect to which

17

a credit was allowed under this section and any gain18

is determined on such disposition under section

191001 of such Code, the tax imposed under chapter

20

1 of such Code on such hospital shall be increased

21

by the amount of such gain. The preceding sentence

22

shall apply without regard to whether such eligible

23

hospital is otherwise exempt from, or not subject to,24

the taxes otherwise imposed under such chapter.

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823
1(3) DOCUMENTATION.—No credit shall be al-2

lowed under this section unless the employer main-3

tains such documentation as the Secretary of the4

Treasury (or the Secretary’s delegate) may prescribe5

to establish such employer’s eligibility for the credit

6

allowed under this section (and the amount thereof).

7(4) ELECTION NOT TO HAVE SECTION APPLY.—

8This section shall not apply with respect to any em-

9ployer for any calendar quarter if such employer

10elects (at such time and in such manner as the Sec-11

retary of the Treasury (or the Secretary’s delegate)

12

may prescribe) not to have this section apply.

13(5) CERTAIN TERMS.—Any term used in this14

section which is also used in chapter 21 of such

15

Code shall have the same meaning as when used in

16

such chapter.

17(f) REGULATIONS.—The Secretary of the Treasury

18 (or the Secretary’s delegate) shall prescribe such regula19 tions or other guidance as may be necessary to carry out
20 the purposes of this section, including—21(1) regulations or other guidance to effectuate22

the purposes of the limitations under this section,23(2) regulations or other guidance to minimize

24

compliance and record-keeping burdens under this25

section,

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML824
1(3) regulations or other guidance providing for2

a waiver of penalties for the failure to deposit taxes

3

imposed under section 3111(a) in anticipation of the4allowance of the credit allowed under this section,5(4) regulations or other guidance for recap-

6

turing the benefit of credits determined under this7

section in cases where there is a subsequent adjust-8ment to the credit determined under subsection (a),9(5) regulations or other guidance (prescribed

10

after consultation with the Secretary of Health and11

Human Services) which identify specific items and12services which are considered for purposes of sub-13

section (d)(2) to be for specified COVID-related pur-14

poses, and

15(6) regulations or other guidance regarding the16

treatment of certified professional employer organi-

17

zations, as described in section 3511 of such Code.

18(g) APPLICATION OF SECTION.—

19(1) IN GENERAL.—This section shall apply only20

to COVID–19 hospital facility expenditures which21

are paid or incurred during the period beginning on

22

February 1, 2020, and ending on December 31,

23

2020.

24

(2) TREATMENT OF CERTAIN EXPENDITURES

25

MADE BEFORE DATE OF ENACTMENT.—For

pur-

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825
1

poses of this section, any COVID–19 hospital facility

2

expenditures which are paid or incurred after Janu-3

ary 31, 2020, and before the calendar quarter which

4

includes the date of the enactment of this Act shall5

be treated as having been furnished in such calendar

6

quarter.

7(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-

8

VIVORS INSURANCE TRUST FUND.—There are hereby ap-

9 propriated to the Federal Old-Age and Survivors Insur10 ance Trust Fund and the Federal Disability Insurance
11 Trust Fund established under section 201 of the Social
12 Security Act (42 U.S.C. 401) amounts equal to the reduc13 tion in revenues to the Treasury by reason of this section
14 (without regard to this subsection). Amounts appropriated
15 by the preceding sentence shall be transferred from the
16 general fund at such times and in such manner as to rep17 licate to the extent possible the transfers which would have18 occurred to such Trust Fund had this section not been
19 enacted.

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826
1

SEC. 103. RESTORATION OF LIMITATIONS ON RECONCILI-2ATION OF TAX CREDITS FOR COVERAGE

3UNDER A QUALIFIED HEALTH PLAN WITH AD-

4

VANCE PAYMENTS OF SUCH CREDIT.

5(a) IN GENERAL.—Section 36B(f)(2)(B)(i) of the In-

6 ternal Revenue Code of 1986 is amended to read as fol7 lows:8‘‘(i) IN GENERAL.—In the case of a

9taxpayer whose household income is less10than 500 percent of the poverty line for11

the size of the family involved for the tax-

12

able year, the amount of the increase

13

under subparagraph (A) shall in no event

14

exceed the applicable dollar amount deter-

15

mined in accordance with the following

16

table (one-half of such amount in the case17of a taxpayer whose tax is determined18

under section 1(c) for the taxable year):‘‘If the household income (expressed as a percent ofpoverty line) is:
Less than 200% ........................................................
At least 200% but less than 250% ...........................
At least 250% but less than 300% ...........................
At least 300% but less than 350% ...........................
At least 350% but less than 400% ...........................
At least 400% but less than 450% ...........................
At least 450% but less than 500% ...........................

The applicable dollar
amount is:$600$1,000$1,500$2,000$2,500$3,000$3,500.’’.

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8271(b) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to taxable years beginning after
3 December 31, 2019.
4

SEC. 104. IMPROVING AFFORDABILITY BY REDUCING PRE-

5

MIUM COSTS FOR CONSUMERS.

6(a) IN GENERAL.—Section 36B(b)(3)(A) of the In-

7 ternal Revenue Code of 1986 is amended to read as fol8 lows:
9‘‘(A) APPLICABLE PERCENTAGE.—The ap-

10

plicable percentage for any taxable year shall be

11

the percentage such that the applicable percent-12

age for any taxpayer whose household income is13

within an income tier specified in the following

14

table shall increase, on a sliding scale in a lin-15

ear manner, from the initial premium percent-16

age to the final premium percentage specified in

17such table for such income tier:‘‘In the case of householdincome (expressed asa percent of poverty line)
within the following income tier:Over 100.0 percent up to 150.0 percent ....
150.0 percent up to 200.0 percent .............
200.0 percent up to 250.0 percent .............
250.0 percent up to 300.0 percent .............
300.0 percent up to 400.0 percent .............
400.0 percent and higher ...........................

18

(b)

CONFORMING

The initial
premium
percentage is—

The final
premium
percentage is—

0.0
0.0
3.0
4.0
6.0
8.5

0.0
3.0
4.0
6.0
8.5
8.5’’.

AMENDMENT.—Section

19 36B(c)(1)(A) of the Internal Revenue Code of 1986 is
20 amended by striking ‘‘but does not exceed 400 percent’’.
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8281(c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to taxable years beginning after
3 December 31, 2020.

6

TITLE II—ECONOMIC STIMULUS
Subtitle A—Economic Assistance
Payments

7

SEC. 201. 2020 ECONOMIC ASSISTANCE PAYMENTS TO INDI-

45

8

VIDUALS.

9(a) IN GENERAL.—Subchapter B of chapter 65 of the

10 Internal Revenue Code of 1986 is amended by adding at
11 the end the following new section:
12‘‘SEC. 6431. 2020 ECONOMIC ASSISTANCE PAYMENTS TO IN-

13

DIVIDUALS.

14‘‘(a) IN GENERAL.—In the case of an eligible indi-

15 vidual, there shall be allowed as a credit against the tax
16 imposed by subtitle A for the first taxable year beginning
17 in 2020 an amount equal to the sum of—18‘‘(1) the base amount, and19‘‘(2) the income supplement amount.

20‘‘(b) BASE AMOUNT.—For purposes of this section,

21 the term ‘base amount’ means, with respect to any tax22 payer, the sum of—23‘‘(1) $1,500 ($3,000 in the case of a joint re-24turn), plus

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8291‘‘(2) $1,500 multiplied by the number of quali-

2fying children (within the meaning of section 24(c))

3of the taxpayer (not in excess of 3 such children) for4

the taxpayer’s first taxable year beginning in 2020.

5‘‘(c) INCOME SUPPLEMENT AMOUNT.—For purposes

6 of this section—
7‘‘(1) IN GENERAL.—The term ‘income supple-

8

ment amount’ means—9‘‘(A) in the case of any taxpayer not de-10

scribed in subparagraph (B), the excess (if any)

11

of—

12

‘‘(i) adjusted gross income for the tax-

13

able year immediately preceding such tax-

14

payer’s first taxable year beginning in

15

2020, over16‘‘(ii) adjusted gross income for such17

taxpayer’s first taxable year beginning in

18

2020, and

19‘‘(B) in the case of any taxpayer whose

20

household income for such taxpayer’s first tax-

21

able year beginning in 2020 does not exceed the22applicable phaseout amount, the greater of—23‘‘(i) the excess (if any) described in24

subparagraph (A), or25‘‘(ii) the sum of—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8301‘‘(I) base amount multiplied by 5,

2

plus

3

‘‘(II) $5,000.

4

‘‘(2)

5

AMOUNT.—The6

mined under this subsection shall not exceed the7

sum described in paragraph (1)(B)(ii) (determined

8

without regard to paragraph (3)).

9MAXIMUM

INCOME

SUPPLEMENT

income supplement amount deter-‘‘(3) PHASEOUT OF THE MINIMUM INCOME SUP-10PLEMENT AMOUNT.—The

11graph (1)(B)(ii) shall be reduced (but not below

12zero) by the amount which bears the same ratio to

13such sum as—sum described in para-

14‘‘(A) the excess (if any) of the household

15

income for the taxpayer’s first taxable year be-

16

ginning in 2020 over 200 percent of the poverty

17line for a family of the size involved, bears to18‘‘(B) the excess of the applicable phaseout

19

amount over 200 percent of the poverty line for20

a family of the size involved.

21‘‘(4) DEFINITIONS RELATING TO THE POVERTY

22

LINE.—For purposes of this subsection—

23‘‘(A) IN

24

GENERAL.—Theterms ‘family

size’ and ‘poverty line’ have the respective

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831
1

meaning2

36B(d).

3

given

such

terms

‘‘(B) HOUSEHOLDunder

INCOME.—Thesectionterm

4‘household income’ has the meaning given such5

term by section 36B(d)(2)(A) applied by using

6

adjusted gross income (within the meaning of

7

this section) in lieu of modified adjusted gross8

income (within the meaning of section 36B).

9‘‘(d) OVERALL PHASEOUT BASED ON ADJUSTED

10 GROSS INCOME.—
11‘‘(1) IN GENERAL.—The amount of the credit

12

allowed by subsection (a) (determined without re-13

gard to this subsection and subsection (g)) shall be

14

reduced (but not below zero) by the amount which

15

bears the same ratio to such amount as—

16‘‘(A) the excess (if any) of the adjusted

17

gross income for the taxpayer’s first taxable

18

year beginning in 2020 over the applicable

19

phaseout amount, bears to20‘‘(B) 50 percent of the applicable phaseout

21

amount.

22‘‘(2) APPLICABLE

23

PHASEOUTAMOUNT.—Theterm ‘applicable phaseout amount’ means—

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832
1‘‘(A) $150,000 in the case of a joint return2

or a surviving spouse (as defined in section

32(a)),

4‘‘(B) $112,500 in the case of a head of5household (as defined in section 2(b)), and6‘‘(C) $75,000 in any other case.

7‘‘(e) OTHER DEFINITIONS.—For purposes of this8 section—
9‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible

10

individual’ means any individual other than—

11‘‘(A) any nonresident alien individual,

12‘‘(B) any individual with respect to whom13

a deduction under section 151 is allowable to14

another taxpayer for a taxable year beginning15

in the calendar year in which the individual’s

16

taxable year begins, and17‘‘(C) an estate or trust.

18‘‘(2) ADJUSTED GROSS INCOME.—The term ‘ad-19

justed gross income’ means adjusted gross income

20

determined without regard to sections 911, 931, and

21

933.

22

‘‘(f) SPECIAL RULES.—

23‘‘(1) CREDIT TREATED AS REFUNDABLE.—The24

credit allowed by subsection (a) shall be treated as

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML833
1allowed by subpart C of part IV of subchapter A of

2chapter 1.

3‘‘(2) TREATMENT OF CREDIT AND ADVANCE

4PAYMENTS.—For

531, United States Code, any credit under subsection

6(a) and any credit or refund under subsection (h)7shall be treated in the same manner as a refund due

8from a credit provision referred to in subsection

9(b)(2) of such section.

purposes of section 1324 of title

10

‘‘(3)

11

MENT.—An

12

count in determining the amount of the credit al-

13

lowed under subsection (a) unless the taxpayer iden-

14tification number of such individual is included on

15

the return of tax for the taxable year.

16‘‘(g) COORDINATION WITH ADVANCE REFUNDS OF

IDENTIFICATIONNUMBERREQUIRE-

individual shall not be taken into ac-

17 CREDIT.—
18‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—19

The amount of the credit which would (but for this20

paragraph) be allowable under subsection (a) shall21

be reduced (but not below zero) by the aggregate re-22

funds and credits made or allowed to the taxpayer

23

under subsection (h) and the aggregate payments to24which the taxpayer is entitled under section 202 of25

the Emergency Pension Plan Relief Act of 2020.

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834
1

Any failure to so reduce the credit shall be treated2

as arising out of a mathematical or clerical error

3

and assessed according to section 6213(b)(1).

4‘‘(2) RECAPTURE OF PAYMENTS IN EXCESS OF

5

REFUNDABLE CREDIT.—

6‘‘(A) IN GENERAL.—If the sum of the ag-

7gregate refunds and credits made or allowed to8

the taxpayer under subsection (h) and the ag-

9gregate payments to which the taxpayer is enti-

10

tled under section 202 of the Emergency Pen-11sion Plan Relief Act of 2020 exceeds the credit

12

allowed under subsection (a) (determined with-13

out regard to paragraph (1)), the tax imposed

14

under chapter 1 for the taxpayer’s first taxable

15

year beginning in 2020 shall be increased by

16

the amount of such excess.

17‘‘(B) ELECTION TO SPREAD RECAPTURE

18

OVER 3 YEARS.—In the case of a taxpayer who

19elects (at such time and in such manner as the20

Secretary may provide) the application of this21

subparagraph, subparagraph (A) shall not apply

22

and the tax imposed under chapter 1 shall be

23

increased by 1⁄3 of the excess described in sub-24

paragraph (A) in the taxpayer’s first taxable

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

835
1year beginning in 2020 and in each of the 2 im-

2mediately following taxable years.

3‘‘(3) JOINT RETURNS.—In the case of a refund

4

or credit made or allowed under subsection (h) with5

respect to a joint return, half of such refund or cred-6

it shall be treated as having been made or allowed

7

to each individual filing such return.

8‘‘(h) ADVANCE REFUNDS AND CREDITS.—

9‘‘(1) IN GENERAL.—Each taxpayer who was an

10eligible individual for such taxpayer’s first taxable

11

year beginning in 2019 shall be treated as having

12

made a payment against the tax imposed by chapter

13

1 for such first taxable year in an amount equal to14

the advance refund amount.

15‘‘(2) ADVANCEREFUND AMOUNT.—For

pur-

16

poses of this subsection, the term ‘advance refund

17amount’ means the sum of—18‘‘(A) the product of the prior-year base

19

amount multiplied by 6, plus

20‘‘(B) $5,000.

21‘‘(3) TIMING OF PAYMENTS.—

22‘‘(A) BASE AMOUNT.—The Secretary shall,

23

subject to the provisions of this title, refund or24

credit so much of any overpayment attributable

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836
1

to paragraph (1) as is not less than the prior-

2year base amount as rapidly as possible.

3‘‘(B) PERIODIC ADDITIONAL PAYMENTS.—

4

To the extent that the Secretary determines

5

feasible, the Secretary shall, subject to the pro-6

visions of this title, refund or credit any re-7

maining overpayment in periodic additional

8amounts. The Secretary, to the maximum ex-

9tent practicable, shall ensure that the entire

10

overpayment attributable to paragraph (1) is

11

refunded or credited under this paragraph not12later than December 31, 2020. For purposes of13

the preceding sentence, the term ‘remaining

14

overpayment’ means so much of the overpay-

15

ment attributable to paragraph (1) as is not re-16

funded or credited under subparagraph (A).

17‘‘(C) TERMINATION OF PAYMENT AUTHOR-18

ITY.—No refund or credit shall be made or al-

19

lowed under this subsection after December 31,

20

2020.

21

‘‘(4) PRIOR-YEAR

BASE

AMOUNT.—For

pur-

22

poses of this subsection, the term ‘prior-year base23

amount’ means the base amount determined under24

subsection (b) with respect to—

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837
1‘‘(A) the taxpayer’s first taxable year be-

2

ginning in 2019, or

3‘‘(B) if information regarding such taxable

4

year is not available to the Secretary, the tax-

5

payer’s first taxable year beginning in 2018.

6‘‘(5) COORDINATION WITH PAYMENTS TO SO-

7

CIAL SECURITY ADMINISTRATION RECIPIENTS.—This

8

subsection shall not apply with respect to any tax-

9

payer entitled to a payment under section 202 of the

10

Emergency Pension Plan Relief Act of 2020.

11‘‘(6) NO INTEREST.—No interest shall be al-

12

lowed on any overpayment attributable to this sec-

13

tion.

14

‘‘(7)

15

PAYERS.—As

16

shall—INFORMATIONPROVIDEDTO

TAX-soon as practicable, the Secretary

17‘‘(A) make best efforts to inform every tax-

18

payer that amounts received pursuant to this19

subsection may be subject to recapture under20

subsection (g)(2), and21‘‘(B) develop an Internet tool allowing tax-

22

payer’s to determine the amount of such recap-

23

ture using input from the taxpayer.

24‘‘(i) REGULATIONS.—The Secretary shall prescribe

25 such regulations or other guidance as may be necessary

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838
1 or appropriate to carry out the purposes of this section,
2 including—3‘‘(1) regulations or other guidance providing for

4

proper determination of adjusted gross income in the5case of an individual whose filing status changes be-

6

tween the taxable years taken into account under

7

this section and in the case of any taxable year

8

which is less than 12 months,

9‘‘(2) regulations or other guidance providing

10

taxpayers with respect to whom information for nei-

11

ther taxable year described in subsection (h)(4) is

12

available to the Secretary the opportunity to provide

13

the Secretary information sufficient to allow the Sec-

14

retary to determine the amount of the credit or re-15

fund for such taxpayer under subsection (h), and16‘‘(3) regulations or other guidance providing for

17

proper determination of the treatment of households

18

that include an eligible individual (as defined in sec-

19

tion 202(b) of the Emergency Pension Plan Relief

20

Act of 2020).

21‘‘(j) OUTREACH.—The Secretary shall carry out a ro-

22 bust and comprehensive outreach program to ensure that23 all taxpayers described in subsection (i)(2) learn of their
24 eligibility for the advance refunds and credits under sub25 section (h); are advised of the opportunity to receive such

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839
1 advance refunds and credits as provided under subsection
2 (i)(2), and provided assistance in applying for such cred3 its. In conducting this outreach, the Secretary shall co4 ordinate with other government, state, and local agencies;
5 federal partners; and community-based nonprofit organi6 zations that regularly interface with those taxpayers so de7 scribed.’’.
8(b) TREATMENT OF CERTAIN POSSESSIONS.—

9(1) PAYMENTS TO POSSESSIONS WITH MIRROR

10CODE TAX SYSTEMS.—The Secretary of the Treas-11

ury shall pay to each possession of the United States

12

which has a mirror code tax system amounts equal

13

to the loss (if any) to that possession by reason of14

the amendments made by this section. Such15

amounts shall be determined by the Secretary of the16

Treasury based on information provided by the gov-

17

ernment of the respective possession.

18(2) PAYMENTS TO OTHER POSSESSIONS.—The

19

Secretary of the Treasury shall pay to each posses-

20

sion of the United States which does not have a mir-21

ror code tax system amounts estimated by the Sec-22

retary of the Treasury as being equal to the aggre-

23

gate benefits (if any) that would have been provided

24

to residents of such possession by reason of the25

amendments made by this section if a mirror code

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840
1

tax system had been in effect in such possession.

2

The preceding sentence shall not apply unless the re-3spective possession has a plan, which has been ap-

4

proved by the Secretary of the Treasury, under

5

which such possession will promptly distribute such6

payments to its residents.

7(3) COORDINATIONWITHCREDIT

ALLOWED

8

AGAINST UNITED STATES INCOME TAXES.—No cred-9

it shall be allowed against United States income

10

taxes under section 6431 of the Internal Revenue

11

Code of 1986 (as amended by this section), nor shall12

any credit or refund be made or allowed under sub-13

section (h) of such section, to any person—

14(A) to whom a credit is allowed against

15

taxes imposed by the possession by reason of16

the amendments made by this section, or

17(B) who is eligible for a payment under a18plan described in paragraph (2).

19(4) MIRROR CODE TAX SYSTEM.—For purposes

20of this subsection, the term ‘‘mirror code tax sys-

21

tem’’ means, with respect to any possession of the

22

United States, the income tax system of such posses-

23

sion if the income tax liability of the residents of24such possession under such system is determined by

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841
1reference to the income tax laws of the United

2States as if such possession were the United States.

3(c) ADMINISTRATIVE PROVISIONS.—

4(1)

DEFINITIONOF

DEFICIENCY.—Section

56211(b)(4)(A) of the Internal Revenue Code of 1986

6

is amended by striking ‘‘168(k)(4)’’ and inserting

7‘‘168(k)(4), and 6431’’.

8(2) MATHEMATICAL OR CLERICAL ERROR AU-

9

THORITY.—Section

10

amended—6213(g)(2) of such Code is

11(A) by inserting ‘‘or section 6431 (relating12

to economic assistance payments to individ-

13uals)’’ before the comma at the end of subpara-

14

graph (H), and

15(B) by striking ‘‘or 32’’ in subparagraph16(L) and inserting ‘‘32, or 6431’’.

17(3) EXEMPTION FROM OFFSETS.—So much of18

any overpayment, credit, refund, or payment as is

19

attributable to the application of section 6431 of the

20

Internal Revenue Code of 1986 shall not be subject

21

to reduction, offset, or levy under section 6331 or

22

subsections (c), (d), (e), or (f) of section 6402 of

23

such Code or under section 3716 or 3720A of title

24

31, United States Code.

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1(4) TREATMENT OF CREDIT AND ADVANCE PAY-

2

MENTS.—For purposes of section 1324 of title 31,

3

United States Code, any credit under section

46431(a) of the Internal Revenue Code of 1986, any

5credit or refund under section 6431(h) of such Code,6

and any payment under subsection (b) of this Act,

7

shall be treated in the same manner as a refund due

8from a credit provision referred to in subsection

9(b)(2) of such section 1324.

10(d) APPROPRIATIONS TO CARRY OUT THIS SEC-

11

TION.—

12(1) IN GENERAL.—Immediately upon the enact-

13

ment of this Act, the following sums are appro-

14

priated, out of any money in the Treasury not other-15

wise appropriated, for the fiscal year ending Sep-

16

tember 30, 2020—

17(A) For an additional amount for ‘‘Depart-

18

ment of the Treasury—Bureau of Fiscal Serv-

19

ices—Salaries and Expenses’’, $78,600,000, to20

remain available until December 31, 2020.

21(B) For an additional amount for ‘‘Depart-

22

ment of the Treasury—Internal Revenue Serv-23

ice—Taxpayer Services’’, $301,000,000, to re-24

main available until December 31, 2020.

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1(C) For an additional amount for ‘‘Depart-2

ment of the Treasury—Internal Revenue Serv-3

ice—Enforcement’’, $37,200,000, to remain

4available until December 31, 2020.

5(D) For an additional amount for ‘‘De-

6

partment of the Treasury—Internal Revenue

7

Service—Operations Support’’, $8,000,000, to8remain available until December 31, 2020.

9(2) REPORTS.—No later than 15 days after en-

10

actment of this Act, the Secretary of the Treasury

11

shall submit a plan to the Committees on Appropria-

12

tions of the House of Representatives and the Sen-13

ate detailing the expected use of the funds provided

14

by paragraph (1)(A). Beginning 90 days after enact-

15

ment of this Act, the Secretary of the Treasury shall16

submit a quarterly report to the Committees on Ap-

17

propriations of the House of Representatives and the18

Senate detailing the actual expenditure of funds pro-19

vided by paragraph (1)(A) and the expected expendi-

20

ture of such funds in the subsequent quarter.

21

SEC. 202. ECONOMIC ASSISTANCE PAYMENTS TO CERTAIN

22

FEDERAL BENEFICIARIES.

23(a) PAYMENT AUTHORITIES AND AMOUNTS.—

24(1) BASE AMOUNT PAYMENTS.—Subject to sub-25

section (c), the Secretary of the Treasury shall dis-

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844
1

burse a base amount payment to each individual

2

who, as of the date of the enactment of this Act, is3

an eligible individual. Such payment shall be in the4amount that would be paid under section 6431(b) of

5

the Internal Revenue Code of 1986 for a single tax-

6

payer with no qualifying children.

7(2)

INCOME

SUPPLEMENTAMOUNT

PAY-

8

MENTS.—Subject to subsection (c), the Secretary of

9

the Treasury shall disburse income supplement

10

amount payments to each individual who, as of the

11date of the enactment of this Act, is an eligible indi-

12vidual. The total of such payments to each such in-13

dividual

146431(c)(1)(B)(ii) for a single taxpayer with no15

qualifying children.

16(b) ELIGIBLE INDIVIDUAL.—

shall

equal

the

amountdefinedin17(1) IN GENERAL.—For purposes of subsection

18(a), an ‘‘eligible individual’’ is an individual who, for19

the last month that ends prior to the date of enact-

20

ment of this Act—

21(A) is entitled to a social security insur-

22

ance benefit described in paragraph (2); or

23(B) is eligible for a supplemental security

24

income benefit described in paragraph (3).

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845
1(2) SOCIAL SECURITY BENEFIT DESCRIBED.—

2

For purposes of paragraph (1), a social security in-3surance benefit described in this paragraph is any

4monthly insurance benefit payable under title II of5

the Social Security Act (42 U.S.C. 401 et seq.)

6(other than child’s insurance benefits payable under7

section 202(d)(1)(B)(i) of such Act (42 U.S.C.

8402(d)(1)(B)(i)), including payments made pursuant

9

to subsections (g) or (i)(7) of section 223 of such

10

Act (42 U.S.C. 423).

11(3) SUPPLEMENTAL

SECURITY INCOME BEN-

12EFIT DESCRIBED.—For purposes of paragraph (1),13

a supplemental security income benefit described in

14

this paragraph is a monthly benefit payable under15

title XVI of the Social Security Act (42 U.S.C. 1381

16

et seq.) (other than a benefit to an individual de-17

scribed18

1614(a)(3)(C)19

1382(e)(1)(B); 1382c(a)(3)(C)), including—insectionof1611(e)(1)(B)
such

Act

or

section(42

U.S.C.

20(A) payments made pursuant to section211619(a) (42 U.S.C. 1382h) or subsections

22(a)(4), (a)(7), or (p)(7) of section 1631 (4223

U.S.C. 1383) of such Act; and24(B) State supplementary payments of the25

type referred to in section 1616(a) of such Act

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML846
1(42 U.S.C. 1382e(a)) (or payments of the type2

described in section 212(a) of Public Law 93–366) which are paid by the Commissioner under4

an agreement referred to in such section

51616(a) (or section 212(a) of Public Law 93–

6

66).

7

(4) LIMITATION.—Notwithstanding paragraph

8(1), no individual shall be considered an eligible indi-

9vidual for purposes of subsection (a) if, for the last

10

month that ends prior to the date of enactment of

11

this Act—

12(A) the individual is entitled to a social se-

13

curity insurance benefit described in paragraph

14(2) that was not payable for such month by rea-15

son of subsection (x) or (y) of section 202 the16

Social Security Act (42 U.S.C. 402) or section

171129A of such Act (42 U.S.C. 1320a–8a); or

18(B) the individual is eligible for a supple-

19

mental security income benefit described in20paragraph (3) that was not payable for such

21

month by reason of subsection (e)(1)(A) or

22(e)(4) of section 1611 (42 U.S.C. 1382) or sec-

23

tion 1129A of such Act (42 U.S.C. 1320a–8a).

24(c) LIMITATIONS ON PAYMENTS.—

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847
1

REQUIREMENT.—A(1) RESIDENCY

payment2

under this section shall be made only to individuals

3

who reside in 1 of the 50 States, the District of Co-

4lumbia, Puerto Rico, Guam, the United States Vir-5

gin Islands, American Samoa, or the Northern Mar-

6

iana Islands, or who are utilizing a foreign or do-

7

mestic Army Post Office or Fleet Post Office ad-

8

dress. For purposes of the preceding sentence, the9determination of the individual’s residence shall be

10

based on the address of record, as of the date of cer-

11tification under subsection (d) for a payment under

12

this section, under a program specified in paragraph

13

(b).

14

(2) TIMING AND MANNER OF PAYMENTS.—

15(A) TIMING OF BASE AMOUNT PAYMENT.—

16

The Secretary of the Treasury shall commence

17

disbursing payments under subsection (a)(1) at

18

the earliest practicable date but in no event

19

later than 90 days after the date of enactment

20of this Act.

21(B) TIMINGOF

INCOME

SUPPLEMENT

22

AMOUNT

23

Treasury shall disburse payments under sub-24

section (a)(2) on a periodic basis in coordina-

25tion with the timing of refunds and credits

PAYMENTS.—The

Secretary of the

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848
1

made under section 6431(h)(3)(B) of the Inter-2

nal Revenue Code of 1986.

3(C) ELECTRONICDISBURSEMENT.—The

4

Secretary of the Treasury may disburse any

5payment electronically to an individual in such6manner as if such payment were a benefit pay-7

ment made to such individual under the appli-8

cable program described in paragraph (2) or (3)9of subsection (b).

10(D) NOTICES.—The Commissioner of So-

11cial Security shall send one or more notices, as

12

appropriate, in connection with such payments.

13

Such notices shall include the information de-

14

scribed in section 6431(h)(7)(A) of the Internal

15

Revenue Code of 1986 relating to such pay-

16

ments being subject to recapture.

17(d) IDENTIFICATION OF RECIPIENTS.—The Commis-

18 sioner of Social Security shall certify the individuals enti19 tled to receive payments under this section and provide
20 the Secretary of the Treasury with the information needed
21 to disburse such payments. A certification of an individual
22 for payment shall be unaffected by any subsequent deter23 mination or redetermination of the individual’s entitlement
24 to, or eligibility for, a benefit specified in paragraph (2)25 or (3) of subsection (b).

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8491(e) TREATMENT OF PAYMENTS.—

2(1) PAYMENT DISREGARDED FOR PURPOSES OF

3

ALL

4

GRAMS.—A payment under subsection (a) shall not5

be regarded as income or as a resource for any

6month for purposes of determining the eligibility of7

the recipient (or the recipient’s spouse or family) for8

benefits or assistance, or the amount or extent of9

benefits or assistance, under any Federal program

10

or under any State or local program financed in11

whole or in part with Federal funds.

12

FEDERALAND

FEDERALLYASSISTED

PRO-(2) PAYMENT NOT CONSIDERED INCOME FOR

13

PURPOSES OF TAXATION.—A

14

section (a) shall not be considered as gross income

15

for purposes of the Internal Revenue Code of 1986.

16(3) PAYMENTS

payment under sub-PROTECTEDFROMASSIGN-

17

MENT.—The

18

1631(d)(1) of the Social Security Act (42 U.S.C.

19407, 1383(d)(1)) shall apply to any payment made20

under subsection (a) as if such payment was a ben-21

efit payment made to such individual under the ap-

22

plicable program described in paragraph (2) or (3)23of subsection (b).

24

provisionsofsections

207

and(4) PAYMENTS PROTECTED FROM OFFSET AND

25

RECLAMATION.—Notwithstanding

paragraph (3), a

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850
1

payment under subsection (a) shall not be subject to2

any reduction, offset, or levy pursuant to—3(A) section 3716 or 3720A of title 31,

4

United States Code;5(B) section 6331 of the Internal Revenue

6

Code of 1986; or

7(C) subsection (c), (d), (e), or (f) of section

86402 of the Internal Revenue Code of 1986.

9(f) PAYMENT TO REPRESENTATIVE PAYEES.—

10(1) IN GENERAL.—In any case in which an in-

11

dividual who is entitled to a payment under sub-12

section (a) and whose benefit described in subsection

13(b) is paid to a representative payee, the payment

14

under subsection (a) shall be made to the individ-

15

ual’s representative payee and the entire payment

16

shall be used only for the benefit of the individual

17

who is entitled to the payment.

18(2) ENFORCEMENT.—Section 1129(a)(3) of the19

Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall20

apply to any payment under subsection (a) in the21same manner as such section applies to a payment

22

under title II or XVI of such Act.

23(g) COORDINATION.—The Secretary of the Treasury

24 and the Commissioner of Social Security shall coordinate

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851
1 with respect to any payments made under this section or
2 section 6431(h) of the Internal Revenue Code of 1986.
3(h) APPROPRIATION.—Out of any money in the

4 Treasury not otherwise appropriated, there is appro5 priated to the Commissioner of Social Security such sums
6 as may be necessary for payments to individuals certified
7 by the Commissioner of Social Security as entitled to re8 ceive a payment under this section, to remain available
9 until expended.

11

Subtitle B—Earned Income Tax
Credit12

SEC. 211. STRENGTHENING THE EARNED INCOME TAX

13

CREDIT FOR INDIVIDUALS WITH NO QUALI-14

FYING CHILDREN.

1015(a) SPECIAL RULES FOR 2020 AND 2021.—Section

16 32 of the Internal Revenue Code of 1986 is amended by
17 adding at the end the following new subsection:
18‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT

19 QUALIFYING CHILDREN.—In the case of any taxable year
20 beginning in 2020 or 2021—
21‘‘(1) DECREASE IN MINIMUM AGE FOR CRED-

22

IT.—

23

‘‘(A)

IN

GENERAL.—Subsection

24(c)(1)(A)(ii)(II) shall be applied by substituting

25‘the applicable minimum age’ for ‘age 25’.

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852
1‘‘(B) APPLICABLEMINIMUM

AGE.—For2

purposes of this paragraph, the term ‘applicable3

minimum age’ means—4‘‘(i) except as otherwise provided in5this subparagraph, age 19,

6‘‘(ii) in the case of a full-time student

7(other than a qualified former foster youth

8

or a qualified homeless youth), age 25, and9‘‘(iii) in the case of a qualified former

10

foster youth or qualified homeless youth,11

age 18.

12‘‘(C) FULL-TIME STUDENT.—For purposes

13of this paragraph, the term ‘full-time student’

14means, with respect to any taxable year, an in-

15

dividual who is an eligible student (as defined16

in section 25A(b)(3)) during at least 5 calendar

17months during the taxable year.

18

‘‘(D)

19

YOUTH.—For20

term ‘qualified former foster youth’ means an

21

individual who—

QUALIFIEDFORMER

FOSTER

purposes of this paragraph, the22‘‘(i) on or after the date that such in-

23

dividual attained age 14, was in foster care

24

provided under the supervision or adminis-

25

tration of a State or tribal agency admin-

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1

istering (or eligible to administer) a plan2

under part B or part E of the Social Secu-

3

rity Act (without regard to whether Fed-4eral assistance was provided with respect

5

to such child under such part E), and6‘‘(ii) provides (in such manner as the7

Secretary may provide) consent for State8and tribal agencies which administer a9plan under part B or part E of the Social

10

Security Act to disclose to the Secretary11

information related to the status of such

12

individual as a qualified former foster

13

youth.

14‘‘(E) QUALIFIED HOMELESS YOUTH.—For

15

purposes of this paragraph, the term ‘qualified

16

homeless youth’ means, with respect to any tax-

17

able year, an individual who—18‘‘(i) is certified by a local educational

19

agency or a financial aid administrator

20

during such taxable year as being either an

21

unaccompanied youth who is a homeless22

child or youth, or as unaccompanied, at23

risk of homelessness, and self-supporting.

24

Terms used in the preceding sentence25

which are also used in section 480(d)(1) of

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1

the Higher Education Act of 1965 shall2

have the same meaning as when used in3such section, and4‘‘(ii) provides (in such manner as the5

Secretary may provide) consent for local

6

educational agencies and financial aid ad-

7

ministrators to disclose to the Secretary in-8formation related to the status of such in-9

dividual as a qualified homeless youth.

10‘‘(2) INCREASE IN MAXIMUM AGE FOR CRED-

11

IT.—Subsection (c)(1)(A)(ii)(II) shall be applied by

12

substituting ‘age 66’ for ‘age 65’.

13‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-

14CENTAGES.—The

15(b)(1) shall be applied by substituting ‘15.3’ for16‘7.65’ each place it appears therein.

table contained in subsection

17‘‘(4) INCREASE

18

PHASEOUT AMOUNTS.—19IN

EARNEDINCOME

AND‘‘(A) IN GENERAL.—The table contained in20

subsection (b)(2)(A) shall be applied—

21

‘‘(i)

22

‘$4,220’, and23

bysubstituting‘$9,570’

for‘‘(ii) by substituting ‘$11,310’ for24‘$5,280’.

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855
1‘‘(B) COORDINATION WITH INFLATION AD-

2JUSTMENT.—

3‘‘(i) IN GENERAL.—In the case of any

4taxable year beginning after 2019, the5$9,570 and $11,310 amounts in subpara-

6graph (A) shall each be increased by an

7amount equal to—8‘‘(I) such dollar amount, multi-

9plied by

10‘‘(II) the cost-of-living adjust-11

ment determined under section 1(f)(3)12

for the calendar year in which the tax-

13

able year begins, determined by sub-14

stituting ‘2018’ for ‘2016’ in subpara-

15

graph (A)(ii) thereof.

16‘‘(ii)ROUNDING.—If

any

increase

17

under clause (i) is not a multiple of $10,

18

such increase shall be rounded to the near-19

est multiple of $10.

20‘‘(iii) COORDINATION WITH OTHER IN-

21

FLATION

22

shall not apply to any dollar amount speci-

23

fied in this paragraph.’’.

24

ADJUSTMENT.—Subsection(j)(b) INFORMATION RETURN MATCHING.—As soon as

25 practicable, the Secretary of the Treasury (or the Sec-

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856
1 retary’s delegate) shall develop and implement procedures
2 for checking an individual’s claim for a credit under sec3 tion 32 of the Internal Revenue Code of 1986, by reason
4 of subsection (n)(1) thereof, against any information re5 turn made with respect to such individual under section
6 6050S (relating to returns relating to higher education
7 tuition and related expenses).
8(c) EFFECTIVE DATE.—The amendment made by

9 this section shall apply to taxable years beginning after
10 December 31, 2019.
11

SEC. 212. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED IN-

12COME CREDIT IN CASE OF QUALIFYING CHIL-

13

DREN WHO FAIL TO MEET CERTAIN IDENTI-

14

FICATION REQUIREMENTS.

15(a) IN GENERAL.—Section 32(c)(1) of the Internal

16 Revenue Code of 1986 is amended by striking subpara17 graph (F).
18(b) EFFECTIVE DATE.—The amendment made by

19 this section shall apply to taxable years beginning after
20 the date of the enactment of this Act.
21

SEC. 213. CREDIT ALLOWED IN CASE OF CERTAIN SEPA-

22

RATED SPOUSES.

23(a) IN GENERAL.—Section 32(d) of the Internal Rev-

24 enue Code of 1986 is amended—

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1(1) by striking ‘‘MARRIED INDIVIDUALS.—In2

the case of’’ and inserting the following: ‘‘MARRIED3

INDIVIDUALS.—

4‘‘(1) IN GENERAL.—In the case of’’, and5(2) by adding at the end the following new

6paragraph:7‘‘(2) DETERMINATION OF MARITAL STATUS.—

8

For purposes of this section—

9‘‘(A) IN GENERAL.—Except as provided in

10

subparagraph (B), marital status shall be deter-

11

mined under section 7703(a).

12‘‘(B) SPECIAL

RULE

FOR

SEPARATED

13

SPOUSE.—An individual shall not be treated as

14

married if such individual—

15‘‘(i) is married (as determined under16

section 7703(a)) and does not file a joint

17

return for the taxable year,

18‘‘(ii) lives with a qualifying child of

19

the individual for more than one-half of

20such taxable year, and21‘‘(iii)(I) during the last 6 months of

22such taxable year, does not have the same23

principal place of abode as the individual’s

24

spouse, or

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858
1‘‘(II) has a decree, instrument, or2

agreement (other than a decree of divorce)3

described in section 121(d)(3)(C) with re-4spect to the individual’s spouse and is not

5

a member of the same household with the6individual’s spouse by the end of the tax-

7

able year.’’.

8(b) CONFORMING AMENDMENTS.—

9(1) Section 32(c)(1)(A) of such Code is amend-10

ed by striking the last sentence.

11(2) Section 32(c)(1)(E)(ii) of such Code is12amended by striking ‘‘(within the meaning of section

137703)’’.

14(3) Section 32(d)(1) of such Code, as amended

15

by subsection (a), is amended by striking ‘‘(within

16

the meaning of section 7703)’’.

17(c) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to taxable years beginning after
19 the date of the enactment of this Act.
20

SEC. 214. ELIMINATION OF DISQUALIFIED INVESTMENT IN-

21

COME TEST.

22(a) IN GENERAL.—Section 32 of the Internal Rev-

23 enue Code of 1986 is amended by striking subsection (i).
24(b) CONFORMING AMENDMENTS.—

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1(1) Section 32(j)(1) of such Code is amended2

by striking ‘‘subsections (b)(2) and (i)(1)’’ and in-3

serting ‘‘subsection (b)(2)’’.

4(2) Section 32(j)(1)(B)(i) of such Code is5amended by striking ‘‘subsections (b)(2)(A) and

6(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’.

7(3) Section 32(j)(2) of such Code is amended—

8(A) by striking subparagraph (B), and

9(B) by striking ‘‘ROUNDING.—’’ and all

10that follows through ‘‘If any dollar amount’’11

and inserting the following: ‘‘ROUNDING.—If

12

any dollar amount’’.

13(c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to taxable years beginning after
15 the date of the enactment of this Act.
16

SEC. 215. APPLICATION OF EARNED INCOME TAX CREDIT

17

IN POSSESSIONS OF THE UNITED STATES.

18(a) IN GENERAL.—Chapter 77 of the Internal Rev-

19 enue Code of 1986 is amended by adding at the end the
20 following new section:
21‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT

22

TO POSSESSIONS OF THE UNITED STATES.

23‘‘(a) PUERTO RICO.—

24‘‘(1) IN GENERAL.—With respect to calendar

25

year 2021 and each calendar year thereafter, the

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1Secretary shall, except as otherwise provided in this2

subsection, make payments to Puerto Rico equal

3

to—

4

‘‘(A) the specified matching amount for5such calendar year, plus

6‘‘(B) in the case of calendar years 2021

7

through 2025, the lesser of—8‘‘(i) the expenditures made by Puerto

9

Rico during such calendar year for edu-

10

cation efforts with respect to individual

11

taxpayers and tax return preparers relat-

12

ing to the earned income tax credit, or

13‘‘(ii) $1,000,000.

14‘‘(2) REQUIREMENT TO REFORM EARNED IN-

15

COME TAX CREDIT.—The Secretary shall not make16

any payments under paragraph (1) with respect to17

any calendar year unless Puerto Rico has in effect18

an earned income tax credit for taxable years begin-

19

ning in or with such calendar year which (relative to20

the earned income tax credit which was in effect for

21

taxable years beginning in or with calendar year222019) increases the percentage of earned income

23

which is allowed as a credit for each group of indi-

24

viduals with respect to which such percentage is sep-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML861
1arately stated or determined in a manner designed

2

to substantially increase workforce participation.

3‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-4

poses of this subsection—

5‘‘(A) IN GENERAL.—The term ‘specified

6

matching amount’ means, with respect to any

7calendar year, the lesser of—8‘‘(i) the excess (if any) of—

9‘‘(I) the cost to Puerto Rico of10

the earned income tax credit for tax-

11

able years beginning in or with such

12

calendar year, over

13‘‘(II) the base amount for such

14

calendar year, or

15‘‘(ii) the product of 3, multiplied by

16

the base amount for such calendar year.

17‘‘(B) BASE AMOUNT.—

18‘‘(i) BASE AMOUNT FOR 2021.—In the19case of calendar year 2021, the term ‘base

20

amount’ means the greater of—21‘‘(I) the cost to Puerto Rico of22

the earned income tax credit for tax-

23

able years beginning in or with cal-24

endar year 2019 (rounded to the25nearest multiple of $1,000,000), or

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862
1‘‘(II) $200,000,000.

2‘‘(ii) INFLATIONADJUSTMENT.—In3

the case of any calendar year after 2021,

4

the term ‘base amount’ means the dollar

5amount determined under clause (i) in-6

creased by an amount equal to—7‘‘(I) such dollar amount, multi-

8

plied by—

9‘‘(II) the cost-of-living adjust-10

ment determined under section 1(f)(3)11

for such calendar year, determined by

12

substituting ‘calendar year 2020’ for13‘calendar year 2016’ in subparagraph

14(A)(ii) thereof.

15

Any amount determined under this clause16

shall be rounded to the nearest multiple of17$1,000,000.

18‘‘(4) RULES RELATED TO PAYMENTS AND RE-

19

PORTS.—

20‘‘(A) TIMINGOF PAYMENTS.—The

Sec-

21

retary shall make payments under paragraph

22(1) for any calendar year—

23‘‘(i) after receipt of the report de-24

scribed in subparagraph (B) for such cal-25

endar year, and

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1‘‘(ii) except as provided in clause (i),2

within a reasonable period of time before3

the due date for individual income tax re-4

turns (as determined under the laws of

5

Puerto Rico) for taxable years which began

6on the first day of such calendar year.

7‘‘(B) ANNUAL REPORTS.—With respect to8calendar year 2021 and each calendar year

9

thereafter, Puerto Rico shall provide to the Sec-10

retary a report which shall include—

11‘‘(i) an estimate of the costs described12

in paragraphs (1)(B)(i) and (3)(A)(i)(I)13with respect to such calendar year, and14‘‘(ii) a statement of such costs with15

respect to the preceding calendar year.

16‘‘(C) ADJUSTMENTS.—

17‘‘(i) IN GENERAL.—In the event that18

any estimate of an amount is more or less19

than the actual amount as later deter-

20

mined and any payment under paragraph21(1) was determined on the basis of such

22

estimate, proper payment shall be made23

by, or to, the Secretary (as the case may

24be) as soon as practicable after the deter-

25

mination that such estimate was inac-

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1

curate. Proper adjustment shall be made in2

the amount of any subsequent payments

3

made under paragraph (1) to the extent

4that proper payment is not made under the5

preceding sentence before such subsequent

6

payments.

7‘‘(ii)ADDITIONALREPORTS.—The

8

Secretary may require such additional peri-

9odic reports of the information described in

10

subparagraph (B) as the Secretary deter-

11

mines appropriate to facilitate timely ad-

12justments under clause (i).

13

‘‘(D)

DETERMINATION

OF

COST

OF

14

EARNED INCOME TAX CREDIT.—For15of this subsection, the cost to Puerto Rico of16

the earned income tax credit shall be deter-

17

mined by the Secretary on the basis of the laws

18of Puerto Rico and shall include reductions in19revenues received by Puerto Rico by reason of

20such credit and refunds attributable to such

21

credit, but shall not include any administrative

22

costs with respect to such credit.

23

purposes‘‘(E) PREVENTION OF MANIPULATION OF

24

BASE AMOUNT.—No

25

under paragraph (1) if the earned income tax

payments shall be made

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML865
1credit as in effect in Puerto Rico for taxable

2

years beginning in or with calendar year 20193

is modified after the date of the enactment of

4

this subsection.

56‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—

7‘‘(1) IN GENERAL.—With respect to calendar

8

year 2021 and each calendar year thereafter, the9Secretary shall, except as otherwise provided in this10

subsection, make payments to the Virgin Islands,

11

Guam, and the Commonwealth of the Northern Mar-

12

iana Islands equal to—

13‘‘(A) 75 percent of the cost to such posses-

14

sion of the earned income tax credit for taxable

15

years beginning in or with such calendar year,

16

plus

17

‘‘(B) in the case of calendar years 2021

18

through 2025, the lesser of—

19‘‘(i) the expenditures made by such

20

possession during such calendar year for21

education efforts with respect to individual

22

taxpayers and tax return preparers relat-

23

ing to such earned income tax credit, or24‘‘(ii) $50,000.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8661‘‘(2) APPLICATION OF CERTAIN RULES.—Rules

2

similar to the rules of subparagraphs (A), (B), (C),3

and (D) of subsection (a)(4) shall apply for purposes

4of this subsection.

5‘‘(c) AMERICAN SAMOA.—

6‘‘(1) IN GENERAL.—With respect to calendar

7

year 2021 and each calendar year thereafter, the8Secretary shall, except as otherwise provided in this9subsection, make payments to American Samoa

10equal to—11‘‘(A) the lesser of—

12‘‘(i) 75 percent of the cost to Amer-13

ican Samoa of the earned income tax cred-14

it for taxable years beginning in or with

15

such calendar year, or

16‘‘(ii) $12,000,000, plus

17‘‘(B) in the case of calendar years 2021

18

through 2025, the lesser of—

19‘‘(i) the expenditures made by Amer-20

ican Samoa during such calendar year for21

education efforts with respect to individual

22

taxpayers and tax return preparers relat-

23

ing to such earned income tax credit, or24‘‘(ii) $50,000.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8671‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN

2AN EARNED INCOME TAX CREDIT.—The3

shall not make any payments under paragraph (1)4with respect to any calendar year unless American

5

Samoa has in effect an earned income tax credit for

6

taxable years beginning in or with such calendar

7

year which allows a refundable tax credit to individ-

8

uals on the basis of the taxpayer’s earned income

9which is designed to substantially increase workforce

10

participation.

Secretary11‘‘(3) INFLATION ADJUSTMENT.—In the case of12

any calendar year after 2021, the $12,000,000

13amount in paragraph (1)(A)(ii) shall be increased by

14

an amount equal to—15‘‘(A) such dollar amount, multiplied by—

16‘‘(B) the cost-of-living adjustment deter-

17

mined under section 1(f)(3) for such calendar

18

year, determined by substituting ‘calendar year

19

2020’ for ‘calendar year 2016’ in subparagraph

20(A)(ii) thereof.

21

Any increase determined under this clause shall be

22rounded to the nearest multiple of $100,000.

23‘‘(4) APPLICATION OF CERTAIN RULES.—Rules

24

similar to the rules of subparagraphs (A), (B), (C),

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868
1

and (D) of subsection (a)(4) shall apply for purposes

2of this subsection.

3‘‘(d) TREATMENT OF PAYMENTS.—For purposes of

4 section 1324 of title 31, United States Code, the payments
5 under this section shall be treated in the same manner
6 as a refund due from a credit provision referred to in sub7 section (b)(2) of such section.’’.
8(b) CLERICAL AMENDMENT.—The table of sections

9 for chapter 77 of such Code is amended by adding at the
10 end the following new item:‘‘Sec. 7529. Application of earned income tax credit to possessions of theUnited States.’’.

11

Subtitle C—Child Tax Credit

12

SEC. 221. CHILD TAX CREDIT FULLY REFUNDABLE FOR 2020

13

THROUGH 2025.

14(a) IN GENERAL.—Section 24(h)(5) of the Internal

15 Revenue Code of 1986 is amended to read as follows:16‘‘(5) REFUNDABLE CREDIT.—The increase de-17

termined under the first sentence of subsection

18(d)(1) shall be the amount determined under sub-19

paragraph (A) of such subsection (determined with-20

out regard to paragraph (4) of this subsection).’’.

21(b) EFFECTIVE DATE.—The amendment made by

22 this section shall apply to taxable years beginning after
23 December 31, 2019.

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869
1SEC. 222. APPLICATION OF CHILD TAX CREDIT IN POSSES-2

SIONS.

3(a) IN GENERAL.—Section 24 of the Internal Rev-

4 enue Code of 1986 is amended by adding at the end the
5 following new subsection:6‘‘(i) APPLICATION OF CREDIT IN POSSESSIONS.—

7‘‘(1) MIRROR CODE POSSESSIONS.—

8‘‘(A) IN GENERAL.—The Secretary shall9

pay to each possession of the United States

10with a mirror code tax system amounts equal to11

the loss to that possession by reason of the ap-

12

plication of this section (determined without re-13

gard to this subsection) with respect to taxable

14

years beginning after 2019. Such amounts shall15

be determined by the Secretary of the Treasury

16

based on information provided by the govern-

17

ment of the respective possession.

18‘‘(B) COORDINATIONWITHCREDIT

AL-

19

LOWED

20

TAXES.—No credit shall be allowed under this21

section for any taxable year to any individual to22

whom a credit is allowable against taxes im-

23

posed by a possession with a mirror code tax

24

system by reason of the application of this sec-

25

tion in such possession for such taxable year.

AGAINST

UNITED

STATESINCOME

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8701‘‘(C) MIRROR

CODE TAX SYSTEM.—For2

purposes of this paragraph, the term ‘mirror

3

code tax system’ means, with respect to any

4possession of the United States, the income tax

5system of such possession if the income tax li-

6ability of the residents of such possession under

7

such system is determined by reference to the8

income tax laws of the United States as if such9

possession were the United States.

10‘‘(2) PUERTO RICO.—In the case of any bona11

fide resident of Puerto Rico (within the meaning of

12

section 937(a))—13‘‘(A) the credit determined under this sec-

14

tion shall be allowable to such resident,

15‘‘(B) in the case of any taxable year begin-

16

ning after December 31, 2021, and before Jan-17

uary 1, 2027, the increase determined under18

the first sentence of subsection (d)(1) shall be

19

the lesser of—20‘‘(i) the amount determined under21

subsection (d)(1)(A) (determined without

22

regard to subsection (h)(4)), or23‘‘(ii) the dollar amount in effect under24

subsection (h)(5), and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML871
1‘‘(C) in the case of any taxable year after2

December 31, 2026, the increase determined3

under the first sentence of subsection (d)(1)4

shall be the amount determined under sub-5

section (d)(1)(A).

6‘‘(3) AMERICAN SAMOA.—

7‘‘(A) IN GENERAL.—The Secretary shall8

pay to American Samoa amounts estimated by

9

the Secretary as being equal to the aggregate

10

benefits that would have been provided to resi-

11

dents of American Samoa by reason of the ap-

12

plication of this section for taxable years begin-

13

ning after 2019 if the provisions of this section

14

had been in effect in American Samoa.

15‘‘(B) DISTRIBUTION REQUIREMENT.—Sub-

16

paragraph (A) shall not apply unless American

17

Samoa has a plan, which has been approved by18

the Secretary, under which American Samoa

19will promptly distribute such payments to the20

residents of American Samoa in a manner

21

which replicates to the greatest degree prac-

22

ticable the benefits that would have been so

23

provided to each such resident.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML872
1‘‘(C) COORDINATION

2

LOWED

3

TAXES.—AGAINST

WITH

UNITED

AL-

CREDIT

STATESINCOME4‘‘(i) IN GENERAL.—In the case of a5taxable year with respect to which a plan6

is approved under subparagraph (B), this7

section (other than this subsection) shall8

not apply to any individual eligible for a

9

distribution under such plan.

10‘‘(ii) APPLICATIONOFSECTION

IN

11

EVENT

12

PLAN.—In the case of a taxable year with13

respect to which a plan is not approved

14

under subparagraph (B), rules similar to15

the rules of paragraph (2) shall apply with16

respect to bona fide residents of American

17

Samoa (within the meaning of section

18937(a)).

19‘‘(4) TREATMENT

OF

ABSENCEOF

APPROVEDOF PAYMENTS.—The

pay-

20

ments made under this subsection shall be treated in21

the same manner for purposes of section 1324(b)(2)22

of title 31, United States Code, as refunds due from23

the credit allowed under this section.’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8731(b) EFFECTIVE DATE.—The amendment made by

2 this section shall apply to taxable years beginning after
3 December 31, 2019.
4

SEC. 223. INCREASED CHILD TAX CREDIT FOR CHILDREN

5

WHO HAVE NOT ATTAINED AGE 6.

6(a) IN GENERAL.—Section 24(h)(2) of the Internal

7 Revenue Code of 1986 is amended to read to as follows:8‘‘(2) CREDIT AMOUNT.—Subsection (a) shall be

9applied by substituting ‘$2,000 ($3,600 in the case10of a qualifying child who has not attained age 6 as

11of the close of the calendar year in which the taxable

12

year of the taxpayer begins)’ for ‘$1,000’ ’’.

13(b) EFFECTIVE DATE.—The amendment made by

14 this section shall apply to taxable years beginning after
15 December 31, 2019.

17

Subtitle D—Dependent Care
Assistance

18

SEC. 231. REFUNDABILITY AND ENHANCEMENT OF CHILD

16

19

AND DEPENDENT CARE TAX CREDIT.

20(a) IN GENERAL.—Section 21 of the Internal Rev-

21 enue Code of 1986 is amended by adding at the end the
22 following new subsection:
23‘‘(g) SPECIAL RULES FOR 2020 AND 2021.—In the

24 case of any taxable year beginning in 2020 or 2021—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8741‘‘(1) CREDIT MADE REFUNDABLE.—In the case2of an individual other than a nonresident alien, the3credit allowed under subsection (a) shall be treated4

as a credit allowed under subpart C (and not allowed

5

under this subpart).

6‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.—

7

Subsection (a)(2) shall be applied—

8‘‘(A) by substituting ‘50 percent’ for ‘35

9percent ’, and

10

‘‘(B)

11

‘$15,000’.

12‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT

13

bysubstituting‘$120,000’

for

CREDITABLE.—Subsection (c) shall be applied—

14‘‘(A) by substituting ‘$6,000’ for ‘$3,000’

15in paragraph (1) thereof, and

16‘‘(B) by substituting ‘twice the amount in

17effect under paragraph (1)’ for ‘$6,000’ in

18paragraph (2) thereof.

19‘‘(4) INFLATIONADJUSTMENTOF

DOLLAR

20

AMOUNTS.—In the case of any taxable year begin-

21

ning after 2020, the $120,000 amount in paragraph

22(2)(B) and the $6,000 amount in paragraph (3)(A)23

shall each be increased by an amount equal to—24‘‘(A) such dollar amount, multiplied by

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML875
1‘‘(B) the cost-of-living adjustment deter-2

mined under section 1(f)(3) for the calendar

3

year in which the taxable year begins, deter-

4mined by substituting ‘2019’ for ‘2016’ in sub-5

paragraph (A)(ii) thereof.

6

If any increase determined under this paragraph is7

not a multiple of $100, such increase shall be round-8

ed to the next lowest multiple of $100.

9‘‘(5) INCOME LIMITATION.—

10

‘‘(A)

IN

GENERAL.—Paragraphs

(1)

11

through (4) of this subsection shall not apply to

12

any taxpayer for any taxable year if the modi-

13

fied adjusted gross income of such taxpayer for

14

such taxable year exceeds $1,000,000.

15‘‘(B) MODIFIED

ADJUSTED

GROSS

IN-

16

COME.—For

17

term ‘modified adjusted gross income’ means

18

adjusted gross income determined without re-19

gard to sections 911, 931, and 933.’’.

20

purposes of this paragraph, the(b) CONFORMING AMENDMENT.—Section 1324(b)(2)

21 of title 31, United States Code, is amended by inserting
22 ‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’.
23(c) COORDINATION WITH POSSESSION TAX SYS-

24

TEMS.—Section 21(g)(1) of the Internal Revenue Code of

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML876
1 1986 (as added by this section) shall not apply to any per2 son—
3(1) to whom a credit is allowed against taxes

4

imposed by a possession with a mirror code tax sys-

5

tem by reason of the application of section 21 of

6such Code in such possession for such taxable year,

7

or

8

(2) to whom a credit would be allowed against

9

taxes imposed by a possession which does not have10

a mirror code tax system if the provisions of section

11

21 of such Code had been in effect in such posses-

12sion for such taxable year.

13(d) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to taxable years beginning after
15 December 31, 2019.
16

SEC. 232. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-

17

VIDED DEPENDENT CARE ASSISTANCE.

18(a) IN GENERAL.—Section 129(a)(2) of the Internal

19 Revenue Code of 1986 is amended by adding at the end
20 the following new subparagraph:21‘‘(D) SPECIAL RULE FOR 2021 AND 2022.—

22

In the case of any taxable year beginning in

23

2021 or 2022—

24‘‘(i) IN GENERAL.—Subparagraph (A)25shall be applied be substituting ‘$10,500

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML877
1(half such dollar amount’ for ‘$5,000

2($2,500’.

3‘‘(ii) INFLATIONADJUSTMENT.—In4

the case of any taxable year beginning

5

after 2021, the $10,500 amount in clause

6(i) shall be increased by an amount equal

7

to—

8

‘‘(I) such dollar amount, multi-

9plied by

10‘‘(II) the cost-of-living adjust-11

ment determined under section 1(f)(3)12

for the calendar year in which the tax-

13

able year begins, determined by sub-14

stituting ‘2020’ for ‘2016’ in subpara-

15

graph (A)(ii) thereof.

16

Any increase determined under the pre-17

ceding sentence which is not a multiple of18$50, shall be rounded to the nearest mul-

19

tiple of $50.’’.

20(b) EFFECTIVE DATE.—The amendment made by

21 this section shall apply to taxable years beginning after
22 December 31, 2020.

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878
1

Subtitle E—Net Operating Losses

2

SEC. 241. FIVE-YEAR CARRYBACK OF NET OPERATING

3LOSSES AND TEMPORARY SUSPENSION OF

4

TAXABLE INCOME LIMITATION.

5(a) IN GENERAL.—Section 172 of the Internal Rev-

6 enue Code of 1986 is amended by redesignating subsection
7 (g) as subsection (h) and by inserting after subsection (f)8 the following new subsection:
9‘‘(g) SPECIAL RULES FOR 2018, 2019, and 2020.—

10 For purposes of this section—
11‘‘(1) FIVE-YEAR CARRYBACK.—

12‘‘(A) IN GENERAL.—Any net operating loss

13

arising in a taxable year beginning after De-

14

cember 31, 2017, and before January 1,

15

2021—

16

‘‘(i) shall be a net operating loss

17

carryback to each of the 5 taxable years

18

preceding the taxable year of such loss

19

(but not to any taxable year beginning be-20

fore January 1, 2015), and21‘‘(ii) subparagraphs (B) and (C)(i) of

22

subsection (b)(1) shall not apply.

23‘‘(B) ELECTION

OUT.—A

taxpayer may

24elect not to have subparagraph (A) apply for25

any taxable year. Such election shall be made in

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879
1such manner as may be prescribed by the Sec-2

retary, and shall be made—3‘‘(i) in the case of any election relat-

4

ing to a net operating loss arising in a tax-

5

able year beginning in 2018 or 2019, by

6

the due date (including extension of time)7

for filing the return for the taxpayer’s first8

taxable year ending after the date of the9enactment of this subparagraph.

10‘‘(ii) in the case of any election relat-

11

ing to a net operating loss arising in a tax-

12

able year beginning in 2020, by the due

13date (including extensions of time) for

14

such taxable year.

15

Any such election, once made, shall be irrev-

16

ocable.

17‘‘(2) SUSPENSION

OF NET OPERATING LOSS

18

LIMITATION.—For taxable years beginning after De-

19

cember 31, 2017, and before January 1, 2021, the20amount of the deduction allowed under subsection

21(a) shall be the aggregate of the net operating loss

22

carryovers to such year, plus the net operating loss

23

carrybacks to such year.

24‘‘(3) DISQUALIFIED

25

TAXPAYER.—Paragraphs(1) and (2) shall not apply with respect to any tax-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML880
1able year in which the taxpayer is a disqualified tax-

2

payer. Any taxpayer who is a disqualified taxpayer

3

in the first taxable year ending after the date of the4enactment of this paragraph, shall be treated as a5disqualified taxpayer for taxable years beginning on

6

or after January 1, 2018.

7‘‘(4) DEFINITIONS.—For purposes of this sub-8

section—9‘‘(A) DISQUALIFIEDTAXPAYER.—A

tax-

10

payer is a disqualified taxpayer with respect to11

a taxable year if—

12‘‘(i) in the case of a taxable year end-

13

ing after December 31, 2019, and begin-

14

ning before January 1, 2021, the taxpayer

15(or any related person) is not allowed a de-16

duction under this chapter for the taxable

17

year by reason of section 162(m) or section

18

280G, or19‘‘(ii) the taxpayer (or any related per-20son) is a specified corporation for the tax-

21

able year.

22‘‘(B) SPECIFIED CORPORATION.—

23‘‘(i) IN GENERAL.—The term ‘speci-

24

fied corporation’ means, with respect to25

any taxable year, a corporation the aggre-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8811gate distributions (including redemptions)2of which during any taxable year ending

3

after December 31, 2017, exceed the sum

4of applicable stock issued of such corpora-5tion and 5 percent of the fair market value

6of the stock of such corporation as of the7last day of the taxable year.

8‘‘(ii) APPLICABLE

STOCK ISSUED.—

9

The term ‘applicable stock issued’ means,

10with respect to any corporation, the aggre-

11

gate value of stock issued by the corpora-

12tion during any taxable year ending after13

December 31, 2017, in exchange for money14

or property other than stock in such cor-15

poration.

16‘‘(iii) CERTAIN

17

DISREGARDED.—For18(i), stock described in section 1504(a)(4),19

and distributions (including redemptions)20with respect to such stock, shall be dis-21

regarded.

22‘‘(C) RELATED PERSON.—A person is a re-23

lated person to a taxpayer if the related person

24bears a relationship to the taxpayer specified in

25

section 267(b) or section 707(b)(1).

PREFERRED

STOCK

purposes of clause

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8821‘‘(5) SPECIAL RULE FOR LIFE INSURANCE COM-

2

PANIES.—In the case of a net operating loss of a life3

insurance company which arises in a taxable year

4

beginning after December 31, 2017, and before Jan-5uary 1, 2021, and which is a net operating loss

6

carryback to a taxable year beginning before Janu-7

ary 1, 2018, such net operating loss shall be treated8

as an operations loss deduction under subchapter L

9(as in effect before the enactment of Public Law

10

115–97) with respect to such taxable year in the11same manner as a loss arising in a taxable year be-

12

ginning before January 1, 2018.’’.

13(b) COORDINATION WITH TAXABLE YEARFOR

14 WHICH DEFERRED FOREIGN INCOME TREATED AS SUB15

PART F INCOME.—Section 965(n) of such Code is amend-

16 ed by adding at the end the following new paragraph:17‘‘(4) DEEMED ELECTION IN CASE OF CERTAIN

18

NET OPERATING LOSS CARRYBACKS.—In the case of19

a net operating loss carryback to such taxable year

20

by reason of section 172(g)(1), the taxpayer shall be

21

treated as having elected the application of this sub-22

section for such taxable year.’’.

23(c) CONFORMING AMENDMENT.—Section 172(b)(1)

24 of such Code is amended by inserting ‘‘and subsection (g)’’25 after ‘‘this paragraph’’.

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8831(d) REGULATORY AUTHORITY.—The Secretary of the2 Treasury (or the Secretary’s delegate) shall prescribe such3 regulations or other guidance as are necessary or appro4 priate to prevent the abuse of the purposes of the amend5 ments made by this section, including—6(1) anti-stuffing rules, anti-churning rules (in-7cluding rules relating to sale-leasebacks), and rules

8

similar to the rules under section 1091 of the Inter-9

nal Revenue Code of 1986 relating to losses from10

wash sales,11(2) rules applying this subsection to successor

12

corporations and in cases where a taxpayer becomes,

13

or ceases to be, a member of an affiliated group fil-14

ing a consolidated return under section 1501 of such

15

Code,

16

(3) rules treating members of an affiliated17

group filing a consolidated return under section

181501 of such Code as a single corporation, and

19(4) rules to prevent the avoidance of this sec-

20

tion through related parties, pass-through entities,

21

and intermediaries.

22(e) SPECIAL RULES.—Rules similar to the rules of

23 subparagraphs (B) and (D) of section 172(b)(1) of the
24 Internal Revenue Code of 1986, as in effect on the day
25 before the date of the enactment of Public Law 115–97,

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884
1 shall apply to any net operating loss to which the amend2 ment made by this section applies. The Secretary of the
3 Treasury (or the Secretary’s delegate) shall prescribe such4 regulations or other guidance as are necessary or appro5 priate to effect the purposes of such subparagraphs with
6 respect to any such net operating losses.
7(f) EFFECTIVE DATE.—

8(1) NET OPERATING LOSS LIMITATION.—Ex-9

cept as provided in paragraph (2), the amendments

10

made by subsections (a) shall apply to—

11(A) taxable years beginning after Decem-

12

ber 31, 2017, and

13(B) taxable years beginning on or before

14

December 31, 2017, to which net operating

15

losses arising in taxable years beginning after16

December 31, 2017, are carried.

17(2) CARRYBACKS.—In the case of the amend-

18

ments made by subsections (b) and (c), and so much

19

of subsection (a) as relates to the carryback of net

20

operating losses, such amendments shall apply to net

21

operating losses arising in taxable years ending after

22

December 31, 2017, and beginning before January

23

1, 2021.

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885

2

Subtitle F—Employee Retention
Credit3

SEC. 251. PAYROLL CREDIT FOR CERTAIN EMPLOYERS AF-

1

4

FECTED BY COVID–19.

5(a) IN GENERAL.—In the case of an eligible em-

6 ployer, there shall be allowed as a credit against the tax
7 imposed by section 3111(a) or 3221(a) of the Internal
8 Revenue Code of 1986 for each calendar quarter an
9 amount equal to 80 percent of the qualified wages allo10 cable to the inoperable trade or business with respect to
11 each employee of such employer for such calendar quarter.
12(b) LIMITATIONS AND REFUNDABILITY.—

13

(1)

WAGES

TAKEN

INTO

ACCOUNT.—The

14amount of qualified wages with respect to any em-

15ployee which may be taken into account under sub-16

section (a) by the eligible employer for all calendar

17

quarters shall not exceed $10,000.

18

(2)

CREDIT

LIMITEDTOEMPLOYMENT19

TAXES.—The credit allowed by subsection (a) with20

respect to any calendar quarter shall not exceed the21

tax imposed by section 3111(a) or 3221(a) of the

22

Internal Revenue Code of 1986 for such calendar

23

quarter (reduced by any credits allowed under sub-24

sections (e) and (f) of section 3111 and sections

25

7001 and 7003 of the Families First Coronavirus

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML886
1

Response Act) on the wages paid with respect to the2employment of all the employees of the eligible em-

3ployer.

4(3) REFUNDABILITY OF EXCESS CREDIT.—

5(A) IN GENERAL.—If the amount of the6credit under subsection (a) exceeds the limita-

7

tion of paragraph (2) for any calendar quarter,

8

such excess shall be treated as an overpayment

9that shall be refunded under sections 6402(a)10

and 6413(b) of such Code.

11(B) TREATMENT OF PAYMENTS.—For pur-12

poses of section 1324 of title 31, United States

13

Code, any amounts due to the employer under

14

this paragraph shall be treated in the same15

manner as a refund due from a credit provision

16

referred to in subsection (b)(2) of such section.

17(c) DEFINITIONS.—For purposes of this section—

18(1) ELIGIBLE EMPLOYER.—The term ‘‘eligible

19

employer’’ means an employer—

20(A) which conducted an active trade or21

business on January 31, 2020,

22(B) with respect to which such trade or23

business is an inoperable trade or business after

24

January 31, 2020 during any calendar quarter,

25

and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML8871(C) which had either—2(i) no more than 1,500 full-time3

equivalent employees (as defined in section

4

45R(d)(2) of the Internal Revenue Code of51986) for calendar year 2019, or

6(ii) no more than $41.5 million in7

gross receipts in calendar year 2019.

8(2) INOPERABLE TRADE OR BUSINESS.—The

9

term ‘‘inoperable trade or business’’ means any

10

trade or business of an eligible employer for which

11

gross receipts for the calendar quarter are less than12

80 percent of gross receipts for the same calendar

13

quarter for the prior year.

14(3) QUALIFIED WAGES.—The term ‘‘qualified

15

wages’’ means wages (as defined in section 3121(a)16of such Code) or compensation (as defined in section

173231(e) of such Code) paid or incurred by an eligi-

18

ble employer with respect to an employee on any day

19

after January 31, 2020 and before December 31,

20

2020 that falls during the designated period, except

21

that such term shall not include any wages taken

22

into account under section 7001 or section 7003 of

23

the Families First Coronavirus Response Act.

24(4) DESIGNATED

25

PERIOD.—Theterm ‘‘des-ignated period’’ means the period—

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888
1(A) beginning in the calendar quarter in2

which the trade or business became an inoper-3

able trade or business, and

4(B) ending in the calendar quarter for5which the gross receipts of the trade or busi-

6

ness of the eligible employer are greater than7

90 percent of gross receipts for the same cal-

8

endar quarter for the prior year.

9

Such term shall include wages paid or incurred with-10

out regard to whether the employee performs no11

services, performs services at a different place of em-

12ployment, or performs services during the period in

13

which the eligible employer is an inoperable trade or

14

business.

15(d) AGGREGATION RULE.—All persons treated as a

16 single employer under subsection (a) or (b) of section 52
17 of such Code, or subsection (m) or (o) of section 414 of
18 such Code, shall be treated as one eligible employer for
19 purposes of this section.
20(e) DENIAL OF DOUBLE BENEFIT.—For purposes of

21 chapter 1 of such Code, the gross income of the employer
22 for the taxable year which includes the last day of any
23 calendar quarter with respect to which a credit is allowed
24 under this section shall be increased by the amount of
25 such credit.

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889
1(f) SPECIAL RULE FOR THIRD PARTY PAYORS.—Any

2 credit allowed under this section shall be treated as a cred3 it described in section 3511(d)(2) of such Code.
4(g) ELECTION NOT TO HAVE SECTION APPLY.—This

5 section shall not apply with respect to any eligible em6 ployer for any calendar quarter if such employer elects (at7 such time and in such manner as the Secretary of the
8 Treasury (or the Secretary’s delegate) may prescribe) not
9 to have this section apply.
10(h) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE

11 THAN ONCE.—An employee shall not be treated as an em12 ployee for purposes of this section for any period with re13 spect to any employer if such employer is allowed a credit
14 under section 51 of such Code with respect to such em15 ployee for such period.
16(i) REGULATIONS.—The Secretary of the Treasury

17 (or the Secretary’s delegate) shall prescribe such regula18 tions or other guidance as may be necessary to carry out
19 the purposes of this section, including—20(1) regulations or other guidance providing for

21

waiver of penalties for failure to deposit amounts in

22

anticipation of the allowance of the credit allowed

23

under this section,

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1(2) regulations or other guidance regarding the2form and manner for recapturing credits under this3

section,4(3) regulations or other guidance to prevent the5

avoidance of the purposes of this section,

6(4) regulations or other guidance describing

7

proper calculation of gross receipts for purposes of8

subsection (c) for eligible employers that did not op-

9erate a trade or business in prior calendar quarters,

10

and

11

(5) regulations or other guidance regarding the12application of the credit under subsection (a) to

13third party payors (including professional employer

14organizations, certified professional employer organi-

15

zations, or agents under section 3504 of such Code),16

including regulations or other guidance allowing

17

such payors to submit documentation necessary to

18

substantiate the eligible employer status of employ-19

ers that use such payors.

20(j) TRANSFERS TO FEDERAL OLD-AGE AND SUR-

21

VIVORS INSURANCE TRUST FUND.—There are hereby ap-

22 propriated to the Federal Old-Age and Survivors Insur23 ance Trust Fund and the Federal Disability Insurance
24 Trust Fund established under section 201 of the Social
25 Security Act (42 U.S.C. 401) and the Social Security

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1 Equivalent Benefit Account established under section
2 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C.
3 14 231n–1(a)) amounts equal to the reduction in revenues
4 to the Treasury by reason of this section (without regard
5 to this subsection). Amounts appropriated by the pre6 ceding sentence shall be transferred from the general fund
7 at such times and in such manner as to replicate to the
8 extent possible the transfers which would have occurred
9 to such Trust Fund or Account had this section not been
10 enacted.

Subtitle G—Credits for Paid Sickand Family Leave

11
12
13

SEC. 261. EXTENSION OF CREDITS.

14

Sections 7001(g), 7002(e), 7003(g), and 7004(e) of

15 Public Law 116–127 are each amended by striking
16 ‘‘2020’’ and inserting ‘‘2021’’.
17

SEC. 262. REPEAL OF REDUCED RATE OF CREDIT FOR CER-

18

TAIN LEAVE.

19(a) PAYROLL CREDIT.—Section 7001(b) of Public

20 Law 116–127 is amended by striking ‘‘$200 ($511 in the
21 case of any day any portion of which is paid sick time
22 described in paragraph (1), (2), or (3) of section 5102(a)23 of the Emergency Paid Sick Leave Act)’’ and inserting24 ‘‘$511’’.
25(b) SELF-EMPLOYED CREDIT.—

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892
1

GENERAL.—Section(1) IN27002(c)(1)(B) of

Public Law 116–127 is amended to read as follows:

3‘‘(B) the lesser of—

4‘‘(i) $511, or

5‘‘(ii) the average daily self-employ-

6

ment income of the individual for the tax-

7

able year.’’.

8(2)

CONFORMINGAMENDMENT.—Section

97002(d)(3) of Public Law 116–127 is amended by10

striking ‘‘$2,000 ($5,110 in the case of any day any

11portion of which is paid sick time described in para-

12

graph (1), (2), or (3) of section 5102(a) of the

13

Emergency Paid Sick Leave Act)’’ and inserting

14‘‘$5,110’’.

15

SEC. 263. FEDERAL, STATE, AND LOCAL GOVERNMENTS AL-

16

LOWED TAX CREDITS FOR PAID SICK AND

17

PAID FAMILY AND MEDICAL LEAVE.

18(a) CREDIT FOR REQUIRED PAID SICK LEAVE.—Sec-

19 tion 7001(e) of Public Law 116–127 is amended by strik20 ing paragraph (4).
21(b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.—

22 Section 7003(e) of Public Law 116–127 is amended by
23 striking paragraph (4).

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893
1SEC. 264. CREDITS NOT ALLOWED TO CERTAIN LARGE EM-

2

PLOYERS.

3(a) CREDIT FOR REQUIRED PAID SICK LEAVE.—

4(1) IN GENERAL.—Section 7001(a) of Public5

Law 116–127 is amended by striking ‘‘In the case6of an employer’’ and inserting ‘‘In the case of an eli-

7gible employer’’.

8(2) ELIGIBLE EMPLOYER.—Section 7001(c) of

9

Public Law 116–127 is amended by striking ‘‘For

10

purposes of this section, the term’’ and all that pre-11

cedes it and inserting the following:

12‘‘(c) DEFINITIONS.—For purposes of this section—

13‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible

14

employer’ means any employer other an applicable15

large employer (as defined in section 4980H(c)(2),16

determined by substituting ‘500’ for ‘50’ each place17

it appears in subparagraphs (A) and (B) thereof and18

without regard to subparagraphs (D) and (F) there-

19of). For purposes of the preceding sentence, the20

Government of the United States, the government of

21

any State or political subdivision thereof, or any

22

agency or instrumentality of any of the foregoing,

23

shall not be treated as an applicable large employer.

24‘‘(2) QUALIFIED

SICK

LEAVE

WAGES.—The25

term’’.

26(b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.—

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1(1) IN GENERAL.—Section 7003(a) of Public2

Law 116–127 is amended by striking ‘‘In the case3of an employer’’ and inserting ‘‘In the case of an eli-

4gible employer’’.

5(2) ELIGIBLE EMPLOYER.—Section 7003(c) of

6

Public Law 116–127 is amended by striking ‘‘For

7

purposes of this section, the term’’ and all that pre-8

cedes it and inserting the following:

9‘‘(c) DEFINITIONS.—For purposes of this section—

10‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible

11

employer’ means any employer other an applicable

12

large employer (as defined in section 4980H(c)(2),13

determined by substituting ‘500’ for ‘50’ each place14

it appears in subparagraphs (A) and (B) thereof and15

without regard to subparagraphs (D) and (F) there-

16of). For purposes of the preceding sentence, the17Government of the United States, the government of18

any State or political subdivision thereof, or any

19

agency or instrumentality of any of the foregoing,20

shall not be treated as an applicable large employer.

21‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The22

term’’.

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895
1SEC. 265. EFFECTIVE DATE.

2

The amendments made by this title shall take effect

3 as if included in the provisions of Public Law 116–127
4 to which they relate.

TITLE III—ADMINISTRATIVE

56

SEC. 301. DELAY OF CERTAIN DEADLINES.

7(a) FILING DEADLINES FOR 2019.—In the case of

8 any return required to be filed for a taxable year ending
9 in 2019, including for purposes of section 6151(a) of the
10 Internal Revenue Code of 1986, section 6072(a) of such
11 Code shall be applied—12(1) by substituting ‘‘July’’ for ‘‘April’’, and13(2) by substituting ‘‘the seventh month’’ for14‘‘the fourth month’’.

15(b) ESTIMATED TAX PAYMENTS

16

FOR

INDIVID-

UALS.—

17(1) IN GENERAL.—In the case of an individual,18

the due date for any required installment under sec-

19

tion 6654 of the Internal Revenue Code of 1986

20

which (but for the application of this section) would

21

be due during the applicable period shall not be due

22

before October 15, 2020, and all such installments

23

shall be treated as one installment due on such date.

24

The Secretary of the Treasury (or the Secretary’s

25

delegate) shall prescribe such regulations or other

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896
1

guidance as may be necessary to carry out the pur-2

poses of this subsection.

3(2) APPLICABLE PERIOD.—For purposes of this4

subsection, the applicable period is the period begin-

5ning on the date of the enactment of this Act and6ending before October 15, 2020.

8

TITLE IV—RETIREMENTPROVISIONS

9SEC. 401. SPECIAL RULES FOR USE OF RETIREMENT

710FUNDS.

1112(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.—

13(1) IN GENERAL.—Section 72(t) of the Internal

14

Revenue Code of 1986 shall not apply to any

15coronavirus-related distribution.

16(2) AGGREGATE DOLLAR LIMITATION.—

17(A) IN GENERAL.—For purposes of this18

subsection, the aggregate amount of distribu-

19

tions received by an individual which may be20

treated as coronavirus-related distributions for21

any taxable year shall not exceed $100,000.

22(B) TREATMENT

OF

PLAN

DISTRIBU-

23

TIONS.—If a distribution to an individual would

24(without regard to subparagraph (A)) be a25

coronavirus-related distribution, a plan shall not

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897
1

be treated as violating any requirement of the

2

Internal Revenue Code of 1986 merely because

3

the

4

coronavirus-related distribution, unless the ag-

5gregate amount of such distributions from all

6plans maintained by the employer (and any

7member of any controlled group which includes

8

the employer) to such individual exceeds

9$100,000.

plan

treatssuch

distribution

as

a

10

(C) CONTROLLED GROUP.—For purposes

11

of subparagraph (B), the term ‘‘controlled

12group’’ means any group treated as a single

13

employer under subsection (b), (c), (m), or (o)14of section 414 of the Internal Revenue Code of

15

1986.

16

(3) AMOUNT DISTRIBUTED MAY BE REPAID.—

17(A) IN GENERAL.—Any individual who re-18

ceives a coronavirus-related distribution may, at

19

any time during the 3-year period beginning on

20

the day after the date on which such distribu-

21

tion was received, make 1 or more contributions

22in an aggregate amount not to exceed the23amount of such distribution to an eligible retire-

24

ment plan of which such individual is a bene-

25

ficiary and to which a rollover contribution of

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898
1such distribution could be made under section

2402(c), 403(a)(4), 403(b)(8), 408(d)(3), or3457(e)(16), of the Internal Revenue Code of4

1986, as the case may be.

5(B) TREATMENT OF REPAYMENTS OF DIS-

6

TRIBUTIONS

7

PLANS OTHER THAN IRAS.—For

8

the Internal Revenue Code of 1986, if a con-9

tribution is made pursuant to subparagraph (A)10with respect to a coronavirus-related distribu-

11

tion from an eligible retirement plan other than12

an individual retirement plan, then the taxpayer

13

shall, to the extent of the amount of the con-14

tribution, be treated as having received the15coronavirus-related distribution in an eligible

16rollover distribution (as defined in section

17402(c)(4) of such Code) and as having trans-

18

ferred the amount to the eligible retirement

19

plan in a direct trustee to trustee transfer with-20

in 60 days of the distribution.

FROM

ELIGIBLE

RETIREMENT

purposes of21(C) TREATMENT OF REPAYMENTS OF DIS-

22

TRIBUTIONS FROM IRAS.—For purposes of the

23

Internal Revenue Code of 1986, if a contribu-

24tion is made pursuant to subparagraph (A)25with respect to a coronavirus-related distribu-

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899
1tion from an individual retirement plan (as de-2

fined by section 7701(a)(37) of such Code),3

then, to the extent of the amount of the con-4

tribution, the coronavirus-related distribution

5

shall be treated as a distribution described in

6section 408(d)(3) of such Code and as having

7

been transferred to the eligible retirement plan8

in a direct trustee to trustee transfer within 60

9days of the distribution.

10(4) DEFINITIONS.—For purposes of this sub-11

section—

12

(A)

13

TION.—Except

14

the

15

means any distribution from an eligible retire-16

ment plan made—

17

CORONAVIRUS-RELATED

term

DISTRIBU-

as provided in paragraph (2),‘‘coronavirus-related

distribution’’(i) on or after January 1, 2020, and18

before December 31, 2020,

19(ii) to an individual—

20(I) who is diagnosed with the

21

virus

22

coronavirus disease 2019 (COVID–

2319) by a test approved by the Centers

24

for Disease Control and Prevention,

SARS–CoV–2

or

with

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9001(II) whose spouse or dependent2(as defined in section 152 of the In-

3

ternal Revenue Code of 1986) is diag-4

nosed with such virus or disease by5such a test, or

6(III) who experiences adverse fi-

7nancial consequences as a result of

8

being quarantined, being furloughed9or laid off or having work hours re-10

duced due to such virus or disease,11

being unable to work due to lack of

12child care due to such virus or dis-13

ease, closing or reducing hours of a14

business owned or operated by the in-15

dividual due to such virus or disease,16

or other factors as determined by the17

Secretary of the Treasury (or the Sec-18

retary’s delegate).

19(B) EMPLOYEE CERTIFICATION.—The ad-20

ministrator of an eligible retirement plan may

21

rely on an employee’s certification that the em-

22ployee satisfies the conditions of subparagraph

23(A)(ii) in determining whether any distribution24

is a coronavirus-related distribution.

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901
1(C) ELIGIBLE

RETIREMENT PLAN.—The2

term ‘‘eligible retirement plan’’ has the meaning

3

given such term by section 402(c)(8)(B) of the

4Internal Revenue Code of 1986.

5(5) INCOME INCLUSION SPREAD OVER 3-YEAR

6

PERIOD.—

7(A) IN

GENERAL.—In

the case of any

8coronavirus-related distribution, unless the tax-

9

payer elects not to have this paragraph apply

10

for any taxable year, any amount required to be

11

included in gross income for such taxable year

12

shall be so included ratably over the 3-taxable-

13

year period beginning with such taxable year.

14(B) SPECIAL RULE.—For purposes of sub-15

paragraph (A), rules similar to the rules of sub-16

paragraph (E) of section 408A(d)(3) of the In-

17

ternal Revenue Code of 1986 shall apply.

18(6) SPECIAL RULES.—

19(A) EXEMPTION OF DISTRIBUTIONS FROM

20

TRUSTEE TO TRUSTEE TRANSFER AND WITH-

21

HOLDING22

401(a)(31), 402(f), and 3405 of the Internal

23

Revenue Code of 1986, coronavirus-related dis-24

tributions shall not be treated as eligible roll-25

over distributions.

RULES.—For

purposes of sections

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902
1

(B)

CORONAVIRUS-RELATED

DISTRIBU-

2TIONS TREATED AS MEETING PLAN DISTRIBU-

3

TION REQUIREMENTS.—For purposes of the In-

4

ternal Revenue Code of 1986, a coronavirus-re-5

lated distribution shall be treated as meeting6

the requirements of sections 401(k)(2)(B)(i),7403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A)8

of such Code.

9(b) LOANS FROM QUALIFIED PLANS.—

10(1) INCREASE IN LIMIT ON LOANS NOT TREAT-

11

ED AS DISTRIBUTIONS.—In

12from a qualified employer plan (as defined under13

section 72(p)(4) of the Internal Revenue Code of

141986) to a qualified individual made during the 180-

15

day period beginning on the date of the enactment

16of this Act—the case of any loan

17(A) clause (i) of section 72(p)(2)(A) of

18

such Code shall be applied by substituting

19‘‘$100,000’’ for ‘‘$50,000’’, and20(B) clause (ii) of such section shall be ap-

21

plied by substituting ‘‘the present value of the22

nonforfeitable accrued benefit of the employee

23

under the plan’’ for ‘‘one-half of the present

24value of the nonforfeitable accrued benefit of25

the employee under the plan’’.

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903
1(2) DELAY OF REPAYMENT.—In the case of a2

qualified individual with an outstanding loan (on or

3

after the date of the enactment of this Act) from a4

qualified employer plan (as defined in section

572(p)(4) of the Internal Revenue Code of 1986)—

6(A) if the due date pursuant to subpara-

7

graph (B) or (C) of section 72(p)(2) of such8

Code for any repayment with respect to such

9

loan occurs during the period beginning on the

10date of the enactment of this Act and ending on

11

December 31, 2020, such due date shall be de-12layed for 1 year (or, if later, until the date

13

which is 180 days after the date of the enact-

14

ment of this Act),

15(B) any subsequent repayments with re-16

spect to any such loan shall be appropriately

17

adjusted to reflect the delay in the due date18

under subparagraph (A) and any interest accru-

19

ing during such delay, and

20(C) in determining the 5-year period and21

the term of a loan under subparagraph (B) or

22(C) of section 72(p)(2) of such Code, the period

23

described in subparagraph (A) of this para-

24

graph shall be disregarded.

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904
1(3) QUALIFIED INDIVIDUAL.—For purposes of2

this subsection, the term ‘‘qualified individual’’3means any individual who is described in subsection

4(a)(4)(A)(ii).

5(c) PROVISIONS RELATING

6TO

PLAN AMEND-

MENTS.—

7(1) IN GENERAL.—If this subsection applies to8

any amendment to any plan or annuity contract,9

such plan or contract shall be treated as being oper-

10

ated in accordance with the terms of the plan during

11

the period described in paragraph (2)(B)(i).

12(2) AMENDMENTS TO WHICH SUBSECTION AP-

13

PLIES.—

14(A) IN GENERAL.—This subsection shall15

apply to any amendment to any plan or annuity

16

contract which is made—17(i) pursuant to any provision of this18

section, or pursuant to any regulation

19

issued by the Secretary of the Treasury or

20

the Secretary of Labor (or the delegate of21

either such Secretary) under any provision

22of this section, and23(ii) on or before the last day of the24

first plan year beginning on or after Janu-25

ary 1, 2022, or such later date as the Sec-

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905
1

retary of the Treasury (or the Secretary’s

2delegate) may prescribe.

3

In the case of a governmental plan (as defined4

in section 414(d) of the Internal Revenue Code5of 1986), clause (ii) shall be applied by sub-6

stituting the date which is 2 years after the7date otherwise applied under clause (ii).

8(B) CONDITIONS.—This subsection shall9

not apply to any amendment unless—

10(i) during the period—

11(I) beginning on the date that12

this section or the regulation de-

13

scribed in subparagraph (A)(i) takes

14

effect (or in the case of a plan or con-15

tract amendment not required by this16

section or such regulation, the effec-

17

tive date specified by the plan), and18(II) ending on the date described

19

in subparagraph (A)(ii) (or, if earlier,20

the date the plan or contract amend-

21

ment is adopted),22

the plan or contract is operated as if such

23

plan or contract amendment were in effect,

24

and

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9061(ii) such plan or contract amendment

2

applies retroactively for such period.

3

SEC. 402. SINGLE-EMPLOYER PLAN FUNDING RULES.

4(a) DELAY IN PAYMENT OF MINIMUM REQUIRED

5 CONTRIBUTIONS.—In the case of any minimum required
6 contribution (as determined under section 430(a) of the
7 Internal Revenue Code of 1986 and section 303(a) of the
8 Employee Retirement Income Security Act of 1974 (29
9 U.S.C. 1083(a))) which (but for this section) would other10 wise be due under section 430(j) of such Code (including
11 quarterly contributions under paragraph (3) thereof) and
12 section 303(j) of such Act (29 U.S.C. 1083(j)) (including
13 quarterly contributions under paragraph (3) thereof) dur14 ing calendar year 2020—15(1) such contributions shall not be required to16

be made until January 1, 2021, and

17(2) the amount of each such minimum required

18

contribution shall be increased by interest accruing

19

for the period between the original due date (without

20

regard to this section) for the contribution and the21

payment date, at the effective rate of interest for the22plan for the plan year which includes such payment

23

date.

24

(b) BENEFIT RESTRICTION STATUS.—For purposes

25 of section 436 of the Internal Revenue Code of 1986 and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML907
1 section 206(g) of the Employee Retirement Income Secu2 rity Act of 1974 (29 U.S.C. 1056(g)), a plan sponsor may
3 elect to treat the plan’s adjusted funding target attain4 ment percentage for the last plan year ending before Janu5 ary 1, 2020, as the adjusted funding target attainment
6 percentage for plan years which include calendar year
7 2020.
8

SEC. 403. TEMPORARY WAIVER OF REQUIRED MINIMUM

9DISTRIBUTION RULES FOR CERTAIN RETIRE-

10MENT PLANS AND ACCOUNTS.

11(a) IN GENERAL.—Section 401(a)(9) of the Internal

12 Revenue Code of 1986 is amended by adding at the end
13 the following new subparagraph:
14‘‘(I) TEMPORARY WAIVER OF MINIMUM RE-

15

QUIRED DISTRIBUTION.—

16‘‘(i) IN GENERAL.—The requirements

17of this paragraph shall not apply for cal-18

endar year 2020 to—19‘‘(I) a defined contribution plan20

which is described in this subsection

21

or in section 403(a) or 403(b),22‘‘(II) a defined contribution plan

23

which is an eligible deferred com-24

pensation plan described in section

25457(b) but only if such plan is main-

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908
1tained by an employer described in

2

section 457(e)(1)(A), or3‘‘(III) an individual retirement

4

plan.

5

‘‘(ii) SPECIAL RULE FOR REQUIRED6

BEGINNING

7

shall apply to any distribution which is re-8quired to be made in calendar year 2020

9by reason of—

10

DATES

IN

2020.—Clause(i)‘‘(I) a required beginning date11

occurring in such calendar year, and12‘‘(II) such distribution not having

13

been made before January 1, 2020.

14‘‘(iii) SPECIAL

15

WAIVER

16

paragraph—

RULES

PERIOD.—For

REGARDING

purposes of this17‘‘(I) the required beginning date18

with respect to any individual shall be

19determined without regard to this20

subparagraph for purposes of applying

21

this paragraph for calendar years

22

after 2020,23‘‘(II) if clause (ii) of subpara-

24

graph (B) applies, the 5-year period

25

described in such clause shall be de-

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909
1

termined without regard to calendar

2

year 2020,

3‘‘(III) if clause (iii) of subpara-

4graph (E) applies, the 10-year period

5described in such clause shall be de-6termined without regard to calendar

7

year 2020, and8‘‘(IV) if clause (i) of subpara-

9graph (H) applies, the 10-year period

10

described in such clause shall be de-11termined without regard to calendar

12

year 2020.’’.

13(b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section

14 402(c)(4) of the Internal Revenue Code of 1986 is amend15 ed by striking ‘‘2009’’ each place it appears in the last
16 sentence and inserting ‘‘2020’’.
17(c) EFFECTIVE DATES.—

18(1) IN GENERAL.—The amendments made by19

this section shall apply for calendar years beginning

20

after December 31, 2019.

21(2) PROVISIONS RELATING TO PLAN OR CON-

22

TRACT AMENDMENTS.—

23(A) IN GENERAL.—If this paragraph ap-

24plies to any pension plan or contract amend-

25

ment, such pension plan or contract shall not

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1

fail to be treated as being operated in accord-2

ance with the terms of the plan during the pe-

3riod described in subparagraph (B)(ii) solely be-4cause the plan operates in accordance with this5

section.

6(B) AMENDMENTS TO WHICH PARAGRAPH

7

APPLIES.—8(i) IN

GENERAL.—This

paragraph9

shall apply to any amendment to any pen-10

sion plan or annuity contract which—

11(I) is made pursuant to the12amendments made by this section,

13

and

14

(II) is made on or before the last15

day of the first plan year beginning16

on or after January 1, 2022.

17

In the case of a governmental plan, sub-18

clause (II) shall be applied by substituting

19‘‘2024’’ for ‘‘2022’’.

20

(ii)

CONDITIONS.—This

paragraph21

shall not apply to any amendment unless22

during the period beginning on the effec-

23

tive date of the amendment and ending on

24

December 31, 2020, the plan or contract is

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911
1

operated as if such plan or contract2

amendment were in effect.

3

SEC. 404. MODIFICATION OF SPECIAL RULES FOR MINIMUM

4FUNDING

5

NEWSPAPER PLANS.

6STANDARDSFORCOMMUNITY(a) AMENDMENT TO INTERNAL REVENUE CODE OF

7 1986.—Subsection (m) of section 430 of the Internal Rev8 enue Code of 1986, as added by the Setting Every Com9 munity Up for Retirement Enhancement Act of 2019, is
10 amended to read as follows:11‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

12 PLANS.—
13‘‘(1) IN GENERAL.—An eligible newspaper plan14

sponsor of a plan under which no participant has

15

had the participant’s accrued benefit increased

16(whether because of service or compensation) after

17

April 2, 2019, may elect to have the alternative

18

standards described in paragraph (4) apply to such

19

plan.

20

‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—

21

The term ‘eligible newspaper plan sponsor’ means

22

the plan sponsor of—

23‘‘(A) any community newspaper plan, or

24‘‘(B) any other plan sponsored, as of April

25

2, 2019, by a member of the same controlled

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML912
1group of a plan sponsor of a community news-2

paper plan if such member is in the trade or3business of publishing 1 or more newspapers.

4‘‘(3) ELECTION.—An election under paragraph5(1) shall be made at such time and in such manner6

as prescribed by the Secretary. Such election, once7

made with respect to a plan year, shall apply to all

8subsequent plan years unless revoked with the con-9

sent of the Secretary.

10‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-

11

ARDS.—The alternative standards described in this12

paragraph are the following:

13‘‘(A) INTEREST RATES.—

14‘‘(i) IN

GENERAL.—Notwithstanding

15

subsection (h)(2)(C) and except as pro-16

vided in clause (ii), the first, second, and17third segment rates in effect for any

18month for purposes of this section shall be

19

8 percent.

20‘‘(ii) NEW BENEFIT ACCRUALS.—Not-

21

withstanding subsection (h)(2), for pur-22

poses of determining the funding target

23

and normal cost of a plan for any plan24

year, the present value of any benefits ac-

25

crued or earned under the plan for a plan

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML913
1year with respect to which an election

2

under paragraph (1) is in effect shall be

3determined on the basis of the United

4

States Treasury obligation yield curve for5

the day that is the valuation date of such6plan for such plan year.

7‘‘(iii) UNITED STATES TREASURY OB-

8

LIGATION YIELD CURVE.—For purposes of

9this subsection, the term ‘United States

10

Treasury obligation yield curve’ means,

11with respect to any day, a yield curve

12

which shall be prescribed by the Secretary

13

for such day on interest-bearing obligations

14of the United States.

15‘‘(B) SHORTFALL AMORTIZATION BASE.—

16‘‘(i) PREVIOUS SHORTFALL AMORTIZA-

17

TION BASES.—The18

bases determined under subsection (c)(3)19

for all plan years preceding the first plan

20

year to which the election under paragraph21(1) applies (and all shortfall amortization

22

installments determined with respect to23such bases) shall be reduced to zero under24

rules similar to the rules of subsection

25(c)(6).

shortfall amortization

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1‘‘(ii) NEW SHORTFALL AMORTIZATION

2

BASE.—Notwithstanding subsection (c)(3),3

the shortfall amortization base for the first4plan year to which the election under para-

5graph (1) applies shall be the funding

6

shortfall of such plan for such plan year

7

(determined using the interest rates as

8

modified under subparagraph (A)).

9‘‘(C) DETERMINATION OF SHORTFALL AM-

10

ORTIZATION INSTALLMENTS.—

11

‘‘(i)

30-YEARPERIOD.—Subpara-

12

graphs (A) and (B) of subsection (c)(2)

13

shall be applied by substituting ‘30-plan-

14

year’ for ‘7-plan-year’ each place it ap-

15

pears.

16‘‘(ii) NO

SPECIAL

ELECTION.—The17election under subparagraph (D) of sub-18

section (c)(2) shall not apply to any plan

19

year to which the election under paragraph20(1) applies.

21‘‘(D) EXEMPTION FROM AT-RISK TREAT-

22

MENT.—Subsection (i) shall not apply.

23‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-24

poses of this subsection—

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915
1‘‘(A) IN GENERAL.—The term ‘community

2

newspaper plan’ means any plan to which this3

section applies maintained as of December 31,

4

2018, by an employer which—5‘‘(i) maintains the plan on behalf of

6participants and beneficiaries with respect

7

to employment in the trade or business of

8

publishing 1 or more newspapers which

9were published by the employer at any

10time during the 11-year period ending on

11

the date of the enactment of this sub-12

section,13‘‘(ii)(I) is not a company the stock of

14

which is publicly traded (on a stock ex-

15change or in an over-the-counter market),16

and is not controlled, directly or indirectly,

17

by such a company, or18‘‘(II) is controlled, directly or indi-

19

rectly, during the entire 30-year period

20

ending on the date of the enactment of this21

subsection by individuals who are members

22of the same family, and does not publish or

23

distribute a daily newspaper that is car-24

rier-distributed in printed form in more

25

than 5 States, and

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1‘‘(iii) is controlled, directly or indi-

2

rectly—3‘‘(I) by 1 or more persons resid-4

ing primarily in a State in which the5community newspaper has been pub-6

lished on newsprint or carrier-distrib-

7

uted,

8

‘‘(II) during the entire 30-year

9

period ending on the date of the en-10

actment of this subsection by individ-

11

uals who are members of the same

12

family,13‘‘(III) by 1 or more trusts, the14sole trustees of which are persons de-15

scribed in subclause (I) or (II), or

16‘‘(IV) by a combination of per-17

sons described in subclause (I), (II),18or (III).

19‘‘(B) NEWSPAPER.—The term ‘newspaper’

20

does not include any newspaper (determined

21

without regard to this subparagraph) to which22

any of the following apply:

23‘‘(i) Is not in general circulation.

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1‘‘(ii) Is published (on newsprint or2electronically) less frequently than 3 times

3

per week.

4‘‘(iii) Has not ever been regularly

5

published on newsprint.

6‘‘(iv) Does not have a bona fide list of

7

paid subscribers.

8‘‘(C) CONTROL.—A person shall be treated9

as controlled by another person if such other10

person possesses, directly or indirectly, the11power to direct or cause the direction and man-

12

agement of such person (including the power to

13elect a majority of the members of the board of

14

directors of such person) through the ownership15

of voting securities.

16‘‘(6) CONTROLLED GROUP.—For purposes of17this subsection, the term ‘controlled group’ means all

18

persons treated as a single employer under sub-19

section (b), (c), (m), or (o) of section 414 as of the20date of the enactment of this subsection.’’.

21(b) AMENDMENT TO EMPLOYEE RETIREMENT IN-

22

COME SECURITY ACT OF 1974.—Subsection (m) of section

23 303 of the Employee Retirement Income Security Act of
24 1974 (29 U.S.C. 1083(m)), as added by the Setting Every

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918
1 Community Up for Retirement Enhancement Act of 2019,2 is amended to read as follows:3‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

4 PLANS.—5‘‘(1) IN GENERAL.—An eligible newspaper plan6

sponsor of a plan under which no participant has

7

had the participant’s accrued benefit increased

8(whether because of service or compensation) after9

April 2, 2019, may elect to have the alternative

10

standards described in paragraph (4) apply to such

11

plan.

12

‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—

13

The term ‘eligible newspaper plan sponsor’ means

14

the plan sponsor of—

15‘‘(A) any community newspaper plan, or

16‘‘(B) any other plan sponsored, as of April

17

2, 2019, by a member of the same controlled

18

group of a plan sponsor of a community news-

19

paper plan if such member is in the trade or20

business of publishing 1 or more newspapers.

21‘‘(3) ELECTION.—An election under paragraph22(1) shall be made at such time and in such manner23

as prescribed by the Secretary of the Treasury. Such

24

election, once made with respect to a plan year, shall

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919
1

apply to all subsequent plan years unless revoked2

with the consent of the Secretary of the Treasury.

3‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-

4

ARDS.—The alternative standards described in this5

paragraph are the following:

6‘‘(A) INTEREST RATES.—

7‘‘(i) IN

GENERAL.—Notwithstanding

8

subsection (h)(2)(C) and except as pro-9

vided in clause (ii), the first, second, and10third segment rates in effect for any

11month for purposes of this section shall be

128 percent.

13‘‘(ii) NEW BENEFIT ACCRUALS.—Not-

14

withstanding subsection (h)(2), for pur-15

poses of determining the funding target

16

and normal cost of a plan for any plan

17

year, the present value of any benefits ac-

18

crued or earned under the plan for a plan

19

year with respect to which an election

20

under paragraph (1) is in effect shall be

21

determined on the basis of the United

22

States Treasury obligation yield curve for23

the day that is the valuation date of such

24plan for such plan year.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML920
1‘‘(iii) UNITED STATES TREASURY OB-

2

LIGATION YIELD CURVE.—For purposes of3

this subsection, the term ‘United States

4

Treasury obligation yield curve’ means,

5with respect to any day, a yield curve

6

which shall be prescribed by the Secretary

7of the Treasury for such day on interest-

8

bearing obligations of the United States.

9‘‘(B) SHORTFALL AMORTIZATION BASE.—

10‘‘(i) PREVIOUS SHORTFALL AMORTIZA-

11

TION BASES.—The12

bases determined under subsection (c)(3)13

for all plan years preceding the first plan

14

year to which the election under paragraph15(1) applies (and all shortfall amortization

16

installments determined with respect to17such bases) shall be reduced to zero under18

rules similar to the rules of subsection

19(c)(6).

shortfall amortization

20‘‘(ii) NEW SHORTFALL AMORTIZATION

21

BASE.—Notwithstanding subsection (c)(3),22

the shortfall amortization base for the first23

plan year to which the election under para-

24

graph (1) applies shall be the funding

25

shortfall of such plan for such plan year

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1(determined using the interest rates as2

modified under subparagraph (A)).

3‘‘(C) DETERMINATION OF SHORTFALL AM-

4

ORTIZATION INSTALLMENTS.—

5

‘‘(i)

30-YEARPERIOD.—Subpara-

6graphs (A) and (B) of subsection (c)(2)

7

shall be applied by substituting ‘30-plan-

8

year’ for ‘7-plan-year’ each place it ap-

9pears.

10‘‘(ii) NO

SPECIAL

ELECTION.—The

11

election under subparagraph (D) of sub-12

section (c)(2) shall not apply to any plan

13

year to which the election under paragraph

14(1) applies.

15‘‘(D) EXEMPTION FROM AT-RISK TREAT-

16

MENT.—Subsection (i) shall not apply.

17‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-18

poses of this subsection—

19‘‘(A) IN GENERAL.—The term ‘community

20

newspaper plan’ means a plan to which this sec-

21

tion applies maintained as of December 31,

22

2018, by an employer which—23‘‘(i) maintains the plan on behalf of

24participants and beneficiaries with respect

25

to employment in the trade or business of

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922
1

publishing 1 or more newspapers which2were published by the employer at any

3time during the 11-year period ending on

4

the date of the enactment of this sub-5

section,6‘‘(ii)(I) is not a company the stock of

7which is publicly traded (on a stock ex-

8change or in an over-the-counter market),9and is not controlled, directly or indirectly,

10

by such a company, or11‘‘(II) is controlled, directly, or indi-

12

rectly, during the entire 30-year period

13

ending on the date of the enactment of this14

subsection by individuals who are members

15of the same family, and does not publish or

16

distribute a daily newspaper that is car-17

rier-distributed in printed form in more

18

than 5 States, and19‘‘(iii) is controlled, directly, or indi-

20

rectly—21‘‘(I) by 1 or more persons resid-22

ing primarily in a State in which the23

community newspaper has been pub-24

lished on newsprint or carrier-distrib-

25

uted,

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923
1‘‘(II) during the entire 30-year2

period ending on the date of the en-3

actment of this subsection by individ-

4

uals who are members of the same5

family,6‘‘(III) by 1 or more trusts, the7sole trustees of which are persons de-8

scribed in subclause (I) or (II), or

9‘‘(IV) by a combination of per-10

sons described in subclause (I), (II),11or (III).

12‘‘(B) NEWSPAPER.—The term ‘newspaper’

13

does not include any newspaper (determined

14

without regard to this subparagraph) to which15

any of the following apply:

16‘‘(i) Is not in general circulation.

17‘‘(ii) Is published (on newsprint or

18electronically) less frequently than 3 times

19

per week.

20‘‘(iii) Has not ever been regularly

21

published on newsprint.

22‘‘(iv) Does not have a bona fide list of

23

paid subscribers.

24‘‘(C) CONTROL.—A person shall be treated25

as controlled by another person if such other

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1

person possesses, directly or indirectly, the2power to direct or cause the direction and man-3

agement of such person (including the power to4elect a majority of the members of the board of5

directors of such person) through the ownership6of voting securities.

7‘‘(6) CONTROLLED GROUP.—For purposes of8this subsection, the term ‘controlled group’ means all

9

persons treated as a single employer under sub-10

section (b), (c), (m), or (o) of section 414 of the In-

11

ternal Revenue Code of 1986 as of the date of the

12

enactment of this subsection.

13‘‘(7) EFFECTON PREMIUM RATE CALCULA-

14

TION.—Notwithstanding any other provision of law

15

or any regulation issued by the Pension Benefit

16

Guaranty Corporation, in the case of a plan for

17

which an election is made to apply the alternative

18

standards described in paragraph (3), the additional

19

premium under section 4006(a)(3)(E) shall be deter-

20

mined as if such election had not been made.’’.

21(c) EFFECTIVE DATE.—The amendments made by

22 this section shall apply to plan years ending after Decem23 ber 31, 2017.

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925
1

SEC. 405. APPLICATION OF COOPERATIVE AND SMALL EM-

2

PLOYER CHARITY PENSION PLAN RULES TO

3

CERTAIN CHARITABLE EMPLOYERS WHOSE

4PRIMARY EXEMPT PURPOSE IS PROVIDING5

SERVICES WITH RESPECT TO MOTHERS AND

6

CHILDREN.

7(a) EMPLOYEE RETIREMENT INCOME SECURITY ACT

8

OF 1974.—Section 210(f)(1) of the Employee Retirement

9 Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) is
10 amended—
11(1) by striking ‘‘or’’ at the end of subparagraph

12

(B);

13

(2) by striking the period at the end of sub-14

paragraph (C)(iv) and inserting ‘‘; or’’; and15(3) by inserting after subparagraph (C) the fol-16

lowing new subparagraph:17‘‘(D) that, as of January 1, 2000, was18

maintained by an employer—

19‘‘(i) described in section 501(c)(3) of20

the Internal Revenue Code of 1986,

21‘‘(ii) who has been in existence since22

at least 1938,

23‘‘(iii) who conducts medical research24

directly or indirectly through grant mak-25

ing, and

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1‘‘(iv) whose primary exempt purpose2

is to provide services with respect to moth-3

ers and children.’’.

4(b) INTERNAL REVENUE CODE OF 1986.—Section

5 414(y)(1) of the Internal Revenue Code of 1986 is amend6 ed—
7(1) by striking ‘‘or’’ at the end of subparagraph

8

(B);

9

(2) by striking the period at the end of sub-10

paragraph (C)(iv) and inserting ‘‘; or’’; and11(3) by inserting after subparagraph (C) the fol-12

lowing new subparagraph:13‘‘(D) that, as of January 1, 2000, was14

maintained by an employer—

15‘‘(i) described in section 501(c)(3),

16‘‘(ii) who has been in existence since17

at least 1938,

18‘‘(iii) who conducts medical research19

directly or indirectly through grant mak-20

ing, and21‘‘(iv) whose primary exempt purpose

22

is to provide services with respect to moth-23

ers and children.’’.

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9271(c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to plan years beginning after De3 cember 31, 2018.
4

SEC. 406. EXTENDED AMORTIZATION FOR SINGLE EM-

5

PLOYER PLANS.

6(a) 15-YEAR AMORTIZATION UNDER THE INTERNAL

7 REVENUE CODE OF 1986.—Section 430(c) of the Internal
8 Revenue Code of 1986 is amended by adding at the end
9 the following new paragraph:10‘‘(8) 15-YEAR AMORTIZATION.—With respect to11plan years beginning after December 31, 2019—12‘‘(A) the shortfall amortization bases for13

all plan years preceding the first plan year be-

14

ginning after December 31, 2019 (and all

15

shortfall amortization installments determined

16

with respect to such bases) shall be reduced to17zero, and

18‘‘(B) subparagraphs (A) and (B) of para-

19

graph (2) shall each be applied by substituting

20‘15-plan-year period’ for ‘7-plan-year period’.’’.

21(b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE

22 RETIREMENT INCOME SECURITY ACT OF 1974.—Section
23 303(c) of the Employee Retirement Income Security Act
24 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the
25 end the following new paragraph:

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9281‘‘(8) 15-YEAR AMORTIZATION.—With respect to2plan years beginning after December 31, 2019—3‘‘(A) the shortfall amortization bases for4

all plan years preceding the first plan year be-

5ginning after December 31, 2019 (and all

6

shortfall amortization installments determined

7

with respect to such bases) shall be reduced to8zero, and

9‘‘(B) subparagraphs (A) and (B) of para-

10

graph (2) shall each be applied by substituting

11‘15-plan-year period’ for ‘7-plan-year period’.’’.

12(c) EFFECTIVE DATE.—The amendments made by

13 this section shall apply to plan years beginning after De14 cember 31, 2019.
15

SEC. 407. EXTENSION OF PENSION FUNDING STABILIZA-

16

TION PERCENTAGES FOR SINGLE EMPLOYER

17

PLANS.

18(a) AMENDMENTS TO INTERNAL REVENUE CODE OF

19 1986.—20(1) IN GENERAL.—The table contained in sub-21

clause (II) of section 430(h)(2)(C)(iv) of the Inter-

22

nal Revenue Code of 1986 is amended to read as fol-

23

lows:

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929
The applicable minimum percentage is:‘‘If the calendar year is:

Any year in the period starting in 2012 and ending in 2019 .........................................................
Any year in the period starting in 2020 and ending in 2025 .........................................................
2026 ........................................................................
2027 ........................................................................
2028 ........................................................................
2029 ........................................................................
After 2029 ..............................................................

The applicable maximum percentage is:

90%

110%

95%
90%
85%
80%
75%
70%

105%
110%
115%
120%
125%
130%.’’.

1(2) FLOOR ON 25-YEAR AVERAGES.—Subclause2(I) of section 430(h)(2)(C)(iv) of such Code is3

amended by adding at the end the following: ‘‘Not-

4

withstanding anything in this subclause, if the aver-5

age of the first, second, or third segment rate for6

any 25-year period is less than 5 percent, such aver-7

age shall be deemed to be 5 percent.’’.

8(b) AMENDMENTS TO EMPLOYEE RETIREMENT IN-

9COME SECURITY ACT OF 1974.—

10(1) IN GENERAL.—The table contained in sub-11

clause (II) of section 303(h)(2)(C)(iv) of the Em-

12ployee Retirement Income Security Act of 1974 (2913

U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as

14

follows:
The applicable minimum percentage is:‘‘If the calendar year is:

Any year in the period starting in 2012 and ending in 2019 .........................................................
Any year in the period starting in 2020 and ending in 2025 .........................................................

The applicable maximum percentage is:

90%

110%

95%

105%

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930‘‘If the calendar year is:

The applicable minimum percentage is:

The applicable maximum percentage is:

90%
85%
80%
75%
70%

110%
115%
120%
125%
130%.’’.

2026 ........................................................................
2027 ........................................................................
2028 ........................................................................
2029 ........................................................................
After 2029 ..............................................................

1(2) CONFORMING AMENDMENTS.—

2(A) IN GENERAL.—Section 101(f)(2)(D) of

3such Act (29 U.S.C. 1021(f)(2)(D)) is amend-

4

ed—

5

(i) in clause (i) by striking ‘‘and the6

Bipartisan Budget Act of 2015’’ both

7

places it appears and inserting ‘‘, the Bi-

8partisan Budget Act of 2015, and the9Emergency Pension Plan Relief Act of

102020’’, and11(ii) in clause (ii) by striking ‘‘2023’’

12

and inserting ‘‘2029’’.

13

(B)

STATEMENTS.—The

Secretaryof

14

Labor shall modify the statements required

15

under subclauses (I) and (II) of section

16

101(f)(2)(D)(i) of such Act to conform to the17amendments made by this section.

18(3) FLOOR ON 25-YEAR AVERAGES.—Subclause

19(I) of section 303(h)(2)(C)(iv) of such Act (2920

U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding

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931
1

at the end the following: ‘‘Notwithstanding anything

2in this subclause, if the average of the first, second,3or third segment rate for any 25-year period is less4

than 5 percent, such average shall be deemed to be5

5 percent.’’.

6(c) EFFECTIVE DATE.—The amendments made by

7 this section shall apply with respect to plan years begin8 ning after December 31, 2019.

10

TITLE V—REHABILITATION FOR
MULTIEMPLOYER PENSIONS

11

SEC. 501. SHORT TITLE.

912This title may be cited as the ‘‘Rehabilitation for

13 Multiemployer Pensions Act of 2020’’.
14

SEC. 502. PENSION REHABILITATION ADMINISTRATION; ES-

15

TABLISHMENT; POWERS.

16(a) ESTABLISHMENT.—There is established in the

17 Department of the Treasury an agency to be known as
18 the ‘‘Pension Rehabilitation Administration’’.
19(b) DIRECTOR.—

20

(1)

ESTABLISHMENTOFPOSITION.—There

21

shall be at the head of the Pension Rehabilitation

22

Administration a Director, who shall be appointed

23by the President.

24(2) TERM.—

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932
1(A) IN GENERAL.—The term of office of2

the Director shall be 5 years.

3(B) SERVICEUNTILAPPOINTMENT

OF

4

SUCCESSOR.—An individual serving as Director

5

at the expiration of a term may continue to6serve until a successor is appointed.

7(3) POWERS.—

8(A) APPOINTMENTOF

DEPUTY

DIREC-

9

TORS, OFFICERS, AND EMPLOYEES.—The10

rector may appoint Deputy Directors, officers,

11and employees, including attorneys, in accord-

12

ance with chapter 51 and subchapter III of

13

chapter 53 of title 5, United States Code.

14

Di-

(B) CONTRACTING.—

15(i) IN GENERAL.—The Director may

16

contract for financial and administrative

17

services (including those related to budget

18

and accounting, financial reporting, per-19

sonnel, and procurement) with the General

20

Services Administration, or such other21

Federal agency as the Director determines

22

appropriate, for which payment shall be

23

made in advance, or by reimbursement,

24

from funds of the Pension Rehabilitation

25

Administration in such amounts as may be

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML933
1agreed upon by the Director and the head2of the Federal agency providing the serv-

3

ices.

4

(ii) SUBJECT TO APPROPRIATIONS.—

5

Contract authority under clause (i) shall be

6effective for any fiscal year only to the ex-

7tent that appropriations are available for8that purpose.

9

SEC. 503. PENSION REHABILITATION TRUST FUND.

10(a) IN GENERAL.—Subchapter A of chapter 98 of the

11 Internal Revenue Code of 1986 is amended by adding at
12 the end the following new section:
13‘‘SEC. 9512. PENSION REHABILITATION TRUST FUND.

14‘‘(a) CREATION OF TRUST FUND.—There is estab-

15 lished in the Treasury of the United States a trust fund
16 to be known as the ‘Pension Rehabilitation Trust Fund’
17 (hereafter in this section referred to as the ‘Fund’), con18 sisting of such amounts as may be appropriated or cred19 ited to the Fund as provided in this section and section
20 9602(b).
21‘‘(b) TRANSFERS TO FUND.—

22‘‘(1) AMOUNTS ATTRIBUTABLE TO TREASURY

23

BONDS.—There

24

amounts transferred under section 506 of the Reha-

25

bilitation for Multiemployer Pensions Act of 2020.

shall be credited to the Fund the

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML9341‘‘(2) LOAN INTEREST AND PRINCIPAL.—

2‘‘(A) IN GENERAL.—The Director of the3

Pension Rehabilitation Administration estab-4lished under section 502 of the Rehabilitation

5for Multiemployer Pensions Act of 2020 shall6

deposit in the Fund any amounts received from7

a plan as payment of interest or principal on a8loan under section 4 of such Act.

9‘‘(B) INTEREST.—For purposes of sub-10

paragraph (A), the term ‘interest’ includes

11

points and other similar amounts.

12‘‘(3) AVAILABILITY OF FUNDS.—Amounts cred-13

ited to or deposited in the Fund shall remain avail-14

able until expended.

15‘‘(c) EXPENDITURES FROM FUND.—Amounts in the

16 Fund are available without further appropriation to the
17 Pension Rehabilitation Administration—
18‘‘(1) for the purpose of making the loans de-19

scribed in section 504 of the Rehabilitation for Mul-

20

tiemployer Pensions Act of 2020,21‘‘(2) for the payment of principal and interest

22

on obligations issued under section 6 of such Act,

23

and

24

‘‘(3) for administrative and operating expenses

25

of such Administration.’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML9351(b) CLERICAL AMENDMENT.—The table of sections

2 for subchapter A of chapter 98 of the Internal Revenue
3 Code of 1986 is amended by adding at the end the fol4 lowing new item:‘‘Sec. 9512. Pension Rehabilitation Trust Fund.’’.

5

SEC. 504. LOAN PROGRAM FOR MULTIEMPLOYER DEFINED6

BENEFIT PLANS.

7(a) LOAN AUTHORITY.—

8(1) IN GENERAL.—The Pension Rehabilitation

9

Administration established under section 2 is au-

10

thorized—

11(A) to make loans to multiemployer plans12(as defined in section 414(f) of the Internal

13

Revenue Code of 1986) which are defined ben-14

efit plans (as defined in section 414(j) of such

15Code) and—

16(i)(I) which are in critical and declin-17

ing status (within the meaning of section

18432(b)(6)19305(b)(6) of the Employee Retirement and20

Income Security Act) as of the date of the21

enactment of this section, or during the 2-

22

year period beginning on such date, or

of

such

Code

and

section23(II) with respect to which a suspen-

24

sion of benefits has been approved under25

section 432(e)(9) of such Code and section

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML936
1305(e)(9) of such Act as of such date or2

during such period;

3(ii) which as of such date of enact-

4ment, or during such period, are in critical5

status (within the meaning of section

6432(b)(2)7305(b)(2) of such Act), have a modified

8

funded percentage of less than 40 percent,9and have a ratio of active to inactive par-10

ticipants which is less than 2 to 5; or

of

such

Code

and

section11(iii) which are insolvent for purposes

12of section 418E of such Code as of such

13

date of enactment, or during such period,

14

if they became insolvent after December

15

16, 2014, and have not been terminated;

16

and

17

(B) subject to subsection (b), to establish

18

appropriate terms for such loans.

19

For purposes of subparagraph (A)(ii), the term

20‘‘modified funded percentage’’ means the percentage

21

equal to a fraction the numerator of which is current

22

value of plan assets (as defined in section 3(26) of

23

such Act) and the denominator of which is current

24

liabilities (as defined in section 431(c)(6)(D) of such25

Code and section 304(c)(6)(D) of such Act).

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1(2) CONSULTATION.—The Director of the Pen-2sion Rehabilitation Administration shall consult with3

the Secretary of the Treasury, the Secretary of

4

Labor, and the Director of the Pension Benefit

5

Guaranty Corporation before making any loan under6

paragraph (1), and shall share with such persons the7

application and plan information with respect to8each such loan.

9(3) ESTABLISHMENT OF LOAN PROGRAM.—

10(A) IN GENERAL.—A program to make the11loans authorized under this section shall be es-

12tablished not later than May 31, 2020, with

13

guidance regarding such program to be promul-

14

gated by the Director of the Pension Rehabilita-

15

tion Administration, in consultation with the16

Director of the Pension Benefit Guaranty Cor-17

poration, the Secretary of the Treasury, and18

the Secretary of Labor, not later than August

19

31, 2020.

20(B) LOANS

21

GRAM DATE.—Without

22

program under subparagraph (A) has been es-

23tablished, a plan may apply for a loan under24

this section before either date described in such25

subparagraph, and the Pension Rehabilitation

AUTHORIZEDBEFOREPRO-

regard to whether the

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938
1Administration shall approve the application2and make the loan before establishment of the

3

program if necessary to avoid any suspension of4

the accrued benefits of participants.

5(b) LOAN TERMS.—

6(1) IN GENERAL.—The terms of any loan made7

under subsection (a) shall state that—

8(A) the plan shall make payments of inter-9

est on the loan for a period of 29 years begin-

10

ning on the date of the loan (or 19 years in the11case of a plan making the election under sub-12

section (c)(5));13(B) final payment of interest and principal

14

shall be due in the 30th year after the date of15

the loan (except as provided in an election

16

under subsection (c)(5)); and17(C) as a condition of the loan, the plan18

sponsor stipulates that—19(i) except as provided in clause (ii),20

the plan will not increase benefits, allow

21

any employer participating in the plan to22

reduce its contributions, or accept any col-23

lective bargaining agreement which pro-24

vides for reduced contribution rates, dur-

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939
1

ing the 30-year period described in sub-2

paragraphs (A) and (B);3(ii) in the case of a plan with respect

4

to which a suspension of benefits has been

5

approved under section 432(e)(9) of the

6

Internal Revenue Code of 1986 and section

7

305(e)(9) of the Employee Retirement In-

8come Security Act of 1974, or under sec-

9tion 418E of such Code, before the loan,

10

the plan will reinstate the suspended bene-

11

fits (or will not carry out any suspension

12

which has been approved but not yet im-

13

plemented);

14(iii) the plan sponsor will comply with15

the requirements of section 6059A of the

16

Internal Revenue Code of 1986;

17(iv) the plan will continue to pay all

18

premiums due under section 4007 of the19

Employee Retirement Income Security Act20

of 1974; and21(v) the plan and plan administrator

22

will meet such other requirements as the23

Director of the Pension Rehabilitation Ad-

24

ministration provides in the loan terms.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML940
1

The terms of the loan shall not make reference2

to whether the plan is receiving financial assist-3

ance under section 4261(d) of the Employee

4

Retirement Income Security Act of 1974 (295U.S.C. 1431(d)) or to any adjustment of the

6loan amount under subsection (d)(2)(A)(ii).

7(2) INTEREST RATE.—Except as provided in8

the second sentence of this paragraph and sub-9

section (c)(5), loans made under subsection (a) shall10

have as low an interest rate as is feasible. Such rate

11

shall be determined by the Pension Rehabilitation

12

Administration and shall—

13(A) not be lower than the rate of interest

14

on 30-year Treasury securities on the first day

15of the calendar year in which the loan is issued;

16

and

17

(B) not exceed the greater of—

18(i) a rate 0.2 percentage points higher

19

than such rate of interest on such date; or20(ii) the rate necessary to collect reve-

21

nues sufficient to administer the program

22

under this section.

23(c) LOAN APPLICATION.—

24(1) IN GENERAL.—In applying for a loan under25

subsection (a), the plan sponsor shall—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML941
1(A) demonstrate that, except as provided

2

in subparagraph (C)—3(i) the loan will enable the plan to4

avoid insolvency for at least the 30-year

5

period described in subparagraphs (A) and6(B) of subsection (b)(1) or, in the case of7

a plan which is already insolvent, to8emerge from insolvency within and avoid

9

insolvency for the remainder of such pe-

10riod; and11(ii) the plan is reasonably expected to12

be able to pay benefits and the interest on

13

the loan during such period and to accu-

14

mulate sufficient funds to repay the prin-15

cipal when due;16(B) provide the plan’s most recently filed

17

Form 5500 as of the date of application and18

any other information necessary to determine

19

the loan amount under subsection (d);20(C) stipulate whether the plan is also ap-

21

plying for financial assistance under section

224261(d) of the Employee Retirement Income

23

Security Act of 1974 (29 U.S.C. 1431(d)) in24

combination with the loan to enable the plan to25

avoid insolvency and to pay benefits, or is al-

L:\VA\032220\A032220.026.xml
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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

942
1

ready receiving such financial assistance as a2

result of a previous application;

3(D) state in what manner the loan pro-4

ceeds will be invested pursuant to subsection

5(d), the person from whom any annuity con-6

tracts under such subsection will be purchased,

7

and the person who will be the investment man-

8

ager for any portfolio implemented under such9

subsection; and10(E) include such other information and11certifications as the Director of the Pension Re-

12habilitation Administration shall require.

13(2) STANDARD FOR ACCEPTING ACTUARIAL AND

14

PLAN SPONSOR DETERMINATIONS AND DEMONSTRA-

15

TIONS IN THE APPLICATION.—In evaluating the plan16

sponsor’s application, the Director of the Pension

17

Rehabilitation Administration shall accept the deter-

18

minations and demonstrations in the application un-

19less the Director, in consultation with the Director

20of the Pension Benefit Guaranty Corporation, the21

Secretary of the Treasury, and the Secretary of

22

Labor, concludes that any such determinations or23

demonstrations in the application (or any underlying

24

assumptions) are clearly erroneous or are incon-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML943
1

sistent with any rules issued by the Director pursu-

2

ant to subsection (g).

3(3) REQUIRED ACTIONS; DEEMED APPROVAL.—

4

The Director of the Pension Rehabilitation Adminis-

5

tration shall approve any application under this sub-6

section within 90 days after the submission of such

7

application unless such application is incomplete or8

the Director makes a conclusion described in para-

9graph (2) with respect to the application. An appli-

10

cation shall be deemed approved unless, within such11

90 days, the Director notifies the plan sponsor of12

the denial of such application and the reasons for

13

such denial. Any approval or denial of an application14

by the Director of the Pension Rehabilitation Ad-

15ministration shall be treated as a final agency action

16

for purposes of section 704 of title 5, United States

17

Code. The Pension Rehabilitation Administration

18

shall make the loan pursuant to any application

19

promptly after the approval of such application.

20(4) CERTAIN PLANS REQUIRED TO APPLY.—

21

The plan sponsor of any plan with respect to which22

a suspension of benefits has been approved under23

section 432(e)(9) of the Internal Revenue Code of241986 and section 305(e)(9) of the Employee Retire-25

ment Income Security Act of 1974 or under section

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML944
1418E of such Code, before the date of the enactment

2of this Act shall apply for a loan under this section.

3

The Director of the Pension Rehabilitation Adminis-

4

tration shall provide for such plan sponsors to use

5

the

6

(d)(2)(B).

simplified

application

undersubsection

7(5) INCENTIVE FOR EARLY REPAYMENT.—The8

plan sponsor may elect at the time of the application9

to repay the loan principal, along with the remaining

10

interest, at least as rapidly as equal installments

11over the 10-year period beginning with the 21st year

12

after the date of the loan. In the case of a plan mak-13

ing this election, the interest on the loan shall be re-14

duced by 0.5 percentage points.

15(d) LOAN AMOUNT AND USE.—

16(1) AMOUNT OF LOAN.—

17(A) IN GENERAL.—Except as provided in

18

subparagraph (B) and paragraph (2), the19amount of any loan under subsection (a) shall20

be, as demonstrated by the plan sponsor on the21

application under subsection (c), the amount22

needed to purchase annuity contracts or to im-

23

plement a portfolio described in paragraph24(3)(C) (or a combination of the two) sufficient25

to provide benefits of participants and bene-

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945
1

ficiaries of the plan in pay status, and termi-

2nated vested benefits, at the time the loan is

3

made.

4

(B)

PLANS

WITH

SUSPENDED

BENE-

5

FITS.—In

6

which a suspension of benefits has been ap-

7

proved under section 432(e)(9) of the Internal

8

Revenue Code of 1986 and section 305(e)(9) of

9the Employee Retirement Income Security Act10

of 1974 (29 U.S.C. 1085(e)(9)) or under sec-

11

tion 418E of such Code—the case of a plan with respect to12(i) the suspension of benefits shall not

13

be taken into account in applying subpara-

14

graph (A); and15(ii) the loan amount shall be the16amount sufficient to provide benefits of17

participants and beneficiaries of the plan18

in pay status and terminated vested bene-

19

fits at the time the loan is made, deter-

20

mined without regard to the suspension,

21

including retroactive payment of benefits

22

which would otherwise have been payable

23

during the period of the suspension.

24(2) COORDINATION WITH PBGC FINANCIAL AS-

25

SISTANCE.—

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946
1(A) IN GENERAL.—In the case of a plan2

which is also applying for financial assistance3

under section 4261(d) of the Employee Retire-4

ment Income Security Act of 1974 (29 U.S.C.

51431(d))—6(i) the plan sponsor shall submit the7loan application and the application for fi-

8nancial assistance jointly to the Pension

9

Rehabilitation Administration and the Pen-10sion Benefit Guaranty Corporation with11

the information necessary to determine the12

eligibility for and amount of the loan under

13

this section and the financial assistance

14

under section 4261(d) of such Act; and15(ii) if such financial assistance is16

granted, the amount of the loan under sub-17

section (a) shall not exceed an amount18

equal to the excess of—19(I) the amount determined under

20

paragraph (1)(A) or (1)(B)(ii) (which-21

ever is applicable); over

22(II) the amount of such financial

23

assistance.

24(B) PLANS ALREADY RECEIVING PBGC AS-

25

SISTANCE.—The Director of the Pension Reha-

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947
1bilitation Administration shall provide for a2

simplified application for the loan under this3

section which may be used by an insolvent plan4

which has not been terminated and which is al-5

ready receiving financial assistance (other than6

under section 4261(d) of such Act) from the7

Pension Benefit Guaranty Corporation at the8time of the application for the loan under this9

section.

10(3) USE OF LOAN FUNDS.—

11(A) IN

GENERAL.—Notwithstanding

sec-

12

tion 432(f)(2)(A)(ii) of the Internal Revenue

13

Code of 1986 and section 305(f)(2)(A)(ii) of

14such Act, the loan received under subsection (a)15shall only be used to purchase annuity contracts

16

which meet the requirements of subparagraph17(B) or to implement a portfolio described in

18

subparagraph (C) (or a combination of the two)19

to provide the benefits described in paragraph

20

(1).

21

(B)

22

MENTS.—The23

under subparagraph (A) shall be issued by an

24

insurance company which is licensed to do busi-

25

ness under the laws of any State and which is

ANNUITY
annuity

CONTRACTREQUIRE-

contracts

purchased

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948
1

rated A or better by a nationally recognized sta-2

tistical rating organization, and the purchase of3such contracts shall meet all applicable fidu-

4

ciary standards under the Employee Retirement

5

Income Security Act of 1974.

6(C) PORTFOLIO.—

7(i) IN

8GENERAL.—A

portfolio de-scribed in this subparagraph is—

9(I) a cash matching portfolio or

10

duration matching portfolio consisting11of investment grade (as rated by a na-

12tionally recognized statistical rating

13

organization)

14

ments, including United States dollar-

15

denominated public or private debt

16

obligations issued or guaranteed by

17

the United States or a foreign issuer,

18

which are tradeable in United States

19

currency and are issued at fixed or

20

zero coupon rates; or

fixed

incomeinvest-21(II) any other portfolio pre-22

scribed by the Secretary of the Treas-23

ury in regulations which has a similar

24

risk profile to the portfolios described25

in subclause (I) and is equally protec-

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949
1

tive of the interests of participants2and beneficiaries.

3

Once implemented, such a portfolio shall4

be maintained until all liabilities to partici-

5pants and beneficiaries in pay status, and6

terminated vested participants, at the time7of the loan are satisfied.

8(ii) FIDUCIARY

DUTY.—Anyinvest-9ment manager of a portfolio under this10

subparagraph shall acknowledge in writing

11

that such person is a fiduciary under the12

Employee Retirement Income Security Act13

of 1974 with respect to the plan.

14(iii) TREATMENTOFPARTICIPANTS

15

AND

16

beneficiaries covered by a portfolio under17

this subparagraph shall continue to be18

treated as participants and beneficiaries of19

the plan, including for purposes of title IV

20of the Employee Retirement Income Secu-

21

rity Act of 1974.

22(D) ACCOUNTING.—

23

BENEFICIARIES.—Participants

and(i) IN GENERAL.—Annuity contracts

24

purchased25

under this paragraph shall be used solely

and

portfolios

implemented

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950
1

to provide the benefits described in para-

2graph (1) until all such benefits have been

3

paid and shall be accounted for separately

4from the other assets of the plan.

5(ii) OVERSIGHT OF NON-ANNUITY IN-

6

VESTMENTS.—

7(I) IN GENERAL.—Any portfolio

8

implemented under this paragraph9

shall be subject to oversight by the10

Pension11

tion, including a mandatory triennial

12

review of the adequacy of the portfolio

13

to provide the benefits described in

14paragraph (1) and approval (to be

15

provided within a reasonable period of

16time) of any decision by the plan17

sponsor to change the investment

18

manager of the portfolio.

Rehabilitation

Administra-

19(II) REMEDIAL ACTION.—If the20

oversight under subclause (I) deter-

21

mines an inadequacy, the plan spon-22

sor shall take remedial action to en-23

sure that the inadequacy will be cured

24

within 2 years of such determination.

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951
1

(E)

OMBUDSPERSON.—The

Participant

2

and Plan Sponsor Advocate established under3

section 4004 of the Employee Retirement In-

4come Security Act of 1974 shall act as

5

ombudsperson for participants and beneficiaries

6

on behalf of whom annuity contracts are pur-7

chased or who are covered by a portfolio under

8

this paragraph.

9(e) COLLECTION OF REPAYMENT.—Except as pro-

10 vided in subsection (f), the Pension Rehabilitation Admin11 istration shall make every effort to collect repayment of
12 loans under this section in accordance with section 3711
13 of title 31, United States Code.
14(f) LOAN DEFAULT.—If a plan is unable to make any

15 payment on a loan under this section when due, the Pen16 sion Rehabilitation Administration shall negotiate with the
17 plan sponsor revised terms for repayment (including in18 stallment payments over a reasonable period or forgive19 ness of a portion of the loan principal), but only to the
20 extent necessary to avoid insolvency in the subsequent 18
21 months.
22(g) AUTHORITY TO ISSUE RULES, ETC.—The Direc-

23 tor of the Pension Rehabilitation Administration, in con24 sultation with the Director of the Pension Benefit Guar25 anty Corporation, the Secretary of the Treasury, and the

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952
1 Secretary of Labor, is authorized to issue rules regarding
2 the form, content, and process of applications for loans
3 under this section, actuarial standards and assumptions
4 to be used in making estimates and projections for pur5 poses of such applications, and assumptions regarding in6 terest rates, mortality, and distributions with respect to
7 a portfolio described in subsection (d)(3)(C).
8(h) REPORT TO CONGRESS ON STATUS OF CERTAIN

9 PLANS WITH LOANS.—Not later than 1 year after the
10 first loan is made under this section, and annually there11 after, the Director of the Pension Rehabilitation Adminis12 tration shall submit to the Committee on Ways and Means
13 and the Committee on Education and Labor of the House
14 of Representatives, and the Committee on Finance and the
15 Committee on Health, Education, Labor and Pensions of
16 the Senate, a report identifying any plan that—17(1) has failed to make any scheduled payment

18

on a loan under this section;19(2) has negotiated revised terms for repayment

20

of such loan (including any installment payments or21

forgiveness of a portion of the loan principal); or

22(3) the Director has determined is no longer

23

reasonably expected to be able to—24(A) pay benefits and the interest on the25loan; or

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953
1(B) accumulate sufficient funds to repay

2

the principal when due.

3 Such report shall include the details of any such failure,
4 revised terms, or determination, as the case may be.
5(i) COORDINATION WITH TAXATION OF UNRELATED

6 BUSINESSINCOME.—Subparagraph

(A)

of

section

7 514(c)(6) of the Internal Revenue Code of 1986 is amend8 ed—
9(1) by striking ‘‘or’’ at the end of clause (i);10(2) by striking the period at the end of clause11(ii)(II) and inserting ‘‘, or’’; and12(3) by adding at the end the following new13clause:14‘‘(iii) indebtedness with respect to a15

multiemployer plan under a loan made by

16

the Pension Rehabilitation Administration

17

pursuant to section 504 of the Rehabilita-

18

tion for Multiemployer Pensions Act of

192020.’’.

20

SEC. 505. COORDINATION WITH WITHDRAWAL LIABILITY

21

AND FUNDING RULES.

22(a) AMENDMENT TO INTERNAL REVENUE CODE OF

23 1986.—Section 432 of the Internal Revenue Code of 1986
24 is amended by adding at the end the following new sub25 section:

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954
1
2

‘‘(k) SPECIAL RULES FOR PLANS RECEIVING PENSION REHABILITATION LOANS.—

3‘‘(1) DETERMINATION OF WITHDRAWAL LIABIL-

4

ITY.—

5

‘‘(A) IN GENERAL.—If any employer par-6

ticipating in a plan at the time the plan receives

7

a loan under section 504(a) of the Rehabilita-

8tion for Multiemployer Pensions Act of 20209

withdraws from the plan before the end of the10

30-year period beginning on the date of the

11loan, the withdrawal liability of such employer

12

shall be determined under the Employee Retire-13

ment Income Security Act of 1974—

14‘‘(i) by applying section 4219(c)(1)(D)15of the Employee Retirement Income Secu-

16

rity Act of 1974 as if the plan were termi-

17nating by the withdrawal of every employer

18

from the plan, and19‘‘(ii) by determining the value of non-20

forfeitable benefits under the plan at the21time of the deemed termination by using22

the interest assumptions prescribed for23

purposes of section 4044 of the Employee

24

Retirement Income Security Act of 1974,25

as prescribed in the regulations under sec-

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955
1tion 4281 of the Employee Retirement In-

2

come Security Act of 1974 in the case of3such a mass withdrawal.

4‘‘(B) ANNUITY CONTRACTS AND INVEST-

5

MENT

6

FUNDS.—Annuity

7

portfolios implemented under section 504(d)(3)8of the Rehabilitation for Multiemployer Pen-

9

sions Act of 2020 shall not be taken into ac-

10

count as plan assets in determining the with-11

drawal liability of any employer under subpara-

12

graph (A), but the amount equal to the greater

13

of—

PORTFOLIOSPURCHASED

contracts

WITH

LOAN

purchased

and14‘‘(i) the benefits provided under such15

contracts or portfolios to participants and16

beneficiaries, or17‘‘(ii) the remaining payments due on

18

the loan under section 4(a) of such Act,

19

shall be taken into account as unfunded vested

20

benefits in determining such withdrawal liabil-

21

ity.

22

‘‘(2) COORDINATION WITH FUNDING REQUIRE-

23

MENTS.—In the case of a plan which receives a loan

24

under section 504(a)of the Rehabilitation for Multi-

25

employer Pensions Act of 2020—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

956
1‘‘(A) annuity contracts purchased and2

portfolios implemented under section 4(d)(3) of

3such Act, and the benefits provided to partici-

4pants and beneficiaries under such contracts or5

portfolios, shall not be taken into account in de-

6termining

7

under section 412,

minimum

required

contributions

8‘‘(B) payments on the interest and prin-9

cipal under the loan, and any benefits owed in

10

excess of those provided under such contracts

11

or portfolios, shall be taken into account as li-

12abilities for purposes of such section, and13‘‘(C) if such a portfolio is projected due to14

unfavorable investment or actuarial experience15

to be unable to fully satisfy the liabilities which16

it covers, the amount of the liabilities projected17

to be unsatisfied shall be taken into account as18

liabilities for purposes of such section.’’.

19(b) AMENDMENT TO EMPLOYEE RETIREMENT IN-

20

COME SECURITY ACT OF 1974.—Section 305 of the Em-

21 ployee Retirement Income Security Act of 1974 (2922 U.S.C. 1085) is amended by adding at the end the fol23 lowing new subsection:
2425‘‘(k) SPECIAL RULES FOR PLANS RECEIVING PENSION REHABILITATION LOANS.—

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957
1‘‘(1) DETERMINATION OF WITHDRAWAL LIABIL-

2

ITY.—

3

‘‘(A) IN GENERAL.—If any employer par-4

ticipating in a plan at the time the plan receives

5

a loan under section 504(a) of the Rehabilita-

6tion for Multiemployer Pensions Act of 20207

withdraws from the plan before the end of the

830-year period beginning on the date of the9loan, the withdrawal liability of such employer

10

shall be determined—

11‘‘(i) by applying section 4219(c)(1)(D)12

as if the plan were terminating by the13

withdrawal of every employer from the14plan, and15‘‘(ii) by determining the value of non-16

forfeitable benefits under the plan at the17time of the deemed termination by using18

the interest assumptions prescribed for

19

purposes of section 4044, as prescribed in20

the regulations under section 4281 in the21case of such a mass withdrawal.

22‘‘(B) ANNUITY CONTRACTS AND INVEST-

23

MENT

24

FUNDS.—Annuity

25

portfolios implemented under section 504(d)(3)PORTFOLIOSPURCHASED

contracts

WITH

LOAN

purchased

and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

958
1of the Rehabilitation for Multiemployer Pen-2

sions Act of 2020 shall not be taken into ac-

3

count in determining the withdrawal liability of4

any employer under subparagraph (A), but the5amount equal to the greater of—

6‘‘(i) the benefits provided under such7

contracts or portfolios to participants and8

beneficiaries, or

9‘‘(ii) the remaining payments due on

10

the loan under section 4(a) of such Act,

11

shall be taken into account as unfunded vested

12

benefits in determining such withdrawal liabil-

13

ity.

14

‘‘(2) COORDINATION WITH FUNDING REQUIRE-

15MENTS.—In the case of a plan which receives a loan

16

under section 504(a) of the Rehabilitation for Multi-

17

employer Pensions Act of 2020—

18‘‘(A) annuity contracts purchased and19

portfolios implemented under section 4(d)(3) of

20such Act, and the benefits provided to partici-

21

pants and beneficiaries under such contracts or22

portfolios, shall not be taken into account in de-23

termining

24

under section 302,

minimum

required

contributions

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

959
1‘‘(B) payments on the interest and prin-2

cipal under the loan, and any benefits owed in

3

excess of those provided under such contracts

4

or portfolios, shall be taken into account as li-

5abilities for purposes of such section, and6‘‘(C) if such a portfolio is projected due to7

unfavorable investment or actuarial experience8

to be unable to fully satisfy the liabilities which9

it covers, the amount of the liabilities projected10

to be unsatisfied shall be taken into account as11

liabilities for purposes of such section.’’.

12

SEC. 506. ISSUANCE OF TREASURY BONDS.

13

The Secretary of the Treasury shall from time to time

14 transfer from the general fund of the Treasury to the Pen15 sion Rehabilitation Trust Fund established under section
16 9512 of the Internal Revenue Code of 1986 such amounts
17 as are necessary to fund the loan program under section
18 504 of this Act, including from proceeds from the Sec19 retary’s issuance of obligations under chapter 31 of title
20 31, United States Code.
21

SEC. 507. REPORTS OF PLANS RECEIVING PENSION REHA-

22

BILITATION LOANS.

23(a) IN GENERAL.—Subpart E of part III of sub-

24 chapter A of chapter 61 of the Internal Revenue Code of

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML960
1 1986 is amended by adding at the end the following new
2 section:
3‘‘SEC. 6059A. REPORTS OF PLANS RECEIVING PENSION RE-

4

HABILITATION LOANS.

5‘‘(a) IN GENERAL.—In the case of a plan receiving

6 a loan under section 504(a) of the Rehabilitation for Mul7 tiemployer Pensions Act of 2020, with respect to the first
8 plan year beginning after the date of the loan and each
9 of the 29 succeeding plan years, not later than the 90th
10 day of each such plan year the plan sponsor shall file with
11 the Secretary a report (including appropriate documenta12 tion and actuarial certifications from the plan actuary, as
13 required by the Secretary) that contains—
14‘‘(1) the funded percentage (as defined in sec-

15

tion 432(j)(2)) as of the first day of such plan year,

16

and the underlying actuarial value of assets (deter-

17

mined with regard, and without regard, to annuity

18

contracts purchased and portfolios implemented with19

proceeds of such loan) and liabilities (including any

20

amounts due with respect to such loan) taken into

21

account in determining such percentage,

22‘‘(2) the market value of the assets of the plan

23

(determined as provided in paragraph (1)) as of the24last day of the plan year preceding such plan year,

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

961
1‘‘(3) the total value of all contributions made by2

employers and employees during the plan year pre-3

ceding such plan year,4‘‘(4) the total value of all benefits paid during

5

the plan year preceding such plan year,

6‘‘(5) cash flow projections for such plan year

7

and the 9 succeeding plan years, and the assump-

8

tions used in making such projections,

9‘‘(6) funding standard account projections for10such plan year and the 9 succeeding plan years, and11

the assumptions relied upon in making such projec-

12

tions,

13‘‘(7) the total value of all investment gains or

14losses during the plan year preceding such plan year,

15‘‘(8) any significant reduction in the number of

16

active participants during the plan year preceding

17

such plan year, and the reason for such reduction,

18‘‘(9) a list of employers that withdrew from the19plan in the plan year preceding such plan year, and20

the resulting reduction in contributions,21‘‘(10) a list of employers that paid withdrawal

22

liability to the plan during the plan year preceding

23

such plan year and, for each employer, a total as-

24

sessment of the withdrawal liability paid, the annual

25

payment amount, and the number of years remain-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

962
1

ing in the payment schedule with respect to such2

withdrawal liability,

3‘‘(11) any material changes to benefits, accrual

4rates, or contribution rates during the plan year pre-5

ceding such plan year, and whether such changes re-6late to the terms of the loan,

7‘‘(12) details regarding any funding improve-8

ment plan or rehabilitation plan and updates to such

9

plan,

10

‘‘(13) the number of participants during the11plan year preceding such plan year who are active

12

participants, the number of participants and bene-

13

ficiaries in pay status, and the number of terminated14

vested participants and beneficiaries,

15‘‘(14) the amount of any financial assistance re-16

ceived under section 4261 of the Employee Retire-17

ment Income Security Act of 1974 to pay benefits

18

during the preceding plan year, and the total

19

amount of such financial assistance received for all

20

preceding years,

21‘‘(15) the information contained on the most re-22cent annual funding notice submitted by the plan23

under section 101(f) of the Employee Retirement In-

24

come Security Act of 1974,

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML963
1‘‘(16) the information contained on the most re-2cent annual return under section 6058 and actuarial

3

report under section 6059 of the plan, and4‘‘(17) copies of the plan document and amend-

5

ments, other retirement benefit or ancillary benefit

6plans relating to the plan and contribution obliga-

7

tions under such plans, a breakdown of administra-

8

tive expenses of the plan, participant census data

9and distribution of benefits, the most recent actu-

10

arial valuation report as of the plan year, copies of11collective bargaining agreements, and financial re-

12

ports, and such other information as the Secretary,

13

in consultation with the Director of the Pension Re-

14

habilitation Administration, may require.

15‘‘(b) ELECTRONIC SUBMISSION.—The report re-

16 quired under subsection (a) shall be submitted electroni17 cally.
18‘‘(c) INFORMATION SHARING.—The Secretary shall

19 share the information in the report under subsection (a)20 with the Secretary of Labor and the Director of the Pen21 sion Benefit Guaranty Corporation.
22‘‘(d) REPORT TO PARTICIPANTS, BENEFICIARIES,

23

AND EMPLOYERS.—Each plan sponsor required to file a

24 report under subsection (a) shall, before the expiration of
25 the time prescribed for the filing of such report, also pro-

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964
1 vide a summary (written in a manner so as to be under2 stood by the average plan participant) of the information
3 in such report to participants and beneficiaries in the plan
4 and to each employer with an obligation to contribute to
5 the plan.’’.
6(b) PENALTY.—Subsection (e) of section 6652 of the

7 Internal Revenue Code of 1986 is amended—
8(1) by inserting ‘‘, 6059A (relating to reports of9plans receiving pension rehabilitation loans)’’ after10‘‘deferred compensation)’’;11(2) by inserting ‘‘($100 in the case of failures

12

under section 6059A)’’ after ‘‘$25’’; and13(3) by adding at the end the following: ‘‘In the14case of a failure with respect to section 6059A, the15amount imposed under this subsection shall not be

16

paid from the assets of the plan.’’.

17(c) CLERICAL AMENDMENT.—The table of sections

18 for subpart E of part III of subchapter A of chapter 61
19 of the Internal Revenue Code of 1986 is amended by add20 ing at the end the following new item:‘‘Sec. 6059A. Reports of plans receiving pension rehabilitation loans.’’.

21

SEC. 508. PBGC FINANCIAL ASSISTANCE.

22(a) IN GENERAL.—Section 4261 of the Employee Re-

23 tirement Income Security Act of 1974 (29 U.S.C. 1431)
24 is amended by adding at the end the following new sub25 section:
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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML9651‘‘(d)(1) The plan sponsor of a multiemployer plan—2‘‘(A) which is in critical and declining status

3(within the meaning of section 305(b)(6)) as of the4date of the enactment of this subsection or during

5

the 2-year period beginning on such date, or with re-6

spect to which a suspension of benefits has been ap-

7

proved under section 305(e)(9) as of such date;

8‘‘(B) which, as of such date of enactment or

9during such period, is in critical status (within the10meaning of section 305(b)(2)), has a modified fund-11

ed percentage of less than 40 percent (as defined in

12section 504(a)(1) of the Rehabilitation for Multiem-

13

ployer Pensions Act of 2020), and has a ratio of ac-

14

tive to inactive participants which is less than 2 to

15

5; or

16

‘‘(C) which is insolvent for purposes of section

17418E of the Internal Revenue Code of 1986 as of18

such date of enactment or during such period, if the19plan became insolvent after December 16, 2014, and20

has not been terminated;

21 and which is applying for a loan under section 504(a) of
22 the Rehabilitation for Multiemployer Pensions Act of 2020
23 may also apply to the corporation for financial assistance
24 under this subsection, by jointly submitting such applica25 tions in accordance with section 4(d)(2) of such Act. The

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

966
1 application for financial assistance under this subsection
2 shall demonstrate, based on projections by the plan actu3 ary, that after the receipt of the anticipated loan amount
4 under section 4(a) of such Act, the plan will still become
5 (or remain) insolvent within the 30-year period beginning
6 on the date of the loan.
7‘‘(2) In reviewing an application under paragraph

8 (1), the corporation shall review the determinations and9 demonstrations submitted with the loan application under
10 section 504(c) of the Rehabilitation for Multiemployer
11 Pensions Act of 2020 and provide guidance regarding such
12 determinations and demonstrations prior to approving any
13 application for financial assistance under this subsection.
14 The corporation may deny any application if any such de15 terminations or demonstrations (or any underlying as16 sumptions) are clearly erroneous, or inconsistent with
17 rules issued by the corporation, and the plan and the cor18 poration are unable to reach agreement on such deter19 minations or demonstrations. The corporation shall pre20 scribe any such rules or guidance not later than August
21 31, 2020.
22‘‘(3) In the case of a plan described in paragraph

23 (1)(A) or (1)(B), the total financial assistance provided
24 under this subsection shall be an amount equal to the
25 smallest portion of the loan amount with respect to the

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967
1 plan under paragraph (1)(A) or (1)(B)(ii) of section
2 504(d) of the Rehabilitation for Multiemployer Pensions
3 Act of 2020 (determined without regard to paragraph (2)4 thereof) that, if provided as financial assistance under this
5 subsection instead of a loan, would allow the plan to avoid
6 the projected insolvency.
7‘‘(4) In the case of a plan described in paragraph

8 (1)(C), the financial assistance provided pursuant to such
9 application under this subsection shall be the present value
10 of the amount (determined by the plan actuary and sub11 mitted on the application) that, if such amount were paid
12 by the corporation in combination with the loan and any
13 other assistance being provided to the plan by the corpora14 tion at the time of the application, would enable the plan
15 to emerge from insolvency and avoid any other insolvency
16 projected under paragraph (1).
17‘‘(5)(A)(i) Except as provided in subparagraph (B),

18 if the corporation determines at the time of approval, or
19 at the beginning of any plan year beginning thereafter,
20 that the plan’s 5-year expenditure projection (determined
21 without regard to loan payments described in clause
22 (iii)(III)) exceeds the fair market value of the plan’s as23 sets, the corporation shall (subject to the total amount of
24 financial assistance approved under this subsection) pro25 vide such assistance in an amount equal to the lesser of—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

9681‘‘(I) the amount by which the plan’s 5-year2

expenditure projection exceeds such fair market

3value; or4‘‘(II) the plan’s expected expenditures for5

the plan year.

6‘‘(ii) For purposes of this subparagraph, the term ‘5-

7 year expenditure projection’ means, with respect to any
8 plan for a plan year, an amount equal to 500 percent of
9 the plan’s expected expenditures for the plan year.
10‘‘(iii) For purposes of this subparagraph, the term

11 ‘expected expenditures’ means, with respect to any plan
12 for a plan year, an amount equal to the sum of—13‘‘(I) expected benefit payments for the plan

14

year;

15

‘‘(II) expected administrative expense payments

16

for the plan year; plus

17‘‘(III) payments on the loan scheduled during

18

the plan year pursuant to the terms of the loan

19

under section 504(b) of the Rehabilitation for Multi-

20

employer Pensions Act of 2020.

21‘‘(iv) For purposes of this subparagraph, in the case

22 of any plan year during which a plan is approved for a
23 loan under section 4 of such Act, but has not yet received
24 the proceeds, such proceeds shall be included in deter25 mining the fair market value of the plan’s assets for the

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

969
1 plan year. The preceding sentence shall not apply in the
2 case of any plan that for the plan year beginning in 2015
3 was certified pursuant to section 305(b)(3) as being in
4 critical and declining status, and had more than 300,000
5 participants.
6‘‘(B) The financial assistance under this subsection

7 shall be provided in a lump sum if the plan sponsor dem8 onstrates in the application, and the corporation deter9 mines, that such a lump sum payment is necessary for
10 the plan to avoid the insolvency to which the application
11 relates. In the case of a plan described in paragraph
12 (1)(C), such lump sum shall be provided not later than
13 December 31, 2020.
14‘‘(6) Subsections (b) and (c) shall apply to financial

15 assistance under this subsection as if it were provided
16 under subsection (a), except that the terms for repayment
17 under subsection (b)(2) shall not require the financial as18 sistance to be repaid before the date on which the loan
19 under section 504(a) of the Rehabilitation for Multiem20 ployer Pensions Act of 2020 is repaid in full.
21‘‘(7) The corporation may forgo repayment of the fi-

22 nancial assistance provided under this subsection if nec23 essary to avoid any suspension of the accrued benefits of
24 participants.’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML9701(b) APPROPRIATIONS.—There is appropriated to the

2 Director of the Pension Benefit Guaranty Corporation
3 such sums as may be necessary for each fiscal year to pro4 vide the financial assistance described in section 4261(d)5 of the Employee Retirement Income Security Act of 1974
6 (29 U.S.C. 1431(d)) (as added by this section) (including
7 necessary administrative and operating expenses relating
8 to such assistance).

DIVISIONU—TELECOMMUNI10
CATIONS PROVISIONS
11
TITLE I—COVID–19 PRICE12GOUGING PREVENTION
913

SEC. 101. SHORT TITLE.

14

This title may be cited as the ‘‘COVID–19 Price

15 Gouging Prevention Act’’.
16

SEC. 102. PREVENTION OF PRICE GOUGING.

17(a) IN GENERAL.—For the duration of a public

18 health emergency declared pursuant to section 319 of the
19 Public Health Service Act (42 U.S.C. 247d) as a result
20 of confirmed cases of 2019 novel coronavirus (COVID–
21 19), including any renewal thereof, it shall be unlawful
22 for any person to sell or offer for sale a good or service
23 at a price that—24(1) is unconscionably excessive; and

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML971
1(2) indicates the seller is using the cir-2

cumstances related to such public health emergency

3

to increase prices unreasonably.

4(b) FACTORS FOR CONSIDERATION.—In determining

5 whether a person has violated subsection (a), there shall
6 be taken into account, with respect to the price at which
7 such person sold or offered for sale the good or service,
8 factors that include the following:
9(1) Whether such price grossly exceeds the av-

10

erage price at which the same or a similar good or11service was sold or offered for sale by such person—

12(A) during the 90-day period immediately

13

preceding January 31, 2020; or

14(B) during the same 90-day period of the15

previous year.

16(2) Whether such price grossly exceeds the av-

17

erage price at which the same or a similar good or

18

service was readily obtainable from other similarly

19

situated competing sellers before January 31, 2020.

20(3) Whether such price reasonably reflects addi-

21

tional costs, not within the control of such person,

22that were paid, incurred, or reasonably anticipated

23

by such person, or reasonably reflects the profit-

24

ability of forgone sales or additional risks taken by

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972
1such person, to produce, distribute, obtain, or sell

2such good or service under the circumstances.

3(c) ENFORCEMENT.—

4(1) ENFORCEMENT BY FEDERAL TRADE COM-

5MISSION.—

6(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-

7TICES.—A8

treated as a violation of a regulation under sec-

9tion 18(a)(1)(B) of the Federal Trade Commis-

10sion Act (15 U.S.C. 57a(a)(1)(B)) regarding

11

unfair or deceptive acts or practices.

violation of subsection (a) shall be

12(B) POWERS OF COMMISSION.—The Com-13

mission shall enforce subsection (a) in the same14

manner, by the same means, and with the same

15

jurisdiction, powers, and duties as though all

16

applicable terms and provisions of the Federal

17

Trade Commission Act (15 U.S.C. 41 et seq.)18

were incorporated into and made a part of this19

section. Any person who violates such sub-20

section shall be subject to the penalties and en-21

titled to the privileges and immunities provided

22

in the Federal Trade Commission Act.

23(2) EFFECT ON OTHER LAWS.—Nothing in this24

section shall be construed in any way to limit the

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1

authority of the Commission under any other provi-2sion of law.

3(3) ENFORCEMENT BY STATE ATTORNEYS GEN-

4

ERAL.—

5(A) IN GENERAL.—If the chief law en-

6

forcement officer of a State, or an official or

7

agency designated by a State, has reason to be-8lieve that any person has violated or is violating

9

subsection (a), the attorney general, official, or

10agency of the State, in addition to any author-

11

ity it may have to bring an action in State

12

court under its consumer protection law, may

13

bring a civil action in any appropriate United

14

States district court or in any other court of15

competent jurisdiction, including a State court,

16

to—

17

(i) enjoin further such violation by

18

such person;

19(ii) enforce compliance with such sub-20

section;21(iii) obtain civil penalties; and22(iv) obtain damages, restitution, or

23other compensation on behalf of residents

24of the State.

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1(B) NOTICE AND INTERVENTION BY THE

2

FTC.—The3

provide prior written notice of any action under4

subparagraph (A) to the Commission and pro-5

vide the Commission with a copy of the com-6

plaint in the action, except in any case in which

7

such prior notice is not feasible, in which case8

the attorney general shall serve such notice im-

9

mediately upon instituting such action. The

10

Commission shall have the right—

attorney general of a State shall

11(i) to intervene in the action;

12(ii) upon so intervening, to be heard

13

on all matters arising therein; and14(iii) to file petitions for appeal.

15(C) LIMITATION ON STATE ACTION WHILE

16

FEDERAL ACTION IS PENDING.—If the Commis-

17

sion has instituted a civil action for violation of

18

this section, no State attorney general, or offi-

19

cial or agency of a State, may bring an action

20

under this paragraph during the pendency of

21

that action against any defendant named in the22complaint of the Commission for any violation

23of this section alleged in the complaint.

24

(D)

25

RELATIONSHIP

WITH

STATE-LAW

CLAIMS.—If the attorney general of a State has

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975
1

authority to bring an action under State law di-2

rected at acts or practices that also violate this3

section, the attorney general may assert the4State-law claim and a claim under this section

5in the same civil action.

6(4) SAVINGS CLAUSE.—Nothing in this section

7

shall preempt or otherwise affect any State or local

8

law.

9

(d) DEFINITIONS.—In this section:

10(1) COMMISSION.—The term ‘‘Commission’’

11means the Federal Trade Commission.

12(2) GOOD OR SERVICE.—The term ‘‘good or

13

service’’ means a good or service offered in com-14

merce, including—

15(A) food, beverages, water, ice, a chemical,

16

or a personal hygiene product;

17(B) any personal protective equipment for

18

protection from or prevention of contagious dis-19

eases, filtering facepiece respirators, medical

20

supplies (including medical testing supplies),21

cleaning supplies, disinfectants, sanitizers; or

22(C) any healthcare service, cleaning serv-

23

ice, or delivery service.

24(3) STATE.—The term ‘‘State’’ means each of25

the several States, the District of Columbia, each

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976
1commonwealth, territory, or possession of the United

2States, and each federally recognized Indian Tribe.

TITLE II—E–RATE SUPPORT FOR
4
WI-FI HOTSPOTS AND CON5
NECTED DEVICES
3

6

SEC. 201. E–RATE SUPPORT FOR WI-FI HOTSPOTS AND CON-

7

NECTED DEVICES DURING EMERGENCY PERI-8ODS RELATING TO COVID–19.

9(a) REGULATIONS REQUIRED.—Not later than 7

10 days after the date of the enactment of this Act, the Com11 mission shall promulgate regulations providing for the
12 provision, during an emergency period described in sub13 section (b) and from amounts made available from the
14 Emergency Connectivity Fund established under sub15 section (i)(1), of universal service support under section
16 254(h)(1)(B) of the Communications Act of 1934 (4717 U.S.C. 254(h)(1)(B)) to an elementary school, secondary
18 school, or library eligible for support under such section,
19 as well as a tribal elementary school, tribal secondary
20 school, or tribal library designated as eligible to receive
21 support under such regulations by an Indian tribe that
22 is eligible for support under section 261 of the Library
23 Services and Technology Act (20 U.S.C. 9161), for—24(1) providing Wi-Fi hotspots to—

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977
1(A) in the case of a school, students and2

staff of such school for use at locations that in-3clude locations other than such school; and4(B) in the case of a library, patrons of

5such library for use at locations that include lo-

6cations other than such library;

7(2) providing connected devices to students and8

staff or patrons (as the case may be) for use as de-9

scribed in subparagraph (A) or (B) of paragraph10(1); and11(3) providing mobile broadband internet access

12

service through such Wi-Fi hotspots or connected13

devices.

14(b) EMERGENCY PERIODS DESCRIBED.—An emer-

15 gency period described in this subsection is the duration
16 of a public health emergency declared pursuant to section
17 319 of the Public Health Service Act (42 U.S.C. 247d)
18 as a result of COVID–19, including any renewal thereof.
19(c) SERVICE REQUIREMENT FOR CONNECTED DE-

20

VICES.—If a school or library provides a connected device

21 to a student, staff member, or patron using universal serv22 ice support under the regulations required by subsection
23 (a) and such connected device is only capable of con24 necting to broadband internet access service through the
25 use of Wi-Fi, such school or library shall also provide to

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978
1 such student, staff member, or patron a Wi-Fi hotspot and2 mobile broadband internet access service through such Wi3 Fi hotspot.
45(d) TREATMENT OF WI-FI HOTSPOTS AND CONNECTED

DEVICES AFTER EMERGENCY PERIOD.—The

6 Commission shall provide in the regulations required by
7 subsection (a) that, in the case of a school or library that
8 purchases Wi-Fi hotspots or connected devices using sup9 port received under such regulations, such school or li10 brary—
11(1) may, after the emergency period with re-

12spect to which such support is received, use such

13

Wi-Fi hotspots or connected devices for such pur-14

poses as such school or library considers appro-

15

priate, subject to any restrictions provided in such16

regulations (or any successor regulation); and17(2) may not sell or otherwise transfer in ex-

18change for any thing of value such Wi-Fi hotspots

19

or connected devices.

20(e) PRIORITIZATION OF SUPPORT.—The Commission

21 shall provide in the regulations required by subsection (a)22 that a school or library shall prioritize the provision of
23 Wi-Fi hotspots or connected devices and associated mobile
24 broadband internet access service for which support is re25 ceived under such regulations to students and staff or pa-

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979
1 trons (as the case may be) that the school or library be2 lieves do not otherwise have access to broadband internet
3 access service at the residences of such students and staff
4 or patrons.
5(f) CERTIFICATION REQUIREMENTS.—The Commis-

6 sion shall provide in the regulations required by subsection
7 (a) that—
8(1) Wi-Fi hotspots and connected devices for9which support is received under such regulations

10

shall be treated as computers for purposes of the

11certification requirements of paragraphs (5) and (6)12of section 254(h) of the Communications Act of131934 (47 U.S.C. 254(h)); and

14(2) notwithstanding the requirements of such

15

paragraphs relating to the timing of certifications,16

the certifications required by such paragraphs shall17

be made with respect to such Wi-Fi hotspots and18

connected devices as a condition of receiving such

19

support.

20(g) RULE OF CONSTRUCTION.—Nothing in this sec-

21 tion shall be construed to affect any authority the Com22 mission may have under section 254(h)(1)(B) of the Com23 munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to
24 allow universal service support under such section to be

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1 used for the purposes described in subsection (a) other2 than as required by such subsection.
3(h) EXEMPTIONS.—

4(1) NOTICE AND COMMENT RULEMAKING RE-

5QUIREMENTS.—Section 553 of title 5, United States

6

Code, shall not apply to a regulation promulgated7

under subsection (a) or a rulemaking to promulgate

8such a regulation.

9(2) PAPERWORKREDUCTIONACTREQUIRE-

10

MENTS.—A

11

sponsored under the regulations required by sub-12

section (a), or under section 254 of the Communica-

13

tions Act of 1934 (47 U.S.C. 254) in connection

14

with universal service support provided under such

15

regulations, shall not constitute a collection of infor-

16

mation for the purposes of subchapter I of chapter

17

35 of title 44, United States Code (commonly re-18

ferred to as the Paperwork Reduction Act).

19(i) EMERGENCY CONNECTIVITY FUND.—

collection of information conducted or

20(1) ESTABLISHMENT.—There is established in21

the Treasury of the United States a fund to be

22

known as the Emergency Connectivity Fund.

23(2) AUTHORIZATIONOFAPPROPRIATIONS.—

24

There is authorized to be appropriated to the Emer-

25

gency Connectivity Fund, out of any money in the

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981
1

Treasury

2$2,000,000,000 for fiscal year 2020, to remain

3

available through fiscal year 2021.

nototherwise

appropriated,

4(3) USE OF FUNDS.—Amounts in the Emer-

5

gency Connectivity Fund shall be available to the6Commission to provide universal service support

7

under the regulations required by subsection (a).

8(4) RELATIONSHIP

9CONTRIBUTIONS.—Universal

10

vided under the regulations required by subsection

11(a) shall be provided from amounts made available

12

under paragraph (3) and not from contributions

13

under section 254(d) of the Communications Act of

141934 (47 U.S.C. 254(d)).

15(j) EXCEPTION TO GIFT RESTRICTIONS.—Not later

TO

UNIVERSALSERVICEservice support pro-

16 than 7 days after the date of the enactment of this Act,17 the Commission shall amend section 54.503(d) of title 47,
18 Code of Federal Regulations, so as to provide that such
19 section does not apply in the case of a gift or other thing
20 of value that is solicited, accepted, offered, or provided
21 during an emergency period described in subsection (b)22 for the purpose of responding to needs arising from the23 emergency.
24(k) DEFINITIONS.—In this section:

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1(1) BROADBAND INTERNET ACCESS SERVICE.—2

The term ‘‘broadband internet access service’’ has

3

the meaning given such term in section 8.1(b) of

4

title 47, Code of Federal Regulations (or any suc-5

cessor regulation).

6(2) COMMISSION.—The term ‘‘Commission’’

7means the Federal Communications Commission.

8(3) CONNECTED

DEVICE.—Theterm ‘‘con-9

nected device’’ means a laptop computer, tablet com-10

puter, or similar device that is capable of connecting

11

to mobile broadband internet access service, either

12by receiving such service directly or through the use

13

of Wi-Fi.

14(4) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-

15

less networking protocol based on Institute of Elec-

16

trical and Electronics Engineers standard 802.11

17(or any successor standard).

18

(5)

19

WI-FI

HOTSPOT.—The

term‘‘Wi-Fi

hotspot’’ means a device that is capable of—20(A) receiving mobile broadband internet

21

access service; and22(B) sharing such service with another de-23

vice through the use of Wi-Fi.

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983

TITLE III—EMERGENCY2
LINE
BENEFIT
3
BROADBAND SERVICE
1

4

SEC.

301.

EMERGENCY

LIFELINE

LIFEFORBENEFITFOR

5

BROADBAND SERVICE DURING EMERGENCY

6

PERIODS RELATING TO COVID–19.

7(a) PROMULGATION OF REGULATIONS REQUIRED.—

8 Not later than 7 days after the date of the enactment of
9 this Act, the Commission shall promulgate regulations for
10 the provision of an emergency lifeline broadband benefit
11 described and in accordance with the requirements of this
12 section.
13(b) REQUIREMENTS.—The regulations promulgated

14 pursuant to subsection (a) shall establish the following:
15(1) Regardless of whether a household or any

16

consumer in the household receives support under17

subpart E of part 54 of title 47, Code of Federal

18

Regulations, a household is eligible for the provision

19of Tier I service or Tier II service, supported by the20

emergency lifeline broadband benefit, during an

21emergency period if—

22(A) the household includes at least one

23

qualifying low-income consumer who meets the24

qualifications in paragraphs (a) and (b) of sec-

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984
1tion 54.409 of title 47, Code of Federal Regula-2

tions, or any successor regulation; or

3(B) the household receives benefits from4

the National School Lunch Program’s free or5reduced cost lunch program.

6(2) A provider of broadband internet access

7

service shall apply to the Commission for the reim-

8bursement described in paragraph (6) for each eligi-

9

ble household that requests the emergency lifeline10

broadband benefit and receives Tier I or Tier II

11service from the provider.

12(3) Within five business days of receiving a re-13

quest from a broadband internet service provider,14

the Commission shall determine and issue a decision

15

whether it is in the public interest—

16(A) to allow such provider to provide Tier

17

I or Tier II service supported by the emergency

18

lifeline broadband benefit, and

19(B) to allow the provider to use its own

20

verification processes to determine whether a21household is eligible to receive the emergency

22

lifeline broadband benefit according to the eligi-

23bility criteria in paragraph (1), if such proc-

24

esses are reasonable and sufficient to avoid

25

waste, fraud, and abuse.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML985
1(4) The Commission shall adopt reasonable rec-2

ordkeeping and retention requirements for recipients3of reimbursements from the funds made available in

4

subsection (f), which requirements shall be in lieu of5

any reporting, record keeping, retention and compli-

6

ance requirements as set forth in subpart E of part7

54 of title 47, Code of Federal Regulations.

8(5) The emergency period may be extended

9

within a State or any portion thereof if the Governor

10of the State provides written, public notice to the11

Commission stipulating that an extension is nec-

12

essary in furtherance of the recovery related to13

COVID–19. The Commission shall, within 24 hours

14

after receiving such notice, post the notice on the15

Commission’s public website.

16(6) The Commission shall reimburse providers

17of broadband internet access service from funds

18

made available in subsection (f) in the following

19

amounts:

20(A) The broadband internet access service

21

provider shall receive $50.00 per month, or an

22amount equal to the monthly charge for service

23

and equipment if such charge is less than24

$50.00 per month, for each eligible household

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986
1that requests the emergency lifeline broadband

2

benefit and receives the Tier I service.

3(B) The broadband internet access service

4

provider shall receive $30.00 per month, or an

5amount equal to the monthly charge for service

6

and equipment if such charge is less than7

$30.00 per month, for each eligible household

8

that requests the emergency lifeline broadband

9benefit and receives Tier II service.

10(7) To receive a reimbursement under para-

11

graph (6), a broadband internet access service pro-12

vider shall certify to the Commission—

13(A) the number of eligible households that14

requested the emergency lifeline broadband ben-15

efit and received Tier I service—

16(i) monthly for the duration of the17

emergency period; or18(ii) for each month of the emergency

19

period, collectively, after the expiration of20

the emergency period under paragraph (5);21

(B) the number of eligible households that22

requested the emergency lifeline broadband ben-23

efit and received Tier II service—

24(i) monthly for the duration of the25

emergency period; or

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9871(ii) for each month of the emergency

2

period, collectively, after the expiration of3

the emergency period under paragraph (5);4(C) that the reimbursement sought for pro-5

viding Tier I service or Tier II service to an eli-

6gible household did not exceed the provider’s

7

rate for that offering, or similar offerings, for8households that are not eligible households sub-9

scribing to the same or substantially similar

10

service;11(D) that eligible households for which the12provider is seeking reimbursement for providing

13

Tier I or Tier II service using the emergency

14

lifeline broadband benefit—

15(i) were not charged for the Tier I

16

service or Tier II service; and17(ii) were not disqualified from receiv-

18

ing the emergency lifeline broadband serv-

19

ice based on past or present arrearages;

20

and

21

(E) that the eligibility of eligible house-

22

holds is verified in accordance with the require-23

ments adopted by the Commission pursuant to24paragraph (3).

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9881(c) ELIGIBLE PROVIDERS.—The Commission may

2 provide a reimbursement to a broadband internet access
3 service provider under this section without requiring such
4 provider to be designated as an eligible telecommuni5 cations carrier under section 214(e) of the Communica6 tions Act of 1934 (47 U.S.C. 214(e)) and notwithstanding
7 section 254(e) of the Communications Act of 1934 (47
8 U.S.C. 254(e)).
9(d) RULE OF CONSTRUCTION.—Nothing in this sec-

10 tion shall affect the collection, distribution, or administra11 tion of the Lifeline Assistance Program governed by the
12 rules set forth in subpart E of part 54 of title 47, Code
13 of Federal Regulations.
14(e) EXEMPTIONS.—

15(1) NOTICE AND COMMENT RULEMAKING RE-

16

QUIREMENTS.—Section 553 of title 5, United States

17

Code, shall not apply to a regulation promulgated18

under subsection (a) or a rulemaking to promulgate

19such a regulation.

20(2) PAPERWORKREDUCTIONACTREQUIRE-

21

MENTS.—A

22

sponsored under the regulations required by sub-23

section (a), or under section 254 of the Communica-

24

tions Act of 1934 (47 U.S.C. 254) in connection

25

with universal service support provided under suchcollection of information conducted or

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989
1

regulations, shall not constitute a collection of infor-

2

mation for the purposes of subchapter I of chapter

3

35 of title 44, United States Code (commonly re-4ferred to as the Paperwork Reduction Act).

5(f)

EMERGENCY

BROADBAND

CONNECTIVITY

6 FUND.—
7(1) ESTABLISHMENT.—There is established in8

the Treasury of the United States a fund to be

9

known as the Emergency Broadband Connectivity

10

Fund.

11

(2) AUTHORIZATIONOFAPPROPRIATIONS.—

12

There is authorized to be appropriated to the Emer-

13

gency Broadband Connectivity Fund, out of any

14money in the Treasury not otherwise appropriated,15$1,000,000,000 for fiscal year 2020, to remain

16

available through fiscal year 2021.

17(3) USE OF FUNDS.—Amounts in the Emer-

18

gency Broadband Connectivity Fund shall be avail-19

able to the Commission to provide reimbursements

20

for Tier I service or Tier II service provided to eligi-

21

ble households under the regulations required pursu-

22

ant to subsection (a).

23(4) RELATIONSHIPTOUNIVERSALSERVICE

24

CONTRIBUTIONS.—Reimbursements25

the regulations required by subsection (a) shall be

provided under

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1provided from amounts made available under para-

2graph (3) and not from contributions under section

3

254(d) of the Communications Act of 1934 (474U.S.C. 254(d)).

5(g) DEFINITIONS.—In this section:

6(1) BROADBAND INTERNET ACCESS SERVICE.—

7

The term ‘‘broadband internet access service’’ has

8

the meaning given such term in section 8.1(b) of

9title 47, Code of Federal Regulations (or any suc-10

cessor regulation).

11(2) COMMISSION.—The term ‘‘Commission’’

12means the Federal Communications Commission.

13(3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible

14household’’ means a household that meets the re-15

quirements described in subsection (b)(1).

16(4) EMERGENCYPERIOD.—Theterm ‘‘emer-

17

gency period’’ means the duration of a public health18

emergency declared pursuant to section 319 of the19

Public Health Service Act (42 U.S.C. 247d) as a re-20

sult of COVID–19, including any renewal thereof.

21(5) TIER I SERVICE.—The term ‘‘Tier I serv-

22

ice’’ means broadband internet access service that,23

at a minimum, provides a download speed of 100

24

megabits per second, an upload speed of 10 mega-25

bits per second, and latency that is sufficiently low

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991
1

to allow real-time, interactive applications, with no2

data caps or additional fees for the provision of such3

service, except taxes and other governmental fees.

4(6) TIER II SERVICE.—The term ‘‘Tier II serv-

5ice’’ means broadband internet access service that,

6

at a minimum, provides a download speed of 25

7

megabits per second, an upload speed of 3 megabits8

per second, and latency that is sufficiently low to

9allow real-time, interactive applications, with no data

10

caps or additional fees for the provision of such serv-

11

ice, except taxes and other governmental fees.

12
13

TITLE IV—CONTINUEDCONNECTIVITY

14

SEC. 401. CONTINUED CONNECTIVITY DURING EMERGENCY

15

PERIODS RELATING TO COVID–19.

16

Title VII of the Communications Act of 1934 (4717 U.S.C. 601 et seq.) is amended by adding at the end the
18 following:
19‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER-

20

GENCY PERIODS RELATING TO COVID–19.

21‘‘(a) IN GENERAL.—During an emergency period de-22 scribed in subsection (b), it shall be unlawful—23‘‘(1) for a provider of advanced telecommuni-

24

cations service or voice service to—

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992
1‘‘(A) terminate, reduce, or change such2

service provided to any individual customer or3small business because of the inability of the in-4

dividual customer or small business to pay for5such service if the individual customer or small

6business certifies to such provider that such in-

7ability to pay is a result of disruptions caused

8by the public health emergency to which such

9

emergency period relates; or

10‘‘(B) impose late fees on any individual

11

customer or small business because of the in-12ability of the individual customer or small busi-

13

ness to pay for such service if the individual

14

customer or small business certifies to such pro-15

vider that such inability to pay is a result of

16

disruptions caused by the public health emer-

17

gency to which such emergency period relates;

18‘‘(2) for a provider of advanced telecommuni-

19

cations service to, during such emergency period—

20‘‘(A) employ a limit on the amount of data

21

allotted to an individual customer or small busi-

22

ness during such emergency period, except that23such provider may engage in reasonable net-

24

work management; or

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993
1‘‘(B) charge an individual customer or2small business an additional fee for exceeding3

the limit on the data allotted to an individual

4

customer or small business; or5‘‘(3) for a provider of advanced telecommuni-

6

cations service that had functioning Wi-Fi hotspots

7

available to subscribers in public places on the day

8

before the beginning of such emergency period to

9fail to make service provided by such Wi-Fi hotspots

10

available to the public at no cost during such emer-

11

gency period.

12‘‘(b) WAIVER.—Upon a petition by a provider ad-

13 vanced telecommunications service or voice service, the14 provisions in subsection (a) may be suspended or waived
15 by the Commission at any time, in whole or in part, for
16 good cause shown.
17‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer-

18 gency period described in this subsection is any portion
19 beginning on or after the date of the enactment of this
20 section of the duration of a public health emergency de21 clared pursuant to section 319 of the Public Health Serv22 ice Act (42 U.S.C. 247d) as a result of COVID–19, includ23 ing any renewal thereof.
24‘‘(d) DEFINITIONS.—In this section:

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML9941‘‘(1) ADVANCED TELECOMMUNICATIONS SERV-

2

ICE.—The term ‘advanced telecommunications serv-

3

ice’ means a service that provides advanced tele-4communications capability (as defined in section 706

5of the Telecommunications Act of 1996 (47 U.S.C.

61302)).

7‘‘(2) BROADBAND

INTERNETACCESS

SERV-

8

ICE.—The term ‘broadband internet access service’

9

has the meaning given such term in section 8.1(b)10of title 47, Code of Federal Regulations (or any suc-11

cessor regulation).

12‘‘(3) INDIVIDUAL CUSTOMER.—The term ‘indi-

13

vidual customer’ means an individual who contracts

14

with a mass-market retail provider of advanced tele-

15

communications service or voice service to provide

16

service to such individual.

17‘‘(4) REASONABLE NETWORK MANAGEMENT.—18

The term ‘reasonable network management’—19‘‘(A) means the use of a practice that—20‘‘(i) has a primarily technical network

21

management justification; and22‘‘(ii) is primarily used for and tailored23

to achieving a legitimate network manage-

24

ment purpose, taking into account the par-

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995
1ticular network architecture and tech-2

nology of the service; and3‘‘(B) does not include other business prac-4

tices.

5‘‘(5) SMALL BUSINESS.—The term ‘small busi-

6ness’ has the meaning given such term under section

7

601(3) of title 5, United States Code.

8‘‘(6) VOICE SERVICE.—The term ‘voice service’

9

has the meaning given such term under section

10

227(e)(8) of the Communications Act of 1934 (4711

U.S.C. 227(e)(8)).

12‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wire-

13

less networking protocol based on Institute of Elec-

14

trical and Electronics Engineers standard 802.11

15(or any successor standard).

16

‘‘(8)

17

WI-FI

HOTSPOT.—The

term‘Wi-Fihotspot’ means a device that is capable of—18‘‘(A) receiving mobile broadband internet

19

access service; and20‘‘(B) sharing such service with another de-21

vice through the use of Wi-Fi.’’.

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996

2

TITLE V—DON’T BREAK UP THE
T–BAND3

SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND

1

4

AUCTION T–BAND SPECTRUM.

5(a) REPEAL.—Section 6103 of the Middle Class Tax

6 Relief and Job Creation Act of 2012 (47 U.S.C. 1413)
7 is repealed.
8(b) CLERICAL AMENDMENT.—The table of contents

9 in section 1(b) of such Act is amended by striking the
10 item relating to section 6103.
11

SEC. 502. CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR

12EXPENDITURES.

13

Section 6 of the Wireless Communications and Public

14 Safety Act of 1999 (47 U.S.C. 615a–1) is amended—15(1) in subsection (f)—16(A) in paragraph (1), by striking ‘‘as spec-

17

ified in the provision of State or local law

18

adopting the fee or charge’’ and inserting ‘‘con-19

sistent with the purposes and functions des-20

ignated in the final rules issued under para-

21

graph (3) as purposes and functions for which22

the obligation or expenditure of such a fee or23charge is acceptable’’;24(B) in paragraph (2), by striking ‘‘any

25

purpose other than the purpose for which any

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997
1such fees or charges are specified’’ and insert-2

ing ‘‘any purpose or function other than the3

purposes and functions designated in the final

4

rules issued under paragraph (3) as purposes5

and functions for which the obligation or ex-6penditure of any such fees or charges is accept-

7

able’’; and8(C) by adding at the end the following:

9‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDI-

10

TURES.—

11‘‘(A) RULES REQUIRED.—In order to pre-12vent diversion of 9–1–1 fees or charges, the13Commission shall, not later than 180 days after14

the date of the enactment of this paragraph,15

issue final rules designating purposes and func-

16

tions for which the obligation or expenditure of17

9–1–1 fees or charges, by any State or taxing

18

jurisdiction authorized to impose such a fee or19charge, is acceptable.

20‘‘(B) PURPOSESAND

FUNCTIONS.—The21

purposes and functions designated under sub-22

paragraph (A) shall be limited to the support

23

and implementation of 9–1–1 services provided

24

by or in the State or taxing jurisdiction impos-

25

ing the fee or charge and operational expenses

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998
1

of public safety answering points within such2State or taxing jurisdiction. In designating such3

purposes and functions, the Commission shall4

consider the purposes and functions that States

5and taxing jurisdictions specify as the intended

6

purposes and functions for the 9–1–1 fees or7charges of such States and taxing jurisdictions,8and determine whether such purposes and func-

9

tions directly support providing 9–1–1 services.

10

‘‘(C)

CONSULTATIONREQUIRED.—The

11

Commission shall consult with public safety or-

12ganizations and States and taxing jurisdictions13

as part of any proceeding under this paragraph.

14‘‘(D) DEFINITIONS.—In this paragraph:15‘‘(i) 9–1–1

FEE OR CHARGE.—The

16

term ‘9–1–1 fee or charge’ means a fee or17charge applicable to commercial mobile

18

services or IP-enabled voice services spe-

19cifically designated by a State or taxing ju-

20

risdiction for the support or implementa-

21

tion of 9–1–1 services.

22‘‘(ii) 9–1–1 SERVICES.—The term ‘9–23

1–1 services’ has the meaning given such24

term in section 158(e) of the National

25

Telecommunications and Information Ad-

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999
1

ministration Organization Act (47 U.S.C.

2942(e)).

3‘‘(iii) STATEOR TAXING JURISDIC-

4

TION.—The term ‘State or taxing jurisdic-

5tion’ means a State, political subdivision

6

thereof, Indian Tribe, or village or regional7

corporation serving a region established8

pursuant to the Alaska Native Claims Set-

9

tlement Act (43 U.S.C. 1601 et seq.).

10‘‘(4) PARTICIPATION.—If a State or taxing ju-

11

risdiction (as defined in paragraph (3)(D)) receives

12

a grant under section 158 of the National Tele-

13

communications and Information Administration Or-

14

ganization Act (47 U.S.C. 942) after the date of the15

enactment of this paragraph, such State or taxing

16

jurisdiction shall, as a condition of receiving such

17

grant, provide the information requested by the18

Commission to prepare the report required by para-

19

graph (2).

20‘‘(5) PETITION REGARDING ADDITIONAL PUR-

21

POSES AND FUNCTIONS.—

22‘‘(A) IN GENERAL.—A State or taxing ju-

23

risdiction (as defined in paragraph (3)(D)) may

24

submit to the Commission a petition for a de-25

termination that an obligation or expenditure of

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1000
1

a 9–1–1 fee or charge (as defined in such para-

2graph) by such State or taxing jurisdiction for3

a purpose or function other than a purpose or4function designated under paragraph (3)(A)5should be treated as such a purpose or function.

6

If the Commission finds that the State or tax-

7

ing jurisdiction has provided sufficient docu-

8

mentation to make the demonstration described

9

in subparagraph (B), the Commission shall10

grant such petition.

11‘‘(B) DEMONSTRATION DESCRIBED.—The

12

demonstration described in this subparagraph is13

a demonstration that the purpose or function—

14‘‘(i) supports public safety answering

15

point functions or operations; or16‘‘(ii) has a direct impact on the ability

17of a public safety answering point to—18‘‘(I) receive or respond to 9–1–1

19

calls; or

20‘‘(II)

21

sponders.’’; and22

dispatchemergencyre-(2) by adding at the end the following:

23‘‘(j) SEVERABILITY CLAUSE.—If any provision of this

24 section or the application thereof to any person or cir25 cumstance is held invalid, the remainder of this section

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1001
1 and the application of such provision to other persons or
2 circumstances shall not be affected thereby.’’.
3

SEC. 503. PROHIBITION ON 9–1–1 FEE OR CHARGE DIVER-

4

SION.

5

(a) IN GENERAL.—If the Commission obtains evi-

6 dence that suggests the diversion by a State or taxing ju7 risdiction of 9–1–1 fees or charges, the Commission shall
8 submit such information, including any information re9 garding the impact of any underfunding of 9–1–1 services
10 in the State or taxing jurisdiction, to the interagency
11 strike force established under subsection (c).
12(b) REPORT TO CONGRESS.—Beginning with the first

13 report under section 6(f)(2) of the Wireless Communica14 tions and Public Safety Act of 1999 (47 U.S.C. 615a–
15 1(f)(2)) that is required to be submitted after the date
16 that is 1 year after the date of the enactment of this Act,17 the Commission shall include in each report required
18 under such section all evidence that suggests the diversion
19 by a State or taxing jurisdiction of 9–1–1 fees or charges,
20 including any information regarding the impact of any
21 underfunding of 9–1–1 services in the State or taxing ju22 risdiction.
23(c) INTERAGENCY STRIKE FORCE TO END 9–1–1

24 FEE OR CHARGE DIVERSION.—

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1002
1(1) ESTABLISHMENT.—Not later than 180 days

2

after the date of the enactment of this Act, the3Commission shall establish an interagency strike4

force to study how the Federal Government can5most expeditiously end diversion by a State or taxing

6

jurisdiction of 9–1–1 fees or charges. Such inter-7

agency strike force shall be known as the ‘‘Ending8

9–1–1 Fee Diversion Now Strike Force’’ (in this9

section referred to as the ‘‘Strike Force’’).

10(2) DUTIES.—In carrying out the study under11

paragraph (1), the Strike Force shall—

12(A) determine the effectiveness of any Fed-13eral laws, including regulations, policies, and14

practices, or budgetary or jurisdictional con-15

straints regarding how the Federal Government

16

can most expeditiously end diversion by a State17

or taxing jurisdiction of 9–1–1 fees or charges;

18(B) consider whether criminal penalties

19

would further prevent diversion by a State or

20

taxing jurisdiction of 9–1–1 fees or charges;

21

and

22

(C) determine the impacts of diversion by

23

a State or taxing jurisdiction of 9–1–1 fees or

24charges.

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1003
1(3) MEMBERS.—The Strike Force shall be com-2

posed of such representatives of Federal depart-3

ments and agencies as the Commission considers ap-

4

propriate, in addition to—5(A) State attorneys general;

6(B) States or taxing jurisdictions found7

not to be engaging in diversion of 9–1–1 fees

8

or charges;

9(C) States or taxing jurisdictions trying to10stop the diversion of 9–1–1 fees or charges;

11(D) State 9–1–1 administrators;

12(E) public safety organizations;

13(F) groups representing the public and14

consumers; and

15(G) groups representing public safety an-

16

swering point professionals.

17(4) REPORT TO CONGRESS.—Not later than18

270 days after the date of the enactment of this Act,

19

the Strike Force shall publish on the website of the20

Commission and submit to the Committee on En-

21

ergy and Commerce of the House of Representatives

22

and the Committee on Commerce, Science, and23

Transportation of the Senate a report on the find-24

ings of the study under this subsection, including—

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10041(A) any recommendations regarding how to2most expeditiously end the diversion by a State3

or taxing jurisdiction of 9–1–1 fees or charges,

4

including actions that can be taken by Federal

5departments and agencies and appropriate

6changes to law or regulations; and7(B) a description of what progress, if any,

8

relevant Federal departments and agencies have9

made in implementing the recommendations

10

under subparagraph (A).

11(d) FAILURETOCOMPLY.—Notwithstanding any

12 other provision of law, any State or taxing jurisdiction
13 identified by the Commission in the report required under
14 section 6(f)(2) of the Wireless Communications and Public
15 Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) as engaging
16 in diversion of 9–1–1 fees or charges shall be ineligible
17 to participate or send a representative to serve on any
18 committee, panel, or council established under section
19 6205(a) of the Middle Class Tax Relief and Job Creation
20 Act of 2012 (47 U.S.C. 1425(a)) or any advisory com21 mittee established by the Commission.
22

SEC. 504. RULE OF CONSTRUCTION.

23

Nothing in this title, the Wireless Communications

24 and Public Safety Act of 1999 (Public Law 106–81), or
25 the Communications Act of 1934 (47 U.S.C. 151 et seq.)

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1005
1 shall be construed to prevent a State or taxing jurisdiction
2 from requiring an annual audit of the books and records
3 of a provider of 9–1–1 services concerning the collection
4 and remittance of a 9–1–1 fee or charge.
5

SEC. 505. DEFINITIONS.

6

In this title:

7(1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1–

8

1 fee or charge’’ has the meaning given such term

9in subparagraph (D) of paragraph (3) of section 6(f)10of the Wireless Communications and Public Safety11

Act of 1999, as added by this title.

12(2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv-

13

ices’’ has the meaning given such term in section14

158(e) of the National Telecommunications and In-

15

formation Administration Organization Act (4716

U.S.C. 942(e)).

17(3) COMMISSION.—The term ‘‘Commission’’18

means the Federal Communications Commission.

19(4) DIVERSION.—The term ‘‘diversion’’ means,

20with respect to a 9–1–1 fee or charge, the obligation

21

or expenditure of such fee or charge for a purpose

22

or function other than the purposes and functions

23

designated in the final rules issued under paragraph24(3) of section 6(f) of the Wireless Communications

25

and Public Safety Act of 1999, as added by this

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1006
1title, as purposes and functions for which the obliga-

2

tion or expenditure of such a fee or charge is accept-

3

able.

4

(5) STATEORTAXINGJURISDICTION.—The5

term ‘‘State or taxing jurisdiction’’ has the meaning

6

given such term in subparagraph (D) of paragraph7(3) of section 6(f) of the Wireless Communications

8and Public Safety Act of 1999, as added by this9

title.

DIVISION V—GROW ACT

1011SEC. 101. SHORT TITLE.

12This division may be cited as the ‘‘Giving Retirement

13 Options to Workers Act of 2020’’ or the ‘‘GROW Act’’.
14

SEC. 102. COMPOSITE PLANS.

15(a) AMENDMENT TO THE EMPLOYEE RETIREMENT

16 INCOME SECURITY ACT OF 1974.—17(1) IN GENERAL.—Title I of the Employee Re-

18

tirement Income Security Act of 1974 (29 U.S.C.

19

1001 et seq.) is amended by adding at the end the20

following:

21‘‘PART 8—COMPOSITE PLANS AND LEGACY

22

PLANS

23

‘‘SEC. 801. COMPOSITE PLAN DEFINED.

24‘‘(a) IN GENERAL.—For purposes of this Act, the25 term ‘composite plan’ means a pension plan—

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10071‘‘(1) which is a multiemployer plan that is nei-2

ther a defined benefit plan nor a defined contribu-

3tion plan;4‘‘(2) the terms of which provide that the plan5

is a composite plan for purposes of this title with re-6

spect to which not more than one multiemployer de-7

fined benefit plan is treated as a legacy plan within

8

the meaning of section 805, unless there is more

9than one legacy plan following a merger of composite

10plans under section 806;11‘‘(3) which provides systematically for the pay-

12

ment of benefits—

13‘‘(A) objectively calculated pursuant to a

14

formula enumerated in the plan document with15

respect to plan participants after retirement,

16

for life; and17‘‘(B) in the form of life annuities, except

18

for benefits which under section 203(e) may be

19

immediately distributed without the consent of20

the participant;21‘‘(4) for which the plan contributions for the

22

first plan year are at least 120 percent of the nor-23

mal cost for the plan year;24‘‘(5) which requires—

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1008
1‘‘(A) an annual valuation of the liability of2the plan as of a date within the plan year to3

which the valuation refers or within one month

4prior to the beginning of such year;5‘‘(B) an annual actuarial determination of6

the plan’s current funded ratio and projected

7

funded ratio under section 802(a);8‘‘(C) corrective action through a realign-

9

ment program pursuant to section 803 when-10

ever the plan’s projected funded ratio is below

11

120 percent for the plan year; and12‘‘(D) an annual notification to each partici-

13

pant describing the participant’s benefits under14

the plan and explaining that such benefits may

15

be subject to reduction under a realignment

16

program pursuant to section 803 based on the

17plan’s funded status in future plan years; and18‘‘(6) the board of trustees of which includes at

19

least one retiree or beneficiary in pay status during

20

each plan year following the first plan year in which21

at least 5 percent of the participants in the plan are22

retirees or beneficiaries in pay status.

23‘‘(b) TRANSITION FROM A MULTIEMPLOYER DE-

24

FINED BENEFIT PLAN.—

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1009
1‘‘(1) IN GENERAL.—The plan sponsor of a de-2

fined benefit plan that is a multiemployer plan may,3

subject to paragraph (2), amend the plan to incor-

4

porate the features of a composite plan as a compo-

5nent of the multiemployer plan separate from the6

defined benefit plan component, except in the case of7

a defined benefit plan for which the plan actuary has

8certified under section 305(b)(3) that the plan is or9will be in critical status for the plan year in which

10

such amendment would become effective or for any

11of the succeeding 5 plan years.

12‘‘(2) REQUIREMENTS.—Any amendment pursu-

13

ant to paragraph (1) to incorporate the features of

14

a composite plan as a component of a multiemployer

15

plan shall—

16‘‘(A) apply with respect to all collective

17

bargaining agreements providing for contribu-

18

tions to the multiemployer plan on or after the19effective date of the amendment;

20‘‘(B) apply with respect to all participants

21

in the multiemployer plan for whom contribu-

22

tions are made to the multiemployer plan on or

23

after the effective date of the amendment;

24‘‘(C) specify that the effective date of the25

amendment is—

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML10101‘‘(i) the first day of a specified plan2

year following the date of the adoption of3

the amendment, except that the plan spon-4

sor may alternatively provide for a sepa-

5

rate effective date with respect to each col-6

lective bargaining agreement under which

7

contributions to the multiemployer plan8

are required, which shall occur on the first9

day of the first plan year beginning after

10

the termination, or if earlier, the re-open-

11

ing, of each such agreement, or such ear-12lier date as the parties to the agreement

13

and the plan sponsor of the multiemployer

14

plan shall agree to; and15‘‘(ii) not later than the first day of the16

fifth plan year beginning on or after the17date of the adoption of the amendment;

18‘‘(D) specify that, as of the amendment’s

19effective date, no further benefits shall accrue

20

under the defined benefit component of the21

multiemployer plan; and22‘‘(E) specify that, as of the amendment’s

23

effective date, the plan sponsor of the multiem-

24ployer plan shall be the plan sponsor of both

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1011
1

the composite plan component and the defined2

benefit plan component of the plan.

3‘‘(3) SPECIAL RULES.—If a multiemployer plan4

is amended pursuant to paragraph (1)—5‘‘(A) the requirements of this title and title

6

IV shall be applied to the composite plan com-7

ponent and the defined benefit plan component

8of the multiemployer plan as if each such com-9

ponent were maintained as a separate plan; and

10‘‘(B) the assets of the composite plan com-11

ponent and the defined benefit plan component

12of the plan shall be held in a single trust form-

13

ing part of the plan under which the trust in-14

strument expressly provides—

15‘‘(i) for separate accounts (and appro-

16

priate records) to be maintained to reflect

17

the interest which each of the plan compo-

18

nents has in the trust, including separate

19

accounting for additions to the trust for20

the benefit of each plan component, dis-21

bursements made from each plan compo-

22

nent’s account in the trust, investment ex-23

perience of the trust allocable to that ac-

24

count, and administrative expenses (wheth-25

er direct expenses or shared expenses allo-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1012
1

cated proportionally), and permits, but

2does not require, the pooling of some or all

3of the assets of the two plan components

4

for investment purposes; and5‘‘(ii) that the assets of each of the two

6plan components shall be held, invested,7

reinvested, managed, administered and dis-8

tributed for the exclusive benefit of the9participants and beneficiaries of each such

10plan component, and in no event shall the11

assets of one of the plan components be

12available to pay benefits due under the13

other plan component.

14‘‘(4) NOT A TERMINATION EVENT.—Notwith-15

standing section 4041A, an amendment pursuant to16paragraph (1) to incorporate the features of a com-17

posite plan as a component of a multiemployer plan18

does not constitute termination of the multiemployer

19

plan.

20

‘‘(5) NOTICE TO THE SECRETARY.—21‘‘(A) NOTICE.—The plan sponsor of a22

composite plan shall provide notice to the Sec-23

retary of the intent to establish the composite

24

plan (or, in the case of a composite plan incor-

25

porated as a component of a multiemployer

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1013
1plan as described in paragraph (1), the intent

2

to amend the multiemployer plan to incorporate

3such composite plan) at least 30 days prior to4

the effective date of such establishment or

5amendment.

6‘‘(B) CERTIFICATION.—In the case of a7composite plan incorporated as a component of

8

a multiemployer plan as described in paragraph

9(1), such notice shall include a certification by

10

the plan actuary under section 305(b)(3) that11

the effective date of the amendment occurs in

12

a plan year for which the multiemployer plan is13

not in critical status for that plan year and any

14of the succeeding 5 plan years.

15‘‘(6) REFERENCES TO COMPOSITE PLAN COM-

16

PONENT.—As used in this part, the term ‘composite

17

plan’ includes a composite plan component added to18

a defined benefit plan pursuant to paragraph (1).

19‘‘(7) RULE

OF

CONSTRUCTION.—Paragraph

20(2)(A) shall not be construed as preventing the plan21

sponsor of a multiemployer plan from adopting an22amendment pursuant to paragraph (1) because some23

collective bargaining agreements are amended to24cease any covered employer’s obligation to contribute25

to the multiemployer plan before or after the plan

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1014
1

amendment is effective. Paragraph (2)(B) shall not2

be construed as preventing the plan sponsor of a3

multiemployer plan from adopting an amendment

4

pursuant to paragraph (1) because some partici-

5pants cease to have contributions made to the multi-

6

employer plan on their behalf before or after the7plan amendment is effective.

8‘‘(c) COORDINATION WITH FUNDING RULES.—Ex-

9 cept as otherwise provided in this title, sections 302, 304,
10 and 305 shall not apply to a composite plan.
11‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-

12 poses of this Act (other than sections 302 and 4245), a
13 composite plan shall be treated as if it were a defined ben14 efit plan unless a different treatment is provided for under
15 applicable law.
16‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.

17‘‘(a) CERTIFICATION OF FUNDED RATIOS.—

18‘‘(1) IN GENERAL.—Not later than the one-19

hundred twentieth day of each plan year of a com-20

posite plan, the plan actuary of the composite plan

21

shall certify to the Secretary, the Secretary of the

22

Treasury, and the plan sponsor the plan’s current

23

funded ratio and projected funded ratio for the plan

24

year.

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1015
1‘‘(2) DETERMINATION OF CURRENT FUNDED

2

RATIO AND PROJECTED FUNDED RATIO.—For pur-3

poses of this section:

4‘‘(A) CURRENT FUNDED RATIO.—The cur-5

rent funded ratio is the ratio (expressed as a6

percentage) of—7‘‘(i) the value of the plan’s assets as

8of the first day of the plan year; to9‘‘(ii) the plan actuary’s best estimate

10of the present value of the plan liabilities11

as of the first day of the plan year.

12‘‘(B) PROJECTEDFUNDEDRATIO.—The

13

projected funded ratio is the current funded

14

ratio projected to the first day of the fifteenth

15

plan year following the plan year for which the16determination is being made.

17‘‘(3) CONSIDERATION OF CONTRIBUTION RATE

18

INCREASES.—For purposes of projections under this19

subsection, the plan sponsor may anticipate con-20

tribution rate increases beyond the term of the cur-21

rent collective bargaining agreement and any agreed-22

to supplements, up to a maximum of 2.5 percent per

23

year, compounded annually, unless it would be un-24

reasonable under the circumstances to assume that25

contributions would increase by that amount.

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10161‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.—

2 For purposes of this part:3‘‘(1) IN GENERAL.—All costs, liabilities, rates

4

of interest and other factors under the plan shall be5determined for a plan year on the basis of actuarial

6

assumptions and methods—

7‘‘(A) each of which is reasonable (taking

8

into account the experience of the plan and rea-9

sonable expectations);

10‘‘(B) which, in combination, offer the actu-

11

ary’s best estimate of anticipated experience

12

under the plan; and13‘‘(C) with respect to which any change

14

from the actuarial assumptions and methods

15

used in the previous plan year shall be certified

16

by the plan actuary and the actuarial rationale

17

for such change provided in the annual report18

required by section 103.

19‘‘(2) FAIR MARKET VALUE OF ASSETS.—The

20

value of the plan’s assets shall be taken into account21

on the basis of their fair market value.

22‘‘(3) DETERMINATION OF NORMAL COST AND

23

PLAN LIABILITIES.—A plan’s normal cost and liabil-

24

ities shall be based on the most recent actuarial

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1017
1valuation required under section 801(a)(5)(A) and2

the unit credit funding method.

3‘‘(4) TIME

WHEN

CERTAIN

CONTRIBUTIONS

4DEEMED MADE.—Any contributions for a plan year

5

made by an employer after the last day of such plan6

year, but not later than two and one-half months

7

after such day, shall be deemed to have been made8

on such last day. For purposes of this paragraph,9such two and one-half month period may be ex-

10tended for not more than six months under regula-

11

tions prescribed by the Secretary of the Treasury.

12‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.—

13

Except where otherwise provided in this part, the14provisions of section 305(b)(3)(B) shall apply to any

15

determination or projection under this part.

16‘‘SEC. 803. REALIGNMENT PROGRAM.

17‘‘(a) REALIGNMENT PROGRAM.—18‘‘(1) ADOPTION.—In any case in which the plan

19

actuary certifies under section 802(a) that the plan’s

20

projected funded ratio is below 120 percent for the21plan year, the plan sponsor shall adopt a realign-

22

ment program under paragraph (2) not later than23

210 days after the due date of the certification re-24

quired under such section 802(a). The plan sponsor

25

shall adopt an updated realignment program for

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1018
1each succeeding plan year for which a certification2

described in the preceding sentence is made.

3‘‘(2) CONTENT OF REALIGNMENT PROGRAM.—

4‘‘(A) IN GENERAL.—A realignment pro-

5

gram adopted under this paragraph is a written

6

program which consists of all reasonable meas-

7ures, including options or a range of options to

8

be undertaken by the plan sponsor or proposed9

to the bargaining parties, formulated, based on

10

reasonably anticipated experience and reason-

11

able actuarial assumptions, to enable the plan12

to achieve a projected funded ratio of at least13

120 percent for the following plan year.

14‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-

15

sonable measures under a realignment program

16

described in subparagraph (A) may include any

17of the following:

18‘‘(i) Proposed contribution increases.

19‘‘(ii) A reduction in the rate of future20

benefit accruals, so long as the resulting

21

rate is not less than 1 percent of the con-22

tributions on which benefits are based as

23of the start of the plan year (or the equiva-

24

lent standard accrual rate as described in

25

section 305(e)(6)).

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1019
1‘‘(iii) A modification or elimination of2

adjustable benefits of participants that are3

not in pay status before the date of the no-4

tice required under subsection (b)(1).

5‘‘(iv) Any other lawfully available

6

measures not specifically described in this7

subparagraph or subparagraph (C) or (D)8that the plan sponsor determines are rea-9

sonable.

10‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—

11

If the plan sponsor has determined that all rea-12

sonable measures available under subparagraph13(B) will not enable the plan to achieve a pro-14

jected funded ratio of at least 120 percent for15

the following plan year, such reasonable meas-

16

ures may also include—

17‘‘(i) a reduction of accrued benefits

18that are not in pay status by the date of

19

the

20

(b)(1); or

noticerequiredundersubsection

21‘‘(ii) a reduction of any benefits of

22participants that are in pay status before

23

the date of the notice required under sub-24

section (b)(1) other than core benefits as

25

defined in paragraph (4).

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1020
1‘‘(D) ADDITIONAL REDUCTIONS.—In the2case of a composite plan for which the plan3

sponsor has determined that all reasonable4

measures available under subparagraphs (B)5

and (C) will not enable the plan to achieve a

6

projected funded ratio of at least 120 percent

7

for the following plan year, such reasonable8

measures may also include—

9‘‘(i) a further reduction in the rate of10

future benefit accruals without regard to11

the limitation applicable under subpara-

12

graph (B)(ii); or

13‘‘(ii) a reduction of core benefits;

14

provided that such reductions shall be equitably

15

distributed across the participant and bene-

16

ficiary population, taking into account factors,

17

with respect to participants and beneficiaries

18

and their benefits, that may include one or19

more of the factors listed in subclauses (I)20through (X) of section 305(e)(9)(D)(vi), to the21

extent necessary to enable the plan to achieve22

a projected funded ratio of at least 120 percent

23

for the following plan year, or at the election of24

the plan sponsor, a projected funded ratio of at25

least 100 percent for the following plan year

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1021
1

and a current funded ratio of at least 90 per-

2

cent.

3

‘‘(3) ADJUSTABLE

BENEFIT

DEFINED.—For4

purposes of this part, the term ‘adjustable benefit’

5means—

6‘‘(A) benefits, rights, and features under7

the plan, including post-retirement death bene-

8fits, 60-month guarantees, disability benefits

9

not yet in pay status, and similar benefits;

10‘‘(B) any early retirement benefit or retire-11

ment-type subsidy (within the meaning of sec-

12

tion 204(g)(2)(A)) and any benefit payment op-

13

tion (other than the qualified joint and survivor

14annuity); and15‘‘(C) benefit increases that were adopted

16(or, if later, took effect) less than 60 months

17

before the first day such realignment program

18

took effect.

19‘‘(4) CORE BENEFIT DEFINED.—For purposes

20of this part, the term ‘core benefit’ means a partici-

21

pant’s accrued benefit payable in the normal form of

22

an annuity commencing at normal retirement age,23

determined without regard to—24‘‘(A) any early retirement benefits, retire-25

ment-type subsidies, or other benefits, rights, or

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1022
1features that may be associated with that ben-2efit; and3‘‘(B) any cost-of-living adjustments or ben-4efit increases effective after the date of retire-

5

ment.

6

‘‘(5) COORDINATION WITH CONTRIBUTION IN-

7

CREASES.—

8‘‘(A) IN GENERAL.—A realignment pro-

9

gram may provide that some or all of the ben-10

efit modifications described in the program will

11

only take effect if the bargaining parties fail to

12agree to specified levels of increases in contribu-

13

tions to the plan, effective as of specified dates.

14‘‘(B) INDEPENDENT BENEFIT MODIFICA-

15

TIONS.—If a realignment program adopts any

16changes to the benefit formula that are inde-

17

pendent of potential contribution increases,

18

such changes shall take effect not later than19

180 days after the first day of the first plan

20

year that begins following the adoption of the21

realignment program.

22‘‘(C) CONDITIONAL

BENEFIT

MODIFICA-23

TIONS.—If a realignment program adopts any

24changes to the benefit formula that take effect25

only if the bargaining parties fail to agree to

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1contribution increases, such changes shall take2

effect not later than the first day of the first3plan year beginning after the third anniversary

4of the date of adoption of the realignment pro-

5

gram.

6

‘‘(D) REVOCATION OF CERTAIN BENEFIT

7

MODIFICATIONS.—Benefit

8

scribed in subparagraph (C) may be revoked, in

9whole or in part, and retroactively or prospec-10

tively, when contributions to the plan are in-11creased, as specified in the realignment pro-

12

gram, including any amendments thereto. The

13

preceding sentence shall not apply unless the14

contribution increases are to be effective not15

later than the fifth anniversary of the first day

16of the first plan year that begins after the17

adoption of the realignment program.

18

modifications

de-‘‘(b) NOTICE.—

19‘‘(1) IN GENERAL.—In any case in which it is20

certified under section 802(a) that the projected21

funded ratio is less than 120 percent, the plan spon-22

sor shall, not later than 30 days after the date of23

the certification, provide notification of the current

24

and projected funded ratios to the participants and

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1

beneficiaries, the bargaining parties, and the Sec-2

retary. Such notice shall include—

3‘‘(A) an explanation that contribution rate4

increases or benefit reductions may be nec-

5

essary;6‘‘(B) a description of the types of benefits

7

that might be reduced; and8‘‘(C) an estimate of the contribution in-

9creases and benefit reductions that may be nec-

10

essary to achieve a projected funded ratio of

11

120 percent.

12‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.—

13‘‘(A) IN GENERAL.—No modifications may

14

be made that reduce the rate of future benefit

15

accrual or that reduce core benefits or adjust-16

able benefits unless notice of such reduction has

17been given at least 180 days before the general18

effective date of such reduction for all partici-

19

pants and beneficiaries to—

20

‘‘(i)

21

ficiaries;

plan

participants

and

bene-

22

‘‘(ii) each employer who has an obliga-

23

tion to contribute to the composite plan;

24

and

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1025
1‘‘(iii)each

employeeorganization2

which, for purposes of collective bar-

3

gaining, represents plan participants em-

4ployed by such employers.

5‘‘(B) CONTENT OF NOTICE.—The notice6

under subparagraph (A) shall contain—7‘‘(i) sufficient information to enable

8

participants and beneficiaries to under-

9

stand the effect of any reduction on their10

benefits, including an illustration of any

11

affected benefit or subsidy, on an annual

12

or monthly basis that a participant or ben-13

eficiary would otherwise have been eligible

14

for as of the general effective date de-15

scribed in subparagraph (A); and16‘‘(ii) information as to the rights and17

remedies of plan participants and bene-

18

ficiaries as well as how to contact the De-

19partment of Labor for further information

20

and assistance, where appropriate.

21‘‘(C) FORM

22

MANNER.—AnyAND

noticeunder subparagraph (A)—23‘‘(i) shall be provided in a form and24manner prescribed in regulations of the25

Secretary of Labor;

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1026
1‘‘(ii) shall be written in a manner so2

as to be understood by the average plan3

participant.

4‘‘(3) MODEL NOTICES.—The Secretary shall—

5‘‘(A) prescribe model notices that the plan6

sponsor of a composite plan may use to satisfy

7

the notice requirements under this subsection;

8

and

9

‘‘(B) by regulation enumerate any details

10

related to the elements listed in paragraph (1)11that any notice under this subsection must in-

12

clude.

13‘‘(4) DELIVERY METHOD.—Any notice under

14

this part shall be provided in writing and may also15

be provided in electronic form to the extent that the16form is reasonably accessible to persons to whom the17

notice is provided.

18‘‘SEC. 804. LIMITATION ON INCREASING BENEFITS.

19‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except

20 as provided in subsections (c), (d), and (e), no plan
21 amendment increasing benefits or establishing new bene22 fits under a composite plan may be adopted for a plan
23 year unless—

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10271‘‘(1) the plan’s current funded ratio is at least2

110 percent (without regard to the benefit increase3

or new benefits);

4‘‘(2) taking the benefit increase or new benefits

5

into account, the current funded ratio is at least 100

6percent and the projected funded ratio for the cur-7

rent plan year is at least 120 percent;8‘‘(3) in any case in which, after taking the ben-9efit increase or new benefits into account, the cur-10rent funded ratio is less than 140 percent and the11

projected funded ratio is less than 140 percent, the12benefit increase or new benefits are projected by the13plan actuary to increase the present value of the

14plan’s liabilities for the plan year by not more than15

3 percent; and16‘‘(4) expected contributions for the current plan

17

year are at least 120 percent of normal cost for the18plan year, determined using the unit credit funding

19

method and treating the benefit increase or new ben-20

efits as in effect for the entire plan year.

21‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE

22 BENEFITS REDUCED.—If a plan has been amended to re23 duce core benefits pursuant to a realignment program
24 under section 803(a)(2)(D), such plan may not be subse-

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1028
1 quently amended to increase core benefits unless the2 amendment—
3‘‘(1) increases the level of future benefit pay-4

ments only; and5‘‘(2) provides for an equitable distribution of6

benefit increases across the participant and bene-

7

ficiary population, taking into account the extent to8which the benefits of participants were previously re-9

duced pursuant to such realignment program.

10‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE

11 LAW.—Subsection (a) shall not apply in connection with
12 a plan amendment if the amendment is required as a con13 dition of qualification under part I of subchapter D of
14 chapter 1 of the Internal Revenue Code of 1986 or to com15 ply with other applicable law.
16‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE

17 LIMIT APPLIES.—Subsection (a) shall not apply in con18 nection with a plan amendment if and to the extent that
19 contributions to the composite plan would not be deduct20 ible for the plan year under section 404(a)(1)(E) of the
21 Internal Revenue Code of 1986 if the plan amendment is
22 not adopted.
23‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA-

24

TIONS.—Subsection (a) shall not apply in connection with

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1029
1 a plan amendment under section 803(a)(5)(C), regarding
2 conditional benefit modifications.
3‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur-4 poses of this section—
5‘‘(1) if two or more plan amendments increas-

6

ing benefits or establishing new benefits are adopted

7

in a plan year, such amendments shall be treated as

8a single amendment adopted on the last day of the

9plan year;10‘‘(2) all benefit increases and new benefits

11

adopted in a single amendment are treated as a sin-

12

gle benefit increase, irrespective of whether the in-13

creases and new benefits take effect in more than14

one plan year; and15‘‘(3) increases in contributions or decreases in

16plan liabilities which are scheduled to take effect in17

future plan years may be taken into account in con-18

nection with a plan amendment if they have been

19

agreed to in writing or otherwise formalized by the20date the plan amendment is adopted.

21‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE

22

LEGACY PLAN FUNDING.

23‘‘(a) TREATMENT AS A LEGACY PLAN.—

24‘‘(1) IN GENERAL.—For purposes of this part25

and parts 2 and 3, a defined benefit plan shall be

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1030
1

treated as a legacy plan with respect to the com-2

posite plan under which the employees who were eli-3

gible to accrue a benefit under the defined benefit

4plan become eligible to accrue a benefit under such5composite plan.

6‘‘(2) COMPONENTPLANS.—In

any case in7

which a defined benefit plan is amended to add a

8composite plan component pursuant to section

9801(b), paragraph (1) shall be applied by sub-10

stituting ‘defined benefit component’ for ‘defined11

benefit plan’ and ‘composite plan component’ for12‘composite plan’.

13‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For

14

purposes of paragraph (1), an employee is consid-

15

ered eligible to accrue a benefit under a composite

16

plan as of the first day in which the employee com-17

pletes an hour of service under a collective bar-

18

gaining agreement that provides for contributions to

19

and accruals under the composite plan in lieu of ac-

20

cruals under the legacy plan.

21‘‘(4) COLLECTIVE BARGAINING AGREEMENT.—

22

As used in this part, the term ‘collective bargaining

23

agreement’ includes any agreement under which an

24

employer has an obligation to contribute to a plan.

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1031
1‘‘(5) OTHER TERMS.—Any term used in this2part which is not defined in this part and which is3also used in section 305 shall have the same mean-4

ing provided such term in such section.

5‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE

6 PLAN OF AGREEMENTS AND CONTRIBUTIONS.—
7‘‘(1) IN GENERAL.—The plan sponsor of a com-8

posite plan shall not accept or recognize a collective

9

bargaining agreement (or any modification to such

10

agreement), and no contributions may be accepted11

and no benefits may be accrued or otherwise earned

12

under the agreement—

13‘‘(A) in any case in which the plan actuary

14

of any defined benefit plan that would be treat-15

ed as a legacy plan with respect to such com-16

posite17

305(b)(3) that such defined benefit plan is or18

will be in critical status for the plan year in19

which such agreement would take effect or for20

any of the succeeding 5 plan years; and

plan

has

certifiedunder

section21‘‘(B) unless the agreement requires each22

employer who is a party to such agreement, in-23

cluding employers whose employees are not par-24

ticipants in the legacy plan, to provide contribu-

25

tions to the legacy plan with respect to such

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1

composite plan in a manner that satisfies the2transition contribution requirements of sub-3

section (d).

4‘‘(2) NOTICE.—Not later than 30 days after a5determination by a plan sponsor of a composite plan

6

that an agreement fails to satisfy the requirements

7

described in paragraph (1), the plan sponsor shall8

provide notification of such failure and the reasons

9for such determination—

10‘‘(A) to the parties to the agreement;

11‘‘(B) to active participants of the com-12

posite plan who have ceased to accrue or other-13

wise earn benefits with respect to service with

14

an employer pursuant to paragraph (1); and15‘‘(C) to the Secretary, the Secretary of the16

Treasury, and the Pension Benefit Guaranty

17

Corporation.

18‘‘(3) LIMITATION ON RETROACTIVE EFFECT.—

19

This subsection shall not apply to benefits accrued

20

before the date on which notice is provided under21

paragraph (2).

22‘‘(c) RESTRICTIONON

ACCRUALOF

BENEFITS

23 UNDER A COMPOSITE PLAN.—
24‘‘(1) IN GENERAL.—In any case in which an

25

employer, under a collective bargaining agreement

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1033
1

entered into after the date of enactment of the Giv-

2

ing Retirement Options to Workers Act of 2020,

3

ceases to have an obligation to contribute to a multi-

4

employer defined benefit plan, no employees em-

5ployed by the employer may accrue or otherwise earn6benefits under any composite plan, with respect to7

service with that employer, for a 60-month period

8

beginning on the date on which the employer entered9

into such collective bargaining agreement.

10‘‘(2) NOTICE OF CESSATION OF OBLIGATION.—

11

Within 30 days of determining that an employer has

12ceased to have an obligation to contribute to a leg-13

acy plan with respect to employees employed by an

14

employer that is or will be contributing to a com-15

posite plan with respect to service of such employees,

16

the plan sponsor of the legacy plan shall notify the17plan sponsor of the composite plan of that cessation.

18‘‘(3) NOTICE OF CESSATION OF ACCRUALS.—19

Not later than 30 days after determining that an

20

employer has ceased to have an obligation to con-21

tribute to a legacy plan, the plan sponsor of the22composite plan shall notify the bargaining parties,

23

the active participants affected by the cessation of

24

accruals, the Secretary, the Secretary of the Treas-

25

ury, and the Pension Benefit Guaranty Corporation

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1034
1of the cessation of accruals, the period during which

2such cessation is in effect, and the reasons therefor.

3‘‘(4) LIMITATION ON RETROACTIVE EFFECT.—

4This subsection shall not apply to benefits accrued

5

before the date on which notice is provided under6

paragraph (3).

7‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.—

8‘‘(1) IN

GENERAL.—A

collective bargaining

9agreement satisfies the transition contribution re-

10quirements of this subsection if the agreement—

11‘‘(A) authorizes payment of contributions

12

to a legacy plan at a rate or rates equal to or

13

greater than the transition contribution rate es-

14tablished by the legacy plan under paragraph15(2); and

16‘‘(B) does not provide for—17‘‘(i) a suspension of contributions to

18

the legacy plan with respect to any period

19

of service; or20‘‘(ii) any new direct or indirect exclu-

21

sion of younger or newly hired employees

22of the employer from being taken into ac-

23

count in determining contributions owed to24

the legacy plan.

25‘‘(2) TRANSITION CONTRIBUTION RATE.—

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1035
1‘‘(A) IN GENERAL.—The transition con-2

tribution rate for a plan year is the contribution

3

rate that, as certified by the actuary of the leg-4

acy plan in accordance with the principles in

5section 305(b)(3)(B), is reasonably expected to6

be adequate—

7‘‘(i) to fund the normal cost for the8plan year;

9‘‘(ii) to amortize the plan’s unfunded10

liabilities in level annual installments over11

25 years, beginning with the plan year in12

which the transition contribution rate is

13

first established; and14‘‘(iii) to amortize any subsequent

15

changes in the legacy plan’s unfunded li-

16ability due to experience gains or losses

17(including investment gains or losses, gains

18

or losses due to contributions greater or

19less than the contributions made under the

20prior transition contribution rate, and21

other actuarial gains or losses), changes in

22

actuarial assumptions, changes to the leg-23

acy plan’s benefits, or changes in funding

24

method over a period of 15 plan years be-

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1036
1

ginning with the plan year in which such2change in unfunded liability is incurred.

3

The transition contribution rate for any plan

4

year may not be less than the transition con-5

tribution rate for the plan year in which such6

rate is first established.

7‘‘(B) MULTIPLE RATES.—If different rates

8

of contribution are payable to the legacy plan9by different employers or for different classes of

10

employees, the certification shall specify a tran-

11

sition contribution rate for each such employer.

12‘‘(C) RATE APPLICABLE TO EMPLOYER.—

13‘‘(i) IN

GENERAL.—Except

as pro-14

vided by clause (ii), the transition con-15

tribution rate applicable to an employer for16

a plan year is the rate in effect for the17plan year of the legacy plan that com-18

mences on or after 180 days before the19earlier of—20‘‘(I) the effective date of the col-21

lective bargaining agreement pursuant

22

to which the employer contributes to23

the legacy plan; or24‘‘(II) 5 years after the last plan

25

year for which the transition contribu-

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1037
1tion rate applicable to the employer2

was established or updated.

3‘‘(ii)

EXCEPTION.—Thetransition

4

contribution rate applicable to an employer

5

for the first plan year beginning on or

6

after the commencement of the employer’s

7

obligation to contribute to the composite

8plan is the rate in effect for the plan year

9of the legacy plan that commences on or

10

after 180 days before such first plan year.

11‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL

12CIRCUMSTANCES.—If

13

legacy plan has certified under section 305 that14

the plan is in endangered or critical status for15

a plan year, the transition contribution rate for16

the following plan year is the rate determined

17

with respect to the employer under the legacy

18

plan’s funding improvement or rehabilitation

19

plan under section 305, if greater than the rate

20

otherwise determined, but in no event greater

21

than 75 percent of the sum of the contribution

22

rates applicable to the legacy plan and the com-23

posite plan for the plan year.

the plan actuary of the24‘‘(E) OTHER

25

AND METHODS.—Except

ACTUARIALASSUMPTIONS

as provided in sub-

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1038
1

paragraph (A), the determination of the transi-

2tion contribution rate for a plan year shall be3

based on actuarial assumptions and methods

4

consistent with the minimum funding deter-

5minations made under section 304 (or, if appli-

6

cable, section 305) with respect to the legacy

7

plan for the plan year.

8‘‘(F) ADJUSTMENTS IN RATE.—The plan9

sponsor of a legacy plan from time to time may

10

adjust the transition contribution rate or rates

11

applicable to an employer under this paragraph

12by increasing some rates and decreasing others

13

if the actuary certifies that such adjusted rates

14

in combination will produce projected contribu-

15

tion income for the plan year beginning on or

16

after the date of certification that is not less17

than would be produced by the transition con-18

tribution rates in effect at the time of the cer-

19tification.

20‘‘(G) NOTICE OF TRANSITION CONTRIBU-

21

TION RATE.—The plan sponsor of a legacy plan

22

shall provide notice to the parties to collective

23

bargaining agreements pursuant to which con-24

tributions are made to the legacy plan of25changes to the transition contribution rate re-

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1039
1quirements at least 30 days before the begin-2

ning of the plan year for which the rate is effec-

3

tive.

4

‘‘(H) NOTICE TO COMPOSITE PLAN SPON-

5

SOR.—Not

6

mination by the plan sponsor of a legacy plan

7

that a collective bargaining agreement provides

8

for a rate of contributions that is below the9transition contribution rate applicable to one or10

more employers that are parties to the collective

11

bargaining agreement, the plan sponsor of the

12legacy plan shall notify the plan sponsor of any

13composite plan under which employees of such

14

employer would otherwise be eligible to accrue

15

a benefit.

16‘‘(3) CORRECTION PROCEDURES.—Pursuant to17

standards prescribed by the Secretary, the plan18

sponsor of a composite plan shall adopt rules and19

procedures that give the parties to the collective bar-

20

gaining agreement notice of the failure of such21

agreement to satisfy the transition contribution re-22

quirements of this subsection, and a reasonable op-23

portunity to correct such failure, not to exceed 180

24days from the date of notice given under subsection

25(b)(2).

later than 30 days after a deter-

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1040
1‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col-2

lective bargaining agreement may provide for supple-

3

mental contributions to the legacy plan for a plan

4

year in excess of the transition contribution rate de-5termined under paragraph (2), regardless of whether

6

the legacy plan is in endangered or critical status for7

such plan year.

8‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RE-

9

STRICTIONS.—

10‘‘(1) IN

GENERAL.—Theprovisions of sub-11

sections (a), (b), and (c) shall not apply with respect

12

to a collective bargaining agreement, to the extent

13

the agreement, or a predecessor agreement, provides

14or provided for contributions to a defined benefit

15

plan that is a legacy plan, as of the first day of the16

first plan year following a plan year for which the17plan actuary certifies that the plan is fully funded,18

has been fully funded for at least three out of the19

immediately preceding 5 plan years, and is projected20

to remain fully funded for at least the following 4

21

plan years.

22‘‘(2) DETERMINATION OF FULLY FUNDED.—A

23

plan is fully funded for purposes of paragraph (1)24if, as of the valuation date of the plan for a plan25

year, the value of the plan’s assets equals or exceeds

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1041
1

the present value of the plan’s liabilities, determined2

in accordance with the rules prescribed by the Pen-3sion Benefit Guaranty Corporation under sections

44219(c)(1)(D) and 4281 for multiemployer plans

5

terminating by mass withdrawal, as in effect for the6date of the determination, except the plan’s reason-

7

able assumption regarding the starting date of bene-

8

fits may be used.

9‘‘(3) OTHER APPLICABLE RULES.—Except as

10provided in paragraph (2), actuarial determinations

11and projections under this section shall be based on

12

the rules in section 305(b)(3) and section 802(b).

13‘‘SEC. 806. MERGERS AND ASSET TRANSFERS OF COM-

14

POSITE PLANS.

15‘‘(a) IN GENERAL.—Assets and liabilities of a com-

16 posite plan may only be merged with, or transferred to,
17 another plan if—
18‘‘(1) the other plan is a composite plan;

19‘‘(2) the plan or plans resulting from the merg-

20

er or transfer is a composite plan;21‘‘(3) no participant’s accrued benefit or adjust-22

able benefit is lower immediately after the trans-

23

action than it was immediately before the trans-

24

action; and

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1042
1‘‘(4) the value of the assets transferred in the2case of a transfer reasonably reflects the value of the3amounts contributed with respect to the participants

4

whose benefits are being transferred, adjusted for al-5locable distributions, investment gains and losses,

6

and administrative expenses.

7‘‘(b) LEGACY PLAN.—

8‘‘(1) IN GENERAL.—After a merger or transfer

9involving a composite plan, the legacy plan with re-10spect to an employer that is obligated to contribute11

to the resulting composite plan is the legacy plan

12that applied to that employer immediately before the13merger or transfer.

14‘‘(2) MULTIPLE

LEGACY PLANS.—If

an em-

15

ployer is obligated to contribute to more than one

16

legacy plan with respect to employees eligible to ac-

17

crue benefits under more than one composite plan18

and there is a merger or transfer of such legacy

19plans, the transition contribution rate applicable to20

the legacy plan resulting from the merger or trans-

21

fer with respect to that employer shall be determined

22

in

23

805(d)(2)(B).’’.

24

accordance

with

the

provisionsofsection(2) PENALTIES.—

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1(A) CIVIL ENFORCEMENT OF FAILURE TO

2

COMPLY WITH REALIGNMENT PROGRAM.—Sec-3

tion 502(a) of such Act (29 U.S.C. 1132(a)) is4

amended—5(i) in paragraph (10), by striking ‘‘or’’6

at the end;

7(ii) in paragraph (11), by striking the8

period at the end and inserting ‘‘; or’’; and9(iii) by adding at the end the fol-10

lowing:11‘‘(12) in the case of a composite plan required12

to adopt a realignment program under section 803,

13

if the plan sponsor—

14‘‘(A) has not adopted a realignment pro-

15

gram under that section by the deadline estab-

16

lished in such section; or

17‘‘(B) fails to update or comply with the18terms of the realignment program in accordance

19with the requirements of such section,

20

by the Secretary, by an employer that has an obliga-

21

tion to contribute with respect to the composite plan,22

or by an employee organization that represents ac-

23

tive participants in the composite plan, for an order24compelling the plan sponsor to adopt a realignment

25

program, or to update or comply with the terms of

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1044
1

the realignment program, in accordance with the re-2quirements of such section and the realignment pro-3

gram.’’.

4(B) CIVIL PENALTIES.—Section 502(c) of

5such Act (29 U.S.C. 1132(c)) is amended—

6(i) by moving paragraphs (8), (10),7

and (12) each 2 ems to the left;

8(ii) by redesignating paragraphs (9)9through (12) as paragraphs (12) through10(15), respectively; and11(iii) by inserting after paragraph (8)12the following:

13‘‘(9) The Secretary may assess against any plan14

sponsor of a composite plan a civil penalty of not

15

more than $1,100 per day for each violation by such16

sponsor—

17‘‘(A) of the requirement under section

18

802(a) on the plan actuary to certify the plan’s

19current or projected funded ratio by the date20

specified in such subsection; or

21‘‘(B) of the requirement under section 803

22

to adopt a realignment program by the deadline

23

established in that section and to comply with24

its terms.

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1‘‘(10)(A) The Secretary may assess against any

2plan sponsor of a composite plan a civil penalty of3

not more than $100 per day for each violation by4such sponsor of the requirement under section

5803(b) to provide notice as described in such section,

6

except that no penalty may be assessed in any case7in which the plan sponsor exercised reasonable dili-8

gence to meet the requirements of such section

9

and—

10

‘‘(i) the plan sponsor did not know that the11

violation existed; or12‘‘(ii) the plan sponsor provided such notice13

during the 30-day period beginning on the first14

date on which the plan sponsor knew, or in ex-

15

ercising reasonable due diligence should have

16

known, that such violation existed.

17‘‘(B) In any case in which the plan sponsor ex-

18

ercised reasonable diligence to meet the require-

19

ments of section 803(b)—20‘‘(i) the total penalty assessed under this21

paragraph against such sponsor for a plan year22

may not exceed $500,000; and23‘‘(ii) the Secretary may waive part or all of

24such penalty to the extent that the payment of

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1046
1such penalty would be excessive or otherwise in-2equitable relative to the violation involved.

3‘‘(11) The Secretary may assess against any

4plan sponsor of a composite plan a civil penalty of5

not more than $100 per day for each violation by

6such sponsor of the notice requirements under sec-

7

tions 801(b)(5) and 805(b)(2).’’.

8(3) CONFORMING AMENDMENT.—The table of9contents in section 1 of such Act (29 U.S.C. 1001

10note) is amended by inserting after the item relating11

to section 734 the following:‘‘PART 8—COMPOSITE PLANS AND LEGACY PLANS‘‘Sec. 801. Composite plan defined.
‘‘Sec. 802. Funded ratios; actuarial assumptions.
‘‘Sec. 803. Realignment program.
‘‘Sec. 804. Limitation on increasing benefits.
‘‘Sec. 805. Composite plan restrictions to preserve legacy plan funding.
‘‘Sec. 806. Mergers and asset transfers of composite plans.’’.

1213(b) AMENDMENT TO THE INTERNAL REVENUE CODE
OF 1986.—14(1) IN GENERAL.—Part III of subchapter D of

15

chapter 1 of the Internal Revenue Code of 1986 is

16

amended by adding at the end the following:

17‘‘Subpart C—Composite Plans and Legacy Plans‘‘Sec. 437. Composite plan defined.
‘‘Sec. 438. Funded ratios; actuarial assumptions.
‘‘Sec. 439. Realignment program.
‘‘Sec. 440. Limitation on increasing benefits.
‘‘Sec. 440A. Composite plan restrictions to preserve legacy plan funding.
‘‘Sec. 440B. Mergers and asset transfers of composite plans.

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1047
1‘‘SEC. 437. COMPOSITE PLAN DEFINED.

2‘‘(a) IN GENERAL.—For purposes of this title, the

3 term ‘composite plan’ means a pension plan—4‘‘(1) which is a multiemployer plan that is nei-5

ther a defined benefit plan nor a defined contribu-

6tion plan,7‘‘(2) the terms of which provide that the plan8

is a composite plan for purposes of this title with re-9spect to which not more than one multiemployer de-10

fined benefit plan is treated as a legacy plan within

11

the meaning of section 440A, unless there is more

12

than one legacy plan following a merger of composite

13

plans under section 440B,

14‘‘(3) which provides systematically for the pay-

15

ment of benefits—

16‘‘(A) objectively calculated pursuant to a

17

formula enumerated in the plan document with18

respect to plan participants after retirement,

19

for life, and20‘‘(B) in the form of life annuities, except

21

for benefits which under section 411(a)(11)22

may be immediately distributed without the23consent of the participant,24‘‘(4) for which the plan contributions for the25

first plan year are at least 120 percent of the nor-26

mal cost for the plan year,

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1048
1‘‘(5) which requires—

2‘‘(A) an annual valuation of the liability of3

the plan as of a date within the plan year to4which the valuation refers or within one month

5prior to the beginning of such year,

6‘‘(B) an annual actuarial determination of7

the plan’s current funded ratio and projected8

funded ratio under section 438(a),9‘‘(C) corrective action through a realign-

10

ment program pursuant to section 439 when-

11

ever the plan’s projected funded ratio is below

12

120 percent for the plan year, and13‘‘(D) an annual notification to each partici-

14pant describing the participant’s benefits under15

the plan and explaining that such benefits may

16

be subject to reduction under a realignment

17

program pursuant to section 439 based on the

18plan’s funded status in future plan years, and19‘‘(6) the board of trustees of which includes at20

least one retiree or beneficiary in pay status during

21

each plan year following the first plan year in which22

at least 5 percent of the participants in the plan are23

retirees or beneficiaries in pay status.

24‘‘(b) TRANSITION FROM A MULTIEMPLOYER DE-

25

FINED BENEFIT PLAN.—

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1049
1‘‘(1) IN GENERAL.—The plan sponsor of a de-2

fined benefit plan that is a multiemployer plan may,3

subject to paragraph (2), amend the plan to incor-

4

porate the features of a composite plan as a compo-

5nent of the multiemployer plan separate from the6

defined benefit plan component, except in the case of7

a defined benefit plan for which the plan actuary has

8certified under section 432(b)(3) that the plan is or9will be in critical status for the plan year in which

10

such amendment would become effective or for any

11of the succeeding 5 plan years.

12‘‘(2) REQUIREMENTS.—Any amendment pursu-

13

ant to paragraph (1) to incorporate the features of

14

a composite plan as a component of a multiemployer

15

plan shall—

16‘‘(A) apply with respect to all collective

17

bargaining agreements providing for contribu-

18

tions to the multiemployer plan on or after the19effective date of the amendment,

20‘‘(B) apply with respect to all participants

21

in the multiemployer plan for whom contribu-

22

tions are made to the multiemployer plan on or

23

after the effective date of the amendment,

24‘‘(C) specify that the effective date of the25

amendment is—

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10501‘‘(i) the first day of a specified plan2

year following the date of the adoption of3

the amendment, except that the plan spon-4

sor may alternatively provide for a sepa-

5

rate effective date with respect to each col-6

lective bargaining agreement under which

7

contributions to the multiemployer plan8

are required, which shall occur on the first9

day of the first plan year beginning after

10

the termination, or if earlier, the re-open-

11

ing, of each such agreement, or such ear-12lier date as the parties to the agreement

13

and the plan sponsor of the multiemployer

14

plan shall agree to, and15‘‘(ii) not later than the first day of the16

fifth plan year beginning on or after the17date of the adoption of the amendment,

18‘‘(D) specify that, as of the amendment’s

19effective date, no further benefits shall accrue

20

under the defined benefit component of the21

multiemployer plan, and22‘‘(E) specify that, as of the amendment’s

23

effective date, the plan sponsor of the multiem-

24ployer plan shall be the plan sponsor of both

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1051
1

the composite plan component and the defined2

benefit plan component of the plan.

3‘‘(3) SPECIAL RULES.—If a multiemployer plan4

is amended pursuant to paragraph (1)—5‘‘(A) the requirements of this title shall be

6applied to the composite plan component and7

the defined benefit plan component of the mul-

8

tiemployer plan as if each such component were9

maintained as a separate plan, and

10‘‘(B) the assets of the composite plan com-11

ponent and the defined benefit plan component

12of the plan shall be held in a single trust form-

13

ing part of the plan under which the trust in-14

strument expressly provides—

15‘‘(i) for separate accounts (and appro-

16

priate records) to be maintained to reflect

17

the interest which each of the plan compo-

18

nents has in the trust, including separate

19

accounting for additions to the trust for20

the benefit of each plan component, dis-21

bursements made from each plan compo-

22

nent’s account in the trust, investment ex-23

perience of the trust allocable to that ac-

24

count, and administrative expenses (wheth-25

er direct expenses or shared expenses allo-

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1cated proportionally), and permits, but

2does not require, the pooling of some or all

3of the assets of the two plan components

4

for investment purposes, and5‘‘(ii) that the assets of each of the two

6plan components shall be held, invested,7

reinvested, managed, administered and dis-8

tributed for the exclusive benefit of the9participants and beneficiaries of each such

10plan component, and in no event shall the11

assets of one of the plan components be

12available to pay benefits due under the13

other plan component.

14‘‘(4) NOT A TERMINATION EVENT.—Notwith-15

standing section 4041A of the Employee Retirement

16

Income Security Act of 1974, an amendment pursu-

17

ant to paragraph (1) to incorporate the features of18

a composite plan as a component of a multiemployer

19

plan does not constitute termination of the multiem-

20

ployer plan.

21‘‘(5) NOTICE TO THE SECRETARY.—22‘‘(A) NOTICE.—The plan sponsor of a23

composite plan shall provide notice to the Sec-24

retary of the intent to establish the composite

25

plan (or, in the case of a composite plan incor-

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1053
1

porated as a component of a multiemployer

2plan as described in paragraph (1), the intent

3

to amend the multiemployer plan to incorporate

4such composite plan) at least 30 days prior to5

the effective date of such establishment or6amendment.

7‘‘(B) CERTIFICATION.—In the case of a8composite plan incorporated as a component of

9a multiemployer plan as described in paragraph

10(1), such notice shall include a certification by

11

the plan actuary under section 432(b)(3) that12

the effective date of the amendment occurs in13

a plan year for which the multiemployer plan is14

not in critical status for that plan year and any

15of the succeeding 5 plan years.

16‘‘(6) REFERENCES TO COMPOSITE PLAN COM-

17

PONENT.—As used in this subpart, the term ‘com-

18

posite plan’ includes a composite plan component

19

added to a defined benefit plan pursuant to para-

20

graph (1).

21‘‘(7) RULE

OF

CONSTRUCTION.—Paragraph

22(2)(A) shall not be construed as preventing the plan23

sponsor of a multiemployer plan from adopting an24amendment pursuant to paragraph (1) because some25

collective bargaining agreements are amended to

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1cease any covered employer’s obligation to contribute2

to the multiemployer plan before or after the plan3

amendment is effective. Paragraph (2)(B) shall not4

be construed as preventing the plan sponsor of a5

multiemployer plan from adopting an amendment

6

pursuant to paragraph (1) because some partici-

7

pants cease to have contributions made to the multi-

8

employer plan on their behalf before or after the9plan amendment is effective.

10‘‘(c) COORDINATION WITH FUNDING RULES.—Ex-

11 cept as otherwise provided in this title, sections 412, 431,
12 and 432 shall not apply to a composite plan.
13‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-

14 poses of this title (other than sections 412 and 418E),
15 a composite plan shall be treated as if it were a defined
16 benefit plan unless a different treatment is provided for
17 under applicable law.
18‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.

19‘‘(a) CERTIFICATION OF FUNDED RATIOS.—

20‘‘(1) IN GENERAL.—Not later than the one-21

hundred twentieth day of each plan year of a com-22

posite plan, the plan actuary of the composite plan

23

shall certify to the Secretary, the Secretary of

24

Labor, and the plan sponsor the plan’s current fund-

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1055
1

ed ratio and projected funded ratio for the plan

2

year.

3

‘‘(2) DETERMINATION OF CURRENT FUNDED

4RATIO AND PROJECTED FUNDED RATIO.—For pur-5

poses of this section—

6‘‘(A) CURRENT FUNDED RATIO.—The cur-7

rent funded ratio is the ratio (expressed as a8

percentage) of—

9‘‘(i) the value of the plan’s assets as

10of the first day of the plan year, to11‘‘(ii) the plan actuary’s best estimate

12of the present value of the plan liabilities

13

as of the first day of the plan year.

14‘‘(B) PROJECTEDFUNDEDRATIO.—The

15

projected funded ratio is the current funded16

ratio projected to the first day of the fifteenth

17

plan year following the plan year for which the18

determination is being made.

19‘‘(3) CONSIDERATION OF CONTRIBUTION RATE

20

INCREASES.—For purposes of projections under this21

subsection, the plan sponsor may anticipate con-22

tribution rate increases beyond the term of the cur-23

rent collective bargaining agreement and any agreed-24

to supplements, up to a maximum of 2.5 percent per

25

year, compounded annually, unless it would be un-

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1056
1

reasonable under the circumstances to assume that2

contributions would increase by that amount.

3‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.—

4 For purposes of this part—
5‘‘(1) IN GENERAL.—All costs, liabilities, rates

6

of interest, and other factors under the plan shall be

7determined for a plan year on the basis of actuarial

8

assumptions and methods—

9‘‘(A) each of which is reasonable (taking

10

into account the experience of the plan and rea-11

sonable expectations),

12‘‘(B) which, in combination, offer the actu-

13

ary’s best estimate of anticipated experience

14

under the plan, and15‘‘(C) with respect to which any change

16

from the actuarial assumptions and methods

17

used in the previous plan year shall be certified

18

by the plan actuary and the actuarial rationale

19

for such change provided in the annual report20

required by section 6058.

21‘‘(2) FAIR MARKET VALUE OF ASSETS.—The

22

value of the plan’s assets shall be taken into account23

on the basis of their fair market value.

24‘‘(3) DETERMINATION OF NORMAL COST AND

25

PLAN LIABILITIES.—A plan’s normal cost and liabil-

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1057
1

ities shall be based on the most recent actuarial

2

valuation required under section 437(a)(5)(A) and3

the unit credit funding method.

4‘‘(4) TIME

WHEN

CERTAIN

CONTRIBUTIONS

5DEEMED MADE.—Any contributions for a plan year

6

made by an employer after the last day of such plan7

year, but not later than two and one-half months

8

after such day, shall be deemed to have been made9

on such last day. For purposes of this paragraph,10

such two and one-half month period may be ex-

11tended for not more than six months under regula-

12

tions prescribed by the Secretary.

13‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.—

14

Except where otherwise provided in this subpart, the15provisions of section 432(b)(3)(B) shall apply to any

16

determination or projection under this subpart.

17‘‘SEC. 439. REALIGNMENT PROGRAM.

18‘‘(a) REALIGNMENT PROGRAM.—19‘‘(1) ADOPTION.—In any case in which the plan

20

actuary certifies under section 438(a) that the plan’s

21

projected funded ratio is below 120 percent for the22plan year, the plan sponsor shall adopt a realign-

23

ment program under paragraph (2) not later than24

210 days after the due date of the certification re-25

quired under section 438(a). The plan sponsor shall

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1058
1adopt an updated realignment program for each suc-2

ceeding plan year for which a certification described3

in the preceding sentence is made.

4‘‘(2) CONTENT OF REALIGNMENT PROGRAM.—

5‘‘(A) IN GENERAL.—A realignment pro-

6

gram adopted under this paragraph is a written

7

program which consists of all reasonable meas-

8ures, including options or a range of options to

9

be undertaken by the plan sponsor or proposed10

to the bargaining parties, formulated, based on

11reasonably anticipated experience and reason-

12

able actuarial assumptions, to enable the plan13

to achieve a projected funded ratio of at least14

120 percent for the following plan year.

15‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-

16

sonable measures under a realignment program

17

described in subparagraph (A) may include any

18of the following:

19‘‘(i) Proposed contribution increases.

20‘‘(ii) A reduction in the rate of future21

benefit accruals, so long as the resulting

22

rate shall not be less than 1 percent of the23

contributions on which benefits are based24

as of the start of the plan year (or the

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1059
1equivalent standard accrual rate as de-2

scribed in section 432(e)(6)).

3‘‘(iii) A modification or elimination of4

adjustable benefits of participants that are5

not in pay status before the date of the no-6

tice required under subsection (b)(1).

7‘‘(iv) Any other legally available meas-

8

ures not specifically described in this sub-9

paragraph or subparagraph (C) or (D)10that the plan sponsor determines are rea-11

sonable.

12‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—

13

If the plan sponsor has determined that all rea-

14

sonable measures available under subparagraph

15(B) will not enable the plan to achieve a pro-16

jected funded ratio of at least 120 percent the17

following plan year, such reasonable measures

18

may also include—

19‘‘(i) a reduction of accrued benefits

20

that are not in pay status by the date of

21

the

22

(b)(1), or

noticerequiredundersubsection

23‘‘(ii) a reduction of any benefits of

24participants that are in pay status before

25

the date of the notice required under sub-

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1060
1

section (b)(1) other than core benefits as

2

defined in paragraph (4).

3‘‘(D) ADDITIONAL REDUCTIONS.—In the4case of a composite plan for which the plan5

sponsor has determined that all reasonable6

measures available under subparagraphs (B)7

and (C) will not enable the plan to achieve a8

projected funded ratio of at least 120 percent

9

for the following plan year, such reasonable10

measures may also include—

11‘‘(i) a further reduction in the rate of

12

future benefit accruals without regard to13

the limitation applicable under subpara-

14

graph (B)(ii), or15‘‘(ii) a reduction of core benefits,

16

provided that such reductions shall be equitably

17

distributed across the participant and bene-

18

ficiary population, taking into account factors,

19

with respect to participants and beneficiaries

20

and their benefits, that may include one or21

more of the factors listed in subclauses (I)22through (X) of section 432(e)(9)(D)(vi), to the23

extent necessary to enable the plan to achieve24

a projected funded ratio of at least 120 percent

25

for the following plan year, or at the election of

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1061
1

the plan sponsor, a projected funded ratio of at2

least 100 percent for the following plan year3

and a current funded ratio of at least 90 per-

4

cent.

5

‘‘(3) ADJUSTABLE

BENEFIT

DEFINED.—For

6

purposes of this subpart, the term ‘adjustable ben-

7

efit’ means—

8‘‘(A) benefits, rights, and features under9

the plan, including post-retirement death bene-

10

fits, 60-month guarantees, disability benefits

11

not yet in pay status, and similar benefits,

12‘‘(B) any early retirement benefit or retire-13

ment-type subsidy (within the meaning of sec-

14

tion 411(d)(6)(B)(i)) and any benefit payment

15

option (other than the qualified joint and sur-

16

vivor annuity), and17‘‘(C) benefit increases that were adopted

18(or, if later, took effect) less than 60 months

19

before the first day such realignment program

20

took effect.

21‘‘(4) CORE BENEFIT DEFINED.—For purposes

22of this subpart, the term ‘core benefit’ means a par-23

ticipant’s accrued benefit payable in the normal form

24

of an annuity commencing at normal retirement age,25

determined without regard to—

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1062
1‘‘(A) any early retirement benefits, retire-2

ment-type subsidies, or other benefits, rights, or3features that may be associated with that ben-4efit, and5‘‘(B) any cost-of-living adjustments or ben-6

efit increases effective after the date of retire-

7

ment.

8

‘‘(5) COORDINATION WITH CONTRIBUTION IN-

9CREASES.—

10‘‘(A) IN GENERAL.—A realignment pro-

11

gram may provide that some or all of the ben-12

efit modifications described in the program will

13

only take effect if the bargaining parties fail to

14

agree to specified levels of increases in contribu-

15

tions to the plan, effective as of specified dates.

16‘‘(B) INDEPENDENT BENEFIT MODIFICA-

17

TIONS.—If a realignment program adopts any

18changes to the benefit formula that are inde-

19

pendent of potential contribution increases,

20

such changes shall take effect not later than21

180 days following the first day of the first22

plan year that begins following the adoption of23

the realignment program.

24‘‘(C) CONDITIONAL

25

BENEFIT

MODIFICA-TIONS.—If a realignment program adopts any

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1changes to the benefit formula that take effect2

only if the bargaining parties fail to agree to3contribution increases, such changes shall take4

effect not later than the first day of the first5plan year beginning after the third anniversary

6of the date of adoption of the realignment pro-

7

gram.

8

‘‘(D) REVOCATION OF CERTAIN BENEFIT

9

MODIFICATIONS.—Benefit

10

scribed in paragraph (3) may be revoked, in

11

whole or in part, and retroactively or prospec-12

tively, when contributions to the plan are in-13

creased, as specified in the realignment pro-

14

gram, including any amendments thereto. The

15

preceding sentence shall not apply unless the16

contribution increases are to be effective not17

later than the fifth anniversary of the first day

18of the first plan year that begins after the19

adoption of the realignment program.

20

modifications

de-‘‘(b) NOTICE.—

21‘‘(1) IN GENERAL.—In any case in which it is22

certified under section 438(a) that the projected23

funded ratio is less than 120 percent, the plan spon-24

sor shall, not later than 30 days after the date of25

the certification, provide notification of the current

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1064
1

and projected funded ratios to the participants and2

beneficiaries, the bargaining parties, and the Sec-3

retary. Such notice shall include—

4‘‘(A) an explanation that contribution rate5

increases or benefit reductions may be nec-

6

essary,7‘‘(B) a description of the types of benefits

8that might be reduced, and9‘‘(C) an estimate of the contribution in-

10

creases and benefit reductions that may be nec-

11

essary to achieve a projected funded ratio of

12

120 percent.

13‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.—

14‘‘(A) IN GENERAL.—No modifications may

15

be made that reduce the rate of future benefit

16

accrual or that reduce core benefits or adjust-17

able benefits unless notice of such reduction has

18

been given at least 180 days before the general19

effective date of such reduction for all partici-

20

pants and beneficiaries to—

21

‘‘(i)

22

ficiaries,

plan

participants

and

bene-

23

‘‘(ii) each employer who has an obliga-

24

tion to contribute to the composite plan,

25

and

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1065
1‘‘(iii)each

employeeorganization2

which, for purposes of collective bar-

3

gaining, represents plan participants em-

4ployed by such employers.

5‘‘(B) CONTENT OF NOTICE.—The notice6

under subparagraph (A) shall contain—7‘‘(i) sufficient information to enable

8

participants and beneficiaries to under-

9

stand the effect of any reduction on their10

benefits, including an illustration of any

11

affected benefit or subsidy, on an annual

12

or monthly basis that a participant or ben-13

eficiary would otherwise have been eligible

14

for as of the general effective date de-15

scribed in subparagraph (A), and16‘‘(ii) information as to the rights and17

remedies of plan participants and bene-

18

ficiaries as well as how to contact the De-

19partment of Labor for further information

20

and assistance, where appropriate.

21‘‘(C) FORM

22

MANNER.—AnyAND

noticeunder subparagraph (A)—23‘‘(i) shall be provided in a form and24manner prescribed in regulations of the25

Secretary of Labor,

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1066
1‘‘(ii) shall be written in a manner so2

as to be understood by the average plan3

participant.

4‘‘(3) MODEL NOTICES.—The Secretary shall—

5‘‘(A) prescribe model notices that the plan6

sponsor of a composite plan may use to satisfy

7

the notice requirements under this subsection,

8

and

9

‘‘(B) by regulation enumerate any details

10

related to the elements listed in paragraph (1)11that any notice under this subsection must in-

12

clude.

13‘‘(4) DELIVERY METHOD.—Any notice under

14

this part shall be provided in writing and may also15

be provided in electronic form to the extent that the16form is reasonably accessible to persons to whom the17

notice is provided.

18‘‘SEC. 440. LIMITATION ON INCREASING BENEFITS.

19‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except

20 as provided in subsections (c), (d), and (e), no plan
21 amendment increasing benefits or establishing new bene22 fits under a composite plan may be adopted for a plan
23 year unless—

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10671‘‘(1) the plan’s current funded ratio is at least2

110 percent (without regard to the benefit increase3

or new benefits),

4‘‘(2) taking the benefit increase or new benefits

5

into account, the current funded ratio is at least 100

6percent and the projected funded ratio for the cur-7

rent plan year is at least 120 percent,8‘‘(3) in any case in which, after taking the ben-9efit increase or new benefits into account, the cur-10rent funded ratio is less than 140 percent or the

11

projected funded ratio is less than 140 percent, the12benefit increase or new benefits are projected by the13plan actuary to increase the present value of the

14plan’s liabilities for the plan year by not more than15

3 percent, and16‘‘(4) expected contributions for the current plan

17

year are at least 120 percent of normal cost for the18plan year, determined using the unit credit funding

19

method and treating the benefit increase or new ben-20

efits as in effect for the entire plan year.

21‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE

22 BENEFITS REDUCED.—If a plan has been amended to re23 duce core benefits pursuant to a realignment program
24 under section 439(a)(2)(D), such plan may not be subse-

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1068
1 quently amended to increase core benefits unless the2 amendment—
3‘‘(1) increases the level of future benefit pay-4

ments only, and5‘‘(2) provides for an equitable distribution of6

benefit increases across the participant and bene-

7

ficiary population, taking into account the extent to8which the benefits of participants were previously re-9

duced pursuant to such realignment program.

10‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE

11 LAW.—Subsection (a) shall not apply in connection with
12 a plan amendment if the amendment is required as a con13 dition of qualification under part I of subchapter D of
14 chapter 1 or to comply with other applicable law.
15‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE

16 LIMIT APPLIES.—Subsection (a) shall not apply in con17 nection with a plan amendment if and to the extent that18 contributions to the composite plan would not be deduct19 ible for the plan year under section 404(a)(1)(E) if the
20 plan amendment is not adopted. The Secretary of the
21 Treasury shall issue regulations to implement this para22 graph.
23‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA-

24

TIONS.—Subsection (a) shall not apply in connection with

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1069
1 a plan amendment under section 439(a)(5)(C), regarding
2 conditional benefit modifications.
3‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur-4 poses of this section—
5‘‘(1) if two or more plan amendments increas-

6

ing benefits or establishing new benefits are adopted

7

in a plan year, such amendments shall be treated as

8a single amendment adopted on the last day of the

9plan year,10‘‘(2) all benefit increases and new benefits

11

adopted in a single amendment are treated as a sin-

12

gle benefit increase, irrespective of whether the in-13

creases and new benefits take effect in more than14

one plan year, and15‘‘(3) increases in contributions or decreases in

16plan liabilities which are scheduled to take effect in17

future plan years may be taken into account in con-18

nection with a plan amendment if they have been

19

agreed to in writing or otherwise formalized by the20date the plan amendment is adopted.

21‘‘SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRE-

22

SERVE LEGACY PLAN FUNDING.

23‘‘(a) TREATMENT AS A LEGACY PLAN.—

24‘‘(1) IN GENERAL.—For purposes of this sub-25

chapter, a defined benefit plan shall be treated as a

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1070
1

legacy plan with respect to the composite plan under2

which the employees who were eligible to accrue a3

benefit under the defined benefit plan become eligi-

4

ble to accrue a benefit under such composite plan.

5‘‘(2) COMPONENTPLANS.—In

any case in6

which a defined benefit plan is amended to add a

7composite plan component pursuant to section

8437(b), paragraph (1) shall be applied by sub-9

stituting ‘defined benefit component’ for ‘defined10

benefit plan’ and ‘composite plan component’ for11‘composite plan’.

12‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For13

purposes of paragraph (1), an employee is consid-

14

ered eligible to accrue a benefit under a composite

15

plan as of the first day in which the employee com-16

pletes an hour of service under a collective bar-

17

gaining agreement that provides for contributions to18

and accruals under the composite plan in lieu of ac-

19

cruals under the legacy plan.

20‘‘(4) COLLECTIVE BARGAINING AGREEMENT.—

21

As used in this subpart, the term ‘collective bar-

22

gaining agreement’ includes any agreement under

23

which an employer has an obligation to contribute to24

a plan.

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1071
1‘‘(5) OTHER TERMS.—Any term used in this2

subpart which is not defined in this part and which3

is also used in section 432 shall have the same4

meaning provided such term in such section.

5‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE

6 PLAN OF AGREEMENTS AND CONTRIBUTIONS.—
7‘‘(1) IN GENERAL.—The plan sponsor of a com-8

posite plan shall not accept or recognize a collective

9

bargaining agreement (or any modification to such

10

agreement), and no contributions may be accepted11

and no benefits may be accrued or otherwise earned

12

under the agreement—

13‘‘(A) in any case in which the plan actuary

14

of any defined benefit plan that would be treat-15

ed as a legacy plan with respect to such com-16

posite17432(b)(3) that such defined benefit plan is or18

will be in critical status for the plan year in19

which such agreement would take effect or for20

any of the succeeding 5 plan years, and

plan

has

certifiedunder

section21‘‘(B) unless the agreement requires each22

employer who is a party to such agreement, in-23

cluding employers whose employees are not par-24

ticipants in the legacy plan, to provide contribu-

25

tions to the legacy plan with respect to such

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1

composite plan in a manner that satisfies the2transition contribution requirements of sub-3

section (d).

4‘‘(2) NOTICE.—Not later than 30 days after a5determination by a plan sponsor of a composite plan

6

that an agreement fails to satisfy the requirements

7

described in paragraph (1), the plan sponsor shall8

provide notification of such failure and the reasons

9for such determination to—10‘‘(A) the parties to the agreement,

11‘‘(B) active participants of the composite

12plan who have ceased to accrue or otherwise

13

earn benefits with respect to service with an

14

employer pursuant to paragraph (1), and15‘‘(C) the Secretary of Labor, the Secretary

16of the Treasury, and the Pension Benefit Guar-

17

anty Corporation.

18‘‘(3) LIMITATION ON RETROACTIVE EFFECT.—

19

This subsection shall not apply to benefits accrued

20

before the date on which notice is provided under21

paragraph (2).

22‘‘(c) RESTRICTIONON

ACCRUALOF

BENEFITS

23 UNDER A COMPOSITE PLAN.—
24‘‘(1) IN GENERAL.—In any case in which an

25

employer, under a collective bargaining agreement

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1073
1

entered into after the date of enactment of the Giv-

2

ing Retirement Options to Workers Act of 2020,

3

ceases to have an obligation to contribute to a multi-

4

employer defined benefit plan, no employees em-

5ployed by the employer may accrue or otherwise earn6benefits under any composite plan, with respect to7

service with that employer, for a 60-month period

8

beginning on the date on which the employer entered9

into such collective bargaining agreement.

10‘‘(2) NOTICE OF CESSATION OF OBLIGATION.—

11

Within 30 days of determining that an employer has

12ceased to have an obligation to contribute to a leg-13

acy plan with respect to employees employed by an

14

employer that is or will be contributing to a com-15

posite plan with respect to service of such employees,

16

the plan sponsor of the legacy plan shall notify the17plan sponsor of the composite plan of that cessation.

18‘‘(3) NOTICE OF CESSATION OF ACCRUALS.—19

Not later than 30 days after determining that an

20

employer has ceased to have an obligation to con-21

tribute to a legacy plan, the plan sponsor of the22composite plan shall notify the bargaining parties,

23

the active participants affected by the cessation of

24

accruals, the Secretary, the Secretary of Labor, and25

the Pension Benefit Guaranty Corporation of the

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1074
1

cessation of accruals, the period during which such2

cessation is in effect, and the reasons therefor.

3‘‘(4) LIMITATION ON RETROACTIVE EFFECT.—

4This subsection shall not apply to benefits accrued

5

before the date on which notice is provided under6

paragraph (3).

7‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.—

8‘‘(1) IN

GENERAL.—A

collective bargaining

9agreement satisfies the transition contribution re-

10quirements of this subsection if the agreement—

11‘‘(A) authorizes for payment of contribu-

12

tions to a legacy plan at a rate or rates equal

13

to or greater than the transition contribution

14

rate established under paragraph (2), and

15‘‘(B) does not provide for—16‘‘(i) a suspension of contributions to

17

the legacy plan with respect to any period18

of service, or19‘‘(ii) any new direct or indirect exclu-

20

sion of younger or newly hired employees

21of the employer from being taken into ac-

22

count in determining contributions owed to23

the legacy plan.

24‘‘(2) TRANSITION CONTRIBUTION RATE.—

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1075
1‘‘(A) IN GENERAL.—The transition con-2

tribution rate for a plan year is the contribution

3

rate that, as certified by the actuary of the leg-4

acy plan in accordance with the principles in

5section 432(b)(3)(B), is reasonably expected to6

be adequate—

7‘‘(i) to fund the normal cost for the8plan year,

9‘‘(ii) to amortize the plan’s unfunded10

liabilities in level annual installments over11

25 years, beginning with the plan year in12

which the transition contribution rate is

13

first established, and14‘‘(iii) to amortize any subsequent

15

changes in the legacy plan’s unfunded li-

16ability due to experience gains or losses

17(including investment gains or losses, gains

18

or losses due to contributions greater or

19less than the contributions made under the

20prior transition contribution rate, and21

other actuarial gains or losses), changes in

22

actuarial assumptions, changes to the leg-23

acy plan’s benefits, or changes in funding

24

method over a period of 15 plan years be-

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1076
1

ginning with the plan year in which such2change in unfunded liability is incurred.

3

The transition contribution rate for any plan

4

year may not be less than the transition con-5

tribution rate for the plan year in which such6

rate is first established.

7‘‘(B) MULTIPLE RATES.—If different rates

8

of contribution are payable to the legacy plan9by different employers or for different classes of

10

employees, the certification shall specify a tran-

11

sition contribution rate for each such employer.

12‘‘(C) RATE APPLICABLE TO EMPLOYER.—

13‘‘(i) IN

GENERAL.—Except

as pro-14

vided by clause (ii), the transition con-15

tribution rate applicable to an employer for16

a plan year is the rate in effect for the17plan year of the legacy plan that com-18

mences on or after 180 days before the19earlier of—20‘‘(I) the effective date of the col-21

lective bargaining agreement pursuant

22

to which the employer contributes to23

the legacy plan, or24‘‘(II) 5 years after the last plan

25

year for which the transition contribu-

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1077
1tion rate applicable to the employer2

was established or updated.

3‘‘(ii)

EXCEPTION.—Thetransition

4

contribution rate applicable to an employer

5

for the first plan year beginning on or

6

after the commencement of the employer’s

7

obligation to contribute to the composite

8plan is the rate in effect for the plan year

9of the legacy plan that commences on or

10

after 180 days before such first plan year.

11‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL

12CIRCUMSTANCES.—If

13

legacy plan has certified under section 432 that14

the plan is in endangered or critical status for15

a plan year, the transition contribution rate for16

the following plan year is the rate determined

17

with respect to the employer under the legacy

18

plan’s funding improvement or rehabilitation

19

plan under section 432, if greater than the rate

20

otherwise determined, but in no event greater

21

than 75 percent of the sum of the contribution

22

rates applicable to the legacy plan and the com-23

posite plan for the plan year.

the plan actuary of the24‘‘(E) OTHER

25

AND METHODS.—Except

ACTUARIALASSUMPTIONS

as provided in sub-

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1078
1

paragraph (A), the determination of the transi-

2tion contribution rate for a plan year shall be3

based on actuarial assumptions and methods

4

consistent with the minimum funding deter-

5minations made under section 431 (or, if appli-

6

cable, section 432) with respect to the legacy

7

plan for the plan year.

8‘‘(F) ADJUSTMENTS IN RATE.—The plan9

sponsor of a legacy plan from time to time may

10

adjust the transition contribution rate or rates

11

applicable to an employer under this paragraph

12by increasing some rates and decreasing others

13

if the actuary certifies that such adjusted rates

14

in combination will produce projected contribu-

15

tion income for the plan year beginning on or

16

after the date of certification that is not less17

than would be produced by the transition con-18

tribution rates in effect at the time of the cer-

19tification.

20‘‘(G) NOTICE OF TRANSITION CONTRIBU-

21

TION RATE.—The plan sponsor of a legacy plan

22

shall provide notice to the parties to collective

23

bargaining agreements pursuant to which con-24

tributions are made to the legacy plan of25changes to the transition contribution rate re-

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1079
1quirements at least 30 days before the begin-2

ning of the plan year for which the rate is effec-

3

tive.

4

‘‘(H) NOTICE TO COMPOSITE PLAN SPON-

5

SOR.—Not

6

mination by the plan sponsor of a legacy plan

7

that a collective bargaining agreement provides

8

for a rate of contributions that is below the9transition contribution rate applicable to one or10

more employers that are parties to the collective

11

bargaining agreement, the plan sponsor of the

12legacy plan shall notify the plan sponsor of any

13composite plan under which employees of such

14

employer would otherwise be eligible to accrue

15

a benefit.

16‘‘(3) CORRECTION PROCEDURES.—Pursuant to17

standards prescribed by the Secretary of Labor, the18plan sponsor of a composite plan shall adopt rules

19

and procedures that give the parties to the collective

20

bargaining agreement notice of the failure of such21

agreement to satisfy the transition contribution re-22

quirements of this subsection, and a reasonable op-23

portunity to correct such failure, not to exceed 180

24days from the date of notice given under subsection

25(b)(2).

later than 30 days after a deter-

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1‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col-2

lective bargaining agreement may provide for supple-

3

mental contributions to the legacy plan for a plan

4

year in excess of the transition contribution rate de-5termined under paragraph (2), regardless of whether

6

the legacy plan is in endangered or critical status for7

such plan year.

8‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RE-

9

STRICTIONS.—

10‘‘(1) IN

GENERAL.—Theprovisions of sub-11

sections (a), (b), and (c) shall not apply with respect

12

to a collective bargaining agreement, to the extent

13

the agreement, or a predecessor agreement, provides

14or provided for contributions to a defined benefit

15

plan that is a legacy plan, as of the first day of the16

first plan year following a plan year for which the17plan actuary certifies that the plan is fully funded,18

has been fully funded for at least three out of the19

immediately preceding 5 plan years, and is projected20

to remain fully funded for at least the following 4

21

plan years.

22‘‘(2) DETERMINATION OF FULLY FUNDED.—A

23

plan is fully funded for purposes of paragraph (1)24if, as of the valuation date of the plan for a plan25

year, the value of the plan’s assets equals or exceeds

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1081
1

the present value of the plan’s liabilities, determined2

in accordance with the rules prescribed by the Pen-3sion Benefit Guaranty Corporation under sections

44219(c)(1)(D) and 4281 of Employee Retirement

5

Income and Security Act for multiemployer plans

6

terminating by mass withdrawal, as in effect for the7date of the determination, except the plan’s reason-

8

able assumption regarding the starting date of bene-

9fits may be used.

10‘‘(3) OTHER APPLICABLE RULES.—Except as

11

provided in paragraph (2), actuarial determinations

12and projections under this section shall be based on

13

the rules in section 432(b)(3) and section 438(b).

14‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF COM-

15

POSITE PLANS.

16‘‘(a) IN GENERAL.—Assets and liabilities of a com-

17 posite plan may only be merged with, or transferred to,
18 another plan if—
19‘‘(1) the other plan is a composite plan,20‘‘(2) the plan or plans resulting from the merg-

21

er or transfer is a composite plan,22‘‘(3) no participant’s accrued benefit or adjust-23

able benefit is lower immediately after the trans-

24

action than it was immediately before the trans-25

action, and

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1‘‘(4) the value of the assets transferred in the2case of a transfer reasonably reflects the value of the3amounts contributed with respect to the participants

4

whose benefits are being transferred, adjusted for al-5locable distributions, investment gains and losses,

6

and administrative expenses.

7‘‘(b) LEGACY PLAN.—

8‘‘(1) IN GENERAL.—After a merger or transfer

9involving a composite plan, the legacy plan with re-10spect to an employer that is obligated to contribute11

to the resulting composite plan is the legacy plan

12that applied to that employer immediately before the13merger or transfer.

14‘‘(2) MULTIPLE

LEGACY PLANS.—If

an em-

15

ployer is obligated to contribute to more than one

16

legacy plan with respect to employees eligible to ac-

17

crue benefits under more than one composite plan18

and there is a merger or transfer of such legacy

19plans, the transition contribution rate applicable to20

the legacy plan resulting from the merger or trans-

21

fer with respect to that employer shall be determined

22

in

23

440A(d)(2)(B).’’.

accordance

with

the

provisionsofsection24(2) CLERICAL AMENDMENT.—The table of sub-25

parts for part III of subchapter D of chapter 1 of

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1083
1

the Internal Revenue Code of 1986 is amended by2

adding at the end the following new item:‘‘SUBPART C. COMPOSITE PLANS AND LEGACY PLANS’’.

3(c) EFFECTIVE DATE.—The amendments made by

4 this section shall apply to plan years beginning after the
5 date of the enactment of this Act.
6

SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO

7

COMPOSITE PLANS.

8(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT

9 INCOME SECURITY ACT OF 1974.—
10(1) TREATMENT FOR PURPOSES OF FUNDING

11

NOTICES.—Section

12

ment Income Security Act of 1974 (29 U.S.C.

13

1021(f)) is amended—

101(f) of the Employee Retire-

14(A) in paragraph (1) by striking ‘‘title IV

15

applies’’ and inserting ‘‘title IV applies or which16

is a composite plan’’; and17(B) by adding at the end the following:

18‘‘(5) APPLICATION TO COMPOSITE PLANS.—The

19

provisions of this subsection shall apply to a com-20

posite plan only to the extent prescribed by the Sec-21

retary in regulations that take into account the dif-22

ferences between a composite plan and a defined23

benefit plan that is a multiemployer plan.’’.

24(2) TREATMENT FOR PURPOSES OF ANNUAL

25

REPORT.—Section 103 of the Employee Retirement

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1

Income Security Act of 1974 (29 U.S.C. 1023) is

2amended—3(A) in subsection (d) by adding at the end

4

the following sentence: ‘‘The provisions of this5subsection shall apply to a composite plan only6

to the extent prescribed by the Secretary in reg-

7

ulations that take into account the differences8

between a composite plan and a defined benefit

9plan that is a multiemployer plan.’’;10(B) in subsection (f) by adding at the end

11

the following:

12‘‘(3) ADDITIONAL

13

POSITE

14

plan—

PLANS.—With

INFORMATION

FOR

COM-

respect to any composite

15‘‘(A) the provisions of paragraph (1)(A)16

shall apply by substituting ‘current funded ratio

17

and projected funded ratio (as such terms are18

defined in section 802(a)(2))’ for ‘funded per-19

centage’ each place it appears; and20‘‘(B) the provisions of paragraph (2) shall21

apply only to the extent prescribed by the Sec-22

retary in regulations that take into account the23

differences between a composite plan and a de-24

fined benefit plan that is a multiemployer

25plan.’’; and

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1(C) by adding at the end the following:2‘‘(h) COMPOSITE PLANS.—A multiemployer plan that3 incorporates the features of a composite plan as provided
4 in section 801(b) shall be treated as a single plan for pur5 poses of the report required by this section, except that
6 separate financial statements and actuarial statements
7 shall be provided under paragraphs (3) and (4) of sub8 section (a) for the defined benefit plan component and for9 the composite plan component of the multiemployer
10 plan.’’.
11(3) TREATMENT FOR PURPOSES OF PENSION

12BENEFIT STATEMENTS.—Section 105(a) of the Em-

13ployee Retirement Income Security Act of 1974 (2914

U.S.C. 1025(a)) is amended by adding at the end

15

the following:

16‘‘(4) COMPOSITE PLANS.—For purposes of this17

subsection, a composite plan shall be treated as a18

defined benefit plan to the extent prescribed by the19

Secretary in regulations that take into account the20

differences between a composite plan and a defined21

benefit plan that is a multiemployer plan.’’.

22(b) AMENDMENTS

TO THE

INTERNAL REVENUE

23 CODE OF 1986.—Section 6058 of the Internal Revenue
24 Code of 1986 is amended by redesignating subsection (f)

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1 as subsection (g) and by inserting after subsection (e) the
2 following:
3‘‘(f) COMPOSITE PLANS.—A multiemployer plan that

4 incorporates the features of a composite plan as provided
5 in section 437(b) shall be treated as a single plan for pur6 poses of the return required by this section, except that
7 separate financial statements shall be provided for the de8 fined benefit plan component and for the composite plan
9 component of the multiemployer plan.’’.
10(c) EFFECTIVE DATE.—The amendments made by

11 this section shall apply to plan years beginning after the
12 date of the enactment of this Act.
13

SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE

14

IV.

15

(a) DEFINITION.—Section 4001(a) of the Employee

16 Retirement Income Security Act of 1974 (29 U.S.C.
17 1301(a)) is amended by striking the period at the end of
18 paragraph (21) and inserting a semicolon and by adding
19 at the end the following:
20‘‘(22) COMPOSITE PLAN.—The term ‘composite

21

plan’ has the meaning set forth in section 801.’’.

22(b) COMPOSITE PLANS DISREGARDED FOR CALCU-

23

LATINGPREMIUMS.—Section 4006(a) of such Act (2924 U.S.C. 1306(a)) is amended by adding at the end the fol25 lowing:

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1‘‘(9) The composite plan component of a multi-

2

employer plan shall be disregarded in determining

3

the premiums due under this section from the multi-

4

employer plan.’’.

5(c) COMPOSITE PLANS NOT COVERED.—Section

6 4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amend7 ed by striking ‘‘Act’’ and inserting ‘‘Act, or a composite
8 plan, as defined in paragraph (43) of section 3 of this
9 Act’’.
10(d) NO WITHDRAWAL LIABILITY.—Section 4201 of

11 such Act (29 U.S.C. 1381) is amended by adding at the
12 end the following:
13‘‘(c) Contributions by an employer to the composite

14 plan component of a multiemployer plan shall not be taken
15 into account for any purpose under this title.’’.
16(e) NO WITHDRAWAL LIABILITYFOR

CERTAIN

17 PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is
18 further amended by adding at the end the following:
19‘‘(d) Contributions by an employer to a multiem-

20 ployer plan described in the except clause of section 3(35)21 of this Act pursuant to a collective bargaining agreement
22 that specifically designates that such contributions shall
23 be allocated to the separate defined contribution accounts
24 of participants under the plan shall not be taken into ac25 count with respect to the defined benefit portion of the

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1088
1 plan for any purpose under this title (including the deter2 mination of the employer’s highest contribution rate under3 section 4219), even if, under the terms of the plan, partici4 pants have the option to transfer assets in their separate
5 defined contribution accounts to the defined benefit por6 tion of the plan in return for service credit under the de7 fined benefit portion, at rates established by the plan
8 sponsor.
9‘‘(e) A legacy plan created under section 805 shall

10 be deemed to have no unfunded vested benefits for pur11 poses of this part, for each plan year following a period
12 of 5 consecutive plan years for which—13‘‘(1) the plan was fully funded within the mean-

14

ing of section 805 for at least 3 of the plan years

15

during that period, ending with a plan year for

16

which the plan is fully funded;17‘‘(2) the plan had no unfunded vested benefits

18

for at least 3 of the plan years during that period,

19

ending with a plan year for which the plan is fully

20

funded; and21‘‘(3) the plan is projected to be fully funded22

and to have no unfunded vested benefits for the fol-23

lowing four plan years.’’.

24(f) NO WITHDRAWAL LIABILITY FOR EMPLOYERS

25 CONTRIBUTING TO CERTAIN FULLY FUNDED LEGACY

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1089
1 PLANS.—Section 4211 of such Act (29 U.S.C. 1382) is
2 amended by adding at the end the following:
3‘‘(g) No amount of unfunded vested benefits shall be

4 allocated to an employer that has an obligation to con5 tribute to a legacy plan described in subsection (e) of sec6 tion 4201 for each plan year for which such subsection
7 applies.’’.
8(g) NO OBLIGATION TO CONTRIBUTE.—Section

9 4212 of such Act (29 U.S.C. 1392) is amended by adding
10 at the end the following:
11‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An em-

12 ployer shall not be treated as having an obligation to con13 tribute to a multiemployer defined benefit plan within the
14 meaning of subsection (a) solely because—
15‘‘(1) in the case of a multiemployer plan that16

includes a composite plan component, the employer

17

has an obligation to contribute to the composite plan18

component of the plan;

19‘‘(2) the employer has an obligation to con-20

tribute to a composite plan that is maintained pur-21

suant to one or more collective bargaining agree-

22

ments under which the multiemployer defined ben-23

efit plan is or previously was maintained; or24‘‘(3) the employer contributes or has contrib-

25

uted under section 805(d) to a legacy plan associ-

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1

ated with a composite plan pursuant to a collective

2

bargaining agreement but employees of that em-

3ployer were not eligible to accrue benefits under the4

legacy plan with respect to service with that em-

5ployer.’’.

6(h) NO INFERENCE.—Nothing in the amendment

7 made by subsection (e) shall be construed to create an in8 ference with respect to the treatment under title IV of the
9 Employee Retirement Income Security Act of 1974, as in
10 effect before such amendment, of contributions by an em11 ployer to a multiemployer plan described in the except
12 clause of section 3(35) of such Act that are made before
13 the effective date of subsection (e) specified in subsection
14 (h)(2).
15(i) EFFECTIVE DATE.—

16(1) IN GENERAL.—Except as provided in sub-17

paragraph (2), the amendments made by this section

18

shall apply to plan years beginning after the date of19

the enactment of this Act.

20(2) SPECIAL RULE FOR SECTION 414(k) MULTI-21

EMPLOYER PLANS.—The amendment made by sub-22

section (e) shall apply only to required contributions

23

payable for plan years beginning after the date of24

the enactment of this Act.

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1091
1

SEC. 105. CONFORMING CHANGES.

2(a) DEFINITIONS.—Section 3 of the Employee Re-

3 tirement Income Security Act of 1974 (29 U.S.C. 1002)
4 is amended—
5(1) in paragraph (35), by inserting ‘‘or a com-6

posite plan’’ after ‘‘other than an individual account

7

plan’’; and8(2) by adding at the end the following:

9‘‘(43) The term ‘composite plan’ has the mean-

10

ing given the term in section 801(a).’’.

11(b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY

12 PLANS.—
13(1) AMENDMENT TO EMPLOYEE RETIREMENT

14

INCOME SECURITY ACT OF 1974.—Section 304(b) of15

the Employee Retirement Income Security Act of

161974 (29 U.S.C. 1084(b)) is amended by adding at

17

the end the following:

18‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN

19

LEGACY PLANS.—In the case of a multiemployer de-20

fined benefit plan that has adopted an amendment

21

under section 801(b), in accordance with which no22

further benefits shall accrue under the multiem-

23

ployer defined benefit plan, the plan sponsor may

24

combine the outstanding balance of all charge and25

credit bases and amortize that combined base in26

level annual installments (until fully amortized) over

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1

a period of 25 plan years beginning with the plan2

year following the date all benefit accruals ceased.’’.

3(2) AMENDMENT TO INTERNAL REVENUE CODE4

OF 1986.—Section

5

Code of 1986 is amended by adding at the end the6following:

431(b) of the Internal Revenue

7‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN

8LEGACY PLANS.—In the case of a multiemployer de-9

fined benefit plan that has adopted an amendment

10

under section 437(b), in accordance with which no11

further benefits shall accrue under the multiem-

12ployer defined benefit plan, the plan sponsor may

13

combine the outstanding balance of all charge and14

credit bases and amortize that combined base in15

level annual installments (until fully amortized) over16

a period of 25 plan years beginning with the plan

17

year following the date on which all benefit accruals

18ceased.’’.

19(c) BENEFITS AFTER MERGER, CONSOLIDATION, OR

20 TRANSFER OF ASSETS.—
21(1) AMENDMENT TO EMPLOYEE RETIREMENT

22

INCOME SECURITY ACT OF 1974.—Section 208 of the23

Employee Retirement Income Security Act of 1974

24

(29 U.S.C. 1058) is amended—

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1(A) by striking so much of the first sen-2

tence as precedes ‘‘may not merge’’ and insert-

3

ing the following:

4‘‘(1) IN GENERAL.—Except as provided in para-

5graph (2), a pension plan may not merge, and’’; and6(B) by striking the second sentence and7adding at the end the following:

8‘‘(2) SPECIAL REQUIREMENTS FOR MULTIEM-

9PLOYER PLANS.—Paragraph (1) shall not apply to10

any transaction to the extent that participants either

11

before or after the transaction are covered under a12multiemployer plan to which title IV of this Act ap-

13plies or a composite plan.’’.

14(2) AMENDMENTS

15

TO

INTERNAL

REVENUE

CODE OF 1986.—

16(A) QUALIFICATION REQUIREMENT.—Sec-

17

tion 401(a)(12) of the Internal Revenue Code18

of 1986 is amended—19(i) by striking ‘‘(12) A trust’’ and in-20

serting the following:

21‘‘(12) BENEFITS AFTER MERGER, CONSOLIDA-

22

TION, OR TRANSFER OF ASSETS.—

23‘‘(A) IN GENERAL.—Except as provided in24

subparagraph (B), a trust’’;

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML

10941(ii) by striking the second sentence;

2

and

3

(iii) by adding at the end the fol-4

lowing:5‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-6EMPLOYER

7

not apply to any multiemployer plan with re-8spect to any transaction to the extent that par-9

ticipants either before or after the transaction

10

are covered under a multiemployer plan to11which title IV of the Employee Retirement In-

12

come Security Act of 1974 applies or a com-13

posite plan.’’.

PLANS.—Subparagraph(A) shall

14(B) ADDITIONAL QUALIFICATION REQUIRE-

15

MENT.—Paragraph (1) of section 414(l) of such16

Code is amended—17(i) by striking ‘‘(1) IN GENERAL’’ and18

all that follows through ‘‘shall not con-19

stitute’’ and inserting the following:

20‘‘(1) BENEFIT

21

SOLIDATION, TRANSFER.—PROTECTIONS: MERGER, CON-

22‘‘(A) IN GENERAL.—Except as provided in

23

subparagraph (B), a trust which forms a part24of a plan shall not constitute’’; and

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10951(ii) by striking the second sentence;

2

and

3

(iii) by adding at the end the fol-4

lowing:5‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-6EMPLOYER PLANS.—Subparagraph (A) does not

7

apply to any multiemployer plan with respect to8

any transaction to the extent that participants

9either before or after the transaction are cov-

10ered under a multiemployer plan to which title

11

IV of the Employee Retirement Income Secu-

12

rity Act of 1974 applies or a composite plan.’’.

13(d) REQUIREMENTS FOR STATUS AS A QUALIFIED

14 PLAN.—15(1) REQUIREMENT THAT ACTUARIAL ASSUMP-

16

TIONS BE SPECIFIED.—Section 401(a)(25) of the In-

17

ternal Revenue Code of 1986 is amended by insert-18

ing ‘‘(in the case of a composite plan, benefits objec-

19

tively calculated pursuant to a formula)’’ after ‘‘defi-

20

nitely determinable benefits’’.

21(2) MISSING PARTICIPANTS IN TERMINATING

22COMPOSITE PLAN.—Section 401(a)(34) of the Inter-23

nal Revenue Code of 1986 is amended by striking ‘‘,24

a trust’’ and inserting ‘‘or a composite plan, a25

trust’’.

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML10961(e) DEDUCTION FOR CONTRIBUTIONS TO A QUALI-

2

FIED PLAN.—Section 404(a)(1) of the Internal Revenue

3 Code of 1986 is amended by redesignating subparagraph
4 (E) as subparagraph (F) and by inserting after subpara5 graph (D) the following:
6‘‘(E) COMPOSITE PLANS.—

7‘‘(i) IN GENERAL.—In the case of a8composite plan, subparagraph (D) shall9

not apply and the maximum amount de-10

ductible for a plan year shall be the excess

11(if any) of—

12‘‘(I) 160 percent of the greater

13

of—

14

‘‘(aa) the current liability of15

the plan determined in accord-

16

ance with the principles of sec-

17

tion 431(c)(6)(D), or18‘‘(bb) the present value of

19

plan

20

under section 438, over

21‘‘(II) the fair market value of the

22plan’s assets, projected to the end of23

the plan year.

liabilities

as

determined

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1097
1‘‘(ii) SPECIAL

RULES

FOR

PREDE-

2

CESSOR MULTIEMPLOYER PLAN TO COM-

3

POSITE PLAN.—

4‘‘(I) IN

GENERAL.—Except

as5

provided in subclause (II), if an em-

6ployer contributes to a composite plan

7

with respect to its employees, con-8

tributions by that employer to a mul-

9

tiemployer defined benefit plan with

10

respect to some or all of the same

11

group of employees shall be deductible

12

under sections 162 and this section,

13

subject to the limits in subparagraph

14

(D).

15

‘‘(II)

TRANSITIONCONTRIBU-

16

TION.—The full amount of a contribu-

17

tion to satisfy the transition contribu-

18

tion requirement (as defined in sec-

19

tion 440A(d)) and allocated to the20

legacy defined benefit plan for the21plan year shall be deductible for the22

employer’s taxable year ending with or23

within the plan year.’’.

24(f) MINIMUM VESTING STANDARDS.—

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1098
1(1) YEARS2OFSERVICEUNDERCOMPOSITE

PLANS.—3(A) EMPLOYEE RETIREMENT INCOME SE-

4

CURITY ACT OF 1974.—Section 203 of the Em-

5ployee Retirement Income Security Act of 1974

6(29 U.S.C. 1053) is amended by inserting after

7

subsection (f) the following:

8‘‘(g) SPECIAL RULES FOR COMPUTING YEARS OF

9 SERVICE UNDER COMPOSITE PLANS.—
10‘‘(1) IN GENERAL.—In determining a qualified

11

employee’s years of service under a composite plan12

for purposes of this section, the employee’s years of13

service under a legacy plan shall be treated as years

14of service earned under the composite plan. For pur-15

poses of such determination, a composite plan shall16

not be treated as a defined benefit plan pursuant to17section 801(d).

18‘‘(2) QUALIFIED EMPLOYEE.—For purposes of

19this subsection, an employee is a qualified employee

20

if the employee first completes an hour of service

21

under the composite plan (determined without re-22

gard to the provisions of this subsection) within the23

12-month period immediately preceding or the 24-24month period immediately following the date the em-

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1099
1

ployee ceased to accrue benefits under the legacy

2

plan.

3

‘‘(3) CERTIFICATION OF YEARS OF SERVICE.—

4For purposes of paragraph (1), the plan sponsor of5

the composite plan shall rely on a written certifi-

6

cation by the plan sponsor of the legacy plan of the7years of service the qualified employee completed

8

under the defined benefit plan as of the date the em-

9ployee satisfies the requirements of paragraph (2),10disregarding any years of service that had been for-11

feited under the rules of the defined benefit plan be-

12fore that date.

13‘‘(h) SPECIAL RULES FOR COMPUTING YEARS OF

14 SERVICE UNDER LEGACY PLANS.—
15‘‘(1) IN GENERAL.—In determining a qualified

16

employee’s years of service under a legacy plan for

17

purposes of this section, and in addition to any serv-

18

ice under applicable regulations, the employee’s

19years of service under a composite plan shall be

20

treated as years of service earned under the legacy

21plan. For purposes of such determination, a com-22

posite plan shall not be treated as a defined benefit

23

plan pursuant to section 801(d).

24‘‘(2) QUALIFIED EMPLOYEE.—For purposes of25

this subsection, an employee is a qualified employee

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1100
1

if the employee first completes an hour of service

2

under the composite plan (determined without re-3

gard to the provisions of this subsection) within the4

12-month period immediately preceding or the 24-

5month period immediately following the date the em-

6ployee ceased to accrue benefits under the legacy

7

plan.

8

‘‘(3) CERTIFICATION OF YEARS OF SERVICE.—

9For purposes of paragraph (1), the plan sponsor of10

the legacy plan shall rely on a written certification11

by the plan sponsor of the composite plan of the12years of service the qualified employee completed

13

under the composite plan after the employee satisfies

14

the requirements of paragraph (2), disregarding any

15years of service that has been forfeited under the16

rules of the composite plan.’’.

17(B) INTERNAL REVENUE CODE OF 1986.—

18

Section 411(a) of the Internal Revenue Code of191986 is amended by adding at the end the fol-20

lowing:21‘‘(14)

22

SPECIAL

RULES

FOR

DETERMININGYEARS OF SERVICE UNDER COMPOSITE PLANS.—

23‘‘(A) IN

GENERAL.—In

determining a

24

qualified employee’s years of service under a25

composite plan for purposes of this subsection,

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1101
1

the employee’s years of service under a legacy

2plan shall be treated as years of service earned

3

under the composite plan. For purposes of such4

determination, a composite plan shall not be5treated as a defined benefit plan pursuant to6section 437(d).

7‘‘(B) QUALIFIEDEMPLOYEE.—For

pur-

8

poses of this paragraph, an employee is a quali-

9fied employee if the employee first completes an

10hour of service under the composite plan (deter-

11

mined without regard to the provisions of this12

paragraph) within the 12-month period imme-

13

diately preceding or the 24-month period imme-

14

diately following the date the employee ceased15

to accrue benefits under the legacy plan.

16‘‘(C) CERTIFICATION OF YEARS OF SERV-

17

ICE.—For18

plan sponsor of the composite plan shall rely on

19

a written certification by the plan sponsor of20

the legacy plan of the years of service the quali-

21

fied employee completed under the legacy plan22

as of the date the employee satisfies the re-23

quirements of subparagraph (B), disregarding24

any years of service that had been forfeited

purposes of subparagraph (A), the

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1102
1

under the rules of the defined benefit plan be-2

fore that date.

3‘‘(15) SPECIAL RULES FOR COMPUTING YEARS

4

OF SERVICE UNDER LEGACY PLANS.—

5‘‘(A) IN

GENERAL.—In

determining a6qualified employee’s years of service under a7

legacy plan for purposes of this section, and in

8

addition to any service under applicable regula-

9

tions, the employee’s years of service under a10composite plan shall be treated as years of serv-

11

ice earned under the legacy plan. For purposes

12

of such determination, a composite plan shall13

not be treated as a defined benefit plan pursu-

14

ant to section 437(d).

15‘‘(B) QUALIFIEDEMPLOYEE.—For

pur-

16

poses of this paragraph, an employee is a quali-

17

fied employee if the employee first completes an

18hour of service under the composite plan (deter-

19

mined without regard to the provisions of this20

paragraph) within the 12-month period imme-

21

diately preceding or the 24-month period imme-

22

diately following the date the employee ceased23

to accrue benefits under the legacy plan.

24‘‘(C) CERTIFICATION OF YEARS OF SERV-

25

ICE.—For

purposes of subparagraph (A), the

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1103
1plan sponsor of the legacy plan shall rely on a2

written certification by the plan sponsor of the

3composite plan of the years of service the quali-

4

fied employee completed under the composite

5plan after the employee satisfies the require-

6

ments of subparagraph (B), disregarding any

7years of service that has been forfeited under8

the rules of the composite plan.’’.

9(2) REDUCTION OF BENEFITS.—

10(A) EMPLOYEE RETIREMENT INCOME SE-

11

CURITY ACT OF 1974.—Section 203(a)(3)(E)(ii)

12of the Employee Retirement Income Security

13

Act of 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is14

amended—

15

(i)

in

subclause(I)bystriking

16‘‘4244A’’ and inserting ‘‘305(e), 803,’’;

17

and

18

(ii) in subclause (II) by striking

19‘‘4245’’ and inserting ‘‘305(e), 4245,’’.

20(B) INTERNAL REVENUE CODE OF 1986.—

21

Section 411(a)(3)(F) of the Internal Revenue

22

Code of 1986 is amended—23(i) in clause (i) by striking ‘‘section

24

418D or under section 4281 of the Em-

25

ployee Retirement Income Security Act of

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1104
1

1974’’ and inserting ‘‘section 432(e) or

2

439 or under section 4281 of the Em-

3ployee Retirement Income Security Act of

4

1974’’; and5(ii) in clause (ii) by inserting ‘‘or6432(e)’’ after ‘‘section 418E’’.

7(3) ACCRUED BENEFIT REQUIREMENTS.—

8(A) EMPLOYEE RETIREMENT INCOME SE-

9

CURITY ACT OF 1974.—Section 204(b)(1)(B)(i)10of the Employee Retirement Income Security

11

Act of 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is12

amended by inserting ‘‘, including an amend-

13

ment reducing or suspending benefits under14

section 305(e), 803, 4245 or 4281,’’ after ‘‘any

15

amendment to the plan’’.

16(B) INTERNAL REVENUE CODE OF 1986.—

17

Section 411(b)(1)(B)(i) of the Internal Revenue

18

Code of 1986 is amended by inserting ‘‘, includ-19

ing an amendment reducing or suspending ben-20

efits under section 418E, 432(e) or 439, or

21

under section 4281 of the Employee Retirement

22

Income Security Act of 1974,’’ after ‘‘any

23

amendment to the plan’’.

24(4) ADDITIONAL ACCRUED BENEFIT REQUIRE-

25

MENTS.—

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1105
1(A) EMPLOYEE RETIREMENT INCOME SE-

2

CURITY ACT OF 1974.—Section 204(b)(1)(H)(v)

3of the Employee Retirement Income Security

4

Act of 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is5

amended by inserting before the period at the6

end the following: ‘‘, or benefits are reduced or7suspended under section 305(e), 803, 4245, or

84281’’.

9(B) INTERNAL REVENUE CODE OF 1986.—

10

Section 411(b)(1)(H)(iv) of the Internal Rev-

11

enue Code of 1986 is amended—12(i) in the heading by striking ‘‘BEN-

13

EFIT’’

14

SUSPENSION AND REDUCTION OF CERTAIN

15

BENEFITS’’; andand inserting ‘‘BENEFIT AND THE

16(ii) in the text by inserting before the17

period at the end the following: ‘‘, or bene-

18

fits are reduced or suspended under sec-

19

tion 418E, 432(e), or 439, or under sec-

20

tion 4281 of the Employee Retirement In-

21

come Security Act of 1974’’.

22(5) ACCRUED BENEFIT NOT TO BE DECREASED23

BY AMENDMENT.—

24(A) EMPLOYEE RETIREMENT INCOME SE-

25

CURITY ACT OF 1974.—Section 204(g)(1) of the

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1106
1

Employee Retirement Income Security Act of21974 (29 U.S.C. 1053(g)(1)) is amended by in-3

serting after ‘‘302(d)(2)’’ the following: ‘‘,4305(e), 803, 4245,’’.

5(B) INTERNAL REVENUE CODE OF 1986.—

6

Section 411(d)(6)(A) of the Internal Revenue

7

Code of 1986 is amended by inserting after

8‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or

9439,’’.

10(g) CERTAIN FUNDING RULES NOT APPLICABLE.—

11(1) EMPLOYEE RETIREMENT INCOME SECURITY

12ACT OF 1974.—Section 305 of the Employee Retire-13

ment Income Security Act of 1974 (29 U.S.C. 1085)

14

is amended by adding at the end the following:

15‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305

16 shall not apply to an employer that has an obligation to
17 contribute to a plan that is a legacy plan within the mean18 ing of section 805(a) solely because the employer has an
19 obligation to contribute to a composite plan described in
20 section 801 that is associated with that legacy plan.’’.
21(2) INTERNAL REVENUE CODE OF 1986.—Sec-

22

tion 432 of the Internal Revenue Code of 1986 is

23

amended by adding at the end the following:

24‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432

25 shall not apply to an employer that has an obligation to

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1107
1 contribute to a plan that is a legacy plan within the mean2 ing of section 440A(a) solely because the employer has an
3 obligation to contribute to a composite plan described in
4 section 437 that is associated with that legacy plan.’’.
5(h) TERMINATION OF COMPOSITE PLAN.—Section

6 403(d) of the Employee Retirement Income Security Act
7 of 1974 (29 U.S.C. 1103(d) is amended—
8(1) in paragraph (1), by striking ‘‘regulations

9of the Secretary.’’ and inserting ‘‘regulations of the10

Secretary, or as provided in paragraph (3).’’; and11(2) by adding at the end the following:

12‘‘(3) Section 4044(a) of this Act shall be ap-

13

plied in the case of the termination of a composite

14

plan by—

15‘‘(A) limiting the benefits subject to para-

16

graph (3) thereof to benefits as defined in sec-

17

tion 802(b)(3)(B); and18‘‘(B) including in the benefits subject to19paragraph (4) all other benefits (if any) of indi-

20

viduals under the plan that would be guaran-

21

teed under section 4022A if the plan were sub-22

ject to title IV.’’.

23
24(i) GOOD FAITH COMPLIANCE PRIOR

TO

GUID-

ANCE.—Where the implementation of any provision of law

25 added or amended by this division is subject to issuance

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1108
1 of regulations by the Secretary of Labor, the Secretary
2 of the Treasury, or the Pension Benefit Guaranty Cor3 poration, a multiemployer plan shall not be treated as fail4 ing to meet the requirements of any such provision prior
5 to the issuance of final regulations or other guidance to
6 carry out such provision if such plan is operated in accord7 ance with a reasonable, good faith interpretation of such
8 provision.
9SEC. 106. EFFECTIVE DATE.

10

Unless otherwise specified, the amendments made by

11 this division shall apply to plan years beginning after the
12 date of the enactment of this Act.
13

DIVISION W—OTHER MATTERS

14

SEC. 199991. HOME ENERGY AND WATER SERVICE CON-

15

TINUITY.

16

Any entity receiving financial assistance pursuant to

17 øthis Act¿ shall, to the maximum extent practicable, es18 tablish or maintain in effect policies to ensure that no
19 home energy service or public water system service to an
20 individual or household, which is provided or regulated by
21 such entity, is disconnected or interrupted during the
22 emergency period described in section 1135(g)(1)(B) of
23 the Social Security Act. For purposes of this section, the24 term ‘‘home energy service’’ means a service to provide
25 home energy, as such term is defined in section 2604 of

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H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML1109
1 the Low-Income Home Energy Assistance Act of 1981,
2 and electric service, as that term is used in the Public
3 Utility Regulatory Policies Act of 1978, and the term
4 ‘‘public water system’’ has the meaning given that term
5 in section 1401 of the Safe Drinking Water Act. Nothing
6 in this section shall be construed to require forgiveness7 of outstanding debt owed to an entity or to absolve an
8 individual of any obligation to an entity for service.
9

SEC. 199992. LOW-INCOME HOUSEHOLD DRINKING WATER

10

AND WASTEWATER ASSISTANCE.

11(a) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated $1,500,000,000 to the Sec13 retary to carry out this section. Such sums shall remain
14 available until expended.
1516(b) LOW-INCOME HOUSEHOLD DRINKING WATERAND

WASTEWATER ASSISTANCE.—The Secretary shall

17 make grants to States and Indian Tribes to assist low18 income households, particularly those with the lowest in19 comes, that pay a high proportion of household income
20 for drinking water and wastewater services.
21(c) USE OF LIHEAP RESOURCES.—In carrying out

22 this section, the Secretary, States, and Indian Tribes, as
23 applicable, shall use the existing processes, procedures,
24 policies, and systems in place to carry out the Low-Income
25 Home Energy Assistance Act of 1981, as the Secretary

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1110
1 determines appropriate, including by using the application
2 and approval process under such Act to the maximum ex3 tent practicable.
4(d) ALLOTMENT.—

5(1)

FACTORS.—The

Secretary

shall

allot

6

amounts appropriated pursuant to this section to a7

State or Indian Tribe taking into account—

8(A) the percentage of households in the

9State, or under the jurisdiction of the Indian

10

Tribe, that are low-income, as determined by

11

the Secretary;

12(B) the average State or Tribal drinking

13

water and wastewater service rates; and14(C) the extent to which the State or Indian

15

Tribe has been impacted by the public health16

emergency.

17(2) NOTIFICATION TO CONGRESS.—Not later18

than 15 days after determining an amount to allot

19

to each State or Indian Tribe pursuant to paragraph20(1), and prior to making grants under this section,

21

the Secretary shall notify Congress of such allotment

22

amounts.

23

(e)

24

DETERMINATIONOF

LOW-INCOME

HOUSE-HOLDS.—

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1111
1(1) MINIMUM DEFINITION OF LOW-INCOME.—In

2

determining whether a household is considered low-3

income for the purposes of this section, a State or

4

Indian Tribe shall—

5(A) ensure that, at a minimum, all house-

6

holds within 150 percent of the Federal poverty

7line are included as low-income households; and

8(B) consider households that have not pre-9

viously received assistance under the Low-In-

10come Home Energy Assistance Act of 1981 in

11

the same manner as households that have pre-12

viously received such assistance.

13(2) HOUSEHOLD14

DOCUMENTATIONREQUIRE-

MENTS.—States and Indian Tribes shall—

15(A) to the maximum extent practicable,

16

seek to limit the income history documentation17

requirements for determining whether a house-

18

hold is considered low-income for the purposes

19of this section; and20(B) for the purposes of income eligibility,

21

accept proof of job loss or severe income loss

22

dated after February 29, 2020, such as a layoff

23

or furlough notice or verification of application

24of unemployment benefits, as sufficient to dem-

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1112
1

onstrate lack of income for an individual or2household.

3(f) APPLICATIONS.—Each State or Indian Tribe de-4 siring to receive a grant under this section shall submit
5 an application to the Secretary, in such form as the Sec6 retary shall require.
7(g) STATE AGREEMENTS WITH DRINKING WATER

8

AND WASTEWATER PROVIDERS.—To the maximum extent

9 practicable, a State that receives a grant under this sec10 tion shall enter into agreements with community water
11 systems, municipalities, nonprofit organizations associated12 with providing drinking water and wastewater services to
13 rural and small communities, and Indian Tribes, to assist
14 in identifying low-income households and to carry out this15 section.
16(h) ADMINISTRATIVE COSTS.—A State or Indian

17 Tribe that receives a grant under this section may use up
18 to 15 percent of the granted amounts for administrative
19 costs.
20(i) FEDERAL AGENCY COORDINATION.—In carrying

21 out this section, the Secretary shall coordinate with the
22 Administrator of the Environmental Protection Agency
23 and consult with other Federal agencies with authority
24 over the provision of drinking water and wastewater serv25 ices.

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1(j) AUDITS.—The Secretary shall require each State

2 and Indian Tribe receiving a grant under this section to
3 undertake periodic audits and evaluations of expenditures
4 made by such State or Indian Tribe pursuant to this sec5 tion.
6(k) REPORTS TO CONGRESS.—The Secretary shall

7 submit to Congress a report on the results of activities
8 carried out pursuant to this section—
9(1) not later than 1 year after the date of en-

10

actment of this section; and

11(2) upon disbursement of all funds appropriated12

pursuant to this section.

13(l) DEFINITIONS.—In this section:

14(1) COMMUNITY

WATER SYSTEM.—The

term

15

‘‘community water system’’ has the meaning given

16such term in section 1401 of the Safe Drinking

17

Water Act (42 U.S.C. 300f).

18(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’

19

means any Indian Tribe, band, group, or community

20

recognized by the Secretary of the Interior and exer-

21

cising governmental authority over a Federal Indian

22

reservation.

23(3) MUNICIPALITY.—The term ‘‘municipality’’24

has the meaning given such term in section 502 of

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1114
1

the Federal Water Pollution Control Act (33 U.S.C.

21362).

3(4) PUBLIC HEALTH EMERGENCY.—The term

4‘‘public health emergency’’ means the public health5

emergency described in section 1135(g)(1)(B) of the

6

Social Security Act.

7(5) SECRETARY.—The term ‘‘Secretary’’ means

8

the Secretary of Health and Human Services.

9(6) STATE.—The term ‘‘State’’ means a State,

10

the District of Columbia, the Commonwealth of

11

Puerto Rico, the Virgin Islands of the United States,

12

Guam, American Samoa, and the Commonwealth of13

the Northern Mariana Islands.

14

SEC. 199993. DELAY OF STRATEGIC PETROLEUM RESERVE

15

SALE.

16

(a) BIPARTISAN BUDGET ACT OF 2015.—Section

17 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
18 6239 note) is amended—19(1) in subsection (e), by striking ‘‘2020’’ and20

inserting ‘‘2022’’; and21(2) in subsection (g), by striking ‘‘2020’’ and22

inserting ‘‘2022’’.

23(b) FURTHER CONSOLIDATED APPROPRIATIONS ACT,24 2020.—Title III of division C of the Further Consolidated
25 Appropriations Act, 2020 (Public Law 116–94) is amend-

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1115
1 ed in the matter under the heading ‘‘Department of En2 ergy—Energy Programs—Strategic Petroleum Reserve’’
3 by striking ‘‘Provided, That’’ and all that follows through4 the period at the end and inserting the following: ‘‘Pro5 vided, That, as authorized by section 404 of the Bipar6 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C.
7 6239 note), the Secretary of Energy shall draw down and
8 sell not to exceed a total of $450,000,000 of crude oil from
9 the Strategic Petroleum Reserve in fiscal year 2020, fiscal
10 year 2021, or fiscal year 2022: Provided further, That the
11 proceeds from such drawdown and sale shall be deposited
12 into the ‘Energy Security and Infrastructure Moderniza13 tion Fund’ during the fiscal year in which the sale occurs
14 and shall be made available in such fiscal year, to remain
15 available until expended, for necessary expenses to carry
16 out the Life Extension II project for the Strategic Petro17 leum Reserve.’’.
18

SEC. 199994. EXPANSION OF DOL AUTHORITY TO POSTPONE19

CERTAIN DEADLINES.

20

Section 518 of the Employee Retirement Income Se-

21 curity Act of 1974 (29 U.S.C. 1148) is amended by strik22 ing ‘‘or a terroristic or military action (as defined in sec23 tion 692(c)(2) of such Code), the Secretary may’’ and in24 serting ‘‘a terroristic or military action (as defined in sec25 tion 692(c)(2) of such Code), or a public health emergency

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1116
1 declared by the Secretary of Health and Human Services
2 pursuant to section 319 of the Public Health Service Act,
3 the Secretary may’’.
4

SEC. 199995. PROVIDING BUREAU OF THE CENSUS ACCESS

5TO INSTITUTIONS OF HIGHER EDUCATION.

6(a) IN GENERAL.—Notwithstanding any other provi-

7 sion of law, including section 444 of the General Edu8 cation Provisions Act (commonly known as the ‘‘Family
9 Educational Rights and Privacy Act of 1974’’), an institu10 tion of higher education may, in furtherance of a full and
11 accurate decennial census of population count, provide to
12 the Bureau of the Census information requested by the
13 Bureau for purposes of enumeration for the 2020 decen14 nial Census.
15(b) APPLICATION.—

16(1) INFORMATION.—Only information requested

17

on the official 2020 decennial census of population

18

form may be provided to the Bureau of the Census

19

pursuant to this section. No institution of higher

20

education may provide any information to the Bu-

21reau on the immigration or citizenship status of any

22

individual.

23(2) GROUP QUARTERS.—Only students who, ac-24

cording to guidance from the Bureau, are living in

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1117
1

group quarters may be included in the data provided

2

to the Bureau under this section.

3(3) NOTICEREQUIRED.—Before

information

4

can be provided to the Bureau, the institution of5higher education shall give public notice of the cat-6

egories of information which it plans to provide and7

shall allow 10 days after such notice has been given

8

for a parent or student to inform the institution that9

any or all of the information designated should not

10

be released without the parent or student’s prior11

consent. No institution of higher education shall pro-12

vide the Bureau with the information of any indi-

13

vidual who has objected or whose legal guardian has

14

objected to the provision of such information.

15(4) USE OF INFORMATION.—Information pro-16

vided to the Bureau pursuant to this section may

17

only be used for the purposes of enumeration for the18

2020 decennial census of population.

19(c) SUNSET.—The authority provided in this section

20 shall expire on December 31, 2020.
21(d) DEFINITIONS.—In this section:

22(1) GROUP QUARTERS.—The term ‘‘group quar-

23

ters’’ means housing units owned or operated by an

24

institution of higher education.

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1118
1(2) INSTITUTION OF HIGHER EDUCATION.—The2

term ‘‘institution of higher education’’ has the3meaning given that term in section 102 of the High-4

er Education Act of 1965 (20 U.S.C. 1002).

5

SEC. 199996. BUDGETARY EFFECTS.

6(a) STATUTORY PAYGO SCORECARDS.—The budg-

7 etary effects of division B and each succeeding division
8 shall not be entered on either PAYGO scorecard main9 tained pursuant to section 4(d) of the Statutory Pay-As10 You-Go Act of 2010.
11(b) SENATE PAYGO SCORECARDS.—The budgetary

12 effects of division B and each succeeding division shall not
13 be entered on any PAYGO scorecard maintained for pur14 poses of section 4106 of H. Con. Res. 71 (115th Con15 gress).
16(c) CLASSIFICATION OF BUDGETARY EFFECTS.—

17 Notwithstanding Rule 3 of the Budget Scorekeeping
18 Guidelines set forth in the joint explanatory statement of
19 the committee of conference accompanying Conference Re20 port 105–217 and section 250(c)(8) of the Balanced
21 Budget and Emergency Deficit Control Act of 1985, the22 budgetary effects of division B and each succeeding divi23 sion shall not be estimated—
24(1) for purposes of section 251 of such Act; and

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1119
1(2) for purposes of paragraph (4)(C) of section

2

3 of the Statutory Pay-As-You-Go Act of 2010 as

3being included in an appropriation Act.

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