II 

Calendar No. 564 

116TH CONGRESS 

2D SESSION S. 4775 

To provide continued emergency assistance, educational support, and health 

care response for individuals, families, and businesses affected by the 

2020 coronavirus pandemic. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 

Mr. MCCONNELL introduced the following bill; which was read the first time 

OCTOBER 1, 2020 

Read the second time and placed on the calendar 

A BILL 

To provide continued emergency assistance, educational support, and health care response for individuals, families, 

and businesses affected by the 2020 coronavirus pandemic. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Delivering Immediate 

5 Relief to America’s Families, Schools and Small Busi6 nesses Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A—LIABILITY PROTECTIONS, CONTINUED RELIEF FOR 

SMALL BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL SUPPORT 

TITLE I—SUNSETS AND OFFSETS 

Sec. 1001. Emergency relief and taxpayer protections. 

Sec. 1002. Direct appropriation. 

Sec. 1003. Termination of authority. 

Sec. 1004. Rescissions. 

TITLE II—CORONAVIRUS LIABILITY RELIEF 

Sec. 2001. Short title. 

Sec. 2002. Findings and purposes. 

Sec. 2003. Definitions. 

Subtitle A—Liability Relief 

PART I—LIABILITY LIMITATIONS FOR INDIVIDUALS AND ENTITIES

ENGAGED IN BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS

Sec. 2121. Application of part. 

Sec. 2122. Liability; safe harbor. 

PART II—LIABILITY LIMITATIONS FOR HEALTH CARE PROVIDERS

Sec. 2141. Application of part. 

Sec. 2142. Liability for health care professionals and health care facilities during coronavirus public health emergency. 

PART III—SUBSTANTIVE AND PROCEDURAL PROVISIONS FOR CORONAVIRUSRELATED ACTIONS GENERALLY

Sec. 2161. Jurisdiction. 

Sec. 2162. Limitations on suits. 

Sec. 2163. Procedures for suit in district courts of the united states. 

Sec. 2164. Demand letters; cause of action. 

PART IV—RELATION TO LABOR AND EMPLOYMENT LAWS

Sec. 2181. Limitation on violations under specific laws. 

Sec. 2182. Liability for conducting testing at workplace. 

Sec. 2183. Joint employment and independent contracting. 

Sec. 2184. Exclusion of certain notification requirements as a result of the 

COVID–19 public health emergency. 

Subtitle B—Products 


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Sec. 2201. Applicability of the targeted liability protections for pandemic and 

epidemic products and security countermeasures with respect 

to covid–19. 

Subtitle C—General Provisions 

Sec. 2301. Severability. 

TITLE III—ASSISTANCE FOR AMERICAN FAMILIES 

Sec. 3001. Short title. 

Sec. 3002. Extension of the Federal Pandemic Unemployment Compensation 

program. 

TITLE IV—SMALL BUSINESS PROGRAMS 

Sec. 4001. Small business recovery. 

TITLE V—POSTAL SERVICE ASSISTANCE 

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

TITLE VI—EDUCATIONAL SUPPORT AND CHILD CARE 

Subtitle A—Emergency Education Freedom Grants; Tax Credits for 

Contributions to Eligible Scholarship-granting Organizations 

Sec. 6001. Emergency education freedom grants. 

Sec. 6002. Tax credits for contributions to eligible scholarship-granting organizations. 

Sec. 6003. Education Freedom Scholarships web portal and administration. 

Sec. 6004. 529 account funding for homeschool and additional elementary and 

secondary expenses. 

Subtitle B—Back to Work Child Care Grants 

Sec. 6101. Back to Work Child Care grants. 

TITLE VII—PANDEMIC PREPARATION AND STRATEGIC 

STOCKPILE 

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

Sec. 7002. Improving and sustaining State medical stockpiles. 

Sec. 7003. Strengthening the Strategic National Stockpile. 

TITLE VIII—CORONAVIRUS RELIEF FUND EXTENSION 

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

TITLE IX—CHARITABLE GIVING 

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

TITLE X—CRITICAL MINERALS 

Sec. 10001. Mineral security. 

Sec. 10002. Rare earth element advanced coal technologies. 


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TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 11001. Emergency designation. 

DIVISION B—CORONAVIRUS RESPONSE ADDITIONAL 

SUPPLEMENTAL APPROPRIATIONS ACT, 2020 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

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

4 be treated as referring only to the provisions of that divi5 sion. 

6 DIVISION A—LIABILITY PROTEC7 TIONS, CONTINUED RELIEF 

8 FOR SMALL BUSINESSES AND 

9 WORKERS, PUBLIC HEALTH 

10 ENHANCEMENTS, AND EDU11 CATIONAL SUPPORT 

12 TITLE I—SUNSETS AND OFFSETS 

13 SEC. 1001. EMERGENCY RELIEF AND TAXPAYER PROTEC14 TIONS. 

15 Section 4003 of the CARES Act (15 U.S.C. 9061) 

16 is amended in subsection (e) by striking ‘‘Amounts’’ and 

17 inserting ‘‘Notwithstanding any other provision of law, 

18 amounts’’. 

19 SEC. 1002. DIRECT APPROPRIATION. 

20 Section 4027 of the CARES Act (15 U.S.C. 9063) 

21 is amended by adding at the end the following: 

22 ‘‘(d) REDUCTION.—The appropriation made under 

23 this section shall be reduced, on January 19, 2021, by 


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1 an amount equal to the difference between 

2 $454,000,000,000 and the aggregate amount of loans, 

3 loan guarantees, and other investments that the Secretary 

4 has made or committed to make under section 4003(b)(4) 

5 as of such date.’’. 

6 SEC. 1003. TERMINATION OF AUTHORITY. 

7 Section 4029 of the CARES Act (15 U.S.C. 9063) 

8 is amended by adding at the end the following: 

9 ‘‘(c) FEDERAL RESERVE PROGRAMS OR FACILI10 TIES.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding any other 

12 provision of law, after January 4, 2021, the Board 

13 of Governors of the Federal Reserve System and the 

14 Federal Reserve banks shall not make any loan, pur15 chase any obligation, asset, security, or other inter16 est, or make any extension of credit through any 

17 program or facility established under section 13(3) 

18 of the Federal Reserve Act (12 U.S.C. 343(3)) in 

19 which the Secretary made a loan, loan guarantee, or 

20 other investment using funds appropriated under 

21 section 4027, other than any such loan, purchase, or 

22 extension of credit for which a complete application 

23 was submitted on or before January 4, 2021, pro24 vided that such loan, purchase, or extension of credit 

25 is made on or before January 18, 2021, and under 


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1 the terms and conditions of the program or facility 

2 as in effect on the date the complete application was 

3 submitted. 

4 ‘‘(2) NO MODIFICATION.—On or after January 

5 19, 2021, the Board of Governors of the Federal Re6 serve System and the Federal Reserve banks shall 

7 not modify the terms and conditions of any program 

8 or facility established under section 13(3) of the 

9 Federal Reserve Act (12 U.S.C. 343(3)) in which 

10 the Secretary made a loan, loan guarantee, or other 

11 investment using funds appropriated under section 

12 4027, but may modify or restructure a loan, obliga13 tion, asset, security, or other interest, or extension 

14 of credit made or purchased through any such pro15 gram or facility provided that— 

16 ‘‘(A) the loan, obligation, asset, security, 

17 or other interest, or extension of credit is for an 

18 eligible business, including an eligible nonprofit 

19 organization; and 

20 ‘‘(B) the modification or restructuring re21 lates to a single and specific eligible business, 

22 including an eligible nonprofit organization; and 

23 ‘‘(C) the modification or restructuring is 

24 necessary to minimize costs to taxpayers that 

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1 tion, asset, security, or other interest, or exten2 sion of credit.’’. 

3 SEC. 1004. RESCISSIONS. 

4 (a) PPP AND SUBSIDY FOR CERTAIN LOAN PAY5 MENTS.—Of the unobligated balances in the appropria6 tions account under the heading ‘‘Small Business Admin7 istration—Business Loans Program Account, CARES 

8 Act’’ as of the day before the date of enactment of this 

9 Act, effective on the date of enactment of this Act 

10 $146,000,000,000 shall be rescinded and deposited into 

11 the general fund of the Treasury. 

12 (b) EXCHANGE STABILIZATION FUND.—Section 

13 4003 of the CARES Act (15 U.S.C. 9042) is amended— 

14 (1) in subsection (a), by striking 

15 ‘‘$500,000,000,000’’ and inserting 

16 ‘‘$296,000,000,000’’; and 

17 (2) in subsection (b)(4), in the matter pre18 ceding subparagraph (A), by striking 

19 ‘‘$454,000,000,000’’ and inserting 

20 ‘‘$250,000,000,000’’. 

21 TITLE II—CORONAVIRUS 

22 LIABILITY RELIEF 

23 SEC. 2001. SHORT TITLE. 

24 This title may be cited as the ‘‘Safeguarding Amer25 ica’s Frontline Employees To Offer Work Opportunities 


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1 Required to Kickstart the Economy Act’’ or the ‘‘SAFE 

2 TO WORK Act’’. 

3 SEC. 2002. FINDINGS AND PURPOSES. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The SARS–CoV–2 virus that originated in 

6 China and causes the disease COVID–19 has caused 

7 untold misery and devastation throughout the world, 

8 including in the United States. 

9 (2) For months, frontline health care workers 

10 and health care facilities have fought the virus with 

11 courage and resolve. They did so at first with very 

12 little information about how to treat the virus and 

13 developed strategies to save lives of the people of the 

14 United States in real time. They risked their per15 sonal health and wellbeing to protect and treat their 

16 patients. 

17 (3) Businesses in the United States kicked into 

18 action to produce and procure personal protective 

19 equipment, such as masks, gloves, face shields, and 

20 hand sanitizer, and other necessary medical supplies, 

21 such as ventilators, at unprecedented rates. 

22 (4) To halt the spread of the disease, State and 

23 local governments took drastic measures. They shut 

24 down small and large businesses, schools, colleges 

25 and universities, religious, philanthropic and other 


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1 nonprofit institutions, and local government agen2 cies. They ordered people to remain in their homes. 

3 (5) This standstill was needed to slow the 

4 spread of the virus. But it devastated the economy 

5 of the United States. The sum of hundreds of local6 level and State-level decisions to close nearly every 

7 space in which people might gather brought inter8 state commerce nearly to a halt. 

9 (6) This halt led to the loss of millions of jobs. 

10 These lost jobs were not a natural consequence of 

11 the economic environment, but rather the result of 

12 a drastic, though temporary, response to the unprec13 edented nature of this global pandemic. 

14 (7) Congress passed a series of statutes to ad15 dress the health care and economic crises—the 

16 Coronavirus Preparedness and Response Supple17 mental Appropriations Act, 2020 (Public Law 116– 

18 123; 134 Stat. 146), the Families First Coronavirus 

19 Response Act (Public Law 116–127; 134 Stat. 178), 

20 the Coronavirus Aid, Relief, and Economic Security 

21 Act or the CARES Act (Public Law 116–136), and 

22 the Paycheck Protection Program and Health Care 

23 Enhancement Act (Public Law 116–139; 134 Stat. 

24 620). In these laws Congress exercised its power 

25 under the Commerce and Spending Clauses of the 


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1 Constitution of the United States to direct trillions 

2 of taxpayer dollars toward efforts to aid workers, 

3 businesses, State and local governments, health care 

4 workers, and patients. 

5 (8) This legislation provided short-term insula6 tion from the worst of the economic storm, but these 

7 laws alone cannot protect the United States from 

8 further devastation. Only reopening the economy so 

9 that workers can get back to work and students can 

10 get back to school can accomplish that goal. 

11 (9) The Constitution of the United States spe12 cifically enumerates the legislative powers of Con13 gress. One of those powers is the regulation of inter14 state commerce. The Government is not a substitute 

15 for the economy, but it has the authority and the 

16 duty to act when interstate commerce is threatened 

17 and damaged. As applied to the present crisis, Con18 gress can deploy its power over interstate commerce 

19 to promote a prudent reopening of businesses and 

20 other organizations that serve as the foundation and 

21 backbone of the national economy and of commerce 

22 among the States. These include small and large 

23 businesses, schools (which are substantial employers 

24 in their own right and provide necessary services to 

25 enable parents and other caregivers to return to 


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1 work), colleges and universities (which are substan2 tial employers and supply the interstate market for 

3 higher-education services), religious, philanthropic 

4 and other nonprofit institutions (which are substan5 tial employers and provide necessary services to their 

6 communities), and local government agencies. 

7 (10) Congress must also ensure that the Na8 tion’s health care workers and health care facilities 

9 are able to act fully to defeat the virus. 

10 (11) Congress must also safeguard its invest11 ment of taxpayer dollars under the CARES Act and 

12 other coronavirus legislation. Congress must ensure 

13 that those funds are used to help businesses and 

14 workers survive and recover from the economic cri15 sis, and to help health care workers and health care 

16 facilities defeat the virus. CARES Act funds cannot 

17 be diverted from these important purposes to line 

18 the pockets of the trial bar. 

19 (12) One of the chief impediments to the con20 tinued flow of interstate commerce as this public21 health crisis has unfolded is the risk of litigation. 

22 Small and large businesses, schools, colleges and 

23 universities, religious, philanthropic and other non24 profit institutions, and local government agencies 

25 confront the risk of a tidal wave of lawsuits accusing 


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1 them of exposing employees, customers, students, 

2 and worshipers to coronavirus. Health care workers 

3 face the threat of lawsuits arising from their efforts 

4 to fight the virus. 

5 (13) They confront this litigation risk even as 

6 they work tirelessly to comply with the coronavirus 

7 guidance, rules, and regulations issued by local gov8 ernments, State governments, and the Federal Gov9 ernment. They confront this risk notwithstanding 

10 equipment and staffing shortages. And they confront 

11 this risk while also grappling with constantly chang12 ing information on how best to protect employees, 

13 customers, students, and worshipers from the virus, 

14 and how best to treat it. 

15 (14) These lawsuits pose a substantial risk to 

16 interstate commerce because they threaten to keep 

17 small and large businesses, schools, colleges and uni18 versities, religious, philanthropic and other nonprofit 

19 institutions, and local government agencies from re20 opening for fear of expensive litigation that might 

21 prove to be meritless. These lawsuits further threat22 en to undermine the Nation’s fight against the virus 

23 by exposing our health care workers and health care 

24 facilities to liability for difficult medical decisions 


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1 they have made under trying and uncertain cir2 cumstances. 

3 (15) These lawsuits also risk diverting taxpayer 

4 money provided under the CARES Act and other 

5 coronavirus legislation from its intended purposes to 

6 the pockets of opportunistic trial lawyers. 

7 (16) This risk is not purely local. It is nec8 essarily national in scale. A patchwork of local and 

9 State rules governing liability in coronavirus-related 

10 lawsuits creates tremendous unpredictability for ev11 eryone participating in interstate commerce and acts 

12 as a significant drag on national recovery. The ag13 gregation of each individual potential liability risk 

14 poses a substantial and unprecedented threat to 

15 interstate commerce. 

16 (17) The accumulated economic risks for these 

17 potential defendants directly and substantially af18 fects interstate commerce. Individuals and entities 

19 potentially subject to coronavirus-related liability will 

20 structure their decisionmaking to avoid that liability. 

21 Small and large businesses, schools, colleges and 

22 universities, religious, philanthropic and other non23 profit institutions, and local government agencies 

24 may decline to reopen because of the risk of litiga25 tion. They may limit their output or engagement 


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1 with customers and communities to avoid the risk of 

2 litigation. These individual economic decisions sub3 stantially affect interstate commerce because, as a 

4 whole, they will prevent the free and fair exchange 

5 of goods and services across State lines. Such eco6 nomic activity that, individually and in the aggre7 gate, substantially affects interstate commerce is 

8 precisely the sort of conduct that should be subject 

9 to congressional regulation. 

10 (18) Lawsuits against health care workers and 

11 facilities pose a similarly dangerous risk to interstate 

12 commerce. Interstate commerce will not truly re13 bound from this crisis until the virus is defeated, 

14 and that will not happen unless health care workers 

15 and facilities are free to combat vigorously the virus 

16 and treat patients with coronavirus and those other17 wise impacted by the response to coronavirus. 

18 (19) Subjecting health care workers and facili19 ties to onerous litigation even as they have done 

20 their level best to combat a virus about which very 

21 little was known when it arrived in the United 

22 States would divert important health care resources 

23 from hospitals and providers to courtrooms. 

24 (20) Such a diversion would substantially affect 

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1 pacity for combating the virus and saving patients, 

2 thereby substantially elongating the period before 

3 interstate commerce could fully re-engage. 

4 (21) Congress also has the authority to deter5 mine the jurisdiction of the courts of the United 

6 States, to set the standards for causes of action they 

7 can hear, and to establish the rules by which those 

8 causes of action should proceed. Congress therefore 

9 must act to set rules governing liability in 

10 coronavirus-related lawsuits. 

11 (22) These rules necessarily must be temporary 

12 and carefully tailored to the interstate crisis caused 

13 by the coronavirus pandemic. They must extend no 

14 further than necessary to meet this uniquely na15 tional crisis for which a patchwork of State and local 

16 tort laws are ill-suited. 

17 (23) Because of the national scope of the eco18 nomic and health care dangers posed by the risks of 

19 coronavirus-related lawsuits, establishing temporary 

20 rules governing liability for certain coronavirus-re21 lated tort claims is a necessary and proper means of 

22 carrying into execution Congress’s power to regulate 

23 commerce among the several States. 

24 (24) Because Congress must safeguard the in25 vestment of taxpayer dollars it made in the CARES 


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1 Act and other coronavirus legislation, and ensure 

2 that they are used for their intended purposes and 

3 not diverted for other purposes, establishing tem4 porary rules governing liability for certain 

5 coronavirus-related tort claims is a necessary and 

6 proper means of carrying into execution Congress’s 

7 power to provide for the general welfare of the 

8 United States. 

9 (b) PURPOSES.—Pursuant to the powers delegated to 

10 Congress by article I, section 8, clauses 1, 3, 9, and 18, 

11 and article III, section 2, clause 1 of the Constitution of 

12 the United States, the purposes of this title are to— 

13 (1) establish necessary and consistent standards 

14 for litigating certain claims specific to the unique 

15 coronavirus pandemic; 

16 (2) prevent the overburdening of the court sys17 tems with undue litigation; 

18 (3) encourage planning, care, and appropriate 

19 risk management by small and large businesses, 

20 schools, colleges and universities, religious, philan21 thropic and other nonprofit institutions, local gov22 ernment agencies, and health care providers; 

23 (4) ensure that the Nation’s recovery from the 

24 coronavirus economic crisis is not burdened or 

25 slowed by the substantial risk of litigation; 


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1 (5) prevent litigation brought to extract settle2 ments and enrich trial lawyers rather than vindicate 

3 meritorious claims; 

4 (6) protect interstate commerce from the bur5 dens of potentially meritless litigation; 

6 (7) ensure the economic recovery proceeds with7 out artificial and unnecessary delay; 

8 (8) protect the interests of the taxpayers by en9 suring that emergency taxpayer support continues to 

10 aid businesses, workers, and health care providers 

11 rather than enrich trial lawyers; and 

12 (9) protect the highest and best ideals of the 

13 national economy, so businesses can produce and 

14 serve their customers, workers can work, teachers 

15 can teach, students can learn, and believers can wor16 ship. 

17 SEC. 2003. DEFINITIONS. 

18 In this title: 

19 (1) APPLICABLE GOVERNMENT STANDARDS

20 AND GUIDANCE.—The term ‘‘applicable government 

21 standards and guidance’’ means— 

22 (A) any mandatory standards or regula23 tions specifically concerning the prevention or 

24 mitigation of the transmission of coronavirus 

25 issued by the Federal Government, or a State 


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1 or local government with jurisdiction over an in2 dividual or entity, whether provided by execu3 tive, judicial, or legislative order; and 

4 (B) with respect to an individual or entity 

5 that, at the time of the actual, alleged, feared, 

6 or potential for exposure to coronavirus is not 

7 subject to any mandatory standards or regula8 tions described in subparagraph (A), any guid9 ance, standards, or regulations specifically con10 cerning the prevention or mitigation of the 

11 transmission of coronavirus issued by the Fed12 eral Government, or a State or local govern13 ment with jurisdiction over the individual or en14 tity. 

15 (2) BUSINESSES, SERVICES, ACTIVITIES, OR AC16 COMMODATIONS.—The term ‘‘businesses, services, 

17 activities, or accommodations’’ means any act by an 

18 individual or entity, irrespective of whether the act 

19 is carried on for profit, that is interstate or foreign 

20 commerce, that involves persons or things in inter21 state or foreign commerce, that involves the channels 

22 or instrumentalities of interstate or foreign com23 merce, that substantially affects interstate or foreign 

24 commerce, or that is otherwise an act subject to reg25 ulation by Congress as necessary and proper to 


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1 carry into execution Congress’s powers to regulate 

2 interstate or foreign commerce or to spend funds for 

3 the general welfare. 

4 (3) CORONAVIRUS.—The term ‘‘coronavirus’’ 

5 means any disease, health condition, or threat of 

6 harm caused by the SARS–CoV–2 virus or a virus 

7 mutating therefrom. 

8 (4) CORONAVIRUS EXPOSURE ACTION.— 

9 (A) IN GENERAL.—The term ‘‘coronavirus 

10 exposure action’’ means a civil action— 

11 (i) brought by a person who suffered 

12 personal injury or is at risk of suffering 

13 personal injury, or a representative of a 

14 person who suffered personal injury or is 

15 at risk of suffering personal injury; 

16 (ii) brought against an individual or 

17 entity engaged in businesses, services, ac18 tivities, or accommodations; and 

19 (iii) alleging that an actual, alleged, 

20 feared, or potential for exposure to 

21 coronavirus caused the personal injury or 

22 risk of personal injury, that— 

23 (I) occurred in the course of the 

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1 commodations of the individual or en2 tity; and 

3 (II) occurred— 

4 (aa) on or after December 1, 

5 2019; and 

6 (bb) before the later of— 

7 (AA) October 1, 2024; 

8 or 

9 (BB) the date on which 

10 there is no declaration by 

11 the Secretary of Health and 

12 Human Services under sec13 tion 319F–3(b) of the Pub14 lic Health Service Act (42 

15 U.S.C. 247d–6d(b)) (relat16 ing to medical counter17 measures) that is in effect 

18 with respect to coronavirus, 

19 including the Declaration 

20 Under the Public Readiness 

21 and Emergency Prepared22 ness Act for Medical Coun23 termeasures Against 

24 COVID–19 (85 Fed. Reg. 

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1 retary of Health and Human 

2 Services on March 17, 2020. 

3 (B) EXCLUSIONS.—The term ‘‘coronavirus 

4 exposure action’’ does not include— 

5 (i) a criminal, civil, or administrative 

6 enforcement action brought by the Federal 

7 Government or any State, local, or Tribal 

8 government; or 

9 (ii) a claim alleging intentional dis10 crimination on the basis of race, color, na11 tional origin, religion, sex (including preg12 nancy), disability, genetic information, or 

13 age. 

14 (5) CORONAVIRUS-RELATED ACTION.—The 

15 term ‘‘coronavirus-related action’’ means a 

16 coronavirus exposure action or a coronavirus-related 

17 medical liability action. 

18 (6) CORONAVIRUS-RELATED HEALTH CARE

19 SERVICES.—The term ‘‘coronavirus-related health 

20 care services’’ means services provided by a health 

21 care provider, regardless of the location where the 

22 services are provided, that relate to— 

23 (A) the diagnosis, prevention, or treatment 

24 of coronavirus; 


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1 (B) the assessment or care of an individual 

2 with a confirmed or suspected case of 

3 coronavirus; or 

4 (C) the care of any individual who is ad5 mitted to, presents to, receives services from, or 

6 resides at, a health care provider for any pur7 pose during the period of a Federal emergency 

8 declaration concerning coronavirus, if such pro9 vider’s decisions or activities with respect to 

10 such individual are impacted as a result of 

11 coronavirus. 

12 (7) CORONAVIRUS-RELATED MEDICAL LIABIL13 ITY ACTION.— 

14 (A) IN GENERAL.—The term ‘‘coronavirus15 related medical liability action’’ means a civil 

16 action— 

17 (i) brought by a person who suffered 

18 personal injury, or a representative of a 

19 person who suffered personal injury; 

20 (ii) brought against a health care pro21 vider; and 

22 (iii) alleging any harm, damage, 

23 breach, or tort resulting in the personal in24 jury alleged to have been caused by, be 

25 arising out of, or be related to a health 


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1 care provider’s act or omission in the 

2 course of arranging for or providing 

3 coronavirus-related health care services 

4 that occurred— 

5 (I) on or after December 1, 

6 2019; and 

7 (II) before the later of— 

8 (aa) October 1, 2024; or 

9 (bb) the date on which there 

10 is no declaration by the Secretary 

11 of Health and Human Services 

12 under section 319F–3(b) of the 

13 Public Health Service Act (42 

14 U.S.C. 247d–6d(b)) (relating to 

15 covered countermeasures) that is 

16 in effect with respect to 

17 coronavirus, including the Dec18 laration Under the Public Readi19 ness and Emergency Prepared20 ness Act for Medical Counter21 measures Against COVID–19 (85 

22 Fed. Reg. 15198 ) issued by the 

23 Secretary of Health and Human 

24 Services on March 17, 2020. 


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1 (B) EXCLUSIONS.—The term 

2 ‘‘coronavirus-related medical liability action’’ 

3 does not include— 

4 (i) a criminal, civil, or administrative 

5 enforcement action brought by the Federal 

6 Government or any State, local, or Tribal 

7 government; or 

8 (ii) a claim alleging intentional dis9 crimination on the basis of race, color, na10 tional origin, religion, sex (including preg11 nancy), disability, genetic information, or 

12 age. 

13 (8) EMPLOYER.—The term ‘‘employer’’— 

14 (A) means any person serving as an em15 ployer or acting directly in the interest of an 

16 employer in relation to an employee; 

17 (B) includes a public agency; and 

18 (C) does not include any labor organization 

19 (other than when acting as an employer) or any 

20 person acting in the capacity of officer or agent 

21 of such labor organization. 

22 (9) GOVERNMENT.—The term ‘‘government’’ 

23 means an agency, instrumentality, or other entity of 

24 the Federal Government, a State government (in25 cluding multijurisdictional agencies, instrumentalVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 ities, and entities), a local government, or a Tribal 

2 government. 

3 (10) GROSS NEGLIGENCE.—The term ‘‘gross 

4 negligence’’ means a conscious, voluntary act or 

5 omission in reckless disregard of— 

6 (A) a legal duty; 

7 (B) the consequences to another party; and 

8 (C) applicable government standards and 

9 guidance. 

10 (11) HARM.—The term ‘‘harm’’ includes— 

11 (A) physical and nonphysical contact that 

12 results in personal injury to an individual; and 

13 (B) economic and noneconomic losses. 

14 (12) HEALTH CARE PROVIDER.— 

15 (A) IN GENERAL.—The term ‘‘health care 

16 provider’’ means any person, including an 

17 agent, volunteer (subject to subparagraph (C)), 

18 contractor, employee, or other entity, who is— 

19 (i) required by Federal or State law to 

20 be licensed, registered, or certified to pro21 vide health care and is so licensed, reg22 istered, or certified (or is exempt from any 

23 such requirement); 

24 (ii) otherwise authorized by Federal or 

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1 ices and supports furnished in a home or 

2 community-based residential setting under 

3 the State Medicaid program or a waiver of 

4 that program); or 

5 (iii) considered under applicable Fed6 eral or State law to be a health care pro7 vider, health care professional, health care 

8 institution, or health care facility. 

9 (B) INCLUSION OF ADMINISTRATORS, SU10 PERVISORS, ETC.—The term ‘‘health care pro11 vider’’ includes a health care facility adminis12 trator, executive, supervisor, board member or 

13 trustee, or another individual responsible for di14 recting, supervising, or monitoring the provision 

15 of coronavirus-related health care services in a 

16 comparable role. 

17 (C) INCLUSION OF VOLUNTEERS.—The 

18 term ‘‘health care provider’’ includes volunteers 

19 that meet the following criteria: 

20 (i) The volunteer is a health care pro21 fessional providing coronavirus-related 

22 health care services. 

23 (ii) The act or omission by the volun24 teer occurs— 


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1 (I) in the course of providing 

2 health care services; 

3 (II) in the health care profes4 sional’s capacity as a volunteer; 

5 (III) in the course of providing 

6 health care services that— 

7 (aa) are within the scope of 

8 the license, registration, or cer9 tification of the volunteer, as de10 fined by the State of licensure, 

11 registration, or certification; and 

12 (bb) do not exceed the scope 

13 of license, registration, or certifi14 cation of a substantially similar 

15 health professional in the State 

16 in which such act or omission oc17 curs; and 

18 (IV) in a good-faith belief that 

19 the individual being treated is in need 

20 of health care services. 

21 (13) INDIVIDUAL OR ENTITY.—The term ‘‘indi22 vidual or entity’’ means— 

23 (A) any natural person, corporation, com24 pany, trade, business, firm, partnership, joint 

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1 tution, labor organization, or similar organiza2 tion or group of organizations; 

3 (B) any nonprofit organization, foundation, 

4 society, or association organized for religious, 

5 charitable, educational, or other purposes; or 

6 (C) any State, Tribal, or local government. 

7 (14) LOCAL GOVERNMENT.—The term ‘‘local 

8 government’’ means any unit of government within 

9 a State, including a— 

10 (A) county; 

11 (B) borough; 

12 (C) municipality; 

13 (D) city; 

14 (E) town; 

15 (F) township; 

16 (G) parish; 

17 (H) local public authority, including any 

18 public housing agency under the United States 

19 Housing Act of 1937 (42 U.S.C. 1437 et seq.); 

20 (I) special district; 

21 (J) school district; 

22 (K) intrastate district; 

23 (L) council of governments, whether or not 

24 incorporated as a nonprofit corporation under 

25 State law; and 


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1 (M) agency or instrumentality of— 

2 (i) multiple units of local government 

3 (including units of local government lo4 cated in different States); or 

5 (ii) an intra-State unit of local gov6 ernment. 

7 (15) MANDATORY.—The term ‘‘mandatory’’, 

8 with respect to applicable government standards and 

9 guidance, means the standards or regulations are 

10 themselves enforceable by the issuing government 

11 through criminal, civil, or administrative action. 

12 (16) PERSONAL INJURY.—The term ‘‘personal 

13 injury’’ means— 

14 (A) actual or potential physical injury to 

15 an individual or death caused by a physical in16 jury; or 

17 (B) mental suffering, emotional distress, or 

18 similar injuries suffered by an individual in con19 nection with a physical injury. 

20 (17) STATE.—The term ‘‘State’’— 

21 (A) means any State of the United States, 

22 the District of Columbia, the Commonwealth of 

23 Puerto Rico, the Northern Mariana Islands, the 

24 United States Virgin Islands, Guam, American 

25 Samoa, and any other territory or possession of 


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1 the United States, and any political subdivision 

2 or instrumentality thereof; and 

3 (B) includes any agency or instrumentality 

4 of 2 or more of the entities described in sub5 paragraph (A). 

6 (18) TRIBAL GOVERNMENT.— 

7 (A) IN GENERAL.—The term ‘‘Tribal gov8 ernment’’ means the recognized governing body 

9 of any Indian tribe included on the list pub10 lished by the Secretary of the Interior pursuant 

11 to section 104(a) of the Federally Recognized 

12 Indian Tribe List Act of 1994 (25 U.S.C. 

13 5131(a)). 

14 (B) INCLUSION.—The term ‘‘Tribal gov15 ernment’’ includes any subdivision (regardless 

16 of the laws and regulations of the jurisdiction 

17 in which the subdivision is organized or incor18 porated) of a governing body described in sub19 paragraph (A) that— 

20 (i) is wholly owned by that governing 

21 body; and 

22 (ii) has been delegated the right to ex23 ercise 1 or more substantial governmental 

24 functions of the governing body. 


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1 (19) WILLFUL MISCONDUCT.—The term ‘‘will2 ful misconduct’’ means an act or omission that is 

3 taken— 

4 (A) intentionally to achieve a wrongful 

5 purpose; 

6 (B) knowingly without legal or factual jus7 tification; and 

8 (C) in disregard of a known or obvious risk 

9 that is so great as to make it highly probable 

10 that the harm will outweigh the benefit. 

11 Subtitle A—Liability Relief 

12 PART I—LIABILITY LIMITATIONS FOR INDIVID13 UALS AND ENTITIES ENGAGED IN BUSI14 NESSES, SERVICES, ACTIVITIES, OR ACCOM15 MODATIONS 

16 SEC. 2121. APPLICATION OF PART. 

17 (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IMMU18 NITY.— 

19 (1) CAUSE OF ACTION.— 

20 (A) IN GENERAL.—This part creates an 

21 exclusive cause of action for coronavirus expo22 sure actions. 

23 (B) LIABILITY.—A plaintiff may prevail in 

24 a coronavirus exposure action only in accord25 ance with the requirements of this subtitle. 


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1 (C) APPLICATION.—The provisions of this 

2 part shall apply to— 

3 (i) any cause of action that is a 

4 coronavirus exposure action that was filed 

5 before the date of enactment of this Act 

6 and that is pending on such date of enact7 ment; and 

8 (ii) any coronavirus exposure action 

9 filed on or after such date of enactment. 

10 (2) PRESERVATION OF LIABILITY LIMITS AND

11 DEFENSES.—Except as otherwise explicitly provided 

12 in this part, nothing in this part expands any liabil13 ity otherwise imposed or limits any defense other14 wise available under Federal, State, or Tribal law. 

15 (3) IMMUNITY.—Nothing in this part abrogates 

16 the immunity of any State, or waives the immunity 

17 of any Tribal government. The limitations on liabil18 ity provided under this part shall control in any ac19 tion properly filed against a State or Tribal govern20 ment pursuant to a duly executed waiver by the 

21 State or Tribe of sovereign immunity and stating 

22 claims within the scope of this part. 

23 (b) PREEMPTION AND SUPERSEDURE.— 

24 (1) IN GENERAL.—Except as described in para25 graphs (2) through (6), this part preempts and suVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 persedes any Federal, State, or Tribal law, including 

2 statutes, regulations, rules, orders, proclamations, or 

3 standards that are enacted, promulgated, or estab4 lished under common law, related to recovery for 

5 personal injuries caused by actual, alleged, feared, or 

6 potential for exposure to coronavirus. 

7 (2) STRICTER LAWS NOT PREEMPTED OR SU8 PERSEDED.—Nothing in this part shall be construed 

9 to affect the applicability of any provision of any 

10 Federal, State, or Tribal law that imposes stricter 

11 limits on damages or liabilities for personal injury 

12 caused by, arising out of, or related to an actual, al13 leged, feared, or potential for exposure to 

14 coronavirus, or otherwise affords greater protection 

15 to defendants in any coronavirus exposure action, 

16 than are provided in this part. Any such provision 

17 of Federal, State, or Tribal law shall be applied in 

18 addition to the requirements of this part and not in 

19 lieu thereof. 

20 (3) WORKERS’ COMPENSATION LAWS NOT PRE21 EMPTED OR SUPERSEDED.—Nothing in this part 

22 shall be construed to affect the applicability of any 

23 State or Tribal law providing for a claim for benefits 

24 under a workers’ compensation scheme or program, 


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1 or to preempt or supersede an exclusive remedy 

2 under such scheme or program. 

3 (4) ENFORCEMENT ACTIONS.—Nothing in this 

4 part shall be construed to impair, limit, or affect the 

5 authority of the Federal Government, or of any 

6 State, local, or Tribal government, to bring any 

7 criminal, civil, or administrative enforcement action 

8 against any individual or entity. 

9 (5) DISCRIMINATION CLAIMS.—Nothing in this 

10 part shall be construed to affect the applicability of 

11 any provision of any Federal, State, or Tribal law 

12 that creates a cause of action for intentional dis13 crimination on the basis of race, color, national ori14 gin, religion, sex (including pregnancy), disability, 

15 genetic information, or age. 

16 (6) MAINTENANCE AND CURE.—Nothing in this 

17 part shall be construed to affect a seaman’s right to 

18 claim maintenance and cure benefits. 

19 (c) STATUTE OF LIMITATIONS.—A coronavirus expo20 sure action may not be commenced in any Federal, State, 

21 or Tribal government court later than 1 year after the 

22 date of the actual, alleged, feared, or potential for expo23 sure to coronavirus. 


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1 SEC. 2122. LIABILITY; SAFE HARBOR. 

2 (a) REQUIREMENTS FOR LIABILITY FOR EXPOSURE

3 TO CORONAVIRUS.—Notwithstanding any other provision 

4 of law, and except as otherwise provided in this section, 

5 no individual or entity engaged in businesses, services, ac6 tivities, or accommodations shall be liable in any 

7 coronavirus exposure action unless the plaintiff can prove 

8 by clear and convincing evidence that— 

9 (1) in engaging in the businesses, services, ac10 tivities, or accommodations, the individual or entity 

11 was not making reasonable efforts in light of all the 

12 circumstances to comply with the applicable govern13 ment standards and guidance in effect at the time 

14 of the actual, alleged, feared, or potential for expo15 sure to coronavirus; 

16 (2) the individual or entity engaged in gross 

17 negligence or willful misconduct that caused an ac18 tual exposure to coronavirus; and 

19 (3) the actual exposure to coronavirus caused 

20 the personal injury of the plaintiff. 

21 (b) REASONABLE EFFORTS TO COMPLY.— 

22 (1) CONFLICTING APPLICABLE GOVERNMENT

23 STANDARDS AND GUIDANCE.— 

24 (A) IN GENERAL.—If more than 1 govern25 ment to whose jurisdiction an individual or enti26 ty is subject issues applicable government 


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1 standards and guidance, and the applicable gov2 ernment standards and guidance issued by 1 or 

3 more of the governments conflicts with the ap4 plicable government standards and guidance 

5 issued by 1 or more of the other governments, 

6 the individual or entity shall be considered to 

7 have made reasonable efforts in light of all the 

8 circumstances to comply with the applicable 

9 government standards and guidance for pur10 poses of subsection (a)(1) unless the plaintiff 

11 establishes by clear and convincing evidence 

12 that the individual or entity was not making 

13 reasonable efforts in light of all the cir14 cumstances to comply with any of the con15 flicting applicable government standards and 

16 guidance issued by any government to whose ju17 risdiction the individual or entity is subject. 

18 (B) EXCEPTION.—If mandatory standards 

19 and regulations constituting applicable govern20 ment standards and guidance issued by any 

21 government with jurisdiction over the individual 

22 or entity conflict with applicable government 

23 standards and guidance that are not mandatory 

24 and are issued by any other government with 

25 jurisdiction over the individual or entity or by 


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1 the same government that issued the mandatory 

2 standards and regulations, the plaintiff may es3 tablish that the individual or entity did not 

4 make reasonable efforts in light of all the cir5 cumstances to comply with the applicable gov6 ernment standards and guidance for purposes 

7 of subsection (a)(1) by establishing by clear and 

8 convincing evidence that the individual or entity 

9 was not making reasonable efforts in light of all 

10 the circumstances to comply with the manda11 tory standards and regulations to which the in12 dividual or entity was subject. 

13 (2) WRITTEN OR PUBLISHED POLICY.— 

14 (A) IN GENERAL.—If an individual or enti15 ty engaged in businesses, services, activities, or 

16 accommodations maintained a written or pub17 lished policy on the mitigation of transmission 

18 of coronavirus at the time of the actual, alleged, 

19 feared, or potential for exposure to coronavirus 

20 that complied with, or was more protective 

21 than, the applicable government standards and 

22 guidance to which the individual or entity was 

23 subject, the individual or entity shall be pre24 sumed to have made reasonable efforts in light 

25 of all the circumstances to comply with the apVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 plicable government standards and guidance for 

2 purposes of subsection (a)(1). 

3 (B) REBUTTAL.—The plaintiff may rebut 

4 the presumption under subparagraph (A) by es5 tablishing that the individual or entity was not 

6 complying with the written or published policy 

7 at the time of the actual, alleged, feared, or po8 tential for exposure to coronavirus. 

9 (C) ABSENCE OF A WRITTEN OR PUB10 LISHED POLICY.—The absence of a written or 

11 published policy shall not give rise to a pre12 sumption that the individual or entity did not 

13 make reasonable efforts in light of all the cir14 cumstances to comply with the applicable gov15 ernment standards and guidance for purposes 

16 of subsection (a)(1). 

17 (3) TIMING.—For purposes of subsection 

18 (a)(1), a change to a policy or practice by an indi19 vidual or entity before or after the actual, alleged, 

20 feared, or potential for exposure to coronavirus, shall 

21 not be evidence of liability for the actual, alleged, 

22 feared, or potential for exposure to coronavirus. 

23 (c) THIRD PARTIES.—No individual or entity shall be 

24 held liable in a coronavirus exposure action for the acts 

25 or omissions of a third party, unless— 


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1 (1) the individual or entity had an obligation 

2 under general common law principles to control the 

3 acts or omissions of the third party; or 

4 (2) the third party was an agent of the indi5 vidual or entity. 

6 (d) MITIGATION.—Changes to the policies, practices, 

7 or procedures of an individual or entity for complying with 

8 the applicable government standards and guidance after 

9 the time of the actual, alleged, feared, or potential for ex10 posure to coronavirus, shall not be considered evidence of 

11 liability or culpability. 

12 PART II—LIABILITY LIMITATIONS FOR HEALTH 

13 CARE PROVIDERS 

14 SEC. 2141. APPLICATION OF PART. 

15 (a) IN GENERAL.— 

16 (1) CAUSE OF ACTION.— 

17 (A) IN GENERAL.—This part creates an 

18 exclusive cause of action for coronavirus-related 

19 medical liability actions. 

20 (B) LIABILITY.—A plaintiff may prevail in 

21 a coronavirus-related medical liability action 

22 only in accordance with the requirements of this 

23 subtitle. 

24 (C) APPLICATION.—The provisions of this 

25 part shall apply to— 


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1 (i) any cause of action that is a 

2 coronavirus-related medical liability action 

3 that was filed before the date of enactment 

4 of this Act and that is pending on such 

5 date of enactment; and 

6 (ii) any coronavirus-related medical li7 ability action filed on or after such date of 

8 enactment. 

9 (2) PRESERVATION OF LIABILITY LIMITS AND

10 DEFENSES.—Except as otherwise explicitly provided 

11 in this part, nothing in this part expands any liabil12 ity otherwise imposed or limits any defense other13 wise available under Federal, State, or Tribal law. 

14 (3) IMMUNITY.—Nothing in this part abrogates 

15 the immunity of any State, or waives the immunity 

16 of any Tribal government. The limitations on liabil17 ity provided under this part shall control in any ac18 tion properly filed against a State or Tribal govern19 ment pursuant to a duly executed waiver by the 

20 State or Tribe of sovereign immunity and stating 

21 claims within the scope of this part. 

22 (b) PREEMPTION AND SUPERSEDURE.— 

23 (1) IN GENERAL.—Except as described in para24 graphs (2) through (6), this part preempts and su25 persedes any Federal, State, or Tribal law, including 


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1 statutes, regulations, rules, orders, proclamations, or 

2 standards that are enacted, promulgated, or estab3 lished under common law, related to recovery for 

4 personal injuries caused by, arising out of, or related 

5 to an act or omission by a health care provider in 

6 the course of arranging for or providing coronavirus7 related health care services. 

8 (2) STRICTER LAWS NOT PREEMPTED OR SU9 PERSEDED.—Nothing in this part shall be construed 

10 to affect the applicability of any provision of any 

11 Federal, State, or Tribal law that imposes stricter 

12 limits on damages or liabilities for personal injury 

13 caused by, arising out of, or related to an act or 

14 omission by a health care provider in the course of 

15 arranging for or providing coronavirus-related health 

16 care services, or otherwise affords greater protection 

17 to defendants in any coronavirus-related medical li18 ability action than are provided in this part. Any 

19 such provision of Federal, State, or Tribal law shall 

20 be applied in addition to the requirements of this 

21 part and not in lieu thereof. 

22 (3) ENFORCEMENT ACTIONS.—Nothing in this 

23 part shall be construed to impair, limit, or affect the 

24 authority of the Federal Government, or of any 

25 State, local, or Tribal government to bring any 


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1 criminal, civil, or administrative enforcement action 

2 against any health care provider. 

3 (4) DISCRIMINATION CLAIMS.—Nothing in this 

4 part shall be construed to affect the applicability of 

5 any provision of any Federal, State, or Tribal law 

6 that creates a cause of action for intentional dis7 crimination on the basis of race, color, national ori8 gin, religion, sex (including pregnancy), disability, 

9 genetic information, or age. 

10 (5) PUBLIC READINESS AND EMERGENCY PRE11 PAREDNESS.—Nothing in this part shall be con12 strued to affect the applicability of section 319F–3 

13 of the Public Health Service Act (42 U.S.C. 247d– 

14 6d) to any act or omission involving a covered coun15 termeasure, as defined in subsection (i) of such sec16 tion in arranging for or providing coronavirus-re17 lated health care services. Nothing in this part shall 

18 be construed to affect the applicability of section 

19 319F–4 of the Public Health Service Act (42 U.S.C. 

20 247d–6e). 

21 (6) VACCINE INJURY.—To the extent that title 

22 XXI of the Public Health Service Act (42 U.S.C. 

23 300aa–1 et seq.) establishes a Federal rule applica24 ble to a civil action brought for a vaccine-related inVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 jury or death, this part does not affect the applica2 tion of that rule to such an action. 

3 (c) STATUTE OF LIMITATIONS.—A coronavirus-re4 lated medical liability action may not be commenced in 

5 any Federal, State, or Tribal government court later than 

6 1 year after the date of the alleged harm, damage, breach, 

7 or tort, unless tolled for— 

8 (1) proof of fraud; 

9 (2) intentional concealment; or 

10 (3) the presence of a foreign body, which has no 

11 therapeutic or diagnostic purpose or effect, in the 

12 person of the injured person. 

13 SEC. 2142. LIABILITY FOR HEALTH CARE PROFESSIONALS 

14 AND HEALTH CARE FACILITIES DURING 

15 CORONAVIRUS PUBLIC HEALTH EMERGENCY. 

16 (a) REQUIREMENTS FOR LIABILITY FOR

17 CORONAVIRUS-RELATED HEALTH CARE SERVICES.—Not18 withstanding any other provision of law, and except as 

19 provided in subsection (b), no health care provider shall 

20 be liable in a coronavirus-related medical liability action 

21 unless the plaintiff can prove by clear and convincing evi22 dence— 

23 (1) gross negligence or willful misconduct by 

24 the health care provider; and 


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1 (2) that the alleged harm, damage, breach, or 

2 tort resulting in the personal injury was directly 

3 caused by the alleged gross negligence or willful mis4 conduct. 

5 (b) EXCEPTIONS.—For purposes of this section, acts, 

6 omissions, or decisions resulting from a resource or staff7 ing shortage shall not be considered willful misconduct or 

8 gross negligence. 

9 PART III—SUBSTANTIVE AND PROCEDURAL PRO10 VISIONS FOR CORONAVIRUS-RELATED AC11 TIONS GENERALLY 

12 SEC. 2161. JURISDICTION. 

13 (a) JURISDICTION.—The district courts of the United 

14 States shall have concurrent original jurisdiction of any 

15 coronavirus-related action. 

16 (b) REMOVAL.— 

17 (1) IN GENERAL.—A coronavirus-related action 

18 of which the district courts of the United States 

19 have original jurisdiction under subsection (a) that 

20 is brought in a State or Tribal government court 

21 may be removed to a district court of the United 

22 States in accordance with section 1446 of title 28, 

23 United States Code, except that— 

24 (A) notwithstanding subsection (b)(2)(A) 

25 of such section, such action may be removed by 


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1 any defendant without the consent of all de2 fendants; and 

3 (B) notwithstanding subsection (b)(1) of 

4 such section, for any cause of action that is a 

5 coronavirus-related action that was filed in a 

6 State court before the date of enactment of this 

7 Act and that is pending in such court on such 

8 date of enactment, and of which the district 

9 courts of the United States have original juris10 diction under subsection (a), any defendant 

11 may file a notice of removal of a civil action or 

12 proceeding within 30 days of the date of enact13 ment of this Act. 

14 (2) PROCEDURE AFTER REMOVAL.—Section 

15 1447 of title 28, United States Code, shall apply to 

16 any removal of a case under paragraph (1), except 

17 that, notwithstanding subsection (d) of such section, 

18 a court of appeals of the United States shall accept 

19 an appeal from an order of a district court granting 

20 or denying a motion to remand the case to the State 

21 or Tribal government court from which it was re22 moved if application is made to the court of appeals 

23 of the United States not later than 10 days after the 

24 entry of the order. 


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1 SEC. 2162. LIMITATIONS ON SUITS. 

2 (a) JOINT AND SEVERAL LIABILITY LIMITATIONS.— 

3 (1) IN GENERAL.—An individual or entity 

4 against whom a final judgment is entered in any 

5 coronavirus-related action shall be liable solely for 

6 the portion of the judgment that corresponds to the 

7 relative and proportionate responsibility of that indi8 vidual or entity. In determining the percentage of re9 sponsibility of any defendant, the trier of fact shall 

10 determine that percentage as a percentage of the 

11 total fault of all individuals or entities, including the 

12 plaintiff, who caused or contributed to the total loss 

13 incurred by the plaintiff. 

14 (2) PROPORTIONATE LIABILITY.— 

15 (A) DETERMINATION OF RESPONSI16 BILITY.—In any coronavirus-related action, the 

17 court shall instruct the jury to answer special 

18 interrogatories, or, if there is no jury, the court 

19 shall make findings with respect to each defend20 ant, including defendants who have entered into 

21 settlements with the plaintiff or plaintiffs, con22 cerning the percentage of responsibility, if any, 

23 of each defendant, measured as a percentage of 

24 the total fault of all individuals or entities who 

25 caused or contributed to the loss incurred by 

26 the plaintiff. 


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1 (B) FACTORS FOR CONSIDERATION.—In 

2 determining the percentage of responsibility 

3 under this subsection, the trier of fact shall 

4 consider— 

5 (i) the nature of the conduct of each 

6 individual or entity found to have caused 

7 or contributed to the loss incurred by the 

8 plaintiff; and 

9 (ii) the nature and extent of the caus10 al relationship between the conduct of each 

11 such individual or entity and the damages 

12 incurred by the plaintiff. 

13 (3) JOINT LIABILITY FOR SPECIFIC INTENT OR

14 FRAUD.—Notwithstanding paragraph (1), in any 

15 coronavirus-related action the liability of a defendant 

16 is joint and several if the trier of fact specifically de17 termines that the defendant— 

18 (A) acted with specific intent to injure the 

19 plaintiff; or 

20 (B) knowingly committed fraud. 

21 (4) RIGHT TO CONTRIBUTION NOT AF22 FECTED.—Nothing in this subsection affects the 

23 right, under any other law, of a defendant to con24 tribution with respect to another defendant deter25 mined under paragraph (3) to have acted with speVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 cific intent to injure the plaintiff or to have know2 ingly committed fraud. 

3 (b) LIMITATIONS ON DAMAGES.—In any coronavirus4 related action— 

5 (1) the award of compensatory damages shall 

6 be limited to economic losses incurred as the result 

7 of the personal injury, harm, damage, breach, or 

8 tort, except that the court may award damages for 

9 noneconomic losses if the trier of fact determines 

10 that the personal injury, harm, damage, breach, or 

11 tort was caused by the willful misconduct of the in12 dividual or entity; 

13 (2) punitive damages— 

14 (A) may be awarded only if the trier of 

15 fact determines that the personal injury to the 

16 plaintiff was caused by the willful misconduct of 

17 the individual or entity; and 

18 (B) may not exceed the amount of compen19 satory damages awarded; and 

20 (3) the amount of monetary damages awarded 

21 to a plaintiff shall be reduced by the amount of com22 pensation received by the plaintiff from another 

23 source in connection with the personal injury, harm, 

24 damage, breach, or tort, such as insurance or reim25 bursement by a government. 


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1 (c) PREEMPTION AND SUPERSEDURE.— 

2 (1) IN GENERAL.—Except as described in para3 graphs (2) and (3), this section preempts and super4 sedes any Federal, State, or Tribal law, including 

5 statutes, regulations, rules, orders, proclamations, or 

6 standards that are enacted, promulgated, or estab7 lished under common law, related to joint and sev8 eral liability, proportionate or contributory liability, 

9 contribution, or the award of damages for any 

10 coronavirus-related action. 

11 (2) STRICTER LAWS NOT PREEMPTED OR SU12 PERSEDED.—Nothing in this section shall be con13 strued to affect the applicability of any provision of 

14 any Federal, State, or Tribal law that— 

15 (A) limits the liability of a defendant in a 

16 coronavirus-related action to a lesser degree of 

17 liability than the degree of liability determined 

18 under this section; 

19 (B) otherwise affords a greater degree of 

20 protection from joint or several liability than is 

21 afforded by this section; or 

22 (C) limits the damages that can be recov23 ered from a defendant in a coronavirus-related 

24 action to a lesser amount of damages than the 

25 amount determined under this section. 


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1 (3) PUBLIC READINESS AND EMERGENCY PRE2 PAREDNESS.—Nothing in this part shall be con3 strued to affect the applicability of section 319F–3 

4 of the Public Health Service Act (42 U.S.C. 247d– 

5 6d) to any act or omission involving a covered coun6 termeasure, as defined in subsection (i) of such sec7 tion in arranging for or providing coronavirus-re8 lated health care services. Nothing in this part shall 

9 be construed to affect the applicability of section 

10 319F–4 of the Public Health Service Act (42 U.S.C. 

11 247d–6e). 

12 SEC. 2163. PROCEDURES FOR SUIT IN DISTRICT COURTS OF 

13 THE UNITED STATES. 

14 (a) PLEADING WITH PARTICULARITY.—In any 

15 coronavirus-related action filed in or removed to a district 

16 court of the United States— 

17 (1) the complaint shall plead with particu18 larity— 

19 (A) each element of the plaintiff’s claim; 

20 and 

21 (B) with respect to a coronavirus exposure 

22 action, all places and persons visited by the per23 son on whose behalf the complaint was filed and 

24 all persons who visited the residence of the per25 son on whose behalf the complaint was filed 


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1 during the 14-day-period before the onset of the 

2 first symptoms allegedly caused by coronavirus, 

3 including— 

4 (i) each individual or entity against 

5 which a complaint is filed, along with the 

6 factual basis for the belief that such indi7 vidual or entity was a cause of the per8 sonal injury alleged; and 

9 (ii) every other person or place visited 

10 by the person on whose behalf the com11 plaint was filed and every other person 

12 who visited the residence of the person on 

13 whose behalf the complaint was filed dur14 ing such period, along with the factual 

15 basis for the belief that these persons and 

16 places were not the cause of the personal 

17 injury alleged; and 

18 (2) the complaint shall plead with particularity 

19 each alleged act or omission constituting gross neg20 ligence or willful misconduct that resulted in per21 sonal injury, harm, damage, breach, or tort. 

22 (b) SEPARATE STATEMENTS CONCERNING THE NA23 TURE AND AMOUNT OF DAMAGES AND REQUIRED STATE

24 OF MIND.— 


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1 (1) NATURE AND AMOUNT OF DAMAGES.—In 

2 any coronavirus-related action filed in or removed to 

3 a district court of the United States in which mone4 tary damages are requested, there shall be filed with 

5 the complaint a statement of specific information as 

6 to the nature and amount of each element of dam7 ages and the factual basis for the damages calcula8 tion. 

9 (2) REQUIRED STATE OF MIND.—In any 

10 coronavirus-related action filed in or removed to a 

11 district court of the United States in which a claim 

12 is asserted on which the plaintiff may prevail only on 

13 proof that the defendant acted with a particular 

14 state of mind, there shall be filed with the com15 plaint, with respect to each element of that claim, a 

16 statement of the facts giving rise to a strong infer17 ence that the defendant acted with the required 

18 state of mind. 

19 (c) VERIFICATION AND MEDICAL RECORDS.— 

20 (1) VERIFICATION REQUIREMENT.— 

21 (A) IN GENERAL.—The complaint in a 

22 coronavirus-related action filed in or removed to 

23 a district court of the United States shall in24 clude a verification, made by affidavit of the 

25 plaintiff under oath, stating that the pleading is 


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1 true to the knowledge of the deponent, except 

2 as to matters specifically identified as being al3 leged on information and belief, and that as to 

4 those matters the plaintiff believes it to be true. 

5 (B) IDENTIFICATION OF MATTERS AL6 LEGED UPON INFORMATION AND BELIEF.—Any 

7 matter that is not specifically identified as 

8 being alleged upon the information and belief of 

9 the plaintiff, shall be regarded for all purposes, 

10 including a criminal prosecution, as having been 

11 made upon the knowledge of the plaintiff. 

12 (2) MATERIALS REQUIRED.—In any 

13 coronavirus-related action filed in or removed to a 

14 district court of the United States, the plaintiff shall 

15 file with the complaint— 

16 (A) an affidavit by a physician or other 

17 qualified medical expert who did not treat the 

18 person on whose behalf the complaint was filed 

19 that explains the basis for such physician’s or 

20 other qualified medical expert’s belief that such 

21 person suffered the personal injury, harm, dam22 age, breach, or tort alleged in the complaint; 

23 and 


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1 (B) certified medical records documenting 

2 the alleged personal injury, harm, damage, 

3 breach, or tort. 

4 (d) APPLICATION WITH FEDERAL RULES OF CIVIL

5 PROCEDURE.—This section applies exclusively to any 

6 coronavirus-related action filed in or removed to a district 

7 court of the United States and, except to the extent that 

8 this section requires additional information to be con9 tained in or attached to pleadings, nothing in this section 

10 is intended to amend or otherwise supersede applicable 

11 rules of Federal civil procedure. 

12 (e) CIVIL DISCOVERY FOR ACTIONS IN DISTRICT

13 COURTS OF THE UNITED STATES.— 

14 (1) TIMING.—Notwithstanding any other provi15 sion of law, in any coronavirus-related action filed in 

16 or removed to a district court of the United States, 

17 no discovery shall be allowed before— 

18 (A) the time has expired for the defendant 

19 to answer or file a motion to dismiss; and 

20 (B) if a motion to dismiss is filed, the 

21 court has ruled on the motion. 

22 (2) STANDARD.—Notwithstanding any other 

23 provision of law, the court in any coronavirus-related 

24 action that is filed in or removed to a district court 

25 of the United States— 


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1 (A) shall permit discovery only with re2 spect to matters directly related to material 

3 issues contested in the coronavirus-related ac4 tion; and 

5 (B) may compel a response to a discovery 

6 request (including a request for admission, an 

7 interrogatory, a request for production of docu8 ments, or any other form of discovery request) 

9 under rule 37 of the Federal Rules of Civil Pro10 cedure, only if the court finds that— 

11 (i) the requesting party needs the in12 formation sought to prove or defend as to 

13 a material issue contested in such action; 

14 and 

15 (ii) the likely benefits of a response to 

16 such request equal or exceed the burden or 

17 cost for the responding party of providing 

18 such response. 

19 (f) INTERLOCUTORY APPEAL AND STAY OF DIS20 COVERY.—The courts of appeals of the United States shall 

21 have jurisdiction of an appeal from a motion to dismiss 

22 that is denied in any coronavirus-related action in a dis23 trict court of the United States. The district court shall 

24 stay all discovery in such a coronavirus-related action until 

25 the court of appeals has disposed of the appeal. 


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1 (g) CLASS ACTIONS AND MULTIDISTRICT LITIGA2 TION PROCEEDINGS.— 

3 (1) CLASS ACTIONS.—In any coronavirus-re4 lated action that is filed in or removed to a district 

5 court of the United States and is maintained as a 

6 class action or multidistrict litigation— 

7 (A) an individual or entity shall only be a 

8 member of the class if the individual or entity 

9 affirmatively elects to be a member; and 

10 (B) the court, in addition to any other no11 tice required by applicable Federal or State law, 

12 shall direct notice of the action to each member 

13 of the class, which shall include— 

14 (i) a concise and clear description of 

15 the nature of the action; 

16 (ii) the jurisdiction where the case is 

17 pending; and 

18 (iii) the fee arrangements with class 

19 counsel, including— 

20 (I) the hourly fee being charged; 

21 or 

22 (II) if it is a contingency fee, the 

23 percentage of the final award which 

24 will be paid, including an estimate of 

25 the total amount that would be paid if 


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1 the requested damages were to be 

2 granted; and 

3 (III) if the cost of the litigation 

4 is being financed, a description of the 

5 financing arrangement. 

6 (2) MULTIDISTRICT LITIGATIONS.— 

7 (A) TRIAL PROHIBITION.—In any coordi8 nated or consolidated pretrial proceedings con9 ducted pursuant to section 1407(b) of title 28, 

10 United States Code, the judge or judges to 

11 whom coronavirus-related actions are assigned 

12 by the Judicial Panel on Multidistrict Litigation 

13 may not conduct a trial in a coronavirus-related 

14 action transferred to or directly filed in the pro15 ceedings unless all parties to that coronavirus16 related action consent. 

17 (B) REVIEW OF ORDERS.—The court of 

18 appeals of the United States having jurisdiction 

19 over the transferee district court shall permit 

20 an appeal to be taken from any order issued in 

21 the conduct of coordinated or consolidated pre22 trial proceedings conducted pursuant to section 

23 1407(b) of title 28, United States Code, if the 

24 order is applicable to 1 or more coronavirus-re25 lated actions and an immediate appeal from the 


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1 order may materially advance the ultimate ter2 mination of 1 or more coronavirus-related ac3 tions in the proceedings. 

4 SEC. 2164. DEMAND LETTERS; CAUSE OF ACTION. 

5 (a) CAUSE OF ACTION.—If any person transmits or 

6 causes another to transmit in any form and by any means 

7 a demand for remuneration in exchange for settling, re8 leasing, waiving, or otherwise not pursuing a claim that 

9 is, or could be, brought as part of a coronavirus-related 

10 action, the party receiving such a demand shall have a 

11 cause of action for the recovery of damages occasioned by 

12 such demand and for declaratory judgment in accordance 

13 with chapter 151 of title 28, United States Code, if the 

14 claim for which the letter was transmitted was meritless. 

15 (b) DAMAGES.—Damages available under subsection 

16 (a) shall include— 

17 (1) compensatory damages including costs in18 curred in responding to the demand; and 

19 (2) punitive damages, if the court determines 

20 that the defendant had knowledge or was reckless 

21 with regard to the fact that the claim was meritless. 

22 (c) ATTORNEY’S FEES AND COSTS.—In an action 

23 commenced under subsection (a), if the plaintiff is a pre24 vailing party, the court shall, in addition to any judgment 


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1 awarded to a plaintiff, allow a reasonable attorney’s fee 

2 to be paid by the defendant, and costs of the action. 

3 (d) JURISDICTION.—The district courts of the United 

4 States shall have concurrent original jurisdiction of all 

5 claims arising under subsection (a). 

6 (e) ENFORCEMENT BY THE ATTORNEY GENERAL.— 

7 (1) IN GENERAL.—Whenever the Attorney Gen8 eral has reasonable cause to believe that any person 

9 or group of persons is engaged in a pattern or prac10 tice of transmitting demands for remuneration in ex11 change for settling, releasing, waiving, or otherwise 

12 not pursuing a claim that is, or could be, brought 

13 as part of a coronavirus-related action and that is 

14 meritless, the Attorney General may commence a 

15 civil action in any appropriate district court of the 

16 United States. 

17 (2) RELIEF.—In a civil action under paragraph 

18 (1), the court may, to vindicate the public interest, 

19 assess a civil penalty against the respondent in an 

20 amount not exceeding $50,000 per transmitted de21 mand for remuneration in exchange for settling, re22 leasing, waiving or otherwise not pursuing a claim 

23 that is meritless. 

24 (3) DISTRIBUTION OF CIVIL PENALTIES.—If 

25 the Attorney General obtains civil penalties in acVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 cordance with paragraph (2), the Attorney General 

2 shall distribute the proceeds equitably among those 

3 persons aggrieved by the respondent’s pattern or 

4 practice of transmitting demands for remuneration 

5 in exchange for settling, releasing, waiving or other6 wise not pursuing a claim that is meritless. 

7 PART IV—RELATION TO LABOR AND 

8 EMPLOYMENT LAWS 

9 SEC. 2181. LIMITATION ON VIOLATIONS UNDER SPECIFIC 

10 LAWS. 

11 (a) IN GENERAL.— 

12 (1) DEFINITION.—In this subsection, the term 

13 ‘‘covered Federal employment law’’ means any of the 

14 following: 

15 (A) The Occupational Safety and Health 

16 Act of 1970 (29 U.S.C. 651 et seq.) (including 

17 any standard included in a State plan approved 

18 under section 18 of such Act (29 U.S.C. 667)). 

19 (B) The Fair Labor Standards Act of 

20 1938 (29 U.S.C. 201 et seq.). 

21 (C) The Age Discrimination in Employ22 ment Act of 1967 (29 U.S.C. 621 et seq.). 

23 (D) The Worker Adjustment and Retrain24 ing Notification Act (29 U.S.C. 2101 et seq.). 


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1 (E) Title VII of the Civil Rights Act of 

2 1964 (42 U.S.C. 2000e et seq.). 

3 (F) Title II of the Genetic Information 

4 Nondiscrimination Act of 2008 (42 U.S.C. 

5 2000ff et seq.). 

6 (G) Title I of the Americans with Disabil7 ities Act of 1990 (42 U.S.C. 12111 et seq.). 

8 (2) LIMITATION.—Notwithstanding any provi9 sion of a covered Federal employment law, in any 

10 action, proceeding, or investigation resulting from or 

11 related to an actual, alleged, feared, or potential for 

12 exposure to coronavirus, or a change in working con13 ditions caused by a law, rule, declaration, or order 

14 related to coronavirus, an employer shall not be sub15 ject to any enforcement proceeding or liability under 

16 any provision of a covered Federal employment law 

17 if the employer— 

18 (A) was relying on and generally following 

19 applicable government standards and guidance; 

20 (B) knew of the obligation under the rel21 evant provision; and 

22 (C) attempted to satisfy any such obliga23 tion by— 

24 (i) exploring options to comply with 

25 such obligations and with the applicable 


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1 government standards and guidance (such 

2 as through the use of virtual training or 

3 remote communication strategies); 

4 (ii) implementing interim alternative 

5 protections or procedures; or 

6 (iii) following guidance issued by the 

7 relevant agency with jurisdiction with re8 spect to any exemptions from such obliga9 tion. 

10 (b) PUBLIC ACCOMMODATION LAWS.— 

11 (1) DEFINITIONS.—In this subsection— 

12 (A) the term ‘‘auxiliary aids and services’’ 

13 has the meaning given the term in section 4 of 

14 the Americans with Disabilities Act of 1990 (42 

15 U.S.C. 12103); 

16 (B) the term ‘‘covered public accommoda17 tion law’’ means— 

18 (i) title III of the Americans with Dis19 abilities Act of 1990 (42 U.S.C. 12181 et 

20 seq.); or 

21 (ii) title II of the Civil Rights Act of 

22 1964 (42 U.S.C. 2000a et seq.); 

23 (C) the term ‘‘place of public accommoda24 tion’’ means— 


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1 (i) a place of public accommodation, 

2 as defined in section 201 of the Civil 

3 Rights Act of 1964 (42 U.S.C. 2000a); or 

4 (ii) a public accommodation, as de5 fined in section 301 of the Americans with 

6 Disabilities Act of 1990 (42 U.S.C. 

7 12181); and 

8 (D) the term ‘‘public health emergency pe9 riod’’ means a period designated a public health 

10 emergency period by a Federal, State, or local 

11 government authority. 

12 (2) ACTIONS AND MEASURES DURING A PUBLIC

13 HEALTH EMERGENCY.— 

14 (A) IN GENERAL.—Notwithstanding any 

15 other provision of law or regulation, during any 

16 public health emergency period, no person who 

17 owns, leases (or leases to), or operates a place 

18 of public accommodation shall be liable under, 

19 or found in violation of, any covered public ac20 commodation law for any action or measure 

21 taken regarding coronavirus and that place of 

22 public accommodation, if such person— 

23 (i) has determined that the significant 

24 risk of substantial harm to public health or 

25 the health of employees cannot be reduced 


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1 or eliminated by reasonably modifying poli2 cies, practices, or procedures, or the provi3 sion of an auxiliary aid or service; or 

4 (ii) has offered such a reasonable 

5 modification or auxiliary aid or service but 

6 such offer has been rejected by the indi7 vidual protected by the covered law. 

8 (B) REQUIRED WAIVER PROHIBITED.—For 

9 purposes of this subsection, no person who 

10 owns, leases (or leases to), or operates a place 

11 of public accommodation shall be required to 

12 waive any measure, requirement, or rec13 ommendation that has been adopted in accord14 ance with a requirement or recommendation 

15 issued by the Federal Government or any State 

16 or local government with regard to coronavirus, 

17 in order to offer such a reasonable modification 

18 or auxiliary aids and services. 

19 SEC. 2182. LIABILITY FOR CONDUCTING TESTING AT WORK20 PLACE. 

21 Notwithstanding any other provision of Federal, 

22 State, or local law, an employer, or other person who hires 

23 or contracts with other individuals to provide services, that 

24 conducts tests for coronavirus on the employees of the em25 ployer or persons hired or contracted to provide services 


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1 shall not be liable for any action or personal injury directly 

2 resulting from such testing, except for those personal inju3 ries caused by the gross negligence or intentional mis4 conduct of the employer or other person. 

5 SEC. 2183. JOINT EMPLOYMENT AND INDEPENDENT CON6 TRACTING. 

7 Notwithstanding any other provision of Federal or 

8 State law, including any covered Federal employment law 

9 (as defined in section 2181(a)), the Labor Management 

10 Relations Act, 1947 (29 U.S.C. 141 et seq.), the Employ11 ment Retirement Income Security Act of 1974 (29 U.S.C. 

12 1001 et seq.), and the Family and Medical Leave Act of 

13 1993 (29 U.S.C. 2601 et seq.), it shall not constitute evi14 dence of a joint employment relationship or employment 

15 relationship for any employer to provide or require, for 

16 an employee of another employer or for an independent 

17 contractor, any of the following: 

18 (1) Coronavirus-related policies, procedures, or 

19 training. 

20 (2) Personal protective equipment or training 

21 for the use of such equipment. 

22 (3) Cleaning or disinfecting services or the 

23 means for such cleaning or disinfecting. 

24 (4) Workplace testing for coronavirus. 


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1 (5) Temporary assistance due to coronavirus, 

2 including financial assistance or other health and 

3 safety benefits. 

4 SEC. 2184. EXCLUSION OF CERTAIN NOTIFICATION RE5 QUIREMENTS AS A RESULT OF THE COVID–19 

6 PUBLIC HEALTH EMERGENCY. 

7 (a) DEFINITIONS.—Section 2(a) of the Worker Ad8 justment and Retraining Notification Act (29 U.S.C. 

9 2101(a)) is amended— 

10 (1) in paragraph (2), by adding before the 

11 semicolon at the end the following: ‘‘and the shut12 down, if occurring during the covered period, is not 

13 a result of the COVID–19 national emergency’’; 

14 (2) in paragraph (3)— 

15 (A) in subparagraph (A), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (B), by adding ‘‘and’’ 

18 at the end; and 

19 (C) by adding at the end the following: 

20 ‘‘(C) if occurring during the covered pe21 riod, is not a result of the COVID–19 national 

22 emergency;’’; 

23 (3) in paragraph (7), by striking ‘‘and’’; 

24 (4) in paragraph (8), by striking the period at 

25 the end and inserting a semicolon; and 


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1 (5) by adding at the end the following: 

2 ‘‘(9) the term ‘covered period’ means the period 

3 that— 

4 ‘‘(A) begins on January 1, 2020; and 

5 ‘‘(B) ends 90 days after the last date of 

6 the COVID–19 national emergency; and 

7 ‘‘(10) the term ‘COVID–19 national emergency’ 

8 means the national emergency declared by the Presi9 dent under the National Emergencies Act (50 

10 U.S.C. 1601 et seq.) with respect to the Coronavirus 

11 Disease 2019 (COVID–19).’’. 

12 (b) EXCLUSION FROM DEFINITION OF EMPLOYMENT

13 LOSS.—Section 2(b) of the Worker Adjustment and Re14 training Notification Act (29 U.S.C. 2101(b)) is amended 

15 by adding at the end the following: 

16 ‘‘(3) Notwithstanding subsection (a)(6), during 

17 the covered period an employee may not be consid18 ered to have experienced an employment loss if the 

19 termination, layoff exceeding 6 months, or reduction 

20 in hours of work of more than 50 percent during 

21 each month of any 6-month period involved is a re22 sult of the COVID–19 national emergency.’’. 


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1 Subtitle B—Products 

2 SEC. 2201. APPLICABILITY OF THE TARGETED LIABILITY 

3 PROTECTIONS FOR PANDEMIC AND EPI4 DEMIC PRODUCTS AND SECURITY COUNTER5 MEASURES WITH RESPECT TO COVID–19. 

6 (a) IN GENERAL.—Section 319F–3(i)(1) of the Pub7 lic Health Service Act (42 U.S.C. 247d–6d(i)(1)) is 

8 amended— 

9 (1) in subparagraph (C), by striking ‘‘; or’’ and 

10 inserting a semicolon; 

11 (2) in subparagraph (D), by striking the period 

12 and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(E) a drug (as such term is defined in 

15 section 201(g)(1) of the Federal Food, Drug, 

16 and Cosmetic Act), biological product (including 

17 a vaccine) (as such term is defined in section 

18 351(i)), or device (as such term is defined in 

19 section 201(h) of the Federal Food, Drug, and 

20 Cosmetic Act) that— 

21 ‘‘(i) is the subject of a notice of use 

22 of enforcement discretion issued by the 

23 Secretary if such drug, biological product, 

24 or device is used— 

25 ‘‘(I) when such notice is in effect; 


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1 ‘‘(II) within the scope of such no2 tice; and 

3 ‘‘(III) in compliance with other 

4 applicable requirements of the Federal 

5 Food, Drug, and Cosmetic Act that 

6 are not the subject of such notice; 

7 ‘‘(ii) in the case of a device, is exempt 

8 from the requirement under section 510(k) 

9 of the Federal Food, Drug, and Cosmetic 

10 Act; or 

11 ‘‘(iii) in the case of a drug— 

12 ‘‘(I) meets the requirements for 

13 marketing under a final administra14 tive order under section 505G of the 

15 Federal Food, Drug, and Cosmetic 

16 Act; or 

17 ‘‘(II) is marketed in accordance 

18 with section 505G(a)(3) of such Act.’’. 

19 (b) CLARIFYING MEANS OF DISTRIBUTION.—Section 

20 319F–3(a)(5) of the Public Health Service Act (42 U.S.C. 

21 247d–6d(a)(5)) is amended by inserting ‘‘by, or in part22 nership with, Federal, State, or local public health officials 

23 or the private sector’’ after ‘‘distribution’’ the first place 

24 it appears. 


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1 (c) NO CHANGE TO ADMINISTRATIVE PROCEDURE

2 ACT APPLICATION TO ENFORCEMENT DISCRETION EXER3 CISE.—Section 319F–3 of the Public Health Service Act 

4 (42 U.S.C. 247d–6d) is amended by adding at the end 

5 the following: 

6 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed— 

8 ‘‘(1) to require use of procedures described in 

9 section 553 of title 5, United States Code, for a no10 tice of use of enforcement discretion for which such 

11 procedures are not otherwise required; or 

12 ‘‘(2) to affect whether such notice constitutes 

13 final agency action within the meaning of section 

14 704 of title 5, United States Code.’’. 

15 Subtitle C—General Provisions 

16 SEC. 2301. SEVERABILITY. 

17 If any provision of this title, an amendment made by 

18 this title, or the application of such a provision or amend19 ment to any person or circumstance is held to be unconsti20 tutional, the remaining provisions of and amendments 

21 made by this title, as well as the application of such provi22 sion or amendment to any person other than the parties 

23 to the action holding the provision or amendment to be 

24 unconstitutional, or to any circumstances other than those 

25 presented in such action, shall not be affected thereby. 


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1 TITLE III—ASSISTANCE FOR 

2 AMERICAN FAMILIES 

3 SEC. 3001. SHORT TITLE. 

4 This title may be cited as the ‘‘Continued Financial 

5 Relief to Americans Act of 2020’’. 

6 SEC. 3002. EXTENSION OF THE FEDERAL PANDEMIC UNEM7 PLOYMENT COMPENSATION PROGRAM. 

8 (a) EXTENSION.—Section 2104(e)(2) of division A of 

9 the CARES Act (15 U.S.C. 9023(e)(2)) is amended by 

10 striking ‘‘July 31, 2020’’ and inserting ‘‘December 27, 

11 2020’’. 

12 (b) AMOUNT.— 

13 (1) IN GENERAL.—Section 2104(b) of division 

14 A of the CARES Act (15 U.S.C. 9023(b)) is amend15 ed— 

16 (A) in paragraph (1)(B), by striking ‘‘of 

17 $600’’ and inserting ‘‘equal to the amount spec18 ified in paragraph (3)’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM22 PLOYMENT COMPENSATION.—The amount specified 

23 in this paragraph is the following amount: 

24 ‘‘(A) For weeks of unemployment begin25 ning after the date on which an agreement is 


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1 entered into under this section and ending on 

2 or before July 31, 2020, $600. 

3 ‘‘(B) For weeks of unemployment begin4 ning after the last week under subparagraph 

5 (A) and ending on or before December 27, 

6 2020, $300.’’. 

7 (2) TECHNICAL AMENDMENT REGARDING AP8 PLICATION TO SHORT-TIME COMPENSATION PRO9 GRAMS AND AGREEMENTS.—Section 2104(i)(2) of 

10 division A of the CARES Act (15 U.S.C. 9023(i)(2)) 

11 is amended— 

12 (A) in subparagraph (C), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (D), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(E) short-time compensation under sec18 tion 2108 or 2109.’’. 

19 (c) EXTENSION OF ENHANCED BENEFITS UNDER

20 THE RAILROAD UNEMPLOYMENT INSURANCE ACT.—Sec21 tion 2(a)(5)(A) of the Railroad Unemployment Insurance 

22 Act (45 U.S.C. 352(a)(5)(A)) is amended by inserting 

23 after the first sentence the following new sentence: ‘‘Not24 withstanding paragraph (3), subsection (c)(1)(B), and any 

25 other limitation on total benefits in this Act, for registraVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 tion periods beginning after July 31, 2020, but on or be2 fore December 27, 2020, a recovery benefit in the amount 

3 of $600 shall be payable with respect to a qualified em4 ployee for a period in which the individual received unem5 ployment benefits under paragraph (1)(A).’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect as if included in the enact8 ment of the CARES Act (15 U.S.C. 9001 note). 

9 TITLE IV—SMALL BUSINESS 

10 PROGRAMS 

11 SEC. 4001. SMALL BUSINESS RECOVERY. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Continuing the Paycheck Protection Program Act’’. 

14 (b) DEFINITIONS.—In this section: 

15 (1) ADMINISTRATION; ADMINISTRATOR.—The 

16 terms ‘‘Administration’’ and ‘‘Administrator’’ mean 

17 the Small Business Administration and the Adminis18 trator thereof, respectively. 

19 (2) SMALL BUSINESS CONCERN.—The term 

20 ‘‘small business concern’’ has the meaning given the 

21 term in section 3 of the Small Business Act (15 

22 U.S.C. 632). 

23 (c) EMERGENCY RULEMAKING AUTHORITY.— Not 

24 later than 30 days after the date of enactment of this Act, 

25 the Administrator shall issue regulations to carry out this 


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1 section and the amendments made by this section without 

2 regard to the notice requirements under section 553(b) of 

3 title 5, United States Code. 

4 (d) ADDITIONAL ELIGIBLE EXPENSES.— 

5 (1) ALLOWABLE USE OF PPP LOAN.—Section 

6 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C. 

7 636(a)(36)(F)(i)) is amended— 

8 (A) in subclause (VI), by striking ‘‘and’’ at 

9 the end; 

10 (B) in subclause (VII), by striking the pe11 riod at the end and inserting a semicolon; and 

12 (C) by adding at the end the following: 

13 ‘‘(VIII) covered operations ex14 penditures, as defined in section 

15 1106(a) of the CARES Act (15 

16 U.S.C. 9005(a)); 

17 ‘‘(IX) covered property damage 

18 costs, as defined in such section 

19 1106(a); 

20 ‘‘(X) covered supplier costs, as 

21 defined in such section 1106(a); and 

22 ‘‘(XI) covered worker protection 

23 expenditures, as defined in such sec24 tion 1106(a).’’. 


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1 (2) LOAN FORGIVENESS.—Section 1106 of the 

2 CARES Act (15 U.S.C. 9005) is amended— 

3 (A) in subsection (a)— 

4 (i) by redesignating paragraphs (6), 

5 (7), and (8) as paragraphs (10), (11), and 

6 (12), respectively; 

7 (ii) by redesignating paragraph (5) as 

8 paragraph (8); 

9 (iii) by redesignating paragraph (4) as 

10 paragraph (6); 

11 (iv) by redesignating paragraph (3) as 

12 paragraph (4); 

13 (v) by inserting after paragraph (2) 

14 the following: 

15 ‘‘(3) the term ‘covered operations expenditure’ 

16 means a payment for any business software or cloud 

17 computing service that facilitates business oper18 ations, product or service delivery, the processing, 

19 payment, or tracking of payroll expenses, human re20 sources, sales and billing functions, or accounting or 

21 tracking of supplies, inventory, records and ex22 penses;’’; 

23 (vi) by inserting after paragraph (4), 

24 as so redesignated, the following: 


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1 ‘‘(5) the term ‘covered property damage cost’ 

2 means a cost related to property damage and van3 dalism or looting due to public disturbances that oc4 curred during 2020 that was not covered by insur5 ance or other compensation;’’; 

6 (vii) by inserting after paragraph (6), 

7 as so redesignated, the following: 

8 ‘‘(5) the term ‘covered supplier cost’ means an 

9 expenditure made by an entity to a supplier of goods 

10 pursuant to a contract in effect before February 15, 

11 2020 for the supply of goods that are essential to 

12 the operations of the entity at the time at which the 

13 expenditure is made;’’; 

14 (viii) by inserting after paragraph (8), 

15 as so redesignated, the following: 

16 ‘‘(9) the term ‘covered worker protection ex17 penditure’— 

18 ‘‘(A) means an operating or a capital ex19 penditure that is required to facilitate the adap20 tation of the business activities of an entity to 

21 comply with requirements established or guid22 ance issued by the Department of Health and 

23 Human Services, the Centers for Disease Con24 trol, or the Occupational Safety and Health Ad25 ministration during the period beginning on 


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1 March 1, 2020 and ending December 31, 2020 

2 related to the maintenance of standards for 

3 sanitation, social distancing, or any other work4 er or customer safety requirement related to 

5 COVID–19; 

6 ‘‘(B) may include— 

7 ‘‘(i) the purchase, maintenance, or 

8 renovation of assets that create or ex9 pand— 

10 ‘‘(I) a drive-through window fa11 cility; 

12 ‘‘(II) an indoor, outdoor, or com13 bined air or air pressure ventilation or 

14 filtration system; 

15 ‘‘(III) a physical barrier such as 

16 a sneeze guard; 

17 ‘‘(IV) an indoor, outdoor, or com18 bined commercial real property; 

19 ‘‘(V) an onsite or offsite health 

20 screening capability; or 

21 ‘‘(VI) other assets relating to the 

22 compliance with the requirements or 

23 guidance described in subparagraph 

24 (A), as determined by the Adminis25 trator in consultation with the SecVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 retary of Health and Human Services 

2 and the Secretary of Labor; and 

3 ‘‘(ii) the purchase of— 

4 ‘‘(I) covered materials described 

5 in section 328.103(a) of title 44, Code 

6 of Federal Regulations, or any suc7 cessor regulation; 

8 ‘‘(II) particulate filtering face9 piece respirators approved by the Na10 tional Institute for Occupational Safe11 ty and Health, including those ap12 proved only for emergency use author13 ization; or 

14 ‘‘(III) other kinds of personal 

15 protective equipment, as determined 

16 by the Administrator in consultation 

17 with the Secretary of Health and 

18 Human Services and the Secretary of 

19 Labor; and 

20 ‘‘(C) does not include residential real prop21 erty or intangible property;’’; and 

22 (ix) in paragraph (11), as so redesig23 nated— 

24 (I) in subparagraph (C), by strik25 ing ‘‘and’’ at the end; 


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1 (II) in subparagraph (D), by 

2 striking ‘‘and’’ at the end; and 

3 (III) by adding at the end the 

4 following: 

5 ‘‘(E) covered operations expenditures; 

6 ‘‘(F) covered property damage costs; 

7 ‘‘(G) covered supplier costs; and 

8 ‘‘(H) covered worker protection expendi9 tures; and’’; 

10 (B) in subsection (b), by adding at the end 

11 the following: 

12 ‘‘(5) Any covered operations expenditure. 

13 ‘‘(6) Any covered property damage cost. 

14 ‘‘(7) Any covered supplier cost. 

15 ‘‘(8) Any covered worker protection expendi16 ture.’’; 

17 (C) in subsection (d)(8), by inserting ‘‘any 

18 payment on any covered operations expenditure, 

19 any payment on any covered property damage 

20 cost, any payment on any covered supplier cost, 

21 any payment on any covered worker protection 

22 expenditure,’’ after ‘‘rent obligation,’’; and 

23 (D) in subsection (e)— 

24 (i) in paragraph (2), by inserting 

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1 tures, payments on covered property dam2 age costs, payments on covered supplier 

3 costs, payments on covered worker protec4 tion expenditures,’’ after ‘‘lease obliga5 tions,’’; and 

6 (ii) in paragraph (3)(B), by inserting 

7 ‘‘make payments on covered operations ex8 penditures, make payments on covered 

9 property damage costs, make payments on 

10 covered supplier costs, make payments on 

11 covered worker protection expenditures,’’ 

12 after ‘‘rent obligation,’’. 

13 (e) LENDER SAFE HARBOR.—Subsection (h) of sec14 tion 1106 of the CARES Act (15 U.S.C. 9005) is amended 

15 to read as follows: 

16 ‘‘(h) HOLD HARMLESS.— 

17 ‘‘(1) IN GENERAL.—A lender may rely on any 

18 certification or documentation submitted by an ap19 plicant for a covered loan or an eligible recipient of 

20 a covered loan that— 

21 ‘‘(A) is submitted pursuant to any statu22 tory requirement relating to covered loans or 

23 any rule or guidance issued to carry out any ac24 tion relating to covered loans; and 


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1 ‘‘(B) attests that the applicant or eligible 

2 recipient, as applicable, has accurately verified 

3 any certification or documentation provided to 

4 the lender. 

5 ‘‘(2) NO ENFORCEMENT ACTION.—With respect 

6 to a lender that relies on a certification or docu7 mentation described in paragraph (1)— 

8 ‘‘(A) an enforcement action may not be 

9 taken against the lender acting in good faith re10 lating to origination or forgiveness of a covered 

11 loan based on such reliance; and 

12 ‘‘(B) the lender acting in good faith shall 

13 not be subject to any penalties relating to origi14 nation or forgiveness of a covered loan based on 

15 such reliance.’’. 

16 (f) SELECTION OF COVERED PERIOD FOR FORGIVE17 NESS.—Section 1106 of the CARES Act (15 U.S.C. 9005) 

18 is amended— 

19 (1) by amending paragraph (4) of subsection 

20 (a), as so redesignated by subsection (d) of this sec21 tion, to read as follows: 

22 ‘‘(4) the term ‘covered period’ means the pe23 riod— 

24 ‘‘(A) beginning on the date of the origina25 tion of a covered loan; and 


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1 ‘‘(B) ending on a date selected by the eligi2 ble recipient of the covered loan that occurs 

3 during the period— 

4 ‘‘(i) beginning on the date that is 8 

5 weeks after such date of origination; and 

6 ‘‘(ii) ending on December 31, 2020;’’; 

7 and 

8 (2) by striking subsection (l). 

9 (g) SIMPLIFIED APPLICATION.—Section 1106 of the 

10 CARES Act (15 U.S.C. 9005), as amended by subsection 

11 (f) of this section, is amended— 

12 (1) in subsection (e), in the matter preceding 

13 paragraph (1), by striking ‘‘An eligible’’ and insert14 ing ‘‘Except as provided in subsection (l), an eligi15 ble’’; 

16 (2) in subsection (f), by inserting ‘‘or the infor17 mation required under subsection (l), as applicable’’ 

18 after ‘‘subsection (e)’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(l) SIMPLIFIED APPLICATION.— 

21 ‘‘(1) COVERED LOANS UNDER $150,000.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding sub23 section (e), with respect to a covered loan made 

24 to an eligible recipient that is not more than 

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1 given under this section if the eligible recipi2 ent— 

3 ‘‘(i) signs and submits to the lender a 

4 one-page online or paper form, to be estab5 lished by the Administrator not later than 

6 7 days after the date of enactment of the 

7 Continuing the Paycheck Protection Pro8 gram Act, that— 

9 ‘‘(I) reports the amount of the 

10 covered loan amount spent by the eli11 gible recipient— 

12 ‘‘(aa) on payroll costs; and 

13 ‘‘(bb) on the sum of— 

14 ‘‘(AA) payments of in15 terest on any covered mort16 gage obligation (which shall 

17 not include any prepayment 

18 of or payment of principal 

19 on a covered mortgage obli20 gation); 

21 ‘‘(BB) payments on any 

22 covered rent obligation; 

23 ‘‘(CC) covered utility 

24 payments; 


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1 ‘‘(DD) covered oper2 ations expenditures; 

3 ‘‘(EE) covered property 

4 damage costs; 

5 ‘‘(FF) covered supplier 

6 costs; and 

7 ‘‘(GG) covered worker 

8 protection expenditures; and 

9 ‘‘(II) attests that the eligible re10 cipient made a good faith effort to 

11 comply with the requirements under 

12 section 7(a)(36) of the Small Business 

13 Act (15 U.S.C. 636(a)(36)); and 

14 ‘‘(ii) retains records relevant to the 

15 form that prove compliance with those re16 quirements— 

17 ‘‘(I) with respect to employment 

18 records, for the 4-year period fol19 lowing submission of the form; and 

20 ‘‘(II) with respect to other 

21 records, for the 3-year period fol22 lowing submission of the form. 

23 ‘‘(B) DEMOGRAPHIC INFORMATION.—An 

24 eligible recipient of a covered loan described in 

25 subparagraph (A) may complete and submit 


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1 any form related to borrower demographic in2 formation. 

3 ‘‘(C) AUDIT.—The Administrator may— 

4 ‘‘(i) review and audit covered loans 

5 described in subparagraph (A); and 

6 ‘‘(ii) in the case of fraud, ineligibility, 

7 or other material noncompliance with ap8 plicable loan or loan forgiveness require9 ments, modify— 

10 ‘‘(I) the amount of a covered loan 

11 described in subparagraph (A); or 

12 ‘‘(II) the loan forgiveness amount 

13 with respect to a covered loan de14 scribed in subparagraph (A). 

15 ‘‘(2) COVERED LOANS BETWEEN $150,000 AND

16 $2,000,000.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding sub18 section (e), with respect to a covered loan made 

19 to an eligible recipient that is more than 

20 $150,000 and not more than $2,000,000— 

21 ‘‘(i) the eligible recipient seeking loan 

22 forgiveness under this section— 

23 ‘‘(I) is not required to submit the 

24 supporting documentation described 

25 in paragraph (1) or (2) of subsection 


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1 (e) or the certification described in 

2 subsection (e)(3)(A); 

3 ‘‘(II) shall retain— 

4 ‘‘(aa) all employment 

5 records relevant to the applica6 tion for loan forgiveness for the 

7 4-year period following submis8 sion of the application; and 

9 ‘‘(bb) all other supporting 

10 documentation relevant to the ap11 plication for loan forgiveness for 

12 the 3-year period following sub13 mission of the application; and 

14 ‘‘(III) may complete and submit 

15 any form related to borrower demo16 graphic information; 

17 ‘‘(ii) review by the lender of an appli18 cation submitted by the eligible recipient 

19 for loan forgiveness under this section shall 

20 be limited to whether the lender received a 

21 complete application, with all fields com22 pleted, initialed, or signed, as applicable; 

23 and 

24 ‘‘(iii) the lender shall— 


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1 ‘‘(I) accept the application sub2 mitted by the eligible recipient for 

3 loan forgiveness under this section; 

4 and 

5 ‘‘(II) submit the application to 

6 the Administrator. 

7 ‘‘(B) AUDIT.—The Administrator may— 

8 ‘‘(i) review and audit covered loans 

9 described in subparagraph (A); and 

10 ‘‘(ii) in the case of fraud, ineligibility, 

11 or other material noncompliance with ap12 plicable loan or loan forgiveness require13 ments, modify— 

14 ‘‘(I) the amount of a covered loan 

15 described in subparagraph (A); or 

16 ‘‘(II) the loan forgiveness amount 

17 with respect to a covered loan de18 scribed in subparagraph (A). 

19 ‘‘(3) AUDIT PLAN.— 

20 ‘‘(A) IN GENERAL.—Not later than 30 

21 days after the date of enactment of the Con22 tinuing the Paycheck Protection Program Act, 

23 the Administrator shall submit to the Com24 mittee on Small Business and Entrepreneurship 

25 of the Senate and the Committee on Small 


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1 Business of the House of Representatives an 

2 audit plan that details— 

3 ‘‘(i) the policies and procedures of the 

4 Administrator for conducting reviews and 

5 audits of covered loans; and 

6 ‘‘(ii) the metrics that the Adminis7 trator shall use to determine which covered 

8 loans will be audited for each category of 

9 covered loans described in paragraphs (1) 

10 and (2). 

11 ‘‘(B) REPORTS.—Not later than 30 days 

12 after the date on which the Administrator sub13 mits the audit plan required under subpara14 graph (A), and each month thereafter, the Ad15 ministrator shall submit to the Committee on 

16 Small Business and Entrepreneurship of the 

17 Senate and the Committee on Small Business 

18 of the House of Representatives a report on the 

19 review and audit activities of the Administrator 

20 under this subsection, which shall include— 

21 ‘‘(i) the number of active reviews and 

22 audits; 

23 ‘‘(ii) the number of reviews and audits 

24 that have been ongoing for more than 60 

25 days; and 


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1 ‘‘(iii) any substantial changes made to 

2 the audit plan submitted under subpara3 graph (A).’’. 

4 (h) GROUP INSURANCE PAYMENTS AS PAYROLL

5 COSTS.—Section 7(a)(36)(A)(viii)(I)(aa)(EE) of the 

6 Small Business Act (15 U.S.C. 

7 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by inserting 

8 ‘‘and other group insurance’’ before ‘‘benefits’’. 

9 (i) PAYCHECK PROTECTION PROGRAM SECOND

10 DRAW LOANS.—Section 7(a) of the Small Business Act 

11 (15 U.S.C. 636(a)) is amended by adding at the end the 

12 following: 

13 ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC14 OND DRAW LOANS.— 

15 ‘‘(A) DEFINITIONS.—In this paragraph— 

16 ‘‘(i) the terms ‘community financial 

17 institutions’, ‘credit union’, ‘eligible self18 employed individual’, ‘insured depository 

19 institution’, ‘nonprofit organization’, ‘pay20 roll costs’, ‘seasonal employer’, and ‘vet21 erans organization’ have the meanings 

22 given those terms in paragraph (36), ex23 cept that ‘eligible entity’ shall be sub24 stituted for ‘eligible recipient’ each place it 

25 appears in the definitions of those terms; 


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1 ‘‘(ii) the term ‘covered loan’ means a 

2 loan made under this paragraph; 

3 ‘‘(iii) the terms ‘covered mortgage ob4 ligation’, ‘covered operating expenditure’, 

5 ‘covered property damage cost’, ‘covered 

6 rent obligation’, ‘covered supplier cost’, 

7 ‘covered utility payment’, and ‘covered 

8 worker protection expenditure’ have the 

9 meanings given those terms in section 

10 1106(a) of the CARES Act (15 U.S.C. 

11 9005(a)); 

12 ‘‘(iv) the term ‘covered period’ means 

13 the period beginning on the date of the 

14 origination of a covered loan and ending on 

15 December 31, 2020; 

16 ‘‘(v) the term ‘eligible entity’— 

17 ‘‘(I) means any business concern, 

18 nonprofit organization, veterans orga19 nization, Tribal business concern, eli20 gible self-employed individual, sole 

21 proprietor, independent contractor, or 

22 small agricultural cooperative that— 

23 ‘‘(aa)(AA) with respect to a 

24 business concern, would qualify 

25 as a small business concern by 


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1 the annual receipts size standard 

2 (if applicable) established by sec3 tion 121.201 of title 13, Code of 

4 Federal Regulations, or any suc5 cessor regulation; or 

6 ‘‘(BB) if the entity does not 

7 qualify as a small business con8 cern, meets the alternative size 

9 standard established under sec10 tion 3(a)(5); 

11 ‘‘(bb) employs not more 

12 than 300 employees; and 

13 ‘‘(cc)(AA) except as provided 

14 in subitems (BB), (CC), and 

15 (DD), had gross receipts during 

16 the first or second quarter in 

17 2020 that are not less than 35 

18 percent less than the gross re19 ceipts of the entity during the 

20 same quarter in 2019; 

21 ‘‘(BB) if the entity was not 

22 in business during the first or 

23 second quarter of 2019, but was 

24 in business during the third and 

25 fourth quarter of 2019, had gross 


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1 receipts during the first or sec2 ond quarter of 2020 that are less 

3 than 35 percent of the amount of 

4 the gross receipts of the entity 

5 during the third or fourth quar6 ter of 2019; 

7 ‘‘(CC) if the entity was not 

8 in business during the first, sec9 ond, or third quarter of 2019, 

10 but was in business during the 

11 fourth quarter of 2019, had gross 

12 receipts during the first or sec13 ond quarter of 2020 that are less 

14 than 35 percent of the amount of 

15 the gross receipts of the entity 

16 during the fourth quarter of 

17 2019; or 

18 ‘‘(DD) if the entity was not 

19 in business during 2019, but was 

20 in operation on February 15, 

21 2020, had gross receipts during 

22 the second quarter of 2020 that 

23 are less than 35 percent of the 

24 amount of the gross receipts of 


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1 the entity during the first quar2 ter of 2020; 

3 ‘‘(II) includes an organization de4 scribed in subparagraph (D)(vii) of 

5 paragraph (36) that is eligible to re6 ceive a loan under that paragraph and 

7 that meets the requirements described 

8 in items (aa) and (cc) of subclause 

9 (I); and 

10 ‘‘(III) does not include— 

11 ‘‘(aa) an issuer, the securi12 ties of which are listed on an ex13 change registered a national se14 curities exchange under section 6 

15 of the Securities Exchange Act of 

16 1934 (15 U.S.C. 78f); 

17 ‘‘(bb) any entity that— 

18 ‘‘(AA) is a type of busi19 ness concern described in 

20 subsection (b), (c), (d), (e), 

21 (f), (h), (l) (m), (p), (q), (r), 

22 or (s) of section 120.110 of 

23 title 13, Code of Federal 

24 Regulations, or any suc25 cessor regulation; 


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1 ‘‘(BB) is a type of busi2 ness concern described in 

3 section 120.110(g) of title 

4 13, Code of Federal Regula5 tions, or any successor regu6 lation, except as otherwise 

7 provided in the interim final 

8 rule of the Administration 

9 entitled ‘Business Loan Pro10 gram Temporary Changes; 

11 Paycheck Protection Pro12 gram—Additional Eligibility 

13 Criteria and Requirements 

14 for Certain Pledges of 

15 Loans’ (85 Fed. Reg. 21747 

16 (April 20, 2020)); 

17 ‘‘(CC) is a type of busi18 ness concern described in 

19 section 120.110(i) of title 

20 13, Code of Federal Regula21 tions, or any successor regu22 lation, except if the business 

23 concern is an organization 

24 described in paragraph 

25 (36)(D)(vii); 


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1 ‘‘(DD) is a type of 

2 business concern described 

3 in section 120.110(j) of title 

4 13, Code of Federal Regula5 tions, or any successor regu6 lation, except as otherwise 

7 provided in the interim final 

8 rules of the Administration 

9 entitled ‘Business Loan Pro10 gram Temporary Changes; 

11 Paycheck Protection Pro12 gram—Eligibility of Certain 

13 Electric Cooperatives’ (85 

14 Fed. Reg. 29847 (May 19, 

15 2020)) and ‘Business Loan 

16 Program Temporary 

17 Changes; Paycheck Protec18 tion Program—Eligibility of 

19 Certain Telephone Coopera20 tives’ (85 Fed. Reg. 35550 

21 (June 11, 2020)) or any 

22 other guidance or rule 

23 issued or that may be issued 

24 by the Administrator; 


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1 ‘‘(EE) is a type of busi2 ness concern described in 

3 section 120.110(n) of title 

4 13, Code of Federal Regula5 tions, or any successor regu6 lation, except as otherwise 

7 provided in the interim final 

8 rule of the Administration 

9 entitled ‘Business Loan Pro10 gram Temporary Changes; 

11 Paycheck Protection Pro12 gram—Additional Eligibility 

13 Revisions to First Interim 

14 Final Rule’ (85 Fed. Reg. 

15 38301 (June 26, 2020)) or 

16 any other guidance or rule 

17 issued or that may be issued 

18 by the Administrator; 

19 ‘‘(FF) is a type of busi20 ness concern described in 

21 section 120.110(o) of title 

22 13, Code of Federal Regula23 tions, or any successor regu24 lation, except as otherwise 

25 provided in any guidance or 


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1 rule issued or that may be 

2 issued by the Administrator; 

3 or 

4 ‘‘(GG) is an entity that 

5 would be described in the 

6 subsections listed in 

7 subitems (AA) through (FF) 

8 if the entity were a business 

9 concern; or 

10 ‘‘(HH) is assigned, or 

11 was approved for a loan 

12 under paragraph (36) with, 

13 a North American Industry 

14 Classification System code 

15 beginning with 52; 

16 ‘‘(cc) any business concern 

17 or entity primarily engaged in 

18 political or lobbying activities, 

19 which shall include any entity 

20 that is organized for research or 

21 for engaging in advocacy in areas 

22 such as public policy or political 

23 strategy or otherwise describes 

24 itself as a think tank in any pub25 lic documents; or 


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1 ‘‘(dd) any business concern 

2 or entity— 

3 ‘‘(AA) for which an en4 tity created in or organized 

5 under the laws of the Peo6 ple’s Republic of China or 

7 the Special Administrative 

8 Region of Hong Kong, or 

9 that has significant oper10 ations in the People’s Re11 public of China or the Spe12 cial Administrative Region 

13 of Hong Kong, owns or 

14 holds, directly or indirectly, 

15 not less than 20 percent of 

16 the economic interest of the 

17 business concern or entity, 

18 including as equity shares or 

19 a capital or profit interest in 

20 a limited liability company 

21 or partnership; or 

22 ‘‘(BB) that retains, as 

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1 dent of the People’s Repub2 lic of China; 

3 ‘‘(vi) the terms ‘exchange’, ‘issuer’, 

4 and ‘security’ have the meanings given 

5 those terms in section 3(a) of the Securi6 ties Exchange Act of 1934 (15 U.S.C. 

7 78c(a)); and 

8 ‘‘(vii) the term ‘Tribal business con9 cern’ means a Tribal business concern de10 scribed in section 31(b)(2)(C). 

11 ‘‘(B) LOANS.—Except as otherwise pro12 vided in this paragraph, the Administrator may 

13 guarantee covered loans to eligible entities 

14 under the same terms, conditions, and processes 

15 as a loan made under paragraph (36). 

16 ‘‘(C) MAXIMUM LOAN AMOUNT.— 

17 ‘‘(i) IN GENERAL.—Except as other18 wise provided in this subparagraph, the 

19 maximum amount of a covered loan made 

20 to an eligible entity is the lesser of— 

21 ‘‘(I) the product obtained by mul22 tiplying— 

23 ‘‘(aa) at the election of the 

24 eligible entity, the average total 

25 monthly payment for payroll 


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1 costs incurred or paid by the eli2 gible entity during— 

3 ‘‘(AA) the 1-year period 

4 before the date on which the 

5 loan is made; or 

6 ‘‘(BB) calendar year 

7 2019; by 

8 ‘‘(bb) 2.5; or 

9 ‘‘(II) $2,000,000. 

10 ‘‘(ii) SEASONAL EMPLOYERS.—The 

11 maximum amount of a covered loan made 

12 to an eligible entity that is a seasonal em13 ployer is the lesser of— 

14 ‘‘(I) the product obtained by mul15 tiplying— 

16 ‘‘(aa) at the election of the 

17 eligible entity, the average total 

18 monthly payments for payroll 

19 costs incurred or paid by the eli20 gible entity— 

21 ‘‘(AA) for a 12-week 

22 period beginning February 

23 15, 2019 or March 1, 2019 

24 and ending June 30, 2019; 

25 or 


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1 ‘‘(BB) for a consecutive 

2 12-week period between May 

3 1, 2019 and September 15, 

4 2019; by 

5 ‘‘(bb) 2.5; or 

6 ‘‘(II) $2,000,000. 

7 ‘‘(iii) NEW ENTITIES.—The maximum 

8 amount of a covered loan made to an eligi9 ble entity that did not exist during the 1- 

10 year period preceding February 15, 2020 

11 is the lesser of— 

12 ‘‘(I) the product obtained by mul13 tiplying— 

14 ‘‘(aa) the quotient obtained 

15 by dividing— 

16 ‘‘(AA) the sum of the 

17 total monthly payments by 

18 the eligible entity for payroll 

19 costs paid or incurred by the 

20 eligible entity as of the date 

21 on which the eligible entity 

22 applies for the covered loan; 

23 by 

24 ‘‘(BB) the number of 

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1 roll costs were paid or in2 curred; by 

3 ‘‘(bb) 2.5; or 

4 ‘‘(II) $2,000,000. 

5 ‘‘(iv) LIMIT FOR MULTIPLE LOCA6 TIONS.—With respect to an eligible entity 

7 with more than 1 physical location, the 

8 total amount of all covered loans shall be 

9 not more than $2,000,000. 

10 ‘‘(v) LOAN NUMBER LIMITATION.—An 

11 eligible entity may only receive 1 covered 

12 loan. 

13 ‘‘(vi) 90 DAY RULE FOR MAXIMUM

14 LOAN AMOUNT.—The maximum aggregate 

15 loan amount of loans guaranteed under 

16 this subsection that are approved for an el17 igible entity (including any affiliates) with18 in 90 days of approval of another loan 

19 under this subsection for the eligible entity 

20 (including any affiliates) shall not exceed 

21 $10,000,000. 

22 ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI23 CATION REQUIREMENTS.—An eligible entity ap24 plying for a covered loan shall not be required 


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1 to make the certification described in subclause 

2 (III) or (IV) of paragraph (36)(G)(i). 

3 ‘‘(E) FEE WAIVER.—With respect to a cov4 ered loan— 

5 ‘‘(i) in lieu of the fee otherwise appli6 cable under paragraph (23)(A), the Ad7 ministrator shall collect no fee; and 

8 ‘‘(ii) in lieu of the fee otherwise appli9 cable under paragraph (18)(A), the Ad10 ministrator shall collect no fee. 

11 ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS

12 ORGANIZATIONS.— 

13 ‘‘(i) SENSE OF CONGRESS.—It is the 

14 sense of Congress that the interim final 

15 rule of the Administration entitled ‘Busi16 ness Loan Program Temporary Changes; 

17 Paycheck Protection Program’ (85 Fed. 

18 Reg. 20817 (April 15, 2020)) properly 

19 clarified the eligibility of churches and reli20 gious organizations for loans made under 

21 paragraph (36). 

22 ‘‘(ii) APPLICABILITY OF PROHIBI23 TION.—The prohibition on eligibility estab24 lished by section 120.110(k) of title 13, 

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1 cessor regulation, shall not apply to a cov2 ered loan. 

3 ‘‘(G) GROSS RECEIPTS FOR NONPROFIT

4 AND VETERANS ORGANIZATIONS.—For purposes 

5 of calculating gross receipts under subpara6 graph (A)(v)(I)(cc) for an eligible entity that is 

7 a nonprofit organization, a veterans organiza8 tion, or an organization described in subpara9 graph (A)(v)(II), gross receipts— 

10 ‘‘(i) shall include proceeds from fund11 raising events, federated campaigns, gifts, 

12 donor-advised funds, and funds from simi13 lar sources; and 

14 ‘‘(ii) shall not include— 

15 ‘‘(I) Federal grants (excluding 

16 any loan forgiveness on loans received 

17 under paragraph (36) or this para18 graph); 

19 ‘‘(II) revenues from a supporting 

20 organization; 

21 ‘‘(III) grants from private foun22 dations that are disbursed over the 

23 course of more than 1 calendar year; 

24 or 


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1 ‘‘(IV) any contribution of prop2 erty other than money, stocks, bonds, 

3 and other securities, provided that the 

4 non-cash contribution is not sold by 

5 the organization in a transaction un6 related to the tax-exempt purpose of 

7 the organization. 

8 ‘‘(H) LOAN FORGIVENESS.— 

9 ‘‘(i) IN GENERAL.—Except as other10 wise provided in this subparagraph, an eli11 gible entity shall be eligible for forgiveness 

12 of indebtedness on a covered loan in the 

13 same manner as an eligible recipient with 

14 respect to a loan made under paragraph 

15 (36), as described in section 1106 of the 

16 CARES Act (15 U.S.C. 9005). 

17 ‘‘(ii) FORGIVENESS AMOUNT.—An eli18 gible entity shall be eligible for forgiveness 

19 of indebtedness on a covered loan in an 

20 amount equal to the sum of the following 

21 costs incurred or expenditures made during 

22 the covered period: 

23 ‘‘(I) Payroll costs. 

24 ‘‘(II) Any payment of interest on 

25 any covered mortgage obligation 


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1 (which shall not include any prepay2 ment of or payment of principal on a 

3 covered mortgage obligation). 

4 ‘‘(III) Any covered operations ex5 penditure. 

6 ‘‘(IV) Any covered property dam7 age cost. 

8 ‘‘(V) Any payment on any cov9 ered rent obligation. 

10 ‘‘(VI) Any covered utility pay11 ment. 

12 ‘‘(VII) Any covered supplier cost. 

13 ‘‘(VIII) Any covered worker pro14 tection expenditure. 

15 ‘‘(iii) LIMITATION ON FORGIVENESS

16 FOR ALL ELIGIBLE ENTITIES.—The for17 giveness amount under this subparagraph 

18 shall be equal to the lesser of— 

19 ‘‘(I) the amount described in 

20 clause (ii); and 

21 ‘‘(II) the amount equal to the 

22 quotient obtained by dividing— 

23 ‘‘(aa) the amount of the cov24 ered loan used for payroll costs 

25 during the covered period; and 


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1 ‘‘(bb) 0.60. 

2 ‘‘(I) LENDER ELIGIBILITY.—Except as 

3 otherwise provided in this paragraph, a lender 

4 approved to make loans under paragraph (36) 

5 may make covered loans under the same terms 

6 and conditions as in paragraph (36). 

7 ‘‘(J) REIMBURSEMENT FOR LOAN PROC8 ESSING AND SERVICING.—The Administrator 

9 shall reimburse a lender authorized to make a 

10 covered loan in an amount that is— 

11 ‘‘(i) 3 percent of the principal amount 

12 of the financing of the covered loan up to 

13 $350,000; and 

14 ‘‘(ii) 1 percent of the principal 

15 amount of the financing of the covered 

16 loan above $350,000, if applicable. 

17 ‘‘(K) SET ASIDE FOR SMALL ENTITIES.— 

18 Not less than $25,000,000,000 of the total 

19 amount of covered loans guaranteed by the Ad20 ministrator shall be made to eligible entities 

21 with not more than 10 employees as of Feb22 ruary 15, 2020. 

23 ‘‘(L) SET ASIDE FOR COMMUNITY FINAN24 CIAL INSTITUTIONS, SMALL INSURED DEPOSI25 TORY INSTITUTIONS, CREDIT UNIONS, AND


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1 FARM CREDIT SYSTEM INSTITUTIONS.—Not less 

2 than $10,000,000,000 of the total amount of 

3 covered loans guaranteed by the Administrator 

4 shall be made by— 

5 ‘‘(i) community financial institutions; 

6 ‘‘(ii) insured depository institutions 

7 with consolidated assets of less than 

8 $10,000,000,000; 

9 ‘‘(iii) credit unions with consolidated 

10 assets of less than $10,000,000,000; and 

11 ‘‘(iv) institutions of the Farm Credit 

12 System chartered under the Farm Credit 

13 Act of 1971 (12 U.S.C. 2001 et seq.) with 

14 consolidated assets of less than 

15 $10,000,000,000 (not including the Fed16 eral Agricultural Mortgage Corporation). 

17 ‘‘(M) PUBLICATION OF GUIDANCE.—Not 

18 later than 10 days after the date of enactment 

19 of this paragraph, the Administrator shall issue 

20 guidance addressing barriers to accessing cap21 ital for minority, underserved, veteran, and 

22 women-owned business concerns for the purpose 

23 of ensuring equitable access to covered loans. 

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1 imum extent practicable, allow a lender ap2 proved to make covered loans to use existing 

3 program guidance and standard operating pro4 cedures for loans made under this subsection. 

5 ‘‘(O) PROHIBITION ON USE OF PROCEEDS

6 FOR LOBBYING ACTIVITIES.—None of the pro7 ceeds of a covered loan may be used for— 

8 ‘‘(i) lobbying activities, as defined in 

9 section 3 of the Lobbying Disclosure Act of 

10 1995 (2 U.S.C. 1602); 

11 ‘‘(ii) lobbying expenditures related to 

12 a State or local election; or 

13 ‘‘(iii) expenditures designed to influ14 ence the enactment of legislation, appro15 priations, regulation, administrative action, 

16 or Executive order proposed or pending be17 fore Congress or any State government, 

18 State legislature, or local legislature or leg19 islative body.’’. 

20 (j) CONTINUED ACCESS TO THE PAYCHECK PROTEC21 TION PROGRAM.— 

22 (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of 

23 the Small Business Act (15 U.S.C. 

24 636(a)(36)(E)(ii)) is amended by striking 

25 ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. 


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1 (2) APPLICABILITY OF MAXIMUM LOAN AMOUNT

2 CALCULATION.— 

3 (A) DEFINITIONS.—In this paragraph, the 

4 terms ‘‘covered loan’’ and ‘‘eligible recipient’’ 

5 have the meanings given those terms in section 

6 7(a)(36) of the Small Business Act (15 U.S.C. 

7 636(a)(36)). 

8 (B) APPLICABILITY.—The amendment 

9 made by paragraph (1) shall apply only with re10 spect to a covered loan applied for by an eligible 

11 recipient on or after the date of enactment of 

12 this Act. 

13 (k) INCREASED ABILITY FOR PAYCHECK PROTEC14 TION PROGRAM BORROWERS TO REQUEST AN INCREASE

15 IN LOAN AMOUNT DUE TO UPDATED REGULATIONS.— 

16 (1) DEFINITIONS.—In this subsection, the 

17 terms ‘‘covered loan’’ and ‘‘eligible recipient’’ have 

18 the meanings given those terms in section 7(a)(36) 

19 of the Small Business Act (15 U.S.C. 636(a)(36)). 

20 (2) INCREASED AMOUNT.—Notwithstanding the 

21 interim final rule issued by the Administration enti22 tled ‘‘Business Loan Program Temporary Changes; 

23 Paycheck Protection Program—Loan Increases’’ (85 

24 Fed. Reg. 29842 (May 19, 2020)), an eligible recipi25 ent of a covered loan that is eligible for an increased 


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1 covered loan amount as a result of any interim final 

2 rule that allows for covered loan increases may sub3 mit a request for an increase in the covered loan 

4 amount even if— 

5 (A) the initial covered loan amount has 

6 been fully disbursed; or 

7 (B) the lender of the initial covered loan 

8 has submitted to the Administration a Form 

9 1502 report related to the covered loan. 

10 (l) CALCULATION OF MAXIMUM LOAN AMOUNT FOR

11 FARMERS AND RANCHERS UNDER THE PAYCHECK PRO12 TECTION PROGRAM.— 

13 (1) IN GENERAL.—Section 7(a)(36) of the 

14 Small Business Act (15 U.S.C. 636(a)(36)), as 

15 amended by subsection (j) of this section, is amend16 ed— 

17 (A) in subparagraph (E), in the matter 

18 preceding clause (i), by striking ‘‘During’’ and 

19 inserting ‘‘Except as provided in subparagraph 

20 (T), during’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(T) CALCULATION OF MAXIMUM LOAN

23 AMOUNT FOR FARMERS AND RANCHERS.— 


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1 ‘‘(i) DEFINITION.—In this subpara2 graph, the term ‘covered recipient’ means 

3 an eligible recipient that— 

4 ‘‘(I) operates as a sole propri5 etorship or as an independent con6 tractor, or is an eligible self-employed 

7 individual; 

8 ‘‘(II) reports farm income or ex9 penses on a Schedule F (or any equiv10 alent successor schedule); and 

11 ‘‘(III) was in business during the 

12 period beginning on February 15, 

13 2019 and ending on June 30, 2019. 

14 ‘‘(ii) NO EMPLOYEES.—With respect 

15 to covered recipient without employees, the 

16 maximum covered loan amount shall be the 

17 lesser of— 

18 ‘‘(I) the sum of— 

19 ‘‘(aa) the product obtained 

20 by multiplying— 

21 ‘‘(AA) the gross income 

22 of the covered recipient in 

23 2019, as reported on a 

24 Schedule F (or any equiva25 lent successor schedule), 


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1 that is not more than 

2 $100,000, divided by 12; 

3 and 

4 ‘‘(BB) 2.5; and 

5 ‘‘(bb) the outstanding 

6 amount of a loan under sub7 section (b)(2) that was made 

8 during the period beginning on 

9 January 31, 2020 and ending on 

10 April 3, 2020 that the borrower 

11 intends to refinance under the 

12 covered loan, not including any 

13 amount of any advance under the 

14 loan that is not required to be re15 paid; or 

16 ‘‘(II) $2,000,000. 

17 ‘‘(iii) WITH EMPLOYEES.—With re18 spect to a covered recipient with employ19 ees, the maximum covered loan amount 

20 shall be calculated using the formula de21 scribed in subparagraph (E), except that 

22 the gross income of the covered recipient 

23 described in clause (ii)(I)(aa)(AA) of this 

24 subparagraph, as divided by 12, shall be 


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1 added to the sum calculated under sub2 paragraph (E)(i)(I). 

3 ‘‘(iv) RECALCULATION.—A lender that 

4 made a covered loan to a covered recipient 

5 before the date of enactment of this sub6 paragraph may, at the request of the cov7 ered recipient— 

8 ‘‘(I) recalculate the maximum 

9 loan amount applicable to that cov10 ered loan based on the formula de11 scribed in clause (ii) or (iii), as appli12 cable, if doing so would result in a 

13 larger covered loan amount; and 

14 ‘‘(II) provide the covered recipi15 ent with additional covered loan 

16 amounts based on that recalcula17 tion.’’. 

18 (m) FARM CREDIT SYSTEM INSTITUTIONS.— 

19 (1) DEFINITION OF FARM CREDIT SYSTEM IN20 STITUTION.—In this subsection, the term ‘‘Farm 

21 Credit System institution’’— 

22 (A) means an institution of the Farm 

23 Credit System chartered under the Farm Credit 

24 Act of 1971 (12 U.S.C. 2001 et seq.); and 


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1 (B) does not include the Federal Agricul2 tural Mortgage Corporation. 

3 (2) FACILITATION OF PARTICIPATION IN PPP

4 AND SECOND DRAW LOANS.— 

5 (A) APPLICABLE RULES.—Solely with re6 spect to loans under paragraphs (36) and (37) 

7 of section 7(a) of the Small Business Act (15 

8 U.S.C. 636(a)), Farm Credit Administration 

9 regulations and guidance issued as of July 14, 

10 2020, and compliance with such regulations and 

11 guidance, shall be deemed functionally equiva12 lent to requirements referenced in section 

13 3(a)(iii)(II) of the interim final rule of the Ad14 ministration entitled ‘‘Business Loan Program 

15 Temporary Changes; Paycheck Protection Pro16 gram’’ (85 Fed. Reg. 20811 (April 15, 2020)) 

17 or any similar requirement referenced in that 

18 interim final rule in implementing such para19 graph (37). 

20 (B) APPLICABILITY OF CERTAIN LOAN RE21 QUIREMENTS.—For purposes of making loans 

22 under paragraph (36) or (37) of section 7(a) of 

23 the Small Business Act (15 U.S.C. 636(a)) or 

24 forgiving those loans in accordance with section 

25 1106 of the CARES Act (15 U.S.C. 9005) and 


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1 subparagraph (H) of such paragraph (37), sec2 tions 4.13, 4.14, and 4.14A of the Farm Credit 

3 Act of 1971 (12 U.S.C. 2199, 2202, 2202a) 

4 (including regulations issued under those sec5 tions) shall not apply. 

6 (C) RISK WEIGHT.— 

7 (i) IN GENERAL.—With respect to the 

8 application of Farm Credit Administration 

9 capital requirements, a loan described in 

10 clause (ii)— 

11 (I) shall receive a risk weight of 

12 zero percent; and 

13 (II) shall not be included in the 

14 calculation of any applicable leverage 

15 ratio or other applicable capital ratio 

16 or calculation. 

17 (ii) LOANS DESCRIBED.—A loan re18 ferred to in clause (i) is— 

19 (I) a loan made by a Farm Cred20 it Bank described in section 1.2(a) of 

21 the Farm Credit Act of 1971 (12 

22 U.S.C. 2002(a)) to a Federal Land 

23 Bank Association, a Production Credit 

24 Association, or an agricultural credit 

25 association described in that section 


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1 to make loans under paragraph (36) 

2 or (37) of section 7(a) of the Small 

3 Business Act (15 U.S.C. 636(a)) or 

4 forgive those loans in accordance with 

5 section 1106 of the CARES Act (15 

6 U.S.C. 9005) and subparagraph (H) 

7 of such paragraph (37); or 

8 (II) a loan made by a Federal 

9 Land Bank Association, a Production 

10 Credit Association, an agricultural 

11 credit association, or the bank for co12 operatives described in section 1.2(a) 

13 of the Farm Credit Act of 1971 (12 

14 U.S.C. 2002(a)) under paragraph 

15 (36) or (37) of section 7(a) of the 

16 Small Business Act (15 U.S.C. 

17 636(a)). 

18 (D) RESERVATION OF LOAN GUARAN19 TEES.—Section 7(a)(36)(S) of the Small Busi20 ness Act (15 U.S.C. 636(a)(36)(S)) is amend21 ed— 

22 (i) in clause (i)— 

23 (I) in subclause (I), by striking 

24 ‘‘and’’ at the end; 


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1 (II) in subclause (II), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(III) institutions of the Farm 

7 Credit System chartered under the 

8 Farm Credit Act of 1971 (12 U.S.C. 

9 2001 et seq.) with consolidated assets 

10 of not less than $10,000,000,000 and 

11 less than $50,000,000,000.’’; and 

12 (ii) in clause (ii)— 

13 (I) in subclause (II), by striking 

14 ‘‘and’’ at the end; 

15 (II) in subclause (III), by strik16 ing the period at the end and insert17 ing ‘‘; and’’; and 

18 (III) by adding at the end the 

19 following: 

20 ‘‘(IV) institutions of the Farm 

21 Credit System chartered under the 

22 Farm Credit Act of 1971 (12 U.S.C. 

23 2001 et seq.) with consolidated assets 

24 of less than $10,000,000,000.’’. 

25 (n) DEFINITION OF SEASONAL EMPLOYER.— 


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1 (1) PPP LOANS.—Section 7(a)(36)(A) of the 

2 Small Business Act (15 U.S.C. 636(a)(36)(A)) is 

3 amended— 

4 (A) in clause (xi), by striking ‘‘and’’ at the 

5 end; 

6 (B) in clause (xii), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(xiii) the term ‘seasonal employer’ 

10 means an eligible recipient that— 

11 ‘‘(I) does not operate for more 

12 than 7 months in any calendar year; 

13 or 

14 ‘‘(II) during the preceding cal15 endar year, had gross receipts for any 

16 6 months of that year that were not 

17 more than 33.33 percent of the gross 

18 receipts of the employer for the other 

19 6 months of that year.’’. 

20 (2) LOAN FORGIVENESS.—Paragraph (12) of 

21 section 1106(a) of the CARES Act (15 U.S.C. 

22 9005(a)), as so redesignated by subsection (d)(2) of 

23 this section, is amended to read as follows: 

24 ‘‘(12) the terms ‘payroll costs’ and ‘seasonal 

25 employer’ have the meanings given those terms in 


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1 section 7(a)(36) of the Small Business Act (15 

2 U.S.C. 636(a)(36)).’’. 

3 (o) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS FOR

4 LOANS UNDER THE PAYCHECK PROTECTION PRO5 GRAM.—Section 7(a)(36)(D) of the Small Business Act 

6 (15 U.S.C. 636(a)(36)(D)) is amended— 

7 (1) in clause (v), by inserting ‘‘or whether an 

8 organization described in clause (vii) employs not 

9 more than 150 employees,’’ after ‘‘clause (i)(I),’’; 

10 (2) in clause (vi), by inserting ‘‘, an organiza11 tion described in clause (vii),’’ after ‘‘nonprofit orga12 nization’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(vii) ELIGIBILITY FOR CERTAIN

15 501(C)(6) ORGANIZATIONS.— 

16 ‘‘(I) IN GENERAL.—Except as 

17 provided in subclause (II), any organi18 zation that is described in section 

19 501(c)(6) of the Internal Revenue 

20 Code and that is exempt from tax21 ation under section 501(a) of such 

22 Code (excluding professional sports 

23 leagues and organizations with the 

24 purpose of promoting or participating 

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1 ity) shall be eligible to receive a cov2 ered loan if— 

3 ‘‘(aa) the organization does 

4 not receive more than 10 percent 

5 of its receipts from lobbying ac6 tivities; 

7 ‘‘(bb) the lobbying activities 

8 of the organization do not com9 prise more than 10 percent of the 

10 total activities of the organiza11 tion; and 

12 ‘‘(cc) the organization em13 ploys not more than 150 employ14 ees. 

15 ‘‘(II) DESTINATION MARKETING

16 ORGANIZATIONS.—Notwithstanding 

17 subclause (I), during the covered pe18 riod, any destination marketing orga19 nization shall be eligible to receive a 

20 covered loan if— 

21 ‘‘(aa) the destination mar22 keting organization does not re23 ceive more than 10 percent of its 

24 receipts from lobbying activities; 


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1 ‘‘(bb) the lobbying activities 

2 of the destination marketing or3 ganization do not comprise more 

4 than 10 percent of the total ac5 tivities of the organization; 

6 ‘‘(cc) the destination mar7 keting organization employs not 

8 more than 150 employees; and 

9 ‘‘(dd) the destination mar10 keting organization— 

11 ‘‘(AA) is described in 

12 section 501(c) of the Inter13 nal Revenue Code and is ex14 empt from taxation under 

15 section 501(a) of such Code; 

16 or 

17 ‘‘(BB) is a quasi-gov18 ernmental entity or is a po19 litical subdivision of a State 

20 or local government, includ21 ing any instrumentality of 

22 those entities.’’. 

23 (p) PROHIBITION ON USE OF LOAN PROCEEDS FOR

24 LOBBYING ACTIVITIES.—Section 7(a)(36)(F) of the Small 


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1 Business Act (15 U.S.C. 636(a)(36)(F)) is amended by 

2 adding at the end the following: 

3 ‘‘(vi) PROHIBITION.—None of the pro4 ceeds of a covered loan may be used for— 

5 ‘‘(I) lobbying activities, as de6 fined in section 3 of the Lobbying 

7 Disclosure Act of 1995 (2 U.S.C. 

8 1602); 

9 ‘‘(II) lobbying expenditures re10 lated to a State or local election; or 

11 ‘‘(III) expenditures designed to 

12 influence the enactment of legislation, 

13 appropriations, regulation, adminis14 trative action, or Executive order pro15 posed or pending before Congress or 

16 any State government, State legisla17 ture, or local legislature or legislative 

18 body.’’. 

19 (q) EFFECTIVE DATE; APPLICABILITY.—The amend20 ments made to paragraph (36) of section 7(a) of the Small 

21 Business Act (15 U.S.C. 636(a)) and title I of the CARES 

22 Act (Public Law 116–136) under this section shall be ef23 fective as if included in the CARES Act and shall apply 

24 to any loan made pursuant to section 7(a)(36) of the 

25 Small Business Act (15 U.S.C. 636(a)(36)). 


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1 (r) BANKRUPTCY PROVISIONS.— 

2 (1) IN GENERAL.—Section 364 of title 11, 

3 United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘(g)(1) The court, after notice and a hearing, may 

6 authorize a debtor in possession or a trustee that is au7 thorized to operate the business of the debtor under sec8 tion 1183, 1184, 1203, 1204, or 1304 of this title to ob9 tain a loan under paragraph (36) or (37) of section 7(a) 

10 of the Small Business Act (15 U.S.C. 636(a)), and such 

11 loan shall be treated as a debt to the extent the loan is 

12 not forgiven in accordance with section 1106 of the 

13 CARES Act (15 U.S.C. 9005) or subparagraph (H) of 

14 such paragraph (37), as applicable, with priority equal to 

15 a claim of the kind specified in subsection (c)(1) of this 

16 section. 

17 ‘‘(2) The trustee may incur debt described in para18 graph (1) notwithstanding any provision in a contract, 

19 prior order authorizing the trustee to incur debt under this 

20 section, prior order authorizing the trustee to use cash col21 lateral under section 363, or applicable law that prohibits 

22 the debtor from incurring additional debt. 

23 ‘‘(3) The court shall hold a hearing within 7 days 

24 after the filing and service of the motion to obtain a loan 

25 described in paragraph (1). Notwithstanding the Federal 


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1 Rules of Bankruptcy Procedure, at such hearing, the court 

2 may grant relief on a final basis.’’. 

3 (2) ALLOWANCE OF ADMINISTRATIVE EX4 PENSES.—Section 503(b) of title 11, United States 

5 Code, is amended— 

6 (A) in paragraph (8)(B), by striking ‘‘and’’ 

7 at the end; 

8 (B) in paragraph (9), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(10) any debt incurred under section 

12 364(g)(1) of this title.’’. 

13 (3) CONFIRMATION OF PLAN FOR REORGANIZA14 TION.—Section 1191 of title 11, United States Code, 

15 is amended by adding at the end the following: 

16 ‘‘(f) SPECIAL PROVISION RELATED TO COVID–19 

17 PANDEMIC.—Notwithstanding section 1129(a)(9)(A) of 

18 this title and subsection (e) of this section, a plan that 

19 provides for payment of a claim of a kind specified in sec20 tion 503(b)(10) of this title may be confirmed under sub21 section (b) of this section if the plan proposes to make 

22 payments on account of such claim when due under the 

23 terms of the loan giving rise to such claim.’’. 

24 (4) CONFIRMATION OF PLAN FOR FAMILY

25 FARMERS AND FISHERMEN.—Section 1225 of title 


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1 11, United States Code, is amended by adding at 

2 the end the following: 

3 ‘‘(d) Notwithstanding section 1222(a)(2) of this title 

4 and subsection (b)(1) of this section, a plan that provides 

5 for payment of a claim of a kind specified in section 

6 503(b)(10) of this title may be confirmed if the plan pro7 poses to make payments on account of such claim when 

8 due under the terms of the loan giving rise to such 

9 claim.’’. 

10 (5) CONFIRMATION OF PLAN FOR INDIVID11 UALS.—Section 1325 of title 11, United States 

12 Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(d) Notwithstanding section 1322(a)(2) of this title 

15 and subsection (b)(1) of this section, a plan that provides 

16 for payment of a claim of a kind specified in section 

17 503(b)(10) of this title may be confirmed if the plan pro18 poses to make payments on account of such claim when 

19 due under the terms of the loan giving rise to such 

20 claim.’’. 

21 (6) EFFECTIVE DATE; SUNSET.— 

22 (A) EFFECTIVE DATE.—The amendments 

23 made by paragraphs (1) through (5) shall— 

24 (i) take effect on the date on which 

25 the Administrator submits to the Director 


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1 of the Executive Office for United States 

2 Trustees a written determination that, sub3 ject to satisfying any other eligibility re4 quirements, any debtor in possession or 

5 trustee that is authorized to operate the 

6 business of the debtor under section 1183, 

7 1184, 1203, 1204, or 1304 of title 11, 

8 United States Code, would be eligible for a 

9 loan under paragraphs (36) and (37) of 

10 section 7(a) of the Small Business Act (15 

11 U.S.C. 636(a)); and 

12 (ii) apply to any case pending on or 

13 commenced on or after the date described 

14 in clause (i). 

15 (B) SUNSET.— 

16 (i) IN GENERAL.—If the amendments 

17 made by this subsection take effect under 

18 subparagraph (A), effective on the date 

19 that is 2 years after the date of enactment 

20 of this Act— 

21 (I) section 364 of title 11, United 

22 States Code, is amended by striking 

23 subsection (g); 

24 (II) section 503(b) of title 11, 

25 United States Code, is amended— 


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1 (aa) in paragraph (8)(B), by 

2 adding ‘‘and’’ at the end; 

3 (bb) in paragraph (9), by 

4 striking ‘‘; and’’ at the end and 

5 inserting a period; and 

6 (cc) by striking paragraph 

7 (10); 

8 (III) section 1191 of title 11, 

9 United States Code, is amended by 

10 striking subsection (f); 

11 (IV) section 1225 of title 11, 

12 United States Code, is amended by 

13 striking subsection (d); and 

14 (V) section 1325 of title 11, 

15 United States Code, is amended by 

16 striking subsection (d). 

17 (ii) APPLICABILITY.—Notwithstanding 

18 the amendments made by clause (i) of this 

19 subparagraph, if the amendments made by 

20 paragraphs (1), (2), (3), (4), and (5) take 

21 effect under subparagraph (A) of this 

22 paragraph, such amendments shall apply 

23 to any case under title 11, United States 

24 Code, commenced before the date that is 2 


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1 years after the date of enactment of this 

2 Act. 

3 (s) OVERSIGHT.— 

4 (1) COMPLIANCE WITH OVERSIGHT REQUIRE5 MENTS.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), on and after the date of en8 actment of this Act, the Administrator shall 

9 comply with any data or information requests 

10 or inquiries made by the Comptroller General of 

11 the United States not later than 30 days (or 

12 such later date as the Comptroller General may 

13 specify) after receiving the request or inquiry. 

14 (B) EXCEPTION.—If the Administrator is 

15 unable to comply with a request or inquiry de16 scribed in subparagraph (A) within the 30-day 

17 period or, if applicable, later period described in 

18 that clause, the Administrator shall, during 

19 that 30-day (or later) period, submit to the 

20 Committee on Small Business and Entrepre21 neurship of the Senate and the Committee on 

22 Small Business of the House of Representatives 

23 a notification that includes a detailed justifica24 tion for the inability of the Administrator to 

25 comply with the request or inquiry. 


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1 (2) TESTIMONY.—Not later than the date that 

2 is 30 days after the date of enactment of this Act, 

3 and every quarter thereafter until the date that is 2 

4 years after the date of enactment of this Act, the 

5 Administrator and the Secretary of the Treasury 

6 shall testify before the Committee on Small Business 

7 and Entrepreneurship of the Senate and the Com8 mittee on Small Business of the House of Rep9 resentatives regarding implementation of this section 

10 and the amendments made by this section. 

11 (t) CONFLICTS OF INTEREST.— 

12 (1) DEFINITIONS.—In this subsection: 

13 (A) CONTROLLING INTEREST.—The term 

14 ‘‘controlling interest’’ means owning, control15 ling, or holding not less than 20 percent, by 

16 vote or value, of the outstanding amount of any 

17 class of equity interest in an entity. 

18 (B) COVERED ENTITY.— 

19 (i) DEFINITION.—The term ‘‘covered 

20 entity’’ means an entity in which a covered 

21 individual directly or indirectly holds a 

22 controlling interest. 

23 (ii) TREATMENT OF SECURITIES.— 

24 For the purpose of determining whether an 

25 entity is a covered entity, the securities 


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1 owned, controlled, or held by 2 or more in2 dividuals who are related as described in 

3 subparagraph (C)(ii) shall be aggregated. 

4 (C) COVERED INDIVIDUAL.—The term 

5 ‘‘covered individual’’ means— 

6 (i) the President, the Vice President, 

7 the head of an Executive department, or a 

8 Member of Congress; and 

9 (ii) the spouse, child, son-in-law, or 

10 daughter-in-law, as determined under ap11 plicable common law, of an individual de12 scribed in clause (i). 

13 (D) EXECUTIVE DEPARTMENT.—The term 

14 ‘‘Executive department’’ has the meaning given 

15 the term in section 101 of title 5, United States 

16 Code. 

17 (E) MEMBER OF CONGRESS.—The term 

18 ‘‘Member of Congress’’ means a Member of the 

19 Senate or House of Representatives, a Delegate 

20 to the House of Representatives, and the Resi21 dent Commissioner from Puerto Rico. 

22 (F) EQUITY INTEREST.—The term ‘‘equity 

23 interest’’ means— 

24 (i) a share in an entity, without re25 gard to whether the share is— 


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1 (I) transferable; or 

2 (II) classified as stock or any3 thing similar; 

4 (ii) a capital or profit interest in a 

5 limited liability company or partnership; or 

6 (iii) a warrant or right, other than a 

7 right to convert, to purchase, sell, or sub8 scribe to a share or interest described in 

9 clause (i) or (ii), respectively. 

10 (2) REQUIREMENT.—The principal executive of11 ficer and the principal financial officer, or individ12 uals performing similar functions, of an entity seek13 ing to enter a transaction made under paragraph 

14 (36) or (37) of section 7(a) of the Small Business 

15 Act (15 U.S.C. 636(a)), as added and amended by 

16 this section, shall, before that transaction is ap17 proved, disclose to the Administrator whether the 

18 entity is a covered entity. 

19 (3) APPLICABILITY.—The requirement under 

20 paragraph (2)— 

21 (A) shall apply with respect to any trans22 action made under paragraph (36) or (37) of 

23 section 7(a) of the Small Business Act (15 

24 U.S.C. 636(a)), as added and amended by this 


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1 section, on or after the date of enactment of 

2 this Act; and 

3 (B) shall not apply with respect to— 

4 (i) any transaction described in sub5 paragraph (A) that was made before the 

6 date of enactment of this Act; or 

7 (ii) forgiveness under section 1106 of 

8 the CARES Act (15 U.S.C. 9005) or any 

9 other provision of law of any loan associ10 ated with any transaction described in sub11 paragraph (A) that was made before the 

12 date of enactment of this Act. 

13 (u) COMMITMENT AUTHORITY AND APPROPRIA14 TIONS.— 

15 (1) COMMITMENT AUTHORITY.—Section 

16 1102(b) of the CARES Act (Public Law 116–136) 

17 is amended— 

18 (A) in paragraph (1)— 

19 (i) in the paragraph heading, by in20 serting ‘‘AND SECOND DRAW’’ after 

21 ‘‘PPP’’; 

22 (ii) by striking ‘‘August 8, 2020’’ and 

23 inserting ‘‘December 31, 2020’’; 

24 (iii) by striking ‘‘paragraph (36)’’ and 

25 inserting ‘‘paragraphs (36) and (37)’’; and 


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1 (iv) by striking ‘‘$659,000,000,000’’ 

2 and inserting ‘‘$816,640,000,000’’; and 

3 (B) by amending paragraph (2) to read as 

4 follows: 

5 ‘‘(2) OTHER 7(A) LOANS.—During fiscal year 

6 2020, the amount authorized for commitments for 

7 section 7(a) of the Small Business Act (15 U.S.C. 

8 636(a)) under the heading ‘Small Business Adminis9 tration—Business Loans Program Account’ in the 

10 Financial Services and General Government Appro11 priations Act, 2020 (division C of Public Law 116– 

12 193) shall apply with respect to any commitments 

13 under such section 7(a) other than under para14 graphs (36) and (37) of such section 7(a).’’. 

15 (2) DIRECT APPROPRIATIONS.— 

16 (A) NEW DIRECT APPROPRIATIONS FOR

17 PPP LOANS, SECOND DRAW LOANS, AND THE

18 MBDA.— 

19 (i) PPP AND SECOND DRAW LOANS.— 

20 There is appropriated, out of amounts in 

21 the Treasury not otherwise appropriated, 

22 for the fiscal year ending September 30, 

23 2020, to remain available until September 

24 30, 2021, for additional amounts— 


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1 (I) $257,640,000,000 under the 

2 heading ‘‘Small Business Administra3 tion—Business Loans Program Ac4 count, CARES Act’’ for the cost of 

5 guaranteed loans as authorized under 

6 paragraph (36) and (37) of section 

7 7(a) of the Small Business Act (15 

8 U.S.C. 636(a)), as amended and 

9 added by this Act; 

10 (II) $10,000,000 under the head11 ing ‘‘Department of Commerce—Mi12 nority Business Development Agency’’ 

13 for minority business centers of the 

14 Minority Business Development Agen15 cy to provide technical assistance to 

16 small business concerns; and 

17 (III) $50,000,000 under the 

18 heading ‘‘Small Business Administra19 tion—Salaries and Expenses’’ for the 

20 cost of carrying out reviews and au21 dits of loans under subsection (l) of 

22 section 1106 of the CARES Act (15 

23 U.S.C. 9005), as amended by this 

24 Act. 


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1 (B) AVAILABILITY OF AMOUNTS APPRO2 PRIATED FOR THE OFFICE OF INSPECTOR GEN3 ERAL.—Section 1107(a)(3) of the CARES Act 

4 (15 U.S.C. 9006(a)(3)) is amended by striking 

5 ‘‘September 20, 2024’’ and inserting ‘‘ex6 pended’’. 

7 TITLE V—POSTAL SERVICE 

8 ASSISTANCE 

9 SEC. 5001. COVID–19 FUNDING FOR THE UNITED STATES 

10 POSTAL SERVICE. 

11 Section 6001 of the CARES Act (Public Law 116– 

12 136; 134 Stat. 281) is amended— 

13 (1) in the section heading, by striking ‘‘BOR14 ROWING AUTHORITY’’ and inserting ‘‘FUNDING’’; 

15 (2) by redesignating subsection (c) as sub16 section (e); and 

17 (3) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) AVAILABILITY OF AMOUNTS; NO REPAYMENT

20 REQUIRED.—Notwithstanding subsection (b) or any 

21 agreement entered into between the Secretary of the 

22 Treasury and the Postal Service under that subsection, 

23 the Postal Service— 


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1 ‘‘(1) may only use amounts borrowed under 

2 that subsection if the Postal Service has less than 

3 $8,000,000,000 in cash on hand; and 

4 ‘‘(2) shall not be required to repay the amounts 

5 borrowed under that subsection. 

6 ‘‘(d) CERTIFICATIONS.— 

7 ‘‘(1) POSTAL REGULATORY COMMISSION.—The 

8 Postal Service shall certify in its quarterly and au9 dited annual reports to the Postal Regulatory Com10 mission under section 3654 of title 39, United 

11 States Code, and in conformity with the require12 ments of section 13 or 15(d) of the Securities Ex13 change Act of 1934 (15 U.S.C. 78m, 78o(d)), any 

14 expenditures made using amounts borrowed under 

15 subsection (b) of this section. 

16 ‘‘(2) CONGRESS.—Not later than 15 days after 

17 filing a report described in paragraph (1) with the 

18 Postal Regulatory Commission, the Postal Service 

19 shall submit a copy of the information required to 

20 be certified under that paragraph to the Committee 

21 on Homeland Security and Governmental Affairs of 

22 the Senate and the Committee on Oversight and Re23 form of the House of Representatives.’’. 


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1 TITLE VI—EDUCATIONAL 

2 SUPPORT AND CHILD CARE 

3 Subtitle A—Emergency Education 

4 Freedom Grants; Tax Credits for 

5 Contributions to Eligible Schol6 arship-granting Organizations 

7 SEC. 6001. EMERGENCY EDUCATION FREEDOM GRANTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ELIGIBLE SCHOLARSHIP-GRANTING ORGANI10 ZATION.—The term ‘‘eligible scholarship-granting 

11 organization’’ means— 

12 (A) an organization that— 

13 (i) is described in section 501(c)(3) of 

14 the Internal Revenue Code of 1986 and ex15 empt from taxation under section 501(a) 

16 of such Code; 

17 (ii) provides qualifying scholarships to 

18 individual elementary and secondary stu19 dents who— 

20 (I) reside in the State in which 

21 the eligible scholarship-granting orga22 nization is recognized; or 

23 (II) in the case of funds provided 

24 to the Secretary of the Interior, at25 tending elementary schools or secVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 ondary schools operated or funded by 

2 the Bureau of Indian Education; 

3 (iii) allocates at least 90 percent of 

4 qualified contributions to qualifying schol5 arships on an annual basis; and 

6 (iv) provides qualifying scholarships 

7 to— 

8 (I) more than 1 eligible student; 

9 (II) more than 1 eligible family; 

10 and 

11 (III) different eligible students 

12 attending more than 1 education pro13 vider; 

14 (B) an organization that— 

15 (i) is described in section 501(c)(3) of 

16 the Internal Revenue Code of 1986 and ex17 empt from taxation under section 501(a) 

18 of such Code; and 

19 (ii) pursuant to State law, was able, 

20 as of January 1, 2021, to receive contribu21 tions that are eligible for a State tax credit 

22 if such contributions are used by the orga23 nization to provide scholarships to indi24 vidual elementary and secondary students, 


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1 including scholarships for attending private 

2 schools; or 

3 (C) an organization identified by a Gov4 ernor of a State to receive a subgrant from the 

5 State under subsection (d). 

6 (2) EMERGENCY EDUCATION FREEDOM GRANT

7 FUNDS.—The term ‘‘emergency education freedom 

8 grant funds’’ means the amount of funds available 

9 under subsection (b)(1) for this section that are not 

10 reserved under subsection (c)(1). 

11 (3) QUALIFIED CONTRIBUTION.—The term 

12 ‘‘qualified contribution’’ means a contribution of 

13 cash to any eligible scholarship-granting organiza14 tion. 

15 (4) QUALIFIED EXPENSE.—The term ‘‘qualified 

16 expense’’ means any educational expense that is— 

17 (A) for an individual student’s elementary 

18 or secondary education, as recognized by the 

19 State; or 

20 (B) for the secondary education component 

21 of an individual elementary or secondary stu22 dent’s career and technical education, as de23 fined by section 3(5) of the Carl D. Perkins Ca24 reer and Technical Education Act of 2006 (20 

25 U.S.C. 2302(5)). 


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1 (5) QUALIFYING SCHOLARSHIP.—The term 

2 ‘‘qualifying scholarship’’ means a scholarship grant3 ed by an eligible scholarship-granting organization to 

4 an individual elementary or secondary student for a 

5 qualified expense. 

6 (6) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Education. 

8 (7) STATE.—The term ‘‘State’’ means each of 

9 the 50 States, the District of Columbia, and the 

10 Commonwealth of Puerto Rico. 

11 (b) GRANTS.— 

12 (1) PROGRAM AUTHORIZED.—From the funds 

13 appropriated to carry out this section, the Secretary 

14 shall carry out subsection (c) and award emergency 

15 education freedom grants to States with approved 

16 applications, in order to enable the States to award 

17 subgrants to eligible scholarship-granting organiza18 tions under subsection (d). 

19 (2) TIMING.—The Secretary shall make the al20 lotments required under this subsection by not later 

21 than 30 days after the date of enactment of this 

22 Act. 

23 (c) RESERVATION AND ALLOTMENTS.— 


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1 (1) IN GENERAL.—From the amounts made 

2 available under subsection (b)(1), the Secretary 

3 shall— 

4 (A) reserve— 

5 (i) one-half of 1 percent for allotments 

6 for the United States Virgin Islands, 

7 Guam, American Samoa, and the Com8 monwealth of the Northern Mariana Is9 lands, to be distributed among those out10 lying areas on the basis of their relative 

11 need, as determined by the Secretary, in 

12 accordance with the purpose of this sec13 tion; and 

14 (ii) one-half of 1 percent of such 

15 amounts for the Secretary of the Interior, 

16 acting through the Bureau of Indian Edu17 cation, to be used to provide subgrants de18 scribed in subsection (d) to eligible scholar19 ship-granting organizations that serve stu20 dents attending elementary schools or sec21 ondary schools operated or funded by the 

22 Bureau of Indian Education; and 

23 (B) subject to paragraph (2), allot each 

24 State that submits an approved application 

25 under this section the sum of— 


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1 (i) the amount that bears the same 

2 relation to 20 percent of the emergency 

3 education freedom grant funds as the num4 ber of individuals aged 5 through 17 in the 

5 State, as determined by the Secretary on 

6 the basis of the most recent satisfactory 

7 data, bears to the number of those individ8 uals, as so determined, in all such States 

9 that submitted approved applications; and 

10 (ii) an amount that bears the same re11 lationship to 80 percent of the emergency 

12 education freedom grant funds as the num13 ber of individuals aged 5 through 17 from 

14 families with incomes below the poverty 

15 line in the State, as determined by the Sec16 retary on the basis of the most recent sat17 isfactory data, bears to the number of 

18 those individuals, as so determined, in all 

19 such States that submitted approved appli20 cations. 

21 (2) MINIMUM ALLOTMENT.—No State shall re22 ceive an allotment under this subsection for a fiscal 

23 year that is less than one-half of 1 percent of the 

24 amount of emergency education freedom grant funds 

25 available for such fiscal year. 


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1 (d) SUBGRANTS TO ELIGIBLE SCHOLARSHIP-GRANT2 ING ORGANIZATIONS.— 

3 (1) IN GENERAL.—A State that receives an al4 lotment under this section shall use the allotment to 

5 award subgrants, on a basis determined appropriate 

6 by the State, to eligible scholarship-granting organi7 zations in the State. 

8 (2) INITIAL TIMING.— 

9 (A) STATES WITH EXISTING TAX CREDIT

10 SCHOLARSHIP PROGRAM.—By not later than 30 

11 days after receiving an allotment under sub12 section (c)(1)(B), a State with an existing, as 

13 of the date of application for an allotment 

14 under this section, tax credit scholarship pro15 gram shall use not less than 50 percent of the 

16 allotment to award subgrants to eligible schol17 arship-granting organizations under subsection 

18 (a)(1)(B) in the State in proportion to the con19 tributions received in calendar year 2019 that 

20 were eligible for a State tax credit if such con21 tributions are used by the organization to pro22 vide scholarships to individual elementary and 

23 secondary students, including scholarships for 

24 attending private schools. 


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1 (B) STATES WITHOUT TAX CREDIT SCHOL2 ARSHIP PROGRAMS.—By not later than 60 days 

3 after receiving an allotment under subsection 

4 (c)(1)(B), a State without a tax credit scholar5 ship program shall use not less than 50 percent 

6 of the allotment to award subgrants to eligible 

7 scholarship-granting organizations in the State. 

8 (3) USES OF FUNDS.— An eligible scholarship9 granting organization that receives a subgrant under 

10 this subsection— 

11 (A) may reserve not more than 5 percent 

12 of the subgrant funds for public outreach, stu13 dent and family support activities, and adminis14 trative expenses related to the subgrant; and 

15 (B) shall use not less than 95 percent of 

16 the subgrant funds to provide qualifying schol17 arships for qualified expenses only to individual 

18 elementary school and secondary school stu19 dents who reside in the State in which the eligi20 ble scholarship-granting organization is recog21 nized. 

22 (e) REALLOCATION.—A State shall return to the Sec23 retary any amounts of the allotment received under this 

24 section that the State does not award as subgrants under 

25 subsection (d) by March 30, 2021, and the Secretary shall 


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1 reallocate such funds to the remaining eligible States in 

2 accordance with subsection (c)(1)(B). 

3 (f) RULES OF CONSTRUCTION.— 

4 (1) IN GENERAL.—A qualifying scholarship 

5 awarded to a student from funds provided under this 

6 section shall not be considered assistance to the 

7 school or other educational provider that enrolls, or 

8 provides educational services to, the student or the 

9 student’s parents. 

10 (2) EXCLUSION FROM INCOME.— 

11 (A) INCOME TAXES.—For purposes of the 

12 Internal Revenue Code of 1986, gross income 

13 shall not include any amount received by an in14 dividual as a qualifying scholarship. 

15 (B) FEDERALLY FUNDED PROGRAMS.— 

16 Any amount received by an individual as a 

17 qualifying scholarship shall not be taken into 

18 account as income or resources for purposes of 

19 determining the eligibility of such individual or 

20 any other individual for benefits or assistance, 

21 or the amount or extent of such benefits or as22 sistance, under any Federal program or under 

23 any State or local program financed in whole or 

24 in part with Federal funds. 


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1 (3) PROHIBITION OF CONTROL OVER NON2 PUBLIC EDUCATION PROVIDERS.— 

3 (A)(i) Nothing in this section shall be con4 strued to permit, allow, encourage, or authorize 

5 any Federal control over any aspect of any pri6 vate, religious, or home education provider, 

7 whether or not a home education provider is 

8 treated as a private school or home school 

9 under State law. 

10 (ii) This section shall not be construed to 

11 exclude private, religious, or home education 

12 providers from participation in programs or 

13 services under this section. 

14 (B) Nothing in this section shall be con15 strued to permit, allow, encourage, or authorize 

16 a State to mandate, direct, or control any as17 pect of a private or home education provider, 

18 regardless of whether or not a home education 

19 provider is treated as a private school under 

20 State law. 

21 (C) No participating State shall exclude, 

22 discriminate against, or otherwise disadvantage 

23 any education provider with respect to pro24 grams or services under this section based in 

25 whole or in part on the provider’s religious 


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1 character or affiliation, including religiously 

2 based or mission-based policies or practices. 

3 (4) PARENTAL RIGHTS TO USE SCHOLAR4 SHIPS.—No participating State shall disfavor or dis5 courage the use of qualifying scholarships for the 

6 purchase of elementary and secondary education 

7 services, including those services provided by private 

8 or nonprofit entities, such as faith-based providers. 

9 (5) STATE AND LOCAL AUTHORITY.—Nothing 

10 in this section shall be construed to modify a State 

11 or local government’s authority and responsibility to 

12 fund education. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary. 

16 SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE 

17 SCHOLARSHIP-GRANTING ORGANIZATIONS. 

18 (a) CREDIT FOR INDIVIDUALS.—Subpart A of part 

19 IV of subchapter A of chapter 1 of the Internal Revenue 

20 Code of 1986 is amended by adding after section 25D the 

21 following new section: 

22 ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP23 GRANTING ORGANIZATIONS. 

24 ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section 

25 6003(c) of the Delivering Immediate Relief to America’s 


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1 Families, Schools and Small Businesses Act, in the case 

2 of an individual, there shall be allowed as a credit against 

3 the tax imposed by this chapter for the taxable year an 

4 amount equal to the sum of any qualified contributions 

5 made by the taxpayer during the taxable year. 

6 ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under 

7 subsection (a) for any taxable year shall not exceed 10 

8 percent of the taxpayer’s adjusted gross income for the 

9 taxable year. 

10 ‘‘(c) DEFINITIONS.—For purposes of this section— 

11 ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA12 NIZATION.—The term ‘eligible scholarship-granting 

13 organization’ means— 

14 ‘‘(A) an organization that— 

15 ‘‘(i) is described in section 501(c)(3) 

16 and exempt from taxation under section 

17 501(a), 

18 ‘‘(ii) provides qualifying scholarships 

19 to individual elementary and secondary 

20 students who— 

21 ‘‘(I) reside in the State in which 

22 the eligible scholarship-granting orga23 nization is recognized, or 


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1 ‘‘(II) in the case of the Bureau of 

2 Indian Education, are members of a 

3 federally recognized tribe, 

4 ‘‘(iii) a State identifies to the Sec5 retary as an eligible scholarship-granting 

6 organization under section 6003(c)(5)(B) 

7 of the Delivering Immediate Relief to 

8 America’s Families, Schools and Small 

9 Businesses Act, 

10 ‘‘(iv) allocates at least 90 percent of 

11 qualified contributions to qualifying schol12 arships on an annual basis, and 

13 ‘‘(v) provides qualifying scholarships 

14 to— 

15 ‘‘(I) more than 1 eligible student, 

16 ‘‘(II) more than 1 eligible family, 

17 and 

18 ‘‘(III) different eligible students 

19 attending more than 1 education pro20 vider, or 

21 ‘‘(B) an organization that— 

22 ‘‘(i) is described in section 501(c)(3) 

23 and exempt from taxation under section 

24 501(a), and 


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1 ‘‘(ii) pursuant to State law, was able, 

2 as of January 1, 2021, to receive contribu3 tions that are eligible for a State tax credit 

4 if such contributions are used by the orga5 nization to provide scholarships to indi6 vidual elementary and secondary students, 

7 including scholarships for attending private 

8 schools. 

9 ‘‘(2) QUALIFIED CONTRIBUTION.—The term 

10 ‘qualified contribution’ means a contribution of cash 

11 to any eligible scholarship-granting organization. 

12 ‘‘(3) QUALIFIED EXPENSE.—The term ‘quali13 fied expense’ means any educational expense that 

14 is— 

15 ‘‘(A) for an individual student’s elementary 

16 or secondary education, as recognized by the 

17 State, or 

18 ‘‘(B) for the secondary education compo19 nent of an individual elementary or secondary 

20 student’s career and technical education, as de21 fined by section 3(5) of the Carl D. Perkins Ca22 reer and Technical Education Act of 2006 (20 

23 U.S.C. 2302(5)). 

24 ‘‘(4) QUALIFYING SCHOLARSHIP.—The term 

25 ‘qualifying scholarship’ means a scholarship granted 


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1 by an eligible scholarship-granting organization to 

2 an individual elementary or secondary student for a 

3 qualified expense. 

4 ‘‘(5) STATE.—The term ‘State’ means each of 

5 the 50 States, the District of Columbia, the Com6 monwealth of Puerto Rico, the outlying areas (as de7 fined in section 1121(c) of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 6331(c)), 

9 and the Department of the Interior (acting through 

10 the Bureau of Indian Education). 

11 ‘‘(d) RULES OF CONSTRUCTION.— 

12 ‘‘(1) IN GENERAL.—A qualifying scholarship 

13 awarded to a student from the proceeds of a quali14 fied contribution under this section shall not be con15 sidered assistance to the school or other educational 

16 provider that enrolls, or provides educational services 

17 to, the student or the student’s parents. 

18 ‘‘(2) EXCLUSION FROM INCOME.—Gross income 

19 shall not include any amount received by an indi20 vidual as a qualifying scholarship and such amount 

21 shall not be taken into account as income or re22 sources for purposes of determining the eligibility of 

23 such individual or any other individual for benefits 

24 or assistance, or the amount or extent of such bene25 fits or assistance, under any Federal program or 


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1 under any State or local program financed in whole 

2 or in part with Federal funds. 

3 ‘‘(3) PROHIBITION OF CONTROL OVER NON4 PUBLIC EDUCATION PROVIDERS.— 

5 ‘‘(A)(i) Nothing in this section shall be 

6 construed to permit, allow, encourage, or au7 thorize any Federal control over any aspect of 

8 any private, religious, or home education pro9 vider, whether or not a home education provider 

10 is treated as a private school or home school 

11 under State law. 

12 ‘‘(ii) This section shall not be construed to 

13 exclude private, religious, or home education 

14 providers from participation in programs or 

15 services under this section. 

16 ‘‘(B) Nothing in this section shall be con17 strued to permit, allow, encourage, or authorize 

18 an entity submitting a list of eligible scholar19 ship-granting organizations on behalf of a State 

20 pursuant to section 6003(c)(5) of the Delivering 

21 Immediate Relief to America’s Families, 

22 Schools and Small Businesses Act to mandate, 

23 direct, or control any aspect of a private or 

24 home education provider, regardless of whether 


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1 or not a home education provider is treated as 

2 a private school under State law. 

3 ‘‘(C) No participating State or entity act4 ing on behalf of a State pursuant to section 

5 6003(c)(5) of the Delivering Immediate Relief 

6 to America’s Families, Schools and Small Busi7 nesses Act shall exclude, discriminate against, 

8 or otherwise disadvantage any education pro9 vider with respect to programs or services 

10 under this section based in whole or in part on 

11 the provider’s religious character or affiliation, 

12 including religiously-based or mission-based 

13 policies or practices. 

14 ‘‘(4) PARENTAL RIGHTS TO USE SCHOLAR15 SHIPS.—No participating State or entity acting on 

16 behalf of a State pursuant to section 6003(c)(5) of 

17 the Delivering Immediate Relief to America’s Fami18 lies, Schools and Small Businesses Act shall disfavor 

19 or discourage the use of qualifying scholarships for 

20 the purchase of elementary and secondary education 

21 services, including those services provided by private 

22 or nonprofit entities, such as faith-based providers. 

23 ‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing 

24 in this section shall be construed to modify a State 


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1 or local government’s authority and responsibility to 

2 fund education. 

3 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Secretary 

4 shall prescribe such regulations or other guidance to en5 sure that the sum of the tax benefits provided by Federal, 

6 State, or local law for a qualified contribution receiving 

7 a Federal tax credit in any taxable year does not exceed 

8 the sum of the qualified contributions made by the tax9 payer for the taxable year. 

10 ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax credit al11 lowed under this section is not fully used within the appli12 cable taxable year because of insufficient tax liability on 

13 the part of the taxpayer, the unused amount may be car14 ried forward for a period not to exceed 5 years. 

15 ‘‘(g) ELECTION.—This section shall apply to a tax16 payer for a taxable year only if the taxpayer elects to have 

17 this section apply for such taxable year. 

18 ‘‘(h) ALTERNATIVE MINIMUM TAX.—For purposes of 

19 calculating the alternative minimum tax under section 55, 

20 a taxpayer may use any credit received for a qualified con21 tribution under this section. 

22 ‘‘(i) TERMINATION.—This section shall not apply to 

23 any contributions made in taxable years beginning after 

24 December 31, 2022.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for subpart A of part IV of subchapter A of chapter 1 

3 of the Internal Revenue Code of 1986 is amended by in4 serting after the item relating to section 25D the following 

5 new item: 

‘‘Sec. 25E. Contributions to eligible scholarship-granting organizations.’’. 

6 (c) CREDIT FOR CORPORATIONS.—Subpart D of part 

7 IV of subchapter A of chapter 1 of the Internal Revenue 

8 Code of 1986 is amended by adding at the end the fol9 lowing new section: 

10 ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP11 GRANTING ORGANIZATIONS. 

12 ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section 

13 6003(c) of the Delivering Immediate Relief to America’s 

14 Families, Schools and Small Businesses Act, for purposes 

15 of section 38, in the case of a domestic corporation, there 

16 shall be allowed as a credit against the tax imposed by 

17 this chapter for the taxable year an amount equal to the 

18 sum of any qualified contributions (as defined in section 

19 25E(c)(2)) made by such corporation during the taxable 

20 year. 

21 ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under 

22 subsection (a) for any taxable year shall not exceed 5 per23 cent of the taxable income (as defined in section 

24 170(b)(2)(D)) of the domestic corporation for such taxable 

25 year. 


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1 ‘‘(c) ADDITIONAL PROVISIONS.—For purposes of this 

2 section, any qualified contributions made by a domestic 

3 corporation shall be subject to the provisions of section 

4 25E (including subsection (d) of such section), to the ex5 tent applicable. 

6 ‘‘(d) ELECTION.—This section shall apply to a tax7 payer for a taxable year only if the taxpayer elects to have 

8 this section apply for such taxable year. 

9 ‘‘(e) TERMINATION.—This section shall not apply to 

10 any contributions made in taxable years beginning after 

11 December 31, 2022.’’. 

12 (d) CREDIT PART OF GENERAL BUSINESS CRED13 IT.—Section 38(b) is amended— 

14 (1) by striking ‘‘plus’’ at the end of paragraph 

15 (32); 

16 (2) by striking the period at the end of para17 graph (33) and inserting ‘‘, plus’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(34) the credit for qualified contributions de21 termined under section 45U(a).’’. 

22 (e) CLERICAL AMENDMENT.—The table of sections 

23 for subpart D of part IV of subchapter A of chapter 1 

24 is amended by adding at the end the following new item: 

‘‘Sec. 45U. Contributions to eligible scholarship-granting organizations.’’. 


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1 (f) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2020. 

4 SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS WEB 

5 PORTAL AND ADMINISTRATION. 

6 (a) IN GENERAL.—The Secretary of the Treasury 

7 shall, in coordination with the Secretary of Education, es8 tablish, host, and maintain a web portal that— 

9 (1) lists all eligible scholarship-granting organi10 zations; 

11 (2) enables a taxpayer to make a qualifying 

12 contribution to one or more eligible scholarship13 granting organizations and to immediately obtain 

14 both a pre-approval of a tax credit for that contribu15 tion and a receipt for tax filings; 

16 (3) provides information about the tax benefits 

17 under sections 25E and 45U of the Internal Rev18 enue Code of 1986; and 

19 (4) enables a State to submit and update infor20 mation about its programs and its eligible scholar21 ship-granting organizations for informational pur22 poses only, including information on— 

23 (A) student eligibility; 

24 (B) allowable educational expenses; 


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1 (C) the types of allowable education pro2 viders; 

3 (D) the percentage of funds an organiza4 tion may use for program administration; and 

5 (E) the percentage of total contributions 

6 the organization awards in a calendar year. 

7 (b) NONPORTAL CONTRIBUTIONS.—A taxpayer may 

8 opt to make a contribution directly to an eligible scholar9 ship-granting organization, instead of through the web 

10 portal described in subsection (a), provided that the tax11 payer, or the eligible scholarship-granting organization on 

12 behalf of the taxpayer, applies for, and receives pre-ap13 proval for a tax credit from the Secretary of the Treasury 

14 in coordination with the Secretary of Education. 

15 (c) NATIONAL AND STATE LIMITATIONS ON CRED16 ITS.— 

17 (1) NATIONAL LIMITATION.—For each fiscal 

18 year, the total amount of qualifying contributions for 

19 which a credit is allowed under sections 25E and 

20 45U of the Internal Revenue Code of 1986 shall not 

21 exceed $5,000,000,000. 

22 (2) ALLOCATION OF LIMITATION.— 

23 (A) INITIAL ALLOCATIONS.—For each cal24 endar year, with respect to the limitation under 

25 paragraph (1), the Secretary of the Treasury, 


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1 in consultation with the Secretary of Education, 

2 shall— 

3 (i) allocate to each State an amount 

4 equal to the sum of the qualifying con5 tributions made in the State in the pre6 vious year; and 

7 (ii) from any amounts remaining fol8 lowing allocations made under clause (i), 

9 allocate to each participating State an 

10 amount equal to the sum of— 

11 (I) an amount that bears the 

12 same relationship to 20 percent of 

13 such remaining amount as the num14 ber of individuals aged 5 through 17 

15 in the State, as determined by the 

16 Secretary of Education on the basis of 

17 the most recent satisfactory data, 

18 bears to the number of those individ19 uals in all such States, as so deter20 mined; and 

21 (II) an amount that bears the 

22 same relationship to 80 percent of 

23 such remaining amount as the num24 ber of individuals aged 5 through 17 

25 from families with incomes below the 


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1 poverty line in the State, as deter2 mined by the Secretary of Education, 

3 on the basis of the most recent satis4 factory data, bears to the number of 

5 those individuals in all such States, as 

6 so determined. 

7 (B) MINIMUM ALLOCATION.—Notwith8 standing subparagraph (A), no State receiving 

9 an allocation under this section may receive less 

than 1 10 ⁄2 of 1 percent of the amount allocated 

11 for a fiscal year. 

12 (3) ALLOWABLE PARTNERSHIPS.—A State may 

13 choose to administer the allocation it receives under 

14 paragraph (2) in partnership with one or more 

15 States, provided that the eligible scholarship-grant16 ing organizations in each partner State serve stu17 dents who reside in all States in the partnership. 

18 (4) TOTAL ALLOCATION.—A State’s allocation, 

19 for any fiscal year, is the sum of the amount deter20 mined for such State under subparagraphs (A) and 

21 (B) of paragraph (2). 

22 (5) ALLOCATION AND ADJUSTMENTS.— 

23 (A) INITIAL ALLOCATION TO STATES.—Not 

24 later than November 1 of the year preceding a 

25 year for which there is a national limitation on 


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1 credits under paragraph (1) (referred to in this 

2 section as the ‘‘applicable year’’), or as early as 

3 practicable with respect to the first year, the 

4 Secretary of the Treasury shall announce the 

5 State allocations under paragraph (2) for the 

6 applicable year. 

7 (B) LIST OF ELIGIBLE SCHOLARSHIP8 GRANTING ORGANIZATIONS.— 

9 (i) IN GENERAL.—Not later than Jan10 uary 1 of each applicable year, or as early 

11 as practicable with respect to the first 

12 year, each State shall provide the Sec13 retary of the Treasury a list of eligible 

14 scholarship-granting organizations, includ15 ing a certification that the entity submit16 ting the list on behalf of the State has the 

17 authority to perform this function. 

18 (ii) RULE OF CONSTRUCTION.—Nei19 ther this section nor any other Federal law 

20 shall be construed as limiting the entities 

21 that may submit the list on behalf of a 

22 State. 

23 (C) REALLOCATION OF UNCLAIMED CRED24 ITS.—The Secretary of the Treasury shall reVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 allocate a State’s allocation to other States, in 

2 accordance with paragraph (2), if the State— 

3 (i) chooses not to identify scholarship4 granting organizations under subparagraph 

5 (B) in any applicable year; or 

6 (ii) does not have an existing eligible 

7 scholarship-granting organization. 

8 (D) REALLOCATION.—On or after April 1 

9 of any applicable year, the Secretary of the 

10 Treasury may reallocate, to one or more other 

11 States that have eligible scholarship-granting 

12 organizations in the States, without regard to 

13 paragraph (2), the allocation of a State for 

14 which the State’s allocation has not been 

15 claimed. 

16 (d) DEFINITIONS.—Any term used in this section 

17 which is also used in section 25E of the Internal Revenue 

18 Code of 1986 shall have the same meaning as when used 

19 in such section. 

20 SEC. 6004. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND 

21 ADDITIONAL ELEMENTARY AND SECONDARY 

22 EXPENSES. 

23 (a) IN GENERAL.—Section 529(c)(7) of the Internal 

24 Revenue Code of 1986 is amended— 

25 (1) by striking ‘‘Any reference’’ and inserting 


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1 ‘‘(A) IN GENERAL.—Any reference’’, and 

2 (2) by adding at the end the following new sub3 paragraphs: 

4 ‘‘(B) ADDITIONAL EXPENSES.—In the case 

5 of any distribution made after the date of the 

6 enactment of the Delivering Immediate Relief 

7 to America’s Families, Schools and Small Busi8 nesses Act and before January 1, 2023, any 

9 reference in this section to the term ‘qualified 

10 higher education expense’ shall include a ref11 erence to the following expenses in connection 

12 with enrollment or attendance at, or for stu13 dents enrolled at or attending, an elementary or 

14 secondary public, private, or religious school: 

15 ‘‘(i) Curriculum and curricular mate16 rials. 

17 ‘‘(ii) Books or other instructional ma18 terials. 

19 ‘‘(iii) Online educational materials. 

20 ‘‘(iv) Tuition for tutoring or edu21 cational classes outside of the home, in22 cluding at a tutoring facility, but only if 

23 the tutor or instructor is not related to the 

24 student and— 


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1 ‘‘(I) is licensed as a teacher in 

2 any State, 

3 ‘‘(II) has taught at an eligible 

4 educational institution, or 

5 ‘‘(III) is a subject matter expert 

6 in the relevant subject. 

7 ‘‘(v) Fees for a nationally standard8 ized norm-referenced achievement test, an 

9 advanced placement examination, or any 

10 examinations related to college or univer11 sity admission. 

12 ‘‘(vi) Fees for dual enrollment in an 

13 institution of higher education. 

14 ‘‘(vii) Educational therapies for stu15 dents with disabilities provided by a li16 censed or accredited practitioner or pro17 vider, including occupational, behavioral, 

18 physical, and speech-language therapies. 

19 ‘‘(C) TREATMENT OF HOMESCHOOL EX20 PENSES.—In the case of any distribution made 

21 after the date of the enactment of the Deliv22 ering Immediate Relief to America’s Families, 

23 Schools and Small Businesses Act and before 

24 January 1, 2023, the term ‘qualified higher 

25 education expense’ shall include expenses for 


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1 the purposes described in subparagraphs (A) 

2 and (B) in connection with a homeschool 

3 (whether treated as a homeschool or a private 

4 school for purposes of applicable State law).’’. 

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

6 this section shall apply to distributions made after the 

7 date of the enactment of this Act. 

8 Subtitle B—Back to Work Child 

9 Care Grants 

10 SEC. 6101. BACK TO WORK CHILD CARE GRANTS. 

11 (a) PURPOSE.—The purpose of this section is to sup12 port the recovery of the United States economy by pro13 viding assistance to aid in reopening child care programs, 

14 and maintaining the availability of child care in the United 

15 States, so that parents can access safe care and return 

16 to work. 

17 (b) DEFINITIONS.—In this section: 

18 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 

19 The term ‘‘COVID–19 public health emergency’’ 

20 means the public health emergency declared by the 

21 Secretary of Health and Human Services under sec22 tion 319 of the Public Health Service Act (42 

23 U.S.C. 247d) on January 31, 2020, with respect to 

24 COVID–19, including any renewal of such declara25 tion. 


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1 (2) ELIGIBLE CHILD CARE PROVIDER.—The 

2 term ‘‘eligible child care provider’’ means— 

3 (A) an eligible child care provider as de4 fined in section 658P(6)(A) of the Child Care 

5 and Development Block Grant Act of 1990 (42 

6 U.S.C. 9858n(6)(A)); and 

7 (B) a child care provider that— 

8 (i) is license-exempt and operating le9 gally in the State; 

10 (ii) is not providing child care services 

11 to relatives; and 

12 (iii) satisfies State and local require13 ments, including those referenced in sec14 tion 658E(c)(2)(I) of the Child Care and 

15 Development Block Grant Act of 1990 

16 ((42 U.S.C. 9858c)(c)(2)(I)). 

17 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

18 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 

19 have the meanings given the terms in section 658P 

20 of the Child Care and Development Block Grant Act 

21 of 1990 (42 U.S.C. 9858n). 

22 (4) LEAD AGENCY.—The term ‘‘lead agency’’ 

23 has the meaning given the term in section 658P of 

24 the Child Care and Development Block Grant Act of 

25 1990 (42 U.S.C. 9858n). 


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1 (5) QUALIFIED CHILD CARE PROVIDER.—The 

2 term ‘‘qualified child care provider’’ means an eligi3 ble child care provider with an application approved 

4 under subsection (g) for the program involved. 

5 (6) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Health and Human Services. 

7 (7) STATE.—The term ‘‘State’’ has the mean8 ing given the term in section 658P of the Child Care 

9 and Development Block Grant Act of 1990 (42 

10 U.S.C. 9858n). 

11 (c) GRANTS FOR CHILD CARE PROGRAMS.—From 

12 the funds appropriated to carry out this section, the Sec13 retary shall make Back to Work Child Care grants to 

14 States, Indian tribes, and tribal organizations, that submit 

15 notices of intent to provide assurances under subsection 

16 (d)(2). The grants shall provide for subgrants to qualified 

17 child care providers, for a transition period of not more 

18 than 9 months to assist in paying for fixed costs and in19 creased operating expenses due to COVID–19, and to re20 enroll children in an environment that supports the health 

21 and safety of children and staff. 

22 (d) PROCESS FOR ALLOCATION OF FUNDS.— 

23 (1) ALLOCATION.—Any funds that are appro24 priated to carry out this section shall be distributed 

25 by the Secretary to the Administration for Children 


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1 and Families for distribution under the Child Care 

2 and Development Block Grant Act of 1990 (42 

3 U.S.C. 9857 et seq.) in accordance with subsection 

4 (e)(2) of this section. 

5 (2) NOTICE.—Not later than 7 days after funds 

6 are appropriated to carry out this section, the Sec7 retary shall provide to States, Indian tribes, and 

8 tribal organizations a notice of funding availability, 

9 for Back to Work Child Care grants under sub10 section (c) from allotments and payments under sub11 section (e)(2). The Secretary shall issue a notice of 

12 the funding allocations for each State, Indian tribe, 

13 and tribal organization not later than 14 days after 

14 funds are appropriated to carry out this section. 

15 (3) NOTICE OF INTENT.—Not later than 14 

16 days after issuance of a notice of funding allocations 

17 under paragraph (1), a State, Indian tribe, or tribal 

18 organization that seeks such a grant shall submit to 

19 the Secretary a notice of intent to provide assur20 ances for such grant. The notice of intent shall in21 clude a certification that the State, Indian tribe, or 

22 tribal organization will repay the grant funds if such 

23 State, Indian tribe, or tribal organization fails to 

24 provide assurances that meet the requirements of 

25 subsection (f) or to comply with such an assurance. 


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1 (4) GRANTS TO LEAD AGENCIES.—The Sec2 retary may make grants under subsection (c) to the 

3 lead agency of each State, Indian tribe, or tribal or4 ganization, upon receipt of the notice of intent to 

5 provide assurances for such grant. 

6 (5) PROVISION OF ASSURANCES.—Not later 

7 than 15 days after receiving the grant, the State, In8 dian tribe, or tribal organization shall provide assur9 ances that meet the requirements of subsection (f). 

10 (e) FEDERAL RESERVATION; ALLOTMENTS AND PAY11 MENTS.— 

12 (1) RESERVATION.—The Secretary shall reserve 

13 not more than 1 percent of the amount appropriated 

14 to carry out this section to pay for the costs of the 

15 Federal administration of this section. The amount 

16 appropriated to carry out this section and reserved 

17 under this paragraph shall remain available through 

18 fiscal year 2021. 

19 (2) ALLOTMENTS AND PAYMENTS.—The Sec20 retary shall use the remaining portion of such 

21 amount to make allotments and payments, to States, 

22 Indian tribes, and tribal organizations that submit 

23 such a notice of intent to provide assurances, in ac24 cordance with paragraphs (1) and (2) of subsection 

25 (a), and subsection (b), of section 658O of the Child 


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1 Care and Development Block Grant Act of 1990 (42 

2 U.S.C. 9858m), for the grants described in sub3 section (c). 

4 (f) ASSURANCES.—A State, Indian tribe, or tribal or5 ganization that receives a grant under subsection (c) shall 

6 provide to the Secretary assurances that the lead agency 

7 will— 

8 (1) require as a condition of subgrant funding 

9 under subsection (g) that each eligible child care 

10 provider applying for a subgrant from the lead agen11 cy— 

12 (A) has been an eligible child care provider 

13 in continuous operation and serving children 

14 through a child care program immediately prior 

15 to March 1, 2020; 

16 (B) agree to follow all applicable State, 

17 local, and tribal health and safety requirements 

18 and, if applicable, enhanced protocols for child 

19 care services and related to COVID–19 or an20 other health or safety condition; 

21 (C) agree to comply with the documenta22 tion and reporting requirements under sub23 section (h); and 

24 (D) certify in good faith that the child care 

25 program of the provider will remain open for 


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1 not less than 1 year after receiving such a 

2 subgrant, unless such program is closed due to 

3 extraordinary circumstances, including a state 

4 of emergency declared by the Governor or a 

5 major disaster or emergency declared by the 

6 President under section 401 or 501, respec7 tively, of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 

9 5170, 5191); 

10 (2) ensure eligible child care providers in urban, 

11 suburban, and rural areas can readily apply for and 

12 access funding under this section, which shall in13 clude the provision of technical assistance either di14 rectly or through resource and referral agencies or 

15 staffed family child care provider networks; 

16 (3) ensure that subgrant funds are made avail17 able to eligible child care providers regardless of 

18 whether the eligible child care provider is providing 

19 services for which assistance is made available under 

20 the Child Care and Development Block Grant Act of 

21 1990 (42 U.S.C. 9857 et seq.) at the time of appli22 cation for a subgrant; 

23 (4) through at least December 31, 2020, con24 tinue to expend funds provided under the Child Care 

25 and Development Block Grant Act of 1990 (42 


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1 U.S.C. 9857 et seq.) for the purpose of continuing 

2 payments and assistance to qualified child care pro3 viders on the basis of applicable reimbursements 

4 prior to March 2020; 

5 (5) undertake a review of burdensome State, 

6 local, and tribal regulations and requirements that 

7 hinder the opening of new licensed child care pro8 grams to meet the needs of the working families in 

9 the State or tribal community, as applicable; 

10 (6) make available to the public, which shall in11 clude, at a minimum, posting to an internet website 

12 of the lead agency— 

13 (A) notice of funding availability through 

14 subgrants for qualified child care providers 

15 under this section; and 

16 (B) the criteria for awarding subgrants for 

17 qualified child care providers, including the 

18 methodology the lead agency used to determine 

19 and disburse funds in accordance with subpara20 graphs (D) and (E) of subsection (g)(4); and 

21 (7) ensure the maintenance of a delivery system 

22 of child care services throughout the State that pro23 vides for child care in a variety of settings, including 

24 the settings of family child care providers. 

25 (g) LEAD AGENCY USE OF FUNDS.— 


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1 (1) IN GENERAL.—A lead agency that receives 

2 a Back to Work Child Care grant under this sec3 tion— 

4 (A) shall use a portion that is not less 

5 than 94 percent of the grant funds to award 

6 subgrants to qualified child care providers as 

7 described in the lead agency’s assurances pur8 suant to subsection (f); 

9 (B) shall reserve not more than 6 percent 

10 of the funds to— 

11 (i) use not less than 1 percent of the 

12 funds to provide technical assistance and 

13 support in applying for and accessing 

14 funding through such subgrants to eligible 

15 child care providers, including to rural pro16 viders, family child care providers, and 

17 providers with limited administrative ca18 pacity; and 

19 (ii) use the remainder of the reserved 

20 funds to— 

21 (I) administer subgrants to quali22 fied child care providers under para23 graph (4), which shall include moni24 toring the compliance of qualified 

25 child care providers with applicable 


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1 State, local, and tribal health and 

2 safety requirements; and 

3 (II) comply with the reporting 

4 and documentation requirements de5 scribed in subsection (h); and 

6 (C)(i) shall not make more than 1 

7 subgrant under paragraph (4) to a child care 

8 provider, except as described in clause (ii); and 

9 (ii) may make multiple subgrants to a 

10 qualified child care provider, if the lead agency 

11 makes each subgrant individually for 1 child 

12 care program operated by the provider and the 

13 funds from the multiple subgrants are not 

14 pooled for use for more than 1 of the programs. 

15 (2) ROLE OF THIRD PARTY.—The lead agency 

16 may designate a third party, such as a child care re17 source and referral agency, to carry out the respon18 sibilities of the lead agency, and oversee the activi19 ties conducted by qualified child care providers 

20 under this subsection. 

21 (3) OBLIGATION AND RETURN OF FUNDS.— 

22 (A) OBLIGATION.— 

23 (i) IN GENERAL.—The lead agency 

24 shall obligate at least 50 percent of the 

25 grant funds in the portion described in 


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1 paragraph (1)(A) for subgrants to quali2 fied child care providers by the day that is 

3 6 months after the date of enactment of 

4 this Act. 

5 (ii) WAIVERS.—At the request of a 

6 State, Indian tribe, or tribal organization, 

7 and for good cause shown, the Secretary 

8 may waive the requirement under clause (i) 

9 for the State, Indian tribe, or tribal orga10 nization. 

11 (B) RETURN OF FUNDS.—Not later than 

12 the date that is 12 months after a grant is 

13 awarded to a lead agency in accordance with 

14 this section, the lead agency shall return to the 

15 Secretary any of the grant funds that are not 

16 obligated by the lead agency by such date. The 

17 Secretary shall return any funds received under 

18 this subparagraph to the Treasury of the 

19 United States. 

20 (4) SUBGRANTS.— 

21 (A) IN GENERAL.—A lead agency that re22 ceives a grant under subsection (c) shall make 

23 subgrants to qualified child care providers to 

24 assist in paying for fixed costs and increased 

25 operating expenses, for a transition period of 


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1 not more than 9 months, so that parents have 

2 a safe place for their children to receive child 

3 care as the parents return to the workplace. 

4 (B) USE OF FUNDS.—A qualified child 

5 care provider may use subgrant funds for— 

6 (i) sanitation and other costs associ7 ated with cleaning the facility, including 

8 deep cleaning in the case of an outbreak of 

9 COVID–19, of a child care program used 

10 to provide child care services; 

11 (ii) recruiting, retaining, and compen12 sating child care staff, including providing 

13 professional development to the staff re14 lated to child care services and applicable 

15 State, local, and tribal health and safety 

16 requirements and, if applicable, enhanced 

17 protocols for child care services and related 

18 to COVID–19 or another health or safety 

19 condition; 

20 (iii) paying for fixed operating costs 

21 associated with providing child care serv22 ices, including the costs of payroll, the con23 tinuation of existing (as of March 1, 2020) 

24 employee benefits, mortgage or rent, utili25 ties, and insurance; 


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1 (iv) acquiring equipment and supplies 

2 (including personal protective equipment) 

3 necessary to provide child care services in 

4 a manner that is safe for children and 

5 staff in accordance with applicable State, 

6 local, and tribal health and safety require7 ments; 

8 (v) replacing materials that are no 

9 longer safe to use as a result of the 

10 COVID–19 public health emergency; 

11 (vi) making facility changes and re12 pairs to address enhanced protocols for 

13 child care services related to COVID–19 or 

14 another health or safety condition, to en15 sure children can safely occupy a child care 

16 facility; 

17 (vii) purchasing or updating equip18 ment and supplies to serve children during 

19 nontraditional hours; 

20 (viii) adapting the child care program 

21 or curricula to accommodate children who 

22 have not had recent access to a child care 

23 setting; 


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1 (ix) carrying out any other activity re2 lated to the child care program of a quali3 fied child care provider; and 

4 (x) reimbursement of expenses in5 curred before the provider received a 

6 subgrant under this paragraph, if the use 

7 for which the expenses are incurred is de8 scribed in any of clauses (i) though (ix) 

9 and is disclosed in the subgrant application 

10 for such subgrant. 

11 (C) SUBGRANT APPLICATION.—To be 

12 qualified to receive a subgrant under this para13 graph, an eligible child care provider shall sub14 mit an application to the lead agency in such 

15 form and containing such information as the 

16 lead agency may reasonably require, includ17 ing— 

18 (i) a budget plan that includes— 

19 (I) information describing how 

20 the eligible child care provider will use 

21 the subgrant funds to pay for fixed 

22 costs and increased operating ex23 penses, including, as applicable, pay24 roll, employee benefits, mortgage or 


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1 rent, utilities, and insurance, de2 scribed in subparagraph (B)(iii); 

3 (II) data on current operating 

4 capacity, taking into account previous 

5 operating capacity for a period of time 

6 prior to the COVID–19 public health 

7 emergency, and updated group size 

8 limits and staff-to-child ratios; 

9 (III) child care enrollment, at10 tendance, and revenue projections 

11 based on current operating capacity 

12 and previous enrollment and revenue 

13 for the period described in subclause 

14 (II); and 

15 (IV) a demonstration of how the 

16 subgrant funds will assist in pro17 moting the long-term viability of the 

18 eligible child care provider and how 

19 the eligible child care provider will 

20 sustain its operations after the ces21 sation of funding under this section; 

22 (ii) assurances that the eligible child 

23 care provider will— 

24 (I) report to the lead agency, be25 fore every month for which the 


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1 subgrant funds are to be received, 

2 data on current financial characteris3 tics, including revenue, and data on 

4 current average enrollment and at5 tendance; 

6 (II) not artificially suppress rev7 enue, enrollment, or attendance for 

8 the purposes of receiving subgrant 

9 funding; 

10 (III) provide the necessary docu11 mentation under subsection (h) to the 

12 lead agency, including providing docu13 mentation of expenditures of subgrant 

14 funds; and 

15 (IV) implement all applicable 

16 State, local, and tribal health and 

17 safety requirements and, if applicable, 

18 enhanced protocols for child care serv19 ices and related to COVID–19 or an20 other health or safety condition; and 

21 (iii) a certification in good faith that 

22 the child care program will remain open 

23 for not less than 1 year after receiving a 

24 subgrant under this paragraph, unless 

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1 dinary circumstances described in sub2 section (f)(1)(D). 

3 (D) SUBGRANT DISBURSEMENT.—In pro4 viding funds through a subgrant under this 

5 paragraph— 

6 (i) the lead agency shall— 

7 (I) disburse such subgrant funds 

8 to a qualified child care provider in 

9 installments made not less than once 

10 monthly; 

11 (II) disburse a subgrant install12 ment for a month after the qualified 

13 child care provider has provided, be14 fore that month, the enrollment, at15 tendance, and revenue data required 

16 under subparagraph (C)(ii)(I) and, if 

17 applicable, current operating capacity 

18 data required under subparagraph 

19 (C)(i)(II); and 

20 (III) make subgrant installments 

21 to any qualified child care provider for 

22 a period of not more than 9 months; 

23 and 

24 (ii) the lead agency may, notwith25 standing subparagraph (E)(i), disburse an 


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1 initial subgrant installment to a provider 

2 in a greater amount than that subpara3 graph provides for, and adjust the suc4 ceeding installments, as applicable. 

5 (E) SUBGRANT INSTALLMENT AMOUNT.— 

6 The lead agency— 

7 (i) shall determine the amount of a 

8 subgrant installment under this paragraph 

9 by basing the amount on— 

10 (I)(aa) at a minimum, the fixed 

11 costs associated with the provision of 

12 child care services by a qualified child 

13 care provider; and 

14 (bb) at the election of the lead 

15 agency, an additional amount deter16 mined by the State, for the purposes 

17 of assisting qualified child care pro18 viders with, as applicable, increased 

19 operating costs and lost revenue, asso20 ciated with the COVID–19 public 

21 health emergency; and 

22 (II) any other methodology that 

23 the lead agency determines to be ap24 propriate, and which is disclosed in 


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1 reporting submitted by the lead agen2 cy under subsection (f)(6)(B); 

3 (ii) shall ensure that, for any period 

4 for which subgrant funds are disbursed 

5 under this paragraph, no qualified child 

6 care provider receives a subgrant install7 ment that when added to current revenue 

8 for that period exceeds the revenue for the 

9 corresponding period 1 year prior; and 

10 (iii) may factor in decreased operating 

11 capacity due to updated group size limits 

12 and staff-to-child ratios, in determining 

13 subgrant installment amounts. 

14 (F) REPAYMENT OF SUBGRANT FUNDS.— 

15 A qualified child care provider that receives a 

16 subgrant under this paragraph shall be required 

17 to repay the subgrant funds if the lead agency 

18 determines that the provider fails to provide the 

19 assurances described in subparagraph 

20 (C)(ii)(II), or to comply with such an assur21 ance. 

22 (5) SUPPLEMENT NOT SUPPLANT.—Amounts 

23 made available to carry out this section shall be used 

24 to supplement and not supplant other Federal, 

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1 vide child care services, including funds provided 

2 under the Child Care and Development Block Grant 

3 Act of 1990 (42 U.S.C. 9857 et seq.) and State and 

4 tribal child care programs. 

5 (h) DOCUMENTATION AND REPORTING REQUIRE6 MENTS.— 

7 (1) DOCUMENTATION.—A State, Indian tribe, 

8 or tribal organization receiving a grant under sub9 section (c) shall provide documentation of any State 

10 or tribal expenditures from grant funds received 

11 under subsection (c) in accordance with section 

12 658K(b) of the Child Care Development Block 

13 Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the 

14 independent entity described in that section. 

15 (2) REPORTS.— 

16 (A) LEAD AGENCY REPORT.—A lead agen17 cy receiving a grant under subsection (c) shall, 

18 not later than 12 months after receiving such 

19 grant, submit a report to the Secretary that in20 cludes for the State or tribal community in21 volved a description of the program of sub22 grants carried out to meet the objectives of this 

23 section, including— 

24 (i) a description of how the lead agen25 cy determined— 


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1 (I) the criteria for awarding sub2 grants for qualified child care pro3 viders, including the methodology the 

4 lead agency used to determine and 

5 disburse funds in accordance with 

6 subparagraphs (D) and (E) of sub7 section (g)(4); and 

8 (II) the types of providers that 

9 received priority for the subgrants, in10 cluding considerations related to— 

11 (aa) setting; 

12 (bb) average monthly reve13 nues, enrollment, and attendance, 

14 before and during the COVID–19 

15 public health emergency and 

16 after the expiration of State, 

17 local, and tribal stay-at-home or18 ders; and 

19 (cc) geographically based 

20 child care service needs across 

21 the State or tribal community; 

22 and 

23 (ii) the number of eligible child care 

24 providers in operation and serving children 

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1 ber of such providers for March 2020 and 

2 each of the 11 months following, 

3 disaggregated by age of children served, 

4 geography, region, center-based child care 

5 setting, and family child care setting; 

6 (iii) the number of child care slots, in 

7 the capacity of a qualified child care pro8 vider given applicable group size limits and 

9 staff-to-child ratios, that were open for at10 tendance of children on March 1, 2020, 

11 the average number of such slots for 

12 March 2020 and each of 11 months fol13 lowing, disaggregated by age of children 

14 served, geography, region, center-based 

15 child care setting, and family child care 

16 setting; 

17 (iv)(I) the number of qualified child 

18 care providers that received a subgrant 

19 under subsection (g)(4), disaggregated by 

20 age of children served, geography, region, 

21 center-based child care setting, and family 

22 child care setting, and the average and 

23 range of the amounts of the subgrants 

24 awarded; and 


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1 (II) the percentage of all eligible child 

2 care providers that are qualified child care 

3 providers that received such a subgrant, 

4 disaggregated as described in subclause 

5 (I); and 

6 (v) information concerning how quali7 fied child care providers receiving sub8 grants under subsection (g)(4) used the 

9 subgrant funding received, disaggregated 

10 by the allowable uses of funds described in 

11 subsection (g)(4)(B). 

12 (B) REPORT TO CONGRESS.—Not later 

13 than 90 days after receiving the lead agency re14 ports required under subparagraph (A), the 

15 Secretary shall make publicly available and pro16 vide to the Committee on Health, Education, 

17 Labor, and Pensions of the Senate and the 

18 Committee on Education and Labor of the 

19 House of Representatives a report summarizing 

20 the findings of the lead agency reports. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out the activities under this section. 

24 (j) EXCLUSION FROM INCOME.—For purposes of the 

25 Internal Revenue Code of 1986, gross income shall not 


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1 include any amount received by a qualified child care pro2 vider under this section. 

3 TITLE VII—PANDEMIC PREPARA4 TION AND STRATEGIC STOCK5 PILE 

6 SEC. 7001. SUSTAINED ON-SHORE MANUFACTURING CAPAC7 ITY FOR PUBLIC HEALTH EMERGENCIES. 

8 (a) IN GENERAL.—Section 319L of the Public 

9 Health Service Act (42 U.S.C. 247d–7e) is amended— 

10 (1) in subsection (a)(6)(B)— 

11 (A) by redesignating clauses (iv) and (v) as 

12 clauses (v) and (vi), respectively; 

13 (B) by inserting after clause (iii), the fol14 lowing: 

15 ‘‘(iv) activities to support domestic 

16 manufacturing surge capacity of products 

17 or platform technologies, including manu18 facturing capacity and capabilities to uti19 lize platform technologies to provide for 

20 flexible manufacturing initiatives;’’; and 

21 (C) in clause (vi) (as so redesginated), by 

22 inserting ‘‘manufacture,’’ after ‘‘improvement,’’; 

23 (2) in subsection (b)— 

24 (A) in the first sentence of paragraph (1), 

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1 turing surge capacity,’’ after ‘‘initiatives for in2 novation,’’; and 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (B), by striking 

5 ‘‘and’’ at the end; 

6 (ii) by redesignating subparagraph 

7 (C) as subparagraph (D); and 

8 (iii) by inserting after subparagraph 

9 (B), the following: 

10 ‘‘(C) activities to support manufacturing 

11 surge capacities and capabilities to increase the 

12 availability of existing medical countermeasures 

13 and utilize existing novel platforms to manufac14 ture new medical countermeasures to meet 

15 manufacturing demands to address threats that 

16 pose a significant level of risk to national secu17 rity; and’’; 

18 (3) in subsection (c)— 

19 (A) in paragraph (2)— 

20 (i) in subparagraph (C), by striking 

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (D), by striking 

23 the period and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(E) promoting domestic manufacturing 

2 surge capacity and capabilities for counter3 measure advanced research and development, 

4 including facilitating contracts to support flexi5 ble or surge manufacturing.’’; 

6 (B) in paragraph (4)— 

7 (i) in subparagraph (B)— 

8 (I) in clause (iii), by striking 

9 ‘‘and’’ at the end; 

10 (II) in clause (iv), by striking the 

11 period and inserting ‘‘; and’’; and 

12 (III) by adding at the end the 

13 following: 

14 ‘‘(v) support and maintain domestic 

15 manufacturing surge capacity and capabili16 ties, including through contracts to sup17 port flexible or surge manufacturing, to en18 sure that additional production of counter19 measures is available in the event that the 

20 Secretary determines there is such a need 

21 for additional production.’’; 

22 (ii) in subparagraph (D)— 

23 (I) in clause (ii), by striking 

24 ‘‘and’’ at the end; 


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1 (II) by redesignating clause (iii) 

2 as clause (iv); and 

3 (III) by inserting after clause (ii) 

4 the following: 

5 ‘‘(iii) research to advance manufac6 turing capacities and capabilities for med7 ical countermeasures and platform tech8 nologies that may be utilized for medical 

9 countermeasures; and’’; and 

10 (iii) in subparagraph (E), by striking 

11 clause (ix); and 

12 (C) in paragraph (7)(C)(i), by striking ‘‘up 

13 to 100 highly qualified individuals, or up to 50 

14 percent of the total number of employees, 

15 whichever is less,’’ and inserting ‘‘75 percent of 

16 the total number of employees’’; 

17 (4) in subsection (e)(1)— 

18 (A) by redesignating subparagraphs (B) 

19 through (D) as subparagraphs (C) through (E), 

20 respectively; and 

21 (B) by inserting after subparagraph (A), 

22 the following: 

23 ‘‘(B) TEMPORARY FLEXIBILITY.—During a 

24 public health emergency under section 319, the 

25 Secretary shall be provided with an additional 


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1 60 business days to comply with information re2 quests for the disclosure of information under 

3 section 552 of title 5, United States Code, re4 lated to the activities under this section (unless 

5 such activities are otherwise exempt under sub6 paragraph (A)).’’; and 

7 (5) in subsection (f)— 

8 (A) in paragraph (1), by striking ‘‘Not 

9 later than 180 days after the date of enactment 

10 of this subsection’’ and inserting ‘‘Not later 

11 than 180 days after the date of enactment of 

12 the Delivering Immediate Relief to America’s 

13 Families, Schools and Small Businesses Act’’; 

14 and 

15 (B) in paragraph (2), by striking ‘‘Not 

16 later than 1 year after the date of enactment of 

17 this subsection’’ and inserting ‘‘Not later than 

18 1 year after the date of enactment of 

19 theDelivering Immediate Relief to America’s 

20 Families, Schools and Small Businesses Act’’. 

21 (b) MEDICAL COUNTERMEASURE INNOVATION PART22 NER.—The restrictions under section 202 of division A of 

23 the Further Consolidated Appropriations Act, 2020 (Pub24 lic Law 116–94), or any other provision of law imposing 

25 a restriction on salaries of individuals related to a previous 


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1 appropriation to the Department of Health and Human 

2 Services, shall not apply with respect to salaries paid pur3 suant to an agreement under the medical countermeasure 

4 innovation partner program under section 319L(c)(4)(E) 

5 of the Public Health Service Act (42 U.S.C. 247d– 

6 7e(c)(4)(E)). 

7 SEC. 7002. IMPROVING AND SUSTAINING STATE MEDICAL 

8 STOCKPILES. 

9 Section 319F–2 of the Public Health Service Act (42 

10 U.S.C. 247d–6b) is amended by adding at the end the fol11 lowing: 

12 ‘‘(i) IMPROVING AND MAINTAINING STATE MEDICAL

13 STOCKPILES.— 

14 ‘‘(1) IN GENERAL.—The Secretary, acting 

15 through the Assistant Secretary for Preparedness 

16 and Response, shall award grants, contracts, or co17 operative agreements to eligible entities to maintain 

18 a stockpile of appropriate drugs, vaccines and other 

19 biological products, medical devices, and other med20 ical supplies (including personal protective equip21 ment, ancillary medical supplies, and other applica22 ble supplies required for the administration of drugs, 

23 vaccines and other biological products, medical de24 vices, and diagnostic tests) to be used during a pub25 lic health emergency declared by the Governor of a 


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1 State or by the Secretary under section 319, or a 

2 major disaster or emergency declared by the Presi3 dent under section 401 or 501, respectively, of the 

4 Robert T. Stafford Disaster Relief and Emergency 

5 Assistance Act, in order to support the preparedness 

6 goals described in paragraphs (2), (3), and (8) of 

7 section 2802(b). 

8 ‘‘(2) ELIGIBLE ENTITIES.— 

9 ‘‘(A) IN GENERAL.—To be eligible to re10 ceive an award under paragraph (1), an entity 

11 shall— 

12 ‘‘(i) be a State or consortium of 

13 States that is a recipient of an award 

14 under section 319C–1(b); and 

15 ‘‘(ii) prepare, in consultation with ap16 propriate health care providers and health 

17 officials within the State or consortium of 

18 States, and submit to the Secretary an ap19 plication that contains such information as 

20 the Secretary may require, including a 

21 plan for the State stockpile and a descrip22 tion of the activities such entity will carry 

23 out under the agreement, consistent with 

24 the requirements of paragraph (3). 


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1 ‘‘(B) LIMITATION.—The Secretary may 

2 make an award under this subsection to not 

3 more than one eligible entity in each State. 

4 ‘‘(C) SUPPLEMENT NOT SUPPLANT.— 

5 Awards, contracts, or grants awarded under 

6 this subsection shall supplement, not supplant, 

7 the reserve amounts of medical supplies pro8 cured by and for the Strategic National Stock9 pile under subsection (a). 

10 ‘‘(D) ADMINISTRATIVE EXPENSES.—Not 

11 more than 5 percent of amounts received by an 

12 entity pursuant to an award under this sub13 section may be used for administrative ex14 penses. 

15 ‘‘(E) CLARIFICATION.—An eligible entity 

16 receiving an award under this subsection may 

17 assign a lead entity to manage the State stock18 pile, which may be a recipient of an award 

19 under section 319C–2(b). 

20 ‘‘(F) REQUIREMENT OF MATCHING

21 FUNDS.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (ii), the Secretary may not make an award 

24 under this subsection unless the applicant 

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1 curred by the applicant in carrying out the 

2 purpose described in this subsection, to 

3 make available non-Federal contributions 

4 toward such costs in an amount equal to— 

5 ‘‘(I) for each of fiscal years 2023 

6 and 2024, not less than $1 for each 

7 $10 of Federal funds provided in the 

8 award; 

9 ‘‘(II) for each of fiscal years 

10 2025 and 2026, not less than $1 for 

11 each $5 of Federal funds provided in 

12 the award; and 

13 ‘‘(III) for fiscal year 2027 and 

14 each fiscal year thereafter, not less 

15 than $1 for each $3 of Federal funds 

16 provided in the award. 

17 ‘‘(ii) WAIVER.— 

18 ‘‘(I) IN GENERAL.—The Sec19 retary may, upon the request of a 

20 State, waive the requirement under 

21 clause (i) in whole or in part if the 

22 Secretary determines that extraor23 dinary economic conditions in the 

24 State in the fiscal year involved or in 


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1 the previous fiscal year justify the 

2 waiver. 

3 ‘‘(II) APPLICABILITY OF WAIV4 ER.—A waiver provided by the Sec5 retary under this subparagraph shall 

6 apply only to the fiscal year involved. 

7 ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE8 MENTS.—A recipient of a grant, contract, or cooper9 ative agreement under this subsection shall use such 

10 funds to carry out the following: 

11 ‘‘(A) Maintaining a stockpile of appro12 priate drugs, vaccines and other biological prod13 ucts, medical devices, and other supplies (in14 cluding personal protective equipment, ancillary 

15 medical supplies, and other applicable supplies 

16 required for the administration of drugs, vac17 cines and other biological products, medical de18 vices, and diagnostic tests) to be used during a 

19 public health emergency in such numbers, 

20 types, and amounts as the State determines 

21 necessary, consistent with such State’s stockpile 

22 plan. Such a recipient may not use funds to 

23 support the stockpiling of countermeasures as 

24 defined under subsection (c), unless the eligible 

25 entity provides justification for maintaining 


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1 such products and the Secretary determines 

2 such appropriate and applicable. 

3 ‘‘(B) Deploying the stockpile as required 

4 by the State to respond to an actual or poten5 tial public health emergency. 

6 ‘‘(C) Replenishing and making necessary 

7 additions or modifications to the contents of 

8 such stockpile or stockpiles, including to ad9 dress potential depletion. 

10 ‘‘(D) In consultation with Federal, State, 

11 and local officials, take into consideration the 

12 availability, deployment, dispensing, and admin13 istration requirements of medical products with14 in the stockpile. 

15 ‘‘(E) Ensuring that procedures are fol16 lowed for inventory management and account17 ing, and for the physical security of the stock18 pile, as appropriate. 

19 ‘‘(F) Reviewing and revising, as appro20 priate, the contents of the stockpile on a reg21 ular basis to ensure that to the extent prac22 ticable, advanced technologies and medical 

23 products are considered. 

24 ‘‘(G) Carrying out exercises, drills, and 

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1 ment, dispensing, and administration of medical 

2 products, and for purposes of assessing the ca3 pability of such stockpile to address the medical 

4 supply needs of public health emergencies of 

5 varying types and scales, which may be con6 ducted in accordance with requirements related 

7 to exercises, drills, and other training for recipi8 ents of awards under section 319C–1 or 319C– 

9 2, as applicable. 

10 ‘‘(H) Carrying out other activities as the 

11 State determines appropriate, to support State 

12 efforts to prepare for, and respond to, public 

13 health threats. 

14 ‘‘(4) STATE PLAN COORDINATION.—The eligible 

15 entity under this subsection shall ensure appropriate 

16 coordination of the State stockpile plan developed 

17 pursuant to paragraph (2)(A)(ii) and the plans re18 quired pursuant to section 319C–1. 

19 ‘‘(5) GUIDANCE FOR STATES.—Not later than 

20 180 days after the date of enactment of this sub21 section, the Secretary, acting through the Assistant 

22 Secretary for Preparedness and Response, shall 

23 issue guidance for States related to maintaining and 

24 replenishing a stockpile of medical products. The 

25 Secretary shall update such guidance as appropriate. 


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1 ‘‘(6) ASSISTANCE TO STATES.—The Secretary 

2 shall provide assistance to States, including technical 

3 assistance, as appropriate, to maintain and improve 

4 State and local public health preparedness capabili5 ties to distribute and dispense medical products 

6 from a State stockpile. 

7 ‘‘(7) COORDINATION WITH THE STRATEGIC NA8 TIONAL STOCKPILE.—Each recipient of an award 

9 under this subsection shall ensure that the State 

10 stockpile plan developed pursuant to paragraph 

11 (2)(A)(ii) contains such information as the Secretary 

12 may require related to current inventory of supplies 

13 maintained pursuant to paragraph (3), and any 

14 plans to replenish such supplies, or procure new or 

15 alternative supplies. The Secretary shall use infor16 mation obtained from State stockpile plans to inform 

17 the maintenance and management of the Strategic 

18 National Stockpile pursuant to subsection (a). 

19 ‘‘(8) PERFORMANCE AND ACCOUNTABILITY.— 

20 ‘‘(A) IN GENERAL.—The Secretary, acting 

21 through the Assistant Secretary for Prepared22 ness and Response, shall develop and implement 

23 a process to review and audit entities in receipt 

24 of an award under this subsection, including by 

25 establishing metrics to ensure that each entity 


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1 receiving such an award is carrying out activi2 ties in accordance with the applicable State 

3 stockpile plan. The Secretary may require enti4 ties to— 

5 ‘‘(i) measure progress toward achiev6 ing the outcome goals; and 

7 ‘‘(ii) at least annually, test, exercise, 

8 and rigorously evaluate the stockpile ca9 pacity and response capabilities of the enti10 ty, and report to the Secretary on the re11 sults of such test, exercise, and evaluation, 

12 and on progress toward achieving outcome 

13 goals, based on criteria established by the 

14 Secretary. 

15 ‘‘(B) NOTIFICATION OF FAILURE.—The 

16 Secretary shall develop and implement a proc17 ess to notify entities that are determined by the 

18 Secretary to have failed to meet the require19 ments of the terms of an award under this sub20 section. Such process shall provide such entities 

21 with the opportunity to correct such noncompli22 ance. An entity that fails to correct such non23 compliance shall be subject to subparagraph 

24 (C). 


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1 ‘‘(C) WITHHOLDING OF CERTAIN AMOUNTS

2 FROM ENTITIES THAT FAIL TO ACHIEVE

3 BENCHMARKS OR SUBMIT STATE STOCKPILE

4 PLAN.—Beginning with fiscal year 2022, and in 

5 each succeeding fiscal year, the Secretary shall 

6 withhold from each entity that has failed sub7 stantially to meet the terms of an award under 

8 this subsection for at least 1 of the 2 imme9 diately preceding fiscal years (beginning with 

10 fiscal year 2022), the amount allowed for ad11 ministrative expenses described in described in 

12 paragraph (2)(D). 

13 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

14 For the purpose of carrying out this subsection, 

15 there are authorized to be appropriated 

16 $1,000,000,000 for each of fiscal years 2021 

17 through 2030, to remain available until expended.’’. 

18 SEC. 7003. STRENGTHENING THE STRATEGIC NATIONAL 

19 STOCKPILE. 

20 Section 319F–2 of the Public Health Service Act (42 

21 U.S.C. 247d–6b) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (2)(A), by adding ‘‘and 

24 the contracts issued under paragraph (5)’’ after 

25 ‘‘paragraph (1)’’ 


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1 (B) in paragraph (3)(F), by striking ‘‘Sec2 retary of Homeland Security’’ and inserting 

3 ‘‘Secretary of Health and Human Services, in 

4 coordination with or at the request of, the Sec5 retary of Homeland Security,’’; 

6 (C) by redesignating paragraph (5) as 

7 paragraph (6); 

8 (D) by inserting after paragraph (4) the 

9 following: 

10 ‘‘(5) SURGE CAPACITY.—The Secretary, in 

11 maintaining the stockpile under paragraph (1) and 

12 carrying out procedures under paragraph (3), may— 

13 ‘‘(A) enter into contracts or cooperative 

14 agreements with vendors for procurement, 

15 maintenance, and storage of reserve amounts of 

16 drugs, vaccines and other biological products, 

17 medical devices, and other medical supplies (in18 cluding personal protective equipment, ancillary 

19 medical supplies, and other applicable supplies 

20 required for the administration of drugs, vac21 cines and other biological products, medical de22 vices, and diagnostic tests in the stockpile), 

23 under such terms and conditions (including 

24 quantity, production schedule, maintenance 


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1 costs, and price of product) as the Secretary 

2 may specify, including for purposes of— 

3 ‘‘(i) maintenance and storage of re4 serve amounts of products intended to be 

5 delivered to the ownership of the Federal 

6 Government under the contract, which may 

7 consider costs of shipping, or otherwise 

8 transporting, handling, storage, and re9 lated costs for such product or products; 

10 and 

11 ‘‘(ii) maintaining domestic manufac12 turing capacity of such products to ensure 

13 additional reserved production capacity of 

14 such products is available, and that such 

15 products are provided in a timely manner, 

16 to be delivered to the ownership of the 

17 Federal Government under the contract 

18 and deployed in the event that the Sec19 retary determines that there is a need to 

20 quickly purchase additional quantities of 

21 such product; and 

22 ‘‘(B) promulgate such regulations as the 

23 Secretary determines necessary to implement 

24 this paragraph.’’; and 


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1 (E) in subparagraph (A) of paragraph (6), 

2 as so redesignated— 

3 (i) in clause (viii), by striking ‘‘; and’’ 

4 and inserting a semicolon; 

5 (ii) in clause (ix), by striking the pe6 riod and inserting ‘‘; and’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(x) an assessment of the contracts or 

10 cooperative agreements entered into pursu11 ant to paragraph (5).’’; and 

12 (2) in subsection (c)(2)(C), by striking ‘‘on an 

13 annual basis’’ and inserting ‘‘not later than March 

14 15 of each year’’. 

15 TITLE VIII—CORONAVIRUS 

16 RELIEF FUND EXTENSION 

17 SEC. 8001. EXTENSION OF PERIOD TO USE CORONAVIRUS 

18 RELIEF FUND PAYMENTS. 

19 Section 601(d)(3) of the Social Security Act (42 

20 U.S.C. 801(d)(3)) is amended by striking ‘‘December 30, 

21 2020’’ and inserting ‘‘September 30, 2021’’. 


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1 TITLE IX—CHARITABLE GIVING 

2 SEC. 9001. INCREASE IN LIMITATION ON PARTIAL ABOVE 

3 THE LINE DEDUCTION FOR CHARITABLE 

4 CONTRIBUTIONS. 

5 (a) INCREASE.— 

6 (1) IN GENERAL.—Paragraph (22) of section 

7 62(a) of the Internal Revenue Code of 1986 is 

8 amended to read as follows: 

9 ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the 

10 case of a taxable year beginning in 2020 of an indi11 vidual to whom section 63(b) applies for such tax12 able year, the deduction under section 170(a) (deter13 mined without regard to section 170(b)) for qualified 

14 charitable contributions (not in excess of the applica15 ble amount).’’. 

16 (2) APPLICABLE AMOUNT.—Paragraph (1) of 

17 section 62(f) of the Internal Revenue Code of 1986 

18 is amended to read as follows: 

19 ‘‘(1) APPLICABLE AMOUNT.—The term ‘applica20 ble amount’ means $600 (twice such amount in the 

21 case of a joint return).’’. 

22 (3) CONFORMING AMENDMENT.—Section 

23 62(f)(2)(B) of such Code is amended by striking 

24 ‘‘(determined without regard to subsection (b) there25 of)’’. 


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1 (b) PENALTY FOR UNDERPAYMENTS ATTRIBUTABLE

2 TO OVERSTATED DEDUCTION.— 

3 (1) IN GENERAL.—Section 6662(b) of the In4 ternal Revenue Code of 1986 is amended by insert5 ing after paragraph (8) the following: 

6 ‘‘(9) Any overstatement of qualified charitable 

7 contributions (as defined in section 62(f)).’’. 

8 (2) INCREASED PENALTY.—Section 6662 of 

9 such Code is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(l) INCREASE IN PENALTY IN CASE OF OVERSTATE12 MENT OF QUALIFIED CHARITABLE CONTRIBUTIONS.—In 

13 the case of any portion of an underpayment which is at14 tributable to one or more overstatements of a qualified 

15 charitable contribution (as defined in section 62(f)), sub16 section (a) shall be applied with respect to such portion 

17 by substituting ‘50 percent’ for ‘20 percent’.’’. 

18 (3) EXCEPTION TO APPROVAL OF ASSESS19 MENT.—Section 6751(b)(2)(A) is amended by strik20 ing ‘‘or 6655’’ and inserting ‘‘6655, or 6662 (but 

21 only with respect to an addition to tax by reason of 

22 subsection (b)(9) thereof)’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to taxable years beginning after 

25 December 31, 2019. 


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1 TITLE X—CRITICAL MINERALS 

2 SEC. 10001. MINERAL SECURITY. 

3 (a) DEFINITIONS.—In this section: 

4 (1) BYPRODUCT.—The term ‘‘byproduct’’ 

5 means a critical mineral— 

6 (A) the recovery of which depends on the 

7 production of a host mineral that is not des8 ignated as a critical mineral; and 

9 (B) that exists in sufficient quantities to 

10 be recovered during processing or refining. 

11 (2) CRITICAL MINERAL.— 

12 (A) IN GENERAL.—The term ‘‘critical min13 eral’’ means any mineral, element, substance, or 

14 material designated as critical by the Secretary 

15 under subsection (c). 

16 (B) EXCLUSIONS.—The term ‘‘critical 

17 mineral’’ does not include— 

18 (i) fuel minerals, including oil, natural 

19 gas, or any other fossil fuels; or 

20 (ii) water, ice, or snow. 

21 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

22 has the meaning given the term in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5304). 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (5) STATE.—The term ‘‘State’’ means— 

4 (A) a State; 

5 (B) the District of Columbia; 

6 (C) the Commonwealth of Puerto Rico; 

7 (D) Guam; 

8 (E) American Samoa; 

9 (F) the Commonwealth of the Northern 

10 Mariana Islands; and 

11 (G) the United States Virgin Islands. 

12 (b) POLICY.— 

13 (1) IN GENERAL.—Section 3 of the National 

14 Materials and Minerals Policy, Research and Devel15 opment Act of 1980 (30 U.S.C. 1602) is amended 

16 in the second sentence— 

17 (A) by striking paragraph (3) and insert18 ing the following: 

19 ‘‘(3) establish an analytical and forecasting ca20 pability for identifying critical mineral demand, sup21 ply, and other factors to allow informed actions to 

22 be taken to avoid supply shortages, mitigate price 

23 volatility, and prepare for demand growth and other 

24 market shifts;’’; 


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1 (B) in paragraph (6), by striking ‘‘and’’ 

2 after the semicolon at the end; and 

3 (C) by striking paragraph (7) and insert4 ing the following: 

5 ‘‘(7) facilitate the availability, development, and 

6 environmentally responsible production of domestic 

7 resources to meet national material or critical min8 eral needs; 

9 ‘‘(8) avoid duplication of effort, prevent unnec10 essary paperwork, and minimize delays in the ad11 ministration of applicable laws (including regula12 tions) and the issuance of permits and authoriza13 tions necessary to explore for, develop, and produce 

14 critical minerals and to construct critical mineral 

15 manufacturing facilities in accordance with applica16 ble environmental and land management laws; 

17 ‘‘(9) strengthen— 

18 ‘‘(A) educational and research capabilities 

19 at not lower than the secondary school level; 

20 and 

21 ‘‘(B) workforce training for exploration 

22 and development of critical minerals and critical 

23 mineral manufacturing; 


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1 ‘‘(10) bolster international cooperation through 

2 technology transfer, information sharing, and other 

3 means; 

4 ‘‘(11) promote the efficient production, use, and 

5 recycling of critical minerals; 

6 ‘‘(12) develop alternatives to critical minerals; 

7 and 

8 ‘‘(13) establish contingencies for the production 

9 of, or access to, critical minerals for which viable 

10 sources do not exist within the United States.’’. 

11 (2) CONFORMING AMENDMENT.—Section 2(b) 

12 of the National Materials and Minerals Policy, Re13 search and Development Act of 1980 (30 U.S.C. 

14 1601(b)) is amended by striking ‘‘(b) As used in this 

15 Act, the term’’ and inserting the following: 

16 ‘‘(b) DEFINITIONS.—In this Act: 

17 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 

18 mineral’ means any mineral, element, substance, or 

19 material designated as critical by the Secretary 

20 under section 3168(c) of the National Defense Au21 thorization Act for Fiscal Year 2021. 

22 ‘‘(2) MATERIALS.—The term’’. 

23 (c) CRITICAL MINERAL DESIGNATIONS.— 

24 (1) DRAFT METHODOLOGY AND LIST.—The 

25 Secretary, acting through the Director of the United 


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1 States Geological Survey (referred to in this sub2 section as the ‘‘Secretary’’), shall publish in the Fed3 eral Register for public comment— 

4 (A) a description of the draft methodology 

5 used to identify a draft list of critical minerals; 

6 (B) a draft list of minerals, elements, sub7 stances, and materials that qualify as critical 

8 minerals; and 

9 (C) a draft list of critical minerals recov10 ered as byproducts. 

11 (2) AVAILABILITY OF DATA.—If available data 

12 is insufficient to provide a quantitative basis for the 

13 methodology developed under this subsection, quali14 tative evidence may be used to the extent necessary. 

15 (3) FINAL METHODOLOGY AND LIST.—After re16 viewing public comments on the draft methodology 

17 and the draft lists published under paragraph (1) 

18 and updating the methodology and lists as appro19 priate, not later than 45 days after the date on 

20 which the public comment period with respect to the 

21 draft methodology and draft lists closes, the Sec22 retary shall publish in the Federal Register— 

23 (A) a description of the final methodology 

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1 stances, and materials qualify as critical min2 erals; 

3 (B) the final list of critical minerals; and 

4 (C) the final list of critical minerals recov5 ered as byproducts. 

6 (4) DESIGNATIONS.— 

7 (A) IN GENERAL.—For purposes of car8 rying out this subsection, the Secretary shall 

9 maintain a list of minerals, elements, sub10 stances, and materials designated as critical, 

11 pursuant to the final methodology published 

12 under paragraph (3), that the Secretary deter13 mines— 

14 (i) are essential to the economic or 

15 national security of the United States; 

16 (ii) the supply chain of which is vul17 nerable to disruption (including restrictions 

18 associated with foreign political risk, ab19 rupt demand growth, military conflict, vio20 lent unrest, anti-competitive or protec21 tionist behaviors, and other risks through22 out the supply chain); and 

23 (iii) serve an essential function in the 

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1 culture-, consumer electronics-, and health 

2 care-related applications), the absence of 

3 which would have significant consequences 

4 for the economic or national security of the 

5 United States. 

6 (B) INCLUSIONS.—Notwithstanding the 

7 criteria under paragraph (3), the Secretary may 

8 designate and include on the list any mineral, 

9 element, substance, or material determined by 

10 another Federal agency to be strategic and crit11 ical to the defense or national security of the 

12 United States. 

13 (C) REQUIRED CONSULTATION.—The Sec14 retary shall consult with the Secretaries of De15 fense, Commerce, Agriculture, and Energy and 

16 the United States Trade Representative in des17 ignating minerals, elements, substances, and 

18 materials as critical under this paragraph. 

19 (5) SUBSEQUENT REVIEW.— 

20 (A) IN GENERAL.—The Secretary, in con21 sultation with the Secretaries of Defense, Com22 merce, Agriculture, and Energy and the United 

23 States Trade Representative, shall review the 

24 methodology and list under paragraph (3) and 

25 the designations under paragraph (4) at least 


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1 every 3 years, or more frequently as the Sec2 retary considers to be appropriate. 

3 (B) REVISIONS.—Subject to paragraph 

4 (4)(A), the Secretary may— 

5 (i) revise the methodology described in 

6 this subsection; 

7 (ii) determine that minerals, elements, 

8 substances, and materials previously deter9 mined to be critical minerals are no longer 

10 critical minerals; and 

11 (iii) designate additional minerals, ele12 ments, substances, or materials as critical 

13 minerals. 

14 (6) NOTICE.—On finalization of the method15 ology and the list under paragraph (3), or any revi16 sion to the methodology or list under paragraph (5), 

17 the Secretary shall submit to Congress written no18 tice of the action. 

19 (d) RESOURCE ASSESSMENT.— 

20 (1) IN GENERAL.—Not later than 4 years after 

21 the date of enactment of this Act, in consultation 

22 with applicable State (including geological surveys), 

23 local, academic, industry, and other entities, the Sec24 retary (acting through the Director of the United 

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1 retary, shall complete a comprehensive national as2 sessment of each critical mineral that— 

3 (A) identifies and quantifies known critical 

4 mineral resources, using all available public and 

5 private information and datasets, including ex6 ploration histories; and 

7 (B) provides a quantitative and qualitative 

8 assessment of undiscovered critical mineral re9 sources throughout the United States, including 

10 probability estimates of tonnage and grade, 

11 using all available public and private informa12 tion and datasets, including exploration his13 tories. 

14 (2) SUPPLEMENTARY INFORMATION.—In car15 rying out this subsection, the Secretary may carry 

16 out surveys and field work (including drilling, re17 mote sensing, geophysical surveys, topographical and 

18 geological mapping, and geochemical sampling and 

19 analysis) to supplement existing information and 

20 datasets available for determining the existence of 

21 critical minerals in the United States. 

22 (3) PUBLIC ACCESS.—Subject to applicable law, 

23 to the maximum extent practicable, the Secretary 

24 shall make all data and metadata collected from the 

25 comprehensive national assessment carried out 


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1 under paragraph (1) publically and electronically ac2 cessible. 

3 (4) TECHNICAL ASSISTANCE.—At the request of 

4 the Governor of a State or the head of an Indian 

5 tribe, the Secretary may provide technical assistance 

6 to State governments and Indian tribes conducting 

7 critical mineral resource assessments on non-Federal 

8 land. 

9 (5) PRIORITIZATION.— 

10 (A) IN GENERAL.—The Secretary may se11 quence the completion of resource assessments 

12 for each critical mineral such that critical min13 erals considered to be most critical under the 

14 methodology established under subsection (c) 

15 are completed first. 

16 (B) REPORTING.—During the period be17 ginning not later than 1 year after the date of 

18 enactment of this Act and ending on the date 

19 of completion of all of the assessments required 

20 under this subsection, the Secretary shall sub21 mit to Congress on an annual basis an interim 

22 report that— 

23 (i) identifies the sequence and sched24 ule for completion of the assessments if the 

25 Secretary sequences the assessments; or 


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1 (ii) describes the progress of the as2 sessments if the Secretary does not se3 quence the assessments. 

4 (6) UPDATES.—The Secretary may periodically 

5 update the assessments conducted under this sub6 section based on— 

7 (A) the generation of new information or 

8 datasets by the Federal Government; or 

9 (B) the receipt of new information or 

10 datasets from critical mineral producers, State 

11 geological surveys, academic institutions, trade 

12 associations, or other persons. 

13 (7) ADDITIONAL SURVEYS.—The Secretary 

14 shall complete a resource assessment for each addi15 tional mineral or element subsequently designated as 

16 a critical mineral under subsection (c)(5)(B) not 

17 later than 2 years after the designation of the min18 eral or element. 

19 (8) REPORT.—Not later than 2 years after the 

20 date of enactment of this Act, the Secretary shall 

21 submit to Congress a report describing the status of 

22 geological surveying of Federal land for any mineral 

23 commodity— 

24 (A) for which the United States was de25 pendent on a foreign country for more than 25 


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1 percent of the United States supply, as depicted 

2 in the report issued by the United States Geo3 logical Survey entitled ‘‘Mineral Commodity 

4 Summaries 2020’’; but 

5 (B) that is not designated as a critical 

6 mineral under subsection (c). 

7 (e) PERMITTING.— 

8 (1) SENSE OF CONGRESS.—It is the sense of 

9 Congress that— 

10 (A) critical minerals are fundamental to 

11 the economy, competitiveness, and security of 

12 the United States; 

13 (B) to the maximum extent practicable, 

14 the critical mineral needs of the United States 

15 should be satisfied by minerals responsibly pro16 duced and recycled in the United States; and 

17 (C) the Federal permitting process has 

18 been identified as an impediment to mineral 

19 production and the mineral security of the 

20 United States. 

21 (2) PERFORMANCE IMPROVEMENTS.—To im22 prove the quality and timeliness of decisions, the 

23 Secretary (acting through the Director of the Bu24 reau of Land Management) and the Secretary of Ag25 riculture (acting through the Chief of the Forest 


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1 Service) (referred to in this subsection as the ‘‘Sec2 retaries’’) shall, to the maximum extent practicable, 

3 with respect to critical mineral production on Fed4 eral land, complete Federal permitting and review 

5 processes with maximum efficiency and effectiveness, 

6 while supporting vital economic growth, by— 

7 (A) establishing and adhering to timelines 

8 and schedules for the consideration of, and final 

9 decisions regarding, applications, operating 

10 plans, leases, licenses, permits, and other use 

11 authorizations for mineral-related activities on 

12 Federal land; 

13 (B) establishing clear, quantifiable, and 

14 temporal permitting performance goals and 

15 tracking progress against those goals; 

16 (C) engaging in early collaboration among 

17 agencies, project sponsors, and affected stake18 holders— 

19 (i) to incorporate and address the in20 terests of those parties; and 

21 (ii) to minimize delays; 

22 (D) ensuring transparency and account23 ability by using cost-effective information tech24 nology to collect and disseminate information 


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1 regarding individual projects and agency per2 formance; 

3 (E) engaging in early and active consulta4 tion with State, local, and Indian tribal govern5 ments to avoid conflicts or duplication of effort, 

6 resolve concerns, and allow for concurrent, 

7 rather than sequential, reviews; 

8 (F) providing demonstrable improvements 

9 in the performance of Federal permitting and 

10 review processes, including lower costs and 

11 more timely decisions; 

12 (G) expanding and institutionalizing per13 mitting and review process improvements that 

14 have proven effective; 

15 (H) developing mechanisms to better com16 municate priorities and resolve disputes among 

17 agencies at the national, regional, State, and 

18 local levels; and 

19 (I) developing other practices, such as 

20 preapplication procedures. 

21 (3) REVIEW AND REPORT.—Not later than 1 

22 year after the date of enactment of this Act, the 

23 Secretaries shall submit to Congress a report that— 

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1 propriate) that would increase the timeliness of 

2 permitting activities for the exploration and de3 velopment of domestic critical minerals; 

4 (B) identifies options (including cost recov5 ery paid by permit applicants) for ensuring ade6 quate staffing and training of Federal entities 

7 and personnel responsible for the consideration 

8 of applications, operating plans, leases, licenses, 

9 permits, and other use authorizations for crit10 ical mineral-related activities on Federal land; 

11 (C) quantifies the amount of time typically 

12 required (including range derived from min13 imum and maximum durations, mean, median, 

14 variance, and other statistical measures or rep15 resentations) to complete each step (including 

16 those aspects outside the control of the execu17 tive branch, such as judicial review, applicant 

18 decisions, or State and local government in19 volvement) associated with the development and 

20 processing of applications, operating plans, 

21 leases, licenses, permits, and other use author22 izations for critical mineral-related activities on 

23 Federal land, which shall serve as a baseline for 

24 the performance metric under paragraph (4); 

25 and 


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1 (D) describes actions carried out pursuant 

2 to paragraph (2). 

3 (4) PERFORMANCE METRIC.—Not later than 90 

4 days after the date of submission of the report 

5 under paragraph (3), the Secretaries, after providing 

6 public notice and an opportunity to comment, shall 

7 develop and publish a performance metric for evalu8 ating the progress made by the executive branch to 

9 expedite the permitting of activities that will in10 crease exploration for, and development of, domestic 

11 critical minerals, while maintaining environmental 

12 standards. 

13 (5) ANNUAL REPORTS.—Beginning with the 

14 first budget submission by the President under sec15 tion 1105 of title 31, United States Code, after pub16 lication of the performance metric required under 

17 paragraph (4), and annually thereafter, the Secre18 taries shall submit to Congress a report that— 

19 (A) summarizes the implementation of rec20 ommendations, measures, and options identified 

21 in subparagraphs (A) and (B) of paragraph (3); 

22 (B) using the performance metric under 

23 paragraph (4), describes progress made by the 

24 executive branch, as compared to the baseline 

25 established pursuant to paragraph (3)(C), on 


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1 expediting the permitting of activities that will 

2 increase exploration for, and development of, 

3 domestic critical minerals; and 

4 (C) compares the United States to other 

5 countries in terms of permitting efficiency and 

6 any other criteria relevant to the globally com7 petitive critical minerals industry. 

8 (6) INDIVIDUAL PROJECTS.—Using data from 

9 the Secretaries generated under paragraph (5), the 

10 Director of the Office of Management and Budget 

11 shall prioritize inclusion of individual critical mineral 

12 projects on the website operated by the Office of 

13 Management and Budget in accordance with section 

14 1122 of title 31, United States Code. 

15 (7) REPORT OF SMALL BUSINESS ADMINISTRA16 TION.—Not later than 1 year and 300 days after the 

17 date of enactment of this Act, the Administrator of 

18 the Small Business Administration shall submit to 

19 the applicable committees of Congress a report that 

20 assesses the performance of Federal agencies with 

21 respect to— 

22 (A) complying with chapter 6 of title 5, 

23 United States Code (commonly known as the 

24 ‘‘Regulatory Flexibility Act’’), in promulgating 


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1 regulations applicable to the critical minerals 

2 industry; and 

3 (B) performing an analysis of regulations 

4 applicable to the critical minerals industry that 

5 may be outmoded, inefficient, duplicative, or ex6 cessively burdensome. 

7 (f) FEDERAL REGISTER PROCESS.— 

8 (1) DEPARTMENTAL REVIEW.—Absent any ex9 traordinary circumstance, and except as otherwise 

10 required by law, the Secretary and the Secretary of 

11 Agriculture shall ensure that each Federal Register 

12 notice described in paragraph (2) shall be— 

13 (A) subject to any required reviews within 

14 the Department of the Interior or the Depart15 ment of Agriculture; and 

16 (B) published in final form in the Federal 

17 Register not later than 45 days after the date 

18 of initial preparation of the notice. 

19 (2) PREPARATION.—The preparation of Federal 

20 Register notices required by law associated with the 

21 issuance of a critical mineral exploration or mine 

22 permit shall be delegated to the organizational level 

23 within the agency responsible for issuing the critical 

24 mineral exploration or mine permit. 


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1 (3) TRANSMISSION.—All Federal Register no2 tices regarding official document availability, an3 nouncements of meetings, or notices of intent to un4 dertake an action shall be originated in, and trans5 mitted to the Federal Register from, the office in 

6 which, as applicable— 

7 (A) the documents or meetings are held; or 

8 (B) the activity is initiated. 

9 (g) RECYCLING, EFFICIENCY, AND ALTERNATIVES.— 

10 (1) ESTABLISHMENT.—The Secretary of En11 ergy (referred to in this subsection as the ‘‘Sec12 retary’’) shall conduct a program of research and de13 velopment— 

14 (A) to promote the efficient production, 

15 use, and recycling of critical minerals through16 out the supply chain; and 

17 (B) to develop alternatives to critical min18 erals that do not occur in significant abundance 

19 in the United States. 

20 (2) COOPERATION.—In carrying out the pro21 gram, the Secretary shall cooperate with appro22 priate— 

23 (A) Federal agencies and National Labora24 tories; 

25 (B) critical mineral producers; 


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1 (C) critical mineral processors; 

2 (D) critical mineral manufacturers; 

3 (E) trade associations; 

4 (F) academic institutions; 

5 (G) small businesses; and 

6 (H) other relevant entities or individuals. 

7 (3) ACTIVITIES.—Under the program, the Sec8 retary shall carry out activities that include the iden9 tification and development of— 

10 (A) advanced critical mineral extraction, 

11 production, separation, alloying, or processing 

12 technologies that decrease the energy consump13 tion, environmental impact, and costs of those 

14 activities, including— 

15 (i) efficient water and wastewater 

16 management strategies; 

17 (ii) technologies and management 

18 strategies to control the environmental im19 pacts of radionuclides in ore tailings; 

20 (iii) technologies for separation and 

21 processing; and 

22 (iv) technologies for increasing the re23 covery rates of byproducts from host metal 

24 ores; 


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1 (B) technologies or process improvements 

2 that minimize the use, or lead to more efficient 

3 use, of critical minerals across the full supply 

4 chain; 

5 (C) technologies, process improvements, or 

6 design optimizations that facilitate the recycling 

7 of critical minerals, and options for improving 

8 the rates of collection of products and scrap 

9 containing critical minerals from post-con10 sumer, industrial, or other waste streams; 

11 (D) commercial markets, advanced storage 

12 methods, energy applications, and other bene13 ficial uses of critical minerals processing by14 products; 

15 (E) alternative minerals, metals, and mate16 rials, particularly those available in abundance 

17 within the United States and not subject to po18 tential supply restrictions, that lessen the need 

19 for critical minerals; and 

20 (F) alternative energy technologies or al21 ternative designs of existing energy tech22 nologies, particularly those that use minerals 

23 that— 

24 (i) occur in abundance in the United 

25 States; and 


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1 (ii) are not subject to potential supply 

2 restrictions. 

3 (4) REPORTS.—Not later than 2 years after the 

4 date of enactment of this Act, and annually there5 after, the Secretary shall submit to Congress a re6 port summarizing the activities, findings, and 

7 progress of the program. 

8 (h) ANALYSIS AND FORECASTING.— 

9 (1) CAPABILITIES.—In order to evaluate exist10 ing critical mineral policies and inform future ac11 tions that may be taken to avoid supply shortages, 

12 mitigate price volatility, and prepare for demand 

13 growth and other market shifts, the Secretary (act14 ing through the Director of the United States Geo15 logical Survey) or a designee of the Secretary, in 

16 consultation with the Energy Information Adminis17 tration, academic institutions, and others in order to 

18 maximize the application of existing competencies re19 lated to developing and maintaining computer-mod20 els and similar analytical tools, shall conduct and 

21 publish the results of an annual report that in22 cludes— 

23 (A) as part of the annually published Min24 eral Commodity Summaries from the United 

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1 view of critical mineral production, consump2 tion, and recycling patterns, including— 

3 (i) the quantity of each critical min4 eral domestically produced during the pre5 ceding year; 

6 (ii) the quantity of each critical min7 eral domestically consumed during the pre8 ceding year; 

9 (iii) market price data or other price 

10 data for each critical mineral; 

11 (iv) an assessment of— 

12 (I) critical mineral requirements 

13 to meet the national security, energy, 

14 economic, industrial, technological, 

15 and other needs of the United States 

16 during the preceding year; 

17 (II) the reliance of the United 

18 States on foreign sources to meet 

19 those needs during the preceding year; 

20 and 

21 (III) the implications of any sup22 ply shortages, restrictions, or disrup23 tions during the preceding year; 


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1 (v) the quantity of each critical min2 eral domestically recycled during the pre3 ceding year; 

4 (vi) the market penetration during the 

5 preceding year of alternatives to each crit6 ical mineral; 

7 (vii) a discussion of international 

8 trends associated with the discovery, pro9 duction, consumption, use, costs of produc10 tion, prices, and recycling of each critical 

11 mineral as well as the development of al12 ternatives to critical minerals; and 

13 (viii) such other data, analyses, and 

14 evaluations as the Secretary finds are nec15 essary to achieve the purposes of this sub16 section; and 

17 (B) a comprehensive forecast, entitled the 

18 ‘‘Annual Critical Minerals Outlook’’, of pro19 jected critical mineral production, consumption, 

20 and recycling patterns, including— 

21 (i) the quantity of each critical min22 eral projected to be domestically produced 

23 over the subsequent 1-year, 5-year, and 

24 10-year periods; 


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1 (ii) the quantity of each critical min2 eral projected to be domestically consumed 

3 over the subsequent 1-year, 5-year, and 

4 10-year periods; 

5 (iii) an assessment of— 

6 (I) critical mineral requirements 

7 to meet projected national security, 

8 energy, economic, industrial, techno9 logical, and other needs of the United 

10 States; 

11 (II) the projected reliance of the 

12 United States on foreign sources to 

13 meet those needs; and 

14 (III) the projected implications of 

15 potential supply shortages, restric16 tions, or disruptions; 

17 (iv) the quantity of each critical min18 eral projected to be domestically recycled 

19 over the subsequent 1-year, 5-year, and 

20 10-year periods; 

21 (v) the market penetration of alter22 natives to each critical mineral projected to 

23 take place over the subsequent 1-year, 5- 

24 year, and 10-year periods; 


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1 (vi) a discussion of reasonably foresee2 able international trends associated with 

3 the discovery, production, consumption, 

4 use, costs of production, and recycling of 

5 each critical mineral as well as the develop6 ment of alternatives to critical minerals; 

7 and 

8 (vii) such other projections relating to 

9 each critical mineral as the Secretary de10 termines to be necessary to achieve the 

11 purposes of this subsection. 

12 (2) PROPRIETARY INFORMATION.—In preparing 

13 a report described in paragraph (1), the Secretary 

14 shall ensure, consistent with section 5(f) of the Na15 tional Materials and Minerals Policy, Research and 

16 Development Act of 1980 (30 U.S.C. 1604(f)), 

17 that— 

18 (A) no person uses the information and 

19 data collected for the report for a purpose other 

20 than the development of or reporting of aggre21 gate data in a manner such that the identity of 

22 the person or firm who supplied the information 

23 is not discernible and is not material to the in24 tended uses of the information; 


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1 (B) no person discloses any information or 

2 data collected for the report unless the informa3 tion or data has been transformed into a statis4 tical or aggregate form that does not allow the 

5 identification of the person or firm who sup6 plied particular information; and 

7 (C) procedures are established to require 

8 the withholding of any information or data col9 lected for the report if the Secretary determines 

10 that withholding is necessary to protect propri11 etary information, including any trade secrets 

12 or other confidential information. 

13 (i) EDUCATION AND WORKFORCE.— 

14 (1) WORKFORCE ASSESSMENT.—Not later than 

15 1 year and 300 days after the date of enactment of 

16 this Act, the Secretary of Labor (in consultation 

17 with the Secretary, the Director of the National 

18 Science Foundation, institutions of higher education 

19 with substantial expertise in mining, institutions of 

20 higher education with significant expertise in min21 erals research, including fundamental research into 

22 alternatives, and employers in the critical minerals 

23 sector) shall submit to Congress an assessment of 

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1 velopment, assessment, production, manufacturing, 

2 recycling, analysis, forecasting, education, and re3 search, including an analysis of— 

4 (A) skills that are in the shortest supply as 

5 of the date of the assessment; 

6 (B) skills that are projected to be in short 

7 supply in the future; 

8 (C) the demographics of the critical min9 erals industry and how the demographics will 

10 evolve under the influence of factors such as an 

11 aging workforce; 

12 (D) the effectiveness of training and edu13 cation programs in addressing skills shortages; 

14 (E) opportunities to hire locally for new 

15 and existing critical mineral activities; 

16 (F) the sufficiency of personnel within rel17 evant areas of the Federal Government for 

18 achieving the policies described in section 3 of 

19 the National Materials and Minerals Policy, Re20 search and Development Act of 1980 (30 

21 U.S.C. 1602); and 

22 (G) the potential need for new training 

23 programs to have a measurable effect on the 

24 supply of trained workers in the critical min25 erals industry. 


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1 (2) CURRICULUM STUDY.— 

2 (A) IN GENERAL.—The Secretary and the 

3 Secretary of Labor shall jointly enter into an 

4 arrangement with the National Academy of 

5 Sciences and the National Academy of Engi6 neering under which the Academies shall co7 ordinate with the National Science Foundation 

8 on conducting a study— 

9 (i) to design an interdisciplinary pro10 gram on critical minerals that will support 

11 the critical mineral supply chain and im12 prove the ability of the United States to 

13 increase domestic, critical mineral explo14 ration, development, production, manufac15 turing, research, including fundamental re16 search into alternatives, and recycling; 

17 (ii) to address undergraduate and 

18 graduate education, especially to assist in 

19 the development of graduate level pro20 grams of research and instruction that 

21 lead to advanced degrees with an emphasis 

22 on the critical mineral supply chain or 

23 other positions that will increase domestic, 

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1 cluding fundamental research into alter2 natives, and recycling; 

3 (iii) to develop guidelines for pro4 posals from institutions of higher edu5 cation with substantial capabilities in the 

6 required disciplines for activities to im7 prove the critical mineral supply chain and 

8 advance the capacity of the United States 

9 to increase domestic, critical mineral explo10 ration, research, development, production, 

11 manufacturing, and recycling; and 

12 (iv) to outline criteria for evaluating 

13 performance and recommendations for the 

14 amount of funding that will be necessary 

15 to establish and carry out the program de16 scribed in paragraph (3). 

17 (B) REPORT.—Not later than 2 years after 

18 the date of enactment of this Act, the Secretary 

19 shall submit to Congress a description of the re20 sults of the study required under subparagraph 

21 (A). 

22 (3) PROGRAM.— 

23 (A) ESTABLISHMENT.—The Secretary and 

24 the Secretary of Labor shall jointly conduct a 

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1 tions of higher education may apply for and re2 ceive 4-year grants for— 

3 (i) startup costs for newly designated 

4 faculty positions in integrated critical min5 eral education, research, innovation, train6 ing, and workforce development programs 

7 consistent with paragraph (2); 

8 (ii) internships, scholarships, and fel9 lowships for students enrolled in programs 

10 related to critical minerals; 

11 (iii) equipment necessary for inte12 grated critical mineral innovation, training, 

13 and workforce development programs; and 

14 (iv) research of critical minerals and 

15 their applications, particularly concerning 

16 the manufacture of critical components 

17 vital to national security. 

18 (B) RENEWAL.—A grant under this para19 graph shall be renewable for up to 2 additional 

20 3-year terms based on performance criteria out21 lined under paragraph (2)(A)(iv). 

22 (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA

23 PRESERVATION PROGRAM.—Section 351(k) of the Energy 

24 Policy Act of 2005 (42 U.S.C. 15908(k)) is amended by 

25 striking ‘‘$30,000,000 for each of fiscal years 2006 


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1 through 2010’’ and inserting ‘‘$5,000,000 for each of fis2 cal years 2021 through 2030, to remain available until ex3 pended’’. 

4 (k) ADMINISTRATION.— 

5 (1) IN GENERAL.—The National Critical Mate6 rials Act of 1984 (30 U.S.C. 1801 et seq.) is re7 pealed. 

8 (2) CONFORMING AMENDMENT.—Section 3(d) 

9 of the National Superconductivity and Competitive10 ness Act of 1988 (15 U.S.C. 5202(d)) is amended 

11 in the first sentence by striking ‘‘, with the assist12 ance of the National Critical Materials Council as 

13 specified in the National Critical Materials Act of 

14 1984 (30 U.S.C. 1801 et seq.),’’. 

15 (3) SAVINGS CLAUSES.— 

16 (A) IN GENERAL.—Nothing in this section 

17 or an amendment made by this section modifies 

18 any requirement or authority provided by— 

19 (i) the matter under the heading ‘‘GE20 OLOGICAL SURVEY’’ of the first section 

21 of the Act of March 3, 1879 (43 U.S.C. 

22 31(a)); or 

23 (ii) the first section of Public Law 

24 87–626 (43 U.S.C. 31(b)). 


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1 (B) EFFECT ON DEPARTMENT OF DE2 FENSE.—Nothing in this section or an amend3 ment made by this section affects the authority 

4 of the Secretary of Defense with respect to the 

5 work of the Department of Defense on critical 

6 material supplies in furtherance of the national 

7 defense mission of the Department of Defense. 

8 (C) SECRETARIAL ORDER NOT AF9 FECTED.—This section shall not apply to any 

10 mineral described in Secretarial Order No. 

11 3324, issued by the Secretary on December 3, 

12 2012, in any area to which the order applies. 

13 (4) APPLICATION OF CERTAIN PROVISIONS.— 

14 (A) IN GENERAL.—Subsections (e) and (f) 

15 shall apply to— 

16 (i) an exploration project in which the 

17 presence of a byproduct is reasonably ex18 pected, based on known mineral 

19 companionality, geologic formation, min20 eralogy, or other factors; and 

21 (ii) a project that demonstrates that 

22 the byproduct is of sufficient grade that, 

23 when combined with the production of a 

24 host mineral, the byproduct is economic to 

25 recover, as determined by the applicable 


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1 Secretary in accordance with subparagraph 

2 (B). 

3 (B) REQUIREMENT.—In making the deter4 mination under subparagraph (A)(ii), the appli5 cable Secretary shall consider the cost effective6 ness of the byproducts recovery. 

7 (l) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $50,000,000 for each of fiscal years 2021 through 2030. 

10 SEC. 10002. RARE EARTH ELEMENT ADVANCED COAL TECH11 NOLOGIES. 

12 (a) PROGRAM FOR EXTRACTION AND RECOVERY OF

13 RARE EARTH ELEMENTS AND MINERALS FROM COAL

14 AND COAL BYPRODUCTS.— 

15 (1) IN GENERAL.—The Secretary of Energy, 

16 acting through the Assistant Secretary for Fossil 

17 Energy (referred to in this section as the ‘‘Sec18 retary’’), shall carry out a program under which the 

19 Secretary shall develop advanced separation tech20 nologies for the extraction and recovery of rare earth 

21 elements and minerals from coal and coal byprod22 ucts. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 

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1 graph (1) $23,000,000 for each of fiscal years 2021 

2 through 2028. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 the Committee on Energy and Natural Resources of the 

6 Senate and the Committee on Energy and Commerce of 

7 the House of Representatives a report evaluating the de8 velopment of advanced separation technologies for the ex9 traction and recovery of rare earth elements and minerals 

10 from coal and coal byproducts, including acid mine drain11 age from coal mines. 

12 TITLE XI—MISCELLANEOUS 

13 PROVISIONS 

14 SEC. 11001. EMERGENCY DESIGNATION. 

15 (a) IN GENERAL.—The amounts provided by this di16 vision and the amendments made by this division are des17 ignated as an emergency requirement pursuant to section 

18 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 

19 U.S.C. 933(g)). 

20 (b) DESIGNATION IN SENATE.—In the Senate, this 

21 division and the amendments made by this division are 

22 designated as an emergency requirement pursuant to sec23 tion 4112(a) of H. Con. Res. 71 (115th Congress), the 

24 concurrent resolution on the budget for fiscal year 2018. 


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1 DIVISION B—CORONAVIRUS RESPONSE 

2 ADDITIONAL SUPPLEMENTAL APPRO3 PRIATIONS ACT, 2020 

4

5 The following sums are hereby are appropriated, out 

6 of any money in the Treasury not otherwise appropriated, 

7 for the fiscal year ending September 30, 2020, and for 

8 other purposes, namely: 

9 TITLE I 

10 DEPARTMENT OF HEALTH AND HUMAN 

11 SERVICES 

12 PAYMENTS TO STATES FOR THE CHILD CARE AND

13 DEVELOPMENT BLOCK GRANT

14 For an additional amount for ‘‘Payments to States 

15 for the Child Care and Development Block Grant’’, 

16 $5,000,000,000, to remain available through September 

17 30, 2021, to prevent, prepare for, and respond to 

18 coronavirus, domestically or internationally, including for 

19 Federal administrative expenses, which shall be used to 

20 supplement, not supplant State, Territory, and Tribal gen21 eral revenue funds for child care assistance for low-income 

22 families within the United States (including territories) 

23 without regard to requirements in sections 

24 658E(c)(3)(D)–(E) or 658G of the Child Care and Devel25 opment Block Grant Act: Provided, That funds provided 


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1 under this heading in this Act may be used to provide con2 tinued payments and assistance to child care providers in 

3 the case of decreased enrollment or closures related to 

4 coronavirus, and to assure they are able to remain open 

5 or reopen as appropriate and applicable: Provided further, 

6 That States, Territories, and Tribes are encouraged to 

7 place conditions on payments to child care providers that 

8 ensure that child care providers use a portion of funds 

9 received to continue to pay the salaries and wages of staff: 

10 Provided further, That the Secretary shall remind States 

11 that CCDBG State plans do not need to be amended prior 

12 to utilizing existing authorities in the CCDBG Act for the 

13 purposes provided herein: Provided further, That States, 

14 Territories, and Tribes are authorized to use funds appro15 priated under this heading in this Act to provide child care 

16 assistance to health care sector employees, emergency re17 sponders, sanitation workers, and other workers deemed 

18 essential during the response to coronavirus by public offi19 cials, without regard to the income eligibility requirements 

20 of section 658P(4) of such Act: Provided further, That 

21 funds appropriated under this heading in this Act shall 

22 be available to eligible child care providers under section 

23 658P(6) of the CCDBG Act, even if such providers were 

24 not receiving CCDBG assistance prior to the public health 

25 emergency as a result of the coronavirus and any renewal 


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1 of such declaration pursuant to such section 319, for the 

2 purposes of cleaning and sanitation, and other activities 

3 necessary to maintain or resume the operation of pro4 grams: Provided further, That payments made under this 

5 heading in this Act may be obligated in this fiscal year 

6 or the succeeding two fiscal years: Provided further, That 

7 funds appropriated under this heading in this Act may be 

8 made available to restore amounts, either directly or 

9 through reimbursement, for obligations incurred to pre10 vent, prepare for, and respond to coronavirus, domestically 

11 or internationally, prior to the date of enactment of this 

12 Act: Provided further, That such amount is designated 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. 

16 BACK TO WORK CHILD CARE GRANTS

17 For an additional amount for ‘‘Back to Work Child 

18 Care Grants’’, $10,000,000,000, to remain available 

19 through September 30, 2021, to prevent, prepare for, and 

20 respond to coronavirus, domestically or internationally, 

21 which shall be for activities to carry out Back to Work 

22 Child Care Grants as authorized by section 6101 of divi23 sion A of this Act: Provided, That such amount is des24 ignated by the Congress as being for an emergency reVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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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 OFFICE OF THE SECRETARY

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Public Health and So8 cial Services Emergency Fund’’, $31,000,000,000, to re9 main available until September 30, 2024, to prevent, pre10 pare for, and respond to coronavirus, domestically or 

11 internationally, including the development of necessary 

12 countermeasures and vaccines, prioritizing platform-based 

13 technologies with U.S.-based manufacturing capabilities, 

14 the purchase of vaccines, therapeutics, diagnostics, nec15 essary medical supplies, as well as medical surge capacity, 

16 addressing blood supply chain, workforce modernization, 

17 telehealth access and infrastructure, initial advanced man18 ufacturing, novel dispensing, enhancements to the U.S. 

19 Commissioned Corps, and other preparedness and re20 sponse activities: Provided, That funds appropriated under 

21 this paragraph in this Act may be used to develop and 

22 demonstrate innovations and enhancements to manufac23 turing platforms to support such capabilities: Provided 

24 further, That the Secretary of Health and Human Services 

25 shall purchase vaccines developed using funds made availVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 able under this paragraph in this Act to respond to an 

2 outbreak or pandemic related to coronavirus in quantities 

3 determined by the Secretary to be adequate to address the 

4 public health need: Provided further, That products pur5 chased by the Federal government with funds made avail6 able under this paragraph in this Act, including vaccines, 

7 therapeutics, and diagnostics, shall be purchased in ac8 cordance with Federal Acquisition Regulation guidance on 

9 fair and reasonable pricing: Provided further, That the 

10 Secretary may take such measures authorized under cur11 rent law to ensure that vaccines, therapeutics, and 

12 diagnostics developed from funds provided in this Act will 

13 be affordable in the commercial market: Provided further, 

14 That in carrying out the previous proviso, the Secretary 

15 shall not take actions that delay the development of such 

16 products: Provided further, That the Secretary shall en17 sure that protections remain for individuals enrolled in 

18 group or individual health care coverage with pre-existing 

19 conditions, including those linked to coronavirus: Provided 

20 further, That products purchased with funds appropriated 

21 under this paragraph in this Act may, at the discretion 

22 of the Secretary of Health and Human Services, be depos23 ited in the Strategic National Stockpile under section 

24 319F–2 of the Public Health Service Act: Provided fur25 ther, That of the amount appropriated under this paraVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 graph in this Act, not more than $2,000,000,000 shall be 

2 for the Strategic National Stockpile under section 319F– 

3 2(a) of such Act: Provided further, That funds appro4 priated under this paragraph in this Act may be trans5 ferred to, and merged with, the fund authorized by section 

6 319F–4, the Covered Counter measure Process Fund, of 

7 the Public Health Service Act: Provided further, That of 

8 the amount appropriated under this paragraph in this Act, 

9 not more than $2,000,000,000, to remain available until 

10 September 30, 2022, shall be for activities to improve and 

11 sustain State medical stockpiles, as described in the 

12 amendments made by section 7002 of division A of this 

13 Act: Provided further, That of the amount appropriated 

14 under this paragraph in this Act, $20,000,000,000 shall 

15 be available to the Biomedical Advanced Research and De16 velopment Authority for necessary expenses of manufac17 turing, production, and purchase, at the discretion of the 

18 Secretary, of vaccines, therapeutics, diagnostics, and small 

19 molecule active pharmaceutical ingredients, including the 

20 development, translation, and demonstration at scale of 

21 innovations in manufacturing platforms: Provided further, 

22 That funds in the previous proviso may be used for the 

23 construction or renovation of U.S.-based next generation 

24 manufacturing facilities, other than facilities owned by the 

25 United States Government: Provided further, That 


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1 amounts provided in the eleventh proviso may be for nec2 essary expenses related to the sustained on-shore manu3 facturing capacity for public health emergencies, as de4 scribed in the amendments made by section 7001 of divi5 sion A of this Act: Provided further, That of the amount 

6 appropriated under this paragraph in this Act, 

7 $6,000,000,000 shall be for activities to plan, prepare for, 

8 promote, distribute, administer, monitor, and track 

9 coronavirus vaccines to ensure broad-based distribution, 

10 access, and vaccine coverage: Provided further, That the 

11 Secretary shall coordinate funding and activities outlined 

12 in the previous proviso through the Director of CDC: Pro13 vided further, That the Secretary, through the Director of 

14 CDC, shall report to the Committees on Appropriations 

15 of the House of Representatives and the Senate within 60 

16 days of enactment of this Act on a comprehensive 

17 coronavirus vaccine distribution strategy and spend plan 

18 that includes how existing infrastructure will be leveraged, 

19 enhancements or new infrastructure that may be built, 

20 considerations for moving and storing vaccines, guidance 

21 for how States and health care providers should prepare 

22 for, store, and administer vaccines, nationwide vaccination 

23 targets, funding that will be distributed to States, how an 

24 informational campaign to both the public and health care 

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1 tion plan will focus efforts on high risk, underserved, and 

2 minority populations: Provided further, That such plan 

3 shall be updated and provided to the Committees on Ap4 propriations of the House of Representatives and the Sen5 ate 90 days after submission of the first plan: Provided 

6 further, That the Secretary shall notify the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate 2 days in advance of any obligation in excess of 

9 $50,000,000, including but not limited to contracts and 

10 interagency agreements, from funds provided in this para11 graph in this Act: Provided further, That funds appro12 priated under this paragraph in this Act may be used for 

13 the construction, alteration, or renovation of non-federally 

14 owned facilities for the production of vaccines, thera15 peutics, diagnostics, and medical supplies where the Sec16 retary determines that such a contract is necessary to se17 cure sufficient amounts of such supplies: Provided further, 

18 That the not later than 30 days after enactment of this 

19 Act, and every 30 days thereafter until funds are ex20 pended, the Secretary shall report to the Committees on 

21 Appropriations of the House of Representatives and the 

22 Senate on uses of funding for Operation Warp Speed, de23 tailing current obligations by Department or Agency, or 

24 component thereof broken out by the coronavirus supple25 mental appropriations Act that provided the source of 


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1 funds: Provided further, That the plan outlined in the pre2 vious proviso shall include funding by contract, grant, or 

3 other transaction in excess of $20,000,000 with a notation 

4 of which Department or Agency, and component thereof 

5 is managing the contract: Provided further, That such 

6 amount is designated by the Congress as being for an 

7 emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 For an additional amount for ‘‘Public Health and So11 cial Services Emergency Fund’’, $16,000,000,000, to re12 main available until September 30, 2022, to prevent, pre13 pare for, and respond to coronavirus, domestically or 

14 internationally, which shall be for necessary expenses for 

15 testing, contact tracing, surveillance, containment, and 

16 mitigation to monitor and suppress COVID–19, including 

17 tests for both active infection and prior exposure, includ18 ing molecular, antigen, and serological tests, the manufac19 turing, procurement and distribution of tests, testing 

20 equipment and testing supplies, including personal protec21 tive equipment needed for administering tests, the devel22 opment and validation of rapid, molecular point-of-care 

23 tests, and other tests, support for workforce, epidemiology, 

24 to scale up academic, commercial, public health, and hos25 pital laboratories, to conduct surveillance and contact 


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1 tracing, support development of COVID–19 testing plans, 

2 and other related activities related to COVID–19 testing: 

3 Provided, That of the amount appropriated under this 

4 paragraph in this Act, not less than $15,000,000,000 shall 

5 be for States, localities, territories, tribes, tribal organiza6 tions, urban Indian health organizations, or health service 

7 providers to tribes for necessary expenses for testing, con8 tact tracing, surveillance, containment, and mitigation, in9 cluding support for workforce, epidemiology, use by em10 ployers, elementary and secondary schools, child care fa11 cilities, institutions of higher education, long-term care fa12 cilities, or in other settings, scale up of testing by public 

13 health, academic, commercial, and hospital laboratories, 

14 and community-based testing sites, health care facilities, 

15 and other entities engaged in COVID–19 testing, and 

16 other related activities related to COVID–19 testing, con17 tact tracing, surveillance, containment, and mitigation: 

18 Provided further, That the amount provided in the pre19 ceding proviso under this paragraph in this Act shall be 

20 made available within 30 days of the date of enactment 

21 of this Act: Provided further, That the amount identified 

22 in the first proviso under this paragraph in this Act shall 

23 be allocated to States, localities, and territories according 

24 to the formula that applied to the Public Health Emer25 gency Preparedness cooperative agreement in fiscal year 


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1 2019: Provided further, That not less than $500,000,000 

2 shall be allocated in coordination with the Director of the 

3 Indian Health Service, to tribes, tribal organizations, 

4 urban Indian health organizations, or health service pro5 viders to tribes: Provided further, That the Secretary of 

6 Health and Human Services (referred to in this paragraph 

7 as the ‘‘Secretary’’) may satisfy the funding thresholds 

8 outlined in the first and fourth provisos under this para9 graph in this Act by making awards through other grant 

10 or cooperative agreement mechanisms: Provided further, 

11 That the Governor or designee of each State, locality, ter12 ritory, tribe, or tribal organization receiving funds pursu13 ant to this Act shall update their plans, as applicable, for 

14 COVID–19 testing and contact tracing submitted to the 

15 Secretary pursuant to the Paycheck Protection Program 

16 and Health Care Enhancement Act (Public Law 116–139) 

17 and submit such updates to the Secretary not later than 

18 60 days after funds appropriated in this paragraph in this 

19 Act have been awarded to such recipient: Provided further, 

20 That not later than 60 days after enactment, and every 

21 quarter thereafter until funds are expended, the Governor 

22 or designee of each State, locality, territory, tribe, or tribal 

23 organization receiving funds shall report to the Secretary 

24 on uses of funding, detailing current commitments and ob25 ligations broken out by the coronavirus supplemental apVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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1 propriations Act that provided the source of funds: Pro2 vided further, That not later than 15 days after receipt 

3 of such reports, the Secretary shall summarize and report 

4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate on States’ commitments and 

6 obligations of funding: Provided further, That funds an en7 tity receives from amounts described in the first proviso 

8 in this paragraph may also be used for the rent, lease, 

9 purchase, acquisition, construction, alteration, renovation, 

10 or equipping of non-federally owned facilities to improve 

11 coronavirus preparedness and response capability at the 

12 State and local level: Provided further, That such amount 

13 is designated by the Congress as being for an emergency 

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

15 Balanced Budget and Emergency Deficit Control Act of 

16 1985. 

17 DEPARTMENT OF EDUCATION 

18 EDUCATION STABILIZATION FUND

19 For an additional amount for ‘‘Education Stabiliza20 tion Fund’’, $105,000,000,000, to remain available 

21 through September 30, 2021, to prevent, prepare for, and 

22 respond to coronavirus, domestically or internationally: 

23 Provided, That such amount is designated by the Congress 

24 as being for an emergency requirement pursuant to secVerDate Sep 11 2014 23:48 Oct 01, 2020 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.PCS S4775

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

3 GENERAL PROVISIONS

4 EDUCATION STABILIZATION FUND

5 SEC. 101. (a) ALLOCATIONS.—From the amount 

6 made available under this heading in this Act to carry out 

7 the Education Stabilization Fund, the Secretary shall first 

8 allocate— 

9 (1) not more than one half of 1 percent to the 

10 outlying areas on the basis of the terms and condi11 tions for funding provided under this heading in the 

12 Coronavirus Aid, Relief, and Economic Security 

13 (CARES) Act (Public Law 116–136); and 

14 (2) one-half of 1 percent for the Secretary of 

15 the Interior for programs operated or funded by the 

16 Bureau of Indian Education, under the terms and 

17 conditions established for funding provided under 

18 this heading in the CARES Act (Public Law 116– 

19 136). 

20 (b) RESERVATIONS.—After carrying out subsection 

21 (a), the Secretary shall reserve the remaining funds made 

22 available as follows: 

23 (1) 5 percent to carry out section 102 of this 

24 title. 


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1 (2) 67 percent to carry out section 103 of this 

2 title. 

3 (3) 28 percent to carry out section 104 of this 

4 title. 

5 GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND

6 SEC. 102. (a) GRANTS.—From funds reserved under 

7 section 101(b)(1) of this title, the Secretary shall make 

8 supplemental Emergency Education Relief grants to the 

9 Governor of each State with an approved application 

10 under section 18002 of division B of the CARES Act 

11 (Public Law 116–136). The Secretary shall award funds 

12 under this section to the Governor of each State with an 

13 approved application within 30 calendar days of enact14 ment of this Act. 

15 (b) ALLOCATIONS.—The amount of each grant under 

16 subsection (a) shall be allocated by the Secretary to each 

17 State as follows: 

18 (1) 60 percent on the basis of their relative 

19 population of individuals aged 5 through 24. 

20 (2) 40 percent on the basis of their relative 

21 number of children counted under section 1124(c) of 

22 the Elementary and Secondary Education Act of 

23 1965 (referred to under this heading as ‘‘ESEA’’). 

24 (c) USES OF FUNDS.—Grant funds awarded under 

25 subsection (b) may be used to— 


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1 (1) provide emergency support through grants 

2 to local educational agencies that the State edu3 cational agency deems have been most significantly 

4 impacted by coronavirus to support the ability of 

5 such local educational agencies to continue to pro6 vide educational services to their students and to 

7 support the on-going functionality of the local edu8 cational agency; 

9 (2) provide emergency support through grants 

10 to institutions of higher education serving students 

11 within the State that the Governor determines have 

12 been most significantly impacted by coronavirus to 

13 support the ability of such institutions to continue to 

14 provide educational services and support the on15 going functionality of the institution; and 

16 (3) provide support to any other institution of 

17 higher education, local educational agency, or edu18 cation related entity within the State that the Gov19 ernor deems essential for carrying out emergency 

20 educational services to students for authorized ac21 tivities described in section 103(e) of this title, the 

22 ESEA of 1965, the Higher Education Act of 1965, 

23 the provision of child care and early childhood edu24 cation, social and emotional support, career and 


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1 technical education, adult education, and the protec2 tion of education-related jobs. 

3 (d) REALLOCATION.—Each Governor shall return to 

4 the Secretary any funds received under this section that 

5 the Governor does not award within 6 months of receiving 

6 such funds and the Secretary shall reallocate such funds 

7 to the remaining States in accordance with subsection (b). 

8 (e) REPORT.—A Governor receiving funds under this 

9 section shall submit a report to the Secretary, not later 

10 than 6 months after receiving funding provided in this 

11 Act, in such manner and with such subsequent frequency 

12 as the Secretary may require, that provides a detailed ac13 counting of the use of funds provided under this section. 

14 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY

15 RELIEF FUND

16 SEC. 103. (a) GRANTS.—From funds reserved under 

17 section 101(b)(2) of this title, the Secretary shall make 

18 supplemental elementary and secondary school emergency 

19 relief grants to each State educational agency with an ap20 proved application under section 18003 of division B of 

21 the CARES Act (Public Law 116–136). The Secretary 

22 shall award funds under this section to each State edu23 cational agency with an approved application within 15 

24 calendar days of enactment of this Act. 


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1 (b) ALLOCATIONS TO STATES.—The amount of each 

2 grant under subsection (a) shall be allocated by the Sec3 retary to each State in the same proportion as each State 

4 received under part A of title I of the ESEA of 1965 in 

5 the most recent fiscal year. 

6 (c) SUBGRANTS.—From the payment provided by the 

7 Secretary under subsection (b), the State educational 

8 agency may provide services and assistance to local edu9 cational agencies and non-public schools, consistent with 

10 the provisions of this title. After carrying out the reserva11 tion of funds in section 105 of this title, each State shall 

12 allocate not less than 90 percent of the remaining grant 

13 funds awarded to the State under this section as sub14 grants to local educational agencies (including charter 

15 schools that are local educational agencies) in the State 

16 in proportion to the amount of funds such local edu17 cational agencies and charter schools that are local edu18 cational agencies received under part A of title I of the 

19 ESEA of 1965 in the most recent fiscal year. The State 

20 educational agency shall make such subgrants to local 

21 educational agencies as follows— 

22 (1) one-third of funds shall be awarded not less 

23 than 15 calendar days after receiving an award from 

24 the Secretary under this section; and 


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1 (2) the remaining two-thirds of funds shall be 

2 awarded only after the local educational agency sub3 mits to the Governor and the Governor approves a 

4 comprehensive school reopening plan for the 2020– 

5 2021 school-year, based on criteria determined by 

6 the Governor in consultation with the State edu7 cational agency (including criteria for the Governor 

8 to carry out subparagraph (A) through (C)), that 

9 describes how the local educational agency will safely 

10 reopen schools with the physical presence of stu11 dents, consistent with maintaining safe and contin12 uous operations aligned with challenging state aca13 demic standards. The Governor shall approve such 

14 plans within 30 days after the plan is submitted, 

15 subject to the requirements in subparagraphs (A) 

16 through (C). 

17 (A) A local educational agency that pro18 vides in-person instruction for at least 50 per19 cent of its students where the students phys20 ically attend school no less than 50 percent of 

21 each school-week, as it was defined by the local 

22 educational agency prior to the coronavirus 

23 emergency, shall have its plan automatically ap24 proved. 


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1 (B) A local educational agency that does 

2 not provide in-person instruction to any stu3 dents where the students physically attend 

4 school in-person shall not be eligible to receive 

5 a subgrant under paragraph (2). 

6 (C) A local educational agency that pro7 vides in-person instruction to at least some stu8 dents where the students physically attend 

9 school in-person but does not satisfy the re10 quirements in subparagraph (A) shall have its 

11 allocation reduced on a pro rata basis as deter12 mined by the Governor. 

13 (d) PLAN CONTENTS.—A school reopening plan sub14 mitted to a Governor under subsection (c)(2) shall include, 

15 in addition to any other information necessary to meet the 

16 criteria determined by the Governor— 

17 (1) A detailed timeline for when the local edu18 cational agency will provide in-person instruction, in19 cluding the goals and criteria used for providing full20 time in-person instruction to all students; 

21 (2) A description of how many days of in-per22 son instruction per calendar week the local edu23 cational agency plans to offer to students during the 

24 2020–2021 school year; and 


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1 (3) An assurance that the local educational 

2 agency will offer students as much in-person instruc3 tion as is safe and practicable, consistent with main4 taining safe and continuous operations aligned with 

5 challenging state academic standards. 

6 (e) USES OF FUNDS.— 

7 (1) A local educational agency or non-public 

8 school that receives funds under subsection (c)(1) or 

9 section 105 may use funds for any of the following: 

10 (A) Activities to support returning to in11 person instruction, including purchasing per12 sonal protective equipment, implementing flexi13 ble schedules to keep children in isolated 

14 groups, purchasing box lunches so that children 

15 can eat in their classroom, purchasing physical 

16 barriers, providing additional transportation 

17 services, repurposing existing school rooms and 

18 space, and improving ventilation systems. 

19 (B) Developing and implementing proce20 dures and systems to improve the preparedness 

21 and response efforts of local educational agen22 cies or non-public schools including coordination 

23 with State, local, Tribal, and territorial public 

24 health departments, and other relevant agen25 cies, to improve coordinated responses among 


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1 such entities to prevent, prepare for, and re2 spond to coronavirus. 

3 (C) Providing principals and other school 

4 leaders with the resources necessary to address 

5 the needs of their individual schools directly re6 lated to coronavirus. 

7 (D) Providing additional services to ad8 dress the unique needs of low-income children 

9 or students, children with disabilities, English 

10 learners, racial and ethnic minorities, students 

11 experiencing homelessness, and foster care 

12 youth, including how outreach and service deliv13 ery will meet the needs of each population. 

14 (E) Training and professional development 

15 for staff of the local educational agency or non16 public school on sanitation and minimizing the 

17 spread of infectious diseases. 

18 (F) Purchasing supplies to sanitize, clean, 

19 and disinfect the facilities of a local educational 

20 agency or non-public school, including buildings 

21 operated by such agency. 

22 (G) Planning for and coordinating during 

23 long-term closures, including for how to provide 

24 meals to eligible students, how to provide tech25 nology for online learning to all students, how 


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1 to provide guidance for carrying out require2 ments under the Individuals with Disabilities 

3 Education Act (20 U.S.C. 1401 et seq.) and 

4 how to ensure other educational services can 

5 continue to be provided consistent with all Fed6 eral, State, and local requirements. 

7 (H) Purchasing educational technology (in8 cluding hardware, software, and connectivity) 

9 for students who are served by the local edu10 cational agency or non-public school that aids 

11 in regular and substantive educational inter12 action between students and their classroom in13 structors, including low-income students and 

14 students with disabilities, which may include as15 sistive technology or adaptive equipment. 

16 (I) Expanding healthcare and other health 

17 services (including mental health services and 

18 supports), including for children at risk of 

19 abuse or neglect. 

20 (J) Planning and implementing activities 

21 related to summer learning and supplemental 

22 afterschool programs, including providing class23 room instruction or online learning during the 

24 summer months and addressing the needs of 

25 low-income students, students with disabilities, 


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1 English learners, migrant students, students ex2 periencing homelessness, and children in foster 

3 care. 

4 (2) A local educational agency that receives 

5 funds under subsection (c)(2) may use the funds for 

6 activities to carry out a comprehensive school re7 opening plan as described in this section, including: 

8 (A) Purchasing personal protective equip9 ment, implementing flexible schedules to keep 

10 children in isolated groups, purchasing box 

11 lunches so that children can eat in their class12 room, purchasing physical barriers, providing 

13 additional transportation services, repurposing 

14 existing school rooms and space, and improving 

15 ventilation systems. 

16 (B) Developing and implementation of pro17 cedures and systems to improve the prepared18 ness and response efforts of local educational 

19 agencies or non-public schools, including coordi20 nation with State, local, Tribal, and territorial 

21 public health departments, and other relevant 

22 agencies, to improve coordinated responses 

23 among such entities to prevent, prepare for, 

24 and respond to coronavirus. 


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1 (C) Providing principals and others school 

2 leaders with the resources necessary to address 

3 the needs of their individual schools. 

4 (D) Providing additional services to ad5 dress the unique needs of low-income children 

6 or students, children with disabilities, English 

7 learners, racial and ethnic minorities, students 

8 experiencing homelessness, and foster care 

9 youth, including how outreach and service deliv10 ery will meet the needs of each population. 

11 (E) Training and professional development 

12 for staff of the local educational agency or non13 public school on sanitation and minimizing the 

14 spread of infectious diseases. 

15 (F) Purchasing supplies to sanitize, clean, 

16 and disinfect the facilities of a local educational 

17 agency or non-public school, including buildings 

18 operated by such agency. 

19 (G) Purchasing educational technology (in20 cluding hardware, software, and connectivity) 

21 for students who are served by the local edu22 cational agency or non-public school that aids 

23 in regular and substantive educational inter24 action between students and their classroom in25 structors, including low-income students and 


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1 students with disabilities, which may include as2 sistive technology or adaptive equipment. 

3 (H) Expanding healthcare and other 

4 health services (including mental health services 

5 and supports), including for children at risk of 

6 abuse or neglect. 

7 (I) Planning and implementing activities 

8 related to summer learning and supplemental 

9 afterschool programs, including providing class10 room instruction during the summer months 

11 and addressing the needs of low-income stu12 dents, students with disabilities, English learn13 ers, migrant students, students experiencing 

14 homelessness, and children in foster care. 

15 (f) STATE FUNDING.—With funds not otherwise allo16 cated or reserved under this section, a State may reserve 

17 not more than 1/2 of 1 percent of its grant under this 

18 section for administrative costs and the remainder for 

19 emergency needs as determined by the State educational 

20 agency to address issues responding to coronavirus, which 

21 may be addressed through the use of grants or contracts. 

22 (g) ASSURANCES.—A State, State educational agen23 cy, or local educational agency receiving funding under 

24 this section shall provide assurances, as applicable, that: 


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1 (1) A State, State educational agency, or local 

2 educational agency will maintain and expand access 

3 to high-quality schools, including high-quality public 

4 charter schools, and will not— 

5 (A) enact policies to close or prevent the 

6 expansion of such schools to address revenue 

7 shortfalls that result in the disproportionate 

8 closure or denial of expansion of public charter 

9 schools that are otherwise meeting the terms of 

10 their charter for academic achievement; or 

11 (B) disproportionally reduce funding to 

12 charter schools or otherwise increase funding 

13 gaps between charter schools and other public 

14 schools in the local educational agency. 

15 (2) Allocations of funding and services provided 

16 from funds provided in this section to public charter 

17 schools are made on the same basis as is used for 

18 all public schools, consistent with state law and in 

19 consultation with charter school leaders. 

20 (h) REPORT.—A State receiving funds under this sec21 tion shall submit a report to the Secretary, not later than 

22 6 months after receiving funding provided in this Act, in 

23 such manner and with such subsequent frequency as the 

24 Secretary may require, that provides a detailed accounting 

25 of the use of funds provided under this section. 


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1 (i) REALLOCATION.—A State shall return to the Sec2 retary any funds received under this section that the State 

3 does not award within 4 months of receiving such funds 

4 and the Secretary shall deposit such funds into the general 

5 fund of the Treasury. 

6 (j) RULE OF CONSTRUCTION.— 

7 (1) The receipt of any funds authorized or ap8 propriated under this section, including pursuant to 

9 section 105 of this Act, by a nonprofit entity, or by 

10 any individual who has been admitted or applied for 

11 admission to such entity (or any parent or guardian 

12 of such individual), shall not be construed to render 

13 such entity or person a recipient of Federal financial 

14 assistance for any purpose, nor shall any such per15 son or entity be required to make any alteration to 

16 its existing programs, facilities, or employment prac17 tices except as required under this section. 

18 (2) No State participating in any program 

19 under this section, including pursuant to section 105 

20 of this Act, shall impose any penalty or additional 

21 requirement upon, or otherwise disadvantage, such 

22 entity or person as a consequence or condition of its 

23 receipt of such funds. 

24 (3) No State participating in any program 

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1 ty to use any funds authorized or appropriated 

2 under this section, including pursuant to section 105 

3 of this Act, except as provided by subsection (e), nor 

4 shall any such State impose any limits upon the use 

5 of any such funds except as provided by subsection 

6 (e). 

7 HIGHER EDUCATION EMERGENCY RELIEF FUND

8 SEC. 104. (a) IN GENERAL.—From funds reserved 

9 under section 101(b)(3) of this title the Secretary shall 

10 allocate amounts as follows: 

11 (1) 85 percent to each institution of higher edu12 cation described in section 101 or section 102(c) of 

13 the Higher Education Act of 1965 to prevent, pre14 pare for, and respond to coronavirus, by appor15 tioning it— 

16 (A) 90 percent according to the relative 

17 share of full-time equivalent enrollment of Fed18 eral Pell Grant recipients who were not exclu19 sively enrolled in distance education courses 

20 prior to the coronavirus emergency; and 

21 (B) 10 percent according to the relative 

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1 tance education courses prior to the coronavirus 

2 emergency. 

3 (2) 10 percent for additional awards under 

4 parts A and B of title III, parts A and B of title 

5 V, and subpart 4 of part A of title VII of the Higher 

6 Education Act to address needs directly related to 

7 coronavirus, that shall be in addition to awards 

8 made in section 104(a)(1) of this title, and allocated 

9 by the Secretary proportionally to such programs 

10 based on the relative share of funding appropriated 

11 to such programs in the Further Consolidated Ap12 propriations Act, 2020 (Public Law 116–94) and 

13 distributed to eligible institutions of higher edu14 cation, except as otherwise provided in subpara15 graphs (A)–(D), on the basis of the formula de16 scribed in section 104(a)(1) of this title: 

17 (A) Except as otherwise provided in sub18 paragraph (B), for eligible institutions under 

19 part B of title III and subpart 4 of part A of 

20 title VII of the Higher Education Act, the Sec21 retary shall allot to each eligible institution an 

22 amount using the following formula: 

23 (i) 70 percent according to a ratio 

24 equivalent to the number of Pell Grant re25 cipients in attendance at such institution 


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1 at the end of the school year preceding the 

2 beginning of the most recent fiscal year 

3 and the total number of Pell Grant recipi4 ents at all such institutions; 

5 (ii) 20 percent according to a ratio 

6 equivalent to the total number of students 

7 enrolled at such institution at the end of 

8 the school year preceding the beginning of 

9 that fiscal year and the number of stu10 dents enrolled at all such institutions; and 

11 (iii) 10 percent according to a ratio 

12 equivalent to the total endowment size at 

13 all eligible institutions at the end of the 

14 school year preceding the beginning of that 

15 fiscal year and the total endowment size at 

16 such institutions; 

17 (B) For eligible institutions under section 

18 326 of the Higher Education Act, the Secretary 

19 shall allot to each eligible institution an amount 

20 in proportion to the award received from fund21 ing for such institutions in the Further Consoli22 dated Appropriations Act, 2020 (Public Law 

23 116–94); 

24 (C) For eligible institutions under section 

25 316 of the Higher Education Act, the Secretary 


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1 shall allot funding according to the formula in 

2 section 316(d)(3) of the Higher Education Act; 

3 and 

4 (D) Notwithstanding section 318(f) of the 

5 Higher Education Act, for eligible institutions 

6 under section 318 of the Higher Education Act, 

7 the Secretary shall allot funding according to 

8 the formula in section 318(e) of the Higher 

9 Education Act. 

10 (3) 5 percent for grants to institutions of high11 er education that the Secretary determines, through 

12 an application process and after allocating funds 

13 under paragraphs 104(a)(1) and (2) of this Act, 

14 have the greatest unmet needs related to 

15 coronavirus. In awarding funds to institutions of 

16 higher education under this paragraph the Secretary 

17 shall prioritize institutions of higher education— 

18 (A) described under title I of the Higher 

19 Education Act of 1965 that were not eligible to 

20 receive an award under section 104(a)(1) of 

21 this title, including institutions described in sec22 tion 102(b) of the Higher Education Act of 

23 1965; and 

24 (B) that otherwise demonstrate significant 

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1 dressed by funding allocated under subsections 

2 (a)(1) or (a)(2) of this section. 

3 (b) DISTRIBUTION.—The funds made available to 

4 each institution under subsection (a)(1) shall be distrib5 uted by the Secretary using the same systems as the Sec6 retary otherwise distributes funding to each institution 

7 under title IV of the Higher Education Act of 1965 (20 

8 U.S.C. 1001 et seq.). 

9 (c) USES OF FUNDS.—An institution of higher edu10 cation receiving funds under this section may use the 

11 funds received to: 

12 (1) defray expenses associated with coronavirus 

13 (including lost revenue, reimbursement for expenses 

14 already incurred, technology costs associated with a 

15 transition to distance education, faculty and staff 

16 trainings, and payroll); and 

17 (2) provide financial aid grants to students (in18 cluding students exclusively enrolled in distance edu19 cation), which may be used for any component of the 

20 student’s cost of attendance or for emergency costs 

21 that arise due to coronavirus. 

22 (d) SPECIAL PROVISIONS.— 

23 (1) A Historically Black College and University 

24 or a Minority Serving Institution may use prior 

25 awards provided under titles III, V, and VII of the 


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1 Higher Education Act to prevent, prepare for, and 

2 respond to coronavirus. 

3 (2) An institution of higher education receiving 

4 funds under section 18004 of division B of the 

5 CARES Act (Public Law 116–136) may use those 

6 funds under the terms and conditions of section 

7 104(c) of this Act. Amounts repurposed pursuant to 

8 this paragraph that were previously designated by 

9 the Congress as an emergency requirement pursuant 

10 to the Balanced Budget and Emergency Deficit Con11 trol Act of 1985 are designated by the Congress as 

12 an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 

15 (3) No funds received by an institution of high16 er education under this section shall be used to fund 

17 contractors for the provision of pre-enrollment re18 cruitment activities; endowments; or capital outlays 

19 associated with facilities related to athletics, sec20 tarian instruction, or religious worship. 

21 (4) An institution of higher education that was 

22 required to remit payment to the Internal Revenue 

23 Service for the excise tax based on investment in24 come of private colleges and universities under sec25 tion 4968 of the Internal Revenue Code of 1986 for 


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1 tax year 2019 shall have their allocation under this 

2 section reduced by 50 percent and may only use 

3 funds for activities described in paragraph (c)(2). 

4 This paragraph shall not apply to an institution of 

5 higher education designated by the Secretary as an 

6 eligible institution under section 448 of the Higher 

7 Education Act of 1965. 

8 (e) REPORT.—An institution receiving funds under 

9 this section shall submit a report to the Secretary, not 

10 later than 6 months after receiving funding provided in 

11 this Act, in such manner and with such subsequent fre12 quency as the Secretary may require, that provides a de13 tailed accounting of the use of funds provided under this 

14 section. 

15 (f) REALLOCATION.—Any funds allocated to an insti16 tution of higher education under this section on the basis 

17 of a formula described in subsection (a)(1) or (a)(2) but 

18 for which an institution does not apply for funding within 

19 60 days of the publication of the notice inviting applica20 tions, shall be reallocated to eligible institutions that had 

21 submitted an application by such date. 

22 ASSISTANCE TO NON-PUBLIC SCHOOLS

23 SEC. 105. (a) FUNDS AVAILABILITY.—From the pay24 ment provided by the Secretary under section 103 of this 

25 title to a State educational agency, the State educational 


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1 agency shall reserve an amount of funds equal to the per2 centage of students enrolled in non-public elementary and 

3 secondary schools in the State prior to the coronavirus 

4 emergency. Upon reserving funds under this section, the 

5 Governor of the State may award subgrants— 

6 (1) to eligible scholarship-granting organiza7 tions for carrying out section 6001 of division A of 

8 this Act; and 

9 (2) to non-public schools accredited or other10 wise located in and licensed to operate in the State 

11 based on the number of students enrolled in the non12 public school prior to the coronavirus emergency, 

13 subject to the requirements in subsection (b). 

14 (b)(1) A non-public school that provides in-person in15 struction for at least 50 percent of its students where the 

16 students physically attend school no less than 50 percent 

17 of each school-week, as determined by the non-public 

18 school prior to the coronavirus emergency, shall be eligible 

19 for the full amount of assistance per student as prescribed 

20 under this section. 

21 (2) A non-public school that does not provide in-per22 son instruction to any students where the students phys23 ically attend school in-person shall only be eligible for one24 third of the amount of assistance per student as prescribed 

25 under this section. 


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1 (3) A non-public school that provides in-person in2 struction to at least some students where the students 

3 physically attend school in-person but does not satisfy the 

4 requirements in paragraph (1) shall have its amount of 

5 assistance as prescribed under this section reduced on a 

6 pro rata basis, which shall be calculated using the same 

7 methodology as is used under section 103(c)(2)(C) of this 

8 title. 

9 (c) A Governor shall allocate not less than 50 percent 

10 of the funds reserved in this section to non-public schools 

11 or eligible scholarship-granting organizations within 30 

12 days of receiving an award from the Secretary and the 

13 remaining 50 percent not less than 4 months after receiv14 ing an award from the Secretary. 

15 CONTINUED PAYMENT TO EMPLOYEES

16 SEC. 106. A local educational agency, State, institu17 tion of higher education, or other entity that receives 

18 funds under ‘‘Education Stabilization Fund’’, shall to the 

19 greatest extent practicable, continue to pay its employees 

20 and contractors during the period of any disruptions or 

21 closures related to coronavirus. 

22 DEFINITIONS

23 SEC. 107. Except as otherwise provided in sections 

24 101–106 of this title, as used in such sections— 


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1 (1) the terms ‘‘elementary education’’ and ‘‘sec2 ondary education’’ have the meaning given such 

3 terms under State law; 

4 (2) the term ‘‘institution of higher education’’ 

5 has the meaning given such term in title I of the 

6 Higher Education Act of 1965 (20 U.S.C. 1001 et 

7 seq.); 

8 (3) the term ‘‘Secretary’’ means the Secretary 

9 of Education; 

10 (4) the term ‘‘State’’ means each of the 50 

11 States, the District of Columbia, and the Common12 wealth of Puerto Rico; 

13 (5) the term ‘‘cost of attendance’’ has the 

14 meaning given such term in section 472 of the High15 er Education Act of 1965. 

16 (6) the term ‘‘Non-public school’’ means a non17 public elementary and secondary school that (A) is 

18 accredited, licensed, or otherwise operates in accord19 ance with State law; and (B) was in existence prior 

20 to the date of the qualifying emergency for which 

21 grants are awarded under this section; 

22 (7) the term ‘‘public school’’ means a public ele23 mentary or secondary school; and 

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1 cation Act of 1965 (20 U.S.C. 7801) shall have the 

2 meaning given the term in such section. 

3 GENERAL PROVISION—THIS TITLE 

4 SEC. 108. Not later than 30 days after the date of 

5 enactment of this Act, the Secretaries of Health and 

6 Human Services and Education shall provide a detailed 

7 spend plan of anticipated uses of funds made available in 

8 this title, including estimated personnel and administra9 tive costs, to the Committees on Appropriations of the 

10 House of Representatives and the Senate: Provided, That 

11 such plans shall be updated and submitted to such Com12 mittees every 60 days until September 30, 2024: Provided 

13 further, That the spend plans shall be accompanied by a 

14 listing of each contract obligation incurred that exceeds 

15 $5,000,000 which has not previously been reported, in16 cluding the amount of each such obligation. 

17 TITLE II 

18 DEPARTMENT OF AGRICULTURE 

19 AGRICULTURAL PROGRAMS 

20 OFFICE OF THE SECRETARY

21 For an additional amount for the ‘‘Office of the Sec22 retary’’, $20,000,000,000, to remain available until ex23 pended, to prevent, prepare for, and respond to 

24 coronavirus by providing support for agricultural pro25 ducers, growers, and processors impacted by coronavirus, 


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1 including producers, growers, and processors of specialty 

2 crops, non-specialty crops, dairy, livestock and poultry, in3 cluding livestock and poultry depopulated due to insuffi4 cient processing access and growers who produce livestock 

5 or poultry under a contract for another entity: Provided, 

6 That such amount is designated by the Congress as being 

7 for an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 TITLE III 

11 DEPARTMENT OF COMMERCE 

12 FISHERIES DISASTER ASSISTANCE

13 For an additional amount for ‘‘Fisheries Disaster As14 sistance’’, $500,000,000, to remain available until Sep15 tember 30, 2021, to prevent, prepare for, and respond to 

16 coronavirus, domestically or internationally, which shall be 

17 for activities authorized under section 12005 of the 

18 Coronavirus Aid, Relief, and Economic Security Act (Pub19 lic Law 116–136): Provided, That the formula prescribed 

20 by the Secretary of Commerce to allocate the amount pro21 vided under this heading in this Act shall be divided pro22 portionally to States, Tribes, and territories and shall be 

23 the same as the formula used for funds appropriated 

24 under section 12005 of Public Law 116–136, but shall be 

25 calculated to also evenly weight the 5-year total annual 


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1 average domestic landings for each State, Tribe, and terri2 tory: Provided further, That the amount provided under 

3 this heading in this Act shall only be allocated to States 

4 of the United States in, or bordering on, the Atlantic, Pa5 cific, or Arctic Ocean, or the Gulf of Mexico, as well as 

6 to Puerto Rico, the Virgin Islands, Guam, the Common7 wealth of the Northern Mariana Islands, American 

8 Samoa, Federally Recognized Tribes on the West Coast, 

9 and Federally Recognized Tribes in Alaska: Provided fur10 ther, That no State, Tribe, or territory shall receive a total 

11 amount in a fiscal year that is from amounts provided 

12 under either section 12005 of Public Law 116–136 or 

13 amounts provided under this heading in this Act that ex14 ceeds that State, Tribe, or territory’s total annual average 

15 revenue from commercial fishing operations, aquaculture 

16 firms, the seafood supply chain, and charter fishing busi17 nesses: Provided further, 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 TITLE IV 

22 GENERAL PROVISIONS—THIS ACT 

23 SEC. 401. Each amount appropriated or made avail24 able by this Act is in addition to amounts otherwise appro25 priated for the fiscal year involved. 


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1 SEC. 402. No part of any appropriation contained in 

2 this Act shall remain available for obligation beyond the 

3 current fiscal year unless expressly so provided herein. 

4 SEC. 403. Unless otherwise provided for by this Act, 

5 the additional amounts appropriated by this Act to appro6 priations accounts shall be available under the authorities 

7 and conditions applicable to such appropriations accounts 

8 for fiscal year 2020. 

9 SEC. 404. In this Act, the term ‘‘coronavirus’’ means 

10 SARS–CoV–2 or another coronavirus with pandemic po11 tential. 

12 SEC. 405. Each amount designated in this Act by the 

13 Congress as being for an emergency requirement pursuant 

14 to section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985 shall be available 

16 (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. 406. Any amount appropriated by this Act, des20 ignated 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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1 BUDGETARY EFFECTS

2 SEC. 407. (a) STATUTORY PAYGO SCORECARDS.— 

3 The budgetary effects of this division shall not be entered 

4 on either PAYGO scorecard maintained pursuant to sec5 tion 4(d) of the Statutory Pay As-You-Go Act of 2010. 

6 (b) SENATE PAYGO SCORECARDS.—The budgetary 

7 effects of this division shall not be entered on any PAYGO 

8 scorecard maintained for purposes of section 4106 of H. 

9 Con. Res. 71 (115th Congress). 

10 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 

11 Notwithstanding Rule 3 of the Budget Scorekeeping 

12 Guidelines set forth in the joint explanatory statement of 

13 the committee of conference accompanying Conference Re14 port 105–217 and section 250(c)(7) and (c)(8) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985, 

16 the budgetary effects of this division shall be estimated 

17 for purposes of section 251 of such Act. 

18 (d) ENSURING NO WITHIN-SESSION SEQUESTRA19 TION.—Solely for the purpose of calculating a breach with20 in a category for fiscal year 2020 pursuant to section 

21 251(a)(6) or section 254(g) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985, and notwith23 standing any other provision of this division, the budg24 etary effects from this division shall be counted as 


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1 amounts designated as being for an emergency require2 ment pursuant to section 251(b)(2)(A) of such Act. 

3 This division may be cited as the ‘‘Coronavirus Re4 sponse Additional Supplemental Appropriations Act, 

5 2020’’. 


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Calendar No. 564 

116TH CONGRESS 

2D SESSION S. 4775 

A BILL 

To provide continued emergency assistance, edu2020 coronavirus pandemic. dividuals, families, and businesses affected by the cational support, and health care response for inOCTOBER 1, 2020 

Read the second time and placed on the calendar 


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