H. R. 748 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty 

An Act 

To amend the Internal Revenue Code of 1986 to repeal the excise tax on high 

cost employer-sponsored health coverage. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Coronavirus Aid, Relief, and 

Economic Security Act’’ or the ‘‘CARES Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A—KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE 

SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION 

TITLE I—KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT 

Sec. 1101. Definitions. 

Sec. 1102. Paycheck protection program. 

Sec. 1103. Entrepreneurial development. 

Sec. 1104. State trade expansion program. 

Sec. 1105. Waiver of matching funds requirement under the women’s business center program. 

Sec. 1106. Loan forgiveness. 

Sec. 1107. Direct appropriations. 

Sec. 1108. Minority business development agency. 

Sec. 1109. United States Treasury Program Management Authority. 

Sec. 1110. Emergency EIDL grants. 

Sec. 1111. Resources and services in languages other than English. 

Sec. 1112. Subsidy for certain loan payments. 

Sec. 1113. Bankruptcy. 

Sec. 1114. Emergency rulemaking authority. 

TITLE II—ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND 

BUSINESSES 

Subtitle A—Unemployment Insurance Provisions 

Sec. 2101. Short title. 

Sec. 2102. Pandemic Unemployment Assistance. 

Sec. 2103. Emergency unemployment relief for governmental entities and nonprofit 

organizations. 

Sec. 2104. Emergency increase in unemployment compensation benefits. 

Sec. 2105. Temporary full Federal funding of the first week of compensable regular 

unemployment for States with no waiting week. 

Sec. 2106. Emergency State staffing flexibility. 

Sec. 2107. Pandemic emergency unemployment compensation. 

Sec. 2108. Temporary financing of short-time compensation payments in States 

with programs in law. 

Sec. 2109. Temporary financing of short-time compensation agreements. 
H. R. 748—2 

Sec. 2110. Grants for short-time compensation programs. 

Sec. 2111. Assistance and guidance in implementing programs. 

Sec. 2112. Waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. 

Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance Act. 

Sec. 2114. Extended unemployment benefits under the Railroad Unemployment Insurance Act. 

Sec. 2115. Funding for the DOL Office of Inspector General for oversight of unemployment provisions. 

Sec. 2116. Implementation. 

Subtitle B—Rebates and Other Individual Provisions 

Sec. 2201. 2020 recovery rebates for individuals. 

Sec. 2202. Special rules for use of retirement funds. 

Sec. 2203. Temporary waiver of required minimum distribution rules for certain retirement plans and accounts. 

Sec. 2204. Allowance of partial above the line deduction for charitable contributions. 

Sec. 2205. Modification of limitations on charitable contributions during 2020. 

Sec. 2206. Exclusion for certain employer payments of student loans. 

Subtitle C—Business Provisions 

Sec. 2301. Employee retention credit for employers subject to closure due to 

COVID–19. 

Sec. 2302. Delay of payment of employer payroll taxes. 

Sec. 2303. Modifications for net operating losses. 

Sec. 2304. Modification of limitation on losses for taxpayers other than corporations. 

Sec. 2305. Modification of credit for prior year minimum tax liability of corporations. 

Sec. 2306. Modifications of limitation on business interest. 

Sec. 2307. Technical amendments regarding qualified improvement property. 

Sec. 2308. Temporary exception from excise tax for alcohol used to produce hand 

sanitizer. 

TITLE III—SUPPORTING AMERICA’S HEALTH CARE SYSTEM IN THE FIGHT 

AGAINST THE CORONAVIRUS 

Subtitle A—Health Provisions 

Sec. 3001. Short title. 

PART I—ADDRESSING SUPPLY SHORTAGES

SUBPART A—MEDICAL PRODUCT SUPPLIES

Sec. 3101. National Academies report on America’s medical product supply chain 

security. 

Sec. 3102. Requiring the strategic national stockpile to include certain types of 

medical supplies. 

Sec. 3103. Treatment of respiratory protective devices as covered countermeasures. 

SUBPART B—MITIGATING EMERGENCY DRUG SHORTAGES

Sec. 3111. Prioritize reviews of drug applications; incentives. 

Sec. 3112. Additional manufacturer reporting requirements in response to drug 

shortages. 

SUBPART C—PREVENTING MEDICAL DEVICE SHORTAGES

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

PART II—ACCESS TO HEALTH CARE FOR COVID–19 PATIENTS

SUBPART A—COVERAGE OF TESTING AND PREVENTIVE SERVICES

Sec. 3201. Coverage of diagnostic testing for COVID–19. 

Sec. 3202. Pricing of diagnostic testing. 

Sec. 3203. Rapid coverage of preventive services and vaccines for coronavirus. 

SUBPART B—SUPPORT FOR HEALTH CARE PROVIDERS

Sec. 3211. Supplemental awards for health centers. 

Sec. 3212. Telehealth network and telehealth resource centers grant programs. 

Sec. 3213. Rural health care services outreach, rural health network development, 

and small health care provider quality improvement grant programs. 
H. R. 748—3 

Sec. 3214. United States Public Health Service Modernization. 

Sec. 3215. Limitation on liability for volunteer health care professionals during 

COVID–19 emergency response. 

Sec. 3216. Flexibility for members of National Health Service Corps during emergency period. 

SUBPART C—MISCELLANEOUS PROVISIONS

Sec. 3221. Confidentiality and disclosure of records relating to substance use disorder. 

Sec. 3222. Nutrition services. 

Sec. 3223. Continuity of service and opportunities for participants in community 

service activities under title V of the Older Americans Act of 1965. 

Sec. 3224. Guidance on protected health information. 

Sec. 3225. Reauthorization of healthy start program. 

Sec. 3226. Importance of the blood supply. 

PART III—INNOVATION

Sec. 3301. Removing the cap on OTA during public health emergencies. 

Sec. 3302. Priority zoonotic animal drugs. 

PART IV—HEALTH CARE WORKFORCE

Sec. 3401. Reauthorization of health professions workforce programs. 

Sec. 3402. Health workforce coordination. 

Sec. 3403. Education and training relating to geriatrics. 

Sec. 3404. Nursing workforce development. 

Subtitle B—Education Provisions 

Sec. 3501. Short title. 

Sec. 3502. Definitions. 

Sec. 3503. Campus-based aid waivers. 

Sec. 3504. Use of supplemental educational opportunity grants for emergency aid. 

Sec. 3505. Federal work-study during a qualifying emergency. 

Sec. 3506. Adjustment of subsidized loan usage limits. 

Sec. 3507. Exclusion from Federal Pell Grant duration limit. 

Sec. 3508. Institutional refunds and Federal student loan flexibility. 

Sec. 3509. Satisfactory academic progress. 

Sec. 3510. Continuing education at affected foreign institutions. 

Sec. 3511. National emergency educational waivers. 

Sec. 3512. HBCU Capital financing. 

Sec. 3513. Temporary relief for federal student loan borrowers. 

Sec. 3514. Provisions related to the Corporation for National and Community Service. 

Sec. 3515. Workforce response activities. 

Sec. 3516. Technical amendments. 

Sec. 3517. Waiver authority and reporting requirement for institutional aid. 

Sec. 3518. Authorized uses and other modifications for grants. 

Sec. 3519. Service obligations for teachers. 

Subtitle C—Labor Provisions 

Sec. 3601. Limitation on paid leave. 

Sec. 3602. Emergency Paid Sick Leave Act Limitation. 

Sec. 3603. Unemployment insurance. 

Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave. 

Sec. 3605. Paid leave for rehired employees. 

Sec. 3606. Advance refunding of credits. 

Sec. 3607. Expansion of DOL Authority to postpone certain deadlines. 

Sec. 3608. Single-employer plan funding rules. 

Sec. 3609. Application of cooperative and small employer charity pension plan rules 

to certain charitable employers whose primary exempt purpose is providing services with respect to mothers and children. 

Sec. 3610. Federal contractor authority. 

Sec. 3611. Technical corrections. 

Subtitle D—Finance Committee 

Sec. 3701. Exemption for telehealth services. 

Sec. 3702. Inclusion of certain over-the-counter medical products as qualified medical expenses. 

Sec. 3703. Increasing Medicare telehealth flexibilities during emergency period. 

Sec. 3704. Enhancing Medicare telehealth services for Federally qualified health 

centers and rural health clinics during emergency period. 
H. R. 748—4 

Sec. 3705. Temporary waiver of requirement for face-to-face visits between home 

dialysis patients and physicians. 

Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to recertification 

of eligibility for hospice care during emergency period. 

Sec. 3707. Encouraging use of telecommunications systems for home health services furnished during emergency period. 

Sec. 3708. Improving care planning for Medicare home health services. 

Sec. 3709. Adjustment of sequestration. 

Sec. 3710. Medicare hospital inpatient prospective payment system add-on payment for COVID–19 patients during emergency period. 

Sec. 3711. Increasing access to post-acute care during emergency period. 

Sec. 3712. Revising payment rates for durable medical equipment under the Medicare program through duration of emergency period. 

Sec. 3713. Coverage of the COVID–19 vaccine under part B of the Medicare program without any cost-sharing. 

Sec. 3714. Requiring Medicare prescription drug plans and MA–PD plans to allow 

during the COVID–19 emergency period for fills and refills of covered 

part D drugs for up to a 3-month supply. 

Sec. 3715. Providing home and community-based services in acute care hospitals. 

Sec. 3716. Clarification regarding uninsured individuals. 

Sec. 3717. Clarification regarding coverage of COVID–19 testing products. 

Sec. 3718. Amendments relating to reporting requirements with respect to clinical 

diagnostic laboratory tests. 

Sec. 3719. Expansion of the Medicare hospital accelerated payment program during 

the COVID–19 public health emergency. 

Sec. 3720. Delaying requirements for enhanced FMAP to enable State legislation 

necessary for compliance. 

Subtitle E—Health and Human Services Extenders 

PART I—MEDICARE PROVISIONS

Sec. 3801. Extension of the work geographic index floor under the Medicare program. 

Sec. 3802. Extension of funding for quality measure endorsement, input, and selection. 

Sec. 3803. Extension of funding outreach and assistance for low-income programs. 

PART II—MEDICAID PROVISIONS

Sec. 3811. Extension of the Money Follows the Person rebalancing demonstration 

program. 

Sec. 3812. Extension of spousal impoverishment protections. 

Sec. 3813. Delay of DSH reductions. 

Sec. 3814. Extension and expansion of Community Mental Health Services demonstration program. 

PART III—HUMAN SERVICES AND OTHER HEALTH PROGRAMS

Sec. 3821. Extension of sexual risk avoidance education program. 

Sec. 3822. Extension of personal responsibility education program. 

Sec. 3823. Extension of demonstration projects to address health professions workforce needs. 

Sec. 3824. Extension of the temporary assistance for needy families program and 

related programs. 

PART IV—PUBLIC HEALTH PROVISIONS

Sec. 3831. Extension for community health centers, the National Health Service 

Corps, and teaching health centers that operate GME programs. 

Sec. 3832. Diabetes programs. 

PART V—MISCELLANEOUS PROVISIONS

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

Subtitle F—Over-the-Counter Drugs 

PART I—OTC DRUG REVIEW

Sec. 3851. Regulation of certain nonprescription drugs that are marketed without 

an approved drug application. 

Sec. 3852. Misbranding. 

Sec. 3853. Drugs excluded from the over-the-counter drug review. 

Sec. 3854. Treatment of Sunscreen Innovation Act. 

Sec. 3855. Annual update to Congress on appropriate pediatric indication for certain OTC cough and cold drugs. 
H. R. 748—5 

Sec. 3856. Technical corrections. 

PART II—USER FEES

Sec. 3861. Finding. 

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

TITLE IV—ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY 

DISTRESSED SECTORS OF THE UNITED STATES ECONOMY 

Subtitle A—Coronavirus Economic Stabilization Act of 2020 

Sec. 4001. Short title. 

Sec. 4002. Definitions. 

Sec. 4003. Emergency relief and taxpayer protections. 

Sec. 4004. Limitation on certain employee compensation. 

Sec. 4005. Continuation of certain air service. 

Sec. 4006. Coordination with Secretary of Transportation. 

Sec. 4007. Suspension of certain aviation excise taxes. 

Sec. 4008. Debt guarantee authority. 

Sec. 4009. Temporary Government in the Sunshine Act relief. 

Sec. 4010. Temporary hiring flexibility. 

Sec. 4011. Temporary lending limit waiver. 

Sec. 4012. Temporary relief for community banks. 

Sec. 4013. Temporary relief from troubled debt restructurings. 

Sec. 4014. Optional temporary relief from current expected credit losses. 

Sec. 4015. Non-applicability of restrictions on ESF during national emergency. 

Sec. 4016. Temporary credit union provisions. 

Sec. 4017. Increasing access to materials necessary for national security and pandemic recovery. 

Sec. 4018. Special Inspector General for Pandemic Recovery. 

Sec. 4019. Conflicts of interest. 

Sec. 4020. Congressional Oversight Commission. 

Sec. 4021. Credit protection during COVID–19. 

Sec. 4022. Foreclosure moratorium and consumer right to request forbearance. 

Sec. 4023. Forbearance of residential mortgage loan payments for multifamily properties with federally backed loans. 

Sec. 4024. Temporary moratorium on eviction filings. 

Sec. 4025. Protection of collective bargaining agreement. 

Sec. 4026. Reports. 

Sec. 4027. Direct appropriation. 

Sec. 4028. Rule of construction. 

Sec. 4029. Termination of authority. 

Subtitle B—Air Carrier Worker Support 

Sec. 4111. Definitions. 

Sec. 4112. Pandemic relief for aviation workers. 

Sec. 4113. Procedures for providing payroll support. 

Sec. 4114. Required assurances. 

Sec. 4115. Protection of collective bargaining agreement. 

Sec. 4116. Limitation on certain employee compensation. 

Sec. 4117. Tax payer protection. 

Sec. 4118. Reports. 

Sec. 4119. Coordination. 

Sec. 4120. Direct appropriation. 

TITLE V—CORONAVIRUS RELIEF FUNDS 

Sec. 5001. Coronavirus Relief Fund. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 6001. COVID–19 borrowing authority for the United States Postal Service. 

Sec. 6002. Emergency designation. 

DIVISION B—EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH 

RESPONSE AND AGENCY OPERATIONS 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 
H. R. 748—6 

DIVISION A—KEEPING WORKERS PAID 

AND EMPLOYED, HEALTH CARE SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION 

TITLE I—KEEPING AMERICAN 

WORKERS PAID AND EMPLOYED ACT 

SEC. 1101. DEFINITIONS. 

In this title— 

(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 

the Small Business Administration and the Administrator 

thereof, respectively; and 

(2) the term ‘‘small business concern’’ has the meaning 

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

U.S.C. 636). 

SEC. 1102. PAYCHECK PROTECTION PROGRAM. 

(a) IN GENERAL.—Section 7(a) of the Small Business Act (15 

U.S.C. 636(a)) is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A), in the matter preceding clause 

(i), by striking ‘‘and (E)’’ and inserting ‘‘(E), and (F)’’; and 

(B) by adding at the end the following: 

‘‘(F) PARTICIPATION IN THE PAYCHECK PROTECTION PRO- GRAM.—In an agreement to participate in a loan on a 

deferred basis under paragraph (36), the participation by 

the Administration shall be 100 percent.’’; and 

(2) by adding at the end the following: 

‘‘(36) PAYCHECK PROTECTION PROGRAM.— ‘‘(A) DEFINITIONS.—In this paragraph— 

‘‘(i) the terms ‘appropriate Federal banking agency’ 

and ‘insured depository institution’ have the meanings 

given those terms in section 3 of the Federal Deposit 

Insurance Act (12 U.S.C. 1813); 

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

under this paragraph during the covered period; 

‘‘(iii) the term ‘covered period’ means the period 

beginning on February 15, 2020 and ending on June 

30, 2020; 

‘‘(iv) the term ‘eligible recipient’ means an individual or entity that is eligible to receive a covered 

loan; 

‘‘(v) the term ‘eligible self-employed individual’ has 

the meaning given the term in section 7002(b) of the 

Families First Coronavirus Response Act (Public Law 

116–127); 

‘‘(vi) the term ‘insured credit union’ has the 

meaning given the term in section 101 of the Federal 

Credit Union Act (12 U.S.C. 1752); 

‘‘(vii) the term ‘nonprofit organization’ means an 

organization that is described in section 501(c)(3) of 

the Internal Revenue Code of 1986 and that is exempt 

from taxation under section 501(a) of such Code; 
H. R. 748—7 

‘‘(viii) the term ‘payroll costs’— 

‘‘(I) means— 

‘‘(aa) the sum of payments of any compensation with respect to employees that is 

a— 

‘‘(AA) salary, wage, commission, or 

similar compensation; 

‘‘(BB) payment of cash tip or equivalent; 

‘‘(CC) payment for vacation, parental, 

family, medical, or sick leave; 

‘‘(DD) allowance for dismissal or separation; 

‘‘(EE) payment required for the provisions of group health care benefits, 

including insurance premiums; 

‘‘(FF) payment of any retirement benefit; or 

‘‘(GG) payment of State or local tax 

assessed on the compensation of 

employees; and 

‘‘(bb) the sum of payments of any compensation to or income of a sole proprietor 

or independent contractor that is a wage, 

commission, income, net earnings from selfemployment, or similar compensation and that 

is in an amount that is not more than $100,000 

in 1 year, as prorated for the covered period; 

and 

‘‘(II) shall not include— 

‘‘(aa) the compensation of an individual 

employee in excess of an annual salary of 

$100,000, as prorated for the covered period; 

‘‘(bb) taxes imposed or withheld under 

chapters 21, 22, or 24 of the Internal Revenue 

Code of 1986 during the covered period; 

‘‘(cc) any compensation of an employee 

whose principal place of residence is outside 

of the United States; 

‘‘(dd) qualified sick leave wages for which 

a credit is allowed under section 7001 of the 

Families First Coronavirus Response Act 

(Public Law 116–127); or 

‘‘(ee) qualified family leave wages for 

which a credit is allowed under section 7003 

of the Families First Coronavirus Response 

Act (Public Law 116–127); and 

‘‘(ix) the term ‘veterans organization’ means an 

organization that is described in section 501(c)(19) of 

the Internal Revenue Code that is exempt from taxation under section 501(a) of such Code. 

‘‘(B) PAYCHECK PROTECTION LOANS.—Except as otherwise provided in this paragraph, the Administrator may 

guarantee covered loans under the same terms, conditions, 

and processes as a loan made under this subsection. 
H. R. 748—8 

‘‘(C) REGISTRATION OF LOANS.—Not later than 15 days 

after the date on which a loan is made under this paragraph, the Administration shall register the loan using 

the TIN (as defined in section 7701 of the Internal Revenue 

Code of 1986) assigned to the borrower. 

‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN SMALL

BUSINESSES AND ORGANIZATIONS.— 

‘‘(i) IN GENERAL.—During the covered period, in 

addition to small business concerns, any business concern, nonprofit organization, veterans organization, or 

Tribal business concern described in section 31(b)(2)(C) 

shall be eligible to receive a covered loan if the business 

concern, nonprofit organization, veterans organization, 

or Tribal business concern employs not more than the 

greater of— 

‘‘(I) 500 employees; or 

‘‘(II) if applicable, the size standard in number 

of employees established by the Administration 

for the industry in which the business concern, 

nonprofit organization, veterans organization, or 

Tribal business concern operates. 

‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDEPENDENT CONTRACTORS, AND ELIGIBLE SELF-EMPLOYED

INDIVIDUALS.— 

‘‘(I) IN GENERAL.—During the covered period, 

individuals who operate under a sole proprietorship or as an independent contractor and eligible 

self-employed individuals shall be eligible to 

receive a covered loan. 

‘‘(II) DOCUMENTATION.—An eligible selfemployed individual, independent contractor, or 

sole proprietorship seeking a covered loan shall 

submit such documentation as is necessary to 

establish such individual as eligible, including payroll tax filings reported to the Internal Revenue 

Service, Forms 1099–MISC, and income and 

expenses from the sole proprietorship, as determined by the Administrator and the Secretary. 

‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 PHYSICAL LOCATION.—During the covered period, any business concern that employs not more than 500 

employees per physical location of the business concern 

and that is assigned a North American Industry Classification System code beginning with 72 at the time 

of disbursal shall be eligible to receive a covered loan. 

‘‘(iv) WAIVER OF AFFILIATION RULES.—During the 

covered period, the provisions applicable to affiliations 

under section 121.103 of title 13, Code of Federal Regulations, or any successor regulation, are waived with 

respect to eligibility for a covered loan for— 

‘‘(I) any business concern with not more than 

500 employees that, as of the date on which the 

covered loan is disbursed, is assigned a North 

American Industry Classification System code 

beginning with 72; 
H. R. 748—9 

‘‘(II) any business concern operating as a franchise that is assigned a franchise identifier code 

by the Administration; and 

‘‘(III) any business concern that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act 

of 1958 (15 U.S.C. 681). 

‘‘(v) EMPLOYEE.—For purposes of determining 

whether a business concern, nonprofit organization, 

veterans organization, or Tribal business concern 

described in section 31(b)(2)(C) employs not more than 

500 employees under clause (i)(I), the term ‘employee’ 

includes individuals employed on a full-time, part-time, 

or other basis. 

‘‘(vi) AFFILIATION.—The provisions applicable to 

affiliations under section 121.103 of title 13, Code of 

Federal Regulations, or any successor thereto, shall 

apply with respect to a nonprofit organization and 

a veterans organization in the same manner as with 

respect to a small business concern. 

‘‘(E) MAXIMUM LOAN AMOUNT.—During the covered 

period, with respect to a covered loan, the maximum loan 

amount shall be the lesser of— 

‘‘(i)(I) the sum of— 

‘‘(aa) the product obtained by multiplying— 

‘‘(AA) the average total monthly payments 

by the applicant for payroll costs incurred 

during the 1-year period before the date on 

which the loan is made, except that, in the 

case of an applicant that is seasonal employer, 

as determined by the Administrator, the average total monthly payments for payroll shall 

be for the 12-week period beginning February 

15, 2019, or at the election of the eligible 

recipient, March 1, 2019, and ending June 

30, 2019; by 

‘‘(BB) 2.5; and 

‘‘(bb) the outstanding amount of a loan under 

subsection (b)(2) that was made during the period 

beginning on January 31, 2020 and ending on 

the date on which covered loans are made available 

to be refinanced under the covered loan; or 

‘‘(II) if requested by an otherwise eligible recipient 

that was not in business during the period beginning 

on February 15, 2019 and ending on June 30, 2019, 

the sum of— 

‘‘(aa) the product obtained by multiplying— 

‘‘(AA) the average total monthly payments 

by the applicant for payroll costs incurred 

during the period beginning on January 1, 

2020 and ending on February 29, 2020; by 

‘‘(BB) 2.5; and 

‘‘(bb) the outstanding amount of a loan under 

subsection (b)(2) that was made during the period 

beginning on January 31, 2020 and ending on 

the date on which covered loans are made available 

to be refinanced under the covered loan; or 
H. R. 748—10 

‘‘(ii) $10,000,000. 

‘‘(F) ALLOWABLE USES OF COVERED LOANS.— 

‘‘(i) IN GENERAL.—During the covered period, an 

eligible recipient may, in addition to the allowable 

uses of a loan made under this subsection, use the 

proceeds of the covered loan for— 

‘‘(I) payroll costs; 

‘‘(II) costs related to the continuation of group 

health care benefits during periods of paid sick, 

medical, or family leave, and insurance premiums; 

‘‘(III) employee salaries, commissions, or 

similar compensations; 

‘‘(IV) payments of interest on any mortgage 

obligation (which shall not include any prepayment 

of or payment of principal on a mortgage obligation); 

‘‘(V) rent (including rent under a lease agreement); 

‘‘(VI) utilities; and 

‘‘(VII) interest on any other debt obligations 

that were incurred before the covered period. 

‘‘(ii) DELEGATED AUTHORITY.— 

‘‘(I) IN GENERAL.—For purposes of making covered loans for the purposes described in clause 

(i), a lender approved to make loans under this 

subsection shall be deemed to have been delegated 

authority by the Administrator to make and 

approve covered loans, subject to the provisions 

of this paragraph. 

‘‘(II) CONSIDERATIONS.—In evaluating the 

eligibility of a borrower for a covered loan with 

the terms described in this paragraph, a lender 

shall consider whether the borrower— 

‘‘(aa) was in operation on February 15, 

2020; and 

‘‘(bb)(AA) had employees for whom the 

borrower paid salaries and payroll taxes; or 

‘‘(BB) paid independent contractors, as 

reported on a Form 1099–MISC. 

‘‘(iii) ADDITIONAL LENDERS.—The authority to 

make loans under this paragraph shall be extended 

to additional lenders determined by the Administrator 

and the Secretary of the Treasury to have the necessary qualifications to process, close, disburse and 

service loans made with the guarantee of the Administration. 

‘‘(iv) REFINANCE.—A loan made under subsection 

(b)(2) during the period beginning on January 31, 2020 

and ending on the date on which covered loans are 

made available may be refinanced as part of a covered 

loan. 

‘‘(v) NONRECOURSE.—Notwithstanding the waiver 

of the personal guarantee requirement or collateral 

under subparagraph (J), the Administrator shall have 

no recourse against any individual shareholder, 

member, or partner of an eligible recipient of a covered 

loan for nonpayment of any covered loan, except to 
H. R. 748—11 

the extent that such shareholder, member, or partner 

uses the covered loan proceeds for a purpose not 

authorized under clause (i). 

‘‘(G) BORROWER REQUIREMENTS.— 

‘‘(i) CERTIFICATION.—An eligible recipient applying 

for a covered loan shall make a good faith certification— 

‘‘(I) that the uncertainty of current economic 

conditions makes necessary the loan request to 

support the ongoing operations of the eligible 

recipient; 

‘‘(II) acknowledging that funds will be used 

to retain workers and maintain payroll or make 

mortgage payments, lease payments, and utility 

payments; 

‘‘(III) that the eligible recipient does not have 

an application pending for a loan under this subsection for the same purpose and duplicative of 

amounts applied for or received under a covered 

loan; and 

‘‘(IV) during the period beginning on February 

15, 2020 and ending on December 31, 2020, that 

the eligible recipient has not received amounts 

under this subsection for the same purpose and 

duplicative of amounts applied for or received 

under a covered loan. 

‘‘(H) FEE WAIVER.—During the covered period, with 

respect to a covered loan— 

‘‘(i) in lieu of the fee otherwise applicable under 

paragraph (23)(A), the Administrator shall collect no 

fee; and 

‘‘(ii) in lieu of the fee otherwise applicable under 

paragraph (18)(A), the Administrator shall collect no 

fee. 

‘‘(I) CREDIT ELSEWHERE.—During the covered period, 

the requirement that a small business concern is unable 

to obtain credit elsewhere, as defined in section 3(h), shall 

not apply to a covered loan. 

‘‘(J) WAIVER OF PERSONAL GUARANTEE REQUIREMENT.— 

During the covered period, with respect to a covered loan— 

‘‘(i) no personal guarantee shall be required for 

the covered loan; and 

‘‘(ii) no collateral shall be required for the covered 

loan. 

‘‘(K) MATURITY FOR LOANS WITH REMAINING BALANCE

AFTER APPLICATION OF FORGIVENESS.—With respect to a 

covered loan that has a remaining balance after reduction 

based on the loan forgiveness amount under section 1106 

of the CARES Act— 

‘‘(i) the remaining balance shall continue to be 

guaranteed by the Administration under this subsection; and 

‘‘(ii) the covered loan shall have a maximum maturity of 10 years from the date on which the borrower 

applies for loan forgiveness under that section. 

‘‘(L) INTEREST RATE REQUIREMENTS.—A covered loan 

shall bear an interest rate not to exceed 4 percent. 
H. R. 748—12 

‘‘(M) LOAN DEFERMENT.— 

‘‘(i) DEFINITION OF IMPACTED BORROWER.— 

‘‘(I) IN GENERAL.—In this subparagraph, the 

term ‘impacted borrower’ means an eligible 

recipient that— 

‘‘(aa) is in operation on February 15, 2020; 

and 

‘‘(bb) has an application for a covered loan 

that is approved or pending approval on or 

after the date of enactment of this paragraph. 

‘‘(II) PRESUMPTION.—For purposes of this 

subparagraph, an impacted borrower is presumed 

to have been adversely impacted by COVID–19. 

‘‘(ii) DEFERRAL.—During the covered period, the 

Administrator shall— 

‘‘(I) consider each eligible recipient that applies 

for a covered loan to be an impacted borrower; 

and 

‘‘(II) require lenders under this subsection to 

provide complete payment deferment relief for 

impacted borrowers with covered loans for a period 

of not less than 6 months, including payment of 

principal, interest, and fees, and not more than 

1 year. 

‘‘(iii) SECONDARY MARKET.—During the covered 

period, with respect to a covered loan that is sold 

on the secondary market, if an investor declines to 

approve a deferral requested by a lender under clause 

(ii), the Administrator shall exercise the authority to 

purchase the loan so that the impacted borrower may 

receive a deferral for a period of not less than 6 months, 

including payment of principal, interest, and fees, and 

not more than 1 year. 

‘‘(iv) GUIDANCE.—Not later than 30 days after the 

date of enactment of this paragraph, the Administrator 

shall provide guidance to lenders under this paragraph 

on the deferment process described in this subparagraph. 

‘‘(N) SECONDARY MARKET SALES.—A covered loan shall 

be eligible to be sold in the secondary market consistent 

with this subsection. The Administrator may not collect 

any fee for any guarantee sold into the secondary market 

under this subparagraph. 

‘‘(O) REGULATORY CAPITAL REQUIREMENTS.— 

‘‘(i) RISK WEIGHT.—With respect to the appropriate 

Federal banking agencies or the National Credit Union 

Administration Board applying capital requirements 

under their respective risk-based capital requirements, 

a covered loan shall receive a risk weight of zero percent. 

‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLOSURES.— Notwithstanding any other provision of law, an insured 

depository institution or an insured credit union that 

modifies a covered loan in relation to COVID–19- 

related difficulties in a troubled debt restructuring on 

or after March 13, 2020, shall not be required to comply 

with the Financial Accounting Standards Board 
H. R. 748—13 

Accounting Standards Codification Subtopic 310–40 

(‘Receivables – Troubled Debt Restructurings by Creditors’) for purposes of compliance with the requirements 

of the Federal Deposit Insurance Act (12 U.S.C. 1811 

et seq.), until such time and under such circumstances 

as the appropriate Federal banking agency or the 

National Credit Union Administration Board, as 

applicable, determines appropriate. 

‘‘(P) REIMBURSEMENT FOR PROCESSING.— 

‘‘(i) IN GENERAL.—The Administrator shall 

reimburse a lender authorized to make a covered loan 

at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered 

loan, of— 

‘‘(I) 5 percent for loans of not more than 

$350,000; 

‘‘(II) 3 percent for loans of more than $350,000 

and less than $2,000,000; and 

‘‘(III) 1 percent for loans of not less than 

$2,000,000. 

‘‘(ii) FEE LIMITS.—An agent that assists an eligible 

recipient to prepare an application for a covered loan 

may not collect a fee in excess of the limits established 

by the Administrator. 

‘‘(iii) TIMING.—A reimbursement described in 

clause (i) shall be made not later than 5 days after 

the disbursement of the covered loan. 

‘‘(iv) SENSE OF THE SENATE.—It is the sense of 

the Senate that the Administrator should issue guidance to lenders and agents to ensure that the processing and disbursement of covered loans prioritizes 

small business concerns and entities in underserved 

and rural markets, including veterans and members 

of the military community, small business concerns 

owned and controlled by socially and economically disadvantaged individuals (as defined in section 

8(d)(3)(C)), women, and businesses in operation for 

less than 2 years. 

‘‘(Q) DUPLICATION.—Nothing in this paragraph shall 

prohibit a recipient of an economic injury disaster loan 

made under subsection (b)(2) during the period beginning 

on January 31, 2020 and ending on the date on which 

covered loans are made available that is for a purpose 

other than paying payroll costs and other obligations 

described in subparagraph (F) from receiving assistance 

under this paragraph. 

‘‘(R) WAIVER OF PREPAYMENT PENALTY.—Notwithstanding any other provision of law, there shall be no 

prepayment penalty for any payment made on a covered 

loan.’’. 

(b) COMMITMENTS FOR 7(A) LOANS.—During the period beginning on February 15, 2020 and ending on June 30, 2020— 

(1) the amount authorized for commitments for general 

business loans authorized under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), including loans made under paragraph (36) of such section, as added by subsection (a), shall 

be $349,000,000,000; and 
H. R. 748—14 

(2) the amount authorized for commitments for such loans 

under the heading ‘‘BUSINESS LOANS PROGRAM ACCOUNT’’ under 

the heading ‘‘SMALL BUSINESS ADMINISTRATION’’ under title 

V of the Consolidated Appropriations Act, 2020 (Public Law 

116–93; 133 Stat. 2475) shall not apply. 

(c) EXPRESS LOANS.— 

(1) IN GENERAL.—Section 7(a)(31)(D) of the Small Business 

Act (15 U.S.C. 636(a)(31)(D)) is amended by striking ‘‘$350,000’’ 

and inserting ‘‘$1,000,000’’. 

(2) PROSPECTIVE REPEAL.—Effective on January 1, 2021, 

section 7(a)(31)(D) of the Small Business Act (15 U.S.C. 

636(a)(31)(D)) is amended by striking ‘‘$1,000,000’’ and 

inserting ‘‘$350,000’’. 

(d) EXCEPTION TO GUARANTEE FEE WAIVER FOR VETERANS.— 

Section 7(a)(31)(G) of the Small Business Act (15 U.S.C. 

636(a)(31)(G)) is amended— 

(1) by striking clause (ii); and 

(2) by redesignating clause (iii) as clause (ii). 

(e) INTERIM RULE.—On and after the date of enactment of 

this Act, the interim final rule published by the Administrator 

entitled ‘‘Express Loan Programs: Affiliation Standards’’ (85 Fed. 

Reg. 7622 (February 10, 2020)) is permanently rescinded and shall 

have no force or effect. 

SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘covered small business concern’’ means a 

small business concern that has experienced, as a result of 

COVID–19— 

(A) supply chain disruptions, including changes in— 

(i) quantity and lead time, including the number 

of shipments of components and delays in shipments; 

(ii) quality, including shortages in supply for 

quality control reasons; and 

(iii) technology, including a compromised payment 

network; 

(B) staffing challenges; 

(C) a decrease in gross receipts or customers; or 

(D) a closure; 

(2) the term ‘‘resource partner’’ means— 

(A) a small business development center; and 

(B) a women’s business center; 

(3) the term ‘‘small business development center’’ has the 

meaning given the term in section 3 of the Small Business 

Act (15 U.S.C. 632); and 

(4) the term ‘‘women’s business center’’ means a women’s 

business center described in section 29 of the Small Business 

Act (15 U.S.C. 656). 

(b) EDUCATION, TRAINING, AND ADVISING GRANTS.— 

(1) IN GENERAL.—The Administration may provide financial 

assistance in the form of grants to resource partners to provide 

education, training, and advising to covered small business 

concerns. 

(2) USE OF FUNDS.—Grants under this subsection shall 

be used for the education, training, and advising of covered 

small business concerns and their employees on— 
H. R. 748—15 

(A) accessing and applying for resources provided by 

the Administration and other Federal resources relating 

to access to capital and business resiliency; 

(B) the hazards and prevention of the transmission 

and communication of COVID–19 and other communicable 

diseases; 

(C) the potential effects of COVID–19 on the supply 

chains, distribution, and sale of products of covered small 

business concerns and the mitigation of those effects; 

(D) the management and practice of telework to reduce 

possible transmission of COVID–19; 

(E) the management and practice of remote customer 

service by electronic or other means; 

(F) the risks of and mitigation of cyber threats in 

remote customer service or telework practices; 

(G) the mitigation of the effects of reduced travel or 

outside activities on covered small business concerns during 

COVID–19 or similar occurrences; and 

(H) any other relevant business practices necessary 

to mitigate the economic effects of COVID–19 or similar 

occurrences. 

(3) GRANT DETERMINATION.— 

(A) SMALL BUSINESS DEVELOPMENT CENTERS.—The 

Administration shall award 80 percent of funds authorized 

to carry out this subsection to small business development 

centers, which shall be awarded pursuant to a formula 

jointly developed, negotiated, and agreed upon, with full 

participation of both parties, between the association 

formed under section 21(a)(3)(A) of the Small Business 

Act (15 U.S.C. 648(a)(3)(A)) and the Administration. 

(B) WOMEN’S BUSINESS CENTERS.—The Administration 

shall award 20 percent of funds authorized to carry out 

this subsection to women’s business centers, which shall 

be awarded pursuant to a process established by the 

Administration in consultation with recipients of assistance. 

(C) NO MATCHING FUNDS REQUIRED.—Matching funds 

shall not be required for any grant under this subsection. 

(4) GOALS AND METRICS.— 

(A) IN GENERAL.—Goals and metrics for the funds made 

available under this subsection shall be jointly developed, 

negotiated, and agreed upon, with full participation of both 

parties, between the resource partners and the Administrator, which shall— 

(i) take into consideration the extent of the circumstances relating to the spread of COVID–19, or 

similar occurrences, that affect covered small business 

concerns located in the areas covered by the resource 

partner, particularly in rural areas or economically 

distressed areas; 

(ii) generally follow the use of funds outlined in 

paragraph (2), but shall not restrict the activities of 

resource partners in responding to unique situations; 

and 

(iii) encourage resource partners to develop and 

provide services to covered small business concerns. 
H. R. 748—16 

(B) PUBLIC AVAILABILITY.—The Administrator shall 

make publicly available the methodology by which the 

Administrator and resource partners jointly develop the 

metrics and goals described in subparagraph (A). 

(c) RESOURCE PARTNER ASSOCIATION GRANTS.— 

(1) IN GENERAL.—The Administrator may provide grants 

to an association or associations representing resource partners 

under which the association or associations shall establish a 

single centralized hub for COVID–19 information, which shall 

include— 

(A) 1 online platform that consolidates resources and 

information available across multiple Federal agencies for 

small business concerns related to COVID–19; and 

(B) a training program to educate resource partner 

counselors, members of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), and counselors at veterans business outreach centers described in section 32 

of the Small Business Act (15 U.S.C. 657b) on the resources 

and information described in subparagraph (A). 

(2) GOALS AND METRICS.—Goals and metrics for the funds 

made available under this subsection shall be jointly developed, 

negotiated, and agreed upon, with full participation of both 

parties, between the association or associations receiving a 

grant under this subsection and the Administrator. 

(d) REPORT.—Not later than 6 months after the date of enactment of this Act, and annually thereafter, the Administrator shall 

submit to the Committee on Small Business and Entrepreneurship 

of the Senate and the Committee on Small Business of the House 

of Representatives a report that describes— 

(1) with respect to the initial year covered by the report— 

(A) the programs and services developed and provided 

by the Administration and resource partners under subsection (b); 

(B) the initial efforts to provide those services under 

subsection (b); and 

(C) the online platform and training developed and 

provided by the Administration and the association or 

associations under subsection (c); and 

(2) with respect to the subsequent years covered by the 

report— 

(A) with respect to the grant program under subsection 

(b)— 

(i) the efforts of the Administrator and resource 

partners to develop services to assist covered small 

business concerns; 

(ii) the challenges faced by owners of covered small 

business concerns in accessing services provided by 

the Administration and resource partners; 

(iii) the number of unique covered small business 

concerns that were served by the Administration and 

resource partners; and 

(iv) other relevant outcome performance data with 

respect to covered small business concerns, including 

the number of employees affected, the effect on sales, 

the disruptions of supply chains, and the efforts made 
H. R. 748—17 

by the Administration and resource partners to mitigate these effects; and 

(B) with respect to the grant program under subsection 

(c)— 

(i) the efforts of the Administrator and the association or associations to develop and evolve an online 

resource for small business concerns; and 

(ii) the efforts of the Administrator and the association or associations to develop a training program for 

resource partner counselors, including the number of 

counselors trained. 

SEC. 1104. STATE TRADE EXPANSION PROGRAM. 

(a) IN GENERAL.—Notwithstanding paragraph (3)(C)(iii) of section 22(l) of the Small Business Act (15 U.S.C. 649(l)), for grants 

under the State Trade Expansion Program under such section 22(l) 

using amounts made available for fiscal year 2018 or fiscal year 

2019, the period of the grant shall continue through the end of 

fiscal year 2021. 

(b) REIMBURSEMENT.—The Administrator shall reimburse any 

recipient of assistance under section 22(l) of the Small Business 

Act (15 U.S.C. 649(l)) for financial losses relating to a foreign 

trade mission or a trade show exhibition that was cancelled solely 

due to a public health emergency declared due to COVID–19 if 

the reimbursement does not exceed a recipient’s grant funding. 

SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE 

WOMEN’S BUSINESS CENTER PROGRAM. 

During the 3-month period beginning on the date of enactment 

of this Act, the requirement relating to obtaining cash contributions 

from non-Federal sources under section 29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) is waived for any recipient of assistance under such section 29. 

SEC. 1106. LOAN FORGIVENESS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘covered loan’’ means a loan guaranteed under 

paragraph (36) of section 7(a) of the Small Business Act (15 

U.S.C. 636(a)), as added by section 1102; 

(2) the term ‘‘covered mortgage obligation’’ means any 

indebtedness or debt instrument incurred in the ordinary course 

of business that— 

(A) is a liability of the borrower; 

(B) is a mortgage on real or personal property; and 

(C) was incurred before February 15, 2020; 

(3) the term ‘‘covered period’’ means the 8-week period 

beginning on the date of the origination of a covered loan; 

(4) the term ‘‘covered rent obligation’’ means rent obligated 

under a leasing agreement in force before February 15, 2020; 

(5) the term ‘‘covered utility payment’’ means payment 

for a service for the distribution of electricity, gas, water, 

transportation, telephone, or internet access for which service 

began before February 15, 2020; 

(6) the term ‘‘eligible recipient’’ means the recipient of 

a covered loan; 

(7) the term ‘‘expected forgiveness amount’’ means the 

amount of principal that a lender reasonably expects a borrower 

to expend during the covered period on the sum of any— 
H. R. 748—18 

(A) payroll costs; 

(B) payments of interest on any covered mortgage 

obligation (which shall not include any prepayment of or 

payment of principal on a covered mortgage obligation); 

(C) payments on any covered rent obligation; and 

(D) covered utility payments; and 

(8) the term ‘‘payroll costs’’ has the meaning given that 

term in paragraph (36) of section 7(a) of the Small Business 

Act (15 U.S.C. 636(a)), as added by section 1102 of this Act. 

(b) FORGIVENESS.—An eligible recipient shall be eligible for 

forgiveness of indebtedness on a covered loan in an amount equal 

to the sum of the following costs incurred and payments made 

during the covered period: 

(1) Payroll costs. 

(2) Any payment of interest on any covered mortgage 

obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation). 

(3) Any payment on any covered rent obligation. 

(4) Any covered utility payment. 

(c) TREATMENT OF AMOUNTS FORGIVEN.— 

(1) IN GENERAL.—Amounts which have been forgiven under 

this section shall be considered canceled indebtedness by a 

lender authorized under section 7(a) of the Small Business 

Act (15 U.S.C. 636(a)). 

(2) PURCHASE OF GUARANTEES.—For purposes of the purchase of the guarantee for a covered loan by the Administrator, 

amounts which are forgiven under this section shall be treated 

in accordance with the procedures that are otherwise applicable 

to a loan guaranteed under section 7(a) of the Small Business 

Act (15 U.S.C. 636(a)). 

(3) REMITTANCE.—Not later than 90 days after the date 

on which the amount of forgiveness under this section is determined, the Administrator shall remit to the lender an amount 

equal to the amount of forgiveness, plus any interest accrued 

through the date of payment. 

(4) ADVANCE PURCHASE OF COVERED LOAN.— 

(A) REPORT.—A lender authorized under section 7(a) 

of the Small Business Act (15 U.S.C. 636(a)), or, at the 

discretion of the Administrator, a third party participant 

in the secondary market, may, report to the Administrator 

an expected forgiveness amount on a covered loan or on 

a pool of covered loans of up to 100 percent of the principal 

on the covered loan or pool of covered loans, respectively. 

(B) PURCHASE.—The Administrator shall purchase the 

expected forgiveness amount described in subparagraph 

(A) as if the amount were the principal amount of a loan 

guaranteed under section 7(a) of the Small Business Act 

636(a)). 

(C) TIMING.—Not later than 15 days after the date 

on which the Administrator receives a report under 

subparagraph (A), the Administrator shall purchase the 

expected forgiveness amount under subparagraph (B) with 

respect to each covered loan to which the report relates. 

(d) LIMITS ON AMOUNT OF FORGIVENESS.— 
H. R. 748—19 

(1) AMOUNT MAY NOT EXCEED PRINCIPAL.—The amount of 

loan forgiveness under this section shall not exceed the principal amount of the financing made available under the 

applicable covered loan. 

(2) REDUCTION BASED ON REDUCTION IN NUMBER OF

EMPLOYEES.— 

(A) IN GENERAL.—The amount of loan forgiveness 

under this section shall be reduced, but not increased, 

by multiplying the amount described in subsection (b) by 

the quotient obtained by dividing— 

(i) the average number of full-time equivalent 

employees per month employed by the eligible recipient 

during the covered period; by 

(ii)(I) at the election of the borrower— 

(aa) the average number of full-time equivalent employees per month employed by the eligible 

recipient during the period beginning on February 

15, 2019 and ending on June 30, 2019; or 

(bb) the average number of full-time equivalent employees per month employed by the eligible 

recipient during the period beginning on January 

1, 2020 and ending on February 29, 2020; or 

(II) in the case of an eligible recipient that is 

seasonal employer, as determined by the Administrator, the average number of full-time equivalent 

employees per month employed by the eligible recipient 

during the period beginning on February 15, 2019 and 

ending on June 30, 2019. 

(B) CALCULATION OF AVERAGE NUMBER OF

EMPLOYEES.—For purposes of subparagraph (A), the average number of full-time equivalent employees shall be 

determined by calculating the average number of full-time 

equivalent employees for each pay period falling within 

a month. 

(3) REDUCTION RELATING TO SALARY AND WAGES.— 

(A) IN GENERAL.—The amount of loan forgiveness 

under this section shall be reduced by the amount of any 

reduction in total salary or wages of any employee described 

in subparagraph (B) during the covered period that is in 

excess of 25 percent of the total salary or wages of the 

employee during the most recent full quarter during which 

the employee was employed before the covered period. 

(B) EMPLOYEES DESCRIBED.—An employee described in 

this subparagraph is any employee who did not receive, 

during any single pay period during 2019, wages or salary 

at an annualized rate of pay in an amount more than 

$100,000. 

(4) TIPPED WORKERS.—An eligible recipient with tipped 

employees described in section 3(m)(2)(A) of the Fair Labor 

Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive 

forgiveness for additional wages paid to those employees. 

(5) EXEMPTION FOR RE-HIRES.— (A) IN GENERAL.—In a circumstance described in 

subparagraph (B), the amount of loan forgiveness under 

this section shall be determined without regard to a reduction in the number of full-time equivalent employees of 

an eligible recipient or a reduction in the salary of 1 or 
H. R. 748—20 

more employees of the eligible recipient, as applicable, 

during the period beginning on February 15, 2020 and 

ending on the date that is 30 days after the date of enactment of this Act. 

(B) CIRCUMSTANCES.—A circumstance described in this 

subparagraph is a circumstance— 

(i) in which— 

(I) during the period beginning on February 

15, 2020 and ending on the date that is 30 days 

after the date of enactment of this Act, there is 

a reduction, as compared to February 15, 2020, 

in the number of full-time equivalent employees 

of an eligible recipient; and 

(II) not later than June 30, 2020, the eligible 

employer has eliminated the reduction in the 

number of full-time equivalent employees; 

(ii) in which— 

(I) during the period beginning on February 

15, 2020 and ending on the date that is 30 days 

after the date of enactment of this Act, there is 

a reduction, as compared to February 15, 2020, 

in the salary or wages of 1 or more employees 

of the eligible recipient; and 

(II) not later than June 30, 2020, the eligible 

employer has eliminated the reduction in the 

salary or wages of such employees; or 

(iii) in which the events described in clause (i) 

and (ii) occur. 

(6) EXEMPTIONS.—The Administrator and the Secretary of 

the Treasury may prescribe regulations granting de minimis 

exemptions from the requirements under this subsection. 

(e) APPLICATION.—An eligible recipient seeking loan forgiveness 

under this section shall submit to the lender that is servicing 

the covered loan an application, which shall include— 

(1) documentation verifying the number of full-time equivalent employees on payroll and pay rates for the periods 

described in subsection (d), including— 

(A) payroll tax filings reported to the Internal Revenue 

Service; and 

(B) State income, payroll, and unemployment insurance 

filings; 

(2) documentation, including cancelled checks, payment 

receipts, transcripts of accounts, or other documents verifying 

payments on covered mortgage obligations, payments on covered lease obligations, and covered utility payments; 

(3) a certification from a representative of the eligible 

recipient authorized to make such certifications that— 

(A) the documentation presented is true and correct; 

and 

(B) the amount for which forgiveness is requested was 

used to retain employees, make interest payments on a 

covered mortgage obligation, make payments on a covered 

rent obligation, or make covered utility payments; and 

(4) any other documentation the Administrator determines 

necessary. 

(f) PROHIBITION ON FORGIVENESS WITHOUT DOCUMENTATION.— 

No eligible recipient shall receive forgiveness under this section 
H. R. 748—21 

without submitting to the lender that is servicing the covered 

loan the documentation required under subsection (e). 

(g) DECISION.—Not later than 60 days after the date on which 

a lender receives an application for loan forgiveness under this 

section from an eligible recipient, the lender shall issue a decision 

on the an application. 

(h) HOLD HARMLESS.—If a lender has received the documentation required under this section from an eligible recipient attesting 

that the eligible recipient has accurately verified the payments 

for payroll costs, payments on covered mortgage obligations, payments on covered lease obligations, or covered utility payments 

during covered period— 

(1) an enforcement action may not be taken against the 

lender under section 47(e) of the Small Business Act (15 U.S.C. 

657t(e)) relating to loan forgiveness for the payments for payroll 

costs, payments on covered mortgage obligations, payments 

on covered lease obligations, or covered utility payments, as 

the case may be; and 

(2) the lender shall not be subject to any penalties by 

the Administrator relating to loan forgiveness for the payments 

for payroll costs, payments on covered mortgage obligations, 

payments on covered lease obligations, or covered utility payments, as the case may be. 

(i) TAXABILITY.—For purposes of the Internal Revenue Code 

of 1986, any amount which (but for this subsection) would be 

includible in gross income of the eligible recipient by reason of 

forgiveness described in subsection (b) shall be excluded from gross 

income. 

(j) RULE OF CONSTRUCTION.—The cancellation of indebtedness 

on a covered loan under this section shall not otherwise modify 

the terms and conditions of the covered loan. 

(k) REGULATIONS.—Not later than 30 days after the date of 

enactment of this Act, the Administrator shall issue guidance and 

regulations implementing this section. 

SEC. 1107. DIRECT APPROPRIATIONS. 

(a) IN GENERAL.—There is appropriated, out of amounts in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2020, to remain available until September 30, 2021, 

for additional amounts— 

(1) $349,000,000,000 under the heading ‘‘Small Business 

Administration—Business Loans Program Account, CARES 

Act’’ for the cost of guaranteed loans as authorized under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 

636(a)), as added by section 1102(a) of this Act; 

(2) $675,000,000 under the heading ‘‘Small Business 

Administration—Salaries and Expenses’’ for salaries and 

expenses of the Administration; 

(3) $25,000,000 under the heading ‘‘Small Business 

Administration—Office of Inspector General’’, to remain available until September 30, 2024, for necessary expenses of the 

Office of Inspector General of the Administration in carrying 

out the provisions of the Inspector General Act of 1978 (5 

U.S.C. App.); 

(4) $265,000,000 under the heading ‘‘Small Business 

Administration—Entrepreneurial Development Programs’’, of 

which— 
H. R. 748—22 

(A) $240,000,000 shall be for carrying out section 

1103(b) of this Act; and 

(B) $25,000,000 shall be for carrying out section 1103(c) 

of this Act; 

(5) $10,000,000 under the heading ‘‘Department of Commerce—Minority Business Development Agency’’ for minority 

business centers of the Minority Business Development Agency 

to provide technical assistance to small business concerns; 

(6) $10,000,000,000 under the heading ‘‘Small Business 

Administration—Emergency EIDL Grants’’ shall be for carrying 

out section 1110 of this Act; 

(7) $17,000,000,000 under the heading ‘‘Small Business 

Administration—Business Loans Program Account, CARES 

Act’’ shall be for carrying out section 1112 of this Act; and 

(8) $25,000,000 under the heading ‘‘Department of the 

Treasury—Departmental Offices—Salaries and Expenses’’ shall 

be for carrying out section 1109 of this Act. 

(b) SECONDARY MARKET.—During the period beginning on the 

date of enactment of this Act and ending on September 30, 2021, 

guarantees of trust certificates authorized by section 5(g) of the 

Small Business Act (15 U.S.C. 635(g)) shall not exceed a principal 

amount of $100,000,000,000. 

(c) REPORTS.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee 

on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a detailed expenditure plan 

for using the amounts appropriated to the Administration under 

subsection (a). 

SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘Agency’’ means the Minority Business 

Development Agency of the Department of Commerce; 

(2) the term ‘‘minority business center’’ means a Business 

Center of the Agency; 

(3) the term ‘‘minority business enterprise’’ means a forprofit business enterprise— 

(A) not less than 51 percent of which is owned by 

1 or more socially disadvantaged individuals, as determined 

by the Agency; and 

(B) the management and daily business operations of 

which are controlled by 1 or more socially disadvantaged 

individuals, as determined by the Agency; and 

(4) the term ‘‘minority chamber of commerce’’ means a 

chamber of commerce developed specifically to support minority 

business enterprises. 

(b) EDUCATION, TRAINING, AND ADVISING GRANTS.— (1) IN GENERAL.—The Agency may provide financial assistance in the form of grants to minority business centers and 

minority chambers of commerce to provide education, training, 

and advising to minority business enterprises. 

(2) USE OF FUNDS.—Grants under this section shall be 

used for the education, training, and advising of minority business enterprises and their employees on— 

(A) accessing and applying for resources provided by 

the Agency and other Federal resources relating to access 

to capital and business resiliency; 
H. R. 748—23 

(B) the hazards and prevention of the transmission 

and communication of COVID–19 and other communicable 

diseases; 

(C) the potential effects of COVID–19 on the supply 

chains, distribution, and sale of products of minority business enterprises and the mitigation of those effects; 

(D) the management and practice of telework to reduce 

possible transmission of COVID–19; 

(E) the management and practice of remote customer 

service by electronic or other means; 

(F) the risks of and mitigation of cyber threats in 

remote customer service or telework practices; 

(G) the mitigation of the effects of reduced travel or 

outside activities on minority business enterprises during 

COVID–19 or similar occurrences; and 

(H) any other relevant business practices necessary 

to mitigate the economic effects of COVID–19 or similar 

occurrences. 

(3) NO MATCHING FUNDS REQUIRED.—Matching funds shall 

not be required for any grant under this section. 

(4) GOALS AND METRICS.— 

(A) IN GENERAL.—Goals and metrics for the funds made 

available under this section shall be jointly developed, negotiated, and agreed upon, with full participation of both 

parties, between the minority business centers, minority 

chambers of commerce, and the Agency, which shall— 

(i) take into consideration the extent of the circumstances relating to the spread of COVID–19, or 

similar occurrences, that affect minority business 

enterprises located in the areas covered by minority 

business centers and minority chambers of commerce, 

particularly in rural areas or economically distressed 

areas; 

(ii) generally follow the use of funds outlined in 

paragraph (2), but shall not restrict the activities of 

minority business centers and minority chambers of 

commerce in responding to unique situations; and 

(iii) encourage minority business centers and 

minority chambers of commerce to develop and provide 

services to minority business enterprises. 

(B) PUBLIC AVAILABILITY.—The Agency shall make publicly available the methodology by which the Agency, 

minority business centers, and minority chambers of commerce jointly develop the metrics and goals described in 

subparagraph (A). 

(c) WAIVERS.— (1) IN GENERAL.—Notwithstanding any other provision of 

law or regulation, the Agency may, during the 3-month period 

that begins on the date of enactment of this Act, waive any 

matching requirement imposed on a minority business center 

or a specialty center of the Agency under a cooperative agreement between such a center and the Agency if the applicable 

center is unable to raise funds, or has suffered a loss of revenue, 

because of the effects of COVID–19. 

(2) REMAINING COMPLIANT.—Notwithstanding any provision 

of a cooperative agreement between the Agency and a minority 

business center, if, during the period beginning on the date 
H. R. 748—24 

of enactment of this Act and ending on September 30, 2021, 

such a center decides not to collect fees because of the economic 

consequences of COVID–19, the center shall be considered to 

be in compliance with that agreement if— 

(A) the center notifies the Agency with respect to that 

decision, which the center may provide through electronic 

mail; and 

(B) the Agency, not later than 15 days after the date 

on which the center provides notice to the Agency under 

subparagraph (A)— 

(i) confirms receipt of the notification under 

subparagraph (A); and 

(ii) accepts the decision of the center. 

(d) REPORT.—Not later than 6 months after the date of enactment of this Act, and annually thereafter, the Agency shall submit 

to the Committee on Small Business and Entrepreneurship and 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Small Business and the Committee 

on Energy and Commerce of the House of Representatives a report 

that describes— 

(1) with respect to the period covered by the initial report— 

(A) the programs and services developed and provided 

by the Agency, minority business centers, and minority 

chambers of commerce under subsection (b); and 

(B) the initial efforts to provide those services under 

subsection (b); and 

(2) with respect to subsequent years covered by the report— 

(A) with respect to the grant program under subsection 

(b)— 

(i) the efforts of the Agency, minority business 

centers, and minority chambers of commerce to develop 

services to assist minority business enterprises; 

(ii) the challenges faced by owners of minority 

business enterprises in accessing services provided by 

the Agency, minority business centers, and minority 

chambers of commerce; 

(iii) the number of unique minority business enterprises that were served by the Agency, minority business centers, or minority chambers of commerce; and 

(iv) other relevant outcome performance data with 

respect to minority business enterprises, including the 

number of employees affected, the effect on sales, the 

disruptions of supply chains, and the efforts made by 

the Agency, minority business centers, and minority 

chambers of commerce to mitigate these effects . 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $10,000,000 to carry out this section, to remain 

available until expended. 

SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGEMENT 

AUTHORITY. 

(a) DEFINITIONS.—In this section— 

(1) the terms ‘‘appropriate Federal banking agency’’ and 

‘‘insured depository institution’’ have the meanings given those 

terms in section 3 of the Federal Deposit Insurance Act (12 

U.S.C. 1813); 
H. R. 748—25 

(2) the term ‘‘insured credit union’’ has the meaning given 

the term in section 101 of the Federal Credit Union Act (12 

U.S.C. 1752); and 

(3) the term ‘‘Secretary’’ means the Secretary of the 

Treasury. 

(b) AUTHORITY TO INCLUDE ADDITIONAL FINANCIAL INSTITUTIONS.—The Department of the Treasury, in consultation with the 

Administrator, and the Chairman of the Farm Credit Administration shall establish criteria for insured depository institutions, 

insured credit unions, institutions of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), 

and other lenders that do not already participate in lending under 

programs of the Administration, to participate in the paycheck 

protection program to provide loans under this section until the 

date on which the national emergency declared by the President 

under the National Emergencies Act (50 U.S.C. 1601 et seq.) with 

respect to the Coronavirus Disease 2019 (COVID–19) expires. 

(c) SAFETY AND SOUNDNESS.—An insured depository institution, 

insured credit union, institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), 

or other lender may only participate in the program established 

under this section if participation does not affect the safety and 

soundness of the institution or lender, as determined by the Secretary in consultation with the appropriate Federal banking agencies or the National Credit Union Administration Board, as 

applicable. 

(d) REGULATIONS FOR LENDERS AND LOANS.— 

(1) IN GENERAL.—The Secretary may issue regulations and 

guidance as necessary to carry out the purposes of this section, 

including to— 

(A) allow additional lenders to originate loans under 

this section; and 

(B) establish terms and conditions for loans under this 

section, including terms and conditions concerning compensation, underwriting standards, interest rates, and 

maturity. 

(2) REQUIREMENTS.—The terms and conditions established 

under paragraph (1) shall provide for the following: 

(A) A rate of interest that does not exceed the maximum permissible rate of interest available on a loan of 

comparable maturity under paragraph (36) of section 7(a) 

of the Small Business Act (15 U.S.C. 636(a)), as added 

by section 1102 of this Act. 

(B) Terms and conditions that, to the maximum extent 

practicable, are consistent with the terms and conditions 

required under the following provisions of paragraph (36) 

of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), 

as added by section 1102 of this Act: 

(i) Subparagraph (D), pertaining to borrower eligibility. 

(ii) Subparagraph (E), pertaining to the maximum 

loan amount. 

(iii) Subparagraph (F)(i), pertaining to allowable 

uses of program loans. 

(iv) Subparagraph (H), pertaining to fee waivers. 

(v) Subparagraph (M), pertaining to loan 

deferment. 
H. R. 748—26 

(C) A guarantee percentage that, to the maximum 

extent practicable, is consistent with the guarantee percentage required under subparagraph (F) of section 7(a)(2) of 

the Small Business Act (15 U.S.C. 636(a)(2)), as added 

by section 1102 of this Act. 

(D) Loan forgiveness under terms and conditions that, 

to the maximum extent practicable, is consistent with the 

terms and conditions for loan forgiveness under section 

1106 of this Act. 

(e) ADDITIONAL REGULATIONS GENERALLY.—The Secretary may 

issue regulations and guidance as necessary to carry out the purposes of this section, including to allow additional lenders to originate loans under this title and to establish terms and conditions 

such as compensation, underwriting standards, interest rates, and 

maturity for under this section. 

(f) CERTIFICATION.—As a condition of receiving a loan under 

this section, a borrower shall certify under terms acceptable to 

the Secretary that the borrower— 

(1) does not have an application pending for a loan under 

section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for 

the same purpose; and 

(2) has not received such a loan during the period beginning 

on February 15, 2020 and ending on December 31, 2020. 

(g) OPT-IN FOR SBA QUALIFIED LENDERS.—Lenders qualified 

to participate as a lender under 7(a) of the Small Business Act 

(15 U.S.C. 636(a)) may elect to participate in the paycheck protection program under the criteria, terms, and conditions established 

under this section. Such participation shall not preclude the lenders 

from continuing participation as a lender under section 7(a) of 

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

(h) PROGRAM ADMINISTRATION.—With guidance from the Secretary, the Administrator shall administer the program established 

under this section, including the making and purchasing of guarantees on loans under the program, until the date on which the 

national emergency declared by the President under the National 

Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 

Coronavirus Disease 2019 (COVID–19) expires. 

(i) CRIMINAL PENALTIES.—A loan under this section shall be 

deemed to be a loan under the Small Business Act (15 U.S.C. 

631 et seq.) for purposes of section 16 of such Act (15 U.S.C. 

645). 

SEC. 1110. EMERGENCY EIDL GRANTS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘covered period’’ means the period beginning 

on January 31, 2020 and ending on December 31, 2020; and 

(2) the term ‘‘eligible entity’’ means— 

(A) a business with not more than 500 employees; 

(B) any individual who operates under a sole 

proprietorship, with or without employees, or as an independent contractor; 

(C) a cooperative with not more than 500 employees; 

(D) an ESOP (as defined in section 3 of the Small 

Business Act (15 U.S.C. 632)) with not more than 500 

employees; or 
H. R. 748—27 

(E) a tribal small business concern, as described in 

section 31(b)(2)(C) of the Small Business Act (15 U.S.C. 

657a(b)(2)(C)), with not more than 500 employees. 

(b) ELIGIBLE ENTITIES.—During the covered period, in addition 

to small business concerns, private nonprofit organizations, and 

small agricultural cooperatives, an eligible entity shall be eligible 

for a loan made under section 7(b)(2) of the Small Business Act 

(15 U.S.C. 636(b)(2)). 

(c) TERMS; CREDIT ELSEWHERE.—With respect to a loan made 

under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) 

in response to COVID–19 during the covered period, the Administrator shall waive— 

(1) any rules related the personal guarantee on advances 

and loans of not more than $200,000 during the covered period 

for all applicants; 

(2) the requirement that an applicant needs to be in business for the 1-year period before the disaster, except that no 

waiver may be made for a business that was not in operation 

on January 31, 2020; and 

(3) the requirement in the flush matter following subparagraph (E) of section 7(b)(2) of the Small Business Act (15 

U.S.C. 636(b)(2)), as so redesignated by subsection (f) of this 

section, that an applicant be unable to obtain credit elsewhere. 

(d) APPROVAL AND ABILITY TO REPAY FOR SMALL DOLLAR

LOANS.—With respect to a loan made under section 7(b)(2) of the 

Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID– 

19 during the covered period, the Administrator may— 

(1) approve an applicant based solely on the credit score 

of the applicant and shall not require an applicant to submit 

a tax return or a tax return transcript for such approval; 

or 

(2) use alternative appropriate methods to determine an 

applicant’s ability to repay. 

(e) EMERGENCY GRANT.— 

(1) IN GENERAL.—During the covered period, an entity 

included for eligibility in subsection (b), including small business concerns, private nonprofit organizations, and small agricultural cooperatives, that applies for a loan under section 

7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in 

response to COVID–19 may request that the Administrator 

provide an advance that is, subject to paragraph (3), in the 

amount requested by such applicant to such applicant within 

3 days after the Administrator receives an application from 

such applicant. 

(2) VERIFICATION.—Before disbursing amounts under this 

subsection, the Administrator shall verify that the applicant 

is an eligible entity by accepting a self-certification from the 

applicant under penalty of perjury pursuant to section 1746 

of title 28 United States Code. 

(3) AMOUNT.—The amount of an advance provided under 

this subsection shall be not more than $10,000. 

(4) USE OF FUNDS.—An advance provided under this subsection may be used to address any allowable purpose for 

a loan made under section 7(b)(2) of the Small Business Act 

(15 U.S.C. 636(b)(2)), including— 

(A) providing paid sick leave to employees unable to 

work due to the direct effect of the COVID–19; 
H. R. 748—28 

(B) maintaining payroll to retain employees during 

business disruptions or substantial slowdowns; 

(C) meeting increased costs to obtain materials unavailable from the applicant’s original source due to interrupted 

supply chains; 

(D) making rent or mortgage payments; and 

(E) repaying obligations that cannot be met due to 

revenue losses. 

(5) REPAYMENT.—An applicant shall not be required to 

repay any amounts of an advance provided under this subsection, even if subsequently denied a loan under section 7(b)(2) 

of the Small Business Act (15 U.S.C. 636(b)(2)). 

(6) UNEMPLOYMENT GRANT.—If an applicant that receives 

an advance under this subsection transfers into, or is approved 

for, the loan program under section 7(a) of the Small Business 

Act (15 U.S.C. 636(a)), the advance amount shall be reduced 

from the loan forgiveness amount for a loan for payroll costs 

made under such section 7(a). 

(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administration $10,000,000,000 

to carry out this subsection. 

(8) TERMINATION.—The authority to carry out grants under 

this subsection shall terminate on December 31, 2020. 

(f) EMERGENCIES INVOLVING FEDERAL PRIMARY RESPONSIBILITY

QUALIFYING FOR SBA ASSISTANCE.—Section 7(b)(2) of the Small 

Business Act (15 U.S.C. 636(b)(2)) is amended— 

(1) in subparagraph (A), by striking ‘‘or’’ at the end; 

(2) in subparagraph (B), by striking ‘‘or’’ at the end; 

(3) in subparagraph (C), by striking ‘‘or’’ at the end; 

(4) by redesignating subparagraph (D) as subparagraph 

(E); 

(5) by inserting after subparagraph (C) the following: 

‘‘(D) an emergency involving Federal primary responsibility determined to exist by the President under the section 

501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)); or’’; and 

(6) in subparagraph (E), as so redesignated— 

(A) by striking ‘‘or (C)’’ and inserting ‘‘(C), or (D)’’; 

(B) by striking ‘‘disaster declaration’’ each place it 

appears and inserting ‘‘disaster or emergency declaration’’; 

(C) by striking ‘‘disaster has occurred’’ and inserting 

‘‘disaster or emergency has occurred’’; 

(D) by striking ‘‘such disaster’’ and inserting ‘‘such 

disaster or emergency’’; and 

(E) by striking ‘‘disaster stricken’’ and inserting 

‘‘disaster- or emergency-stricken’’; and 

(7) in the flush matter following subparagraph (E), as so 

redesignated, by striking the period at the end and inserting 

the following: ‘‘: Provided further, That for purposes of subparagraph (D), the Administrator shall deem that such an emergency affects each State or subdivision thereof (including counties), and that each State or subdivision has sufficient economic 

damage to small business concerns to qualify for assistance 

under this paragraph and the Administrator shall accept 

applications for such assistance immediately.’’. 
H. R. 748—29 

SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES OTHER THAN 

ENGLISH. 

(a) IN GENERAL.—The Administrator shall provide the resources 

and services made available by the Administration to small business 

concerns in the 10 most commonly spoken languages, other than 

English, in the United States, which shall include Mandarin, Cantonese, Japanese, and Korean. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Administrator $25,000,000 to carry out 

this section. 

SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS. 

(a) DEFINITION OF COVERED LOAN.—In this section, the term 

‘‘covered loan’’ means a loan that is— 

(1) guaranteed by the Administration under— 

(A) section 7(a) of the Small Business Act (15 U.S.C. 

636(a))— 

(i) including a loan made under the Community 

Advantage Pilot Program of the Administration; and 

(ii) excluding a loan made under paragraph (36) 

of such section 7(a), as added by section 1102; or 

(B) title V of the Small Business Investment Act of 

1958 (15 U.S.C. 695 et seq.); or 

(2) made by an intermediary to a small business concern 

using loans or grants received under section 7(m) of the Small 

Business Act (15 U.S.C. 636(m)). 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) all borrowers are adversely affected by COVID–19; 

(2) relief payments by the Administration are appropriate 

for all borrowers; and 

(3) in addition to the relief provided under this Act, the 

Administration should encourage lenders to provide payment 

deferments, when appropriate, and to extend the maturity of 

covered loans, so as to avoid balloon payments or any requirement for increases in debt payments resulting from deferments 

provided by lenders during the period of the national emergency 

declared by the President under the National Emergencies 

Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus 

Disease 2019 (COVID–19). 

(c) PRINCIPAL AND INTEREST PAYMENTS.— 

(1) IN GENERAL.—The Administrator shall pay the principal, interest, and any associated fees that are owed on a 

covered loan in a regular servicing status— 

(A) with respect to a covered loan made before the 

date of enactment of this Act and not on deferment, for 

the 6-month period beginning with the next payment due 

on the covered loan; 

(B) with respect to a covered loan made before the 

date of enactment of this Act and on deferment, for the 

6-month period beginning with the next payment due on 

the covered loan after the deferment period; and 

(C) with respect to a covered loan made during the 

period beginning on the date of enactment of this Act 

and ending on the date that is 6 months after such date 

of enactment, for the 6-month period beginning with the 

first payment due on the covered loan. 
H. R. 748—30 

(2) TIMING OF PAYMENT.—The Administrator shall begin 

making payments under paragraph (1) on a covered loan not 

later than 30 days after the date on which the first such 

payment is due. 

(3) APPLICATION OF PAYMENT.—Any payment made by the 

Administrator under paragraph (1) shall be applied to the 

covered loan such that the borrower is relieved of the obligation 

to pay that amount. 

(d) OTHER REQUIREMENTS.—The Administrator shall— 

(1) communicate and coordinate with the Federal Deposit 

Insurance Corporation, the Office of the Comptroller of the 

Currency, and State bank regulators to encourage those entities 

to not require lenders to increase their reserves on account 

of receiving payments made by the Administrator under subsection (c); 

(2) waive statutory limits on maximum loan maturities 

for any covered loan durations where the lender provides a 

deferral and extends the maturity of covered loans during the 

1-year period following the date of enactment of this Act; and 

(3) when necessary to provide more time because of the 

potential of higher volumes, travel restrictions, and the inability 

to access some properties during the COVID–19 pandemic, 

extend lender site visit requirements to— 

(A) not more than 60 days (which may be extended 

at the discretion of the Administration) after the occurrence 

of an adverse event, other than a payment default, causing 

a loan to be classified as in liquidation; and 

(B) not more than 90 days after a payment default. 

(e) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to limit the authority of the Administrator to make 

payments pursuant to subsection (c) with respect to a covered 

loan solely because the covered loan has been sold in the secondary 

market. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Administrator $17,000,000,000 to carry 

out this section. 

SEC. 1113. BANKRUPTCY. 

(a) SMALL BUSINESS DEBTOR REORGANIZATION.— 

(1) IN GENERAL.—Section 1182(1) of title 11, United States 

Code, is amended to read as follows: 

‘‘(1) DEBTOR.—The term ‘debtor’— 

‘‘(A) subject to subparagraph (B), means a person 

engaged in commercial or business activities (including 

any affiliate of such person that is also a debtor under 

this title and excluding a person whose primary activity 

is the business of owning single asset real estate) that 

has aggregate noncontingent liquidated secured and 

unsecured debts as of the date of the filing of the petition 

or the date of the order for relief in an amount not more 

than $7,500,000 (excluding debts owed to 1 or more affiliates or insiders) not less than 50 percent of which arose 

from the commercial or business activities of the debtor; 

and 

‘‘(B) does not include— 

‘‘(i) any member of a group of affiliated debtors 

that has aggregate noncontingent liquidated secured 
H. R. 748—31 

and unsecured debts in an amount greater than 

$7,500,000 (excluding debt owed to 1 or more affiliates 

or insiders); 

‘‘(ii) any debtor that is a corporation subject to 

the reporting requirements under section 13 or 15(d) 

of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 

78o(d)); or 

‘‘(iii) any debtor that is an affiliate of an issuer, 

as defined in section 3 of the Securities Exchange 

Act of 1934 (15 U.S.C. 78c).’’. 

(2) APPLICABILITY OF CHAPTERS.—Section 103(i) of title 11, 

United States Code, is amended by striking ‘‘small business 

debtor’’ and inserting ‘‘debtor (as defined in section 1182)’’. 

(3) APPLICATION OF AMENDMENT.—The amendment made 

by paragraph (1) shall apply only with respect to cases commenced under title 11, United States Code, on or after the 

date of enactment of this Act. 

(4) TECHNICAL CORRECTIONS.— 

(A) DEFINITION OF SMALL BUSINESS DEBTOR.—Section 

101(51D)(B)(iii) of title 11, United States Code, is amended 

to read as follows: 

‘‘(iii) any debtor that is an affiliate of an issuer 

(as defined in section 3 of the Securities Exchange 

Act of 1934 (15 U.S.C. 78c)).’’. 

(B) UNCLAIMED PROPERTY.—Section 347(b) of title 11, 

United States Code, is amended by striking ‘‘1194’’ and 

inserting ‘‘1191’’. 

(5) SUNSET.—On the date that is 1 year after the date 

of enactment of this Act, section 1182(1) of title 11, United 

States Code, is amended to read as follows: 

‘‘(1) DEBTOR.—The term ‘debtor’ means a small business 

debtor.’’. 

(b) BANKRUPTCY RELIEF.— 

(1) IN GENERAL.— 

(A) EXCLUSION FROM CURRENT MONTHLY INCOME.—Section 101(10A)(B)(ii) of title 11, United States Code, is 

amended— 

(i) in subclause (III), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) in subclause (IV), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(V) Payments made under Federal law 

relating to the national emergency declared by 

the President under the National Emergencies Act 

(50 U.S.C. 1601 et seq.) with respect to the 

coronavirus disease 2019 (COVID–19).’’. 

(B) CONFIRMATION OF PLAN.—Section 1325(b)(2) of title 

11, United States Code, is amended by inserting ‘‘payments 

made under Federal law relating to the national emergency 

declared by the President under the National Emergencies 

Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus 

disease 2019 (COVID–19),’’ after ‘‘other than’’. 

(C) MODIFICATION OF PLAN AFTER CONFIRMATION.—Section 1329 of title 11, United States Code, is amended by 

adding at end the following: 
H. R. 748—32 

‘‘(d)(1) Subject to paragraph (3), for a plan confirmed prior 

to the date of enactment of this subsection, the plan may be modified 

upon the request of the debtor if— 

‘‘(A) the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the 

coronavirus disease 2019 (COVID–19) pandemic; and 

‘‘(B) the modification is approved after notice and a hearing. 

‘‘(2) A plan modified under paragraph (1) may not provide 

for payments over a period that expires more than 7 years after 

the time that the first payment under the original confirmed plan 

was due. 

‘‘(3) Sections 1322(a), 1322(b), 1323(c), and the requirements 

of section 1325(a) shall apply to any modification under paragraph 

(1).’’. 

(D) APPLICABILITY.— 

(i) The amendments made by subparagraphs (A) 

and (B) shall apply to any case commenced before, 

on, or after the date of enactment of this Act. 

(ii) The amendment made by subparagraph (C) 

shall apply to any case for which a plan has been 

confirmed under section 1325 of title 11, United States 

Code, before the date of enactment of this Act. 

(2) SUNSET.— 

(A) IN GENERAL.— 

(i) EXCLUSION FROM CURRENT MONTHLY INCOME.— 

Section 101(10A)(B)(ii) of title 11, United States Code, 

is amended— 

(I) in subclause (III), by striking the semicolon 

at the end and inserting ‘‘; and’’; 

(II) in subclause (IV), by striking ‘‘; and’’ and 

inserting a period; and 

(III) by striking subclause (V). 

(ii) CONFIRMATION OF PLAN.—Section 1325(b)(2) of 

title 11, United States Code, is amended by striking 

‘‘payments made under Federal law relating to the 

national emergency declared by the President under 

the National Emergencies Act (50 U.S.C. 1601 et seq.) 

with respect to the coronavirus disease 2019 (COVID– 

19),’’. 

(iii) MODIFICATION OF PLAN AFTER CONFIRMATION.—Section 1329 of title 11, United States Code, 

is amended by striking subsection (d). 

(B) EFFECTIVE DATE.—The amendments made by 

subparagraph (A) shall take effect on the date that is 

1 year after the date of enactment of this Act. 

SEC. 1114. EMERGENCY RULEMAKING AUTHORITY. 

Not later than 15 days after the date of enactment of this 

Act, the Administrator shall issue regulations to carry out this 

title and the amendments made by this title without regard to 

the notice requirements under section 553(b) of title 5, United 

States Code. 
H. R. 748—33 

TITLE II—ASSISTANCE FOR AMERICAN 

WORKERS, FAMILIES, AND BUSINESSES 

Subtitle A—Unemployment Insurance 

Provisions 

SEC. 2101. SHORT TITLE. 

This subtitle may be cited as the ‘‘Relief for Workers Affected 

by Coronavirus Act’’. 

SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE. 

(a) DEFINITIONS.—In this section: 

(1) COVID–19.—The term ‘‘COVID–19’’ means the 2019 

Novel Coronavirus or 2019-nCoV. 

(2) COVID–19 PUBLIC HEALTH EMERGENCY.—The term 

‘‘COVID–19 public health emergency’’ means the public health 

emergency declared by the Secretary of Health and Human 

Services on January 27, 2020, with respect to the 2019 Novel 

Coronavirus. 

(3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’— 

(A) means an individual who— 

(i) is not eligible for regular compensation or 

extended benefits under State or Federal law or pandemic emergency unemployment compensation under 

section 2107, including an individual who has 

exhausted all rights to regular unemployment or 

extended benefits under State or Federal law or pandemic emergency unemployment compensation under 

section 2107; and 

(ii) provides self-certification that the individual— 

(I) is otherwise able to work and available 

for work within the meaning of applicable State 

law, except the individual is unemployed, partially 

unemployed, or unable or unavailable to work 

because— 

(aa) the individual has been diagnosed 

with COVID–19 or is experiencing symptoms 

of COVID–19 and seeking a medical diagnosis; 

(bb) a member of the individual’s household has been diagnosed with COVID–19; 

(cc) the individual is providing care for 

a family member or a member of the individual’s household who has been diagnosed with 

COVID–19; 

(dd) a child or other person in the household for which the individual has primary 

caregiving responsibility is unable to attend 

school or another facility that is closed as a 

direct result of the COVID–19 public health 

emergency and such school or facility care is 

required for the individual to work; 

(ee) the individual is unable to reach the 

place of employment because of a quarantine 

imposed as a direct result of the COVID–19 

public health emergency; 
H. R. 748—34 

(ff) the individual is unable to reach the 

place of employment because the individual 

has been advised by a health care provider 

to self-quarantine due to concerns related to 

COVID–19; 

(gg) the individual was scheduled to commence employment and does not have a job 

or is unable to reach the job as a direct result 

of the COVID–19 public health emergency; 

(hh) the individual has become the breadwinner or major support for a household 

because the head of the household has died 

as a direct result of COVID–19; 

(ii) the individual has to quit his or her 

job as a direct result of COVID–19; 

(jj) the individual’s place of employment 

is closed as a direct result of the COVID– 

19 public health emergency; or 

(kk) the individual meets any additional 

criteria established by the Secretary for 

unemployment assistance under this section; 

or 

(II) is self-employed, is seeking part-time 

employment, does not have sufficient work history, 

or otherwise would not qualify for regular 

unemployment or extended benefits under State 

or Federal law or pandemic emergency unemployment compensation under section 2107 and meets 

the requirements of subclause (I); and 

(B) does not include— 

(i) an individual who has the ability to telework 

with pay; or 

(ii) an individual who is receiving paid sick leave 

or other paid leave benefits, regardless of whether 

the individual meets a qualification described in items 

(aa) through (kk) of subparagraph (A)(i)(I). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(5) STATE.—The term ‘‘State’’ includes the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin 

Islands, Guam, American Samoa, the Commonwealth of the 

Northern Mariana Islands, the Federated States of Micronesia, 

the Republic of the Marshall Islands, and the Republic of Palau. 

(b) ASSISTANCE FOR UNEMPLOYMENT AS A RESULT OF COVID– 

19.—Subject to subsection (c), the Secretary shall provide to any 

covered individual unemployment benefit assistance while such 

individual is unemployed, partially unemployed, or unable to work 

for the weeks of such unemployment with respect to which the 

individual is not entitled to any other unemployment compensation 

(as that term is defined in section 85(b) of title 26, United States 

Code) or waiting period credit. 

(c) APPLICABILITY.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

assistance authorized under subsection (b) shall be available 

to a covered individual— 

(A) for weeks of unemployment, partial unemployment, 

or inability to work caused by COVID–19— 
H. R. 748—35 

(i) beginning on or after January 27, 2020; and 

(ii) ending on or before December 31, 2020; and 

(B) subject to subparagraph (A)(ii), as long as the covered individual’s unemployment, partial unemployment, or 

inability to work caused by COVID–19 continues. 

(2) LIMITATION ON DURATION OF ASSISTANCE.—The total 

number of weeks for which a covered individual may receive 

assistance under this section shall not exceed 39 weeks and 

such total shall include any week for which the covered individual received regular compensation or extended benefits 

under any Federal or State law, except that if after the date 

of enactment of this Act, the duration of extended benefits 

is extended, the 39-week period described in this paragraph 

shall be extended by the number of weeks that is equal to 

the number of weeks by which the extended benefits were 

extended. 

(3) ASSISTANCE FOR UNEMPLOYMENT BEFORE DATE OF

ENACTMENT.—The Secretary shall establish a process for 

making assistance under this section available for weeks beginning on or after January 27, 2020, and before the date of 

enactment of this Act. 

(d) AMOUNT OF ASSISTANCE.— 

(1) IN GENERAL.—The assistance authorized under subsection (b) for a week of unemployment, partial unemployment, 

or inability to work shall be— 

(A)(i) the weekly benefit amount authorized under the 

unemployment compensation law of the State where the 

covered individual was employed, except that the amount 

may not be less than the minimum weekly benefit amount 

described in section 625.6 of title 20, Code of Federal Regulations, or any successor thereto; and 

(ii) the amount of Federal Pandemic Unemployment 

Compensation under section 2104; and 

(B) in the case of an increase of the weekly benefit 

amount after the date of enactment of this Act, increased 

in an amount equal to such increase. 

(2) CALCULATIONS OF AMOUNTS FOR CERTAIN COVERED

INDIVIDUALS.—In the case of a covered individual who is selfemployed, who lives in a territory described in subsection (c) 

or (d) of section 625.6 of title 20, Code of Federal Regulations, 

or who would not otherwise qualify for unemployment compensation under State law, the assistance authorized under 

subsection (b) for a week of unemployment shall be calculated 

in accordance with section 625.6 of title 20, Code of Federal 

Regulations, or any successor thereto, and shall be increased 

by the amount of Federal Pandemic Unemployment Compensation under section 2104. 

(3) ALLOWABLE METHODS OF PAYMENT.—Any assistance provided for in accordance with paragraph (1)(A)(ii) shall be payable either— 

(A) as an amount which is paid at the same time 

and in the same manner as the assistance provided for 

in paragraph (1)(A)(i) is payable for the week involved; 

or 

(B) at the option of the State, by payments which 

are made separately from, but on the same weekly basis 

as, any assistance provided for in paragraph (1)(A)(i). 
H. R. 748—36 

(e) WAIVER OF STATE REQUIREMENT.—Notwithstanding State 

law, for purposes of assistance authorized under this section, compensation under this Act shall be made to an individual otherwise 

eligible for such compensation without any waiting period. 

(f) AGREEMENTS WITH STATES.— 

(1) IN GENERAL.—The Secretary shall provide the assistance 

authorized under subsection (b) through agreements with 

States which, in the judgment of the Secretary, have an adequate system for administering such assistance through 

existing State agencies. 

(2) PAYMENTS TO STATES.—There shall be paid to each 

State which has entered into an agreement under this subsection an amount equal to 100 percent of— 

(A) the total amount of assistance provided by the 

State pursuant to such agreement; and 

(B) any additional administrative expenses incurred 

by the State by reason of such agreement (as determined 

by the Secretary), including any administrative expenses 

necessary to facilitate processing of applications for assistance under this section online or by telephone rather than 

in-person. 

(3) TERMS OF PAYMENTS.—Sums payable to any State by 

reason of such State’s having an agreement under this subsection shall be payable, either in advance or by way of 

reimbursement (as determined by the Secretary), in such 

amounts as the Secretary estimates the State will be entitled 

to receive under this subsection for each calendar month, 

reduced or increased, as the case may be, by any amount 

by which the Secretary finds that his estimates for any prior 

calendar month were greater or less than the amounts which 

should have been paid to the State. Such estimates may be 

made on the basis of such statistical, sampling, or other method 

as may be agreed upon by the Secretary and the State agency 

of the State involved. 

(g) FUNDING.— 

(1) ASSISTANCE.— 

(A) IN GENERAL.—Funds in the extended unemployment compensation account (as established by section 

905(a) of the Social Security Act (42 U.S.C. 1105(a)) of 

the Unemployment Trust Fund (as established by section 

904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 

make payments to States pursuant to subsection (f)(2)(A). 

(B) TRANSFER OF FUNDS.—Notwithstanding any other 

provision of law, the Secretary of the Treasury shall 

transfer from the general fund of the Treasury (from funds 

not otherwise appropriated) to the extended unemployment 

compensation account such sums as the Secretary of Labor 

estimates to be necessary to make payments described 

in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, 

the sums referred to in the preceding sentence and such 

sums shall not be required to be repaid. 

(2) ADMINISTRATIVE EXPENSES.— 

(A) IN GENERAL.—Funds in the employment security 

administration account (as established by section 901(a) 

of the Social Security Act (42 U.S.C. 1105(a)) of the 

Unemployment Trust Fund (as established by section 
H. R. 748—37 

904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 

make payments to States pursuant to subsection (f)(2)(B). 

(B) TRANSFER OF FUNDS.—Notwithstanding any other 

provision of law, the Secretary of the Treasury shall 

transfer from the general fund of the Treasury (from funds 

not otherwise appropriated) to the employment security 

administration account such sums as the Secretary of Labor 

estimates to be necessary to make payments described 

in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, 

the sums referred to in the preceding sentence and such 

sums shall not be required to be repaid. 

(3) CERTIFICATIONS.—The Secretary of Labor shall from 

time to time certify to the Secretary of the Treasury for payment 

to each State the sums payable to such State under paragraphs 

(1) and (2). 

(h) RELATIONSHIP BETWEEN PANDEMIC UNEMPLOYMENT ASSIST- ANCE AND DISASTER UNEMPLOYMENT ASSISTANCE.—Except as otherwise provided in this section or to the extent there is a conflict 

between this section and section 625 of title 20, Code of Federal 

Regulations, such section 625 shall apply to this section as if— 

(1) the term ‘‘COVID–19 public health emergency’’ were 

substituted for the term ‘‘major disaster’’ each place it appears 

in such section 625; and 

(2) the term ‘‘pandemic’’ were substituted for the term 

‘‘disaster’’ each place it appears in such section 625. 

SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL ENTITIES AND NONPROFIT ORGANIZATIONS. 

(a) FLEXIBILITY IN PAYING REIMBURSEMENT.—The Secretary of 

Labor may issue clarifying guidance to allow States to interpret 

their State unemployment compensation laws in a manner that 

would provide maximum flexibility to reimbursing employers as 

it relates to timely payment and assessment of penalties and 

interest pursuant to such State laws. 

(b) FEDERAL FUNDING.—Section 903 of the Social Security Act 

(42 U.S.C. 1103) is amended by adding at the end the following: 

‘‘Transfers for Federal Reimbursement of State Unemployment 

Funds 

‘‘(i)(1)(A) In addition to any other amounts, the Secretary of 

Labor shall provide for the transfer of funds during the applicable 

period to the accounts of the States in the Unemployment Trust 

Fund, by transfer from amounts reserved for that purpose in the 

Federal unemployment account, in accordance with the succeeding 

provisions of this subsection. 

‘‘(B) The amount of funds transferred to the account of a State 

under subparagraph (A) during the applicable period shall, as determined by the Secretary of Labor, be equal to one-half of the amounts 

of compensation (as defined in section 3306(h) of the Internal Revenue Code of 1986) attributable under the State law to service 

to which section 3309(a)(1) of such Code applies that were paid 

by the State for weeks of unemployment beginning and ending 

during such period. Such transfers shall be made at such times 

as the Secretary of Labor considers appropriate. 

‘‘(C) Notwithstanding any other law, funds transferred to the 

account of a State under subparagraph (A) shall be used exclusively 
H. R. 748—38 

to reimburse governmental entities and other organizations 

described in section 3309(a)(2) of such Code for amounts paid (in 

lieu of contributions) into the State unemployment fund pursuant 

to such section. 

‘‘(D) For purposes of this paragraph, the term ‘applicable period’ 

means the period beginning on March 13, 2020, and ending on 

December 31, 2020. 

‘‘(2)(A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of 

the Treasury (from funds not otherwise appropriated) to the Federal 

unemployment account such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers 

described in paragraph (1). 

‘‘(B) There are appropriated from the general fund of the 

Treasury, without fiscal year limitation, the sums referred to in 

subparagraph (A) and such sums shall not be required to be 

repaid.’’. 

SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS. 

(a) FEDERAL-STATE AGREEMENTS.—Any State which desires to 

do so may enter into and participate in an agreement under this 

section with the Secretary of Labor (in this section referred to 

as the ‘‘Secretary’’). Any State which is a party to an agreement 

under this section may, upon providing 30 days’ written notice 

to the Secretary, terminate such agreement. 

(b) PROVISIONS OF AGREEMENT.— 

(1) FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.— 

Any agreement under this section shall provide that the State 

agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they 

would be determined if the State law of the State were applied, 

with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law 

to receive regular compensation, as if such State law had been 

modified in a manner such that the amount of regular compensation (including dependents’ allowances) payable for any 

week shall be equal to— 

(A) the amount determined under the State law (before 

the application of this paragraph), plus 

(B) an additional amount of $600 (in this section 

referred to as ‘‘Federal Pandemic Unemployment Compensation’’). 

(2) ALLOWABLE METHODS OF PAYMENT.—Any Federal Pandemic Unemployment Compensation provided for in accordance 

with paragraph (1) shall be payable either— 

(A) as an amount which is paid at the same time 

and in the same manner as any regular compensation 

otherwise payable for the week involved; or 

(B) at the option of the State, by payments which 

are made separately from, but on the same weekly basis 

as, any regular compensation otherwise payable. 

(c) NONREDUCTION RULE.— 

(1) IN GENERAL.—An agreement under this section shall 

not apply (or shall cease to apply) with respect to a State 

upon a determination by the Secretary that the method governing the computation of regular compensation under the State 
H. R. 748—39 

law of that State has been modified in a manner such that 

the number of weeks (the maximum benefit entitlement), or 

the average weekly benefit amount, of regular compensation 

which will be payable during the period of the agreement 

(determined disregarding any Federal Pandemic Unemployment Compensation) will be less than the number of weeks, 

or the average weekly benefit amount, of the average weekly 

benefit amount of regular compensation which would otherwise 

have been payable during such period under the State law, 

as in effect on January 1, 2020. 

(2) MAXIMUM BENEFIT ENTITLEMENT.—In paragraph (1), the 

term ‘‘maximum benefit entitlement’’ means the amount of 

regular unemployment compensation payable to an individual 

with respect to the individual’s benefit year. 

(d) PAYMENTS TO STATES.— 

(1) IN GENERAL.— 

(A) FULL REIMBURSEMENT.—There shall be paid to each 

State which has entered into an agreement under this 

section an amount equal to 100 percent of— 

(i) the total amount of Federal Pandemic 

Unemployment Compensation paid to individuals by 

the State pursuant to such agreement; and 

(ii) any additional administrative expenses 

incurred by the State by reason of such agreement 

(as determined by the Secretary). 

(B) TERMS OF PAYMENTS.—Sums payable to any State 

by reason of such State’s having an agreement under this 

section shall be payable, either in advance or by way of 

reimbursement (as determined by the Secretary), in such 

amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, 

reduced or increased, as the case may be, by any amount 

by which the Secretary finds that his estimates for any 

prior calendar month were greater or less than the amounts 

which should have been paid to the State. Such estimates 

may be made on the basis of such statistical, sampling, 

or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

(2) CERTIFICATIONS.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. 

(3) APPROPRIATION.—There are appropriated from the general fund of the Treasury, without fiscal year limitation, such 

sums as may be necessary for purposes of this subsection. 

(e) APPLICABILITY.—An agreement entered into under this section shall apply to weeks of unemployment— 

(1) beginning after the date on which such agreement is 

entered into; and 

(2) ending on or before July 31, 2020. 

(f) FRAUD AND OVERPAYMENTS.— 

(1) IN GENERAL.—If an individual knowingly has made, 

or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused 

another to fail, to disclose a material fact, and as a result 
H. R. 748—40 

of such false statement or representation or of such nondisclosure such individual has received an amount of Federal Pandemic Unemployment Compensation to which such individual 

was not entitled, such individual— 

(A) shall be ineligible for further Federal Pandemic 

Unemployment Compensation in accordance with the provisions of the applicable State unemployment compensation 

law relating to fraud in connection with a claim for 

unemployment compensation; and 

(B) shall be subject to prosecution under section 1001 

of title 18, United States Code. 

(2) REPAYMENT.—In the case of individuals who have 

received amounts of Federal Pandemic Unemployment Compensation to which they were not entitled, the State shall 

require such individuals to repay the amounts of such Federal 

Pandemic Unemployment Compensation to the State agency, 

except that the State agency may waive such repayment if 

it determines that— 

(A) the payment of such Federal Pandemic Unemployment Compensation was without fault on the part of any 

such individual; and 

(B) such repayment would be contrary to equity and 

good conscience. 

(3) RECOVERY BY STATE AGENCY.— 

(A) IN GENERAL.—The State agency shall recover the 

amount to be repaid, or any part thereof, by deductions 

from any Federal Pandemic Unemployment Compensation 

payable to such individual or from any unemployment compensation payable to such individual under any State or 

Federal unemployment compensation law administered by 

the State agency or under any other State or Federal 

law administered by the State agency which provides for 

the payment of any assistance or allowance with respect 

to any week of unemployment, during the 3-year period 

after the date such individuals received the payment of 

the Federal Pandemic Unemployment Compensation to 

which they were not entitled, in accordance with the same 

procedures as apply to the recovery of overpayments of 

regular unemployment benefits paid by the State. 

(B) OPPORTUNITY FOR HEARING.—No repayment shall 

be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity 

for a fair hearing has been given to the individual, and 

the determination has become final. 

(4) REVIEW.—Any determination by a State agency under 

this section shall be subject to review in the same manner 

and to the same extent as determinations under the State 

unemployment compensation law, and only in that manner 

and to that extent. 

(g) APPLICATION TO OTHER UNEMPLOYMENT BENEFITS.—Each 

agreement under this section shall include provisions to provide 

that the purposes of the preceding provisions of this section shall 

be applied with respect to unemployment benefits described in 

subsection (i)(2) to the same extent and in the same manner as 

if those benefits were regular compensation. 

(h) DISREGARD OF ADDITIONAL COMPENSATION FOR PURPOSES

OF MEDICAID AND CHIP.—The monthly equivalent of any Federal 
H. R. 748—41 

pandemic unemployment compensation paid to an individual under 

this section shall be disregarded when determining income for any 

purpose under the programs established under titles XIX and title 

XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa 

et seq.) . 

(i) DEFINITIONS.—For purposes of this section— 

(1) the terms ‘‘compensation’’, ‘‘regular compensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ 

have the respective meanings given such terms under section 

205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note); and 

(2) any reference to unemployment benefits described in 

this paragraph shall be considered to refer to— 

(A) extended compensation (as defined by section 205 

of the Federal-State Extended Unemployment Compensation Act of 1970); 

(B) regular compensation (as defined by section 85(b) 

of the Internal Revenue Code of 1986) provided under 

any program administered by a State under an agreement 

with the Secretary; 

(C) pandemic unemployment assistance under section 

2102; and 

(D) pandemic emergency unemployment compensation 

under section 2107. 

SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE FIRST WEEK 

OF COMPENSABLE REGULAR UNEMPLOYMENT FOR 

STATES WITH NO WAITING WEEK. 

(a) FEDERAL-STATE AGREEMENTS.—Any State which desires to 

do so may enter into and participate in an agreement under this 

section with the Secretary of Labor (in this section referred to 

as the ‘‘Secretary’’). Any State which is a party to an agreement 

under this section may, upon providing 30 days’ written notice 

to the Secretary, terminate such agreement. 

(b) REQUIREMENT THAT STATE LAW DOES NOT APPLY A WAITING

WEEK.—A State is eligible to enter into an agreement under this 

section if the State law (including a waiver of State law) provides 

that compensation is paid to individuals for their first week of 

regular unemployment without a waiting week. An agreement 

under this section shall not apply (or shall cease to apply) with 

respect to a State upon a determination by the Secretary that 

the State law no longer meets the requirement under the preceding 

sentence. 

(c) PAYMENTS TO STATES.— 

(1) FULL REIMBURSEMENT.—There shall be paid to each 

State which has entered into an agreement under this section 

an amount equal to 100 percent of— 

(A) the total amount of regular compensation paid 

to individuals by the State for their first week of regular 

unemployment; and 

(B) any additional administrative expenses incurred 

by the State by reason of such agreement (as determined 

by the Secretary). 

(2) TERMS OF PAYMENTS.—Sums payable to any State by 

reason of such State’s having an agreement under this section 

shall be payable, either in advance or by way of reimbursement 

(as determined by the Secretary), in such amounts as the 
H. R. 748—42 

Secretary estimates the State will be entitled to receive under 

this section for each calendar month, reduced or increased, 

as the case may be, by any amount by which the Secretary 

finds that his estimates for any prior calendar month were 

greater or less than the amounts which should have been 

paid to the State. Such estimates may be made on the basis 

of such statistical, sampling, or other method as may be agreed 

upon by the Secretary and the State agency of the State 

involved. 

(d) FUNDING.— 

(1) COMPENSATION.— 

(A) IN GENERAL.—Funds in the Federal unemployment 

account (as established by section 905(g)) of the Unemployment Trust Fund (as established by section 904(a)) shall 

be used to make payments under subsection (c)(1)(A). 

(B) TRANSFER OF FUNDS.—Notwithstanding any other 

provision of law, the Secretary of the Treasury shall 

transfer from the general fund of the Treasury (from funds 

not otherwise appropriated) to the Federal unemployment 

account such sums as the Secretary of Labor estimates 

to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund 

of the Treasury, without fiscal year limitation, the sums 

referred to in the preceding sentence and such sums shall 

not be required to be repaid. 

(2) ADMINISTRATIVE EXPENSES.— 

(A) IN GENERAL.—Funds in the employment security 

administration account (as established by section 901(a) 

of the Social Security Act (42 U.S.C. 1105(a)) of the 

Unemployment Trust Fund (as established by section 

904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 

make payments to States pursuant to subsection (c)(1)(B). 

(B) TRANSFER OF FUNDS.—Notwithstanding any other 

provision of law, the Secretary of the Treasury shall 

transfer from the general fund of the Treasury (from funds 

not otherwise appropriated) to the employment security 

administration account such sums as the Secretary of Labor 

estimates to be necessary to make payments described 

in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, 

the sums referred to in the preceding sentence and such 

sums shall not be required to be repaid. 

(3) CERTIFICATIONS.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. 

(e) APPLICABILITY.—An agreement entered into under this section shall apply to weeks of unemployment— 

(1) beginning after the date on which such agreement is 

entered into; and 

(2) ending on or before December 31, 2020. 

(f) FRAUD AND OVERPAYMENTS.—The provisions of section 

2107(e) shall apply with respect to compensation paid under an 

agreement under this section to the same extent and in the same 

manner as in the case of pandemic emergency unemployment compensation under such section. 

(g) DEFINITIONS.—For purposes of this section, the terms ‘‘regular compensation’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ 
H. R. 748—43 

have the respective meanings given such terms under section 205 

of the Federal-State Extended Unemployment Compensation Act 

of 1970 (26 U.S.C. 3304 note). 

SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY. 

Section 4102(b) of the Emergency Unemployment Stabilization 

and Access Act of 2020 (contained in division D of the Families 

First Coronavirus Response Act) is amended— 

(1) by striking ‘‘or employer experience rating’’ and 

inserting ‘‘employer experience rating, or, subject to the succeeding sentence, personnel standards on a merit basis’’; and 

(2) by adding at the end the following new sentence: ‘‘The 

emergency flexibility for personnel standards on a merit basis 

shall only apply through December 31, 2020, and is limited 

to engaging of temporary staff, rehiring of retirees or former 

employees on a non-competitive basis, and other temporary 

actions to quickly process applications and claims.’’. 

SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION. 

(a) FEDERAL-STATE AGREEMENTS.— 

(1) IN GENERAL.—Any State which desires to do so may 

enter into and participate in an agreement under this section 

with the Secretary of Labor (in this section referred to as 

the ‘‘Secretary’’). Any State which is a party to an agreement 

under this section may, upon providing 30 days’ written notice 

to the Secretary, terminate such agreement. 

(2) PROVISIONS OF AGREEMENT.—Any agreement under 

paragraph (1) shall provide that the State agency of the State 

will make payments of pandemic emergency unemployment 

compensation to individuals who— 

(A) have exhausted all rights to regular compensation 

under the State law or under Federal law with respect 

to a benefit year (excluding any benefit year that ended 

before July1, 2019); 

(B) have no rights to regular compensation with respect 

to a week under such law or any other State unemployment 

compensation law or to compensation under any other Federal law; 

(C) are not receiving compensation with respect to 

such week under the unemployment compensation law of 

Canada; and 

(D) are able to work, available to work, and actively 

seeking work. 

(3) EXHAUSTION OF BENEFITS.—For purposes of paragraph 

(2)(A), an individual shall be deemed to have exhausted such 

individual’s rights to regular compensation under a State law 

when— 

(A) no payments of regular compensation can be made 

under such law because such individual has received all 

regular compensation available to such individual based 

on employment or wages during such individual’s base 

period; or 

(B) such individual’s rights to such compensation have 

been terminated by reason of the expiration of the benefit 

year with respect to which such rights existed. 

(4) WEEKLY BENEFIT AMOUNT, ETC.—For purposes of any 

agreement under this section— 
H. R. 748—44 

(A) the amount of pandemic emergency unemployment 

compensation which shall be payable to any individual 

for any week of total unemployment shall be equal to— 

(i) the amount of the regular compensation 

(including dependents’ allowances) payable to such 

individual during such individual’s benefit year under 

the State law for a week of total unemployment; and 

(ii) the amount of Federal Pandemic Unemployment Compensation under section 2104; 

(B) the terms and conditions of the State law which 

apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to 

availability for work, active search for work, and refusal 

to accept work) shall apply to claims for pandemic emergency unemployment compensation and the payment 

thereof, except where otherwise inconsistent with the provisions of this section or with the regulations or operating 

instructions of the Secretary promulgated to carry out this 

section; 

(C) the maximum amount of pandemic emergency 

unemployment compensation payable to any individual for 

whom an pandemic emergency unemployment compensation account is established under subsection (b) shall not 

exceed the amount established in such account for such 

individual; and 

(D) the allowable methods of payment under section 

2104(b)(2) shall apply to payments of amounts described 

in subparagraph (A)(ii). 

(5) COORDINATION RULE.—An agreement under this section 

shall apply with respect to a State only upon a determination 

by the Secretary that, under the State law or other applicable 

rules of such State, the payment of extended compensation 

for which an individual is otherwise eligible must be deferred 

until after the payment of any pandemic emergency unemployment compensation under subsection (b) for which the individual is concurrently eligible. 

(6) NONREDUCTION RULE.— (A) IN GENERAL.—An agreement under this section 

shall not apply (or shall cease to apply) with respect to 

a State upon a determination by the Secretary that the 

method governing the computation of regular compensation 

under the State law of that State has been modified in 

a manner such that the number of weeks (the maximum 

benefit entitlement), or the average weekly benefit amount, 

of regular compensation which will be payable during the 

period of the agreement will be less than the number 

of weeks, or the average weekly benefit amount, of the 

average weekly benefit amount of regular compensation 

which would otherwise have been payable during such 

period under the State law, as in effect on January 1, 

2020. 

(B) MAXIMUM BENEFIT ENTITLEMENT.—In subparagraph (A), the term ‘‘maximum benefit entitlement’’ means 

the amount of regular unemployment compensation payable to an individual with respect to the individual’s benefit 

year. 

(7) ACTIVELY SEEKING WORK.— 
H. R. 748—45 

(A) IN GENERAL.—Subject to subparagraph (C), for purposes of paragraph (2)(D), the term ‘‘actively seeking work’’ 

means, with respect to any individual, that such individual— 

(i) is registered for employment services in such 

a manner and to such extent as prescribed by the 

State agency; 

(ii) has engaged in an active search for employment 

that is appropriate in light of the employment available 

in the labor market, the individual’s skills and capabilities, and includes a number of employer contacts that 

is consistent with the standards communicated to the 

individual by the State; 

(iii) has maintained a record of such work search, 

including employers contacted, method of contact, and 

date contacted; and 

(iv) when requested, has provided such work 

search record to the State agency. 

(B) FLEXIBILITY.—Notwithstanding the requirements 

under subparagraph (A) and paragraph (2)(D), a State shall 

provide flexibility in meeting such requirements in case 

of individuals unable to search for work because of COVID– 

19, including because of illness, quarantine, or movement 

restriction. 

(b) PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION

ACCOUNT.— 

(1) IN GENERAL.—Any agreement under this section shall 

provide that the State will establish, for each eligible individual 

who files an application for pandemic emergency unemployment 

compensation, an pandemic emergency unemployment compensation account with respect to such individual’s benefit year. 

(2) AMOUNT IN ACCOUNT.—The amount established in an 

account under subsection (a) shall be equal to 13 times the 

individual’s average weekly benefit amount, which includes 

the amount of Federal Pandemic Unemployment Compensation 

under section 2104, for the benefit year. 

(3) WEEKLY BENEFIT AMOUNT.—For purposes of this subsection, an individual’s weekly benefit amount for any week 

is the amount of regular compensation (including dependents’ 

allowances) under the State law payable to such individual 

for such week for total unemployment plus the amount of 

Federal Pandemic Unemployment Compensation under section 

2104. 

(c) PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.— (1) IN GENERAL.—There shall be paid to each State that 

has entered into an agreement under this section an amount 

equal to 100 percent of the pandemic emergency unemployment 

compensation paid to individuals by the State pursuant to 

such agreement. 

(2) TREATMENT OF REIMBURSABLE COMPENSATION.—No payment shall be made to any State under this section in respect 

of any compensation to the extent the State is entitled to 

reimbursement in respect of such compensation under the provisions of any Federal law other than this section or chapter 

85 of title 5, United States Code. A State shall not be entitled 

to any reimbursement under such chapter 85 in respect of 
H. R. 748—46 

any compensation to the extent the State is entitled to 

reimbursement under this section in respect of such compensation. 

(3) DETERMINATION OF AMOUNT.—Sums payable to any 

State by reason of such State having an agreement under 

this section shall be payable, either in advance or by way 

of reimbursement (as may be determined by the Secretary), 

in such amounts as the Secretary estimates the State will 

be entitled to receive under this section for each calendar 

month, reduced or increased, as the case may be, by any amount 

by which the Secretary finds that the Secretary’s estimates 

for any prior calendar month were greater or less than the 

amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, 

or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

(d) FINANCING PROVISIONS.— 

(1) COMPENSATION.— 

(A) IN GENERAL.—Funds in the extended unemployment compensation account (as established by section 

905(a) of the Social Security Act (42 U.S.C. 1105(a)) of 

the Unemployment Trust Fund (as established by section 

904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 

the making of payments to States having agreements 

entered into under this section. 

(B) TRANSFER OF FUNDS.—Notwithstanding any other 

provision of law, the Secretary of the Treasury shall 

transfer from the general fund of the Treasury (from funds 

not otherwise appropriated) to the extended unemployment 

compensation account such sums as the Secretary of Labor 

estimates to be necessary to make payments described 

in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, 

the sums referred to in the preceding sentence and such 

sums shall not be required to be repaid. 

(2) ADMINISTRATION.— 

(A) IN GENERAL.—There are appropriated out of the 

employment security administration account (as established by section 901(a) of the Social Security Act (42 

U.S.C. 1101(a)) of the Unemployment Trust Fund, without 

fiscal year limitation, such funds as may be necessary 

for purposes of assisting States (as provided in title III 

of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting 

the costs of administration of agreements under this section. 

(B) TRANSFER OF FUNDS.—Notwithstanding any other 

provision of law, the Secretary of the Treasury shall 

transfer from the general fund of the Treasury (from funds 

not otherwise appropriated) to the employment security 

administration account such sums as the Secretary of Labor 

estimates to be necessary to make payments described 

in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, 

the sums referred to in the preceding sentence and such 

sums shall not be required to be repaid. 

(3) CERTIFICATION.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 
H. R. 748—47 

State the sums payable to such State under this subsection. 

The Secretary of the Treasury, prior to audit or settlement 

by the Government Accountability Office, shall make payments 

to the State in accordance with such certification, by transfers 

from the extended unemployment compensation account (as 

so established) to the account of such State in the Unemployment Trust Fund (as so established). 

(e) FRAUD AND OVERPAYMENTS.— 

(1) IN GENERAL.—If an individual knowingly has made, 

or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused 

another to fail, to disclose a material fact, and as a result 

of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic emergency unemployment compensation under this section to which 

such individual was not entitled, such individual— 

(A) shall be ineligible for further pandemic emergency 

unemployment compensation under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection 

with a claim for unemployment compensation; and 

(B) shall be subject to prosecution under section 1001 

of title 18, United States Code. 

(2) REPAYMENT.—In the case of individuals who have 

received amounts of pandemic emergency unemployment compensation under this section to which they were not entitled, 

the State shall require such individuals to repay the amounts 

of such pandemic emergency unemployment compensation to 

the State agency, except that the State agency may waive 

such repayment if it determines that— 

(A) the payment of such pandemic emergency 

unemployment compensation was without fault on the part 

of any such individual; and 

(B) such repayment would be contrary to equity and 

good conscience. 

(3) RECOVERY BY STATE AGENCY.— 

(A) IN GENERAL.—The State agency shall recover the 

amount to be repaid, or any part thereof, by deductions 

from any pandemic emergency unemployment compensation payable to such individual under this section or from 

any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under 

any other State or Federal law administered by the State 

agency which provides for the payment of any assistance 

or allowance with respect to any week of unemployment, 

during the 3-year period after the date such individuals 

received the payment of the pandemic emergency 

unemployment compensation to which they were not entitled, in accordance with the same procedures as apply 

to the recovery of overpayments of regular unemployment 

benefits paid by the State. 

(B) OPPORTUNITY FOR HEARING.—No repayment shall 

be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity 

for a fair hearing has been given to the individual, and 

the determination has become final. 
H. R. 748—48 

(4) REVIEW.—Any determination by a State agency under 

this section shall be subject to review in the same manner 

and to the same extent as determinations under the State 

unemployment compensation law, and only in that manner 

and to that extent. 

(f) DEFINITIONS.—In this section, the terms ‘‘compensation’’, 

‘‘regular compensation’’, ‘‘extended compensation’’, ‘‘benefit year’’, 

‘‘base period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have 

the respective meanings given such terms under section 205 of 

the Federal-State Extended Unemployment Compensation Act of 

1970 (26 U.S.C. 3304 note). 

(g) APPLICABILITY.—An agreement entered into under this section shall apply to weeks of unemployment— 

(1) beginning after the date on which such agreement is 

entered into; and 

(2) ending on or before December 31, 2020. 

SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 

PAYMENTS IN STATES WITH PROGRAMS IN LAW. 

(a) PAYMENTS TO STATES.— 

(1) IN GENERAL.—Subject to paragraph (3), there shall be 

paid to a State an amount equal to 100 percent of the amount 

of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal 

Revenue Code of 1986) under the provisions of the State law. 

(2) TERMS OF PAYMENTS.—Payments made to a State under 

paragraph (1) shall be payable by way of reimbursement in 

such amounts as the Secretary estimates the State will be 

entitled to receive under this section for each calendar month, 

reduced or increased, as the case may be, by any amount 

by which the Secretary finds that the Secretary’s estimates 

for any prior calendar month were greater or less than the 

amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, 

or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

(3) LIMITATIONS ON PAYMENTS.— (A) GENERAL PAYMENT LIMITATIONS.—No payments 

shall be made to a State under this section for shorttime compensation paid to an individual by the State 

during a benefit year in excess of 26 times the amount 

of regular compensation (including dependents’ allowances) 

under the State law payable to such individual for a week 

of total unemployment. 

(B) EMPLOYER LIMITATIONS.—No payments shall be 

made to a State under this section for benefits paid to 

an individual by the State under a short-time compensation 

program if such individual is employed by the participating 

employer on a seasonal, temporary, or intermittent basis. 

(b) APPLICABILITY.—Payments to a State under subsection (a) 

shall be available for weeks of unemployment— 

(1) beginning on or after the date of the enactment of 

this Act; and 

(2) ending on or before December 31, 2020. 

(c) NEW PROGRAMS.—Subject to subsection (b)(2), if at any 

point after the date of the enactment of this Act the State enacts 

a State law providing for the payment of short-time compensation 
H. R. 748—49 

under a short-time compensation program that meets the definition 

of such a program under section 3306(v) of the Internal Revenue 

Code of 1986, the State shall be eligible for payments under this 

section after the effective date of such enactment. 

(d) FUNDING AND CERTIFICATIONS.— 

(1) FUNDING.—There are appropriated, out of moneys in 

the Treasury not otherwise appropriated, such sums as may 

be necessary for purposes of carrying out this section. 

(2) CERTIFICATIONS.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. 

(e) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, 

‘‘State agency’’, and ‘‘State law’’ have the meanings given those 

terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 

(f) TECHNICAL CORRECTION TO DEFINITION.—Section 3306(v)(6) 

of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended 

by striking ‘‘Workforce Investment Act of 1998’’ and inserting 

‘‘Workforce Innovation and Opportunity Act’’. 

SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 

AGREEMENTS. 

(a) FEDERAL-STATE AGREEMENTS.— 

(1) IN GENERAL.—Any State which desires to do so may 

enter into, and participate in, an agreement under this section 

with the Secretary provided that such State’s law does not 

provide for the payment of short-time compensation under a 

short-time compensation program (as defined in section 3306(v) 

of the Internal Revenue Code of 1986). 

(2) ABILITY TO TERMINATE.—Any State which is a party 

to an agreement under this section may, upon providing 30 

days’ written notice to the Secretary, terminate such agreement. 

(b) PROVISIONS OF FEDERAL-STATE AGREEMENT.— 

(1) IN GENERAL.—Any agreement under this section shall 

provide that the State agency of the State will make payments 

of short-time compensation under a plan approved by the State. 

Such plan shall provide that payments are made in accordance 

with the requirements under section 3306(v) of the Internal 

Revenue Code of 1986. 

(2) LIMITATIONS ON PLANS.— 

(A) GENERAL PAYMENT LIMITATIONS.—A short-time 

compensation plan approved by a State shall not permit 

the payment of short-time compensation to an individual 

by the State during a benefit year in excess of 26 times 

the amount of regular compensation (including dependents’ 

allowances) under the State law payable to such individual 

for a week of total unemployment. 

(B) EMPLOYER LIMITATIONS.—A short-time compensation plan approved by a State shall not provide payments 

to an individual if such individual is employed by the 

participating employer on a seasonal, temporary, or intermittent basis. 

(3) EMPLOYER PAYMENT OF COSTS.—Any short-time compensation plan entered into by an employer must provide that 
H. R. 748—50 

the employer will pay the State an amount equal to onehalf of the amount of short-time compensation paid under such 

plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating 

an employer’s contribution rate under section 3303(a)(1) of the 

Internal Revenue Code of 1986. 

(c) PAYMENTS TO STATES.— 

(1) IN GENERAL.—There shall be paid to each State with 

an agreement under this section an amount equal to— 

(A) one-half of the amount of short-time compensation 

paid to individuals by the State pursuant to such agreement; and 

(B) any additional administrative expenses incurred 

by the State by reason of such agreement (as determined 

by the Secretary). 

(2) TERMS OF PAYMENTS.—Payments made to a State under 

paragraph (1) shall be payable by way of reimbursement in 

such amounts as the Secretary estimates the State will be 

entitled to receive under this section for each calendar month, 

reduced or increased, as the case may be, by any amount 

by which the Secretary finds that the Secretary’s estimates 

for any prior calendar month were greater or less than the 

amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, 

or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

(3) FUNDING.—There are appropriated, out of moneys in 

the Treasury not otherwise appropriated, such sums as may 

be necessary for purposes of carrying out this section. 

(4) CERTIFICATIONS.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. 

(d) APPLICABILITY.—An agreement entered into under this section shall apply to weeks of unemployment— 

(1) beginning on or after the date on which such agreement 

is entered into; and 

(2) ending on or before December 31, 2020. 

(e) SPECIAL RULE.—If a State has entered into an agreement 

under this section and subsequently enacts a State law providing 

for the payment of short-time compensation under a short-time 

compensation program that meets the definition of such a program 

under section 3306(v) of the Internal Revenue Code of 1986, the 

State— 

(1) shall not be eligible for payments under this section 

for weeks of unemployment beginning after the effective date 

of such State law; and 

(2) subject to section 2108(b)(2), shall be eligible to receive 

payments under section 2108 after the effective date of such 

State law. 

(f) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, 

‘‘State agency’’, and ‘‘State law’’ have the meanings given those 

terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 
H. R. 748—51 

SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS. 

(a) GRANTS.— (1) FOR IMPLEMENTATION OR IMPROVED ADMINISTRATION.— The Secretary shall award grants to States that enact shorttime compensation programs (as defined in subsection (i)(2)) 

for the purpose of implementation or improved administration 

of such programs. 

(2) FOR PROMOTION AND ENROLLMENT.—The Secretary shall 

award grants to States that are eligible and submit plans 

for a grant under paragraph (1) for such States to promote 

and enroll employers in short-time compensation programs (as 

so defined). 

(3) ELIGIBILITY.— (A) IN GENERAL.—The Secretary shall determine eligibility criteria for the grants under paragraphs (1) and 

(2). 

(B) CLARIFICATION.—A State administering a shorttime compensation program that does not meet the definition of a short-time compensation program under section 

3306(v) of the Internal Revenue Code of 1986, and a State 

with an agreement under section 2109, shall not be eligible 

to receive a grant under this section until such time as 

the State law of the State provides for payments under 

a short-time compensation program that meets such definition and such law. 

(b) AMOUNT OF GRANTS.— 

(1) IN GENERAL.—The maximum amount available for 

making grants to a State under paragraphs (1) and (2) shall 

be equal to the amount obtained by multiplying $100,000,000 

(less the amount used by the Secretary under subsection (e)) 

by the same ratio as would apply under subsection (a)(2)(B) 

of section 903 of the Social Security Act (42 U.S.C. 1103) 

for purposes of determining such State’s share of any excess 

amount (as described in subsection (a)(1) of such section) that 

would have been subject to transfer to State accounts, as of 

October 1, 2019, under the provisions of subsection (a) of such 

section. 

(2) AMOUNT AVAILABLE FOR DIFFERENT GRANTS.—Of the 

maximum incentive payment determined under paragraph (1) 

with respect to a State— 

(A) one-third shall be available for a grant under subsection (a)(1); and 

(B) two-thirds shall be available for a grant under 

subsection (a)(2). 

(c) GRANT APPLICATION AND DISBURSAL.— (1) APPLICATION.—Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application 

to the Secretary at such time, in such manner, and complete 

with such information as the Secretary may require. In no 

case may the Secretary award a grant under this section with 

respect to an application that is submitted after December 

31, 2023. 

(2) NOTICE.—The Secretary shall, within 30 days after 

receiving a complete application, notify the State agency of 

the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of 

subsection (a). 
H. R. 748—52 

(3) CERTIFICATION.—If the Secretary finds that the State 

law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification 

to that effect to the Secretary of the Treasury, together with 

a certification as to the amount of the grant payment to be 

transferred to the State account in the Unemployment Trust 

Fund (as established in section 904(a) of the Social Security 

Act (42 U.S.C. 1104(a))) pursuant to that finding. The Secretary 

of the Treasury shall make the appropriate transfer to the 

State account within 7 days after receiving such certification. 

(4) REQUIREMENT.—No certification of compliance with the 

requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose— 

(A) State law is not otherwise eligible for certification 

under section 303 of the Social Security Act (42 U.S.C. 

503) or approvable under section 3304 of the Internal Revenue Code of 1986; or 

(B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 

months of the certification. 

(d) USE OF FUNDS.—The amount of any grant awarded under 

this section shall be used for the implementation of short-time 

compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with 

such programs, such as through— 

(1) the creation or support of rapid response teams to 

advise employers about alternatives to layoffs; 

(2) the provision of education or assistance to employers 

to enable them to assess the feasibility of participating in 

short-time compensation programs; and 

(3) the development or enhancement of systems to automate— 

(A) the submission and approval of plans; and 

(B) the filing and approval of new and ongoing shorttime compensation claims. 

(e) ADMINISTRATION.—The Secretary is authorized to use 0.25 

percent of the funds available under subsection (g) to provide for 

outreach and to share best practices with respect to this section 

and short-time compensation programs. 

(f) RECOUPMENT.—The Secretary shall establish a process under 

which the Secretary shall recoup the amount of any grant awarded 

under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date 

that any such grant is awarded to the State, the State— 

(1) terminated the State’s short-time compensation program; or 

(2) failed to meet appropriate requirements with respect 

to such program (as established by the Secretary). 

(g) FUNDING.—There are appropriated, out of moneys in the 

Treasury not otherwise appropriated, to the Secretary, $100,000,000 

to carry out this section, to remain available without fiscal year 

limitation. 

(h) REPORTING.—The Secretary may establish reporting requirements for States receiving a grant under this section in order 

to provide oversight of grant funds. 

(i) DEFINITIONS.—In this section: 
H. R. 748—53 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) SHORT-TIME COMPENSATION PROGRAM.—The term ‘‘shorttime compensation program’’ has the meaning given such term 

in section 3306(v) of the Internal Revenue Code of 1986. 

(3) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, 

‘‘State agency’’, and ‘‘State law’’ have the meanings given those 

terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 

SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. 

(a) IN GENERAL.—In order to assist States in establishing, 

qualifying, and implementing short-time compensation programs 

(as defined in section 3306(v) of the Internal Revenue Code of 

1986), the Secretary of Labor (in this section referred to as the 

‘‘Secretary’’) shall— 

(1) develop model legislative language, or disseminate 

existing model legislative language, which may be used by 

States in developing and enacting such programs, and periodically review and revise such model legislative language; 

(2) provide technical assistance and guidance in developing, 

enacting, and implementing such programs; and 

(3) establish reporting requirements for States, including 

reporting on— 

(A) the number of estimated averted layoffs; 

(B) the number of participating employers and workers; 

and 

(C) such other items as the Secretary of Labor determines are appropriate. 

(b) MODEL LANGUAGE AND GUIDANCE.—The model language 

and guidance developed under subsection (a) shall allow sufficient 

flexibility by States and participating employers while ensuring 

accountability and program integrity. 

(c) CONSULTATION.—In developing the model legislative language and guidance under subsection (a), and in order to meet 

the requirements of subsection (b), the Secretary shall consult with 

employers, labor organizations, State workforce agencies, and other 

program experts. Existing model legislative language that has been 

developed through such a consultative process shall be deemed 

to meet the consultation requirement of this subsection. 

(d) REPEAL.—Section 4104 of the Emergency Unemployment 

Stabilization and Access Act of 2020 (contained in division D of 

the Families First Coronavirus Response Act) is repealed. 

SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS 

UNDER THE RAILROAD UNEMPLOYMENT INSURANCE 

ACT. 

(a) NO WAITING WEEK.—With respect to any registration period 

beginning after the date of enactment of this Act and ending on 

or before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of 

section 2(a)(1) of the Railroad Unemployment Insurance Act (45 

U.S.C. 352(a)(1)) shall not apply. 

(b) OPERATING INSTRUCTIONS AND REGULATIONS.—The Railroad 

Retirement Board may prescribe any operating instructions or regulations necessary to carry out this section. 

(c) FUNDING.—Out of any funds in the Treasury not otherwise 

appropriated, there are appropriated $50,000,000 to cover the costs 

of additional benefits payable due to the application of subsection 
H. R. 748—54 

(a). Upon the exhaustion of the funds appropriated under this 

subsection, subsection (a) shall no longer apply with respect to 

any registration period beginning after the date of exhaustion of 

funds. 

(d) DEFINITION OF REGISTRATION PERIOD.—For purposes of this 

section, the term ‘‘registration period’’ has the meaning given such 

term under section 1 of the Railroad Unemployment Insurance 

Act (45 U.S.C. 351). 

SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. 

Section 2(a) of the Railroad Unemployment Insurance Act (45 

U.S.C. § 352(a)) is amended by adding at the end the following: 

‘‘(5)(A) Notwithstanding paragraph (3), subsection (c)(1)(B), and 

any other limitation on total benefits in this Act, for registration 

periods beginning on or after April 1, 2020, but on or before July 

31, 2020, a recovery benefit in the amount of $1,200 shall be 

payable to a qualified employee with respect to any registration 

period in which the employee received unemployment benefits under 

paragraph (1)(A), and in any registration period in which the 

employee did not receive unemployment benefits due to the limitation in subsection (c)(1)(B) or due to reaching the maximum number 

of days of benefits in the benefit year beginning July 1, 2019, 

under subsection (c)(1)(A). No recovery benefits shall be payable 

under this section upon the exhaustion of the funds appropriated 

under subparagraph (B) for payment of benefits under this subparagraph. 

‘‘(B) Out of any funds in the Treasury not otherwise appropriated, there are appropriated $425,000,000 to cover the cost of 

recovery benefits provided under subparagraph (A), to remain available until expended.’’. 

SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. 

(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Railroad 

Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is 

amended— 

(1) by striking ‘‘July 1, 2008’’ and inserting ‘‘July 1, 2019’’; 

(2) by striking ‘‘June 30, 2013’’ and inserting ‘‘June 30, 

2020’’; and 

(3) by striking ‘‘December 31, 2013’’ and inserting 

‘‘December 31, 2020’’. 

(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds 

appropriated under either the first or second sentence of clause 

(iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance 

Act shall be available to cover the cost of additional extended 

unemployment benefits provided under such section 2(c)(2)(D) by 

reason of the amendments made by subsection (a) as well as to 

cover the cost of such benefits provided under such section 2(c)(2)(D) 

as in effect on the day before the date of enactment of this Act. 

SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR GENERAL 

FOR OVERSIGHT OF UNEMPLOYMENT PROVISIONS. 

There are appropriated, out of moneys in the Treasury not 

otherwise appropriated, to the Office of the Inspector General of 

the Department of Labor, $25,000,000 to carry out audits, investigations, and other oversight activities authorized under the Inspector 
H. R. 748—55 

General Act of 1978 (5 U.S.C. App.) that are related to the provisions of, and amendments made by, this subtitle, to remain available without fiscal year limitation. 

SEC. 2116. IMPLEMENTATION. 

(a) NON-APPLICATION OF THE PAPERWORK REDUCTION ACT.— 

Chapter 35 of title 44, United States Code (commonly referred 

to as the ‘‘Paperwork Reduction Act of 1995’’), shall not apply 

to the provisions of, and the amendments made by, this subtitle. 

(b) OPERATING INSTRUCTIONS OR OTHER GUIDANCE.—Notwithstanding any other provision of law, the Secretary of Labor may 

issue any operating instructions or other guidance necessary to 

carry out the provisions of, or the amendments made by, this 

subtitle. 

Subtitle B—Rebates and Other Individual 

Provisions 

SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS. 

(a) IN GENERAL.—Subchapter B of chapter 65 of subtitle F 

of the Internal Revenue Code of 1986 is amended by inserting 

after section 6427 the following new section: 

‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS. 

‘‘(a) IN GENERAL.—In the case of an eligible individual, there 

shall be allowed as a credit against the tax imposed by subtitle 

A for the first taxable year beginning in 2020 an amount equal 

to the sum of— 

‘‘(1) $1,200 ($2,400 in the case of eligible individuals filing 

a joint return), plus 

‘‘(2) an amount equal to the product of $500 multiplied 

by the number of qualifying children (within the meaning of 

section 24(c)) of the taxpayer. 

‘‘(b) TREATMENT OF CREDIT.—The credit allowed by subsection 

(a) shall be treated as allowed by subpart C of part IV of subchapter 

A of chapter 1. 

‘‘(c) LIMITATION BASED ON ADJUSTED GROSS INCOME.—The 

amount of the credit allowed by subsection (a) (determined without 

regard to this subsection and subsection (e)) shall be reduced (but 

not below zero) by 5 percent of so much of the taxpayer’s adjusted 

gross income as exceeds— ‘‘(1) $150,000 in the case of a joint return, 

‘‘(2) $112,500 in the case of a head of household, and 

‘‘(3) $75,000 in the case of a taxpayer not described in 

paragraph (1) or (2). 

‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this section, the 

term ‘eligible individual’ means any individual other than— 

‘‘(1) any nonresident alien individual, 

‘‘(2) any individual with respect to whom a deduction under 

section 151 is allowable to another taxpayer for a taxable 

year beginning in the calendar year in which the individual’s 

taxable year begins, and 

‘‘(3) an estate or trust. 

‘‘(e) COORDINATION WITH ADVANCE REFUNDS OF CREDIT.— ‘‘(1) IN GENERAL.—The amount of credit which would (but 

for this paragraph) be allowable under this section shall be 
H. R. 748—56 

reduced (but not below zero) by the aggregate refunds and 

credits made or allowed to the taxpayer under subsection (f). 

Any failure to so reduce the credit shall be treated as arising 

out of a mathematical or clerical error and assessed according 

to section 6213(b)(1). 

‘‘(2) JOINT RETURNS.—In the case of a refund or credit 

made or allowed under subsection (f) with respect to a joint 

return, half of such refund or credit shall be treated as having 

been made or allowed to each individual filing such return. 

‘‘(f) ADVANCE REFUNDS AND CREDITS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (5), each individual 

who was an eligible individual for such individual’s first taxable 

year beginning in 2019 shall be treated as having made a 

payment against the tax imposed by chapter 1 for such taxable 

year in an amount equal to the advance refund amount for 

such taxable year. 

‘‘(2) ADVANCE REFUND AMOUNT.—For purposes of paragraph 

(1), the advance refund amount is the amount that would 

have been allowed as a credit under this section for such 

taxable year if this section (other than subsection (e) and this 

subsection) had applied to such taxable year. 

‘‘(3) TIMING AND MANNER OF PAYMENTS.— 

‘‘(A) TIMING.—The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. No refund 

or credit shall be made or allowed under this subsection 

after December 31, 2020. 

‘‘(B) DELIVERY OF PAYMENTS.—Notwithstanding any 

other provision of law, the Secretary may certify and disburse refunds payable under this subsection electronically 

to any account to which the payee authorized, on or after 

January 1, 2018, the delivery of a refund of taxes under 

this title or of a Federal payment (as defined in section 

3332 of title 31, United States Code). 

‘‘(C) WAIVER OF CERTAIN RULES.—Notwithstanding section 3325 of title 31, United States Code, or any other 

provision of law, with respect to any payment of a refund 

under this subsection, a disbursing official in the executive 

branch of the United States Government may modify payment information received from an officer or employee 

described in section 3325(a)(1)(B) of such title for the purpose of facilitating the accurate and efficient delivery of 

such payment. Except in cases of fraud or reckless neglect, 

no liability under sections 3325, 3527, 3528, or 3529 of 

title 31, United States Code, shall be imposed with respect 

to payments made under this subparagraph. 

‘‘(4) NO INTEREST.—No interest shall be allowed on any 

overpayment attributable to this section. 

‘‘(5) ALTERNATE TAXABLE YEAR.—In the case of an individual who, at the time of any determination made pursuant 

to paragraph (3), has not filed a tax return for the year 

described in paragraph (1), the Secretary may— 

‘‘(A) apply such paragraph by substituting ‘2018’ for 

‘2019’, and 

‘‘(B) if the individual has not filed a tax return for 

such individual’s first taxable year beginning in 2018, use 
H. R. 748—57 

information with respect to such individual for calendar 

year 2019 provided in— 

‘‘(i) Form SSA–1099, Social Security Benefit Statement, or 

‘‘(ii) Form RRB–1099, Social Security Equivalent 

Benefit Statement. 

‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 days after 

the date on which the Secretary distributed any payment to 

an eligible taxpayer pursuant to this subsection, notice shall 

be sent by mail to such taxpayer’s last known address. Such 

notice shall indicate the method by which such payment was 

made, the amount of such payment, and a phone number for 

the appropriate point of contact at the Internal Revenue Service 

to report any failure to receive such payment. 

‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 

‘‘(1) IN GENERAL.—No credit shall be allowed under subsection (a) to an eligible individual who does not include on 

the return of tax for the taxable year— 

‘‘(A) such individual’s valid identification number, 

‘‘(B) in the case of a joint return, the valid identification 

number of such individual’s spouse, and 

‘‘(C) in the case of any qualifying child taken into 

account under subsection (a)(2), the valid identification 

number of such qualifying child. 

‘‘(2) VALID IDENTIFICATION NUMBER.— 

‘‘(A) IN GENERAL.—For purposes of paragraph (1), the 

term ‘valid identification number’ means a social security 

number (as such term is defined in section 24(h)(7)). 

‘‘(B) ADOPTION TAXPAYER IDENTIFICATION NUMBER.— 

For purposes of paragraph (1)(C), in the case of a qualifying 

child who is adopted or placed for adoption, the term ‘valid 

identification number’ shall include the adoption taxpayer 

identification number of such child. 

‘‘(3) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES.— 

Paragraph (1)(B) shall not apply in the case where at least 

1 spouse was a member of the Armed Forces of the United 

States at any time during the taxable year and at least 1 

spouse satisfies paragraph (1)(A). 

‘‘(4) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Any 

omission of a correct valid identification number required under 

this subsection shall be treated as a mathematical or clerical 

error for purposes of applying section 6213(g)(2) to such omission. 

‘‘(h) REGULATIONS.—The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the 

purposes of this section, including any such measures as are deemed 

appropriate to avoid allowing multiple credits or rebates to a taxpayer.’’. 

(b) ADMINISTRATIVE AMENDMENTS.— (1) DEFINITION OF DEFICIENCY.—Section 6211(b)(4)(A) of 

the Internal Revenue Code of 1986 is amended by striking 

‘‘and 36B, 168(k)(4)’’ and inserting ‘‘36B, and 6428’’. 

(2) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Section 6213(g)(2)(L) of such Code is amended by striking ‘‘or 

32’’ and inserting ‘‘32, or 6428’’. 

(c) TREATMENT OF POSSESSIONS.— 

(1) PAYMENTS TO POSSESSIONS.— 
H. R. 748—58 

(A) MIRROR CODE POSSESSION.—The Secretary of the 

Treasury shall pay to each possession of the United States 

which has a mirror code tax system amounts equal to 

the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. 

(B) OTHER POSSESSIONS.—The Secretary of the 

Treasury shall pay to each possession of the United States 

which does not have a mirror code tax system amounts 

estimated by the Secretary of the Treasury as being equal 

to the aggregate benefits (if any) that would have been 

provided to residents of such possession by reason of the 

amendments made by this section if a mirror code tax 

system had been in effect in such possession. The preceding 

sentence shall not apply unless the respective possession 

has a plan, which has been approved by the Secretary 

of the Treasury, under which such possession will promptly 

distribute such payments to its residents. 

(2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED

STATES INCOME TAXES.—No credit shall be allowed against 

United States income taxes under section 6428 of the Internal 

Revenue Code of 1986 (as added by this section) to any person— 

(A) to whom a credit is allowed against taxes imposed 

by the possession by reason of the amendments made by 

this section, or 

(B) who is eligible for a payment under a plan described 

in paragraph (1)(B). 

(3) DEFINITIONS AND SPECIAL RULES.— 

(A) POSSESSION OF THE UNITED STATES.—For purposes 

of this subsection, the term ‘‘possession of the United 

States’’ includes the Commonwealth of Puerto Rico and 

the Commonwealth of the Northern Mariana Islands. 

(B) MIRROR CODE TAX SYSTEM.—For purposes of this 

subsection, the term ‘‘mirror code tax system’’ means, with 

respect to any possession of the United States, the income 

tax system of such possession if the income tax liability 

of the residents of such possession under such system is 

determined by reference to the income tax laws of the 

United States as if such possession were the United States. 

(C) TREATMENT OF PAYMENTS.—For purposes of section 

1324 of title 31, United States Code, the payments under 

this subsection shall be treated in the same manner as 

a refund due from a credit provision referred to in subsection (b)(2) of such section. 

(d) EXCEPTION FROM REDUCTION OR OFFSET.—Any credit or 

refund allowed or made to any individual by reason of section 

6428 of the Internal Revenue Code of 1986 (as added by this 

section) or by reason of subsection (c) of this section shall not 

be— 

(1) subject to reduction or offset pursuant to section 3716 

or 3720A of title 31, United States Code, 

(2) subject to reduction or offset pursuant to subsection 

(d), (e), or (f) of section 6402 of the Internal Revenue Code 

of 1986, or 
H. R. 748—59 

(3) reduced or offset by other assessed Federal taxes that 

would otherwise be subject to levy or collection. 

(e) PUBLIC AWARENESS CAMPAIGN.—The Secretary of the 

Treasury (or the Secretary’s delegate) shall conduct a public awareness campaign, in coordination with the Commissioner of Social 

Security and the heads of other relevant Federal agencies, to provide 

information regarding the availability of the credit and rebate 

allowed under section 6428 of the Internal Revenue Code of 1986 

(as added by this section), including information with respect to 

individuals who may not have filed a tax return for taxable year 

2018 or 2019. 

(f) APPROPRIATIONS TO CARRY OUT REBATES.— 

(1) IN GENERAL.—Immediately upon the enactment of this 

Act, the following sums are appropriated, out of any money 

in the Treasury not otherwise appropriated, for the fiscal year 

ending September 30, 2020: 

(A) DEPARTMENT OF THE TREASURY.— 

(i) For an additional amount for ‘‘Department of 

the Treasury—Bureau of the Fiscal Service—Salaries 

and Expenses’’, $78,650,000, to remain available until 

September 30, 2021. 

(ii) For an additional amount for ‘‘Department of 

the Treasury—Internal Revenue Service—Taxpayer 

Services’’, $293,500,000, to remain available until September 30, 2021. 

(iii) For an additional amount for ‘‘Department 

of the Treasury—Internal Revenue Service—Operations Support’’, $170,000,000, to remain available 

until September 30, 2021. 

(iv) For an additional amount for ‘‘Department 

of Treasury—Internal Revenue Service—Enforcement’’, 

$37,200,000, to remain available until September 30, 

2021. 

Amounts made available in appropriations under clauses 

(ii), (iii), and (iv) of this subparagraph may be transferred 

between such appropriations upon the advance notification 

of the Committees on Appropriations of the House of Representatives and the Senate. Such transfer authority is 

in addition to any other transfer authority provided by 

law. 

(B) SOCIAL SECURITY ADMINISTRATION.—For an additional amount for ‘‘Social Security Administration—Limitation on Administrative Expenses’’, $38,000,000, to remain 

available until September 30, 2021. 

(2) REPORTS.—No later than 15 days after enactment of 

this Act, the Secretary of the Treasury shall submit a plan 

to the Committees on Appropriations of the House of Representatives and the Senate detailing the expected use of the funds 

provided by paragraph (1)(A). Beginning 90 days after enactment of this Act, the Secretary of the Treasury shall submit 

a quarterly report to the Committees on Appropriations of 

the House of Representatives and the Senate detailing the 

actual expenditure of funds provided by paragraph (1)(A) and 

the expected expenditure of such funds in the subsequent 

quarter. 

(g) CONFORMING AMENDMENTS.— 
H. R. 748—60 

(1) Paragraph (2) of section 1324(b) of title 31, United 

States Code, is amended by inserting ‘‘6428,’’ after ‘‘54B(h),’’. 

(2) The table of sections for subchapter B of chapter 65 

of subtitle F of the Internal Revenue Code of 1986 is amended 

by inserting after the item relating to section 6427 the following: 

‘‘Sec. 6428. 2020 Recovery Rebates for individuals.’’. 

SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT FUNDS. 

(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.— (1) IN GENERAL.—Section 72(t) of the Internal Revenue 

Code of 1986 shall not apply to any coronavirus-related distribution. 

(2) AGGREGATE DOLLAR LIMITATION.— (A) IN GENERAL.—For purposes of this subsection, the 

aggregate amount of distributions received by an individual 

which may be treated as coronavirus-related distributions 

for any taxable year shall not exceed $100,000. 

(B) TREATMENT OF PLAN DISTRIBUTIONS.—If a distribution to an individual would (without regard to subparagraph (A)) be a coronavirus-related distribution, a plan 

shall not be treated as violating any requirement of the 

Internal Revenue Code of 1986 merely because the plan 

treats such distribution as a coronavirus-related distribution, unless the aggregate amount of such distributions 

from all plans maintained by the employer (and any 

member of any controlled group which includes the 

employer) to such individual exceeds $100,000. 

(C) CONTROLLED GROUP.—For purposes of subparagraph (B), the term ‘‘controlled group’’ means any group 

treated as a single employer under subsection (b), (c), (m), 

or (o) of section 414 of the Internal Revenue Code of 1986. 

(3) AMOUNT DISTRIBUTED MAY BE REPAID.— 

(A) IN GENERAL.—Any individual who receives a 

coronavirus-related distribution may, at any time during 

the 3-year period beginning on the day after the date 

on which such distribution was received, make 1 or more 

contributions in an aggregate amount not to exceed the 

amount of such distribution to an eligible retirement plan 

of which such individual is a beneficiary and to which 

a rollover contribution of such distribution could be made 

under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 

457(e)(16), of the Internal Revenue Code of 1986, as the 

case may be. 

(B) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS

FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.—For 

purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with 

respect to a coronavirus-related distribution from an 

eligible retirement plan other than an individual retirement 

plan, then the taxpayer shall, to the extent of the amount 

of the contribution, be treated as having received the 

coronavirus-related distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) 

and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 

60 days of the distribution. 
H. R. 748—61 

(C) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS

FROM IRAS.—For purposes of the Internal Revenue Code 

of 1986, if a contribution is made pursuant to subparagraph 

(A) with respect to a coronavirus-related distribution from 

an individual retirement plan (as defined by section 

7701(a)(37) of such Code), then, to the extent of the amount 

of the contribution, the coronavirus-related distribution 

shall be treated as a distribution described in section 

408(d)(3) of such Code and as having been transferred 

to the eligible retirement plan in a direct trustee to trustee 

transfer within 60 days of the distribution. 

(4) DEFINITIONS.—For purposes of this subsection— 

(A) CORONAVIRUS-RELATED DISTRIBUTION.—Except as 

provided in paragraph (2), the term ‘‘coronavirus-related 

distribution’’ means any distribution from an eligible retirement plan made— 

(i) on or after January 1, 2020, and before 

December 31, 2020, 

(ii) to an individual— 

(I) who is diagnosed with the virus SARS– 

CoV–2 or with coronavirus disease 2019 (COVID– 

19) by a test approved by the Centers for Disease 

Control and Prevention, 

(II) whose spouse or dependent (as defined 

in section 152 of the Internal Revenue Code of 

1986) is diagnosed with such virus or disease by 

such a test, or 

(III) who experiences adverse financial consequences as a result of being quarantined, being 

furloughed or laid off or having work hours reduced 

due to such virus or disease, being unable to work 

due to lack of child care due to such virus or 

disease, closing or reducing hours of a business 

owned or operated by the individual due to such 

virus or disease, or other factors as determined 

by the Secretary of the Treasury (or the Secretary’s 

delegate). 

(B) EMPLOYEE CERTIFICATION.—The administrator of 

an eligible retirement plan may rely on an employee’s 

certification that the employee satisfies the conditions of 

subparagraph (A)(ii) in determining whether any distribution is a coronavirus-related distribution. 

(C) ELIGIBLE RETIREMENT PLAN.—The term ‘‘eligible 

retirement plan’’ has the meaning given such term by 

section 402(c)(8)(B) of the Internal Revenue Code of 1986. 

(5) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.— (A) IN GENERAL.—In the case of any coronavirusrelated distribution, unless the taxpayer elects not to have 

this paragraph apply for any taxable year, any amount 

required to be included in gross income for such taxable 

year shall be so included ratably over the 3-taxable-year 

period beginning with such taxable year. 

(B) SPECIAL RULE.—For purposes of subparagraph (A), 

rules similar to the rules of subparagraph (E) of section 

408A(d)(3) of the Internal Revenue Code of 1986 shall 

apply. 

(6) SPECIAL RULES.— 
H. R. 748—62 

(A) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO

TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal 

Revenue Code of 1986, coronavirus-related distributions 

shall not be treated as eligible rollover distributions. 

(B) CORONAVIRUS-RELATED DISTRIBUTIONS TREATED AS

MEETING PLAN DISTRIBUTION REQUIREMENTS.—For purposes 

of the Internal Revenue Code of 1986, a coronavirus-related 

distribution shall be treated as meeting the requirements 

of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 

457(d)(1)(A) of such Code and section 8433(h)(1) of title 

5, United States Code. 

(b) LOANS FROM QUALIFIED PLANS.— 

(1) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBUTIONS.—In the case of any loan from a qualified employer 

plan (as defined under section 72(p)(4) of the Internal Revenue 

Code of 1986) to a qualified individual made during the 180- 

day period beginning on the date of the enactment of this 

Act— 

(A) clause (i) of section 72(p)(2)(A) of such Code shall 

be applied by substituting ‘‘$100,000’’ for ‘‘$50,000’’, and 

(B) clause (ii) of such section shall be applied by substituting ‘‘the present value of the nonforfeitable accrued 

benefit of the employee under the plan’’ for ‘‘one-half of 

the present value of the nonforfeitable accrued benefit of 

the employee under the plan’’. 

(2) DELAY OF REPAYMENT.—In the case of a qualified individual with an outstanding loan (on or after the date of the 

enactment of this Act) from a qualified employer plan (as 

defined in section 72(p)(4) of the Internal Revenue Code of 

1986)— 

(A) if the due date pursuant to subparagraph (B) or 

(C) of section 72(p)(2) of such Code for any repayment 

with respect to such loan occurs during the period beginning on the date of the enactment of this Act and ending 

on December 31, 2020, such due date shall be delayed 

for 1 year, 

(B) any subsequent repayments with respect to any 

such loan shall be appropriately adjusted to reflect the 

delay in the due date under subparagraph (A) and any 

interest accruing during such delay, and 

(C) in determining the 5-year period and the term 

of a loan under subparagraph (B) or (C) of section 72(p)(2) 

of such Code, the period described in subparagraph (A) 

of this paragraph shall be disregarded. 

(3) QUALIFIED INDIVIDUAL.—For purposes of this subsection, 

the term ‘‘qualified individual’’ means any individual who is 

described in subsection (a)(4)(A)(ii). 

(c) PROVISIONS RELATING TO PLAN AMENDMENTS.— (1) IN GENERAL.—If this subsection applies to any amendment to any plan or annuity contract— 

(A) such plan or contract shall be treated as being 

operated in accordance with the terms of the plan during 

the period described in paragraph (2)(B)(i), and 

(B) except as provided by the Secretary of the Treasury 

(or the Secretary’s delegate), such plan or contract shall 

not fail to meet the requirements of section 411(d)(6) of 
H. R. 748—63 

the Internal Revenue Code of 1986 and section 204(g) of 

the Employee Retirement Income Security Act of 1974 by 

reason of such amendment. 

(2) AMENDMENTS TO WHICH SUBSECTION APPLIES.— 

(A) IN GENERAL.—This subsection shall apply to any 

amendment to any plan or annuity contract which is 

made— 

(i) pursuant to any provision of this section, or 

pursuant to any regulation issued by the Secretary 

of the Treasury or the Secretary of Labor (or the delegate of either such Secretary) under any provision of 

this section, and 

(ii) on or before the last day of the first plan 

year beginning on or after January 1, 2022, or such 

later date as the Secretary of the Treasury (or the 

Secretary’s delegate) may prescribe. 

In the case of a governmental plan (as defined in section 

414(d) of the Internal Revenue Code of 1986), clause (ii) 

shall be applied by substituting the date which is 2 years 

after the date otherwise applied under clause (ii). 

(B) CONDITIONS.—This subsection shall not apply to 

any amendment unless— 

(i) during the period— 

(I) beginning on the date that this section 

or the regulation described in subparagraph (A)(i) 

takes effect (or in the case of a plan or contract 

amendment not required by this section or such 

regulation, the effective date specified by the plan), 

and 

(II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or 

contract amendment is adopted), 

the plan or contract is operated as if such plan or 

contract amendment were in effect, and 

(ii) such plan or contract amendment applies retroactively for such period. 

SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND 

ACCOUNTS. 

(a) IN GENERAL.—Section 401(a)(9) of the Internal Revenue 

Code of 1986 is amended by adding at the end the following new 

subparagraph: 

‘‘(I) TEMPORARY WAIVER OF MINIMUM REQUIRED DISTRIBUTION.— 

‘‘(i) IN GENERAL.—The requirements of this paragraph shall not apply for calendar year 2020 to— 

‘‘(I) a defined contribution plan which is 

described in this subsection or in section 403(a) 

or 403(b), 

‘‘(II) a defined contribution plan which is an 

eligible deferred compensation plan described in 

section 457(b) but only if such plan is maintained 

by an employer described in section 457(e)(1)(A), 

or 

‘‘(III) an individual retirement plan. 
H. R. 748—64 

‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING DATES

IN 2020.—Clause (i) shall apply to any distribution 

which is required to be made in calendar year 2020 

by reason of— 

‘‘(I) a required beginning date occurring in 

such calendar year, and 

‘‘(II) such distribution not having been made 

before January 1, 2020. 

‘‘(iii) SPECIAL RULES REGARDING WAIVER PERIOD.— 

For purposes of this paragraph— 

‘‘(I) the required beginning date with respect 

to any individual shall be determined without 

regard to this subparagraph for purposes of 

applying this paragraph for calendar years after 

2020, and 

‘‘(II) if clause (ii) of subparagraph (B) applies, 

the 5-year period described in such clause shall 

be determined without regard to calendar year 

2020.’’. 

(b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 402(c)(4) of 

the Internal Revenue Code of 1986 is amended by striking ‘‘2009’’ 

each place it appears in the last sentence and inserting ‘‘2020’’. 

(c) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by this section 

shall apply for calendar years beginning after December 31, 

2019. 

(2) PROVISIONS RELATING TO PLAN OR CONTRACT AMENDMENTS.— 

(A) IN GENERAL.—If this paragraph applies to any plan 

or contract amendment— 

(i) such plan or contract shall not fail to be treated 

as being operated in accordance with the terms of 

the plan during the period described in subparagraph 

(B)(ii) solely because the plan operates in accordance 

with this section, and 

(ii) except as provided by the Secretary of the 

Treasury (or the Secretary’s delegate), such plan or 

contract shall not fail to meet the requirements of 

section 411(d)(6) of the Internal Revenue Code of 1986 

and section 204(g) of the Employee Retirement Income 

Security Act of 1974 by reason of such amendment. 

(B) AMENDMENTS TO WHICH PARAGRAPH APPLIES.— 

(i) IN GENERAL.—This paragraph shall apply to 

any amendment to any plan or annuity contract 

which— 

(I) is made pursuant to the amendments made 

by this section, and 

(II) is made on or before the last day of the 

first plan year beginning on or after January 1, 

2022. 

In the case of a governmental plan, subclause (II) 

shall be applied by substituting ‘‘2024’’ for ‘‘2022’’. 

(ii) CONDITIONS.—This paragraph shall not apply 

to any amendment unless during the period beginning 

on the effective date of the amendment and ending 

on December 31, 2020, the plan or contract is operated 

as if such plan or contract amendment were in effect. 
H. R. 748—65 

SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION 

FOR CHARITABLE CONTRIBUTIONS. 

(a) IN GENERAL.—Section 62(a) of the Internal Revenue Code 

of 1986 is amended by inserting after paragraph (21) the following 

new paragraph: 

‘‘(22) CHARITABLE CONTRIBUTIONS.—In the case of taxable 

years beginning in 2020, the amount (not to exceed $300) 

of qualified charitable contributions made by an eligible individual during the taxable year.’’. 

(b) DEFINITIONS.—Section 62 of such Code is amended by adding 

at the end the following new subsection: 

‘‘(f) DEFINITIONS RELATING TO QUALIFIED CHARITABLE CONTRIBUTIONS.—For purposes of subsection (a)(22)— 

‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ 

means any individual who does not elect to itemize deductions. 

‘‘(2) QUALIFIED CHARITABLE CONTRIBUTIONS.—The term 

‘qualified charitable contribution’ means a charitable contribution (as defined in section 170(c))— 

‘‘(A) which is made in cash, 

‘‘(B) for which a deduction is allowable under section 

170 (determined without regard to subsection (b) thereof), 

and 

‘‘(C) which is— 

‘‘(i) made to an organization described in section 

170(b)(1)(A), and 

‘‘(ii) not— 

‘‘(I) to an organization described in section 

509(a)(3), or 

‘‘(II) for the establishment of a new, or maintenance of an existing, donor advised fund (as 

defined in section 4966(d)(2)). 

Such term shall not include any amount which is 

treated as a charitable contribution made in such taxable year by reason of subsection (b)(1)(G)(ii) or (d)(1) 

of section 170.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2019. 

SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS DURING 2020. 

(a) TEMPORARY SUSPENSION OF LIMITATIONS ON CERTAIN CASH

CONTRIBUTIONS.— (1) IN GENERAL.—Except as otherwise provided in paragraph (2), qualified contributions shall be disregarded in 

applying subsections (b) and (d) of section 170 of the Internal 

Revenue Code of 1986. 

(2) TREATMENT OF EXCESS CONTRIBUTIONS.—For purposes 

of section 170 of the Internal Revenue Code of 1986— 

(A) INDIVIDUALS.—In the case of an individual— 

(i) LIMITATION.—Any qualified contribution shall 

be allowed as a deduction only to the extent that 

the aggregate of such contributions does not exceed 

the excess of the taxpayer’s contribution base (as 

defined in subparagraph (H) of section 170(b)(1) of 

such Code) over the amount of all other charitable 

contributions allowed under section 170(b)(1) of such 

Code. 
H. R. 748—66 

(ii) CARRYOVER.—If the aggregate amount of qualified contributions made in the contribution year 

(within the meaning of section 170(d)(1) of such Code) 

exceeds the limitation of clause (i), such excess shall 

be added to the excess described in section 

170(b)(1)(G)(ii). 

(B) CORPORATIONS.—In the case of a corporation— 

(i) LIMITATION.—Any qualified contribution shall 

be allowed as a deduction only to the extent that 

the aggregate of such contributions does not exceed 

the excess of 25 percent of the taxpayer’s taxable 

income (as determined under paragraph (2) of section 

170(b) of such Code) over the amount of all other 

charitable contributions allowed under such paragraph. 

(ii) CARRYOVER.—If the aggregate amount of qualified contributions made in the contribution year 

(within the meaning of section 170(d)(2) of such Code) 

exceeds the limitation of clause (i), such excess shall 

be appropriately taken into account under section 

170(d)(2) subject to the limitations thereof. 

(3) QUALIFIED CONTRIBUTIONS.— 

(A) IN GENERAL.—For purposes of this subsection, the 

term ‘‘qualified contribution’’ means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if— 

(i) such contribution is paid in cash during calendar year 2020 to an organization described in section 

170(b)(1)(A) of such Code, and 

(ii) the taxpayer has elected the application of 

this section with respect to such contribution. 

(B) EXCEPTION.—Such term shall not include a contribution by a donor if the contribution is— 

(i) to an organization described in section 509(a)(3) 

of the Internal Revenue Code of 1986, or 

(ii) for the establishment of a new, or maintenance 

of an existing, donor advised fund (as defined in section 

4966(d)(2) of such Code). 

(C) APPLICATION OF ELECTION TO PARTNERSHIPS AND

S CORPORATIONS.—In the case of a partnership or S corporation, the election under subparagraph (A)(ii) shall be made 

separately by each partner or shareholder. 

(b) INCREASE IN LIMITS ON CONTRIBUTIONS OF FOOD INVENTORY.—In the case of any charitable contribution of food during 

2020 to which section 170(e)(3)(C) of the Internal Revenue Code 

of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall 

each be applied by substituting ‘‘25 percent’’ for ‘‘15 percent.’’ 

(c) EFFECTIVE DATE.—This section shall apply to taxable years 

ending after December 31, 2019. 

SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS. 

(a) IN GENERAL.—Paragraph (1) of section 127(c) of the Internal 

Revenue Code of 1986 is amended by striking ‘‘and’’ at the end 

of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following 

new subparagraph: 
H. R. 748—67 

‘‘(B) in the case of payments made before January 

1, 2021, the payment by an employer, whether paid to 

the employee or to a lender, of principal or interest on 

any qualified education loan (as defined in section 

221(d)(1)) incurred by the employee for education of the 

employee, and’’. 

(b) CONFORMING AMENDMENT; DENIAL OF DOUBLE BENEFIT.— 

The first sentence of paragraph (1) of section 221(e) of the Internal 

Revenue Code of 1986 is amended by inserting before the period 

the following: ‘‘, or for which an exclusion is allowable under section 

127 to the taxpayer by reason of the payment by the taxpayer’s 

employer of any indebtedness on a qualified education loan of 

the taxpayer’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to payments made after the date of the enactment 

of this Act. 

Subtitle C—Business Provisions 

SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT 

TO CLOSURE DUE TO COVID–19. 

(a) IN GENERAL.—In the case of an eligible employer, there 

shall be allowed as a credit against applicable employment taxes 

for each calendar quarter an amount equal to 50 percent of the 

qualified wages with respect to each employee of such employer 

for such calendar quarter. 

(b) LIMITATIONS AND REFUNDABILITY.— 

(1) WAGES TAKEN INTO ACCOUNT.—The amount of qualified 

wages with respect to any employee which may be taken into 

account under subsection (a) by the eligible employer for all 

calendar quarters shall not exceed $10,000. 

(2) CREDIT LIMITED TO EMPLOYMENT TAXES.—The credit 

allowed by subsection (a) with respect to any calendar quarter 

shall not exceed the applicable employment taxes (reduced by 

any credits allowed under subsections (e) and (f) of section 

3111 of the Internal Revenue Code of 1986 and sections 7001 

and 7003 of the Families First Coronavirus Response Act) on 

the wages paid with respect to the employment of all the 

employees of the eligible employer for such calendar quarter. 

(3) REFUNDABILITY OF EXCESS CREDIT.— 

(A) IN GENERAL.—If the amount of the credit under 

subsection (a) exceeds the limitation of paragraph (2) for 

any calendar quarter, such excess shall be treated as an 

overpayment that shall be refunded under sections 6402(a) 

and 6413(b) of the Internal Revenue Code of 1986. 

(B) TREATMENT OF PAYMENTS.—For purposes of section 

1324 of title 31, United States Code, any amounts due 

to the employer under this paragraph shall be treated 

in the same manner as a refund due from a credit provision 

referred to in subsection (b)(2) of such section. 

(c) DEFINITIONS.—For purposes of this section— 

(1) APPLICABLE EMPLOYMENT TAXES.—The term ‘‘applicable 

employment taxes’’ means the following: 

(A) The taxes imposed under section 3111(a) of the 

Internal Revenue Code of 1986. 
H. R. 748—68 

(B) So much of the taxes imposed under section 3221(a) 

of such Code as are attributable to the rate in effect under 

section 3111(a) of such Code. 

(2) ELIGIBLE EMPLOYER.— 

(A) IN GENERAL.—The term ‘‘eligible employer’’ means 

any employer— 

(i) which was carrying on a trade or business 

during calendar year 2020, and 

(ii) with respect to any calendar quarter, for 

which— 

(I) the operation of the trade or business 

described in clause (i) is fully or partially suspended during the calendar quarter due to orders 

from an appropriate governmental authority limiting commerce, travel, or group meetings (for 

commercial, social, religious, or other purposes) 

due to the coronavirus disease 2019 (COVID–19), 

or 

(II) such calendar quarter is within the period 

described in subparagraph (B). 

(B) SIGNIFICANT DECLINE IN GROSS RECEIPTS.—The 

period described in this subparagraph is the period— 

(i) beginning with the first calendar quarter beginning after December 31, 2019, for which gross receipts 

(within the meaning of section 448(c) of the Internal 

Revenue Code of 1986) for the calendar quarter are 

less than 50 percent of gross receipts for the same 

calendar quarter in the prior year, and 

(ii) ending with the calendar quarter following the 

first calendar quarter beginning after a calendar 

quarter described in clause (i) for which gross receipts 

of such employer are greater than 80 percent of gross 

receipts for the same calendar quarter in the prior 

year. 

(C) TAX-EXEMPT ORGANIZATIONS.—In the case of an 

organization which is described in section 501(c) of the 

Internal Revenue Code of 1986 and exempt from tax under 

section 501(a) of such Code, clauses (i) and (ii)(I) of subparagraph (A) shall apply to all operations of such organization. 

(3) QUALIFIED WAGES.— 

(A) IN GENERAL.—The term ‘‘qualified wages’’ means— 

(i) in the case of an eligible employer for which 

the average number of full-time employees (within the 

meaning of section 4980H of the Internal Revenue 

Code of 1986) employed by such eligible employer 

during 2019 was greater than 100, wages paid by 

such eligible employer with respect to which an 

employee is not providing services due to circumstances 

described in subclause (I) or (II) of paragraph (2)(A)(ii), 

or 

(ii) in the case of an eligible employer for which 

the average number of full-time employees (within the 

meaning of section 4980H of the Internal Revenue 

Code of 1986) employed by such eligible employer 

during 2019 was not greater than 100— 

(I) with respect to an eligible employer 

described in subclause (I) of paragraph (2)(A)(ii), 
H. R. 748—69 

wages paid by such eligible employer with respect 

to an employee during any period described in 

such clause, or 

(II) with respect to an eligible employer 

described in subclause (II) of such paragraph, 

wages paid by such eligible employer with respect 

to an employee during such quarter. 

Such term shall not include any wages taken into account 

under section 7001 or section 7003 of the Families First 

Coronavirus Response Act. 

(B) LIMITATION.—Qualified wages paid or incurred by 

an eligible employer described in subparagraph (A)(i) with 

respect to an employee for any period described in such 

subparagraph may not exceed the amount such employee 

would have been paid for working an equivalent duration 

during the 30 days immediately preceding such period. 

(C) ALLOWANCE FOR CERTAIN HEALTH PLAN EXPENSES.— 

(i) IN GENERAL.—The term ‘‘qualified wages’’ shall 

include so much of the eligible employer’s qualified 

health plan expenses as are properly allocable to such 

wages. 

(ii) QUALIFIED HEALTH PLAN EXPENSES.—For purposes of this paragraph, the term ‘‘qualified health 

plan expenses’’ means amounts paid or incurred by 

the eligible employer to provide and maintain a group 

health plan (as defined in section 5000(b)(1) of the 

Internal Revenue Code of 1986), but only to the extent 

that such amounts are excluded from the gross income 

of employees by reason of section 106(a) of such Code. 

(iii) ALLOCATION RULES.—For purposes of this 

paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. Except as otherwise provided 

by the Secretary, such allocation shall be treated as 

properly made if made on the basis of being pro rata 

among employees and pro rata on the basis of periods 

of coverage (relative to the periods to which such wages 

relate). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury or the Secretary’s delegate. 

(5) WAGES.—The term ‘‘wages’’ means wages (as defined 

in section 3121(a) of the Internal Revenue Code of 1986) and 

compensation (as defined in section 3231(e) of such Code). 

(6) OTHER TERMS.—Any term used in this section which 

is also used in chapter 21 or 22 of the Internal Revenue Code 

of 1986 shall have the same meaning as when used in such 

chapter. 

(d) AGGREGATION RULE.—All persons treated as a single 

employer under subsection (a) or (b) of section 52 of the Internal 

Revenue Code of 1986, or subsection (m) or (o) of section 414 

of such Code, shall be treated as one employer for purposes of 

this section. 

(e) CERTAIN RULES TO APPLY.—For purposes of this section, 

rules similar to the rules of sections 51(i)(1) and 280C(a) of the 

Internal Revenue Code of 1986 shall apply. 

(f) CERTAIN GOVERNMENTAL EMPLOYERS.—This credit shall not 

apply to the Government of the United States, the government 
H. R. 748—70 

of any State or political subdivision thereof, or any agency or 

instrumentality of any of the foregoing. 

(g) ELECTION NOT TO HAVE SECTION APPLY.—This section shall 

not apply with respect to any eligible employer for any calendar 

quarter if such employer elects (at such time and in such manner 

as the Secretary may prescribe) not to have this section apply. 

(h) SPECIAL RULES.— 

(1) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE THAN

ONCE.—An employee shall not be included for purposes of this 

section for any period with respect to any employer if such 

employer is allowed a credit under section 51 of the Internal 

Revenue Code of 1986 with respect to such employee for such 

period. 

(2) DENIAL OF DOUBLE BENEFIT.—Any wages taken into 

account in determining the credit allowed under this section 

shall not be taken into account for purposes of determining 

the credit allowed under section 45S of such Code. 

(3) THIRD PARTY PAYORS.—Any credit allowed under this 

section shall be treated as a credit described in section 

3511(d)(2) of such Code. 

(i) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE

TRUST FUND.—There are hereby appropriated to the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability 

Insurance Trust Fund established under section 201 of the Social 

Security Act (42 U.S.C. 401) and the Social Security Equivalent 

Benefit Account established under section 15A(a) of the Railroad 

Retirement Act of 1974 (45 U.S.C. 14 231n–1(a)) amounts equal 

to the reduction in revenues to the Treasury by reason of this 

section (without regard to this subsection). Amounts appropriated 

by the preceding sentence shall be transferred from the general 

fund at such times and in such manner as to replicate to the 

extent possible the transfers which would have occurred to such 

Trust Fund or Account had this section not been enacted. 

(j) RULE FOR EMPLOYERS TAKING SMALL BUSINESS INTERRUP- TION LOAN.—If an eligible employer receives a covered loan under 

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

636(a)), as added by section 1102 of this Act, such employer shall 

not be eligible for the credit under this section. 

(k) TREATMENT OF DEPOSITS.—The Secretary shall waive any 

penalty under section 6656 of the Internal Revenue Code of 1986 

for any failure to make a deposit of any applicable employment 

taxes if the Secretary determines that such failure was due to 

the reasonable anticipation of the credit allowed under this section. 

(l) REGULATIONS AND GUIDANCE.—The Secretary shall issue 

such forms, instructions, regulations, and guidance as are necessary— 

(1) to allow the advance payment of the credit under subsection (a), subject to the limitations provided in this section, 

based on such information as the Secretary shall require, 

(2) to provide for the reconciliation of such advance payment with the amount advanced at the time of filing the return 

of tax for the applicable calendar quarter or taxable year, 

(3) to provide for the recapture of the credit under this 

section if such credit is allowed to a taxpayer which receives 

a loan described in subsection (j) during a subsequent quarter, 

(4) with respect to the application of the credit under 

subsection (a) to third party payors (including professional 
H. R. 748—71 

employer organizations, certified professional employer 

organizations, or agents under section 3504 of the Internal 

Revenue Code of 1986), including regulations or guidance 

allowing such payors to submit documentation necessary to 

substantiate the eligible employer status of employers that 

use such payors, and 

(5) for application of subparagraphs (A)(ii)(II) and (B) of 

subsection (c)(2) in the case of any employer which was not 

carrying on a trade or business for all or part of the same 

calendar quarter in the prior year. 

(m) APPLICATION.—This section shall only apply to wages paid 

after March 12, 2020, and before January 1, 2021. 

SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES. 

(a) IN GENERAL.— 

(1) TAXES.—Notwithstanding any other provision of law, 

the payment for applicable employment taxes for the payroll 

tax deferral period shall not be due before the applicable date. 

(2) DEPOSITS.—Notwithstanding section 6302 of the 

Internal Revenue Code of 1986, an employer shall be treated 

as having timely made all deposits of applicable employment 

taxes that are required to be made (without regard to this 

section) for such taxes during the payroll tax deferral period 

if all such deposits are made not later than the applicable 

date. 

(3) EXCEPTION.—This subsection shall not apply to any 

taxpayer if such taxpayer has had indebtedness forgiven under 

section 1106 of this Act with respect to a loan under paragraph 

(36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), 

as added by section 1102 of this Act, or indebtedness forgiven 

under section 1109 of this Act. 

(b) SECA.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the payment for 50 percent of the taxes imposed under 

section 1401(a) of the Internal Revenue Code of 1986 for the 

payroll tax deferral period shall not be due before the applicable 

date. 

(2) ESTIMATED TAXES.—For purposes of applying section 

6654 of the Internal Revenue Code of 1986 to any taxable 

year which includes any part of the payroll tax deferral period, 

50 percent of the taxes imposed under section 1401(a) of such 

Code for the payroll tax deferral period shall not be treated 

as taxes to which such section 6654 applies. 

(c) LIABILITY OF THIRD PARTIES.— 

(1) ACTS TO BE PERFORMED BY AGENTS.—For purposes of 

section 3504 of the Internal Revenue Code of 1986, in the 

case of any person designated pursuant to such section (and 

any regulations or other guidance issued by the Secretary with 

respect to such section) to perform acts otherwise required 

to be performed by an employer under such Code, if such 

employer directs such person to defer payment of any applicable 

employment taxes during the payroll tax deferral period under 

this section, such employer shall be solely liable for the payment 

of such applicable employment taxes before the applicable date 

for any wages paid by such person on behalf of such employer 

during such period. 
H. R. 748—72 

(2) CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.— 

For purposes of section 3511, in the case of a certified professional employer organization (as defined in subsection (a) of 

section 7705 of the Internal Revenue Code of 1986) that has 

entered into a service contract described in subsection (e)(2) 

of such section with a customer, if such customer directs such 

organization to defer payment of any applicable employment 

taxes during the payroll tax deferral period under this section, 

such customer shall, notwithstanding subsections (a) and (c) 

of section 3511, be solely liable for the payment of such 

applicable employment taxes before the applicable date for 

any wages paid by such organization to any work site employee 

performing services for such customer during such period. 

(d) DEFINITIONS.—For purposes of this section— 

(1) APPLICABLE EMPLOYMENT TAXES.—The term ‘‘applicable 

employment taxes’’ means the following: 

(A) The taxes imposed under section 3111(a) of the 

Internal Revenue Code of 1986. 

(B) So much of the taxes imposed under section 3211(a) 

of such Code as are attributable to the rate in effect under 

section 3111(a) of such Code. 

(C) So much of the taxes imposed under section 3221(a) 

of such Code as are attributable to the rate in effect under 

section 3111(a) of such Code. 

(2) PAYROLL TAX DEFERRAL PERIOD.—The term ‘‘payroll tax 

deferral period’’ means the period beginning on the date of 

the enactment of this Act and ending before January 1, 2021. 

(3) APPLICABLE DATE.—The term ‘‘applicable date’’ means— 

(A) December 31, 2021, with respect to 50 percent 

of the amounts to which subsection (a) or (b), as the case 

may be, apply, and 

(B) December 31, 2022, with respect to the remaining 

such amounts. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury (or the Secretary’s delegate). 

(e) TRUST FUNDS HELD HARMLESS.—There are hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to the Federal Old-Age and Survivors 

Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund established under section 201 of the Social Security Act (42 

U.S.C. 401) and the Social Security Equivalent Benefit Account 

established under section 15A(a) of the Railroad Retirement Act 

of 1974 (45 U.S.C. 231n–1(a)) an amount equal to the reduction 

in the transfers to such fund for such fiscal year by reason of 

this section. Amounts appropriated by the preceding sentence shall 

be transferred from the general fund at such times and in such 

manner as to replicate to the extent possible the transfers which 

would have occurred to such Trust Fund had such amendments 

not been enacted. 

(f) REGULATORY AUTHORITY.—The Secretary shall issue such 

regulations or other guidance as necessary to carry out the purposes 

of this section, including rules for the administration and enforcement of subsection (c). 

SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES. 

(a) TEMPORARY REPEAL OF TAXABLE INCOME LIMITATION.— 
H. R. 748—73 

(1) IN GENERAL.—The first sentence of section 172(a) of 

the Internal Revenue Code of 1986 is amended by striking 

‘‘an amount equal to’’ and all that follows and inserting ‘‘an 

amount equal to— 

‘‘(1) in the case of a taxable year beginning before January 

1, 2021, the aggregate of the net operating loss carryovers 

to such year, plus the net operating loss carrybacks to such 

year, and 

‘‘(2) in the case of a taxable year beginning after December 

31, 2020, the sum of— 

‘‘(A) the aggregate amount of net operating losses 

arising in taxable years beginning before January 1, 2018, 

carried to such taxable year, plus 

‘‘(B) the lesser of— 

‘‘(i) the aggregate amount of net operating losses 

arising in taxable years beginning after December 31, 

2017, carried to such taxable year, or 

‘‘(ii) 80 percent of the excess (if any) of— 

‘‘(I) taxable income computed without regard 

to the deductions under this section and sections 

199A and 250, over 

‘‘(II) the amount determined under subparagraph (A).’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 172(b)(2)(C) of such Code is amended to 

read as follows: 

‘‘(C) for taxable years beginning after December 31, 

2020, be reduced by 20 percent of the excess (if any) 

described in subsection (a)(2)(B)(ii) for such taxable year.’’. 

(B) Section 172(d)(6)(C) of such Code is amended by 

striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection 

(a)(2)(B)(ii)(I)’’. 

(C) Section 860E(a)(3)(B) of such Code is amended 

by striking all that follows ‘‘for purposes of’’ and inserting 

‘‘subsection (a)(2)(B)(ii)(I) and the second sentence of subsection (b)(2) of section 172.’’. 

(b) MODIFICATIONS OF RULES RELATING TO CARRYBACKS.— 

(1) IN GENERAL.—Section 172(b)(1) of the Internal Revenue 

Code of 1986 is amended by adding at the end the following 

new subparagraph: 

‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN 2018, 2019, 

AND 2020.— 

‘‘(i) IN GENERAL.—In the case of any net operating 

loss arising in a taxable year beginning after December 

31, 2017, and before January 1, 2021— 

‘‘(I) such loss shall be a net operating loss 

carryback to each of the 5 taxable years preceding 

the taxable year of such loss, and 

‘‘(II) subparagraphs (B) and (C)(i) shall not 

apply. 

‘‘(ii) SPECIAL RULES FOR REITS.—For purposes of 

this subparagraph— 

‘‘(I) IN GENERAL.—A net operating loss for a 

REIT year shall not be a net operating loss 

carryback to any taxable year preceding the taxable year of such loss. 
H. R. 748—74 

‘‘(II) SPECIAL RULE.—In the case of any net 

operating loss for a taxable year which is not a 

REIT year, such loss shall not be carried to any 

preceding taxable year which is a REIT year. 

‘‘(III) REIT YEAR.—For purposes of this 

subparagraph, the term ‘REIT year’ means any 

taxable year for which the provisions of part II 

of subchapter M (relating to real estate investment 

trusts) apply to the taxpayer. 

‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE COMPANIES.— In the case of a life insurance company, if 

a net operating loss is carried pursuant to clause (i)(I) 

to a life insurance company taxable year beginning 

before January 1, 2018, such net operating loss 

carryback shall be treated in the same manner as 

an operations loss carryback (within the meaning of 

section 810 as in effect before its repeal) of such company to such taxable year. 

‘‘(iv) RULE RELATING TO CARRYBACKS TO YEARS TO

WHICH SECTION 965 APPLIES.—If a net operating loss 

of a taxpayer is carried pursuant to clause (i)(I) to 

any taxable year in which an amount is includible 

in gross income by reason of section 965(a), the taxpayer shall be treated as having made the election 

under section 965(n) with respect to each such taxable 

year. 

‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER PARAGRAPH (3).— 

‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION

965 YEARS.— If the 5-year carryback period under 

clause (i)(I) with respect to any net operating loss 

of a taxpayer includes 1 or more taxable years 

in which an amount is includible in gross income 

by reason of section 965(a), the taxpayer may, 

in lieu of the election otherwise available under 

paragraph (3), elect under such paragraph to 

exclude all such taxable years from such carryback 

period. 

‘‘(II) TIME OF ELECTIONS.—An election under 

paragraph (3) (including an election described in 

subclause (I)) with respect to a net operating loss 

arising in a taxable year beginning in 2018 or 

2019 shall be made by the due date (including 

extensions of time) for filing the taxpayer’s return 

for the first taxable year ending after the date 

of the enactment of this subparagraph.’’. 

(2) CONFORMING AMENDMENT.—Section 172(b)(1)(A) of such 

Code, as amended by subsection (c)(2), is amended by striking 

‘‘and (C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’. 

(c) TECHNICAL AMENDMENT RELATING TO SECTION 13302 OF

PUBLIC LAW 115–97.— 

(1) Section 13302(e) of Public Law 115–97 is amended 

to read as follows: 

‘‘(e) EFFECTIVE DATES.— 

‘‘(1) NET OPERATING LOSS LIMITATION.—The amendments 

made by subsections (a) and (d)(2) shall apply to— 
H. R. 748—75 

‘‘(A) taxable years beginning after December 31, 2017, 

and 

‘‘(B) taxable years beginning on or before such date 

to which net operating losses arising in taxable years beginning after such date are carried. 

‘‘(2) CARRYOVERS AND CARRYBACKS.—The amendments 

made by subsections (b), (c), and (d)(1) shall apply to net 

operating losses arising in taxable years beginning after 

December 31, 2017.’’. 

(2) Section 172(b)(1)(A) of the Internal Revenue Code of 

1986 is amended to read as follows: 

‘‘(A) GENERAL RULE.—A net operating loss for any taxable year— 

‘‘(i) shall be a net operating loss carryback to the 

extent provided in subparagraphs (B) and (C)(i), and 

‘‘(ii) except as provided in subparagraph (C)(ii), 

shall be a net operating loss carryover— 

‘‘(I) in the case of a net operating loss arising 

in a taxable year beginning before January 1, 2018, 

to each of the 20 taxable years following the taxable year of the loss, and 

‘‘(II) in the case of a net operating loss arising 

in a taxable year beginning after December 31, 

2017, to each taxable year following the taxable 

year of the loss.’’. 

(d) EFFECTIVE DATES.— 

(1) NET OPERATING LOSS LIMITATION.—The amendments 

made by subsection (a) shall apply— 

(A) to taxable years beginning after December 31, 2017, 

and 

(B) to taxable years beginning on or before December 

31, 2017, to which net operating losses arising in taxable 

years beginning after December 31, 2017, are carried. 

(2) CARRYOVERS AND CARRYBACKS.—The amendment made 

by subsection (b) shall apply to— 

(A) net operating losses arising in taxable years beginning after December 31, 2017, and 

(B) taxable years beginning before, on, or after such 

date to which such net operating losses are carried. 

(3) TECHNICAL AMENDMENTS.—The amendments made by 

subsection (c) shall take effect as if included in the provisions 

of Public Law 115–97 to which they relate. 

(4) SPECIAL RULE.—In the case of a net operating loss 

arising in a taxable year beginning before January 1, 2018, 

and ending after December 31, 2017— 

(A) an application under section 6411(a) of the Internal 

Revenue Code of 1986 with respect to the carryback of 

such net operating loss shall not fail to be treated as 

timely filed if filed not later than the date which is 120 

days after the date of the enactment of this Act, and 

(B) an election to— 

(i) forgo any carryback of such net operating loss, 

(ii) reduce any period to which such net operating 

loss may be carried back, or 

(iii) revoke any election made under section 172(b) 

to forgo any carryback of such net operating loss, 
H. R. 748—76 

shall not fail to be treated as timely made if made not 

later than the date which is 120 days after the date of 

the enactment of this Act. 

SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS 

OTHER THAN CORPORATIONS. 

(a) IN GENERAL.—Section 461(l)(1) of the Internal Revenue 

Code of 1986 is amended to read as follows: 

‘‘(1) LIMITATION.—In the case of a taxpayer other than 

a corporation— 

‘‘(A) for any taxable year beginning after December 

31, 2017, and before January 1, 2026, subsection (j) 

(relating to limitation on excess farm losses of certain taxpayers) shall not apply, and 

‘‘(B) for any taxable year beginning after December 

31, 2020, and before January 1, 2026, any excess business 

loss of the taxpayer for the taxable year shall not be 

allowed.’’. 

(b) TECHNICAL AMENDMENTS RELATING TO SECTION 11012 OF

PUBLIC LAW 115–97.— 

(1) Section 461(l)(2) of the Internal Revenue Code of 1986 

is amended by striking ‘‘a net operating loss carryover to the 

following taxable year under section 172’’ and inserting ‘‘a 

net operating loss for the taxable year for purposes of determining any net operating loss carryover under section 172(b) 

for subsequent taxable years’’. 

(2) Section 461(l)(3)(A) of such Code is amended— 

(A) in clause (i), by inserting ‘‘and without regard 

to any deduction allowable under section 172 or 199A’’ 

after ‘‘under paragraph (1)’’, and 

(B) by adding at the end the following flush sentence: 

‘‘Such excess shall be determined without regard to any deductions, gross income, or gains attributable to any trade or business of performing services as an employee.’’. 

(3) Section 461(l)(3) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting 

after subparagraph (A) the following new subparagraph: 

‘‘(B) TREATMENT OF CAPITAL GAINS AND LOSSES.— 

‘‘(i) LOSSES.—Deductions for losses from sales or 

exchanges of capital assets shall not be taken into 

account under subparagraph (A)(i). 

‘‘(ii) GAINS.—The amount of gains from sales or 

exchanges of capital assets taken into account under 

subparagraph (A)(ii) shall not exceed the lesser of— 

‘‘(I) the capital gain net income determined 

by taking into account only gains and losses attributable to a trade or business, or 

‘‘(II) the capital gain net income.’’. 

(c) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by subsection 

(a) shall apply to taxable years beginning after December 31, 

2017. 

(2) TECHNICAL AMENDMENTS.—The amendments made by 

subsection (b) shall take effect as if included in the provisions 

of Public Law 115–97 to which they relate. 
H. R. 748—77 

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

LIABILITY OF CORPORATIONS. 

(a) IN GENERAL.—Section 53(e) of the Internal Revenue Code 

of 1986 is amended— 

(1) by striking ‘‘2018, 2019, 2020, or 2021’’ in paragraph 

(1) and inserting ‘‘2018 or 2019’’, and 

(2) by striking ‘‘2021’’ in paragraph (2) and inserting ‘‘2019’’. 

(b) ELECTION TO TAKE ENTIRE REFUNDABLE CREDIT AMOUNT

IN 2018.— 

(1) IN GENERAL.—Section 53(e) of such Code is amended 

by adding at the end the following new paragraph: 

‘‘(5) SPECIAL RULE.—In the case of a corporation making 

an election under this paragraph— 

‘‘(A) paragraph (1) shall not apply, and 

‘‘(B) subsection (c) shall not apply to the first taxable 

year of such corporation beginning in 2018.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2017. 

(d) SPECIAL RULE.— 

(1) IN GENERAL.—For purposes of the Internal Revenue 

Code of 1986, a credit or refund for which an application 

described in paragraph (2)(A) is filed shall be treated as made 

under section 6411 of such Code. 

(2) TENTATIVE REFUND.— 

(A) APPLICATION.—A taxpayer may file an application 

for a tentative refund of any amount for which a refund 

is due by reason of an election under section 53(e)(5) of 

the Internal Revenue Code of 1986. Such application shall 

be in such manner and form as the Secretary of the 

Treasury (or the Secretary’s delegate) may prescribe and 

shall— 

(i) be verified in the same manner as an application 

under section 6411(a) of such Code, 

(ii) be filed prior to December 31, 2020, and 

(iii) set forth— 

(I) the amount of the refundable credit claimed 

under section 53(e) of such Code for such taxable 

year, 

(II) the amount of the refundable credit 

claimed under such section for any previously filed 

return for such taxable year, and 

(III) the amount of the refund claimed. 

(B) ALLOWANCE OF ADJUSTMENTS.—Within a period of 

90 days from the date on which an application is filed 

under subparagraph (A), the Secretary of the Treasury 

(or the Secretary’s delegate) shall— 

(i) review the application, 

(ii) determine the amount of the overpayment, and 

(iii) apply, credit, or refund such overpayment, 

in a manner similar to the manner provided in section 

6411(b) of the Internal Revenue Code of 1986. 

(C) CONSOLIDATED RETURNS.—The provisions of section 

6411(c) of the Internal Revenue Code of 1986 Code shall 

apply to an adjustment under this paragraph to the same 

extent and manner as the Secretary of the Treasury (or 

the Secretary’s delegate) may provide. 
H. R. 748—78 

SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST. 

(a) IN GENERAL.—Section 163(j) of the Internal Revenue Code 

of 1986 is amended by redesignating paragraph (10) as paragraph 

(11) and by inserting after paragraph (9) the following new paragraph: 

‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BEGINNING IN 2019

AND 2020.— 

‘‘(A) IN GENERAL.— ‘‘(i) IN GENERAL.—Except as provided in clause 

(ii) or (iii), in the case of any taxable year beginning 

in 2019 or 2020, paragraph (1)(B) shall be applied 

by substituting ‘50 percent’ for ‘30 percent’. 

‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In the case 

of a partnership— 

‘‘(I) clause (i) shall not apply to any taxable 

year beginning in 2019, but 

‘‘(II) unless a partner elects not to have this 

subclause apply, in the case of any excess business 

interest of the partnership for any taxable year 

beginning in 2019 which is allocated to the partner 

under paragraph (4)(B)(i)(II)— 

‘‘(aa) 50 percent of such excess business 

interest shall be treated as business interest 

which, notwithstanding paragraph (4)(B)(ii), is 

paid or accrued by the partner in the partner’s 

first taxable year beginning in 2020 and which 

is not subject to the limits of paragraph (1), 

and 

‘‘(bb) 50 percent of such excess business 

interest shall be subject to the limitations of 

paragraph (4)(B)(ii) in the same manner as 

any other excess business interest so allocated. 

‘‘(iii) ELECTION OUT.—A taxpayer may elect, at 

such time and in such manner as the Secretary may 

prescribe, not to have clause (i) apply to any taxable 

year. Such an election, once made, may be revoked 

only with the consent of the Secretary. In the case 

of a partnership, any such election shall be made by 

the partnership and may be made only for taxable 

years beginning in 2020. 

‘‘(B) ELECTION TO USE 2019 ADJUSTED TAXABLE INCOME

FOR TAXABLE YEARS BEGINNING IN 2020.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), in the case 

of any taxable year beginning in 2020, the taxpayer 

may elect to apply this subsection by substituting the 

adjusted taxable income of the taxpayer for the last 

taxable year beginning in 2019 for the adjusted taxable 

income for such taxable year. In the case of a partnership, any such election shall be made by the partnership. 

‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE YEARS.— If an election is made under clause (i) for a taxable 

year which is a short taxable year, the adjusted taxable 

income for the taxpayer’s last taxable year beginning 

in 2019 which is substituted under clause (i) shall 

be equal to the amount which bears the same ratio 

to such adjusted taxable income determined without 
H. R. 748—79 

regard to this clause as the number of months in 

the short taxable year bears to 12’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2018. 

SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED 

IMPROVEMENT PROPERTY. 

(a) IN GENERAL.—Section 168 of the Internal Revenue Code 

of 1986 is amended— 

(1) in subsection (e)— 

(A) in paragraph (3)(E), by striking ‘‘and’’ at the end 

of clause (v), by striking the period at the end of clause 

(vi) and inserting ‘‘, and’’, and by adding at the end the 

following new clause: 

‘‘(vii) any qualified improvement property.’’, and 

(B) in paragraph (6)(A), by inserting ‘‘made by the 

taxpayer’’ after ‘‘any improvement’’, and 

(2) in the table contained in subsection (g)(3)(B)— 

(A) by striking the item relating to subparagraph 

(D)(v), and 

(B) by inserting after the item relating to subparagraph 

(E)(vi) the following new item: 

‘‘(E)(vii) ...................................................................................................... 20’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in section 13204 of Public Law 

115–97. 

SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL 

USED TO PRODUCE HAND SANITIZER. 

(a) IN GENERAL.—Section 5214(a) of the Internal Revenue Code 

of 1986 is amended— 

(1) in paragraph (13), by striking the period at the end 

and inserting ‘‘; or’’, and 

(2) by adding at the end the following new paragraph: 

‘‘(14) with respect to distilled spirits removed after 

December 31, 2019, and before January 1, 2021, free of tax 

for use in or contained in hand sanitizer produced and distributed in a manner consistent with any guidance issued by the 

Food and Drug Administration that is related to the outbreak 

of virus SARS–CoV–2 or coronavirus disease 2019 (COVID– 

19).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distilled spirits removed after December 31, 2019. 

(c) APPLICATION OF OTHER LAWS.—Any distilled spirits or 

product described in paragraph (14) of section 5214(a) of the 

Internal Revenue Code of 1986 (as added by this section) shall 

not be subject to any requirements related to labeling or bulk 

sales under— 

(1) section 105 or 106 of the Federal Alcohol Administration 

Act (27 U.S.C. 205, 206); or 

(2) section 204 of the Alcoholic Beverage Labeling Act of 

1988 (27 U.S.C. 215). 
H. R. 748—80 

TITLE III—SUPPORTING AMERICA’S 

HEALTH CARE SYSTEM IN THE FIGHT 

AGAINST THE CORONAVIRUS 

Subtitle A—Health Provisions 

SEC. 3001. SHORT TITLE. 

This subtitle may be cited as the ‘‘Coronavirus Aid, Relief, 

and Economic Security Act’’. 

PART I—ADDRESSING SUPPLY SHORTAGES 

Subpart A—Medical Product Supplies 

SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA’S MEDICAL 

PRODUCT SUPPLY CHAIN SECURITY. 

(a) IN GENERAL.—Not later than 60 days after the date of 

enactment of this Act, the Secretary of Health and Human Services 

shall enter into an agreement with the National Academies of 

Sciences, Engineering, and Medicine (referred to in this section 

as the ‘‘National Academies’’) to examine, and, in a manner that 

does not compromise national security, report on, the security of 

the United States medical product supply chain. 

(b) PURPOSES.—The report developed under this section shall— 

(1) assess and evaluate the dependence of the United 

States, including the private commercial sector, States, and 

the Federal Government, on critical drugs and devices that 

are sourced or manufactured outside of the United States, 

which may include an analysis of— 

(A) the supply chain of critical drugs and devices of 

greatest priority to providing health care; 

(B) any potential public health security or national 

security risks associated with reliance on critical drugs 

and devices sourced or manufactured outside of the United 

States, which may include responses to previous or existing 

shortages or public health emergencies, such as infectious 

disease outbreaks, bioterror attacks, and other public 

health threats; 

(C) any existing supply chain information gaps, as 

applicable; and 

(D) potential economic impact of increased domestic 

manufacturing; and 

(2) provide recommendations, which may include a plan 

to improve the resiliency of the supply chain for critical drugs 

and devices as described in paragraph (1), and to address 

any supply vulnerabilities or potential disruptions of such products that would significantly affect or pose a threat to public 

health security or national security, as appropriate, which may 

include strategies to— 

(A) promote supply chain redundancy and contingency 

planning; 

(B) encourage domestic manufacturing, including 

consideration of economic impacts, if any; 

(C) improve supply chain information gaps; 
H. R. 748—81 

(D) improve planning considerations for medical 

product supply chain capacity during public health emergencies; and 

(E) promote the accessibility of such drugs and devices. 

(c) INPUT.—In conducting the study and developing the report 

under subsection (b), the National Academies shall— 

(1) consider input from the Department of Health and 

Human Services, the Department of Homeland Security, the 

Department of Defense, the Department of Commerce, the 

Department of State, the Department of Veterans Affairs, the 

Department of Justice, and any other Federal agencies as 

appropriate; and 

(2) consult with relevant stakeholders, which may include 

conducting public meetings and other forms of engagement, 

as appropriate, with health care providers, medical professional 

societies, State-based societies, public health experts, State and 

local public health departments, State medical boards, patient 

groups, medical product manufacturers, health care distributors, wholesalers and group purchasing organizations, pharmacists, and other entities with experience in health care and 

public health, as appropriate. 

(d) DEFINITIONS.—In this section, the terms ‘‘device’’ and ‘‘drug’’ 

have the meanings given such terms in section 201 of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 321). 

SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO 

INCLUDE CERTAIN TYPES OF MEDICAL SUPPLIES. 

Section 319F–2(a)(1) of the Public Health Service Act (42 U.S.C. 

247d–6b(a)(1)) is amended by inserting ‘‘(including personal protective equipment, ancillary medical supplies, and other applicable 

supplies required for the administration of drugs, vaccines and 

other biological products, medical devices, and diagnostic tests in 

the stockpile)’’ after ‘‘other supplies’’. 

SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS 

COVERED COUNTERMEASURES. 

Section 319F–3(i)(1)(D) of the Public Health Service Act (42 

U.S.C. 247d–6d(i)(1)(D)) is amended to read as follows: 

‘‘(D) a respiratory protective device that is approved 

by the National Institute for Occupational Safety and 

Health under part 84 of title 42, Code of Federal Regulations (or any successor regulations), and that the Secretary 

determines to be a priority for use during a public health 

emergency declared under section 319.’’. 

Subpart B—Mitigating Emergency Drug Shortages 

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

Section 506C(g) of the Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 356c(g)) is amended— 

(1) in paragraph (1), by striking ‘‘the Secretary may’’ and 

inserting ‘‘the Secretary shall, as appropriate’’; 

(2) in paragraph (1), by inserting ‘‘prioritize and’’ before 

‘‘expedite the review’’; and 

(3) in paragraph (2), by inserting ‘‘prioritize and’’ before 

‘‘expedite an inspection’’. 
H. R. 748—82 

SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS 

IN RESPONSE TO DRUG SHORTAGES. 

(a) EXPANSION TO INCLUDE ACTIVE PHARMACEUTICAL INGREDI- ENTS.—Subsection (a) of section 506C of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 356c) is amended— 

(1) in paragraph (1)(C), by inserting ‘‘or any such drug 

that is critical to the public health during a public health 

emergency declared by the Secretary under section 319 of the 

Public Health Service Act’’ after ‘‘during surgery’’; and 

(2) in the flush text at the end— 

(A) by inserting ‘‘, or a permanent discontinuance in 

the manufacture of an active pharmaceutical ingredient 

or an interruption in the manufacture of the active pharmaceutical ingredient of such drug that is likely to lead to 

a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug,’’ before ‘‘and the reasons’’; 

and 

(B) by adding at the end the following: ‘‘Notification 

under this subsection shall include disclosure of reasons 

for the discontinuation or interruption, and if applicable, 

an active pharmaceutical ingredient is a reason for, or 

risk factor in, such discontinuation or interruption, the 

source of the active pharmaceutical ingredient and any 

alternative sources for the active pharmaceutical ingredient 

known by the manufacturer; whether any associated device 

used for preparation or administration included in the drug 

is a reason for, or a risk factor in, such discontinuation 

or interruption; the expected duration of the interruption; 

and such other information as the Secretary may require.’’. 

(b) RISK MANAGEMENT.—Section 506C of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 356c) is amended by adding 

at the end the following: 

‘‘(j) RISK MANAGEMENT PLANS.—Each manufacturer of a drug 

described in subsection (a) or of any active pharmaceutical ingredient or any associated medical device used for preparation or 

administration included in the drug, shall develop, maintain, and 

implement, as appropriate, a redundancy risk management plan 

that identifies and evaluates risks to the supply of the drug, as 

applicable, for each establishment in which such drug or active 

pharmaceutical ingredient of such drug is manufactured. A risk 

management plan under this section shall be subject to inspection 

and copying by the Secretary pursuant to an inspection or a request 

under section 704(a)(4).’’. 

(c) ANNUAL NOTIFICATION.—Section 506E of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 356e) is amended by adding 

at the end the following: 

‘‘(d) INTERAGENCY NOTIFICATION.—Not later than 180 days after 

the date of enactment of this subsection, and every 90 days thereafter, the Secretary shall transmit a report regarding the drugs 

of the current drug shortage list under this section to the Administrator of the Centers for Medicare & Medicaid Services.’’. 

(d) REPORTING AFTER INSPECTIONS.—Section 704(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended— 

(1) by redesignating paragraphs (1) and (2) and subparagraphs (A) and (B); 

(2) by striking ‘‘(b) Upon completion’’ and inserting ‘‘(b)(1) 

Upon completion’’; and 
H. R. 748—83 

(3) by adding at the end the following: 

‘‘(2) In carrying out this subsection with respect to any 

establishment manufacturing a drug approved under subsection 

(c) or (j) of section 505 for which a notification has been submitted 

in accordance with section 506C is, or has been in the last 5 

years, listed on the drug shortage list under section 506E, or that 

is described in section 505(j)(11)(A), a copy of the report shall 

be sent promptly to the appropriate offices of the Food and Drug 

Administration with expertise regarding drug shortages.’’. 

(e) REPORTING REQUIREMENT.—Section 510(j) of the Federal 

Food, Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3)(A) Each person who registers with the Secretary under 

this section with regard to a drug shall report annually to 

the Secretary on the amount of each drug listed under paragraph (1) that was manufactured, prepared, propagated, compounded, or processed by such person for commercial distribution. Such information may be required to be submitted in 

an electronic format as determined by the Secretary. The Secretary may require that information required to be reported 

under this paragraph be submitted at the time a public health 

emergency is declared by the Secretary under section 319 of 

the Public Health Service Act. 

‘‘(B) By order of the Secretary, certain biological products 

or categories of biological products regulated under section 351 

of the Public Health Service Act may be exempt from some 

or all of the reporting requirements under subparagraph (A), 

if the Secretary determines that applying such reporting 

requirements to such biological products or categories of 

biological products is not necessary to protect the public 

health.’’. 

(f) CONFIDENTIALITY.—Nothing in the amendments made by 

this section shall be construed as authorizing the Secretary to 

disclose any information that is a trade secret or confidential 

information subject to section 552(b)(4) of title 5, United States 

Code, or section 1905 of title 18, United States Code. 

(g) EFFECTIVE DATE.—The amendments made by this section 

and section 3111 shall take effect on the date that is 180 days 

after the date of enactment of this Act. 

Subpart C—Preventing Medical Device Shortages 

SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION 

OF MEDICAL DEVICES. 

Chapter V of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 351 et seq.) is amended by inserting after section 506I 

the following: 

‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION 

OF MEDICAL DEVICES. 

‘‘(a) IN GENERAL.—A manufacturer of a device that— 

‘‘(1) is critical to public health during a public health emergency, including devices that are life-supporting, life-sustaining, 

or intended for use in emergency medical care or during surgery; or 
H. R. 748—84 

‘‘(2) for which the Secretary determines that information 

on potential meaningful supply disruptions of such device is 

needed during, or in advance of, a public health emergency; 

shall, during, or in advance of, a public health emergency declared 

by the Secretary under section 319 of the Public Health Service 

Act, notify the Secretary, in accordance with subsection (b), of 

a permanent discontinuance in the manufacture of the device 

(except for discontinuances as a result of an approved modification 

of the device) or an interruption of the manufacture of the device 

that is likely to lead to a meaningful disruption in the supply 

of that device in the United States, and the reasons for such 

discontinuance or interruption. 

‘‘(b) TIMING.—A notice required under subsection (a) shall be 

submitted to the Secretary— 

‘‘(1) at least 6 months prior to the date of the discontinuance 

or interruption; or 

‘‘(2) if compliance with paragraph (1) is not possible, as 

soon as practicable. 

‘‘(c) DISTRIBUTION.— 

‘‘(1) PUBLIC AVAILABILITY.—To the maximum extent practicable, subject to paragraph (2), the Secretary shall distribute, 

through such means as the Secretary determines appropriate, 

information on the discontinuance or interruption of the manufacture of devices reported under subsection (a) to appropriate 

organizations, including physician, health provider, patient 

organizations, and supply chain partners, as appropriate and 

applicable, as described in subsection (g). 

‘‘(2) PUBLIC HEALTH EXCEPTION.—The Secretary may choose 

not to make information collected under this section publicly 

available pursuant to this section if the Secretary determines 

that disclosure of such information would adversely affect the 

public health, such as by increasing the possibility of unnecessary over purchase of product, component parts, or other disruption of the availability of medical products to patients. 

‘‘(d) CONFIDENTIALITY.—Nothing in this section shall be construed as authorizing the Secretary to disclose any information 

that is a trade secret or confidential information subject to section 

552(b)(4) of title 5, United States Code, or section 1905 of title 

18, United States Code. 

‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a person fails to 

submit information required under subsection (a) in accordance 

with subsection (b)— 

‘‘(1) the Secretary shall issue a letter to such person 

informing such person of such failure; 

‘‘(2) not later than 30 calendar days after the issuance 

of a letter under paragraph (1), the person who receives such 

letter shall submit to the Secretary a written response to such 

letter setting forth the basis for noncompliance and providing 

information required under subsection (a); and 

‘‘(3) not later than 45 calendar days after the issuance 

of a letter under paragraph (1), the Secretary shall make such 

letter and any response to such letter under paragraph (2) 

available to the public on the internet website of the Food 

and Drug Administration, with appropriate redactions made 

to protect information described in subsection (d), except that, 

if the Secretary determines that the letter under paragraph 

(1) was issued in error or, after review of such response, the 
H. R. 748—85 

person had a reasonable basis for not notifying as required 

under subsection (a), the requirements of this paragraph shall 

not apply. 

‘‘(f) EXPEDITED INSPECTIONS AND REVIEWS.—If, based on 

notifications described in subsection (a) or any other relevant 

information, the Secretary concludes that there is, or is likely 

to be, a shortage of an device, the Secretary shall, as appropriate— 

‘‘(1) prioritize and expedite the review of a submission 

under section 513(f)(2), 515, review of a notification under 

section 510(k), or 520(m) for a device that could help mitigate 

or prevent such shortage; or 

‘‘(2) prioritize and expedite an inspection or reinspection 

of an establishment that could help mitigate or prevent such 

shortage. 

‘‘(g) DEVICE SHORTAGE LIST.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish and 

maintain an up-to-date list of devices that are determined 

by the Secretary to be in shortage in the United States. 

‘‘(2) CONTENTS.—For each device included on the list under 

paragraph (1), the Secretary shall include the following 

information: 

‘‘(A) The category or name of the device in shortage. 

‘‘(B) The name of each manufacturer of such device. 

‘‘(C) The reason for the shortage, as determined by 

the Secretary, selecting from the following categories: 

‘‘(i) Requirements related to complying with good 

manufacturing practices. 

‘‘(ii) Regulatory delay. 

‘‘(iii) Shortage or discontinuance of a component 

or part. 

‘‘(iv) Discontinuance of the manufacture of the 

device. 

‘‘(v) Delay in shipping of the device. 

‘‘(vi) Delay in sterilization of the device. 

‘‘(vii) Demand increase for the device. 

‘‘(viii) Facility closure. 

‘‘(D) The estimated duration of the shortage as determined by the Secretary. 

‘‘(3) PUBLIC AVAILABILITY.— 

‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C), the Secretary shall make the information in the list 

under paragraph (1) publicly available. 

‘‘(B) TRADE SECRETS AND CONFIDENTIAL INFORMATION.—Nothing in this subsection shall be construed to 

alter or amend section 1905 of title 18, United States 

Code, or section 552(b)(4) of title 5 of such Code. 

‘‘(C) PUBLIC HEALTH EXCEPTION.—The Secretary may 

elect not to make information collected under this subsection publicly available if the Secretary determines that 

disclosure of such information would adversely affect the 

public health (such as by increasing the possibility of 

hoarding or other disruption of the availability of the device 

to patients). 

‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to affect the authority of the Secretary on the date 

of enactment of this section to expedite the review of devices under 

section 515 of the Federal Food, Drug, and Cosmetic Act, section 
H. R. 748—86 

515B of such Act relating to the priority review program for devices, 

and section 564 of such Act relating to the emergency use authorization authorities. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) MEANINGFUL DISRUPTION.—The term ‘meaningful 

disruption’— 

‘‘(A) means a change in production that is reasonably 

likely to lead to a reduction in the supply of a device 

by a manufacturer that is more than negligible and affects 

the ability of the manufacturer to fill orders or meet 

expected demand for its product; 

‘‘(B) does not include interruptions in manufacturing 

due to matters such as routine maintenance or insignificant 

changes in manufacturing so long as the manufacturer 

expects to resume operations in a short period of time, 

not to exceed 6 months; 

‘‘(C) does not include interruptions in manufacturing 

of components or raw materials so long as such interruptions do not result in a shortage of the device and the 

manufacturer expects to resume operations in a reasonable 

period of time; and 

‘‘(D) does not include interruptions in manufacturing 

that do not lead to a reduction in procedures or diagnostic 

tests associated with a medical device designed to perform 

more than one procedure or diagnostic test. 

‘‘(2) SHORTAGE.—The term ‘shortage’, with respect to a 

device, means a period of time when the demand or projected 

demand for the device within the United States exceeds the 

supply of the device.’’. 

PART II—ACCESS TO HEALTH CARE FOR 

COVID–19 PATIENTS 

Subpart A—Coverage of Testing and Preventive 

Services 

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

Paragraph (1) of section 6001(a) of division F of the Families 

First Coronavirus Response Act (Public Law 116–127) is amended 

to read as follows: 

‘‘(1) An in vitro diagnostic test defined in section 809.3 

of title 21, Code of Federal Regulations (or successor regulations) for the detection of SARS–CoV–2 or the diagnosis of 

the virus that causes COVID–19, and the administration of 

such a test, that— 

‘‘(A) is approved, cleared, or authorized under section 

510(k), 513, 515, or 564 of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); 

‘‘(B) the developer has requested, or intends to request, 

emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 

3), unless and until the emergency use authorization 

request under such section 564 has been denied or the 

developer of such test does not submit a request under 

such section within a reasonable timeframe; 
H. R. 748—87 

‘‘(C) is developed in and authorized by a State that 

has notified the Secretary of Health and Human Services 

of its intention to review tests intended to diagnose 

COVID–19; or 

‘‘(D) other test that the Secretary determines appropriate in guidance.’’. 

SEC. 3202. PRICING OF DIAGNOSTIC TESTING. 

(a) REIMBURSEMENT RATES.—A group health plan or a health 

insurance issuer providing coverage of items and services described 

in section 6001(a) of division F of the Families First Coronavirus 

Response Act (Public Law 116–127) with respect to an enrollee 

shall reimburse the provider of the diagnostic testing as follows: 

(1) If the health plan or issuer has a negotiated rate with 

such provider in effect before the public health emergency 

declared under section 319 of the Public Health Service Act 

(42 U.S.C. 247d), such negotiated rate shall apply throughout 

the period of such declaration. 

(2) If the health plan or issuer does not have a negotiated 

rate with such provider, such plan or issuer shall reimburse 

the provider in an amount that equals the cash price for such 

service as listed by the provider on a public internet website, 

or such plan or issuer may negotiate a rate with such provider 

for less than such cash price. 

(b) REQUIREMENT TO PUBLICIZE CASH PRICE FOR DIAGNOSTIC

TESTING FOR COVID–19.— 

(1) IN GENERAL.—During the emergency period declared 

under section 319 of the Public Health Service Act (42 U.S.C. 

247d), each provider of a diagnostic test for COVID–19 shall 

make public the cash price for such test on a public internet 

website of such provider. 

(2) CIVIL MONETARY PENALTIES.—The Secretary of Health 

and Human Services may impose a civil monetary penalty 

on any provider of a diagnostic test for COVID–19 that is 

not in compliance with paragraph (1) and has not completed 

a corrective action plan to comply with the requirements of 

such paragraph, in an amount not to exceed $300 per day 

that the violation is ongoing. 

SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES FOR CORONAVIRUS. 

(a) IN GENERAL.—Notwithstanding 2713(b) of the Public Health 

Service Act (42 U.S.C. 300gg–13), the Secretary of Health and 

Human Services, the Secretary of Labor, and the Secretary of 

the Treasury shall require group health plans and health insurance 

issuers offering group or individual health insurance to cover (without cost-sharing) any qualifying coronavirus preventive service, 

pursuant to section 2713(a) of the Public Health Service Act (42 

U.S.C. 300gg–13(a)) (including the regulations under sections 

2590.715–2713 of title 29, Code of Federal Regulations, section 

54.9815–2713 of title 26, Code of Federal Regulations, and section 

147.130 of title 45, Code of Federal Regulations (or any successor 

regulations)). The requirement described in this subsection shall 

take effect with respect to a qualifying coronavirus preventive 

service on the specified date described in subsection (b)(2). 

(b) DEFINITIONS.—For purposes of this section: 

(1) QUALIFYING CORONAVIRUS PREVENTIVE SERVICE.—The 

term ‘‘qualifying coronavirus preventive service’’ means an item, 
H. R. 748—88 

service, or immunization that is intended to prevent or mitigate 

coronavirus disease 2019 and that is— 

(A) an evidence-based item or service that has in effect 

a rating of ‘‘A’’ or ‘‘B’’ in the current recommendations 

of the United States Preventive Services Task Force; or 

(B) an immunization that has in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention 

with respect to the individual involved. 

(2) SPECIFIED DATE.—The term ‘‘specified date’’ means the 

date that is 15 business days after the date on which a recommendation is made relating to the qualifying coronavirus 

preventive service as described in such paragraph. 

(3) ADDITIONAL TERMS.—In this section, the terms ‘‘group 

health plan’’, ‘‘health insurance issuer’’, ‘‘group health insurance 

coverage’’, and ‘‘individual health insurance coverage’’ have the 

meanings given such terms in section 2791 of the Public Health 

Service Act (42 U.S.C. 300gg–91), section 733 of the Employee 

Retirement Income Security Act of 1974 (29 U.S.C. 1191b), 

and section 9832 of the Internal Revenue Code, as applicable. 

Subpart B—Support for Health Care Providers 

SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS. 

(a) SUPPLEMENTAL AWARDS.—Section 330(r) of the Public 

Health Service Act (42 U.S.C. 254b(r)) is amended by adding at 

the end the following: 

‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLEMENTAL AWARDS.— 

In addition to any amounts made available pursuant to this 

subsection, section 402A of this Act, or section 10503 of the 

Patient Protection and Affordable Care Act, there is authorized 

to be appropriated, and there is appropriated, out of any monies 

in the Treasury not otherwise appropriated, $1,320,000,000 

for fiscal year 2020 for supplemental awards under subsection 

(d) for the detection of SARS–CoV–2 or the prevention, diagnosis, and treatment of COVID–19.’’. 

(b) APPLICATION OF PROVISIONS.—Amounts appropriated pursuant to the amendment made by subsection (a) for fiscal year 2020 

shall be subject to the requirements contained in Public Law 116– 

94 for funds for programs authorized under sections 330 through 

340 of the Public Health Service Act (42 U.S.C. 254 through 256). 

SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS. 

Section 330I of the Public Health Service Act (42 U.S.C. 254c– 

14) is amended— 

(1) in subsection (d)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘projects to demonstrate how telehealth technologies can be used through telehealth networks’’ and 

inserting ‘‘evidence-based projects that utilize telehealth technologies through telehealth networks’’; 

(ii) in subparagraph (A)— 

(I) by striking ‘‘the quality of’’ and inserting 

‘‘access to, and the quality of,’’; and 

(II) by inserting ‘‘and’’ after the semicolon; 
H. R. 748—89 

(iii) by striking subparagraph (B); 

(iv) by redesignating subparagraph (C) as subparagraph (B); and 

(v) in subparagraph (B), as so redesignated, by 

striking ‘‘and patients and their families, for decisionmaking’’ and inserting ‘‘, patients, and their families’’; 

and 

(B) in paragraph (2)— 

(i) by striking ‘‘demonstrate how telehealth technologies can be used’’ and inserting ‘‘support initiatives 

that utilize telehealth technologies’’; and 

(ii) by striking ‘‘, to establish telehealth resource 

centers’’; 

(2) in subsection (e), by striking ‘‘4 years’’ and inserting 

‘‘5 years’’; 

(3) in subsection (f)— 

(A) by striking paragraph (2); 

(B) in paragraph (1)(B)— 

(i) by redesignating clauses (i) through (iii) as paragraphs (1) through (3), respectively, and adjusting the 

margins accordingly; 

(ii) in paragraph (3), as so redesignated by clause 

(i), by redesignating subclauses (I) through (XII) as 

subparagraphs (A) through (L), respectively, and 

adjusting the margins accordingly; and 

(iii) by striking ‘‘(1) TELEHEALTH NETWORK

GRANTS—’’ and all that follows through ‘‘(B) TELEHEALTH NETWORKS—’’; and 

(C) in paragraph (3)(I), as so redesignated, by inserting 

‘‘and substance use disorder’’ after ‘‘mental health’’ each 

place such term appears; 

(4) in subsection (g)(2), by striking ‘‘or improve’’ and 

inserting ‘‘and improve’’; 

(5) by striking subsection (h); 

(6) by redesignating subsections (i) through (p) as subsection (h) through (o), respectively; 

(7) in subsection (h), as so redesignated— 

(A) in paragraph (1)— 

(i) in subparagraph (B), by striking ‘‘mental health, 

public health, long-term care, home care, preventive’’ 

and inserting ‘‘mental health care, public health services, long-term care, home care, preventive care’’; 

(ii) in subparagraph (E), by inserting ‘‘and 

regional’’ after ‘‘local’’; and 

(iii) by striking subparagraph (F); and 

(B) in paragraph (2)(A), by striking ‘‘medically underserved areas or’’ and inserting ‘‘rural areas, medically 

underserved areas, or’’; 

(8) in paragraph (2) of subsection (i), as so redesignated, 

by striking ‘‘ensure that—’’ and all that follows through the 

end of subparagraph (B) and inserting ‘‘ensure that not less 

than 50 percent of the funds awarded shall be awarded for 

projects in rural areas.’’; 

(9) in subsection (j), as so redesignated— 

(A) in paragraph (1)(B), by striking ‘‘computer hardware and software, audio and video equipment, computer 
H. R. 748—90 

network equipment, interactive equipment, data terminal 

equipment, and other’’; and 

(B) in paragraph (2)(F), by striking ‘‘health care providers and’’; 

(10) in subsection (k), as so redesignated— 

(A) in paragraph (2), by striking ‘‘40 percent’’ and 

inserting ‘‘20 percent’’; and 

(B) in paragraph (3), by striking ‘‘(such as laying cable 

or telephone lines, or purchasing or installing microwave 

towers, satellite dishes, amplifiers, or digital switching 

equipment)’’; 

(11) by striking subsections (q) and (r) and inserting the 

following: 

‘‘(p) REPORT.—Not later than 4 years after the date of enactment of the Coronavirus Aid, Relief, and Economic Security Act, 

and every 5 years thereafter, the Secretary shall prepare and submit 

to the Committee on Health, Education, Labor, and Pensions of 

the Senate and the Committee on Energy and Commerce of the 

House of Representatives a report on the activities and outcomes 

of the grant programs under subsection (b).’’; 

(12) by redesignating subsection (s) as subsection (q); and 

(13) in subsection (q), as so redesignated, by striking ‘‘this 

section—’’ and all that follows through the end of paragraph 

(2) and inserting ‘‘this section $29,000,000 for each of fiscal 

years 2021 through 2025.’’. 

SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL 

HEALTH NETWORK DEVELOPMENT, AND SMALL HEALTH 

CARE PROVIDER QUALITY IMPROVEMENT GRANT PROGRAMS. 

Section 330A of the Public Health Service Act (42 U.S.C. 254c) 

is amended— 

(1) in subsection (d)(2)— 

(A) in subparagraph (A), by striking ‘‘essential’’ and 

inserting ‘‘basic’’; and 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i), by inserting 

‘‘to’’ after ‘‘grants’’; and 

(ii) in clauses (i), (ii), and (iii), by striking ‘‘to’’ 

each place such term appears; 

(2) in subsection (e)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘improving and’’ after ‘‘outreach 

by’’; 

(ii) by inserting ‘‘, through community engagement 

and evidence-based or innovative, evidence-informed 

models’’ before the period of the first sentence; and 

(iii) by striking ‘‘3 years’’ and inserting ‘‘5 years’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘shall’’ after ‘‘entity’’; 

(ii) in subparagraph (A), by striking ‘‘shall be a 

rural public or rural nonprofit private entity’’ and 

inserting ‘‘be an entity with demonstrated experience 

serving, or the capacity to serve, rural underserved 

populations’’; 
H. R. 748—91 

(iii) in subparagraphs (B) and (C), by striking 

‘‘shall’’ each place such term appears; and 

(iv) in subparagraph (B)— 

(I) in the matter preceding clause (i), by 

inserting ‘‘that’’ after ‘‘members’’; and 

(II) in clauses (i) and (ii), by striking ‘‘that’’ 

each place such term appears; and 

(C) in paragraph (3)(C), by striking ‘‘the local community or region’’ and inserting ‘‘the rural underserved populations in the local community or region’’; 

(3) in subsection (f)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘promote, through planning and 

implementation, the development of integrated 

health care networks that have combined the functions of the entities participating in the networks’’ 

and inserting ‘‘plan, develop, and implement 

integrated health care networks that collaborate’’; 

and 

(II) in clause (ii), by striking ‘‘essential health 

care services’’ and inserting ‘‘basic health care 

services and associated health outcomes’’; and 

(ii) by amending subparagraph (B) to read as follows: 

‘‘(B) GRANT PERIODS.—The Director may award grants 

under this subsection for periods of not more than 5 years.’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘shall’’ after ‘‘entity’’; 

(ii) in subparagraph (A), by striking ‘‘shall be a 

rural public or rural nonprofit private entity’’ and 

inserting ‘‘be an entity with demonstrated experience 

serving, or the capacity to serve, rural underserved 

populations’’; 

(iii) in subparagraph (B)— 

(I) in the matter preceding clause (i)— 

(aa) by striking ‘‘shall’’; and 

(bb) by inserting ‘‘that’’ after ‘‘participants’’; and 

(II) in clauses (i) and (ii), by striking ‘‘that’’ 

each place such term appears; and 

(iv) in subparagraph (C), by striking ‘‘shall’’; and 

(C) in paragraph (3)— 

(i) by amending clause (iii) of subparagraph (C) 

to read as follows: 

‘‘(iii) how the rural underserved populations in 

the local community or region to be served will benefit 

from and be involved in the development and ongoing 

operations of the network;’’; and 

(ii) in subparagraph (D), by striking ‘‘the local 

community or region’’ and inserting ‘‘the rural underserved populations in the local community or region’’; 

(4) in subsection (g)— 

(A) in paragraph (1)— 
H. R. 748—92 

(i) by inserting ‘‘, including activities related to 

increasing care coordination, enhancing chronic disease 

management, and improving patient health outcomes’’ 

before the period of the first sentence; and 

(ii) by striking ‘‘3 years’’ and inserting ‘‘5 years’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘shall’’ after ‘‘entity’’; 

(ii) in subparagraphs (A) and (B), by striking 

‘‘shall’’ each place such term appears; and 

(iii) in subparagraph (A)(ii), by inserting ‘‘or 

regional’’ after ‘‘local’’; and 

(C) in paragraph (3)(D), by striking ‘‘the local community or region’’ and inserting ‘‘the rural underserved populations in the local community or region’’; 

(5) in subsection (h)(3), in the matter preceding subparagraph (A), by inserting ‘‘, as appropriate,’’ after ‘‘the Secretary’’; 

(6) by amending subsection (i) to read as follows: 

‘‘(i) REPORT.—Not later than 4 years after the date of enactment 

of the Coronavirus Aid, Relief, and Economic Security Act, and 

every 5 years thereafter, the Secretary shall prepare and submit 

to the Committee on Health, Education, Labor, and Pensions of 

the Senate and the Committee on Energy and Commerce of the 

House of Representatives a report on the activities and outcomes 

of the grant programs under subsections (e), (f), and (g), including 

the impact of projects funded under such programs on the health 

status of rural residents with chronic conditions.’’; and 

(7) in subsection (j), by striking ‘‘$45,000,000 for each of 

fiscal years 2008 through 2012’’ and inserting ‘‘$79,500,000 

for each of fiscal years 2021 through 2025’’. 

SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION. 

(a) COMMISSIONED CORPS AND READY RESERVE CORPS.—Section 

203 of the Public Health Service Act (42 U.S.C. 204) is amended— 

(1) in subsection (a)(1), by striking ‘‘a Ready Reserve Corps 

for service in time of national emergency’’ and inserting ‘‘, 

for service in time of a public health or national emergency, 

a Ready Reserve Corps’’; and 

(2) in subsection (c)— 

(A) in the heading, by striking ‘‘RESEARCH’’ and 

inserting ‘‘RESERVE CORPS’’; 

(B) in paragraph (1), by inserting ‘‘during public health 

or national emergencies’’ before the period; 

(C) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘, consistent with paragraph (1)’’ after ‘‘shall’’; 

(ii) in subparagraph (C), by inserting ‘‘during such 

emergencies’’ after ‘‘members’’; and 

(iii) in subparagraph (D), by inserting ‘‘, consistent 

with subparagraph (C)’’ before the period; and 

(D) by adding at the end the following: 

‘‘(3) STATUTORY REFERENCES TO RESERVE.—A reference in 

any Federal statute, except in the case of subsection (b), to 

the ‘Reserve Corps’ of the Public Health Service or to the 

‘reserve’ of the Public Health Service shall be deemed to be 

a reference to the Ready Reserve Corps.’’. 
H. R. 748—93 

(b) DEPLOYMENT READINESS.—Section 203A(a)(1)(B) of the 

Public Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended 

by striking ‘‘Active Reserves’’ and inserting ‘‘Ready Reserve Corps’’. 

(c) RETIREMENT OF COMMISSIONED OFFICERS.—Section 211 of 

the Public Health Service Act (42 U.S.C. 212) is amended— 

(1) by striking ‘‘the Service’’ each place it appears and 

inserting ‘‘the Regular Corps’’; 

(2) in subsection (a)(4), by striking ‘‘(in the case of an 

officer in the Reserve Corps)’’; 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘or an officer of the Reserve Corps’’; 

and 

(ii) by inserting ‘‘or under section 221(a)(19)’’ after 

‘‘subsection (a)’’; and 

(B) in paragraph (2), by striking ‘‘Regular or Reserve 

Corps’’ and inserting ‘‘Regular Corps or Ready Reserve 

Corps’’; and 

(4) in subsection (f), by striking ‘‘the Regular or Reserve 

Corps of’’. 

(d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND SURVIVING

BENEFICIARIES.—Section 221 of the Public Health Service Act (42 

U.S.C. 213a) is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘(19) Chapter 1223, Retired Pay for Non-Regular Service. 

‘‘(20) Section 12601, Compensation: Reserve on active duty 

accepting from any person. 

‘‘(21) Section 12684, Reserves: separation for absence without authority or sentence to imprisonment.’’; and 

(2) in subsection (b)— 

(A) by striking ‘‘Secretary of Health, Education, and 

Welfare or his designee’’ and inserting ‘‘Secretary of Health 

and Human Services or the designee of such secretary’’; 

(B) by striking ‘‘(b) The authority vested’’ and inserting 

the following: 

‘‘(b)(1) The authority vested’’; 

(C) by striking ‘‘For purposes of’’ and inserting the 

following: 

‘‘(2) For purposes of’’; and 

(D) by adding at the end the following: 

‘‘(3) For purposes of paragraph (19) of subsection (a), the terms 

‘Military department’, ‘Secretary concerned’, and ‘Armed forces’ in 

such title 10 shall be deemed to include, respectively, the Department of Health and Human Services, the Secretary of Health and 

Human Services, and the Commissioned Corps.’’. 

(e) TECHNICAL AMENDMENTS.—Title II of the Public Health 

Service Act (42 U.S.C. 202 et seq.) is amended— 

(1) in sections 204 and 207(c), by striking ‘‘Regular or 

Reserve Corps’’ each place it appears and inserting ‘‘Regular 

Corps or Ready Reserve Corps’’; 

(2) in section 208(a), by striking ‘‘Regular and Reserve 

Corps’’ each place it appears and inserting ‘‘Regular Corps 

and Ready Reserve Corps’’; and 

(3) in section 205(c), 206(c), 210, and 219, and in subsections (a), (b), and (d) of section 207, by striking ‘‘Reserve 

Corps’’ each place it appears and inserting ‘‘Ready Reserve 

Corps’’. 
H. R. 748—94 

SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE 

PROFESSIONALS DURING COVID–19 EMERGENCY 

RESPONSE. 

(a) LIMITATION ON LIABILITY.—Except as provided in subsection 

(b), a health care professional shall not be liable under Federal 

or State law for any harm caused by an act or omission of the 

professional in the provision of health care services during the 

public health emergency with respect to COVID–19 declared by 

the Secretary of Health and Human Services (referred to in this 

section as the ‘‘Secretary’’) under section 319 of the Public Health 

Service Act (42 U.S.C. 247d) on January 31, 2020, if— 

(1) the professional is providing health care services in 

response to such public health emergency, as a volunteer; and 

(2) the act or omission occurs— 

(A) in the course of providing health care services; 

(B) in the health care professional’s capacity as a volunteer; 

(C) in the course of providing health care services 

that— 

(i) are within the scope of the license, registration, 

or certification of the volunteer, as defined by the 

State of licensure, registration, or certification; and 

(ii) do not exceed the scope of license, registration, 

or certification of a substantially similar health professional in the State in which such act or omission occurs; 

and 

(D) in a good faith belief that the individual being 

treated is in need of health care services. 

(b) EXCEPTIONS.—Subsection (a) does not apply if— 

(1) the harm was caused by an act or omission constituting 

willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or 

safety of the individual harmed by the health care professional; 

or 

(2) the health care professional rendered the health care 

services under the influence (as determined pursuant to 

applicable State law) of alcohol or an intoxicating drug. 

(c) PREEMPTION.— (1) IN GENERAL.—This section preempts the laws of a State 

or any political subdivision of a State to the extent that such 

laws are inconsistent with this section, unless such laws provide 

greater protection from liability. 

(2) VOLUNTEER PROTECTION ACT.—Protections afforded by 

this section are in addition to those provided by the Volunteer 

Protection Act of 1997 (Public Law 105–19). 

(d) DEFINITIONS.—In this section— 

(1) the term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses; 

(2) the term ‘‘health care professional’’ means an individual 

who is licensed, registered, or certified under Federal or State 

law to provide health care services; 

(3) the term ‘‘health care services’’ means any services 

provided by a health care professional, or by any individual 

working under the supervision of a health care professional 

that relate to— 

(A) the diagnosis, prevention, or treatment of COVID– 

19; or 
H. R. 748—95 

(B) the assessment or care of the health of a human 

being related to an actual or suspected case of COVID– 

19; and 

(4) the term ‘‘volunteer’’ means a health care professional 

who, with respect to the health care services rendered, does 

not receive compensation or any other thing of value in lieu 

of compensation, which compensation— 

(A) includes a payment under any insurance policy 

or health plan, or under any Federal or State health benefits program; and 

(B) excludes— 

(i) receipt of items to be used exclusively for rendering health care services in the health care professional’s capacity as a volunteer described in subsection 

(a)(1); and 

(ii) any reimbursement for travel to the site where 

the volunteer services are rendered and any payments 

in cash or kind to cover room and board, if services 

are being rendered more than 75 miles from the volunteer’s principal place of residence. 

(e) EFFECTIVE DATE.—This section shall take effect upon the 

date of enactment of this Act, and applies to a claim for harm 

only if the act or omission that caused such harm occurred on 

or after the date of enactment. 

(f) SUNSET.—This section shall be in effect only for the length 

of the public health emergency declared by the Secretary of Health 

and Human Services (referred to in this section as the ‘‘Secretary’’) 

under section 319 of the Public Health Service Act (42 U.S.C. 

247d) on January 31, 2020 with respect to COVID–19. 

SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL HEALTH SERVICE 

CORPS DURING EMERGENCY PERIOD. 

During the public health emergency declared by the Secretary 

of Health and Human Services under section 319 of the Public 

Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 

respect to COVID–19, the Secretary may, notwithstanding section 

333 of the Public Health Service Act (42 U.S.C. 254f), assign members of the National Health Service Corps, with the voluntary 

agreement of such corps members, to provide such health services 

at such places, and for such number of hours, as the Secretary 

determines necessary to respond to such emergency, provided that 

such places are within a reasonable distance of the site to which 

such members were originally assigned, and the total number of 

hours required are the same as were required of such members 

prior to the date of enactment of this Act. 

Subpart C—Miscellaneous Provisions 

SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF RECORDS 

RELATING TO SUBSTANCE USE DISORDER. 

(a) CONFORMING CHANGES RELATING TO SUBSTANCE USE DIS- ORDER.—Subsections (a) and (h) of section 543 of the Public Health 

Service Act (42 U.S.C. 290dd–2) are each amended by striking 

‘‘substance abuse’’ and inserting ‘‘substance use disorder’’. 

(b) DISCLOSURES TO COVERED ENTITIES CONSISTENT WITH

HIPAA.—Paragraph (1) of section 543(b) of the Public Health 

Service Act (42 U.S.C. 290dd–2(b)) is amended to read as follows: 
H. R. 748—96 

‘‘(1) CONSENT.—The following shall apply with respect to 

the contents of any record referred to in subsection (a): 

‘‘(A) Such contents may be used or disclosed in accordance with the prior written consent of the patient with 

respect to whom such record is maintained. 

‘‘(B) Once prior written consent of the patient has 

been obtained, such contents may be used or disclosed 

by a covered entity, business associate, or a program subject 

to this section for purposes of treatment, payment, and 

health care operations as permitted by the HIPAA regulations. Any information so disclosed may then be redisclosed 

in accordance with the HIPAA regulations. Section 13405(c) 

of the Health Information Technology and Clinical Health 

Act (42 U.S.C. 17935(c)) shall apply to all disclosures pursuant to subsection (b)(1) of this section. 

‘‘(C) It shall be permissible for a patient’s prior written 

consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care 

operations, until such time as the patient revokes such 

consent in writing. 

‘‘(D) Section 13405(a) of the Health Information Technology and Clinical Health Act (42 U.S.C. 17935(a)) shall 

apply to all disclosures pursuant to subsection (b)(1) of 

this section.’’. 

(c) DISCLOSURES OF DE-IDENTIFIED HEALTH INFORMATION TO

PUBLIC HEALTH AUTHORITIES.—Paragraph (2) of section 543(b) of 

the Public Health Service Act (42 U.S.C. 290dd–2(b)), is amended 

by adding at the end the following: 

‘‘(D) To a public health authority, so long as such 

content meets the standards established in section 

164.514(b) of title 45, Code of Federal Regulations (or successor regulations) for creating de-identified information.’’. 

(d) DEFINITIONS.—Section 543 of the Public Health Service 

Act (42 U.S.C. 290dd–2) is amended by adding at the end the 

following: 

‘‘(k) DEFINITIONS.—For purposes of this section: 

‘‘(1) BREACH.—The term ‘breach’ has the meaning given 

such term for purposes of the HIPAA regulations. 

‘‘(2) BUSINESS ASSOCIATE.—The term ‘business associate’ 

has the meaning given such term for purposes of the HIPAA 

regulations. 

‘‘(3) COVERED ENTITY.—The term ‘covered entity’ has the 

meaning given such term for purposes of the HIPAA regulations. 

‘‘(4) HEALTH CARE OPERATIONS.—The term ‘health care 

operations’ has the meaning given such term for purposes of 

the HIPAA regulations. 

‘‘(5) HIPAA REGULATIONS.—The term ‘HIPAA regulations’ 

has the meaning given such term for purposes of parts 160 

and 164 of title 45, Code of Federal Regulations. 

‘‘(6) PAYMENT.—The term ‘payment’ has the meaning given 

such term for purposes of the HIPAA regulations. 

‘‘(7) PUBLIC HEALTH AUTHORITY.—The term ‘public health 

authority’ has the meaning given such term for purposes of 

the HIPAA regulations. 

‘‘(8) TREATMENT.—The term ‘treatment’ has the meaning 

given such term for purposes of the HIPAA regulations. 
H. R. 748—97 

‘‘(9) UNSECURED PROTECTED HEALTH INFORMATION.—The 

term ‘unprotected health information’ has the meaning given 

such term for purposes of the HIPAA regulations.’’. 

(e) USE OF RECORDS IN CRIMINAL, CIVIL, OR ADMINISTRATIVE

INVESTIGATIONS, ACTIONS, OR PROCEEDINGS.—Subsection (c) of section 543 of the Public Health Service Act (42 U.S.C. 290dd–2(c)) 

is amended to read as follows: 

‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR ADMINISTRATIVE

CONTEXTS.—Except as otherwise authorized by a court order under 

subsection (b)(2)(C) or by the consent of the patient, a record 

referred to in subsection (a), or testimony relaying the information 

contained therein, may not be disclosed or used in any civil, 

criminal, administrative, or legislative proceedings conducted by 

any Federal, State, or local authority, against a patient, including 

with respect to the following activities: 

‘‘(1) Such record or testimony shall not be entered into 

evidence in any criminal prosecution or civil action before a 

Federal or State court. 

‘‘(2) Such record or testimony shall not form part of the 

record for decision or otherwise be taken into account in any 

proceeding before a Federal, State, or local agency. 

‘‘(3) Such record or testimony shall not be used by any 

Federal, State, or local agency for a law enforcement purpose 

or to conduct any law enforcement investigation. 

‘‘(4) Such record or testimony shall not be used in any 

application for a warrant.’’. 

(f) PENALTIES.—Subsection (f) of section 543 of the Public 

Health Service Act (42 U.S.C. 290dd–2) is amended to read as 

follows: 

‘‘(f) PENALTIES.—The provisions of sections 1176 and 1177 of 

the Social Security Act shall apply to a violation of this section 

to the extent and in the same manner as such provisions apply 

to a violation of part C of title XI of such Act. In applying the 

previous sentence— 

‘‘(1) the reference to ‘this subsection’ in subsection (a)(2) 

of such section 1176 shall be treated as a reference to ‘this 

subsection (including as applied pursuant to section 543(f) of 

the Public Health Service Act)’; and 

‘‘(2) in subsection (b) of such section 1176— 

‘‘(A) each reference to ‘a penalty imposed under subsection (a)’ shall be treated as a reference to ‘a penalty 

imposed under subsection (a) (including as applied pursuant to section 543(f) of the Public Health Service Act)’; 

and 

‘‘(B) each reference to ‘no damages obtained under 

subsection (d)’ shall be treated as a reference to ‘no damages obtained under subsection (d) (including as applied 

pursuant to section 543(f) of the Public Health Service 

Act)’.’’. 

(g) ANTIDISCRIMINATION.—Section 543 of the Public Health 

Service Act (42 U.S.C. 290dd–2) is amended by inserting after 

subsection (h) the following: 

‘‘(i) ANTIDISCRIMINATION.— 

‘‘(1) IN GENERAL.—No entity shall discriminate against an 

individual on the basis of information received by such entity 

pursuant to an inadvertent or intentional disclosure of records, 
H. R. 748—98 

or information contained in records, described in subsection 

(a) in— 

‘‘(A) admission, access to, or treatment for health care; 

‘‘(B) hiring, firing, or terms of employment, or receipt 

of worker’s compensation; 

‘‘(C) the sale, rental, or continued rental of housing; 

‘‘(D) access to Federal, State, or local courts; or 

‘‘(E) access to, approval of, or maintenance of social 

services and benefits provided or funded by Federal, State, 

or local governments. 

‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No recipient of Federal funds shall discriminate against an individual on the basis 

of information received by such recipient pursuant to an intentional or inadvertent disclosure of such records or information 

contained in records described in subsection (a) in affording 

access to the services provided with such funds.’’. 

(h) NOTIFICATION IN CASE OF BREACH.—Section 543 of the 

Public Health Service Act (42 U.S.C. 290dd–2), as amended by 

subsection (g), is further amended by inserting after subsection 

(i) the following: 

‘‘(j) NOTIFICATION IN CASE OF BREACH.—The provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall apply to 

a program or activity described in subsection (a), in case of a 

breach of records described in subsection (a), to the same extent 

and in the same manner as such provisions apply to a covered 

entity in the case of a breach of unsecured protected health information.’’. 

(i) REGULATIONS.— 

(1) IN GENERAL.—The Secretary of Health and Human 

Services, in consultation with appropriate Federal agencies, 

shall make such revisions to regulations as may be necessary 

for implementing and enforcing the amendments made by this 

section, such that such amendments shall apply with respect 

to uses and disclosures of information occurring on or after 

the date that is 12 months after the date of enactment of 

this Act. 

(2) EASILY UNDERSTANDABLE NOTICE OF PRIVACY PRACTICES.—Not later than 1 year after the date of enactment 

of this Act, the Secretary of Health and Human Services, in 

consultation with appropriate legal, clinical, privacy, and civil 

rights experts, shall update section 164.520 of title 45, Code 

of Federal Regulations, so that covered entities and entities 

creating or maintaining the records described in subsection 

(a) provide notice, written in plain language, of privacy practices 

regarding patient records referred to in section 543(a) of the 

Public Health Service Act (42 U.S.C. 290dd–2(a)), including— 

(A) a statement of the patient’s rights, including selfpay patients, with respect to protected health information 

and a brief description of how the individual may exercise 

these rights (as required by subsection (b)(1)(iv) of such 

section 164.520); and 

(B) a description of each purpose for which the covered 

entity is permitted or required to use or disclose protected 

health information without the patient’s written authorization (as required by subsection (b)(2) of such section 

164.520). 
H. R. 748—99 

(j) RULES OF CONSTRUCTION.—Nothing in this Act or the amendments made by this Act shall be construed to limit— 

(1) a patient’s right, as described in section 164.522 of 

title 45, Code of Federal Regulations, or any successor regulation, to request a restriction on the use or disclosure of a 

record referred to in section 543(a) of the Public Health Service 

Act (42 U.S.C. 290dd–2(a)) for purposes of treatment, payment, 

or health care operations; or 

(2) a covered entity’s choice, as described in section 164.506 

of title 45, Code of Federal Regulations, or any successor regulation, to obtain the consent of the individual to use or disclose 

a record referred to in such section 543(a) to carry out treatment, payment, or health care operation. 

(k) SENSE OF CONGRESS.—It is the sense of the Congress that— 

(1) any person treating a patient through a program or 

activity with respect to which the confidentiality requirements 

of section 543 of the Public Health Service Act (42 U.S.C. 

290dd–2) apply is encouraged to access the applicable Statebased prescription drug monitoring program when clinically 

appropriate; 

(2) patients have the right to request a restriction on the 

use or disclosure of a record referred to in section 543(a) of 

the Public Health Service Act (42 U.S.C. 290dd–2(a)) for treatment, payment, or health care operations; 

(3) covered entities should make every reasonable effort 

to the extent feasible to comply with a patient’s request for 

a restriction regarding such use or disclosure; 

(4) for purposes of applying section 164.501 of title 45, 

Code of Federal Regulations, the definition of health care operations shall have the meaning given such term in such section, 

except that clause (v) of paragraph (6) shall not apply; and 

(5) programs creating records referred to in section 543(a) 

of the Public Health Service Act (42 U.S.C. 290dd–2(a)) should 

receive positive incentives for discussing with their patients 

the benefits to consenting to share such records. 

SEC. 3222. NUTRITION SERVICES. 

(a) DEFINITIONS.—In this section, the terms ‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State agency’’, and ‘‘area agency on aging’’ 

have the meanings given the terms in section 102 of the Older 

Americans Act of 1965 (42 U.S.C. 3002). 

(b) NUTRITION SERVICES TRANSFER CRITERIA.—During any portion of the COVID–19 public health emergency declared under 

section 319 of the Public Health Service Act (42 U.S.C. 247d), 

the Secretary shall allow a State agency or an area agency on 

aging, without prior approval, to transfer not more than 100 percent 

of the funds received by the State agency or area agency on aging, 

respectively, and attributable to funds appropriated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 

1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart 2 of 

part C (42 U.S.C. 3030d–2 et seq.) for such use as the State 

agency or area agency on aging, respectively, considers appropriate 

to meet the needs of the State or area served. 

(c) HOME-DELIVERED NUTRITION SERVICES WAIVER.—For purposes of State agencies’ determining the delivery of nutrition services under section 337 of the Older Americans Act of 1965 (42 

U.S.C. 3030g), during the period of the COVID–19 public health 
H. R. 748—100 

emergency declared under section 319 of the Public Health Service 

Act (42 U.S.C. 247d), the same meaning shall be given to an 

individual who is unable to obtain nutrition because the individual 

is practicing social distancing due to the emergency as is given 

to an individual who is homebound by reason of illness. 

(d) DIETARY GUIDELINES WAIVER.—To facilitate implementation 

of subparts 1 and 2 of part C of title III of the Older Americans 

Act of 1965 (42 U.S.C. 3030d–2 et seq.) during any portion of 

the COVID–19 public health emergency declared under section 

319 of the Public Health Service Act (42 U.S.C. 247d), the Assistant 

Secretary may waive the requirements for meals provided under 

those subparts to comply with the requirements of clauses (i) and 

(ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)). 

SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR 

PARTICIPANTS IN COMMUNITY SERVICE ACTIVITIES 

UNDER TITLE V OF THE OLDER AMERICANS ACT OF 1965. 

To ensure continuity of service and opportunities for participants in community service activities under title V of the Older 

Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Secretary 

of Labor— 

(1)(A) may allow individuals participating in projects under 

such title as of March 1, 2020, to extend their participation 

for a period that exceeds the period described in section 

518(a)(3)(B)(i) of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the 

Secretary determines such extension is appropriate due to the 

effects of the COVID–19 public health emergency declared 

under section 319 of the Public Health Service Act (42 U.S.C. 

247d); and 

(B) may increase the average participation cap for eligible 

individuals applicable to grantees as described in section 

502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. 

3056(b)(1)(C)) to a cap the Secretary determines is appropriate 

due to the effects of the COVID–19 public health emergency 

declared under section 319 of the Public Health Service Act 

(42 U.S.C. 247d); and 

(2) may increase the amount available to pay the authorized 

administrative costs for a project, described in section 502(c)(3) 

of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) to 

an amount not to exceed 20 percent of the grant amount if 

the Secretary determines that such increase is necessary to 

adequately respond to the additional administrative needs to 

respond to the COVID–19 public health emergency declared 

under section 319 of the Public Health Service Act (42 U.S.C. 

247d). 

SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMATION. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary of Health and Human Services shall issue guidance on the sharing of patients’ protected health information pursuant to section 160.103 of title 45, Code of Federal Regulations 

(or any successor regulations) during the public health emergency 

declared by the Secretary of Health and Human Services under 

section 319 of the Public Health Service Act (42 U.S.C. 247d) 

with respect to COVID–19, during the emergency involving Federal 

primary responsibility determined to exist by the President under 

section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to COVID– 
H. R. 748—101 

19, and during the national emergency declared by the President 

under the National Emergencies Act (50 U.S.C. 1601 et seq.) with 

respect to COVID–19. Such guidance shall include information on 

compliance with the regulations promulgated pursuant to section 

264(c) of the Health Insurance Portability and Accountability Act 

of 1996 (42 U.S.C. 1320d–2 note) and applicable policies, including 

such policies that may come into effect during such emergencies. 

SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM. 

Section 330H of the Public Health Service Act (42 U.S.C. 254c– 

8) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘, during fiscal year 

2001 and subsequent years,’’; and 

(B) in paragraph (2), by inserting ‘‘or increasing above 

the national average’’ after ‘‘areas with high’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘consumers of project 

services, public health departments, hospitals, health centers under section 330’’ and inserting ‘‘participants and 

former participants of project services, public health departments, hospitals, health centers under section 330, State 

substance abuse agencies’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘such as low 

birthweight’’ and inserting ‘‘including poor birth outcomes (such as low birthweight and preterm birth) 

and social determinants of health’’; 

(ii) by redesignating subparagraph (B) as subparagraph (C); 

(iii) by inserting after subparagraph (A), the following: 

‘‘(B) Communities with— 

‘‘(i) high rates of infant mortality or poor perinatal 

outcomes; or 

‘‘(ii) high rates of infant mortality or poor perinatal 

outcomes in specific subpopulations within the community.’’; and 

(iv) in subparagraph (C) (as so redesignated)— 

(I) by redesignating clauses (i) and (ii) as 

clauses (ii) and (iii), respectively; 

(II) by inserting before clause (ii) (as so 

redesignated) the following: 

‘‘(i) collaboration with the local community in the 

development of the project;’’; 

(III) in clause (ii) (as so redesignated), by 

striking ‘‘and’’ at the end; 

(IV) in clause (iii) (as so redesignated), by 

striking the period and inserting ‘‘; and’’; and 

(V) by adding at the end the following: 

‘‘(iv) the use and collection of data demonstrating 

the effectiveness of such program in decreasing infant 

mortality rates and improving perinatal outcomes, as 

applicable, or the process by which new applicants 

plan to collect this data.’’; 

(3) in subsection (c)— 
H. R. 748—102 

(A) by striking ‘‘Recipients of grants’’ and inserting 

the following: 

‘‘(1) IN GENERAL.—Recipients of grants’’; and 

(B) by adding at the end the following: 

‘‘(2) OTHER PROGRAMS.—The Secretary shall ensure 

coordination of the program carried out pursuant to this section 

with other programs and activities related to the reduction 

of the rate of infant mortality and improved perinatal and 

infant health outcomes supported by the Department.’’; 

(4) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘appropriated—’’ and 

all that follows through the end and inserting ‘‘appropriated 

$125,500,000 for each of fiscal years 2021 through 2025.’’; 

and 

(B) in paragraph (2)(B), by adding at the end the 

following: ‘‘Evaluations may also include, to the extent 

practicable, information related to— 

‘‘(i) progress toward achieving any grant metrics 

or outcomes related to reducing infant mortality rates, 

improving perinatal outcomes, or reducing the disparity in health status; 

‘‘(ii) recommendations on potential improvements 

that may assist with addressing gaps, as applicable 

and appropriate; and 

‘‘(iii) the extent to which the grantee coordinated 

with the community in which the grantee is located 

in the development of the project and delivery of services, including with respect to technical assistance and 

mentorship programs.’’; and 

(5) by adding at the end the following: 

‘‘(f) GAO REPORT.— 

‘‘(1) IN GENERAL.—Not later than 4 years after the date 

of the enactment of this subsection, the Comptroller General 

of the United States shall conduct an independent evaluation, 

and submit to the appropriate Committees of Congress a report, 

concerning the Healthy Start program under this section. 

‘‘(2) EVALUATION.—In conducting the evaluation under 

paragraph (1), the Comptroller General shall consider, as 

applicable and appropriate, information from the evaluations 

under subsection (e)(2)(B). 

‘‘(3) REPORT.—The report described in paragraph (1) shall 

review, assess, and provide recommendations, as appropriate, 

on the following: 

‘‘(A) The allocation of Healthy Start program grants 

by the Health Resources and Services Administration, 

including considerations made by such Administration 

regarding disparities in infant mortality or perinatal outcomes among urban and rural areas in making such 

awards. 

‘‘(B) Trends in the progress made toward meeting the 

evaluation criteria pursuant to subsection (e)(2)(B), 

including programs which decrease infant mortality rates 

and improve perinatal outcomes, programs that have not 

decreased infant mortality rates or improved perinatal outcomes, and programs that have made an impact on disparities in infant mortality or perinatal outcomes. 
H. R. 748—103 

‘‘(C) The ability of grantees to improve health outcomes 

for project participants, promote the awareness of the 

Healthy Start program services, incorporate and promote 

family participation, facilitate coordination with the 

community in which the grantee is located, and increase 

grantee accountability through quality improvement, 

performance monitoring, evaluation, and the effect such 

metrics may have toward decreasing the rate of infant 

mortality and improving perinatal outcomes. 

‘‘(D) The extent to which such Federal programs are 

coordinated across agencies and the identification of 

opportunities for improved coordination in such Federal 

programs and activities.’’. 

SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. 

(a) IN GENERAL.—The Secretary of Health and Human Services 

(referred to in this section as the ‘‘Secretary’’) shall carry out a 

national campaign to improve awareness of, and support outreach 

to the public and health care providers about the importance and 

safety of blood donation and the need for donations for the blood 

supply during the public health emergency declared by the Secretary under section 319 of the Public Health Service Act (42 

U.S.C. 247d) with respect to COVID–19. 

(b) AWARENESS CAMPAIGN.—In carrying out subsection (a), the 

Secretary may enter into contracts with one or more public or 

private nonprofit entities, to establish a national blood donation 

awareness campaign that may include television, radio, internet, 

and newspaper public service announcements, and other activities 

to provide for public and professional awareness and education. 

(c) CONSULTATION.—In carrying out subsection (a), the Secretary shall consult with the Commissioner of Food and Drugs, 

the Assistant Secretary for Health, the Director of the Centers 

for Disease Control and Prevention, the Director of the National 

Institutes of Health, and the heads of other relevant Federal agencies, and relevant accrediting bodies and representative organizations. 

(d) REPORT TO CONGRESS.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall submit to the 

Committee on Health, Education, Labor, and Pensions of the Senate 

and the Committee on Energy and Commerce of the House of 

Representatives, a report that shall include— 

(1) a description of the activities carried out under subsection (a); 

(2) a description of trends in blood supply donations; and 

(3) an evaluation of the impact of the public awareness 

campaign, including any geographic or population variations. 

PART III—INNOVATION 

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

EMERGENCIES. 

Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C. 

247d–7e(c)(5)(A)) is amended— 

(1) by redesignating clause (iii) as clause (iv); and 

(2) by inserting after clause (ii) the following: 

‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH EMER- GENCY.— 
H. R. 748—104 

‘‘(I) IN GENERAL.—Notwithstanding clause (ii), 

the Secretary, shall, to the maximum extent practicable, use competitive procedures when entering 

into transactions to carry out projects under this 

subsection for purposes of a public health emergency declared by the Secretary under section 319. 

Any such transactions entered into during such 

public health emergency shall not be terminated 

solely due to the expiration of such public health 

emergency, if such public health emergency ends 

before the completion of the terms of such agreement. 

‘‘(II) REPORT.—After the expiration of the 

public health emergency declared by the Secretary 

under section 319, the Secretary shall provide a 

report to the Committee on Health, Education, 

Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House 

of Representatives regarding the use of any funds 

pursuant to the authority under subclause (I), 

including any outcomes, benefits, and risks associated with the use of such funds, and a description 

of the reasons for the use of such authority for 

the project or projects.’’. 

SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. 

Chapter V of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 351 et seq.) is amended by inserting after section 512 the 

following: 

‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. 

‘‘(a) IN GENERAL.—The Secretary shall, at the request of the 

sponsor intending to submit an application for approval of a new 

animal drug under section 512(b)(1) or an application for conditional 

approval of a new animal drug under section 571, expedite the 

development and review of such new animal drug if preliminary 

clinical evidence indicates that the new animal drug, alone or 

in combination with 1 or more other animal drugs, has the potential 

to prevent or treat a zoonotic disease in animals, including a vector 

borne-disease, that has the potential to cause serious adverse health 

consequences for, or serious or life-threatening diseases in, humans. 

‘‘(b) REQUEST FOR DESIGNATION.—The sponsor of a new animal 

drug may request the Secretary to designate a new animal drug 

described in subsection (a) as a priority zoonotic animal drug. 

A request for the designation may be made concurrently with, 

or at any time after, the opening of an investigational new animal 

drug file under section 512(j) or the filing of an application under 

section 512(b)(1) or 571. 

‘‘(c) DESIGNATION.— ‘‘(1) IN GENERAL.—Not later than 60 calendar days after 

the receipt of a request under subsection (b), the Secretary 

shall determine whether the new animal drug that is the subject of the request meets the criteria described in subsection 

(a). If the Secretary determines that the new animal drug 

meets the criteria, the Secretary shall designate the new animal 

drug as a priority zoonotic animal drug and shall take such 

actions as are appropriate to expedite the development and 
H. R. 748—105 

review of the application for approval or conditional approval 

of such new animal drug. 

‘‘(2) ACTIONS.—The actions to expedite the development 

and review of an application under paragraph (1) may include, 

as appropriate— 

‘‘(A) taking steps to ensure that the design of clinical 

trials is as efficient as practicable, when scientifically 

appropriate, such as by utilizing novel trial designs or 

drug development tools (including biomarkers) that may 

reduce the number of animals needed for studies; 

‘‘(B) providing timely advice to, and interactive communication with, the sponsor (which may include meetings 

with the sponsor and review team) regarding the development of the new animal drug to ensure that the development program to gather the nonclinical and clinical data 

necessary for approval is as efficient as practicable; 

‘‘(C) involving senior managers and review staff with 

experience in zoonotic or vector-borne disease to facilitate 

collaborative, cross-disciplinary review, including, as appropriate, across agency centers; and 

‘‘(D) implementing additional administrative or process 

enhancements, as necessary, to facilitate an efficient review 

and development program.’’. 

PART IV—HEALTH CARE WORKFORCE 

SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE 

PROGRAMS. 

Title VII of the Public Health Service Act (42 U.S.C. 292 

et seq.) is amended— 

(1) in section 736 (42 U.S.C. 293), by striking subsection 

(i) and inserting the following: 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $23,711,000 for each 

of fiscal years 2021 through 2025.’’; 

(2) in section 740 (42 U.S.C. 293d)— 

(A) in subsection (a), by striking ‘‘$51,000,000 for fiscal 

year 2010, and such sums as may be necessary for each 

of the fiscal years 2011 through 2014’’ and inserting 

‘‘$51,470,000 for each of fiscal years 2021 through 2025’’; 

(B) in subsection (b), by striking ‘‘$5,000,000 for each 

of the fiscal years 2010 through 2014’’ and inserting 

‘‘$1,190,000 for each of fiscal years 2021 through 2025’’; 

(C) in subsection (c), by striking ‘‘$60,000,000 for fiscal 

year 2010 and such sums as may be necessary for each 

of the fiscal years 2011 through 2014’’ and inserting 

‘‘$15,000,000 for each of fiscal years 2021 through 2025’’; 

and 

(D) in subsection (d), by striking ‘‘Not Later than 6 

months after the date of enactment of this part, the Secretary shall prepare and submit to the appropriate committees of Congress’’ and inserting: ‘‘Not later than September 

30, 2025, and every five years thereafter, the Secretary 

shall prepare and submit to the Committee on Health, 

Education, Labor, and Pensions of the Senate, and the 

Committee on Energy and Commerce of the House of Representatives,’’; 
H. R. 748—106 

(3) in section 747 (42 U.S.C. 293k)— 

(A) in subsection (a)— 

(i) in paragraph (1)(G), by striking ‘‘to plan, 

develop, and operate a demonstration program that 

provides training’’ and inserting: ‘‘to plan, develop, and 

operate a program that identifies or develops innovative models of providing care, and trains primary care 

physicians on such models and’’; and 

(ii) by adding at the end the following: 

‘‘(3) PRIORITIES IN MAKING AWARDS.—In awarding grants 

or contracts under paragraph (1), the Secretary may give priority to qualified applicants that train residents in rural areas, 

including for Tribes or Tribal Organizations in such areas.’’; 

(B) in subsection (b)(3)(E), by striking ‘‘substancerelated disorders’’ and inserting ‘‘substance use disorders’’; 

and 

(C) in subsection (c)(1), by striking ‘‘$125,000,000 for 

fiscal year 2010, and such sums as may be necessary for 

each of fiscal years 2011 through 2014’’ and inserting 

‘‘$48,924,000 for each of fiscal years 2021 through 2025’’; 

(4) in section 748 (42 U.S.C. 293k–2)— 

(A) in subsection (c)(5), by striking ‘‘substance-related 

disorders’’ and inserting ‘‘substance use disorders’’; and 

(B) in subsection (f), by striking ‘‘$30,000,000 for fiscal 

year 2010 and such sums as may be necessary for each 

of fiscal years 2011 through 2015’’ and inserting 

‘‘$28,531,000 for each of fiscal years 2021 through 2025’’; 

(5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking 

‘‘Committee on Labor and Human Resources of the Senate, 

and the Committee on Commerce of the House of Representatives’’ and inserting ‘‘Committee on Health, Education, Labor, 

and Pensions of the Senate, and the Committee on Energy 

and Commerce of the House of Representatives’’; 

(6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking 

‘‘$125,000,000 for each of the fiscal years 2010 through 2014’’ 

and inserting ‘‘$41,250,000 for each of fiscal years 2021 through 

2025’’; 

(7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by 

striking ‘‘new and innovative’’ and inserting ‘‘innovative or evidence-based’’; 

(8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by 

striking ‘‘the elderly’’ and inserting ‘‘geriatric populations or 

for maternal and child health’’; 

(9) in section 761(e) (42 U.S.C. 294n(e))— 

(A) in paragraph (1)(A), by striking ‘‘$7,500,000 for 

each of fiscal years 2010 through 2014’’ and inserting 

‘‘$5,663,000 for each of fiscal years 2021 through 2025’’; 

and 

(B) in paragraph (2), by striking ‘‘subsection (a)’’ and 

inserting ‘‘paragraph (1)’’; 

(10) in section 762 (42 U.S.C. 294o)— 

(A) in subsection (a)(1), by striking ‘‘Committee on 

Labor and Human Resources’’ and inserting ‘‘Committee 

on Health, Education, Labor, and Pensions’’; 

(B) in subsection (b)— 
H. R. 748—107 

(i) in paragraph (2), by striking ‘‘Health Care 

Financing Administration’’ and inserting ‘‘Centers for 

Medicare & Medicaid Services’’; 

(ii) by redesignating paragraphs (4) through (6) 

as paragraphs (5) through (7), respectively; and 

(iii) by inserting after paragraph (3), the following: 

‘‘(4) the Administrator of the Health Resources and Services 

Administration;’’; 

(C) by striking subsections (i), (j), and (k) and inserting 

the following: 

‘‘(i) REPORTS.—Not later than September 30, 2023, and not 

less than every 5 years thereafter, the Council shall submit to 

the Secretary, and to the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Energy and 

Commerce of the House of Representatives, a report on the recommendations described in subsection (a).’’; and 

(D) by redesignating subsection (l) as subsection (j); 

(11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by striking 

‘‘that plans’’ and all that follows through the period and 

inserting ‘‘that plans, develops, operates, and evaluates projects 

to improve preventive medicine, health promotion and disease 

prevention, or access to and quality of health care services 

in rural or medically underserved communities.’’; 

(12) in section 770(a) (42 U.S.C. 295e(a)), by striking 

‘‘$43,000,000 for fiscal year 2011, and such sums as may be 

necessary for each of the fiscal years 2012 through 2015’’ and 

inserting ‘‘$17,000,000 for each of fiscal years 2021 through 

2025’’; and 

(13) in section 775(e) (42 U.S.C. 295f(e)), by striking 

‘‘$30,000,000’’ and all that follows through the period and 

inserting ‘‘such sums as may be necessary for each of fiscal 

years 2021 through 2025.’’. 

SEC. 3402. HEALTH WORKFORCE COORDINATION. 

(a) STRATEGIC PLAN.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary of Health and Human 

Services (referred to in this Act as the ‘‘Secretary’’), in consultation with the Advisory Committee on Training in Primary 

Care Medicine and Dentistry and the Advisory Council on 

Graduate Medical Education, shall develop a comprehensive 

and coordinated plan with respect to the health care workforce 

development programs of the Department of Health and Human 

Services, including education and training programs. 

(2) REQUIREMENTS.—The plan under paragraph (1) shall— 

(A) include performance measures to determine the 

extent to which the programs described in paragraph (1) 

are strengthening the Nation’s health care system; 

(B) identify any gaps that exist between the outcomes 

of programs described in paragraph (1) and projected health 

care workforce needs identified in workforce projection 

reports conducted by the Health Resources and Services 

Administration; 

(C) identify actions to address the gaps described in 

subparagraph (B); and 

(D) identify barriers, if any, to implementing the 

actions identified under subparagraph (C). 
H. R. 748—108 

(b) COORDINATION WITH OTHER AGENCIES.—The Secretary shall 

coordinate with the heads of other Federal agencies and departments that fund or administer health care workforce development 

programs, including education and training programs, to— 

(1) evaluate the performance of such programs, including 

the extent to which such programs are efficient and effective 

and are meeting the nation’s health workforce needs; and 

(2) identify opportunities to improve the quality and 

consistency of the information collected to evaluate within and 

across such programs, and to implement such improvements. 

(c) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Health, 

Education, Labor, and Pensions of the Senate, and the Committee 

on Energy and Commerce of the House of Representatives, a report 

describing the plan developed under subsection (a) and actions 

taken to implement such plan. 

SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS. 

Section 753 of the Public Health Service Act (42 U.S.C. 294c) 

is amended to read as follows: 

‘‘SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS. 

‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall award grants, contracts, or cooperative agreements under this subsection to entities described in paragraph (1), (3), or (4) of section 799B, 

section 801(2), or section 865(d), or other health professions 

schools or programs approved by the Secretary, for the 

establishment or operation of Geriatrics Workforce Enhancement Programs that meet the requirements of paragraph (2). 

‘‘(2) REQUIREMENTS.— ‘‘(A) IN GENERAL.—A Geriatrics Workforce Enhancement Program receiving an award under this section shall 

support the training of health professionals in geriatrics, 

including traineeships or fellowships. Such programs shall 

emphasize, as appropriate, patient and family engagement, 

integration of geriatrics with primary care and other appropriate specialties, and collaboration with community partners to address gaps in health care for older adults. 

‘‘(B) ACTIVITIES.—Activities conducted by a program 

under this section may include the following: 

‘‘(i) Clinical training on providing integrated geriatrics and primary care delivery services. 

‘‘(ii) Interprofessional training to practitioners from 

multiple disciplines and specialties, including training 

on the provision of care to older adults. 

‘‘(iii) Establishing or maintaining training-related 

community-based programs for older adults and caregivers to improve health outcomes for older adults. 

‘‘(iv) Providing education on Alzheimer’s disease 

and related dementias to families and caregivers of 

older adults, direct care workers, and health professions students, faculty, and providers. 

‘‘(3) DURATION.—Each grant, contract, or cooperative agreement or contract awarded under paragraph (1) shall be for 

a period not to exceed 5 years. 

‘‘(4) APPLICATIONS.—To be eligible to receive a grant, contract, or cooperative agreement under paragraph (1), an entity 
H. R. 748—109 

described in such paragraph shall submit to the Secretary 

an application at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(5) PROGRAM REQUIREMENTS.— 

‘‘(A) IN GENERAL.—In awarding grants, contracts, and 

cooperative agreements under paragraph (1), the Secretary— 

‘‘(i) shall give priority to programs that demonstrate coordination with another Federal or State 

program or another public or private entity; 

‘‘(ii) shall give priority to applicants with programs 

or activities that are expected to substantially benefit 

rural or medically underserved populations of older 

adults, or serve older adults in Indian Tribes or Tribal 

organizations; and 

‘‘(iii) may give priority to any program that— 

‘‘(I) integrates geriatrics into primary care 

practice; 

‘‘(II) provides training to integrate geriatric 

care into other specialties across care settings, 

including practicing clinical specialists, health care 

administrators, faculty without backgrounds in 

geriatrics, and students from all health professions; 

‘‘(III) emphasizes integration of geriatric care 

into existing service delivery locations and care 

across settings, including primary care clinics, 

medical homes, Federally qualified health centers, 

ambulatory care clinics, critical access hospitals, 

emergency care, assisted living and nursing facilities, and home- and community-based services, 

which may include adult daycare; 

‘‘(IV) supports the training and retraining of 

faculty, primary care providers, other direct care 

providers, and other appropriate professionals on 

geriatrics; 

‘‘(V) emphasizes education and engagement of 

family caregivers on disease management and 

strategies to meet the needs of caregivers of older 

adults; or 

‘‘(VI) proposes to conduct outreach to communities that have a shortage of geriatric workforce 

professionals. 

‘‘(B) SPECIAL CONSIDERATION.—In awarding grants, 

contracts, and cooperative agreements under this section, 

the Secretary shall give special consideration to entities 

that provide services in areas with a shortage of geriatric 

workforce professionals. 

‘‘(6) PRIORITY.—The Secretary may provide awardees with 

additional support for activities in areas of demonstrated need, 

which may include education and training for home health 

workers, family caregivers, and direct care workers on care 

for older adults. 

‘‘(7) REPORTING.— ‘‘(A) REPORTS FROM ENTITIES.—Each entity awarded 

a grant, contract, or cooperative agreement under this section shall submit an annual report to the Secretary on 
H. R. 748—110 

the activities conducted under such grant, contract, or 

cooperative agreement, which may include information on 

the number of trainees, the number of professions and 

disciplines, the number of partnerships with health care 

delivery sites, the number of faculty and practicing professionals who participated in such programs, and other 

information, as the Secretary may require. 

‘‘(B) REPORT TO CONGRESS.—Not later than 4 years 

after the date of enactment of the Title VII Health Care 

Workforce Reauthorization Act of 2019 and every 5 years 

thereafter, the Secretary shall submit to the Committee 

on Health, Education, Labor, and Pensions of the Senate 

and the Committee on Energy and Commerce of the House 

of Representatives a report that provides a summary of 

the activities and outcomes associated with grants, contracts, and cooperative agreements made under this section. Such reports shall include— 

‘‘(i) information on the number of trainees, faculty, 

and professionals who participated in programs under 

this section; 

‘‘(ii) information on the impact of the program 

conducted under this section on the health status of 

older adults, including in areas with a shortage of 

health professionals; and 

‘‘(iii) information on outreach and education provided under this section to families and caregivers 

of older adults. 

‘‘(C) PUBLIC AVAILABILITY.—The Secretary shall make 

reports submitted under paragraph (B) publically available 

on the internet website of the Department of Health and 

Human Services. 

‘‘(b) GERIATRIC ACADEMIC CAREER AWARDS.— 

‘‘(1) ESTABLISHMENT OF PROGRAM.—The Secretary shall, 

as appropriate, establish or maintain a program to provide 

geriatric academic career awards to eligible entities applying 

on behalf of eligible individuals to promote the career development of such individuals as academic geriatricians or other 

academic geriatrics health professionals. 

‘‘(2) ELIGIBILITY.— 

‘‘(A) ELIGIBLE ENTITY.—For purposes of this subsection, 

the term ‘eligible entity’ means— 

‘‘(i) an entity described in paragraph (1), (3), or 

(4) of section 799B or section 801(2); or 

‘‘(ii) another accredited health professions school 

or graduate program approved by the Secretary. 

‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of this subsection, the term ‘eligible individual’ means an individual 

who— 

‘‘(i)(I) is board certified or board eligible in internal 

medicine, family practice, psychiatry, or licensed dentistry, or has completed required training in a discipline and is employed in an accredited health professions school or graduate program that is approved 

by the Secretary; or 

‘‘(II) has completed an approved fellowship program in geriatrics, or has completed specialty training 

in geriatrics as required by the discipline and any 
H. R. 748—111 

additional geriatrics training as required by the Secretary; and 

‘‘(ii) has a junior, nontenured, faculty appointment 

at an accredited health professions school or graduate 

program in geriatrics or a geriatrics health profession. 

‘‘(C) CLARIFICATION.—If an eligible individual is promoted during the period of an award under this subsection 

and thereby no longer meets the criteria of subparagraph 

(B)(ii), the individual shall continue to be treated as an 

eligible individual through the term of the award. 

‘‘(3) APPLICATION REQUIREMENTS.—In order to receive an 

award under paragraph (1), an eligible entity, on behalf of 

an eligible individual, shall— 

‘‘(A) submit to the Secretary an application, at such 

time, in such manner, and containing such information 

as the Secretary may require; 

‘‘(B) provide, in such form and manner as the Secretary 

may require, assurances that the eligible individual will 

meet the service requirement described in paragraph (6); 

and 

‘‘(C) provide, in such form and manner as the Secretary 

may require, assurances that the individual has a fulltime faculty appointment in a health professions institution 

and documented commitment from such eligible entity that 

the individual will spend 75 percent of the individual’s 

time that is supported by the award on teaching and developing skills in interdisciplinary education in geriatrics. 

‘‘(4) EQUITABLE DISTRIBUTION.—In making awards under 

this subsection, the Secretary shall seek to ensure geographical 

distribution among award recipients, including among rural 

or medically underserved areas of the United States. 

‘‘(5) AMOUNT AND DURATION.— 

‘‘(A) AMOUNT.—The amount of an award under this 

subsection shall be at least $75,000 for fiscal year 2021, 

adjusted for subsequent years in accordance with the consumer price index. The Secretary shall determine the 

amount of an award under this subsection for individuals 

who are not physicians. 

‘‘(B) DURATION.—The Secretary shall make awards 

under paragraph (1) for a period not to exceed 5 years. 

‘‘(6) SERVICE REQUIREMENT.—An individual who receives 

an award under this subsection shall provide training in clinical 

geriatrics, including the training of interprofessional teams of 

health care professionals. The provision of such training shall 

constitute at least 75 percent of the obligations of such individual under the award. 

‘‘(c) NONAPPLICABILITY OF PROVISION.—Notwithstanding any 

other provision of this title, section 791(a) shall not apply to awards 

made under this section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $40,737,000 for each of fiscal years 2021 through 

2025 for purposes of carrying out this section.’’. 

SEC. 3404. NURSING WORKFORCE DEVELOPMENT. 

(a) IN GENERAL.—Title VIII of the Public Health Service Act 

(42 U.S.C. 296 et seq.) is amended— 
H. R. 748—112 

(1) in section 801 (42 U.S.C. 296), by adding at the end 

the following: 

‘‘(18) NURSE MANAGED HEALTH CLINIC.—The term ‘nurse 

managed health clinic’ means a nurse-practice arrangement, 

managed by advanced practice nurses, that provides primary 

care or wellness services to underserved or vulnerable populations and that is associated with a school, college, university 

or department of nursing, federally qualified health center, 

or independent nonprofit health or social services agency.’’; 

(2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ‘‘, 

and how such project aligns with the goals in section 806(a)’’ 

before the period in the second sentence; 

(3) in section 803(b) (42 U.S.C. 296b(b)), by adding at 

the end the following: ‘‘Such Federal funds are intended to 

supplement, not supplant, existing non-Federal expenditures 

for such activities.’’; 

(4) in section 806 (42 U.S.C. 296e)— 

(A) in subsection (a), by striking ‘‘as needed to’’ and 

all that follows and inserting the following: ‘‘as needed 

to address national nursing needs, including— 

‘‘(1) addressing challenges, including through supporting 

training and education of nursing students, related to the distribution of the nursing workforce and existing or projected 

nursing workforce shortages in geographic areas that have 

been identified as having, or that are projected to have, a 

nursing shortage; 

‘‘(2) increasing access to and the quality of health care 

services, including by supporting the training of professional 

registered nurses, advanced practice registered nurses, and 

advanced education nurses within community based settings 

and in a variety of health delivery system settings; or 

‘‘(3) addressing the strategic goals and priorities identified 

by the Secretary and that are in accordance with this title. 

Contracts may be entered into under this title with public or private 

entities as determined necessary by the Secretary.’’; 

(B) in subsection (b)(2), by striking ‘‘a demonstration’’ 

and all that follows and inserting the following: ‘‘the 

reporting of data and information demonstrating that satisfactory progress has been made by the program or project 

in meeting the performance outcome standards (as 

described in section 802) of such program or project.’’; 

(C) in subsection (e)(2), by inserting ‘‘, and have relevant expertise and experience’’ before the period at the 

end of the first sentence; and 

(D) by adding at the end the following: 

‘‘(i) BIENNIAL REPORT ON NURSING WORKFORCE PROGRAM

IMPROVEMENTS.—Not later than September 30, 2020, and biennially 

thereafter, the Secretary shall submit to the Committee on Health, 

Education, Labor, and Pensions of the Senate and the Committee 

on Energy and Commerce of the House of Representatives, a report 

that contains an assessment of the programs and activities of the 

Department of Health and Human Services related to enhancing 

the nursing workforce, including the extent to which programs 

and activities under this title meet the identified goals and performance measures developed for the respective programs and activities, 

and the extent to which the Department coordinates with other 
H. R. 748—113 

Federal departments regarding programs designed to improve the 

nursing workforce.’’; 

(5) in section 811 (42 U.S.C. 296j)— 

(A) in subsection (b)— 

(i) by striking ‘‘Master’s’’ and inserting ‘‘graduate’’; 

and 

(ii) by inserting ‘‘clinical nurse leaders,’’ after 

‘‘nurse administrators,’’; 

(B) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and 

(C) by inserting after subsection (e), the following: 

‘‘(f) AUTHORIZED CLINICAL NURSE SPECIALIST PROGRAMS.—Clinical nurse specialist programs eligible for support under this section 

are education programs that— 

‘‘(1) provide registered nurses with full-time clinical nurse 

specialist education; and 

‘‘(2) have as their objective the education of clinical nurse 

specialists who will, upon completion of such a program, be 

qualified to effectively provide care through the wellness and 

illness continuum to inpatients and outpatients experiencing 

acute and chronic illness.’’; and 

(6) in section 831 (42 U.S.C. 296p)— 

(A) in the section heading, by striking ‘‘AND QUALITY

GRANTS’’ and inserting ‘‘QUALITY, AND RETENTION

GRANTS’’; 

(B) in subsection (b)(2), by striking ‘‘other high-risk 

groups such as the elderly, individuals with HIV/AIDS, 

substance abusers, the homeless, and victims’’ and 

inserting ‘‘high risk groups, such as the elderly, individuals 

with HIV/AIDS, individuals with mental health or substance use disorders, individuals who are homeless, and 

survivors’’; 

(C) in subsection (c)(1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘advancement for nursing personnel’’ and inserting the following: ‘‘advancement 

for— 

‘‘(i) nursing’’; 

(II) by striking ‘‘professional nurses, advanced 

education nurses, licensed practical nurses, certified nurse assistants, and home health aides’’ 

and inserting ‘‘professional registered nurses, 

advanced practice registered nurses, and nurses 

with graduate nursing education’’; and 

(III) by adding at the end the following: 

‘‘(ii) individuals including licensed practical nurses, 

licensed vocational nurses, certified nurse assistants, 

home health aides, diploma degree or associate degree 

nurses, and other health professionals, such as health 

aides or community health practitioners certified under 

the Community Health Aide Program of the Indian 

Health Service, to become registered nurses with baccalaureate degrees or nurses with graduate nursing education;’’; 

(ii) in subparagraph (B), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 
H. R. 748—114 

‘‘(C) developing and implementing internships, accredited fellowships, and accredited residency programs in 

collaboration with one or more accredited schools of 

nursing, to encourage the mentoring and development of 

specialties.’’; 

(D) by striking subsections (e) and (h); 

(E) by redesignating subsections (f) and (g), as subsections (e) and (f), respectively; 

(F) in subsection (e) (as so redesignated), by striking 

‘‘The Secretary shall submit to the Congress before the 

end of each fiscal year’’ and inserting ‘‘As part of the 

report on nursing workforce programs described in section 

806(i), the Secretary shall include’’; and 

(G) in subsection (f) (as so redesignated), by striking 

‘‘a school of nursing, as defined in section 801(2),,’’ and 

inserting ‘‘an accredited school of nursing, as defined in 

section 801(2), a health care facility, including federally 

qualified health centers or nurse-managed health clinics, 

or a partnership of such a school and facility’’; 

(7) by striking section 831A (42 U.S.C. 296p–1); 

(8) in section 846 (42 U.S.C. 297n)— 

(A) by striking the last sentence of subsection (a); 

(B) in subsection (b)(1), by striking ‘‘he began such 

practice’’ and inserting ‘‘the individual began such practice’’; 

and 

(C) in subsection (i), by striking ‘‘FUNDING’’ in the 

subsection heading and all that follows through ‘‘paragraph 

(1)’’ in paragraph (2), and inserting the following: ‘‘ALLOCATIONS.—Of the amounts appropriated under section 

871(b),’’; 

(9) in section 846A (42 U.S.C. 247n–1), by striking subsection (f); 

(10) in section 847 (42 U.S.C. 297o), by striking subsection 

(g); 

(11) in section 851 (42 U.S.C. 297t)— 

(A) in subsection (b)(1)(A)(iv), by striking ‘‘and nurse 

anesthetists’’ and inserting ‘‘nurse anesthetists, and clinical 

nurse specialists’’; 

(B) in subsection (d)(3)— 

(i) by striking ‘‘3 years after the date of enactment 

of this section’’ and inserting ‘‘2 years after the date 

of enactment of the Title VIII Nursing Reauthorization 

Act’’; 

(ii) by striking ‘‘Labor and Human Resources’’ and 

inserting ‘‘Health, Education, Labor, and Pensions’’; 

and 

(iii) by inserting ‘‘Energy and’’ before ‘‘Commerce’’; 

and 

(C) in subsection (g), by striking ‘‘under this title’’ 

and inserting ‘‘for carrying out parts B, C, and D’’; 

(12) by striking sections 861 and 862 (42 U.S.C. 297w 

and 297x); and 

(13) in section 871 (42 U.S.C. 298d)— 

(A) by striking ‘‘For the purpose of’’ and inserting the 

following: 

‘‘(a) IN GENERAL.—For the purpose of’’; 
H. R. 748—115 

(B) by striking ‘‘$338,000,000 for fiscal year 2010, and 

such sums as may be necessary for each of the fiscal 

years 2011 through 2016’’ and inserting ‘‘$137,837,000 for 

each of fiscal years 2021 through 2025’’; and 

(C) by adding at the end the following: 

‘‘(b) PART E.—For the purpose of carrying out part E, there 

are authorized to be appropriated $117,135,000 for each of the 

fiscal years 2021 through 2025.’’. 

(b) EVALUATION AND REPORT ON NURSE LOAN REPAYMENT PROGRAMS.— 

(1) EVALUATION.—The Comptroller General shall conduct 

an evaluation of the nurse loan repayment programs administered by the Health Resources and Services Administration. 

Such evaluation shall include— 

(A) the manner in which payments are made under 

such programs; 

(B) the existing oversight functions necessary to ensure 

the proper use of such programs, including payments made 

as part of such programs; 

(C) the identification of gaps, if any, in oversight functions; and 

(D) information on the number of nurses assigned to 

facilities pursuant to such programs, including the type 

of facility to which nurses are assigned and the impact 

of modifying the eligibility requirements for programs 

under section 846 of the Public Health Service Act (42 

U.S.C. 297n), such as the impact on entities to which 

nurses had previously been assigned prior to fiscal year 

2019 (such as federally qualified health centers and facilities affiliated with the Indian Health Service). 

(2) REPORT.—Not later than 18 months after the enactment 

of this Act, the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate 

and the Committee on Energy and Commerce of the House 

of Representatives, a report on the evaluation under paragraph 

(1), which may include recommendations to improve relevant 

nursing workforce loan repayment programs. 

Subtitle B—Education Provisions 

SEC. 3501. SHORT TITLE. 

This subtitle may be cited as the ‘‘COVID–19 Pandemic Education Relief Act of 2020’’. 

SEC. 3502. DEFINITIONS. 

(a) DEFINITIONS.—In this subtitle: 

(1) CORONAVIRUS.—The term ‘‘coronavirus’’ has the 

meaning given the term in section 506 of the Coronavirus 

Preparedness and Response Supplemental Appropriations Act, 

2020 (Public Law 116–123). 

(2) FOREIGN INSTITUTION.—The term ‘‘foreign institution’’ 

means an institution of higher education located outside the 

United States that is described in paragraphs (1)(C) and (2) 

of section 102(a) of the Higher Education Act of 1965 (20 

U.S.C. 1002(a)). 
H. R. 748—116 

(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning of the term under 

section 102 of the Higher Education Act of 1965 (20 U.S.C. 

1002). 

(4) QUALIFYING EMERGENCY.—The term ‘‘qualifying emergency’’ means— 

(A) a public health emergency related to the 

coronavirus declared by the Secretary of Health and 

Human Services pursuant to section 319 of the Public 

Health Service Act (42 U.S.C. 247d); 

(B) an event related to the coronavirus for which the 

President declared a major disaster or an emergency under 

section 401 or 501, respectively, of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170 and 5191); or 

(C) a national emergency related to the coronavirus 

declared by the President under section 201 of the National 

Emergencies Act (50 U.S.C. 1601 et seq.). 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

SEC. 3503. CAMPUS-BASED AID WAIVERS. 

(a) WAIVER OF NON-FEDERAL SHARE REQUIREMENT.—Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education 

Act of 1965 (20 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with 

respect to funds made available for award years 2019–2020 and 

2020–2021, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share 

to match Federal funds provided to the institution for the programs 

authorized pursuant to subpart 3 of part A and part C of title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq. 

and 1087–51 et seq.) for all awards made under such programs 

during such award years, except nothing in this subsection shall 

affect the non-Federal share requirement under section 443(c)(3) 

that applies to private for-profit organizations. 

(b) AUTHORITY TO REALLOCATE.—Notwithstanding sections 

413D, 442, and 488 of the Higher Education Act of 1965 (20 U.S.C. 

1070b–3, 1087–52, and 1095), during a period of a qualifying emergency, an institution may transfer up to 100 percent of the institution’s unexpended allotment under section 442 of such Act to the 

institution’s allotment under section 413D of such Act, but may 

not transfer any funds from the institution’s unexpended allotment 

under section 413D of such Act to the institution’s allotment under 

section 442 of such Act. 

SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 

GRANTS FOR EMERGENCY AID. 

(a) IN GENERAL.—Notwithstanding section 413B of the Higher 

Education Act of 1965 (20 U.S.C. 1070b–1), an institution of higher 

education may reserve any amount of an institution’s allocation 

under subpart 3 of part A of title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1070b et seq.) for a fiscal year to award, 

in such fiscal year, emergency financial aid grants to assist undergraduate or graduate students for unexpected expenses and unmet 

financial need as the result of a qualifying emergency. 

(b) DETERMINATIONS.—In determining eligibility for and 

awarding emergency financial aid grants under this section, an 

institution of higher education may— 
H. R. 748—117 

(1) waive the amount of need calculation under section 

471 of the Higher Education Act of 1965 (20 U.S.C. 1087kk); 

(2) allow for a student affected by a qualifying emergency 

to receive funds in an amount that is not more than the 

maximum Federal Pell Grant for the applicable award year; 

and 

(3) utilize a contract with a scholarship-granting organization designated for the sole purpose of accepting applications 

from or disbursing funds to students enrolled in the institution 

of higher education, if such scholarship-granting organization 

disburses the full allocated amount provided to the institution 

of higher education to the recipients. 

(c) SPECIAL RULE.—Any emergency financial aid grants to students under this section shall not be treated as other financial 

assistance for the purposes of section 471 of the Higher Education 

Act of 1965 (20 U.S.C. 1087kk). 

SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY. 

(a) IN GENERAL.—In the event of a qualifying emergency, an 

institution of higher education participating in the program under 

part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 

1087–51 et seq.) may make payments under such part to affected 

work-study students, for the period of time (not to exceed one 

academic year) in which affected students were unable to fulfill 

the students’ work-study obligation for all or part of such academic 

year due to such qualifying emergency, as follows: 

(1) Payments may be made under such part to affected 

work-study students in an amount equal to or less than the 

amount of wages such students would have been paid under 

such part had the students been able to complete the work 

obligation necessary to receive work study funds, as a one 

time grant or as multiple payments. 

(2) Payments shall not be made to any student who was 

not eligible for work study or was not completing the work 

obligation necessary to receive work study funds under such 

part prior to the occurrence of the qualifying emergency. 

(3) Any payments made to affected work-study students 

under this subsection shall meet the matching requirements 

of section 443 of the Higher Education Act of 1965 (20 U.S.C. 

1087–53), unless such matching requirements are waived by 

the Secretary. 

(b) DEFINITION OF AFFECTED WORK-STUDY STUDENT.—In this 

section, the term ‘‘affected work-study student’’ means a student 

enrolled at an eligible institution participating in the program under 

part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 

1087–51 et seq.) who— 

(1) received a work-study award under section 443 of the 

Higher Education Act of 1965 (20 U.S.C. 1087–53) for the 

academic year during which a qualifying emergency occurred; 

(2) earned Federal work-study wages from such eligible 

institution for such academic year; and 

(3) was prevented from fulfilling the student’s work-study 

obligation for all or part of such academic year due to such 

qualifying emergency. 
H. R. 748—118 

SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS. 

Notwithstanding section 455(q)(3) of the Higher Education Act 

of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from 

a student’s period of enrollment for purposes of loans made under 

part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 

1087a et seq.) any semester (or the equivalent) that the student 

does not complete due to a qualifying emergency, if the Secretary 

is able to administer such policy in a manner that limits complexity 

and the burden on the student. 

SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT. 

The Secretary shall exclude from a student’s Federal Pell Grant 

duration limit under section 401(c)(5) of the Higher Education Act 

of 1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) 

that the student does not complete due to a qualifying emergency 

if the Secretary is able to administer such policy in a manner 

that limits complexity and the burden on the student. 

SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN 

FLEXIBILITY. 

(a) INSTITUTIONAL WAIVER.— 

(1) IN GENERAL.—The Secretary shall waive the institutional requirement under section 484B of the Higher Education 

Act of 1965 (20 U.S.C. 1091b) with respect to the amount 

of grant or loan assistance (other than assistance received 

under part C of title IV of such Act) to be returned under 

such section if a recipient of assistance under title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the institution of higher education during the payment period or period of enrollment as a result of a qualifying 

emergency. 

(2) WAIVERS.—The Secretary shall require each institution 

using a waiver relating to the withdrawal of recipients under 

this subsection to report the number of such recipients, the 

amount of grant or loan assistance (other than assistance 

received under part C of title IV of such Act) associated with 

each such recipient, and the total amount of grant or loan 

assistance (other than assistance received under part C of 

title IV of such Act) for which each institution has not returned 

assistance under title IV to the Secretary. 

(b) STUDENT WAIVER.—The Secretary shall waive the amounts 

that students are required to return under section 484B of the 

Higher Education Act of 1965 (20 U.S.C. 1091b) with respect to 

Federal Pell Grants or other grant assistance if the withdrawals 

on which the returns are based, are withdrawals by students who 

withdrew from the institution of higher education as a result of 

a qualifying emergency. 

(c) CANCELING LOAN OBLIGATION.—Notwithstanding any other 

provision of the Higher Education Act of 1965 (20 U.S.C. 1001 

et seq.), the Secretary shall cancel the borrower’s obligation to 

repay the entire portion of a loan made under part D of title 

IV of such Act (20 U.S.C. 1087a et seq.) associated with a payment 

period for a recipient of such loan who withdraws from the institution of higher education during the payment period as a result 

of a qualifying emergency. 

(d) APPROVED LEAVE OF ABSENCE.—Notwithstanding any other 

provision of the Higher Education Act of 1965 (20 U.S.C. 1001 
H. R. 748—119 

et seq.), for purposes of receiving assistance under title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution 

of higher education may, as a result of a qualifying emergency, 

provide a student with an approved leave of absence that does 

not require the student to return at the same point in the academic 

program that the student began the leave of absence if the student 

returns within the same semester (or the equivalent). 

SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. 

Notwithstanding section 484 of the Higher Education Act of 

1965 (20 U.S.C. 1091), in determining whether a student is 

maintaining satisfactory academic progress for purposes of title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 

an institution of higher education may, as a result of a qualifying 

emergency, exclude from the quantitative component of the calculation any attempted credits that were not completed by such student 

without requiring an appeal by such student. 

SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS. 

(a) IN GENERAL.—Notwithstanding section 481(b) of the Higher 

Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign 

institution, in the case of a public health emergency, major disaster 

or emergency, or national emergency declared by the applicable 

government authorities in the country in which the foreign institution is located, the Secretary may permit any part of an otherwise 

eligible program to be offered via distance education for the duration 

of such emergency or disaster and the following payment period 

for purposes of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070 et seq.). 

(b) ELIGIBILITY.—An otherwise eligible program that is offered 

in whole or in part through distance education by a foreign institution between March 1, 2020, and the date of enactment of this 

Act shall be deemed eligible for the purposes of part D of title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) 

for the duration of the qualifying emergency and the following 

payment period for purposes of title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1070 et seq.). An institution of higher 

education that uses the authority provided in the previous sentence 

shall report such use to the Secretary— 

(1) for the 2019–2020 award year, not later than June 

30, 2020; and 

(2) for an award year subsequent to the 2019–2020 award 

year, not later than 30 days after such use. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the duration 

of the qualifying emergency and the following payment period, 

the Secretary shall submit to the authorizing committees (as defined 

in section 103 of the Higher Education Act of 1965 (20 U.S.C. 

1003)) a report that identifies each foreign institution that carried 

out a distance education program authorized under this section. 

(d) WRITTEN ARRANGEMENTS.— (1) IN GENERAL.—Notwithstanding section 102 of the 

Higher Education Act of 1965 (20 U.S.C. 1002), for the duration 

of a qualifying emergency and the following payment period, 

the Secretary may allow a foreign institution to enter into 

a written arrangement with an institution of higher education 

located in the United States that participates in the Federal 
H. R. 748—120 

Direct Loan Program under part D of title IV of the Higher 

Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose 

of allowing a student of the foreign institution who is a borrower 

of a loan made under such part to take courses from the 

institution of higher education located in the United States. 

(2) FORM OF ARRANGEMENTS.— 

(A) PUBLIC OR OTHER NONPROFIT INSTITUTIONS.—A foreign institution that is a public or other nonprofit institution may enter into a written arrangement under subsection (a) only with an institution of higher education 

described in section 101 of such Act (20 U.S.C. 1001). 

(B) OTHER INSTITUTIONS.—A foreign institution that 

is a graduate medical school, nursing school, or a veterinary 

school and that is not a public or other nonprofit institution 

may enter into a written arrangement under subsection 

(a) with an institution of higher education described in 

section 101 or section 102 of such Act (20 U.S.C. 1001 

and 1002). 

(3) REPORT ON USE.—An institution of higher education 

that uses the authority described in paragraph (2) shall report 

such use to the Secretary— 

(A) for the 2019–2020 award year, not later than June 

30, 2020; and 

(B) for an award year subsequent to the 2019–2020 

award year, not later than 30 days after such use. 

(4) REPORT FROM THE SECRETARY.—Not later than 180 days 

after the date of enactment of this Act, and every 180 days 

thereafter for the duration of the qualifying emergency and 

the following payment period, the Secretary shall submit to 

the authorizing committees (as defined in section 103 of the 

Higher Education Act of 1965 (20 U.S.C. 1003)) a report that 

identifies each foreign institution that entered into a written 

arrangement authorized under subsection (a). 

SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Secretary may, upon the request of a State educational agency 

or Indian tribe, waive any statutory or regulatory provision 

described under paragraphs (1) and (2) of subsection (b), and upon 

the request of a local educational agency, waive any statutory 

or regulatory provision described under paragraph (2) of subsection 

(b), if the Secretary determines that such a waiver is necessary 

and appropriate due to the emergency involving Federal primary 

responsibility determined to exist by the President under the section 

501(b) of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus 

Disease 2019 (COVID–19). 

(b) APPLICABLE PROVISIONS OF LAW.— 

(1) STREAMLINED WAIVERS.—The Secretary shall create an 

expedited application process to request a waiver and the Secretary may waive any statutory or regulatory requirements 

for a State educational agency (related to assessments, accountability, and reporting requirements related to assessments and 

accountability), if the Secretary determines that such a waiver 

is necessary and appropriate as described in subsection (a), 

under the following provisions of law: 
H. R. 748—121 

(A) The following provisions under section 1111 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311): 

(i) Paragraphs (2) and (3) of subsection (b). 

(ii) Subsection (c)(4). 

(iii) Subparagraphs (C) and (D) of subsection (d)(2). 

(iv) The following provisions under subsection (h) 

of such section 1111: 

(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), (vii), 

and (xi) of paragraph (1)(C). 

(II) Paragraph (2)(C) with respect to the 

waived requirements under subclause (I). 

(III) Clauses (i) and (ii) of paragraph (2)(C). 

(B) Section 421(b) of the General Education Provisions 

Act (20 U.S.C. 1225(b)). 

(2) STATE AND LOCALLY-REQUESTED WAIVERS.—For a State 

educational agency, local educational agency, or Indian tribe 

that receives funds under a program authorized under the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.) that requests a waiver under subsection (c), the 

Secretary may waive statutory and regulatory requirements 

under any of the following provisions of such Act: 

(A) Section 1114(a)(1). 

(B) Section 1118(a) and section 8521. 

(C) Section 1127. 

(D) Section 4106(d). 

(E) Subparagraphs (C), (D), and (E) of section 

4106(e)(2). 

(F) Section 4109(b). 

(G) The definition under section 8101(42) for purposes 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6301 et seq.). 

(3) APPLICABILITY TO CHARTER SCHOOLS.—Any waivers 

issued by the Secretary under this section shall be implemented, as applicable— 

(A) for all public schools, including public charter 

schools within the boundaries of the recipient of the waiver; 

(B) in accordance with State charter school law; and 

(C) pursuant to section 1111(c)(5) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(5)). 

(4) LIMITATION.—Nothing in this section shall be construed 

to allow the Secretary to waive any statutory or regulatory 

requirements under applicable civil rights laws. 

(5) ACCOUNTABILITY AND IMPROVEMENT.—Any school 

located in a State that receives a waiver under paragraph 

(1) and that is identified for comprehensive support and 

improvement, targeted support and improvement, or additional 

targeted support in the 2019–2020 school year under section 

1111(c)(4)(D) or section 1111(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2)) 

shall maintain that identification status in the 2020–2021 

school year and continue to receive supports and interventions 

consistent with the school’s support and improvement plan 

in the 2020–2021 school year. 

(c) STATE AND LOCAL REQUESTS FOR WAIVERS.— (1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver from 
H. R. 748—122 

any statutory or regulatory provision described under subsection (b)(2), may submit a waiver request to the Secretary 

in accordance with this subsection. 

(2) REQUESTS SUBMITTED.—A request for a waiver under 

this subsection shall— 

(A) identify the Federal programs affected by the 

requested waiver; 

(B) describe which Federal statutory or regulatory 

requirements are to be waived; 

(C) describe how the emergency involving Federal primary responsibility determined to exist by the President 

under the section 501(b) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 

with respect to the Coronavirus Disease 2019 (COVID– 

19) prevents or otherwise restricts the ability of the State, 

State educational agency, local educational agency, Indian 

tribe, or school to comply with such statutory or regulatory 

requirements; and 

(D) provide an assurance that the State educational 

agency, local educational agency, or Indian tribe will work 

to mitigate any negative effects, if any, that may occur 

as a result of the requested waiver. 

(3) SECRETARY APPROVAL.— 

(A) IN GENERAL.—Except as provided under subparagraph (B), the Secretary shall approve or disapprove a 

waiver request submitted under paragraph (1) not more 

than 30 days after the date on which such request is 

submitted. 

(B) EXCEPTIONS.—The Secretary may disapprove a 

waiver request submitted under paragraph (1), only if the 

Secretary determines that— 

(i) the waiver request does not meet the requirements of this section; 

(ii) the waiver is not permitted pursuant to subsection (b)(2); or 

(iii) the description required under paragraph 

(2)(C) provides insufficient information to demonstrate 

that the waiving of such requirements is necessary 

or appropriate consistent with subsection (a). 

(4) DURATION.—A waiver approved by the Secretary under 

this section may be for a period not to exceed the 2019–2020 

academic year, except to carry out full implementation of any 

maintenance of effort waivers granted during the 2019–2020 

academic year. 

(d) REPORTING AND PUBLICATION.— 

(1) PUBLIC NOTICE.—A State educational agency, Indian 

Tribe, or local educational agency requesting a waiver under 

subsection (b)(2) shall provide the public and all local educational agencies in the State with notice of, and the opportunity to comment on, the request by posting information 

regarding the waiver request and the process for commenting 

on the State website. 

(2) NOTIFYING CONGRESS.—Not later than 7 days after 

granting a waiver under this section, the Secretary shall notify 

the Committee on Health, Education, Labor, and Pensions of 

the Senate, the Committee on Appropriations of the Senate, 
H. R. 748—123 

the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House 

of Representatives of such waiver. 

(3) PUBLICATION.—Not later than 30 days after granting 

a waiver under this section, the Secretary shall publish a 

notice of the Secretary’s decision (including which waiver was 

granted and the reason for granting the waiver) in the Federal 

Register and on the website of the Department of Education. 

(4) REPORT.—Not later than 30 days after the date of 

enactment of this Act, the Secretary shall prepare and submit 

a report to the Committee on Health, Education, Labor, and 

Pensions and the Committee on Appropriations of the Senate, 

and the Committee on Education and Labor and the Committee 

on Appropriations of the House of Representatives, with recommendations on any additional waivers under the Individuals 

with Disabilities Education Act (20 U.S.C. 1401 et seq.), the 

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.), and the Carl D. Perkins Career and Technical 

Education Act of 2006 (20 U.S.C. 2301 et seq.) the Secretary 

believes are necessary to be enacted into law to provide limited 

flexibility to States and local educational agencies to meet 

the needs of students during the emergency involving Federal 

primary responsibility determined to exist by the President 

under section 501(b) of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect 

to the Coronavirus Disease 2019 (COVID–19). 

(e) TERMS.—In this section, the term ‘‘State educational agency’’ 

includes the Bureau of Indian Education, and the term ‘‘local educational agency’’ includes Bureau of Indian Education funded 

schools operated pursuant to a grant under the Tribally Controlled 

Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract under 

the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 5301 et seq.). 

SEC. 3512. HBCU CAPITAL FINANCING. 

(a) DEFERMENT PERIOD.— 

(1) IN GENERAL.—Notwithstanding any provision of title 

III of the Higher Education Act of 1965 (20 U.S.C. 1051 et 

seq.), or any regulation promulgated under such title, the Secretary may grant a deferment, for the duration of a qualifying 

emergency, to an institution that has received a loan under 

part D of title III of such Act (20 U.S.C. 1066 et seq.). 

(2) TERMS.—During the deferment period granted under 

this subsection— 

(A) the institution shall not be required to pay any 

periodic installment of principal or interest required under 

the loan agreement for such loan; and 

(B) the Secretary shall make principal and interest 

payments otherwise due under the loan agreement. 

(3) CLOSING.—At the closing of a loan deferred under this 

subsection, terms shall be set under which the institution shall 

be required to repay the Secretary for the payments of principal 

and interest made by the Secretary during the deferment, on 

a schedule that begins upon repayment to the lender in full 

on the loan agreement, except in no case shall repayment 
H. R. 748—124 

be required to begin before the date that is 1 full fiscal year 

after the date that is the end of the qualifying emergency. 

(b) TERMINATION DATE.— 

(1) IN GENERAL.—The authority provided under this section 

to grant a loan deferment under subsection (a) shall terminate 

on the date on which the qualifying emergency is no longer 

in effect. 

(2) DURATION.—Any provision of a loan agreement or insurance agreement modified by the authority under this section 

shall remain so modified for the duration of the period covered 

by the loan agreement or insurance agreement. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter during the period 

beginning on the first day of the qualifying emergency and ending 

on September 30 of the fiscal year following the end of the qualifying 

emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 

1965 (20 U.S.C. 1003)) a report that identifies each institution 

that received assistance under this section. 

(d) FUNDING.—There is hereby appropriated, out of any money 

in the Treasury not otherwise appropriated, $62,000,000 to carry 

out this section. 

SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BORROWERS. 

(a) IN GENERAL.—The Secretary shall suspend all payments 

due for loans made under part D and part B (that are held by 

the Department of Education) of title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) through September 30, 2020. 

(b) NO ACCRUAL OF INTEREST.—Notwithstanding any other 

provision of the Higher Education Act of 1965 (20 U.S.C. 1001 

et seq.), interest shall not accrue on a loan described under subsection (a) for which payment was suspended for the period of 

the suspension. 

(c) CONSIDERATION OF PAYMENTS.—Notwithstanding any other 

provision of the Higher Education Act of 1965 (20 U.S.C. 1001 

et seq.), the Secretary shall deem each month for which a loan 

payment was suspended under this section as if the borrower of 

the loan had made a payment for the purpose of any loan forgiveness program or loan rehabilitation program authorized under part 

D or B of title IV of the Higher Education Act of 1965 (20 U.S.C. 

1087a et seq.; 1071 et seq.) for which the borrower would have 

otherwise qualified. 

(d) REPORTING TO CONSUMER REPORTING AGENCIES.—During 

the period in which the Secretary suspends payments on a loan 

under subsection (a), the Secretary shall ensure that, for the purpose of reporting information about the loan to a consumer reporting 

agency, any payment that has been suspended is treated as if 

it were a regularly scheduled payment made by a borrower. 

(e) SUSPENDING INVOLUNTARY COLLECTION.—During the period 

in which the Secretary suspends payments on a loan under subsection (a), the Secretary shall suspend all involuntary collection 

related to the loan, including— 

(1) a wage garnishment authorized under section 488A 

of the Higher Education Act of 1965 (20 U.S.C. 1095a) or 

section 3720D of title 31, United States Code; 
H. R. 748—125 

(2) a reduction of tax refund by amount of debt authorized 

under section 3720A of title 31, United States Code, or section 

6402(d) of the Internal Revenue Code of 1986; 

(3) a reduction of any other Federal benefit payment by 

administrative offset authorized under section 3716 of title 

31, United States Code (including a benefit payment due to 

an individual under the Social Security Act or any other provision described in subsection (c)(3)(A)(i) of such section); and 

(4) any other involuntary collection activity by the Secretary. 

(f) WAIVERS.—In carrying out this section, the Secretary may 

waive the application of— 

(1) subchapter I of chapter 35 of title 44, United States 

Code (commonly known as the ‘‘Paperwork Reduction Act’’); 

(2) the master calendar requirements under section 482 

of the Higher Education Act of 1965 (20 U.S.C. 1089); 

(3) negotiated rulemaking under section 492 of the Higher 

Education Act of 1965 (20 U.S.C. 1098a); and 

(4) the requirement to publish the notices related to the 

system of records of the agency before implementation required 

under paragraphs (4) and (11) of section 552a(e) of title 5, 

United States Code (commonly known as the ‘‘Privacy Act of 

1974’’), except that the notices shall be published not later 

than 180 days after the date of enactment of this Act. 

(g) NOTICE TO BORROWERS AND TRANSITION PERIOD.—To inform 

borrowers of the actions taken in accordance with this section 

and ensure an effective transition, the Secretary shall— 

(1) not later than 15 days after the date of enactment 

of this Act, notify borrowers— 

(A) of the actions taken in accordance with subsections 

(a) and (b) for whom payments have been suspended and 

interest waived; 

(B) of the actions taken in accordance with subsection 

(e) for whom collections have been suspended; 

(C) of the option to continue making payments toward 

principal; and 

(D) that the program under this section is a temporary 

program. 

(2) beginning on August 1, 2020, carry out a program 

to provide not less than 6 notices by postal mail, telephone, 

or electronic communication to borrowers indicating— 

(A) when the borrower’s normal payment obligations 

will resume; and 

(B) that the borrower has the option to enroll in 

income-driven repayment, including a brief description of 

such options. 

SEC. 3514. PROVISIONS RELATED TO THE CORPORATION FOR 

NATIONAL AND COMMUNITY SERVICE. 

(a) ACCRUAL OF SERVICE HOURS.— 

(1) ACCRUAL THROUGH OTHER SERVICE HOURS.— (A) IN GENERAL.—Notwithstanding any other provision 

of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 

4950 et seq.) or the National and Community Service Act 

of 1990 (42 U.S.C. 12501 et seq.), the Corporation for 

National and Community Service shall allow an individual 

described in subparagraph (B) to accrue other service hours 
H. R. 748—126 

that will count toward the number of hours needed for 

the individual’s education award. 

(B) AFFECTED INDIVIDUALS.—Subparagraph (A) shall 

apply to any individual serving in a position eligible for 

an educational award under subtitle D of title I of the 

National and Community Service Act of 1990 (42 U.S.C. 

12601 et seq.)— 

(i) who is performing limited service due to 

COVID–19; or 

(ii) whose position has been suspended or placed 

on hold due to COVID–19. 

(2) PROVISIONS IN CASE OF EARLY EXIT.—In any case where 

an individual serving in a position eligible for an educational 

award under subtitle D of title I of the National and Community 

Service Act of 1990 (42 U.S.C. 12601 et seq.) was required 

to exit the position early at the direction of the Corporation 

for National and Community Service, the Chief Executive 

Officer of the Corporation for National and Community Service 

may— 

(A) deem such individual as having met the requirements of the position; and 

(B) award the individual the full value of the educational award under such subtitle for which the individual 

would otherwise have been eligible. 

(b) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law, all funds made available to the Corporation for National 

and Community Service under any Act, including the amounts 

appropriated to the Corporation under the headings ‘‘OPERATING

EXPENSES’’, ‘‘SALARIES AND EXPENSES’’, and ‘‘OFFICE OF THE

INSPECTOR GENERAL’’ under the heading ‘‘CORPORATION FOR

NATIONAL AND COMMUNITY SERVICE’’ under title IV of Division 

A of the Further Consolidated Appropriations Act, 2020 (Public 

Law 116–94), shall remain available for the fiscal year ending 

September 30, 2021. 

(c) NO REQUIRED RETURN OF GRANT FUNDS.—Notwithstanding 

section 129(l)(3)(A)(i) of the National and Community Service Act 

of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer 

of the Corporation for National and Community Service may permit 

fixed-amount grant recipients under such section 129(l) to maintain 

a pro rata amount of grant funds, at the discretion of the Corporation for National and Community Service, for participants who 

exited, were suspended, or are serving in a limited capacity due 

to COVID–19, to enable the grant recipients to maintain operations 

and to accept participants. 

(d) EXTENSION OF TERMS AND AGE LIMITS.—Notwithstanding 

any other provision of law, the Corporation for National and 

Community Service may extend the term of service (for a period 

not to exceed the 1-year period immediately following the end 

of the national emergency) or waive any upper age limit (except 

in no case shall the maximum age exceed 26 years of age) for 

national service programs carried out by the National Civilian 

Community Corps under subtitle E of title I of the National and 

Community Service Act of 1990 (42 U.S.C. 12611 et seq.), and 

the participants in such programs, for the purposes of— 

(1) addressing disruptions due to COVID–19; and 

(2) minimizing the difficulty in returning to full operation 

due to COVID–19 on such programs and participants. 
H. R. 748—127 

SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. 

(a) ADMINISTRATIVE COSTS.—Notwithstanding section 128(b)(4) 

of the Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), 

of the total amount allocated to a local area (including the total 

amount allotted to a single State local area) under subtitle B 

of title I of such Act (29 U.S.C. 3151 et seq.) for program year 

2019, not more than 20 percent of the total amount may be used 

for the administrative costs of carrying out local workforce investment activities under chapter 2 or chapter 3 of subtitle B of title 

I of such Act, if the portion of the total amount that exceeds 

10 percent of the total amount is used to respond to a qualifying 

emergency. 

(b) RAPID RESPONSE ACTIVITIES.— 

(1) STATEWIDE RAPID RESPONSE.—Of the funds reserved 

by a Governor for program year 2019 for statewide activities 

under section 128(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)) that remain unobligated, such 

funds may be used for statewide rapid response activities as 

described in section 134(a)(2)(A) of such Act (29 U.S.C. 

3174(a)(2)(A)) for responding to a qualifying emergency. 

(2) LOCAL BOARDS.—Of the funds reserved by a Governor 

for program year 2019 under section 133(a)(2) of such Act 

(29 U.S.C. 3173(a)(2)) that remain unobligated, such funds may 

be released within 30 days after the date of enactment of 

this Act to the local boards most impacted by the coronavirus 

at the determination of the Governor for rapid response activities related to responding to a qualifying emergency. 

(c) DEFINITIONS.—Except as otherwise provided, the terms in 

this section have the meanings given the terms in section 3 of 

the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 

SEC. 3516. TECHNICAL AMENDMENTS. 

(a) IN GENERAL.— 

(1) Section 6103(a)(3) of the Internal Revenue Code of 

1986, as amended by the FUTURE Act (Public Law 116–91), 

is further amended by striking ‘‘(13), (16)’’ and inserting 

‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)’’. 

(2) Section 6103(p)(3)(A) of such Code, as so amended, 

is further amended by striking ‘‘(12),’’ and inserting ‘‘(12), 

(13)(A), (13)(B), (13)(C), (13)(D)(i)’’. 

(3) Section 6103(p)(4) of such Code, as so amended, is 

further amended by striking ‘‘(13) or (16)’’ each place it appears 

and inserting ‘‘(13), or (16)’’. 

(4) Section 6103(p)(4) of such Code, as so amended and 

as amended by paragraph (3), is further amended by striking 

‘‘(13)’’ each place it appears and inserting ‘‘(13)(A), (13)(B), 

(13)(C), (13)(D)(i)’’. 

(5) Section 6103(l)(13)(C)(ii) of such Code, as added by 

the FUTURE Act (Public Law 116–91), is amended by striking 

‘‘section 236A(e)(4)’’ and inserting ‘‘section 263A(e)(4)’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply as if included in the enactment of the FUTURE Act 

(Public Law 116–91). 
H. R. 748—128 

SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR 

INSTITUTIONAL AID. 

(a) WAIVER AUTHORITY.—Notwithstanding any other provision 

of the Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless 

enacted with specific reference to this section, for any institution 

of higher education that was receiving assistance under title III, 

title V, or subpart 4 of part A of title VII of such Act (20 U.S.C. 

1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying 

emergency, the Secretary may, for the period beginning on the 

first day of the qualifying emergency and ending on September 

30 of the fiscal year following the end of the qualifying emergency— 

(1) waive— 

(A) the eligibility data requirements set forth in section 

391(d) and 521(e) of the Higher Education Act of 1965 

(20 U.S.C. 1068(d); 1103(e)); 

(B) the wait-out period set forth in section 313(d) of 

the Higher Education Act of 1965 (20 U.S.C. 1059(d)); 

(C) the allotment requirements under paragraphs (2) 

and (3) of subsection 318(e) of the Higher Education Act 

of 1965 (20 U.S.C. 1059e(e)), and the reference to ‘‘the 

academic year preceding the beginning of that fiscal year’’ 

under such section 318(e)(1); 

(D) the allotment requirements under subsections (b), 

(c), and (g) of section 324 of the Higher Education Act 

of 1965 (20 U.S.C. 1063), the reference to ‘‘the end of 

the school year preceding the beginning of that fiscal year’’ 

under such section 324(a), and the reference to ‘‘the academic year preceding such fiscal year’’ under such section 

324(h); 

(E) subparagraphs (A), (C), (D), and (E) of section 

326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 

1063b(f)(3)), and references to ‘‘previous year’’ under such 

section 326(f)(3)(B); 

(F) subparagraphs (A), (C), (D), and (E) of section 

723(f)(3) and subparagraphs (A), (C), (D), and (E) of section 

724(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 

1136a(f)(3); 1136b(f)(3)), and references to ‘‘previous academic year’’ under subparagraph (B) of such sections 

723(f)(3) and 724(f)(3); and 

(G) the allotment restriction set forth in section 

318(d)(4) and section 323(c)(2) of the Higher Education 

Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and 

(2) waive or modify any statutory or regulatory provision 

to ensure that institutions that were receiving assistance under 

title III, title V, or subpart 4 of part A of title VII of such 

Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at 

the time of a qualifying emergency are not adversely affected 

by any formula calculation for fiscal year 2020 and for the 

period beginning on the first day of the qualifying emergency 

and ending on September 30 of the fiscal year following the 

end of the qualifying emergency, as necessary. 

(b) USE OF UNEXPENDED FUNDS.—Any funds paid to an institution under title III, title V, or subpart 4 of part A of title VII 

of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 

et seq.; 1136a et seq.) and not expended or used for the purposes 

for which the funds were paid to the institution during the 5- 

year period following the date on which the funds were first paid 
H. R. 748—129 

to the institution, may be carried over and expended during the 

succeeding 5-year period. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the period 

beginning on the first day of the qualifying emergency and ending 

on September 30 of the fiscal year following the end of the qualifying 

emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 

1965 (20 U.S.C. 1003)) a report that identifies each institution 

that received a waiver or modification under this section. 

SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR 

GRANTS. 

(a) IN GENERAL.—The Secretary is authorized to modify the 

required and allowable uses of funds for grants awarded under 

part A or B of title III, chapter I or II of subpart 2 of part 

A of title IV, title V, or subpart 4 of part A of title VII of the 

Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et 

seq.; 1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; 1136a et 

seq.) to an institution of higher education or other grant recipient 

(not including individual recipients of Federal student financial 

assistance), at the request of an institution of higher education 

or other recipient of a grant (not including individual recipients 

of Federal student financial assistance) as a result of a qualifying 

emergency, for the period beginning on the first day of the qualifying 

emergency and ending on September 30 of the fiscal year following 

the end of the qualifying emergency. 

(b) MATCHING REQUIREMENT MODIFICATIONS.—Notwithstanding any other provision of the Higher Education Act of 1965 

(20 U.S.C. 1001 et seq.), the Secretary is authorized to modify 

any Federal share or other financial matching requirement for 

a grant awarded on a competitive basis or a grant awarded under 

part A or B of title III or subpart 4 of part A of title VII of 

the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 

et seq.; 1136a et seq.) at the request of an institution of higher 

education or other grant recipient as a result of a qualifying emergency, for the period beginning on the first day of the qualifying 

emergency and ending on September 30 of the fiscal year following 

the end of the qualifying emergency. 

(c) REPORTS.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter for the duration 

of the period beginning on the first day of the qualifying emergency 

and ending on September 30 of the fiscal year following the end 

of the qualifying emergency, the Secretary shall submit to the 

authorizing committees (as defined in section 103 of the Higher 

Education Act of 1965 (20 U.S.C. 1003)) a report that identifies 

each institution of higher education or other grant recipient that 

received a modification under this section. 

SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS. 

(a) TEACH GRANTS.—For the purpose of section 420N of the 

Higher Education Act of 1965 (20 U.S.C. 1070g–2), during a qualifying emergency, the Secretary— 

(1) may modify the categories of extenuating circumstances 

under which a recipient of a grant under subpart 9 of part 

A of title IV of the Higher Education Act of 1965 (20 U.S.C. 

1070g et seq.) who is unable to fulfill all or part of the recipient’s 
H. R. 748—130 

service obligation may be excused from fulfilling that portion 

of the service obligation; and 

(2) shall consider teaching service that, as a result of a 

qualifying emergency, is part-time or temporarily interrupted, 

to be full-time service and to fulfill the service obligations 

under such section 420N. 

(b) TEACHER LOAN FORGIVENESS.—Notwithstanding section 

428J or 460 of the Higher Education Act of 1965 (20 U.S.C. 1078– 

10; 1087j), the Secretary shall waive the requirements under such 

sections that years of teaching service shall be consecutive if— 

(1) the teaching service of a borrower is temporarily interrupted due to a qualifying emergency; and 

(2) after the temporary interruption due to a qualifying 

emergency, the borrower resumes teaching service and completes a total of 5 years of qualifying teaching service under 

such sections, including qualifying teaching service performed 

before, during, and after such qualifying emergency. 

Subtitle C—Labor Provisions 

SEC. 3601. LIMITATION ON PAID LEAVE. 

Section 110(b)(2)(B) of the Family and Medical Leave Act of 

1993 (as added by the Emergency Family and Medical Leave Expansion Act) is amended by striking clause (ii) and inserting the following: 

‘‘(ii) LIMITATION.—An employer shall not be required to pay more than $200 per day and $10,000 

in the aggregate for each employee for paid leave under 

this section.’’. 

SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION. 

Section 5102 of the Emergency Paid Sick Leave Act (division 

E of the Families First Coronavirus Response Act) is amended 

by adding at the end the following: 

‘‘(f) LIMITATIONS.—An employer shall not be required to pay 

more than either— 

‘‘(1) $511 per day and $5,110 in the aggregate for each 

employee, when the employee is taking leave for a reason 

described in paragraph (1), (2), or (3) of section 5102(a); or ‘‘(2) $200 per day and $2,000 in the aggregate for each 

employee, when the employee is taking leave for a reason 

described in paragraph (4), (5), or (6) of section 5102(a).’’. 

SEC. 3603. UNEMPLOYMENT INSURANCE. 

Section 903(h)(2)(B) of the Social Security Act (42 U.S.C. 

1103(h)(2)(B)), as added by section 4102 of the Emergency 

Unemployment Insurance Stabilization and Access Act of 2020, 

is amended to read as follows: 

‘‘(B) The State ensures that applications for unemployment compensation, and assistance with the application 

process, are accessible, to the extent practicable in at least 

two of the following: in person, by phone, or online.’’. 

SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE. 

(a) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section 110(a) 

of title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 

2611 et seq.) (as added by division C of the Families First 
H. R. 748—131 

Coronavirus Response Act) is amended by adding at the end the 

following new paragraph: 

‘‘(4) The Director of the Office of Management and Budget 

shall have the authority to exclude for good cause from the 

requirements under subsection (b) certain employers of the 

United States Government with respect to certain categories 

of Executive Branch employees.’’. 

(b) EMERGENCY PAID SICK LEAVE ACT.—The Emergency Paid 

Sick Leave Act (division E of the Families First Coronavirus 

Response Act) is amended by adding at the end the following 

new section: 

‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES. 

‘‘The Director of the Office of Management and Budget shall 

have the authority to exclude for good cause from the definition 

of employee under section 5110(1) certain employees described in 

subparagraphs (E) and (F) of such section, including by exempting 

certain United States Government employers covered by section 

5110(2)(A)(i)(V) from the requirements of this title with respect 

to certain categories of Executive Branch employees.’’. 

SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES. 

Section 110(a)(1)(A) of the Family and Medical Leave Act of 

1993, as added by section 3102 of the Emergency Family and 

Medical Leave Expansion Act, is amended to read as follows: 

‘‘(A) ELIGIBLE EMPLOYEE.— 

‘‘(i) IN GENERAL.—In lieu of the definition in sections 101(2)(A) and 101(2)(B)(ii), the term ‘eligible 

employee’ means an employee who has been employed 

for at least 30 calendar days by the employer with 

respect to whom leave is requested under section 

102(a)(1)(F). 

‘‘(ii) RULE REGARDING REHIRED EMPLOYEES.—For 

purposes of clause (i), the term ‘employed for at least 

30 calendar days’, used with respect to an employee 

and an employer described in clause (i), includes an 

employee who was laid off by that employer not earlier 

than March 1, 2020, had worked for the employer 

for not less than 30 of the last 60 calendar days prior 

to the employee’s layoff, and was rehired by the 

employer.’’. 

SEC. 3606. ADVANCE REFUNDING OF CREDITS. 

(a) PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE.—Section 

7001 of division G of the Families First Coronavirus Response 

Act is amended— 

(1) in subsection (b)(4)(A)— 

(A) by striking ‘‘(A) In general.—If the amount’’ and 

inserting ‘‘(A)(i) Credit is refundable.—If the amount’’; and 

(B) by adding at the end the following: 

‘‘(ii) ADVANCING CREDIT.—In anticipation of the 

credit, including the refundable portion under clause 

(i), the credit may be advanced, according to forms 

and instructions provided by the Secretary, up to an 

amount calculated under subsection (a), subject to the 

limits under subsection (b), both calculated through 

the end of the most recent payroll period in the 

quarter.’’; 
H. R. 748—132 

(2) in subsection (f)— 

(A) in paragraph (4), by striking ‘‘, and’’ and inserting 

a comma; 

(B) in paragraph (5), by striking the period at the 

end and inserting ‘‘, and’’; and 

(C) by adding at the end the following: 

‘‘(6) regulations or other guidance to permit the advancement of the credit determined under subsection (a).’’; and 

(3) by inserting after subsection (h) the following new subsection: 

‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the Treasury 

(or the Secretary’s delegate) shall waive any penalty under section 

6656 of the Internal Revenue Code of 1986 for any failure to 

make a deposit of the tax imposed by section 3111(a) or 3221(a) 

of such Code if the Secretary determines that such failure was 

due to the anticipation of the credit allowed under this section.’’. 

(b) PAYROLL CREDIT FOR REQUIRED PAID FAMILY LEAVE.—Section 7003 of division G of the Families First Coronavirus Response 

Act is amended— 

(1) in subsection (b)(3)— 

(A) by striking ‘‘If the amount’’ and inserting ‘‘(A) 

Credit is refundable.—If the amount’’; and 

(B) by adding at the end the following: 

‘‘(B) ADVANCING CREDIT.—In anticipation of the credit, 

including the refundable portion under subparagraph (A), 

the credit may be advanced, according to forms and instructions provided by the Secretary, up to an amount calculated 

under subsection (a), subject to the limits under subsection 

(b), both calculated through the end of the most recent 

payroll period in the quarter.’’; 

(2) in subsection (f)— 

(A) in paragraph (4), by striking ‘‘, and’’ and inserting 

a comma; 

(B) in paragraph (5), by striking the period at the 

end and inserting ‘‘, and’’; and 

(C) by adding at the end the following: 

‘‘(6) regulations or other guidance to permit the advancement of the credit determined under subsection (a).’’; and 

(c) by inserting after subsection (h) the following new subsection: 

‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the Treasury 

(or the Secretary’s delegate) shall waive any penalty under section 

6656 of the Internal Revenue Code of 1986 for any failure to 

make a deposit of the tax imposed by section 3111(a) or 3221(a) 

of such Code if the Secretary determines that such failure was 

due to the anticipation of the credit allowed under this section.’’. 

SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN 

DEADLINES. 

Section 518 of the Employee Retirement Income Security Act 

of 1974 (29 U.S.C. 1148) is amended by striking ‘‘or a terroristic 

or military action (as defined in section 692(c)(2) of such Code), 

the Secretary may’’ and inserting ‘‘a terroristic or military action 

(as defined in section 692(c)(2) of such Code), or a public health 

emergency declared by the Secretary of Health and Human Services 

pursuant to section 319 of the Public Health Service Act, the Secretary may’’. 
H. R. 748—133 

SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES. 

(a) DELAY IN PAYMENT OF MINIMUM REQUIRED CONTRIBUTIONS.—In the case of any minimum required contribution (as determined under section 430(a) of the Internal Revenue Code of 1986 

and section 303(a) of the Employee Retirement Income Security 

Act of 1974 (29 U.S.C. 1083(a))) which (but for this section) would 

otherwise be due under section 430(j) of such Code (including quarterly contributions under paragraph (3) thereof) and section 303(j) 

of such Act (29 U.S.C. 1083(j)) (including quarterly contributions 

under paragraph (3) thereof) during calendar year 2020— 

(1) the due date for such contributions shall be January 

1, 2021, and 

(2) the amount of each such minimum required contribution 

shall be increased by interest accruing for the period between 

the original due date (without regard to this section) for the 

contribution and the payment date, at the effective rate of 

interest for the plan for the plan year which includes such 

payment date. 

(b) BENEFIT RESTRICTION STATUS.—For purposes of section 436 

of the Internal Revenue Code of 1986 and section 206(g) of the 

Employee Retirement Income Security Act of 1974 (29 U.S.C. 

1056(g)), a plan sponsor may elect to treat the plan’s adjusted 

funding target attainment percentage for the last plan year ending 

before January 1, 2020, as the adjusted funding target attainment 

percentage for plan years which include calendar year 2020. 

SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER 

CHARITY PENSION PLAN RULES TO CERTAIN CHARITABLE EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE 

IS PROVIDING SERVICES WITH RESPECT TO MOTHERS 

AND CHILDREN. 

(a) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— 

Section 210(f)(1) of the Employee Retirement Income Security Act 

of 1974 (29 U.S.C. 1060(f)(1)) is amended— 

(1) by striking ‘‘or’’ at the end of subparagraph (B); 

(2) by striking the period at the end of subparagraph (C)(iv) 

and inserting ‘‘; or’’; and 

(3) by inserting after subparagraph (C) the following new 

subparagraph: 

‘‘(D) that, as of January 1, 2000, was maintained by 

an employer— 

‘‘(i) described in section 501(c)(3) of the Internal 

Revenue Code of 1986, 

‘‘(ii) who has been in existence since at least 1938, 

‘‘(iii) who conducts medical research directly or 

indirectly through grant making, and 

‘‘(iv) whose primary exempt purpose is to provide 

services with respect to mothers and children.’’. 

(b) INTERNAL REVENUE CODE OF 1986.—Section 414(y)(1) of 

the Internal Revenue Code of 1986 is amended— 

(1) by striking ‘‘or’’ at the end of subparagraph (B); 

(2) by striking the period at the end of subparagraph (C)(iv) 

and inserting ‘‘; or’’; and 

(3) by inserting after subparagraph (C) the following new 

subparagraph: 

‘‘(D) that, as of January 1, 2000, was maintained by 

an employer— 
H. R. 748—134 

‘‘(i) described in section 501(c)(3), 

‘‘(ii) who has been in existence since at least 1938, 

‘‘(iii) who conducts medical research directly or 

indirectly through grant making, and 

‘‘(iv) whose primary exempt purpose is to provide 

services with respect to mothers and children.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to plan years beginning after December 31, 2018. 

SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. 

Notwithstanding any other provision of law, and subject to 

the availability of appropriations, funds made available to an agency 

by this Act or any other Act may be used by such agency to 

modify the terms and conditions of a contract, or other agreement, 

without consideration, to reimburse at the minimum applicable 

contract billing rates not to exceed an average of 40 hours per 

week any paid leave, including sick leave, a contractor provides 

to keep its employees or subcontractors in a ready state, including 

to protect the life and safety of Government and contractor personnel, but in no event beyond September 30, 2020. Such authority 

shall apply only to a contractor whose employees or subcontractors 

cannot perform work on a site that has been approved by the 

Federal Government, including a federally-owned or leased facility 

or site, due to facility closures or other restrictions, and who cannot 

telework because their job duties cannot be performed remotely 

during the public health emergency declared on January 31, 2020 

for COVID–19: Provided, That the maximum reimbursement 

authorized by this section shall be reduced by the amount of credit 

a contractor is allowed pursuant to division G of Public Law 116– 

127 and any applicable credits a contractor is allowed under this 

Act. 

SEC. 3611. TECHNICAL CORRECTIONS. 

(1) Section 110(a)(3) of the Family and Medical Leave Act 

of 1993 (as added by the Emergency and Medical Leave Expansion Act) is amended by striking ‘‘553(d)(A)’’ and inserting 

‘‘553(d)(3)’’. 

(2) Section 5111 of the Emergency Paid Sick Leave Act 

(division E of the Families First Coronavirus Response Act) 

is amended by striking ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’. 

(3) Section 110(c) of the Family and Medical Leave Act 

of 1993 (as added by the Emergency and Medical Leave Expansion Act) is amended by striking ‘‘subsection (a)(2)(A)(iii)’’ and 

inserting ‘‘subsection (a)(2)(A)’’. 

(4) Section 3104 of the Emergency Family and Medical 

Leave Expansion Act (division C of the Families First 

Coronavirus Response Act) is amended— 

(A) by striking ‘‘110(a)(B)’’ and inserting ‘‘section 

110(a)(1)(B) of the Family and Medical Leave Act of 1993’’; 

and 

(B) by striking ‘‘section 107(a) for a violation of section 

102(a)(1)(F) if the employer does not meet the definition 

of employer set forth in Section 101(4)(A)(i)’’ and inserting 

‘‘section 107(a) of such Act for a violation of section 

102(a)(1)(F) of such Act if the employer does not meet 

the definition of employer set forth in section 101(4)(A)(i) 

of such Act’’. 
H. R. 748—135 

(5) Section 5110(1) of the Emergency Paid Sick Leave Act 

(division E of the Families First Coronavirus Response Act) 

is amended— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘terms’’ and inserting ‘‘term’’; and 

(B) in subparagraph (A)(i), by striking ‘‘paragraph 

(5)(A)’’ and inserting ‘‘paragraph (2)(A)’’. 

(6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave 

Act (division E of the Families First Coronavirus Response 

Act) is amended by striking ‘‘clause (i)(IV)’’ and inserting ‘‘clause 

(i)(III)’’. 

(7) Section 110(a)(3) of the Family and Medical Leave Act 

of 1993 (as added by the Emergency and Medical Leave Expansion Act) is amended— 

(A) by striking ‘‘and’’ after the semicolon at the end 

of subparagraph (A); 

(B) by striking the period at end of subparagraph (B) 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) as necessary to carry out the purposes of this 

Act, including to ensure consistency between this Act and 

Division E and Division G of the Families First Coronavirus 

Response Act.’’. 

(8) Section 5104(1) of the Emergency Paid Sick Leave Act 

(division E of the Families First Coronavirus Response Act) 

is amended by striking ‘‘and’’ after the semicolon and inserting 

‘‘or’’. 

(9) Section 5105 of the Emergency Paid Sick Leave Act 

(division E of the Families First Coronavirus Response Act) 

is amended by adding at the end the following: 

‘‘(c) INVESTIGATIONS AND COLLECTION OF DATA.—The Secretary 

of Labor or his designee may investigate and gather data to ensure 

compliance with this Act in the same manner as authorized by 

sections 9 and 11 of the Fair Labor Standards Act of 1938 (29 

U.S.C. 209; 211).’’. 

Subtitle D—Finance Committee 

SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES. 

(a) IN GENERAL.—Paragraph (2) of section 223(c) of the Internal 

Revenue Code of 1986 is amended by adding at the end the following 

new subparagraph: 

‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR

TELEHEALTH.—In the case of plan years beginning on or 

before December 31, 2021, a plan shall not fail to be treated 

as a high deductible health plan by reason of failing to 

have a deductible for telehealth and other remote care 

services.’’. 

(b) CERTAIN COVERAGE DISREGARDED.—Clause (ii) of section 

223(c)(1)(B) of the Internal Revenue Code of 1986 is amended 

by striking ‘‘or long-term care’’ and inserting ‘‘long-term care, or 

(in the case of plan years beginning on or before December 31, 

2021) telehealth and other remote care’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 
H. R. 748—136 

SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL 

PRODUCTS AS QUALIFIED MEDICAL EXPENSES. 

(a) HSAS.—Section 223(d)(2) of the Internal Revenue Code of 

1986 is amended— 

(1) by striking the last sentence of subparagraph (A) and 

inserting the following: ‘‘For purposes of this subparagraph, 

amounts paid for menstrual care products shall be treated 

as paid for medical care.’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(D) MENSTRUAL CARE PRODUCT.—For purposes of this 

paragraph, the term ‘menstrual care product’ means a 

tampon, pad, liner, cup, sponge, or similar product used 

by individuals with respect to menstruation or other genital-tract secretions.’’. 

(b) ARCHER MSAS.—Section 220(d)(2)(A) of such Code is 

amended by striking the last sentence and inserting the following: 

‘‘For purposes of this subparagraph, amounts paid for menstrual 

care products (as defined in section 223(d)(2)(D)) shall be treated 

as paid for medical care.’’. 

(c) HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH

REIMBURSEMENT ARRANGEMENTS.—Section 106 of such Code is 

amended by striking subsection (f) and inserting the following new 

subsection: 

‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE PRODUCTS.—For 

purposes of this section and section 105, expenses incurred for 

menstrual care products (as defined in section 223(d)(2)(D)) shall 

be treated as incurred for medical care.’’. 

(d) EFFECTIVE DATES.— 

(1) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.—The amendment made by subsections (a) and (b) shall apply to amounts 

paid after December 31, 2019. 

(2) REIMBURSEMENTS.—The amendment made by subsection (c) shall apply to expenses incurred after December 

31, 2019. 

SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES 

DURING EMERGENCY PERIOD. 

Section 1135 of the Social Security Act (42 U.S.C. 1320b– 

5) is amended— 

(1) in subsection (b)(8), by striking ‘‘to an individual by 

a qualified provider (as defined in subsection (g)(3))’’ and all 

that follows through the period and inserting ‘‘, the requirements of section 1834(m).’’; and 

(2) in subsection (g), by striking paragraph (3). 

SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL 

HEALTH CLINICS DURING EMERGENCY PERIOD. 

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) 

is amended— 

(1) in the first sentence of paragraph (1), by striking ‘‘The 

Secretary’’ and inserting ‘‘Subject to paragraph (8), the Secretary’’; 

(2) in paragraph (2)(A), by striking ‘‘The Secretary’’ and 

inserting ‘‘Subject to paragraph (8), the Secretary’’; 

(3) in paragraph (4)— 
H. R. 748—137 

(A) in subparagraph (A), by striking ‘‘The term’’ and 

inserting ‘‘Subject to paragraph (8), the term’’; and 

(B) in subparagraph (F)(i), by striking ‘‘The term’’ and 

inserting ‘‘Subject to paragraph (8), the term’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(8) ENHANCING TELEHEALTH SERVICES FOR FEDERALLY

QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING

EMERGENCY PERIOD.— 

‘‘(A) IN GENERAL.—During the emergency period 

described in section 1135(g)(1)(B)— 

‘‘(i) the Secretary shall pay for telehealth services 

that are furnished via a telecommunications system 

by a Federally qualified health center or a rural health 

clinic to an eligible telehealth individual enrolled under 

this part notwithstanding that the Federally qualified 

health center or rural clinic providing the telehealth 

service is not at the same location as the beneficiary; 

‘‘(ii) the amount of payment to a Federally qualified 

health center or rural health clinic that serves as a 

distant site for such a telehealth service shall be determined under subparagraph (B); and 

‘‘(iii) for purposes of this subsection— 

‘‘(I) the term ‘distant site’ includes a Federally 

qualified health center or rural health clinic that 

furnishes a telehealth service to an eligible telehealth individual; and 

‘‘(II) the term ‘telehealth services’ includes a 

rural health clinic service or Federally qualified 

health center service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary 

under clause (i) or (ii) of paragraph (4)(F) are 

listed on the corresponding claim for such rural 

health clinic service or Federally qualified health 

center service. 

‘‘(B) SPECIAL PAYMENT RULE.— 

‘‘(i) IN GENERAL.—The Secretary shall develop and 

implement payment methods that apply under this 

subsection to a Federally qualified health center or 

rural health clinic that serves as a distant site that 

furnishes a telehealth service to an eligible telehealth 

individual during such emergency period. Such payment methods shall be based on payment rates that 

are similar to the national average payment rates for 

comparable telehealth services under the physician fee 

schedule under section 1848. Notwithstanding any 

other provision of law, the Secretary may implement 

such payment methods through program instruction 

or otherwise. 

‘‘(ii) EXCLUSION FROM FQHC PPS CALCULATION AND

RHC AIR CALCULATION.—Costs associated with telehealth services shall not be used to determine the 

amount of payment for Federally qualified health 

center services under the prospective payment system 

under section 1834(o) or for rural health clinic services 

under the methodology for all-inclusive rates (established by the Secretary) under section 1833(a)(3).’’. 
H. R. 748—138 

SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE 

VISITS BETWEEN HOME DIALYSIS PATIENTS AND PHYSICIANS. 

Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 

1395rr(b)(3)(B)) is amended— 

(1) in clause (i), by striking ‘‘clause (ii)’’ and inserting 

‘‘clauses (ii) and (iii)’’; 

(2) in clause (ii), in the matter preceding subclause (I), 

by striking ‘‘Clause (i)’’ and inserting ‘‘Except as provided in 

clause (iii), clause (i)’’; and 

(3) by adding at the end the following new clause: 

‘‘(iii) The Secretary may waive the provisions of 

clause (ii) during the emergency period described in 

section 1135(g)(1)(B).’’. 

SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE 

ENCOUNTER PRIOR TO RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING EMERGENCY PERIOD. 

Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. 

1395f(a)(7(D)(i)) is amended— 

(1) by striking ‘‘a hospice’’ and inserting ‘‘(I) subject to 

subclause (II), a hospice’’; and 

(2) by inserting after subclause (I), as added by paragraph 

(1), the following new subclause: 

‘‘(II) during the emergency period described in section 1135(g)(1)(B), a hospice physician or nurse practitioner may conduct a face-to-face encounter required 

under this clause via telehealth, as determined appropriate by the Secretary; and’’. 

SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS SYSTEMS 

FOR HOME HEALTH SERVICES FURNISHED DURING 

EMERGENCY PERIOD. 

With respect to home health services (as defined in section 

1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) that are 

furnished during the emergency period described in section 

1135(g)(1)(B) of such Act (42 U.S.C. 1320b–5(g)(1)(B)), the Secretary 

of Health and Human Services shall consider ways to encourage 

the use of telecommunications systems, including for remote patient 

monitoring as described in section 409.46(e) of title 42, Code of 

Federal Regulations (or any successor regulations) and other 

communications or monitoring services, consistent with the plan 

of care for the individual, including by clarifying guidance and 

conducting outreach, as appropriate. 

SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH 

SERVICES. 

(a) PART A PROVISIONS.—Section 1814(a) of the Social Security 

Act (42 U.S.C. 1395f(a)) is amended— 

(1) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘, a nurse practitioner or clinical nurse specialist 

(as such terms are defined in section 1861(aa)(5)) who 

is working in accordance with State law, or a physician 

assistant (as defined in section 1861(aa)(5)) who is working 

in accordance with State law, who is’’ after ‘‘in the case 

of services described in subparagraph (C), a physician’’; 

and 
H. R. 748—139 

(B) in subparagraph (C)— 

(i) by inserting ‘‘, a nurse practitioner, a clinical 

nurse specialist, or a physician assistant (as the case 

may be)’’ after ‘‘physician’’ the first 2 times it appears; 

and 

(ii) by striking ‘‘, and, in the case of a certification 

made by a physician’’ and all that follows through 

‘‘face-to-face encounter’’ and inserting ‘‘, and, in the 

case of a certification made by a physician after 

January 1, 2010, or by a nurse practitioner, clinical 

nurse specialist, or physician assistant (as the case 

may be) after a date specified by the Secretary (but 

in no case later than the date that is 6 months after 

the date of the enactment of the CARES Act), prior 

to making such certification a physician, nurse practitioner, clinical nurse specialist, or physician assistant 

must document that a physician, nurse practitioner, 

clinical nurse specialist, certified nurse-midwife (as 

defined in section 1861(gg)) as authorized by State 

law, or physician assistant has had a face-to-face 

encounter’’; 

(2) in the third sentence— 

(A) by striking ‘‘physician certification’’ and inserting 

‘‘certification’’; 

(B) by inserting ‘‘(or in the case of regulations to implement the amendments made by section 3708 of the CARES 

Act, the Secretary shall prescribe regulations, which shall 

become effective no later than 6 months after the date 

of the enactment of such Act)’’ after ‘‘1981’’; and 

(C) by striking ‘‘a physician who’’ and inserting ‘‘a 

physician, nurse practitioner, clinical nurse specialist, or 

physician assistant who’’; 

(3) in the fourth sentence, by inserting ‘‘, nurse practitioner, 

clinical nurse specialist, or physician assistant’’ after ‘‘physician’’; and 

(4) in the fifth sentence— 

(A) by inserting ‘‘or no later than 6 months after the 

date of the enactment of the CARES Act for purposes 

of documentation for certification and recertification made 

under paragraph (2) by a nurse practitioner, clinical nurse 

specialist, or physician assistant,’’ after ‘‘January 1, 2019’’; 

and 

(B) by inserting ‘‘, nurse practitioner, clinical nurse 

specialist, or physician assistant’’ after ‘‘of the physician’’. 

(b) PART B PROVISIONS.—Section 1835(a) of the Social Security 

Act (42 U.S.C. 1395n(a)) is amended— 

(1) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘, a nurse practitioner or clinical nurse specialist 

(as those terms are defined in section 1861(aa)(5)) who 

is working in accordance with State law, or a physician 

assistant (as defined in section 1861(aa)(5)) who is working 

in accordance with State law, who is’’ after ‘‘in the case 

of services described in subparagraph (A), a physician’’; 

and 

(B) in subparagraph (A)— 
H. R. 748—140 

(i) in each of clauses (ii) and (iii) of subparagraph 

(A) by inserting ‘‘, a nurse practitioner, a clinical nurse 

specialist, or a physician assistant (as the case may 

be)’’ after ‘‘physician’’; and 

(ii) in clause (iv), by striking ‘‘after January 1, 

2010’’ and all that follows through ‘‘face-to-face 

encounter’’ and inserting ‘‘made by a physician after 

January 1, 2010, or by a nurse practitioner, clinical 

nurse specialist, or physician assistant (as the case 

may be) after a date specified by the Secretary (but 

in no case later than the date that is 6 months after 

the date of the enactment of the CARES Act), prior 

to making such certification a physician, nurse practitioner, clinical nurse specialist, or physician assistant 

must document that a physician, nurse practitioner, 

clinical nurse specialist, certified nurse-midwife (as 

defined in section 1861(gg)) as authorized by State 

law, or physician assistant has had a face-to-face 

encounter’’; 

(2) in the third sentence, by inserting ‘‘, nurse practitioner, 

clinical nurse specialist, or physician assistant (as the case 

may be)’’ after physician; 

(3) in the fourth sentence— 

(A) by striking ‘‘physician certification’’ and inserting 

‘‘certification’’; 

(B) by inserting ‘‘(or in the case of regulations to implement the amendments made by section 3708 of the CARES 

Act the Secretary shall prescribe regulations which shall 

become effective no later than 6 months after the enactment of such Act)’’ after ‘‘1981’’; and 

(C) by striking ‘‘a physician who’’ and inserting ‘‘a 

physician, nurse practitioner, clinical nurse specialist, or 

physician assistant who’’; 

(4) in the fifth sentence, by inserting ‘‘, nurse practitioner, 

clinical nurse specialist, or physician assistant’’ after ‘‘physician’’; and 

(5) in the sixth sentence— 

(A) by inserting ‘‘or no later than 6 months after the 

date of the enactment of the CARES Act for purposes 

of documentation for certification and recertification made 

under paragraph (2) by a nurse practitioner, clinical nurse 

specialist, or physician assistant,’’ after ‘‘January 1, 2019’’; 

and 

(B) by inserting ‘‘, nurse practitioner, clinical nurse 

specialist, or physician assistant’’ after ‘‘of the physician’’. 

(c) DEFINITION PROVISIONS.— (1) HOME HEALTH SERVICES.—Section 1861(m) of the Social 

Security Act (42 U.S.C. 1395x(m)) is amended— 

(A) in the matter preceding paragraph (1)— 

(i) by inserting ‘‘, a nurse practitioner or a clinical 

nurse specialist (as those terms are defined in subsection (aa)(5)), or a physician assistant (as defined 

in subsection (aa)(5))’’ after ‘‘physician’’ the first place 

it appears; and 

(ii) by inserting ‘‘, a nurse practitioner, a clinical 

nurse specialist, or a physician assistant’’ after ‘‘physician’’ the second place it appears; and 
H. R. 748—141 

(B) in paragraph (3), by inserting ‘‘, a nurse practitioner, a clinical nurse specialist, or a physician assistant’’ 

after ‘‘physician’’. 

(2) HOME HEALTH AGENCY.—Section 1861(o)(2) of the Social 

Security Act (42 U.S.C. 1395x(o)(2)) is amended— 

(A) by inserting ‘‘, nurse practitioners or clinical nurse 

specialists (as those terms are defined in subsection (aa)(5)), 

certified nurse-midwives (as defined in subsection (gg)), 

or physician assistants (as defined in subsection (aa)(5))’’ 

after ‘‘physicians’’; and 

(B) by inserting ‘‘, nurse practitioner, clinical nurse 

specialist, certified nurse-midwife, physician assistant,’’ 

after ‘‘physician’’. 

(3) COVERED OSTEOPOROSIS DRUG.—Section 1861(kk)(1) of 

the Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended 

by inserting ‘‘, nurse practitioner or clinical nurse specialist 

(as those terms are defined in subsection (aa)(5)), certified 

nurse-midwife (as defined in subsection (gg)), or physician 

assistant (as defined in subsection (aa)(5))’’ after ‘‘attending 

physician’’. 

(d) HOME HEALTH PROSPECTIVE PAYMENT SYSTEM PROVISIONS.—Section 1895 of the Social Security Act (42 U.S.C. 1395fff) 

is amended— 

(1) in subsection (c)(1)— 

(A) by striking ‘‘(provided under section 1842(r))’’; and 

(B) by inserting ‘‘the nurse practitioner or clinical nurse 

specialist (as those terms are defined in section 

1861(aa)(5)), or the physician assistant (as defined in section 1861(aa)(5))’’ after ‘‘physician’’; and 

(2) in subsection (e)— 

(A) in paragraph (1)(A), by inserting ‘‘a nurse practitioner or clinical nurse specialist, or a physician assistant’’ 

after ‘‘physician’’; and 

(B) in paragraph (2)— 

(i) in the heading, by striking ‘‘PHYSICIAN CERTIFICATION’’ and inserting ‘‘RULE OF CONSTRUCTION

REGARDING REQUIREMENT FOR CERTIFICATION’’; and 

(ii) by striking ‘‘physician’’. 

(e) APPLICATION TO MEDICAID.—The amendments made under 

this section shall apply under title XIX of the Social Security 

Act in the same manner and to the same extent as such requirements apply under title XVIII of such Act or regulations promulgated thereunder. 

(f) EFFECTIVE DATE.—The Secretary of Health and Human 

Services shall prescribe regulations to apply the amendments made 

by this section to items and services furnished, which shall become 

effective no later than 6 months after the date of the enactment 

of this legislation. The Secretary shall promulgate an interim final 

rule if necessary, to comply with the required effective date. 

SEC. 3709. ADJUSTMENT OF SEQUESTRATION. 

(a) TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION.— During the period beginning on May 1, 2020 and ending on 

December 31, 2020, the Medicare programs under title XVIII of 

the Social Security Act (42 U.S.C. 1395 et seq.) shall be exempt 

from reduction under any sequestration order issued before, on, 

or after the date of enactment of this Act. 
H. R. 748—142 

(b) EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH

FISCAL YEAR 2030.—Section 251A(6) of the Balanced Budget and 

Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is 

amended— 

(1) in subparagraph (B), in the matter preceding clause 

(i), by striking ‘‘through 2029’’ and inserting ‘‘through 2030’’; 

and 

(2) in subparagraph (C), in the matter preceding clause 

(i), by striking ‘‘fiscal year 2029’’ and inserting ‘‘fiscal year 

2030’’. 

SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT 

SYSTEM ADD-ON PAYMENT FOR COVID–19 PATIENTS 

DURING EMERGENCY PERIOD. 

(a) IN GENERAL.—Section 1886(d)(4)(C) of the Social Security 

Act (42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end 

the following new clause: 

‘‘(iv)(I) For discharges occurring during the emergency period 

described in section 1135(g)(1)(B), in the case of a discharge of 

an individual diagnosed with COVID–19, the Secretary shall 

increase the weighting factor that would otherwise apply to the 

diagnosis-related group to which the discharge is assigned by 20 

percent. The Secretary shall identify a discharge of such an individual through the use of diagnosis codes, condition codes, or other 

such means as may be necessary. 

‘‘(II) Any adjustment under subclause (I) shall not be taken 

into account in applying budget neutrality under clause (iii) 

‘‘(III) In the case of a State for which the Secretary has waived 

all or part of this section under the authority of section 1115A, 

nothing in this section shall preclude such State from implementing 

an adjustment similar to the adjustment under subclause (I).’’. 

(b) IMPLEMENTATION.—Notwithstanding any other provision of 

law, the Secretary may implement the amendment made by subsection (a) by program instruction or otherwise. 

SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DURING EMERGENCY PERIOD. 

(a) WAIVER OF IRF 3-HOUR RULE.—With respect to inpatient 

rehabilitation services furnished by a rehabilitation facility 

described in section 1886(j)(1) of the Social Security Act (42 U.S.C. 

1395ww(j)(1)) during the emergency period described in section 

1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), 

the Secretary of Health and Human Services shall waive section 

412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any 

successor regulations), relating to the requirement that patients 

of an inpatient rehabilitation facility receive at least 15 hours 

of therapy per week. 

(b) WAIVER OF SITE-NEUTRAL PAYMENT RATE PROVISIONS FOR

LONG-TERM CARE HOSPITALS.—With respect to inpatient hospital 

services furnished by a long-term care hospital described in section 

1886(d)(1)(B)(iv) of the Social Security Act (42 U.S.C. 

1395ww(d)(1)(B)(iv)) during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b– 

5(g)(1)(B)), the Secretary of Health and Human Services shall waive 

the following provisions of section 1886(m)(6) of such Act (42 U.S.C. 

1395ww(m)(6)): 

(1) LTCH 50-PERCENT RULE.—Subparagraph (C)(ii) of such 

section, relating to the payment adjustment for long-term care 
H. R. 748—143 

hospitals that do not have a discharge payment percentage 

for the period that is at least 50 percent. 

(2) SITE-NEUTRAL IPPS PAYMENT RATE.—Subparagraph (A)(i) 

of such section, relating to the application of the site-neutral 

payment rate (and payment shall be made to a long-term 

care hospital without regard to such section) for a discharge 

if the admission occurs during such emergency period and 

is in response to the public health emergency described in 

such section 1135(g)(1)(B). 

SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE MEDICARE PROGRAM THROUGH DURATION OF EMERGENCY PERIOD. 

(a) RURAL AND NONCONTIGUOUS AREAS.—The Secretary of 

Health and Human Services shall implement section 

414.210(g)(9)(iii) of title 42, Code of Federal Regulations (or any 

successor regulation), to apply the transition rule described in such 

section to all applicable items and services furnished in rural areas 

and noncontiguous areas (as such terms are defined for purposes 

of such section) as planned through December 31, 2020, and through 

the duration of the emergency period described in section 

1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), 

if longer. 

(b) AREAS OTHER THAN RURAL AND NONCONTIGUOUS AREAS.— 

With respect to items and services furnished on or after the date 

that is 30 days after the date of the enactment of this Act, the 

Secretary of Health and Human Services shall apply section 

414.210(g)(9)(iv) of title 42, Code of Federal Regulations (or any 

successor regulation), as if the reference to ‘‘dates of service from 

June 1, 2018 through December 31, 2020, based on the fee schedule 

amount for the area is equal to 100 percent of the adjusted payment 

amount established under this section’’ were instead a reference 

to ‘‘dates of service from March 6, 2020, through the remainder 

of the duration of the emergency period described in section 

1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), 

based on the fee schedule amount for the area is equal to 75 

percent of the adjusted payment amount established under this 

section and 25 percent of the unadjusted fee schedule amount’’. 

SEC. 3713. COVERAGE OF THE COVID–19 VACCINE UNDER PART B OF 

THE MEDICARE PROGRAM WITHOUT ANY COST-SHARING. 

(a) MEDICAL AND OTHER HEALTH SERVICES.—Section 

1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) 

is amended by inserting ‘‘, and COVID–19 vaccine and its administration’’ after ‘‘influenza vaccine and its administration’’. 

(b) PART B DEDUCTIBLE.—The first sentence of section 1833(b) 

of the Social Security Act (42 U.S.C. 1395l(b)) is amended— 

(1) in paragraph (10), by striking ‘‘and’’ at the end; and 

(2) in paragraph (11), by striking the period at the end 

and inserting ‘‘, and (12) such deductible shall not apply with 

respect a COVID–19 vaccine and its administration described 

in section 1861(s)(10)(A).’’. 

(c) MEDICARE ADVANTAGE.—Section 1852(a)(1)(B) of the Social 

Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended— 

(1) in clause (iv)— 

(A) by redesignating subclause (VI) as subclause (VII); 

and 
H. R. 748—144 

(B) by inserting after subclause (V) the following new 

subclause: 

‘‘(VI) A COVID–19 vaccine and its administration described in section 1861(s)(10)(A).’’; and 

(2) in clause (v), by striking ‘‘subclauses (IV) and (V)’’ 

inserting ‘‘subclauses (IV), (V), and (VI)’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this Act and shall 

apply with respect to a COVID–19 vaccine beginning on the date 

that such vaccine is licensed under section 351 of the Public Health 

Service Act (42 U.S.C. 262). 

(e) IMPLEMENTATION.—Notwithstanding any other provision of 

law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. 

SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND 

MA–PD PLANS TO ALLOW DURING THE COVID–19 EMERGENCY PERIOD FOR FILLS AND REFILLS OF COVERED 

PART D DRUGS FOR UP TO A 3-MONTH SUPPLY. 

(a) IN GENERAL.—Section 1860D–4(b) of the Social Security 

Act (42 U.S.C. 1395w–104(b)) is amended by adding at the end 

the following new paragraph: 

‘‘(4) ENSURING ACCESS DURING COVID–19 PUBLIC HEALTH

EMERGENCY PERIOD.— 

‘‘(A) IN GENERAL.—During the emergency period 

described in section 1135(g)(1)(B), subject to subparagraph 

(B), a prescription drug plan or MA–PD plan shall, notwithstanding any cost and utilization management, medication 

therapy management, or other such programs under this 

part, permit a part D eligible individual enrolled in such 

plan to obtain in a single fill or refill, at the option of 

such individual, the total day supply (not to exceed a 90- 

day supply) prescribed for such individual for a covered 

part D drug. 

‘‘(B) SAFETY EDIT EXCEPTION.—A prescription drug plan 

or MA–PD plan may not permit a part D eligible individual 

to obtain a single fill or refill inconsistent with an 

applicable safety edit.’’. 

(b) IMPLEMENTATION.—Notwithstanding any other provision of 

law, the Secretary of Health and Human Services may implement 

the amendment made by this section by program instruction or 

otherwise. 

SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN 

ACUTE CARE HOSPITALS. 

Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) 

is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(h)’’; 

(2) by inserting ‘‘, home and community-based services 

provided under subsection (c), (d), or (i) of section 1915 or 

under a waiver or demonstration project under section 1115, 

self-directed personal assistance services provided pursuant to 

a written plan of care under section 1915(j), and home and 

community-based attendant services and supports under section 

1915(k)’’ before the period; and 

(3) by adding at the end the following: 
H. R. 748—145 

‘‘(2) Nothing in this title, title XVIII, or title XI shall be construed as prohibiting receipt of any care or services specified in 

paragraph (1) in an acute care hospital that are— 

‘‘(A) identified in an individual’s person-centered service 

plan (or comparable plan of care); 

‘‘(B) provided to meet needs of the individual that are 

not met through the provision of hospital services; 

‘‘(C) not a substitute for services that the hospital is obligated to provide through its conditions of participation or under 

Federal or State law, or under another applicable requirement; 

and 

‘‘(D) designed to ensure smooth transitions between acute 

care settings and home and community-based settings, and 

to preserve the individual’s functional abilities.’’. 

SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS. 

Subsection (ss) of section 1902 of the Social Security Act (42 

U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families 

First Coronavirus Response Act, is amended— 

(1) in paragraph (1), by inserting ‘‘(excluding subclause 

(VIII) of such subsection if the individual is a resident of 

a State which does not furnish medical assistance to individuals 

described in such subclause)’’ before the semicolon; and 

(2) in paragraph (2), by inserting ‘‘, except that individuals 

who are eligible for medical assistance under subsection 

(a)(10)(A)(ii)(XII), subsection (a)(10)(A)(ii)(XVIII), subsection 

(a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but only to the 

extent such an individual is considered to not have minimum 

essential coverage under section 5000A(f)(1) of the Internal 

Revenue Code of 1986), or who are described in subsection 

(l)(1)(A) and are eligible for medical assistance only because 

of subsection (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose 

eligibility for such assistance is limited by the State under 

clause (VII) in the matter following subsection (a)(10)(G), shall 

not be treated as enrolled in a Federal health care program 

for purposes of this paragraph’’ before the period at the end. 

SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID–19 

TESTING PRODUCTS. 

Subparagraph (B) of section 1905(a)(3) of the Social Security 

Act (42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of 

the Families First Coronavirus Response Act (Public Law 116– 

127), is amended by striking ‘‘that are approved, cleared, or authorized under section 510(k), 513, 515 or 564 of the Federal Food, 

Drug, and Cosmetic Act’’. 

SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS 

WITH RESPECT TO CLINICAL DIAGNOSTIC LABORATORY 

TESTS. 

(a) REVISED REPORTING PERIOD FOR REPORTING OF PRIVATE

SECTOR PAYMENT RATES FOR ESTABLISHMENT OF MEDICARE PAY- MENT RATES.—Section 1834A(a)(1)(B) of the Social Security Act 

(42 U.S.C. 1395m–1(a)(1)(B)) is amended— 

(1) in clause (i), by striking ‘‘December 31, 2020’’ and 

inserting ‘‘December 31, 2021’’; and 

(2) in clause (ii)— 

(A) by striking ‘‘January 1, 2021’’ and inserting 

‘‘January 1, 2022’’; and 
H. R. 748—146 

(B) by striking ‘‘March 31, 2021’’ and inserting ‘‘March 

31, 2022’’. 

(b) REVISED PHASE-IN OF REDUCTIONS FROM PRIVATE PAYOR

RATE IMPLEMENTATION.—Section 1834A(b)(3) of the Social Security 

Act (42 U.S.C. 1395m–1(b)(3)) is amended— 

(1) in subparagraph (A), by striking ‘‘through 2023’’ and 

inserting ‘‘through 2024’’; and 

(2) in subparagraph (B)— 

(A) in clause (i), by striking ‘‘and’’ at the end; 

(B) by redesignating clause (ii) as clause (iii); 

(C) by inserting after clause (i) the following new 

clause: 

‘‘(ii) for 2021, 0 percent; and’’; and 

(D) in clause (iii), as redesignated by subparagraph 

(B), by striking ‘‘2021 through 2023’’ and inserting ‘‘2022 

through 2024’’. 

SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED 

PAYMENT PROGRAM DURING THE COVID–19 PUBLIC 

HEALTH EMERGENCY. 

Section 1815 of the Social Security Act (42 U.S.C. 1395g) is 

amended— 

(1) in subsection (e)(3), by striking ‘‘In the case’’ and 

inserting ‘‘Subject to subsection (f), in the case’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f)(1) During the emergency period described in section 

1135(g)(1)(B), the Secretary shall expand the program under subsection (e)(3) pursuant to paragraph (2). 

‘‘(2) In expanding the program under subsection (e)(3), the 

following shall apply: 

‘‘(A)(i) In addition to the hospitals described in subsection 

(e)(3), the following hospitals shall be eligible to participate 

in the program: 

‘‘(I) Hospitals described in clause (iii) of section 

1886(d)(1)(B). 

‘‘(II) Hospitals described in clause (v) of such section. 

‘‘(III) Critical access hospitals (as defined in section 

1861(mm)(1)). 

‘‘(ii) Subject to appropriate safeguards against fraud, waste, 

and abuse, upon a request of a hospital described in clause 

(i), the Secretary shall provide accelerated payments under 

the program to such hospital. 

‘‘(B) Upon the request of the hospital, the Secretary may 

do any of the following: 

‘‘(i) Make accelerated payments on a periodic or lump 

sum basis. 

‘‘(ii) Increase the amount of payment that would otherwise be made to hospitals under the program up to 100 

percent (or, in the case of critical access hospitals, up 

to 125 percent). 

‘‘(iii) Extend the period that accelerated payments cover 

so that it covers up to a 6-month period. 

‘‘(C) Upon the request of the hospital, the Secretary shall 

do the following: 

‘‘(i) Provide up to 120 days before claims are offset 

to recoup the accelerated payment. 
H. R. 748—147 

‘‘(ii) Allow not less than 12 months from the date 

of the first accelerated payment before requiring that the 

outstanding balance be paid in full. 

‘‘(3) Nothing in this subsection shall preclude the Secretary 

from carrying out the provisions described in clauses (i), (ii), and 

(iii) of paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) 

under the program under subsection (e)(3) after the period for 

which this subsection applies. 

‘‘(4) Notwithstanding any other provision of law, the Secretary 

may implement the provisions of this subsection by program instruction or otherwise.’’. 

SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO 

ENABLE STATE LEGISLATION NECESSARY FOR COMPLIANCE. 

Section 6008 of the Families First Coronavirus Response Act 

is amended by adding at the end the following new subsection: 

‘‘(d) DELAY IN APPLICATION OF PREMIUM REQUIREMENT.— 

During the 30 day period beginning on the date of enactment 

of this Act, a State shall not be ineligible for the increase to 

the Federal medical assistance percentage of the State described 

in subsection (a) on the basis that the State imposes a premium 

that violates the requirement of subsection (b)(2) if such premium 

was in effect on the date of enactment of this Act.’’. 

Subtitle E—Health and Human Services 

Extenders 

PART I—MEDICARE PROVISIONS 

SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR 

UNDER THE MEDICARE PROGRAM. 

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 

1395w–4(e)(1)(E)) is amended by striking ‘‘May 23, 2020’’ and 

inserting ‘‘December 1, 2020’’. 

SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, AND SELECTION. 

(a) IN GENERAL.—Section 1890(d)(2) of the Social Security Act 

(42 U.S.C. 1395aaa(d)(2)) is amended— 

(1) in the first sentence, by striking ‘‘and $4,830,000 for 

the period beginning on October 1, 2019, and ending on May 

22, 2020’’ and inserting ‘‘$20,000,000 for fiscal year 2020, and 

for the period beginning on October 1, 2020, and ending on 

November 30, 2020, the amount equal to the pro rata portion 

of the amount appropriated for such period for fiscal year 

2020’’; and 

(2) in the third sentence, by striking ‘‘and 2019 and for 

the period beginning on October 1, 2019, and ending on May 

22, 2020’’ and inserting ‘‘, 2019, and 2020, and for the period 

beginning on October 1, 2020, and ending on November 30, 

2020,’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect as if included in the enactment of the Further 

Consolidated Appropriations Act, 2020 (Public Law 116–94). 
H. R. 748—148 

SEC. 3803. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR 

LOW-INCOME PROGRAMS. 

(a) FUNDING EXTENSIONS.— 

(1) ADDITIONAL FUNDING FOR STATE HEALTH INSURANCE

PROGRAMS.—Subsection (a)(1)(B) of section 119 of the Medicare 

Improvements for Patients and Providers Act of 2008 (42 U.S.C. 

1395b–3 note), as amended by section 3306 of the Patient 

Protection and Affordable Care Act (Public Law 111–148), section 610 of the American Taxpayer Relief Act of 2012 (Public 

Law 112–240), section 1110 of the Pathway for SGR Reform 

Act of 2013 (Public Law 113–67), section 110 of the Protecting 

Access to Medicare Act of 2014 (Public Law 113–93), section 

208 of the Medicare Access and CHIP Reauthorization Act 

of 2015 (Public Law 114–10), section 50207 of division E of 

the Bipartisan Budget Act of 2018 (Public Law 115–123), section 1402 of division B of the Continuing Appropriations Act, 

2020, and Health Extenders Act of 2019 (Public Law 116– 

59), section 1402 of division B of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 

(Public Law 116–69), and section 103 of division N of the 

Further Consolidated Appropriations Act, 2020 (Public Law 

116–94) is amended by striking clauses (x) through (xii) and 

inserting the following new clauses: 

‘‘(x) for fiscal year 2020, of $13,000,000; and 

‘‘(xi) for the period beginning on October 1, 2020, 

and ending on November 30, 2020, the amount equal 

to the pro rata portion of the amount appropriated 

for such period for fiscal year 2020.’’. 

(2) ADDITIONAL FUNDING FOR AREA AGENCIES ON AGING.— 

Subsection (b)(1)(B) of such section 119, as so amended, is 

amended by striking clauses (x) through (xii) and inserting 

the following new clauses: 

‘‘(x) for fiscal year 2020, of $7,500,000; and 

‘‘(xi) for the period beginning on October 1, 2020, 

and ending on November 30, 2020, the amount equal 

to the pro rata portion of the amount appropriated 

for such period for fiscal year 2020.’’. 

(3) ADDITIONAL FUNDING FOR AGING AND DISABILITY

RESOURCE CENTERS.—Subsection (c)(1)(B) of such section 119, 

as so amended, is amended by striking clauses (x) through 

(xii) and inserting the following new clauses: 

‘‘(x) for fiscal year 2020, of $5,000,000; and 

‘‘(xi) for the period beginning on October 1, 2020, 

and ending on November 30, 2020, the amount equal 

to the pro rata portion of the amount appropriated 

for such period for fiscal year 2020.’’. 

(4) ADDITIONAL FUNDING FOR CONTRACT WITH THE NATIONAL

CENTER FOR BENEFITS AND OUTREACH ENROLLMENT.—Subsection (d)(2) of such section 119, as so amended, is amended 

by striking clauses (x) through (xii) and inserting the following 

new clauses: 

‘‘(x) for fiscal year 2020, of $12,000,000; and 

‘‘(xi) for the period beginning on October 1, 2020, 

and ending on November 30, 2020, the amount equal 

to the pro rata portion of the amount appropriated 

for such period for fiscal year 2020.’’. 
H. R. 748—149 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect as if included in the enactment of the Further 

Consolidated Appropriations Act, 2020 (Public Law 116–94). 

PART II—MEDICAID PROVISIONS 

SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION PROGRAM. 

Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 

1396a note) is amended— 

(1) in paragraph (1), by striking subparagraph (G) and 

inserting the following: ‘‘(G) subject to paragraph (3), $337,500,000 for the 

period beginning on January 1, 2020, and ending on September 30, 2020; and 

‘‘(H) subject to paragraph (3), for the period beginning 

on October 1, 2020, and ending on November 30, 2020, 

the amount equal to the pro rata portion of the amount 

appropriated for such period for fiscal year 2020.’’; and 

(2) in paragraph (3), by striking ‘‘and (G)’’ and inserting 

‘‘, (G), and (H)’’. 

SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. 

(a) IN GENERAL.—Section 2404 of Public Law 111–148 (42 

U.S.C. 1396r–5 note) is amended by striking ‘‘May 22, 2020’’ and 

inserting ‘‘November 30, 2020’’. 

(b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public 

Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or 

1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r– 

5) shall be construed as prohibiting a State from— 

(1) applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42 

U.S.C. 1396a(r)(2))— 

(A) to the income or resources of an individual 

described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 

U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the 

income or resources of such individual’s spouse); or 

(B) on the basis of an individual’s need for home and 

community-based services authorized under subsection (c), 

(d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) 

or under section 1115 of such Act (42 U.S.C. 1315); or 

(2) disregarding an individual’s spousal income and assets 

under a plan amendment to provide medical assistance for 

home and community-based services for individuals by reason 

of being determined eligible under section 1902(a)(10)(C) of 

such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 

1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the 

basis of a reduction of income based on costs incurred for 

medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in 

determining the initial and ongoing financial eligibility of an 

individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42 

U.S.C. 1396r–5). 

SEC. 3813. DELAY OF DSH REDUCTIONS. 

Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 

1396r–4(f)(7)(A)) is amended— 
H. R. 748—150 

(1) in clause (i), in the matter preceding subclause (I), 

by striking ‘‘May 23, 2020, and ending September 30, 2020, 

and for each of fiscal years 2021’’ and inserting ‘‘December 

1, 2020, and ending September 30, 2021, and for each of fiscal 

years 2022’’; and 

(2) in clause (ii)— 

(A) in subclause (I), by striking ‘‘May 23, 2020, and 

ending September 30, 2020’’ and inserting ‘‘December 1, 

2020, and ending September 30, 2021’’; and 

(B) in subclause (II), by striking ‘‘2021’’ and inserting 

‘‘2022’’. 

SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL 

HEALTH SERVICES DEMONSTRATION PROGRAM. 

(a) IN GENERAL.—Section 223(d) of the Protecting Access to 

Medicare Act of 2014 (42 U.S.C. 1396a note) is amended— 

(1) in paragraph (3)— 

(A) by striking ‘‘Not more than’’ and inserting ‘‘Subject 

to paragraph (8), not more than’’; and 

(B) by striking ‘‘May 22, 2020’’ and inserting 

‘‘November 30, 2020’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(8) ADDITIONAL PROGRAMS.— 

‘‘(A) IN GENERAL.—Not later than 6 months after the 

date of enactment of this paragraph, in addition to the 

8 States selected under paragraph (1), the Secretary shall 

select 2 States to participate in 2-year demonstration programs that meet the requirements of this subsection. 

‘‘(B) SELECTION OF STATES.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), in selecting 

States under this paragraph, the Secretary— 

‘‘(I) shall select States that— 

‘‘(aa) were awarded planning grants under 

subsection (c); and 

‘‘(bb) applied to participate in the demonstration programs under this subsection 

under paragraph (1) but, as of the date of 

enactment of this paragraph, were not selected 

to participate under paragraph (1); and 

‘‘(II) shall use the results of the Secretary’s 

evaluation of each State’s application under paragraph (1) to determine which States to select, and 

shall not require the submission of any additional 

application. 

‘‘(C) REQUIREMENTS FOR SELECTED STATES.—Prior to 

services being delivered under the demonstration authority 

in a State selected under this paragraph, the State shall— 

‘‘(i) submit a plan to monitor certified community 

behavioral health clinics under the demonstration program to ensure compliance with certified community 

behavioral health criteria during the demonstration 

period; and 

‘‘(ii) commit to collecting data, notifying the Secretary of any planned changes that would deviate from 

the prospective payment system methodology outlined 

in the State’s demonstration application, and obtaining 
H. R. 748—151 

approval from the Secretary for any such change before 

implementing the change.’’. 

(b) LIMITATION.—Section 223(d)(5) of the Protecting Access to 

Medicare Act of 2014 (42 U.S.C. 1396a note) is amended— 

(1) in subparagraph (B), in the matter preceding clause 

(i), by striking ‘‘The Federal matching’’ and inserting ‘‘Subject 

to subparagraph (C)(iii), the Federal matching’’; and 

(2) in subparagraph (C), by adding at the end the following 

new clause: 

‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED AFTER

2019.—The Federal matching percentage applicable 

under subparagraph (B) to amounts expended by a 

State participating in the demonstration program 

under this subsection shall— 

‘‘(I) in the case of a State participating in 

the demonstration program as of January 1, 2020, 

apply to amounts expended by the State during 

the 8 fiscal quarter period (or any portion of such 

period) that begins on January 1, 2020; and 

‘‘(II) in the case of a State selected to participate in the demonstration program under paragraph (8), during first 8 fiscal quarter period (or 

any portion of such period) that the State participates in a demonstration program.’’. 

(c) GAO STUDY AND REPORT ON THE COMMUNITY AND MENTAL

HEALTH SERVICES DEMONSTRATION PROGRAM.— 

(1) IN GENERAL.—Not later than 18 months after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the Committee on Energy and 

Commerce of the House of Representatives and the Committee 

on Finance of the Senate a report on the community and 

mental health services demonstration program conducted under 

section 223 of the Protecting Access to Medicare Act of 2014 

(42 U.S.C. 1396a note) (referred to in this subsection as the 

‘‘demonstration program’’). 

(2) CONTENT OF REPORT.—The report required under paragraph (1) shall include the following information: 

(A) Information on States’ experiences participating 

in the demonstration program, including the extent to 

which States— 

(i) measure the effects of access to certified community behavioral health clinics on patient health and 

cost of care, including— 

(I) engagement in treatment for behavioral 

health conditions; 

(II) relevant clinical outcomes, to the extent 

collected; 

(III) screening and treatment for comorbid 

medical conditions; and 

(IV) use of crisis stabilization, emergency 

department, and inpatient care. 

(B) Information on Federal efforts to evaluate the demonstration program, including— 

(i) quality measures used to evaluate the program; 

(ii) assistance provided to States on data collection 

and reporting; 
H. R. 748—152 

(iii) assessments of the reliability and usefulness 

of State-submitted data; and 

(iv) the extent to which such efforts provide 

information on the relative quality, scope, and cost 

of services as compared with services not provided 

under the demonstration program, and in comparison 

to Medicaid beneficiaries with mental illness and substance use disorders not served under the demonstration program. 

(C) Recommendations for improvements to the following: 

(i) The reporting, accuracy, and validation of 

encounter data. 

(ii) Accuracy in payments to certified community 

behavioral health clinics under State plans or waivers 

under title XIX of the Social Security Act (42 U.S.C. 

1396 et seq.). 

PART III—HUMAN SERVICES AND OTHER 

HEALTH PROGRAMS 

SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM. 

Section 510 of the Social Security Act (42 U.S.C. 710) is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (1), in the matter preceding subparagraph (A)— 

(i) by striking ‘‘and 2019 and for the period beginning October 1, 2019, and ending May 22, 2020’’ and 

inserting ‘‘through 2020 and for the period beginning 

October 1, 2020, and ending November 30, 2020’’; and 

(ii) by striking ‘‘fiscal year 2020’’ and inserting 

‘‘fiscal year 2021’’ 

(B) in paragraph (2)(A)— 

(i) by striking ‘‘and 2019 and for the period beginning October 1, 2019, and ending May 22, 2020’’ and 

inserting ‘‘through 2020 and for the period beginning 

October 1, 2020, and ending November 30, 2020’’; and 

(ii) by striking ‘‘fiscal year 2020’’ and inserting 

‘‘fiscal year 2021’’; and 

(2) in subsection (f)(1), by striking ‘‘and 2019 and 

$48,287,671 for the period beginning October 1, 2019, and 

ending May 22, 2020’’ and inserting ‘‘through 2020, and for 

the period beginning on October 1, 2020, and ending on 

November 30, 2020, the amount equal to the pro rata portion 

of the amount appropriated for such period for fiscal year 

2020’’. 

SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION 

PROGRAM. 

Section 513 of the Social Security Act (42 U.S.C. 713) is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 
H. R. 748—153 

(i) in subparagraph (A), in the matter preceding 

clause (i), by striking ‘‘2019 and for the period beginning October 1, 2019, and ending May 22, 2020’’ and 

inserting ‘‘2020 and for the period beginning October 

1, 2020, and ending November 30, 2020’’; and 

(ii) in subparagraph (B)(i), by striking by striking 

‘‘October 1, 2019, and ending May 22, 2020’’ and 

inserting ‘‘October 1, 2020, and ending November 30, 

2020’’; 

(2) in paragraph (4)(A), by striking ‘‘2019’’ each place it 

appears and inserting ‘‘2020’’; and (3) in subsection (f), by striking ‘‘2019 and $48,287,671 

for the period beginning October 1, 2019, and ending May 

22, 2020’’ and inserting ‘‘2020, and for the period beginning 

on October 1, 2020, and ending on November 30, 2020, the 

amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020’’. 

SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS 

HEALTH PROFESSIONS WORKFORCE NEEDS. 

Activities authorized by section 2008 of the Social Security 

Act shall continue through November 30, 2020, in the manner 

authorized for fiscal year 2019, and out of any money in the 

Treasury of the United States not otherwise appropriated, there 

are hereby appropriated such sums as may be necessary for such 

purpose. Grants and payments may be made pursuant to this 

authority through the date so specified at the pro rata portion 

of the total amount authorized for such activities in fiscal year 

2019. 

SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY 

FAMILIES PROGRAM AND RELATED PROGRAMS. 

Activities authorized by part A of title IV and section 1108(b) 

of the Social Security Act shall continue through November 30, 

2020, in the manner authorized for fiscal year 2019, and out of 

any money in the Treasury of the United States not otherwise 

appropriated, there are hereby appropriated such sums as may 

be necessary for such purpose. 

PART IV—PUBLIC HEALTH PROVISIONS 

SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE 

NATIONAL HEALTH SERVICE CORPS, AND TEACHING 

HEALTH CENTERS THAT OPERATE GME PROGRAMS. 

(a) COMMUNITY HEALTH CENTERS.—Section 10503(b)(1)(F) of 

the Patient Protection and Affordable Care Act (42 U.S.C. 254b– 

2(b)(1)(F)) is amended by striking ‘‘and $2,575,342,466 for the period 

beginning on October 1, 2019, and ending on May 22, 2020’’ and 

inserting ‘‘$4,000,000,000 for fiscal year 2020, and $668,493,151 

for the period beginning on October 1, 2020, and ending on 

November 30, 2020’’. 

(b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2) of 

the Patient Protection and Affordable Care Act (42 U.S.C. 254b– 

2(b)(2)) is amended— 

(1) in subparagraph (F), by striking ‘‘and’’ at the end; 

and 

(2) by striking subparagraph (G) and inserting the following: 
H. R. 748—154 

‘‘(G) $310,000,000 for fiscal year 2020; and 

‘‘(H) $51,808,219 for the period beginning on October 

1, 2020, and ending on November 30, 2020.’’. 

(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 340H(g)(1) of the Public 

Health Service Act (42 U.S.C. 256h(g)(1)) is amended by striking 

‘‘and 2019, and $81,445,205 for the period beginning on October 

1, 2019, and ending on May 22, 2020’’ and inserting ‘‘through 

fiscal year 2020, and $21,141,096 for the period beginning on 

October 1, 2020, and ending on November 30, 2020’’. 

(d) APPLICATION OF PROVISIONS.—Amounts appropriated pursuant to the amendments made by this section for fiscal year 2020 

and for the period beginning on October 1, 2020, and ending on 

November 30, 2020, shall be subject to the requirements contained 

in Public Law 116–94 for funds for programs authorized under 

sections 330 through 340 of the Public Health Service Act (42 

U.S.C. 254 through 256). 

(e) CONFORMING AMENDMENT.—Paragraph (4) of section 3014(h) 

of title 18, United States Code, as amended by section 401(e) 

of division N of Public Law 116–94, is amended by striking ‘‘section 

401(d) of division N of the Further Consolidated Appropriations 

Act, 2020’’ and inserting ‘‘section 3831 of the CARES Act’’. 

SEC. 3832. DIABETES PROGRAMS. 

(a) TYPE I.—Section 330B(b)(2)(D) of the Public Health Service 

Act (42 U.S.C. 254c–2(b)(2)(D)) is amended by striking ‘‘and 2019, 

and $96,575,342 for the period beginning on October 1, 2019, and 

ending on May 22, 2020’’ and inserting ‘‘through 2020, and 

$25,068,493 for the period beginning on October 1, 2020, and ending 

on November 30, 2020’’. 

(b) INDIANS.—Section 330C(c)(2)(D) of the Public Health Service 

Act (42 U.S.C. 254c–3(c)(2)(D)) is amended by striking ‘‘and 2019, 

and $96,575,342 for the period beginning on October 1, 2019, and 

ending on May 22, 2020’’ and inserting ‘‘through 2020, and 

$25,068,493 for the period beginning on October 1, 2020, and ending 

on November 30, 2020’’. 

PART V—MISCELLANEOUS PROVISIONS 

SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL 

YEAR 2020. 

Expenditures made under any provision of law amended in 

this title pursuant to the amendments made by the Continuing 

Appropriations Act, 2020, and Health Extenders Act of 2019 (Public 

Law 116–59), the Further Continuing Appropriations Act, 2020, 

and Further Health Extenders Act of 2019 (Public Law 116–69), 

and the Further Consolidated Appropriations Act, 2020 (Public 

Law 116–94) for fiscal year 2020 shall be charged to the applicable 

appropriation or authorization provided by the amendments made 

by this title to such provision of law for such fiscal year. 
H. R. 748—155 

Subtitle F—Over-the-Counter Drugs 

PART I—OTC DRUG REVIEW 

SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT 

ARE MARKETED WITHOUT AN APPROVED DRUG APPLICATION. 

(a) IN GENERAL.—Chapter V of the Federal Food, Drug, and 

Cosmetic Act is amended by inserting after section 505F of such 

Act (21 U.S.C. 355g) the following: 

‘‘SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS 

THAT ARE MARKETED WITHOUT AN APPROVED DRUG 

APPLICATION. 

‘‘(a) NONPRESCRIPTION DRUGS MARKETED WITHOUT AN

APPROVED APPLICATION.—Nonprescription drugs marketed without 

an approved drug application under section 505, as of the date 

of the enactment of this section, shall be treated in accordance 

with this subsection. 

‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; CATEGORY

I DRUGS SUBJECT TO A TENTATIVE FINAL MONOGRAPH.—A drug 

is deemed to be generally recognized as safe and effective 

under section 201(p)(1), not a new drug under section 201(p), 

and not subject to section 503(b)(1), if— 

‘‘(A) the drug is— 

‘‘(i) in conformity with the requirements for nonprescription use of a final monograph issued under 

part 330 of title 21, Code of Federal Regulations (except 

as provided in paragraph (2)), the general requirements 

for nonprescription drugs, and conditions or requirements under subsections (b), (c), and (k); and 

‘‘(ii) except as permitted by an order issued under 

subsection (b) or, in the case of a minor change in 

the drug, in conformity with an order issued under 

subsection (c), in a dosage form that, immediately prior 

to the date of the enactment of this section, has been 

used to a material extent and for a material time 

under section 201(p)(2); or 

‘‘(B) the drug is— 

‘‘(i) classified in category I for safety and effectiveness under a tentative final monograph that is the 

most recently applicable proposal or determination 

issued under part 330 of title 21, Code of Federal 

Regulations; 

‘‘(ii) in conformity with the proposed requirements 

for nonprescription use of such tentative final monograph, any applicable subsequent determination by the 

Secretary, the general requirements for nonprescription drugs, and conditions or requirements under subsections (b), (c), and (k); and 

‘‘(iii) except as permitted by an order issued under 

subsection (b) or, in the case of a minor change in 

the drug, in conformity with an order issued under 

subsection (c), in a dosage form that, immediately prior 

to the date of the enactment of this section, has been 

used to a material extent and for a material time 

under section 201(p)(2). 
H. R. 748—156 

‘‘(2) TREATMENT OF SUNSCREEN DRUGS.—With respect to 

sunscreen drugs subject to this section, the applicable requirements in terms of conformity with a final monograph, for purposes of paragraph (1)(A)(i), shall be the requirements specified 

in part 352 of title 21, Code of Federal Regulations, as published 

on May 21, 1999, beginning on page 27687 of volume 64 of 

the Federal Register, except that the applicable requirements 

governing effectiveness and labeling shall be those specified 

in section 201.327 of title 21, Code of Federal Regulations. 

‘‘(3) CATEGORY III DRUGS SUBJECT TO A TENTATIVE FINAL

MONOGRAPH; CATEGORY I DRUGS SUBJECT TO PROPOSED MONOGRAPH OR ADVANCE NOTICE OF PROPOSED RULEMAKING.—A drug 

that is not described in paragraph (1), (2), or (4) is not required 

to be the subject of an application approved under section 

505, and is not subject to section 503(b)(1), if— 

‘‘(A) the drug is— 

‘‘(i) classified in category III for safety or effectiveness in the preamble of a proposed rule establishing 

a tentative final monograph that is the most recently 

applicable proposal or determination for such drug 

issued under part 330 of title 21, Code of Federal 

Regulations; 

‘‘(ii) in conformity with— 

‘‘(I) the conditions of use, including indication 

and dosage strength, if any, described for such 

category III drug in such preamble or in an 

applicable subsequent proposed rule; 

‘‘(II) the proposed requirements for drugs 

classified in such tentative final monograph in category I in the most recently proposed rule establishing requirements related to such tentative final 

monograph and in any final rule establishing 

requirements that are applicable to the drug; and 

‘‘(III) the general requirements for nonprescription drugs and conditions or requirements 

under subsection (b) or (k); and 

‘‘(iii) in a dosage form that, immediately prior to 

the date of the enactment of this section, had been 

used to a material extent and for a material time 

under section 201(p)(2); or 

‘‘(B) the drug is— 

‘‘(i) classified in category I for safety and effectiveness under a proposed monograph or advance notice 

of proposed rulemaking that is the most recently 

applicable proposal or determination for such drug 

issued under part 330 of title 21, Code of Federal 

Regulations; 

‘‘(ii) in conformity with the requirements for nonprescription use of such proposed monograph or 

advance notice of proposed rulemaking, any applicable 

subsequent determination by the Secretary, the general 

requirements for nonprescription drugs, and conditions 

or requirements under subsection (b) or (k); and 

‘‘(iii) in a dosage form that, immediately prior to 

the date of the enactment of this section, has been 

used to a material extent and for a material time 

under section 201(p)(2). 
H. R. 748—157 

‘‘(4) CATEGORY II DRUGS DEEMED NEW DRUGS.—A drug that 

is classified in category II for safety or effectiveness under 

a tentative final monograph or that is subject to a determination 

to be not generally recognized as safe and effective in a proposed 

rule that is the most recently applicable proposal issued under 

part 330 of title 21, Code of Federal Regulations, shall be 

deemed to be a new drug under section 201(p), misbranded 

under section 502(ee), and subject to the requirement for an 

approved new drug application under section 505 beginning 

on the day that is 180 calendar days after the date of the 

enactment of this section, unless, before such day, the Secretary 

determines that it is in the interest of public health to extend 

the period during which the drug may be marketed without 

such an approved new drug application. 

‘‘(5) DRUGS NOT GRASE DEEMED NEW DRUGS.—A drug that 

the Secretary has determined not to be generally recognized 

as safe and effective under section 201(p)(1) under a final 

determination issued under part 330 of title 21, Code of Federal 

Regulations, shall be deemed to be a new drug under section 

201(p), misbranded under section 502(ee), and subject to the 

requirement for an approved new drug application under section 505. 

‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Except as provided in subsection (m), a drug is deemed to be a new drug 

under section 201(p) and misbranded under section 502(ee) 

if the drug— 

‘‘(A) is not subject to section 503(b)(1); and 

‘‘(B) is not described in paragraph (1), (2), (3), (4), 

or (5), or subsection (b)(1)(B). 

‘‘(b) ADMINISTRATIVE ORDERS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) DETERMINATION.—The Secretary may, on the initiative of the Secretary or at the request of one or more 

requestors, issue an administrative order determining 

whether there are conditions under which a specific drug, 

a class of drugs, or a combination of drugs, is determined 

to be— 

‘‘(i) not subject to section 503(b)(1); and 

‘‘(ii) generally recognized as safe and effective 

under section 201(p)(1). 

‘‘(B) EFFECT.—A drug or combination of drugs shall 

be deemed to not require approval under section 505 if 

such drug or combination of drugs— 

‘‘(i) is determined by the Secretary to meet the 

conditions specified in clauses (i) and (ii) of subparagraph (A); 

‘‘(ii) is marketed in conformity with an administrative order under this subsection; 

‘‘(iii) meets the general requirements for nonprescription drugs; and 

‘‘(iv) meets the requirements under subsections (c) 

and (k). 

‘‘(C) STANDARD.—The Secretary shall find that a drug 

is not generally recognized as safe and effective under 

section 201(p)(1) if— 
H. R. 748—158 

‘‘(i) the evidence shows that the drug is not generally recognized as safe and effective under section 

201(p)(1); or 

‘‘(ii) the evidence is inadequate to show that the 

drug is generally recognized as safe and effective under 

section 201(p)(1). 

‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY THE SECRETARY.— 

‘‘(A) IN GENERAL.—In issuing an administrative order 

under paragraph (1) upon the Secretary’s initiative, the 

Secretary shall— 

‘‘(i) make reasonable efforts to notify informally, 

not later than 2 business days before the issuance 

of the proposed order, the sponsors of drugs who have 

a listing in effect under section 510(j) for the drugs 

or combination of drugs that will be subject to the 

administrative order; 

‘‘(ii) after any such reasonable efforts of notification— 

‘‘(I) issue a proposed administrative order by 

publishing it on the website of the Food and Drug 

Administration and include in such order the reasons for the issuance of such order; and 

‘‘(II) publish a notice of availability of such 

proposed order in the Federal Register; 

‘‘(iii) except as provided in subparagraph (B), provide for a public comment period with respect to such 

proposed order of not less than 45 calendar days; and 

‘‘(iv) if, after completion of the proceedings specified in clauses (i) through (iii), the Secretary determines that it is appropriate to issue a final administrative order— 

‘‘(I) issue the final administrative order, 

together with a detailed statement of reasons, 

which order shall not take effect until the time 

for requesting judicial review under paragraph 

(3)(D)(ii) has expired; 

‘‘(II) publish a notice of such final administrative order in the Federal Register; 

‘‘(III) afford requestors of drugs that will be 

subject to such order the opportunity for formal 

dispute resolution up to the level of the Director 

of the Center for Drug Evaluation and Research, 

which initially must be requested within 45 calendar days of the issuance of the order, and, for 

subsequent levels of appeal, within 30 calendar 

days of the prior decision; and 

‘‘(IV) except with respect to drugs described 

in paragraph (3)(B), upon completion of the formal 

dispute resolution procedure, inform the persons 

which sought such dispute resolution of their right 

to request a hearing. 

‘‘(B) EXCEPTIONS.—When issuing an administrative 

order under paragraph (1) on the Secretary’s initiative 

proposing to determine that a drug described in subsection 

(a)(3) is not generally recognized as safe and effective under 
H. R. 748—159 

section 201(p)(1), the Secretary shall follow the procedures 

in subparagraph (A), except that— 

‘‘(i) the proposed order shall include notice of— 

‘‘(I) the general categories of data the Secretary has determined necessary to establish that 

the drug is generally recognized as safe and effective under section 201(p)(1); and 

‘‘(II) the format for submissions by interested 

persons; 

‘‘(ii) the Secretary shall provide for a public comment period of no less than 180 calendar days with 

respect to such proposed order, except when the Secretary determines, for good cause, that a shorter period 

is in the interest of public health; and 

‘‘(iii) any person who submits data in such comment period shall include a certification that the person 

has submitted all evidence created, obtained, or 

received by that person that is both within the categories of data identified in the proposed order and 

relevant to a determination as to whether the drug 

is generally recognized as safe and effective under 

section 201(p)(1). 

‘‘(3) HEARINGS; JUDICIAL REVIEW.— 

‘‘(A) IN GENERAL.—Only a person who participated in 

each stage of formal dispute resolution under subclause 

(III) of paragraph (2)(A)(iv) of an administrative order with 

respect to a drug may request a hearing concerning a 

final administrative order issued under such paragraph 

with respect to such drug. If a hearing is sought, such 

person must submit a request for a hearing, which shall 

be based solely on information in the administrative record, 

to the Secretary not later than 30 calendar days after 

receiving notice of the final decision of the formal dispute 

resolution procedure. 

‘‘(B) NO HEARING REQUIRED WITH RESPECT TO ORDERS

RELATING TO CERTAIN DRUGS.— 

‘‘(i) IN GENERAL.—The Secretary shall not be 

required to provide notice and an opportunity for a 

hearing pursuant to paragraph (2)(A)(iv) if the final 

administrative order involved relates to a drug— 

‘‘(I) that is described in subsection (a)(3)(A); 

and 

‘‘(II) with respect to which no human or nonhuman data studies relevant to the safety or 

effectiveness of such drug have been submitted 

to the administrative record since the issuance 

of the most recent tentative final monograph 

relating to such drug. 

‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN DATA

DEFINED.—In this subparagraph: 

‘‘(I) The term ‘human data studies’ means clinical trials of safety or effectiveness (including 

actual use studies), pharmacokinetics studies, or 

bioavailability studies. 

‘‘(II) The term ‘non-human data’ means data 

from testing other than with human subjects which 
H. R. 748—160 

provides information concerning safety or effectiveness. 

‘‘(C) HEARING PROCEDURES.— 

‘‘(i) DENIAL OF REQUEST FOR HEARING.—If the Secretary determines that information submitted in a 

request for a hearing under subparagraph (A) with 

respect to a final administrative order issued under 

paragraph (2)(A)(iv) does not identify the existence 

of a genuine and substantial question of material fact, 

the Secretary may deny such request. In making such 

a determination, the Secretary may consider only 

information and data that are based on relevant and 

reliable scientific principles and methodologies. 

‘‘(ii) SINGLE HEARING FOR MULTIPLE RELATED

REQUESTS.—If more than one request for a hearing 

is submitted with respect to the same administrative 

order under subparagraph (A), the Secretary may 

direct that a single hearing be conducted in which 

all persons whose hearing requests were granted may 

participate. 

‘‘(iii) PRESIDING OFFICER.—The presiding officer of 

a hearing requested under subparagraph (A) shall— 

‘‘(I) be designated by the Secretary; 

‘‘(II) not be an employee of the Center for 

Drug Evaluation and Research; and 

‘‘(III) not have been previously involved in the 

development of the administrative order involved 

or proceedings relating to that administrative 

order. 

‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The parties 

to a hearing requested under subparagraph (A) shall 

have the right to present testimony, including testimony of expert witnesses, and to cross-examine witnesses presented by other parties. Where appropriate, 

the presiding officer may require that cross-examination by parties representing substantially the same 

interests be consolidated to promote efficiency and 

avoid duplication. 

‘‘(v) FINAL DECISION.— 

‘‘(I) At the conclusion of a hearing requested 

under subparagraph (A), the presiding officer of 

the hearing shall issue a decision containing 

findings of fact and conclusions of law. The decision 

of the presiding officer shall be final. 

‘‘(II) The final decision may not take effect 

until the period under subparagraph (D)(ii) for 

submitting a request for judicial review of such 

decision expires. 

‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRATIVE

ORDER.— 

‘‘(i) IN GENERAL.—The procedures described in section 505(h) shall apply with respect to judicial review 

of final administrative orders issued under this subsection in the same manner and to the same extent 

as such section applies to an order described in such 

section except that the judicial review shall be taken 

by filing in an appropriate district court of the United 
H. R. 748—161 

States in lieu of the appellate courts specified in such 

section. 

‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDICIAL

REVIEW.—A person eligible to request a hearing under 

this paragraph and seeking judicial review of a final 

administrative order issued under this subsection shall 

file such request for judicial review not later than 

60 calendar days after the latest of— 

‘‘(I) the date on which notice of such order 

is published; 

‘‘(II) the date on which a hearing with respect 

to such order is denied under subparagraph (B) 

or (C)(i); 

‘‘(III) the date on which a final decision is 

made following a hearing under subparagraph 

(C)(v); or 

‘‘(IV) if no hearing is requested, the date on 

which the time for requesting a hearing expires. 

‘‘(4) EXPEDITED PROCEDURE WITH RESPECT TO ADMINISTRATIVE ORDERS INITIATED BY THE SECRETARY.— 

‘‘(A) IMMINENT HAZARD TO THE PUBLIC HEALTH.— 

‘‘(i) IN GENERAL.—In the case of a determination 

by the Secretary that a drug, class of drugs, or combination of drugs subject to this section poses an 

imminent hazard to the public health, the Secretary, 

after first making reasonable efforts to notify, not later 

than 48 hours before issuance of such order under 

this subparagraph, sponsors who have a listing in effect 

under section 510(j) for such drug or combination of 

drugs— 

‘‘(I) may issue an interim final administrative 

order for such drug, class of drugs, or combination 

of drugs under paragraph (1), together with a 

detailed statement of the reasons for such order; 

‘‘(II) shall publish in the Federal Register a 

notice of availability of any such order; and 

‘‘(III) shall provide for a public comment period 

of at least 45 calendar days with respect to such 

interim final order. 

‘‘(ii) NONDELEGATION.—The Secretary may not 

delegate the authority to issue an interim final 

administrative order under this subparagraph. 

‘‘(B) SAFETY LABELING CHANGES.— 

‘‘(i) IN GENERAL.—In the case of a determination 

by the Secretary that a change in the labeling of a 

drug, class of drugs, or combination of drugs subject 

to this section is reasonably expected to mitigate a 

significant or unreasonable risk of a serious adverse 

event associated with use of the drug, the Secretary 

may— 

‘‘(I) make reasonable efforts to notify informally, not later than 48 hours before the issuance 

of the interim final order, the sponsors of drugs 

who have a listing in effect under section 510(j) 

for such drug or combination of drugs; 

‘‘(II) after reasonable efforts of notification, 

issue an interim final administrative order in 
H. R. 748—162 

accordance with paragraph (1) to require such 

change, together with a detailed statement of the 

reasons for such order; 

‘‘(III) publish in the Federal Register a notice 

of availability of such order; and 

‘‘(IV) provide for a public comment period of 

at least 45 calendar days with respect to such 

interim final order. 

‘‘(ii) CONTENT OF ORDER.—An interim final order 

issued under this subparagraph with respect to the 

labeling of a drug may provide for new warnings and 

other information required for safe use of the drug. 

‘‘(C) EFFECTIVE DATE.—An order under subparagraph 

(A) or (B) shall take effect on a date specified by the 

Secretary. 

‘‘(D) FINAL ORDER.—After the completion of the proceedings in subparagraph (A) or (B), the Secretary shall— 

‘‘(i) issue a final order in accordance with paragraph (1); 

‘‘(ii) publish a notice of availability of such final 

administrative order in the Federal Register; and 

‘‘(iii) afford sponsors of such drugs that will be 

subject to such an order the opportunity for formal 

dispute resolution up to the level of the Director of 

the Center for Drug Evaluation and Research, which 

must initially be within 45 calendar days of the 

issuance of the order, and for subsequent levels of 

appeal, within 30 calendar days of the prior decision. 

‘‘(E) HEARINGS.—A sponsor of a drug subject to a final 

order issued under subparagraph (D) and that participated 

in each stage of formal dispute resolution under clause 

(iii) of such subparagraph may request a hearing on such 

order. The provisions of subparagraphs (A), (B), and (C) 

of paragraph (3), other than paragraph (3)(C)(v)(II), shall 

apply with respect to a hearing on such order in the same 

manner and to the same extent as such provisions apply 

with respect to a hearing on an administrative order issued 

under paragraph (2)(A)(iv). 

‘‘(F) TIMING.— 

‘‘(i) FINAL ORDER AND HEARING.—The Secretary 

shall— 

‘‘(I) not later than 6 months after the date 

on which the comment period closes under 

subparagraph (A) or (B), issue a final order in 

accordance with paragraph (1); and 

‘‘(II) not later than 12 months after the date 

on which such final order is issued, complete any 

hearing under subparagraph (E). 

‘‘(ii) DISPUTE RESOLUTION REQUEST.—The Secretary shall specify in an interim final order issued 

under subparagraph (A) or (B) such shorter periods 

for requesting dispute resolution under subparagraph 

(D)(iii) as are necessary to meet the requirements of 

this subparagraph. 

‘‘(G) JUDICIAL REVIEW.—A final order issued pursuant 

to subparagraph (F) shall be subject to judicial review 

in accordance with paragraph (3)(D). 
H. R. 748—163 

‘‘(5) ADMINISTRATIVE ORDER INITIATED AT THE REQUEST OF

A REQUESTOR.— 

‘‘(A) IN GENERAL.—In issuing an administrative order 

under paragraph (1) at the request of a requestor with 

respect to certain drugs, classes of drugs, or combinations 

of drugs— 

‘‘(i) the Secretary shall, after receiving a request 

under this subparagraph, determine whether the 

request is sufficiently complete and formatted to permit 

a substantive review; 

‘‘(ii) if the Secretary determines that the request 

is sufficiently complete and formatted to permit a substantive review, the Secretary shall— 

‘‘(I) file the request; and 

‘‘(II) initiate proceedings with respect to 

issuing an administrative order in accordance with 

paragraphs (2) and (3); and 

‘‘(iii) except as provided in paragraph (6), if the 

Secretary determines that a request does not meet 

the requirements for filing or is not sufficiently complete and formatted to permit a substantive review, 

the requestor may demand that the request be filed 

over protest, and the Secretary shall initiate proceedings to review the request in accordance with paragraph (2)(A). 

‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— 

‘‘(i) IN GENERAL.—A requestor seeking an administrative order under paragraph (1) with respect to certain drugs, classes of drugs, or combinations of drugs, 

shall submit to the Secretary a request to initiate 

proceedings for such order in the form and manner 

as specified by the Secretary. Such requestor may 

submit a request under this subparagraph for the 

issuance of an administrative order— 

‘‘(I) determining whether a drug is generally 

recognized as safe and effective under section 

201(p)(1), exempt from section 503(b)(1), and not 

required to be the subject of an approved application under section 505; or 

‘‘(II) determining whether a change to a condition of use of a drug is generally recognized as 

safe and effective under section 201(p)(1), exempt 

from section 503(b)(1), and not required to be the 

subject of an approved application under section 

505, if, absent such a changed condition of use, 

such drug is— 

‘‘(aa) generally recognized as safe and 

effective under section 201(p)(1) in accordance 

with subsection (a)(1), (a)(2), or an order under 

this subsection; or 

‘‘(bb) subject to subsection (a)(3), but only 

if such requestor initiates such request in 

conjunction with a request for the Secretary 

to determine whether such drug is generally 

recognized as safe and effective under section 

201(p)(1), which is filed by the Secretary under 

subparagraph (A)(ii). 
H. R. 748—164 

‘‘(ii) EXCEPTION.—The Secretary is not required 

to complete review of a request for a change described 

in clause (i)(II) if the Secretary determines that there 

is an inadequate basis to find the drug is generally 

recognized as safe and effective under section 201(p)(1) 

under paragraph (1) and issues a final order 

announcing that determination. 

‘‘(iii) WITHDRAWAL.—The requestor may withdraw 

a request under this paragraph, according to the procedures set forth pursuant to subsection (d)(2)(B). Notwithstanding any other provision of this section, if 

such request is withdrawn, the Secretary may cease 

proceedings under this subparagraph. 

‘‘(C) EXCLUSIVITY.— 

‘‘(i) IN GENERAL.—A final administrative order 

issued in response to a request under this section 

shall have the effect of authorizing solely the order 

requestor (or the licensees, assignees, or successors 

in interest of such requestor with respect to the subject 

of such order), for a period of 18 months following 

the effective date of such final order and beginning 

on the date the requestor may lawfully market such 

drugs pursuant to the order, to market drugs— 

‘‘(I) incorporating changes described in clause 

(ii); and 

‘‘(II) subject to the limitations under clause 

(iv). 

‘‘(ii) CHANGES DESCRIBED.—A change described in 

this clause is a change subject to an order specified 

in clause (i), which— 

‘‘(I) provides for a drug to contain an active 

ingredient (including any ester or salt of the active 

ingredient) not previously incorporated in a drug 

described in clause (iii); or 

‘‘(II) provides for a change in the conditions 

of use of a drug, for which new human data studies 

conducted or sponsored by the requestor (or for 

which the requestor has an exclusive right of reference) were essential to the issuance of such 

order. 

‘‘(iii) DRUGS DESCRIBED.—The drugs described in 

this clause are drugs— 

‘‘(I) specified in subsection (a)(1), (a)(2), or 

(a)(3); 

‘‘(II) subject to a final order issued under this 

section; 

‘‘(III) subject to a final sunscreen order (as 

defined in section 586(2)(A)); or 

‘‘(IV) described in subsection (m)(1), other than 

drugs subject to an active enforcement action 

under chapter III of this Act. 

‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— ‘‘(I) IN GENERAL.—Only one 18-month period 

under this subparagraph shall be granted, under 

each order described in clause (i), with respect 

to changes (to the drug subject to such order) 

which are either— 
H. R. 748—165 

‘‘(aa) changes described in clause (ii)(I), 

relating to active ingredients; or 

‘‘(bb) changes described in clause (ii)(II), 

relating to conditions of use. 

‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclusivity shall apply to changes to a drug which are— 

‘‘(aa) the subject of a Tier 2 OTC monograph order request (as defined in section 

744L); 

‘‘(bb) safety-related changes, as defined by 

the Secretary, or any other changes the Secretary considers necessary to assure safe use; 

or 

‘‘(cc) changes related to methods of testing 

safety or efficacy. 

‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In this 

subparagraph, the term ‘new human data studies’ 

means clinical trials of safety or effectiveness 

(including actual use studies), pharmacokinetics 

studies, or bioavailability studies, the results of 

which— 

‘‘(I) have not been relied on by the Secretary 

to support— 

‘‘(aa) a proposed or final determination 

that a drug described in subclause (I), (II), 

or (III) of clause (iii) is generally recognized 

as safe and effective under section 201(p)(1); 

or 

‘‘(bb) approval of a drug that was approved 

under section 505; and 

‘‘(II) do not duplicate the results of another 

study that was relied on by the Secretary to support— 

‘‘(aa) a proposed or final determination 

that a drug described in subclause (I), (II), 

or (III) of clause (iii) is generally recognized 

as safe and effective under section 201(p)(1); 

or 

‘‘(bb) approval of a drug that was approved 

under section 505. 

‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE FOR

SALE.—A requestor that is granted exclusivity with 

respect to a drug under this subparagraph shall notify 

the Secretary in writing within 1 year of the issuance 

of the final administrative order if the drug that is 

the subject of such order will not be available for 

sale within 1 year of the date of issuance of such 

order. The requestor shall include with such notice 

the— 

‘‘(I) identity of the drug by established name 

and by proprietary name, if any; 

‘‘(II) strength of the drug; 

‘‘(III) date on which the drug will be available 

for sale, if known; and 

‘‘(IV) reason for not marketing the drug after 

issuance of the order. 
H. R. 748—166 

‘‘(6) INFORMATION REGARDING SAFE NONPRESCRIPTION MARKETING AND USE AS CONDITION FOR FILING A GENERALLY RECOGNIZED AS SAFE AND EFFECTIVE REQUEST.— 

‘‘(A) IN GENERAL.—In response to a request under this 

section that a drug described in subparagraph (B) be generally recognized as safe and effective, the Secretary— 

‘‘(i) may file such request, if the request includes 

information specified under subparagraph (C) with 

respect to safe nonprescription marketing and use of 

such drug; or 

‘‘(ii) if the request fails to include information 

specified under subparagraph (C), shall refuse to file 

such request and require that nonprescription marketing of the drug be pursuant to a new drug application as described in subparagraph (D). 

‘‘(B) DRUG DESCRIBED.—A drug described in this 

subparagraph is a nonprescription drug which contains 

an active ingredient not previously incorporated in a drug— 

‘‘(i) specified in subsection (a)(1), (a)(2), or (a)(3); 

‘‘(ii) subject to a final order under this section; 

or 

‘‘(iii) subject to a final sunscreen order (as defined 

in section 586(2)(A)). 

‘‘(C) INFORMATION DEMONSTRATING PRIMA FACIE SAFE

NONPRESCRIPTION MARKETING AND USE.—Information specified in this subparagraph, with respect to a request 

described in subparagraph (A)(i), is— 

‘‘(i) information sufficient for a prima facie demonstration that the drug subject to such request has 

a verifiable history of being marketed and safely used 

by consumers in the United States as a nonprescription 

drug under comparable conditions of use; 

‘‘(ii) if the drug has not been previously marketed 

in the United States as a nonprescription drug, 

information sufficient for a prima facie demonstration 

that the drug was marketed and safely used under 

comparable conditions of marketing and use in a 

country listed in section 802(b)(1)(A) or designated by 

the Secretary in accordance with section 802(b)(1)(B)— 

‘‘(I) for such period as needed to provide 

reasonable assurances concerning the safe nonprescription use of the drug; and 

‘‘(II) during such time was subject to sufficient 

monitoring by a regulatory body considered acceptable by the Secretary for such monitoring purposes, 

including for adverse events associated with nonprescription use of the drug; or 

‘‘(iii) if the Secretary determines that information 

described in clause (i) or (ii) is not needed to provide 

a prima facie demonstration that the drug can be safely 

marketed and used as a nonprescription drug, such 

other information the Secretary determines is sufficient 

for such purposes. 

‘‘(D) MARKETING PURSUANT TO NEW DRUG APPLICA- TION.—In the case of a request described in subparagraph 

(A)(ii), the drug subject to such request may be resubmitted 

for filing only if— 
H. R. 748—167 

‘‘(i) the drug is marketed as a nonprescription drug, 

under conditions of use comparable to the conditions 

specified in the request, for such period as the Secretary determines appropriate (not to exceed 5 consecutive years) pursuant to an application approved under 

section 505; and 

‘‘(ii) during such period, 1,000,000 retail packages 

of the drug, or an equivalent quantity as determined 

by the Secretary, were distributed for retail sale, as 

determined in such manner as the Secretary finds 

appropriate. 

‘‘(E) RULE OF APPLICATION.—Except in the case of a 

request involving a drug described in section 586(9), as 

in effect on January 1, 2017, if the Secretary refuses to 

file a request under this paragraph, the requestor may 

not file such request over protest under paragraph 

(5)(A)(iii). 

‘‘(7) PACKAGING.—An administrative order issued under 

paragraph (2), (4)(A), or (5) may include requirements for the 

packaging of a drug to encourage use in accordance with 

labeling. Such requirements may include unit dose packaging, 

requirements for products intended for use by pediatric populations, requirements to reduce risk of harm from unsupervised 

ingestion, and other appropriate requirements. This paragraph 

does not authorize the Food and Drug Administration to require 

standards or testing procedures as described in part 1700 of 

title 16, Code of Federal Regulations. 

‘‘(8) FINAL AND TENTATIVE FINAL MONOGRAPHS FOR CATEGORY I DRUGS DEEMED FINAL ADMINISTRATIVE ORDERS.— 

‘‘(A) IN GENERAL.—A final monograph or tentative final 

monograph described in subparagraph (B) shall be deemed 

to be a final administrative order under this subsection 

and may be amended, revoked, or otherwise modified in 

accordance with the procedures of this subsection. 

‘‘(B) MONOGRAPHS DESCRIBED.—For purposes of 

subparagraph (A), a final monograph or tentative final 

monograph is described in this subparagraph if it— 

‘‘(i) establishes conditions of use for a drug 

described in paragraph (1) or (2) of subsection (a); 

and 

‘‘(ii) represents the most recently promulgated 

version of such conditions, including as modified, in 

whole or in part, by any proposed or final rule. 

‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING TECHNICAL

AMENDMENTS.—The deemed establishment of a final 

administrative order under subparagraph (A) shall be construed to include any technical amendments to such order 

as the Secretary determines necessary to ensure that such 

order is appropriately harmonized, in terms of terminology 

or cross-references, with the applicable provisions of this 

Act (and regulations thereunder) and any other orders 

issued under this section. 

‘‘(c) PROCEDURE FOR MINOR CHANGES.— 

‘‘(1) IN GENERAL.—Minor changes in the dosage form of 

a drug that is described in paragraph (1) or (2) of subsection 

(a) or the subject of an order issued under subsection (b) may 
H. R. 748—168 

be made by a requestor without the issuance of an order under 

subsection (b) if— 

‘‘(A) the requestor maintains such information as is 

necessary to demonstrate that the change— 

‘‘(i) will not affect the safety or effectiveness of 

the drug; and 

‘‘(ii) will not materially affect the extent of absorption or other exposure to the active ingredient in 

comparison to a suitable reference product; and 

‘‘(B) the change is in conformity with the requirements 

of an applicable administrative order issued by the Secretary under paragraph (3). 

‘‘(2) ADDITIONAL INFORMATION.— 

‘‘(A) ACCESS TO RECORDS.—A sponsor shall submit 

records requested by the Secretary relating to such a minor 

change under section 704(a)(4), within 15 business days 

of receiving such a request, or such longer period as the 

Secretary may provide. 

‘‘(B) INSUFFICIENT INFORMATION.—If the Secretary 

determines that the information contained in such records 

is not sufficient to demonstrate that the change does not 

affect the safety or effectiveness of the drug or materially 

affect the extent of absorption or other exposure to the 

active ingredient, the Secretary— 

‘‘(i) may so inform the sponsor of the drug in 

writing; and 

‘‘(ii) if the Secretary so informs the sponsor, shall 

provide the sponsor of the drug with a reasonable 

opportunity to provide additional information. 

‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFORMATION.— 

If the sponsor fails to provide such additional information 

within a time prescribed by the Secretary, or if the Secretary determines that such additional information does 

not demonstrate that the change does not— 

‘‘(i) affect the safety or effectiveness of the drug; 

or 

‘‘(ii) materially affect the extent of absorption or 

other exposure to the active ingredient in comparison 

to a suitable reference product, 

the drug as modified is a new drug under section 201(p) 

and shall be deemed to be misbranded under section 

502(ee). 

‘‘(3) DETERMINING WHETHER A CHANGE WILL AFFECT SAFETY

OR EFFECTIVENESS.— 

‘‘(A) IN GENERAL.—The Secretary shall issue one or 

more administrative orders specifying requirements for 

determining whether a minor change made by a sponsor 

pursuant to this subsection will affect the safety or 

effectiveness of a drug or materially affect the extent of 

absorption or other exposure to an active ingredient in 

the drug in comparison to a suitable reference product, 

together with guidance for applying those orders to specific 

dosage forms. 

‘‘(B) STANDARD PRACTICES.—The orders and guidance 

issued by the Secretary under subparagraph (A) shall take 

into account relevant public standards and standard practices for evaluating the quality of drugs, and may take 
H. R. 748—169 

into account the special needs of populations, including 

children. 

‘‘(d) CONFIDENTIALITY OF INFORMATION SUBMITTED TO THE SECRETARY.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), any information, including reports of testing conducted on the drug or 

drugs involved, that is submitted by a requestor in connection 

with proceedings on an order under this section (including 

any minor change under subsection (c)) and is a trade secret 

or confidential information subject to section 552(b)(4) of title 

5, United States Code, or section 1905 of title 18, United 

States Code, shall not be disclosed to the public unless the 

requestor consents to that disclosure. 

‘‘(2) PUBLIC AVAILABILITY.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Secretary shall— 

‘‘(i) make any information submitted by a requestor 

in support of a request under subsection (b)(5)(A) available to the public not later than the date on which 

the proposed order is issued; and 

‘‘(ii) make any information submitted by any other 

person with respect to an order requested (or initiated 

by the Secretary) under subsection (b), available to 

the public upon such submission. 

‘‘(B) LIMITATIONS ON PUBLIC AVAILABILITY.—Information described in subparagraph (A) shall not be made public 

if— 

‘‘(i) the information pertains to pharmaceutical 

quality information, unless such information is necessary to establish standards under which a drug is 

generally recognized as safe and effective under section 

201(p)(1); 

‘‘(ii) the information is submitted in a requestorinitiated request, but the requestor withdraws such 

request, in accordance with withdrawal procedures 

established by the Secretary, before the Secretary 

issues the proposed order; 

‘‘(iii) the Secretary requests and obtains the 

information under subsection (c) and such information 

is not submitted in relation to an order under subsection (b); or 

‘‘(iv) the information is of the type contained in 

raw datasets. 

‘‘(e) UPDATES TO DRUG LISTING INFORMATION.—A sponsor who 

makes a change to a drug subject to this section shall submit 

updated drug listing information for the drug in accordance with 

section 510(j) within 30 calendar days of the date when the drug 

is first commercially marketed, except that a sponsor who was 

the order requestor with respect to an order subject to subsection 

(b)(5)(C) (or a licensee, assignee, or successor in interest of such 

requestor) shall submit updated drug listing information on or 

before the date when the drug is first commercially marketed. 

‘‘(f) APPROVALS UNDER SECTION 505.—The provisions of this 

section shall not be construed to preclude a person from seeking 

or maintaining the approval of an application for a drug under 

sections 505(b)(1), 505(b)(2), and 505(j). A determination under this 

section that a drug is not subject to section 503(b)(1), is generally 
H. R. 748—170 

recognized as safe and effective under section 201(p)(1), and is 

not a new drug under section 201(p) shall constitute a finding 

that the drug is safe and effective that may be relied upon for 

purposes of an application under section 505(b)(2), so that the 

applicant shall be required to submit for purposes of such application only information needed to support any modification of the 

drug that is not covered by such determination under this section. 

‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRATIVE ORDERS.—The 

Secretary shall establish, maintain, update (as determined necessary by the Secretary but no less frequently than annually), 

and make publicly available, with respect to orders issued under 

this section— 

‘‘(1) a repository of each final order and interim final order 

in effect, including the complete text of the order; and 

‘‘(2) a listing of all orders proposed and under development 

under subsection (b)(2), including— 

‘‘(A) a brief description of each such order; and 

‘‘(B) the Secretary’s expectations, if resources permit, 

for issuance of proposed orders over a 3-year period. 

‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR REQUESTORS.— 

The Secretary shall establish procedures under which sponsors 

or requestors may meet with appropriate officials of the Food and 

Drug Administration to obtain advice on the studies and other 

information necessary to support submissions under this section 

and other matters relevant to the regulation of nonprescription 

drugs and the development of new nonprescription drugs under 

this section. 

‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS OR REQUESTORS.— 

The Secretary shall establish procedures to facilitate efficient 

participation by multiple sponsors or requestors in proceedings 

under this section, including provision for joint meetings with multiple sponsors or requestors or with organizations nominated by 

sponsors or requestors to represent their interests in a proceeding. 

‘‘(j) ELECTRONIC FORMAT.—All submissions under this section 

shall be in electronic format. 

‘‘(k) EFFECT ON EXISTING REGULATIONS GOVERNING NON- PRESCRIPTION DRUGS.— ‘‘(1) REGULATIONS OF GENERAL APPLICABILITY TO NONPRESCRIPTION DRUGS.—Except as provided in this subsection, 

nothing in this section supersedes regulations establishing general requirements for nonprescription drugs, including regulations of general applicability contained in parts 201, 250, and 

330 of title 21, Code of Federal Regulations, or any successor 

regulations. The Secretary shall establish or modify such regulations by means of rulemaking in accordance with section 

553 of title 5, United States Code. 

‘‘(2) REGULATIONS ESTABLISHING REQUIREMENTS FOR SPE- CIFIC NONPRESCRIPTION DRUGS.— ‘‘(A) The provisions of section 310.545 of title 21, Code 

of Federal Regulations, as in effect on the day before the 

date of the enactment of this section, shall be deemed 

to be a final order under subsection (b). 

‘‘(B) Regulations in effect on the day before the date 

of the enactment of this section, establishing requirements 

for specific nonprescription drugs marketed pursuant to 

this section (including such requirements in parts 201 and 

250 of title 21, Code of Federal Regulations), shall be 
H. R. 748—171 

deemed to be final orders under subsection (b), only as 

they apply to drugs— 

‘‘(i) subject to paragraph (1), (2), (3), or (4) of 

subsection (a); or 

‘‘(ii) otherwise subject to an order under this section. 

‘‘(3) WITHDRAWAL OF REGULATIONS.—The Secretary shall 

withdraw regulations establishing final monographs and the 

procedures governing the over-the-counter drug review under 

part 330 and other relevant parts of title 21, Code of Federal 

Regulations (as in effect on the day before the date of the 

enactment of this section), or make technical changes to such 

regulations to ensure conformity with appropriate terminology 

and cross references. Notwithstanding subchapter II of chapter 

5 of title 5, United States Code, any such withdrawal or technical changes shall be made without public notice and comment 

and shall be effective upon publication through notice in the 

Federal Register (or upon such date as specified in such notice). 

‘‘(l) GUIDANCE.—The Secretary shall issue guidance that specifies— 

‘‘(1) the procedures and principles for formal meetings 

between the Secretary and sponsors or requestors for drugs 

subject to this section; 

‘‘(2) the format and content of data submissions to the 

Secretary under this section; 

‘‘(3) the format of electronic submissions to the Secretary 

under this section; 

‘‘(4) consolidated proceedings for appeal and the procedures 

for such proceedings where appropriate; and 

‘‘(5) for minor changes in drugs, recommendations on how 

to comply with the requirements in orders issued under subsection (c)(3). 

‘‘(m) RULE OF CONSTRUCTION.— 

‘‘(1) IN GENERAL.—This section shall not affect the treatment or status of a nonprescription drug— 

‘‘(A) that is marketed without an application approved 

under section 505 as of the date of the enactment of this 

section; 

‘‘(B) that is not subject to an order issued under this 

section; and 

‘‘(C) to which paragraph (1), (2), (3), (4), or (5) of 

subsection (a) do not apply. 

‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY FOUND TO BE

SUBJECT TO TIME AND EXTENT REQUIREMENTS.— 

‘‘(A) Notwithstanding subsection (a), a drug described 

in subparagraph (B) may only be lawfully marketed, without an application approved under section 505, pursuant 

to an order issued under this section. 

‘‘(B) A drug described in this subparagraph is a drug 

which, prior to the date of the enactment of this section, 

the Secretary determined in a proposed or final rule to 

be ineligible for review under the OTC drug review (as 

such phrase ‘OTC drug review’ was used in section 330.14 

of title 21, Code of Federal Regulations, as in effect on 

the day before the date of the enactment of this section). 

‘‘(3) PRESERVATION OF AUTHORITY.— 
H. R. 748—172 

‘‘(A) Nothing in paragraph (1) shall be construed to 

preclude or limit the applicability of any provision of this 

Act other than this section. 

‘‘(B) Nothing in subsection (a) shall be construed to 

prohibit the Secretary from issuing an order under this 

section finding a drug to be not generally recognized as 

safe and effective under section 201(p)(1), as the Secretary 

determines appropriate. 

‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is not subject to 

this section if an exemption for investigational use under section 

505(i) is in effect for such drug. 

‘‘(o) INAPPLICABILITY OF PAPERWORK REDUCTION ACT.—Chapter 

35 of title 44, United States Code, shall not apply to collections 

of information made under this section. 

‘‘(p) INAPPLICABILITY OF NOTICE AND COMMENT RULEMAKING

AND OTHER REQUIREMENTS.—The requirements of subsection (b) 

shall apply with respect to orders issued under this section instead 

of the requirements of subchapter II of chapter 5 of title 5, United 

States Code. 

‘‘(q) DEFINITIONS.—In this section: 

‘‘(1) The term ‘nonprescription drug’ refers to a drug not 

subject to the requirements of section 503(b)(1). 

‘‘(2) The term ‘sponsor’ refers to any person marketing, 

manufacturing, or processing a drug that— 

‘‘(A) is listed pursuant to section 510(j); and 

‘‘(B) is or will be subject to an administrative order 

under this section of the Food and Drug Administration. 

‘‘(3) The term ‘requestor’ refers to any person or group 

of persons marketing, manufacturing, processing, or developing 

a drug.’’. 

(b) GAO STUDY.—Not later than 4 years after the date of 

enactment of this Act, the Comptroller General of the United States 

shall submit a study to the Committee on Energy and Commerce 

of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate addressing the 

effectiveness and overall impact of exclusivity under section 505G 

of the Federal Food, Drug, and Cosmetic Act, as added by subsection 

(a), and section 586C of such Act (21 U.S.C. 360fff–3), including 

the impact of such exclusivity on consumer access. Such study 

shall include— 

(1) an analysis of the impact of exclusivity under such 

section 505G for nonprescription drug products, including— 

(A) the number of nonprescription drug products that 

were granted exclusivity and the indication for which the 

nonprescription drug products were determined to be generally recognized as safe and effective; 

(B) whether the exclusivity for such drug products 

was granted for— 

(i) a new active ingredient (including any ester 

or salt of the active ingredient); or 

(ii) changes in the conditions of use of a drug, 

for which new human data studies conducted or sponsored by the requestor were essential; 

(C) whether, and to what extent, the exclusivity 

impacted the requestor’s or sponsor’s decision to develop 

the drug product; 
H. R. 748—173 

(D) an analysis of the implementation of the exclusivity 

provision in such section 505G, including— 

(i) the resources used by the Food and Drug 

Administration; 

(ii) the impact of such provision on innovation, 

as well as research and development in the nonprescription drug market; 

(iii) the impact of such provision on competition 

in the nonprescription drug market; 

(iv) the impact of such provision on consumer 

access to nonprescription drug products; 

(v) the impact of such provision on the prices of 

nonprescription drug products; and 

(vi) whether the administrative orders initiated 

by requestors under such section 505G have been sufficient to encourage the development of nonprescription 

drug products that would likely not be otherwise developed, or developed in as timely a manner; and 

(E) whether the administrative orders initiated by requestors under such section 505G have been sufficient 

incentive to encourage innovation in the nonprescription 

drug market; and 

(2) an analysis of the impact of exclusivity under such 

section 586C for sunscreen ingredients, including— 

(A) the number of sunscreen ingredients that were 

granted exclusivity and the specific ingredient that was 

determined to be generally recognized as safe and effective; 

(B) whether, and to what extent, the exclusivity 

impacted the requestor’s or sponsor’s decision to develop 

the sunscreen ingredient; 

(C) whether, and to what extent, the sunscreen ingredient granted exclusivity had previously been available 

outside of the United States; 

(D) an analysis of the implementation of the exclusivity 

provision in such section 586C, including— 

(i) the resources used by the Food and Drug 

Administration; 

(ii) the impact of such provision on innovation, 

as well as research and development in the sunscreen 

market; 

(iii) the impact of such provision on competition 

in the sunscreen market; 

(iv) the impact of such provision on consumer 

access to sunscreen products; 

(v) the impact of such provision on the prices of 

sunscreen products; and 

(vi) whether the administrative orders initiated 

by requestors under such section 505G have been utilized by sunscreen ingredient sponsors and whether 

such process has been sufficient to encourage the 

development of sunscreen ingredients that would likely 

not be otherwise developed, or developed in as timely 

a manner; and 

(E) whether the administrative orders initiated by requestors under such section 586C have been sufficient 

incentive to encourage innovation in the sunscreen market. 
H. R. 748—174 

(c) CONFORMING AMENDMENT.—Section 751(d)(1) of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended— 

(1) in the matter preceding subparagraph (A)— 

(A) by striking ‘‘final regulation promulgated’’ and 

inserting ‘‘final order under section 505G’’; and 

(B) by striking ‘‘and not misbranded’’; and 

(2) in subparagraph (A), by striking ‘‘regulation in effect’’ 

and inserting ‘‘regulation or order in effect’’. 

SEC. 3852. MISBRANDING. 

Section 502 of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 352) is amended by adding at the end the following: 

‘‘(ee) If it is a nonprescription drug that is subject to section 

505G, is not the subject of an application approved under section 

505, and does not comply with the requirements under section 

505G. 

‘‘(ff) If it is a drug and it was manufactured, prepared, propagated, compounded, or processed in a facility for which fees have 

not been paid as required by section 744M.’’. 

SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE-COUNTER DRUG 

REVIEW. 

(a) IN GENERAL.—Nothing in this Act (or the amendments 

made by this Act) shall apply to any nonprescription drug (as 

defined in section 505G(q) of the Federal Food, Drug, and Cosmetic 

Act, as added by section 3851 of this subtitle) which was excluded 

by the Food and Drug Administration from the Over-the-Counter 

Drug Review in accordance with the paragraph numbered 25 on 

page 9466 of volume 37 of the Federal Register, published on 

May 11, 1972. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preclude or limit the applicability of any other provision 

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 

seq.). 

SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT. 

(a) REVIEW OF NONPRESCRIPTION SUNSCREEN ACTIVE INGREDIENTS.— 

(1) APPLICABILITY OF SECTION 505G FOR PENDING SUBMISSIONS.— 

(A) IN GENERAL.—A sponsor of a nonprescription sunscreen active ingredient or combination of nonprescription 

sunscreen active ingredients that, as of the date of enactment of this Act, is subject to a proposed sunscreen order 

under section 586C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–3) may elect, by means of 

giving written notification to the Secretary of Health and 

Human Services within 180 calendar days of the enactment 

of this Act, to transition into the review of such ingredient 

or combination of ingredients pursuant to the process set 

out in section 505G of the Federal Food, Drug, and Cosmetic Act, as added by section 3851 of this subtitle. 

(B) ELECTION EXERCISED.—Upon receipt by the Secretary of Health and Human Services of a timely notification under subparagraph (A)— 

(i) the proposed sunscreen order involved is 

deemed to be a request for an order under subsection 

(b) of section 505G of the Federal Food, Drug, and 
H. R. 748—175 

Cosmetic Act, as added by section 3851 of this subtitle; 

and 

(ii) such order is deemed to have been accepted 

for filing under subsection (b)(6)(A)(i) of such section 

505G. 

(C) ELECTION NOT EXERCISED.—If a notification under 

subparagraph (A) is not received by the Secretary of Health 

and Human Services within 180 calendar days of the date 

of enactment of this Act, the review of the proposed sunscreen order described in subparagraph (A)— 

(i) shall continue under section 586C of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–3); 

and 

(ii) shall not be eligible for review under section 

505G, added by section 3851 of this subtitle. 

(2) DEFINITIONS.—In this subsection, the terms ‘‘sponsor’’, 

‘‘nonprescription’’, ‘‘sunscreen active ingredient’’, and ‘‘proposed 

sunscreen order’’ have the meanings given to those terms in 

section 586 of the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 360fff). 

(b) AMENDMENTS TO SUNSCREEN PROVISIONS.— 

(1) FINAL SUNSCREEN ORDERS.—Paragraph (3) of section 

586C(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

360fff–3(e)) is amended to read as follows: 

‘‘(3) RELATIONSHIP TO ORDERS UNDER SECTION 505G.—A final 

sunscreen order shall be deemed to be a final order under 

section 505G.’’. 

(2) MEETINGS.—Paragraph (7) of section 586C(b) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–3(b)) 

is amended— 

(A) by striking ‘‘A sponsor may request’’ and inserting 

the following: 

‘‘(A) IN GENERAL.—A sponsor may request’’; and 

(B) by adding at the end the following: 

‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor may request 

one or more confidential meetings with respect to a proposed sunscreen order, including a letter deemed to be 

a proposed sunscreen order under paragraph (3), to discuss 

matters relating to data requirements to support a general 

recognition of safety and effectiveness involving confidential 

information and public information related to such proposed sunscreen order, as appropriate. The Secretary shall 

convene a confidential meeting with such sponsor in a 

reasonable time period. If a sponsor requests more than 

one confidential meeting for the same proposed sunscreen 

order, the Secretary may refuse to grant an additional 

confidential meeting request if the Secretary determines 

that such additional confidential meeting is not reasonably 

necessary for the sponsor to advance its proposed sunscreen 

order, or if the request for a confidential meeting fails 

to include sufficient information upon which to base a 

substantive discussion. The Secretary shall publish a postmeeting summary of each confidential meeting under this 

subparagraph that does not disclose confidential commercial information or trade secrets. This subparagraph does 

not authorize the disclosure of confidential commercial 

information or trade secrets subject to 552(b)(4) of title 
H. R. 748—176 

5, United States Code, or section 1905 of title 18, United 

States Code.’’. 

(3) EXCLUSIVITY.—Section 586C of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 360fff–3) is amended by adding 

at the end the following: 

‘‘(f) EXCLUSIVITY.— 

‘‘(1) IN GENERAL.—A final sunscreen order shall have the 

effect of authorizing solely the order requestor (or the licensees, 

assignees, or successors in interest of such requestor with 

respect to the subject of such request and listed under paragraph (5)) for a period of 18 months, to market a sunscreen 

ingredient under this section incorporating changes described 

in paragraph (2) subject to the limitations under paragraph 

(4), beginning on the date the requestor (or any licensees, 

assignees, or successors in interest of such requestor with 

respect to the subject of such request and listed under paragraph (5)) may lawfully market such sunscreen ingredient 

pursuant to the order. 

‘‘(2) CHANGES DESCRIBED.—A change described in this paragraph is a change subject to an order specified in paragraph 

(1) that permits a sunscreen to contain an active sunscreen 

ingredient not previously incorporated in a marketed sunscreen 

listed in paragraph (3). 

‘‘(3) MARKETED SUNSCREEN.—The marketed sunscreen 

ingredients described in this paragraph are sunscreen ingredients— 

‘‘(A) marketed in accordance with a final monograph 

for sunscreen drug products set forth at part 352 of title 

21, Code of Federal Regulations (as published at 64 Fed. 

Reg. 27687); or 

‘‘(B) marketed in accordance with a final order issued 

under this section. 

‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only one 18-month 

period may be granted per ingredient under paragraph (1). 

‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR SUCCESSORS IN

INTEREST.—Requestors shall submit to the Secretary at the 

time when a drug subject to such request is introduced or 

delivered for introduction into interstate commerce, a list of 

licensees, assignees, or successors in interest under paragraph 

(1).’’. 

(4) SUNSET PROVISION.—Subchapter I of chapter V of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 586H. SUNSET. 

‘‘This subchapter shall cease to be effective at the end of fiscal 

year 2022.’’. 

(5) TREATMENT OF FINAL SUNSCREEN ORDER.—The Federal 

Food, Drug, and Cosmetic Act is amended by striking section 

586E of such Act (21 U.S.C. 360fff–5). 

(c) TREATMENT OF AUTHORITY REGARDING FINALIZATION OF

SUNSCREEN MONOGRAPH.— 

(1) IN GENERAL.— 

(A) REVISION OF FINAL SUNSCREEN ORDER.—The Secretary of Health and Human Services (referred to in this 

subsection as the ‘‘Secretary’’) shall amend and revise the 
H. R. 748—177 

final administrative order concerning nonprescription sunscreen (referred to in this subsection as the ‘‘sunscreen 

order’’) for which the content, prior to the date of enactment 

of this Act, was represented by the final monograph for 

sunscreen drug products set forth in part 352 of title 21, 

Code of Federal Regulations (as in effect on May 21, 1999). 

(B) ISSUANCE OF REVISED SUNSCREEN ORDER; EFFECTIVE

DATE.—A revised sunscreen order described in subparagraph (A) shall be— 

(i) issued in accordance with the procedures 

described in section 505G(b)(2) of the Federal Food, 

Drug, and Cosmetic Act; 

(ii) issued in proposed form not later than 18 

months after the date of enactment of this Act; and 

(iii) issued by the Secretary at least 1 year prior 

to the effective date of the revised order. 

(2) REPORTS.—If a revised sunscreen order issued under 

paragraph (1) does not include provisions related to the 

effectiveness of various sun protection factor levels, and does 

not address all dosage forms known to the Secretary to be 

used in sunscreens marketed in the United States without 

a new drug application approved under section 505 of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), the 

Secretary shall submit a report to the Committee on Energy 

and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate 

on the rationale for omission of such provisions from such 

order, and a plan and timeline to compile any information 

necessary to address such provisions through such order. 

(d) TREATMENT OF NON-SUNSCREEN TIME AND EXTENT APPLICATIONS.— 

(1) IN GENERAL.—Any application described in section 586F 

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff– 

6) that was submitted to the Secretary pursuant to section 

330.14 of title 21, Code of Federal Regulations, as such provisions were in effect immediately prior to the date of enactment 

date of this Act, shall be extinguished as of such date of 

enactment, subject to paragraph (2). 

(2) ORDER REQUEST.—Nothing in paragraph (1) precludes 

the submission of an order request under section 505G(b) of 

the Federal Food, Drug, and Cosmetic Act, as added by section 

3851 of this subtitle, with respect to a drug that was the 

subject of an application extinguished under paragraph (1). 

SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPROPRIATE PEDIATRIC INDICATION FOR CERTAIN OTC COUGH AND COLD 

DRUGS. 

(a) IN GENERAL.—Subject to subsection (c), the Secretary of 

Health and Human Services shall, beginning not later than 1 year 

after the date of enactment of this Act, annually submit to the 

Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions 

of the Senate a letter describing the progress of the Food and 

Drug Administration— 

(1) in evaluating the cough and cold monograph described 

in subsection (b) with respect to children under age 6; and 
H. R. 748—178 

(2) as appropriate, revising such cough and cold monograph 

to address such children through the order process under section 505G(b) of the Federal Food, Drug, and Cosmetic Act, 

as added by section 3851 of this subtitle. 

(b) COUGH AND COLD MONOGRAPH DESCRIBED.—The cough and 

cold monograph described in this subsection consists of the conditions under which nonprescription drugs containing antitussive, 

expectorant, nasal decongestant, or antihistamine active ingredients 

(or combinations thereof) are generally recognized as safe and effective, as specified in part 341 of title 21, Code of Federal Regulations 

(as in effect immediately prior to the date of enactment of this 

Act), and included in an order deemed to be established under 

section 505G(b) of the Federal Food, Drug, and Cosmetic Act, as 

added by section 3851 of this subtitle. 

(c) DURATION OF AUTHORITY.—The requirement under subsection (a) shall terminate as of the date of a letter submitted 

by the Secretary of Health and Human Services pursuant to such 

subsection in which the Secretary indicates that the Food and 

Drug Administration has completed its evaluation and revised, 

in a final order, as applicable, the cough and cold monograph 

as described in subsection (a)(2). 

SEC. 3856. TECHNICAL CORRECTIONS. 

(a) IMPORTS AND EXPORTS.—Section 801(e)(4)(E)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is 

amended by striking ‘‘subparagraph’’ each place such term appears 

and inserting ‘‘paragraph’’. 

(b) FDA REAUTHORIZATION ACT OF 2017.— 

(1) IN GENERAL.—Section 905(b)(4) of the FDA Reauthorization Act of 2017 (Public Law 115–52) is amended by striking 

‘‘Section 744H(e)(2)(B)’’ and inserting ‘‘Section 744H(f)(2)(B)’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect as of the enactment of the FDA Reauthorization Act of 2017 (Public Law 115–52). 

PART II—USER FEES 

SEC. 3861. FINDING. 

The Congress finds that the fees authorized by the amendments 

made in this part will be dedicated to OTC monograph drug activities, as set forth in the goals identified for purposes of part 10 

of subchapter C of chapter VII of the Federal Food, Drug, and 

Cosmetic Act, in the letters from the Secretary of Health and 

Human Services to the Chairman of the Committee on Health, 

Education, Labor, and Pensions of the Senate and the Chairman 

of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. 

SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS. 

Subchapter C of chapter VII of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 379f et seq.) is amended by inserting 

after part 9 the following: 
H. R. 748—179 

‘‘PART 10—FEES RELATING TO OVER-THECOUNTER DRUGS 

‘‘SEC. 744L. DEFINITIONS. 

‘‘In this part: 

‘‘(1) The term ‘affiliate’ means a business entity that has 

a relationship with a second business entity if, directly or 

indirectly— 

‘‘(A) one business entity controls, or has the power 

to control, the other business entity; or 

‘‘(B) a third party controls, or has power to control, 

both of the business entities. 

‘‘(2) The term ‘contract manufacturing organization facility’ 

means an OTC monograph drug facility where neither the 

owner of such manufacturing facility nor any affiliate of such 

owner or facility sells the OTC monograph drug produced at 

such facility directly to wholesalers, retailers, or consumers 

in the United States. 

‘‘(3) The term ‘costs of resources allocated for OTC monograph drug activities’ means the expenses in connection with 

OTC monograph drug activities for— 

‘‘(A) officers and employees of the Food and Drug 

Administration, contractors of the Food and Drug Administration, advisory committees, and costs related to such 

officers, employees, and committees and costs related to 

contracts with such contractors; 

‘‘(B) management of information, and the acquisition, 

maintenance, and repair of computer resources; 

‘‘(C) leasing, maintenance, renovation, and repair of 

facilities and acquisition, maintenance, and repair of fixtures, furniture, scientific equipment, and other necessary 

materials and supplies; and 

‘‘(D) collecting fees under section 744M and accounting 

for resources allocated for OTC monograph drug activities. 

‘‘(4) The term ‘FDA establishment identifier’ is the unique 

number automatically generated by Food and Drug Administration’s Field Accomplishments and Compliance Tracking System 

(FACTS) (or any successor system). 

‘‘(5) The term ‘OTC monograph drug’ means a nonprescription drug without an approved new drug application which 

is governed by the provisions of section 505G. 

‘‘(6) The term ‘OTC monograph drug activities’ means 

activities of the Secretary associated with OTC monograph 

drugs and inspection of facilities associated with such products, 

including the following activities: 

‘‘(A) The activities necessary for review and evaluation 

of OTC monographs and OTC monograph order requests, 

including— 

‘‘(i) orders proposing or finalizing applicable conditions of use for OTC monograph drugs; 

‘‘(ii) orders affecting status regarding general recognition of safety and effectiveness of an OTC monograph ingredient or combination of ingredients under 

specified conditions of use; 

‘‘(iii) all OTC monograph drug development and 

review activities, including intra-agency collaboration; 
H. R. 748—180 

‘‘(iv) regulation and policy development activities 

related to OTC monograph drugs; 

‘‘(v) development of product standards for products 

subject to review and evaluation; 

‘‘(vi) meetings referred to in section 505G(i); 

‘‘(vii) review of labeling prior to issuance of orders 

related to OTC monograph drugs or conditions of use; 

and 

‘‘(viii) regulatory science activities related to OTC 

monograph drugs. 

‘‘(B) Inspections related to OTC monograph drugs. 

‘‘(C) Monitoring of clinical and other research conducted in connection with OTC monograph drugs. 

‘‘(D) Safety activities with respect to OTC monograph 

drugs, including— 

‘‘(i) collecting, developing, and reviewing safety 

information on OTC monograph drugs, including 

adverse event reports; 

‘‘(ii) developing and using improved adverse event 

data-collection systems, including information technology systems; and 

‘‘(iii) developing and using improved analytical 

tools to assess potential safety risks, including access 

to external databases. 

‘‘(E) Other activities necessary for implementation of 

section 505G. 

‘‘(7) The term ‘OTC monograph order request’ means a 

request for an order submitted under section 505G(b)(5). 

‘‘(8) The term ‘Tier 1 OTC monograph order request’ means 

any OTC monograph order request not determined to be a 

Tier 2 OTC monograph order request. 

‘‘(9)(A) The term ‘Tier 2 OTC monograph order request’ 

means, subject to subparagraph (B), an OTC monograph order 

request for— 

‘‘(i) the reordering of existing information in the drug 

facts label of an OTC monograph drug; 

‘‘(ii) the addition of information to the other information section of the drug facts label of an OTC monograph 

drug, as limited by section 201.66(c)(7) of title 21, Code 

of Federal Regulations (or any successor regulations); 

‘‘(iii) modification to the directions for use section of 

the drug facts label of an OTC monograph drug, if such 

changes conform to changes made pursuant to section 

505G(c)(3)(A); 

‘‘(iv) the standardization of the concentration or dose 

of a specific finalized ingredient within a particular finalized monograph; 

‘‘(v) a change to ingredient nomenclature to align with 

nomenclature of a standards-setting organization; or 

‘‘(vi) addition of an interchangeable term in accordance 

with section 330.1 of title 21, Code of Federal Regulations 

(or any successor regulations). 

‘‘(B) The Secretary may, based on program implementation 

experience or other factors found appropriate by the Secretary, 

characterize any OTC monograph order request as a Tier 2 

OTC monograph order request (including recharacterizing a 
H. R. 748—181 

request from Tier 1 to Tier 2) and publish such determination 

in a proposed order issued pursuant to section 505G. 

‘‘(10)(A) The term ‘OTC monograph drug facility’ means 

a foreign or domestic business or other entity that— 

‘‘(i) is— 

‘‘(I) under one management, either direct or 

indirect; and 

‘‘(II) at one geographic location or address engaged 

in manufacturing or processing the finished dosage 

form of an OTC monograph drug; 

‘‘(ii) includes a finished dosage form manufacturer 

facility in a contractual relationship with the sponsor of 

one or more OTC monograph drugs to manufacture or 

process such drugs; and 

‘‘(iii) does not include a business or other entity whose 

only manufacturing or processing activities are one or more 

of the following: production of clinical research supplies, 

testing, or placement of outer packaging on packages containing multiple products, for such purposes as creating 

multipacks, when each monograph drug product contained 

within the overpackaging is already in a final packaged 

form prior to placement in the outer overpackaging. 

‘‘(B) For purposes of subparagraph (A)(i)(II), separate 

buildings or locations within close proximity are considered 

to be at one geographic location or address if the activities 

conducted in such buildings or locations are— 

‘‘(i) closely related to the same business enterprise; 

‘‘(ii) under the supervision of the same local management; and 

‘‘(iii) under a single FDA establishment identifier and 

capable of being inspected by the Food and Drug Administration during a single inspection. 

‘‘(C) If a business or other entity would meet criteria specified in subparagraph (A), but for being under multiple management, the business or other entity is deemed to constitute 

multiple facilities, one per management entity, for purposes 

of this paragraph. 

‘‘(11) The term ‘OTC monograph drug meeting’ means any 

meeting regarding the content of a proposed OTC monograph 

order request. 

‘‘(12) The term ‘person’ includes an affiliate of a person. 

‘‘(13) The terms ‘requestor’ and ‘sponsor’ have the meanings 

given such terms in section 505G. 

‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONOGRAPH FEES. 

‘‘(a) TYPES OF FEES.—Beginning with fiscal year 2021, the 

Secretary shall assess and collect fees in accordance with this 

section as follows: 

‘‘(1) FACILITY FEE.— 

‘‘(A) IN GENERAL.—Each person that owns a facility 

identified as an OTC monograph drug facility on December 

31 of the fiscal year or at any time during the preceding 

12-month period shall be assessed an annual fee for each 

such facility as determined under subsection (c). 

‘‘(B) EXCEPTIONS.— 
H. R. 748—182 

‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A fee shall 

not be assessed under subparagraph (A) if the identified OTC monograph drug facility— 

‘‘(I) has ceased all activities related to OTC 

monograph drugs prior to December 31 of the year 

immediately preceding the applicable fiscal year; 

and 

‘‘(II) has updated its registration to reflect such 

change under the requirements for drug establishment registration set forth in section 510. 

‘‘(ii) CONTRACT MANUFACTURING ORGANIZATIONS.— 

The amount of the fee for a contract manufacturing 

organization facility shall be equal to two-thirds of 

the amount of the fee for an OTC monograph drug 

facility that is not a contract manufacturing organization facility. 

‘‘(C) AMOUNT.—The amount of fees established under 

subparagraph (A) shall be established under subsection 

(c). 

‘‘(D) DUE DATE.— 

‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal year 

2021, the facility fees required under subparagraph 

(A) shall be due on the later of— 

‘‘(I) the first business day of July of 2020; 

or 

‘‘(II) 45 calendar days after publication of the 

Federal Register notice provided for under subsection (c)(4)(A). 

‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each fiscal 

year after fiscal year 2021, the facility fees required 

under subparagraph (A) shall be due on the later of— 

‘‘(I) the first business day of June of such 

year; or 

‘‘(II) the first business day after the enactment 

of an appropriations Act providing for the collection 

and obligation of fees under this section for such 

year. 

‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— ‘‘(A) IN GENERAL.—Each person that submits an OTC 

monograph order request shall be subject to a fee for an 

OTC monograph order request. The amount of such fee 

shall be— 

‘‘(i) for a Tier 1 OTC monograph order request, 

$500,000, adjusted for inflation for the fiscal year (as 

determined under subsection (c)(1)(B)); and 

‘‘(ii) for a Tier 2 OTC monograph order request, 

$100,000, adjusted for inflation for the fiscal year (as 

determined under subsection (c)(1)(B)). 

‘‘(B) DUE DATE.—The OTC monograph order request 

fees required under subparagraph (A) shall be due on the 

date of submission of the OTC monograph order request. 

‘‘(C) EXCEPTION FOR CERTAIN SAFETY CHANGES.—A person who is named as the requestor in an OTC monograph 

order shall not be subject to a fee under subparagraph 

(A) if the Secretary finds that the OTC monograph order 

request seeks to change the drug facts labeling of an OTC 

monograph drug in a way that would add to or strengthen— 
H. R. 748—183 

‘‘(i) a contraindication, warning, or precaution; 

‘‘(ii) a statement about risk associated with misuse 

or abuse; or 

‘‘(iii) an instruction about dosage and administration that is intended to increase the safe use of the 

OTC monograph drug. 

‘‘(D) REFUND OF FEE IF ORDER REQUEST IS RECATEGORIZED AS A TIER 2 OTC MONOGRAPH ORDER REQUEST.— 

If the Secretary determines that an OTC monograph 

request initially characterized as Tier 1 shall be recharacterized as a Tier 2 OTC monograph order request, 

and the requestor has paid a Tier 1 fee in accordance 

with subparagraph (A)(i), the Secretary shall refund the 

requestor the difference between the Tier 1 and Tier 2 

fees determined under subparagraphs (A)(i) and (A)(ii), 

respectively. 

‘‘(E) REFUND OF FEE IF ORDER REQUEST REFUSED FOR

FILING OR WITHDRAWN BEFORE FILING.—The Secretary shall 

refund 75 percent of the fee paid under subparagraph 

(B) for any order request which is refused for filing or 

was withdrawn before being accepted or refused for filing. 

‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY REFUSED

FOR FILING OR WITHDRAWN BEFORE FILING.—An OTC monograph order request that was submitted but was refused 

for filing, or was withdrawn before being accepted or 

refused for filing, shall be subject to the full fee under 

subparagraph (A) upon being resubmitted or filed over 

protest. 

‘‘(G) REFUND OF FEE IF ORDER REQUEST WITHDRAWN.— 

If an order request is withdrawn after the order request 

was filed, the Secretary may refund the fee or a portion 

of the fee if no substantial work was performed on the 

order request after the application was filed. The Secretary 

shall have the sole discretion to refund a fee or a portion 

of the fee under this subparagraph. A determination by 

the Secretary concerning a refund under this subparagraph 

shall not be reviewable. 

‘‘(3) REFUNDS.— 

‘‘(A) IN GENERAL.—Other than refunds provided pursuant to any of subparagraphs (D) through (G) of paragraph 

(2), the Secretary shall not refund any fee paid under 

paragraph (1) except as provided in subparagraph (B). 

‘‘(B) DISPUTES CONCERNING FEES.—To qualify for the 

return of a fee claimed to have been paid in error under 

paragraph (1) or (2), a person shall submit to the Secretary 

a written request justifying such return within 180 calendar days after such fee was paid. 

‘‘(4) NOTICE.—Within the timeframe specified in subsection 

(c), the Secretary shall publish in the Federal Register the 

amount of the fees under paragraph (1) for such fiscal year. 

‘‘(b) FEE REVENUE AMOUNTS.— 

‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, fees under 

subsection (a)(1) shall be established to generate a total facility 

fee revenue amount equal to the sum of— 

‘‘(A) the annual base revenue for fiscal year 2021 (as 

determined under paragraph (3)); 
H. R. 748—184 

‘‘(B) the dollar amount equal to the operating reserve 

adjustment for the fiscal year, if applicable (as determined 

under subsection (c)(2)); and 

‘‘(C) additional direct cost adjustments (as determined 

under subsection (c)(3)). 

‘‘(2) SUBSEQUENT FISCAL YEARS.—For each of the fiscal 

years 2022 through 2025, fees under subsection (a)(1) shall 

be established to generate a total facility fee revenue amount 

equal to the sum of— 

‘‘(A) the annual base revenue for the fiscal year (as 

determined under paragraph (3)); 

‘‘(B) the dollar amount equal to the inflation adjustment for the fiscal year (as determined under subsection 

(c)(1)); 

‘‘(C) the dollar amount equal to the operating reserve 

adjustment for the fiscal year, if applicable (as determined 

under subsection (c)(2)); 

‘‘(D) additional direct cost adjustments (as determined 

under subsection (c)(3)); and 

‘‘(E) additional dollar amounts for each fiscal year as 

follows: 

‘‘(i) $7,000,000 for fiscal year 2022. 

‘‘(ii) $6,000,000 for fiscal year 2023. 

‘‘(iii) $7,000,000 for fiscal year 2024. 

‘‘(iv) $3,000,000 for fiscal year 2025. 

‘‘(3) ANNUAL BASE REVENUE.—For purposes of paragraphs 

(1)(A) and (2)(A), the dollar amount of the annual base revenue 

for a fiscal year shall be— 

‘‘(A) for fiscal year 2021, $8,000,000; and 

‘‘(B) for fiscal years 2022 through 2025, the dollar 

amount of the total revenue amount established under 

this subsection for the previous fiscal year, not including 

any adjustments made under subsection (c)(2) or (c)(3). 

‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— 

‘‘(1) INFLATION ADJUSTMENT.— 

‘‘(A) IN GENERAL.—For purposes of subsection (b)(2)(B), 

the dollar amount of the inflation adjustment to the annual 

base revenue for fiscal year 2022 and each subsequent 

fiscal year shall be equal to the product of— 

‘‘(i) such annual base revenue for the fiscal year 

under subsection (b)(2); and 

‘‘(ii) the inflation adjustment percentage under 

subparagraph (C). 

‘‘(B) OTC MONOGRAPH ORDER REQUEST FEES.—For purposes of subsection (a)(2), the dollar amount of the inflation 

adjustment to the fee for OTC monograph order requests 

for fiscal year 2022 and each subsequent fiscal year shall 

be equal to the product of— 

‘‘(i) the applicable fee under subsection (a)(2) for 

the preceding fiscal year; and 

‘‘(ii) the inflation adjustment percentage under 

subparagraph (C). 

‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.—The inflation adjustment percentage under this subparagraph for 

a fiscal year is equal to— 

‘‘(i) for each of fiscal years 2022 and 2023, the 

average annual percent change that occurred in the 
H. R. 748—185 

Consumer Price Index for urban consumers (Washington-Baltimore, DC–MD–VA–WV; Not Seasonally 

Adjusted; All items; Annual Index) for the first 3 years 

of the preceding 4 years of available data; and 

‘‘(ii) for each of fiscal years 2024 and 2025, the 

sum of— 

‘‘(I) the average annual percent change in the 

cost, per full-time equivalent position of the Food 

and Drug Administration, of all personnel compensation and benefits paid with respect to such 

positions for the first 3 years of the preceding 

4 fiscal years, multiplied by the proportion of personnel compensation and benefits costs to total 

costs of OTC monograph drug activities for the 

first 3 years of the preceding 4 fiscal years; and 

‘‘(II) the average annual percent change that 

occurred in the Consumer Price Index for urban 

consumers (Washington-Baltimore, DC–MD–VA– 

WV; Not Seasonally Adjusted; All items; Annual 

Index) for the first 3 years of the preceding 4 

years of available data multiplied by the proportion 

of all costs other than personnel compensation and 

benefits costs to total costs of OTC monograph 

drug activities for the first 3 years of the preceding 

4 fiscal years. 

‘‘(2) OPERATING RESERVE ADJUSTMENT.— 

‘‘(A) IN GENERAL.—For fiscal year 2021 and subsequent 

fiscal years, for purposes of subsections (b)(1)(B) and 

(b)(2)(C), the Secretary may, in addition to adjustments 

under paragraph (1), further increase the fee revenue and 

fees if such an adjustment is necessary to provide operating 

reserves of carryover user fees for OTC monograph drug 

activities for not more than the number of weeks specified 

in subparagraph (B). 

‘‘(B) NUMBER OF WEEKS.—The number of weeks specified in this subparagraph is— 

‘‘(i) 3 weeks for fiscal year 2021; 

‘‘(ii) 7 weeks for fiscal year 2022; 

‘‘(iii) 10 weeks for fiscal year 2023; 

‘‘(iv) 10 weeks for fiscal year 2024; and 

‘‘(v) 10 weeks for fiscal year 2025. 

‘‘(C) DECREASE.—If the Secretary has carryover balances for such process in excess of 10 weeks of the operating 

reserves referred to in subparagraph (A), the Secretary 

shall decrease the fee revenue and fees referred to in 

such subparagraph to provide for not more than 10 weeks 

of such operating reserves. 

‘‘(D) RATIONALE FOR ADJUSTMENT.—If an adjustment 

under this paragraph is made, the rationale for the amount 

of the increase or decrease (as applicable) in fee revenue 

and fees shall be contained in the annual Federal Register 

notice under paragraph (4) establishing fee revenue and 

fees for the fiscal year involved. 

‘‘(3) ADDITIONAL DIRECT COST ADJUSTMENT.—The Secretary 

shall, in addition to adjustments under paragraphs (1) and 

(2), further increase the fee revenue and fees for purposes 

of subsection (b)(2)(D) by an amount equal to— 
H. R. 748—186 

‘‘(A) $14,000,000 for fiscal year 2021; 

‘‘(B) $7,000,000 for fiscal year 2022; 

‘‘(C) $4,000,000 for fiscal year 2023; 

‘‘(D) $3,000,000 for fiscal year 2024; and 

‘‘(E) $3,000,000 for fiscal year 2025. 

‘‘(4) ANNUAL FEE SETTING.— 

‘‘(A) FISCAL YEAR 2021.—The Secretary shall, not later 

than the second Monday in May of 2020— 

‘‘(i) establish OTC monograph drug facility fees 

for fiscal year 2021 under subsection (a), based on 

the revenue amount for such year under subsection 

(b) and the adjustments provided under this subsection; 

and 

‘‘(ii) publish fee revenue, facility fees, and OTC 

monograph order requests in the Federal Register. 

‘‘(B) SUBSEQUENT FISCAL YEARS.—The Secretary shall, 

for each fiscal year that begins after September 30, 2021, 

not later than the second Monday in March that precedes 

such fiscal year— 

‘‘(i) establish for such fiscal year, based on the 

revenue amounts under subsection (b) and the adjustments provided under this subsection— 

‘‘(I) OTC monograph drug facility fees under 

subsection (a)(1); and 

‘‘(II) OTC monograph order request fees under 

subsection (a)(2); and 

‘‘(ii) publish such fee revenue amounts, facility 

fees, and OTC monograph order request fees in the 

Federal Register. 

‘‘(d) IDENTIFICATION OF FACILITIES.—Each person that owns 

an OTC monograph drug facility shall submit to the Secretary 

the information required under this subsection each year. Such 

information shall, for each fiscal year— 

‘‘(1) be submitted as part of the requirements for drug 

establishment registration set forth in section 510; and 

‘‘(2) include for each such facility, at a minimum, identification of the facility’s business operation as that of an OTC 

monograph drug facility. 

‘‘(e) EFFECT OF FAILURE TO PAY FEES.— 

‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— 

‘‘(A) IN GENERAL.—Failure to pay the fee under subsection (a)(1) within 20 calendar days of the due date 

as specified in subparagraph (D) of such subsection shall 

result in the following: 

‘‘(i) The Secretary shall place the facility on a 

publicly available arrears list. 

‘‘(ii) All OTC monograph drugs manufactured in 

such a facility or containing an ingredient manufactured in such a facility shall be deemed misbranded 

under section 502(ff). 

‘‘(B) APPLICATION OF PENALTIES.—The penalties under 

this paragraph shall apply until the fee established by 

subsection (a)(1) is paid. 

‘‘(2) ORDER REQUESTS.—An OTC monograph order request 

submitted by a person subject to fees under subsection (a) 

shall be considered incomplete and shall not be accepted for 
H. R. 748—187 

filing by the Secretary until all fees owed by such person 

under this section have been paid. 

‘‘(3) MEETINGS.—A person subject to fees under this section 

shall be considered ineligible for OTC monograph drug meetings 

until all such fees owed by such person have been paid. 

‘‘(f) CREDITING AND AVAILABILITY OF FEES.— 

‘‘(1) IN GENERAL.—Fees authorized under subsection (a) 

shall be collected and available for obligation only to the extent 

and in the amount provided in advance in appropriations Acts. 

Such fees are authorized to remain available until expended. 

Such sums as may be necessary may be transferred from the 

Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation 

account for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for OTC 

monograph drug activities. 

‘‘(2) COLLECTIONS AND APPROPRIATION ACTS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (C), the 

fees authorized by this section shall be collected and available in each fiscal year in an amount not to exceed the 

amount specified in appropriation Acts, or otherwise made 

available for obligation, for such fiscal year. 

‘‘(B) USE OF FEES AND LIMITATION.—The fees authorized by this section shall be available to defray increases 

in the costs of the resources allocated for OTC monograph 

drug activities (including increases in such costs for an 

additional number of full-time equivalent positions in the 

Department of Health and Human Services to be engaged 

in such activities), only if the Secretary allocates for such 

purpose an amount for such fiscal year (excluding amounts 

from fees collected under this section) no less than 

$12,000,000, multiplied by the adjustment factor applicable 

to the fiscal year involved under subsection (c)(1). 

‘‘(C) COMPLIANCE.—The Secretary shall be considered 

to have met the requirements of subparagraph (B) in any 

fiscal year if the costs funded by appropriations and allocated for OTC monograph drug activities are not more 

than 15 percent below the level specified in such subparagraph. 

‘‘(D) PROVISION FOR EARLY PAYMENTS IN SUBSEQUENT

YEARS.—Payment of fees authorized under this section for 

a fiscal year (after fiscal year 2021), prior to the due 

date for such fees, may be accepted by the Secretary in 

accordance with authority provided in advance in a prior 

year appropriations Act. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For each of the 

fiscal years 2021 through 2025, there is authorized to be appropriated for fees under this section an amount equal to the 

total amount of fees assessed for such fiscal year under this 

section. 

‘‘(g) COLLECTION OF UNPAID FEES.—In any case where the 

Secretary does not receive payment of a fee assessed under subsection (a) within 30 calendar days after it is due, such fee shall 

be treated as a claim of the United States Government subject 

to subchapter II of chapter 37 of title 31, United States Code. 

‘‘(h) CONSTRUCTION.—This section may not be construed to 

require that the number of full-time equivalent positions in the 
H. R. 748—188 

Department of Health and Human Services, for officers, employers, 

and advisory committees not engaged in OTC monograph drug 

activities, be reduced to offset the number of officers, employees, 

and advisory committees so engaged. 

‘‘SEC. 744N. REAUTHORIZATION; REPORTING REQUIREMENTS. 

‘‘(a) PERFORMANCE REPORT.—Beginning with fiscal year 2021, 

and not later than 120 calendar days after the end of each fiscal 

year thereafter for which fees are collected under this part, the 

Secretary shall prepare and submit to the Committee on Energy 

and Commerce of the House of Representatives and the Committee 

on Health, Education, Labor, and Pensions of the Senate a report 

concerning the progress of the Food and Drug Administration in 

achieving the goals identified in the letters described in section 

3861(b) of the CARES Act during such fiscal year and the future 

plans of the Food and Drug Administration for meeting such goals. 

‘‘(b) FISCAL REPORT.—Not later than 120 calendar days after 

the end of fiscal year 2021 and each subsequent fiscal year for 

which fees are collected under this part, the Secretary shall prepare 

and submit to the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate a report on the implementation 

of the authority for such fees during such fiscal year and the 

use, by the Food and Drug Administration, of the fees collected 

for such fiscal year. 

‘‘(c) PUBLIC AVAILABILITY.—The Secretary shall make the 

reports required under subsections (a) and (b) available to the 

public on the internet website of the Food and Drug Administration. 

‘‘(d) REAUTHORIZATION.— 

‘‘(1) CONSULTATION.—In developing recommendations to 

present to the Congress with respect to the goals described 

in subsection (a), and plans for meeting the goals, for OTC 

monograph drug activities for the first 5 fiscal years after 

fiscal year 2025, and for the reauthorization of this part for 

such fiscal years, the Secretary shall consult with— 

‘‘(A) the Committee on Energy and Commerce of the 

House of Representatives; 

‘‘(B) the Committee on Health, Education, Labor, and 

Pensions of the Senate; 

‘‘(C) scientific and academic experts; 

‘‘(D) health care professionals; 

‘‘(E) representatives of patient and consumer advocacy 

groups; and 

‘‘(F) the regulated industry. 

‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.—After negotiations with the regulated industry, the Secretary shall— 

‘‘(A) present the recommendations developed under 

paragraph (1) to the congressional committees specified 

in such paragraph; 

‘‘(B) publish such recommendations in the Federal Register; 

‘‘(C) provide for a period of 30 calendar days for the 

public to provide written comments on such recommendations; 

‘‘(D) hold a meeting at which the public may present 

its views on such recommendations; and 
H. R. 748—189 

‘‘(E) after consideration of such public views and comments, revise such recommendations as necessary. 

‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.—Not later than 

January 15, 2025, the Secretary shall transmit to the Congress 

the revised recommendations under paragraph (2), a summary 

of the views and comments received under such paragraph, 

and any changes made to the recommendations in response 

to such views and comments.’’. 

TITLE IV—ECONOMIC STABILIZATION 

AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED 

STATES ECONOMY 

Subtitle A—Coronavirus Economic 

Stabilization Act of 2020 

SEC. 4001. SHORT TITLE. 

This subtitle may be cited as the ‘‘Coronavirus Economic Stabilization Act of 2020’’. 

SEC. 4002. DEFINITIONS. 

In this subtitle: 

(1) AIR CARRIER.—The term ‘‘air carrier’’ has the meaning 

such term has under section 40102 of title 49, United States 

Code. 

(2) CORONAVIRUS.—The term ‘‘coronavirus’’ means SARS– 

CoV–2 or another coronavirus with pandemic potential. 

(3) COVERED LOSS.—The term ‘‘covered loss’’ includes losses 

incurred directly or indirectly as a result of coronavirus, as 

determined by the Secretary. 

(4) ELIGIBLE BUSINESS.—The term ‘‘eligible business’’ 

means— 

(A) an air carrier; or 

(B) a United States business that has not otherwise 

received adequate economic relief in the form of loans 

or loan guarantees provided under this Act. 

(5) EMPLOYEE.—Except where the context otherwise 

requires, the term ‘‘employee’’— 

(A) has the meaning given the term in section 2 of 

the National Labor Relations Act (29 U.S.C. 152); and 

(B) includes any individual employed by an employer 

subject to the Railway Labor Act (45 U.S.C. 151 et seq.). 

(6) EQUITY SECURITY; EXCHANGE.—The terms ‘‘equity security’’ and ‘‘exchange’’ have the meanings given the terms in 

section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 

78c(a)). 

(7) MUNICIPALITY.—The term ‘‘municipality’’ includes— 

(A) a political subdivision of a State, and 

(B) an instrumentality of a municipality, a State, or 

a political subdivision of a State. 

(8) NATIONAL SECURITIES EXCHANGE.—The term ‘‘national 

securities exchange’’ means an exchange registered as a 
H. R. 748—190 

national securities exchange under section 6 of the Securities 

Exchange Act of 1934 (15 U.S.C. 78f). 

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury, or the designee of the Secretary of the 

Treasury. 

(10) STATE.—The term ‘‘State’’ means— 

(A) any of the several States; 

(B) the District of Columbia; 

(C) any of the territories and possessions of the United 

States; 

(D) any bi-State or multi-State entity; and 

(E) any Indian Tribe. 

SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

to provide liquidity to eligible businesses, States, and municipalities 

related to losses incurred as a result of coronavirus, the Secretary 

is authorized to make loans, loan guarantees, and other investments 

in support of eligible businesses, States, and municipalities that 

do not, in the aggregate, exceed $500,000,000,000 and provide the 

subsidy amounts necessary for such loans, loan guarantees, and 

other investments in accordance with the provisions of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

(b) LOANS, LOAN GUARANTEES, AND OTHER INVESTMENTS.— 

Loans, loan guarantees, and other investments made pursuant to 

subsection (a) shall be made available as follows: 

(1) Not more than $25,000,000,000 shall be available to 

make loans and loan guarantees for passenger air carriers, 

eligible businesses that are certified under part 145 of title 

14, Code of Federal Regulations, and approved to perform 

inspection, repair, replace, or overhaul services, and ticket 

agents (as defined in section 40102 of title 49, United States 

Code). 

(2) Not more than $4,000,000,000 shall be available to 

make loans and loan guarantees for cargo air carriers. 

(3) Not more than $17,000,000,000 shall be available to 

make loans and loan guarantees for businesses critical to 

maintaining national security. 

(4) Not more than the sum of $454,000,000,000 and any 

amounts available under paragraphs (1), (2), and (3) that are 

not used as provided under those paragraphs shall be available 

to make loans and loan guarantees to, and other investments 

in, programs or facilities established by the Board of Governors 

of the Federal Reserve System for the purpose of providing 

liquidity to the financial system that supports lending to eligible 

businesses, States, or municipalities by— 

(A) purchasing obligations or other interests directly 

from issuers of such obligations or other interests; 

(B) purchasing obligations or other interests in secondary markets or otherwise; or 

(C) making loans, including loans or other advances 

secured by collateral. 

(c) TERMS AND CONDITIONS.— 

(1) IN GENERAL.— (A) FORMS; TERMS AND CONDITIONS.—A loan, loan guarantee, or other investment by the Secretary shall be made 

under this section in such form and on such terms and 
H. R. 748—191 

conditions and contain such covenants, representations, 

warranties, and requirements (including requirements for 

audits) as the Secretary determines appropriate. Any loans 

made by the Secretary under this section shall be at a 

rate determined by the Secretary based on the risk and 

the current average yield on outstanding marketable 

obligations of the United States of comparable maturity. 

(B) PROCEDURES.—As soon as practicable, but in no 

case later than 10 days after the date of enactment of 

this Act, the Secretary shall publish procedures for application and minimum requirements, which may be supplemented by the Secretary in the Secretary’s discretion, for 

making loans, loan guarantees, or other investments under 

paragraphs (1), (2) and (3) of subsection (b) . 

(2) LOANS AND LOAN GUARANTEES .—The Secretary may 

enter into agreements to make loans or loan guarantees to 

1 or more eligible businesses under paragraphs (1), (2) and 

(3) of subsection (b) if the Secretary determines that, in the 

Secretary’s discretion— 

(A) the applicant is an eligible business for which 

credit is not reasonably available at the time of the transaction; 

(B) the intended obligation by the applicant is prudently incurred; 

(C) the loan or loan guarantee is sufficiently secured 

or is made at a rate that— 

(i) reflects the risk of the loan or loan guarantee; 

and 

(ii) is to the extent practicable, not less than an 

interest rate based on market conditions for comparable obligations prevalent prior to the outbreak of 

the coronavirus disease 2019 (COVID–19); 

(D) the duration of the loan or loan guarantee is as 

short as practicable and in any case not longer than 5 

years; 

(E) the agreement provides that, until the date 12 

months after the date the loan or loan guarantee is no 

longer outstanding, neither the eligible business nor any 

affiliate of the eligible business may purchase an equity 

security that is listed on a national securities exchange 

of the eligible business or any parent company of the 

eligible business, except to the extent required under a 

contractual obligation in effect as of the date of enactment 

of this Act; 

(F) the agreement provides that, until the date 12 

months after the date the loan or loan guarantee is no 

longer outstanding, the eligible business shall not pay dividends or make other capital distributions with respect to 

the common stock of the eligible business; 

(G) the agreement provides that, until September 30, 

2020, the eligible business shall maintain its employment 

levels as of March 24, 2020, to the extent practicable, 

and in any case shall not reduce its employment levels 

by more than 10 percent from the levels on such date; 

(H) the agreement includes a certification by the 

eligible business that it is created or organized in the 

United States or under the laws of the United States 
H. R. 748—192 

and has significant operations in and a majority of its 

employees based in the United States; and 

(I) for purposes of a loan or loan guarantee under 

paragraphs (1), (2), and (3) of subsection (b), the eligible 

business must have incurred or is expected to incur covered 

losses such that the continued operations of the business 

are jeopardized, as determined by the Secretary. 

(3) FEDERAL RESERVE PROGRAMS OR FACILITIES.— 

(A) TERMS AND CONDITIONS.— 

(i) DEFINITION.—In this paragraph, the term 

‘‘direct loan’’ means a loan under a bilateral loan agreement that is — 

(I) entered into directly with an eligible business as borrower; and 

(II) not part of a syndicated loan, a loan originated by a financial institution in the ordinary 

course of business, or a securities or capital markets transaction. 

(ii) RESTRICTIONS.—The Secretary may make a 

loan, loan guarantee, or other investment under subsection (b)(4) as part of a program or facility that 

provides direct loans only if the applicable eligible 

businesses agree— 

(I) until the date 12 months after the date 

on which the direct loan is no longer outstanding, 

not to repurchase an equity security that is listed 

on a national securities exchange of the eligible 

business or any parent company of the eligible 

business while the direct loan is outstanding, 

except to the extent required under a contractual 

obligation that is in effect as of the date of enactment of this Act; 

(II) until the date 12 months after the date 

on which the direct loan is no longer outstanding, 

not to pay dividends or make other capital distributions with respect to the common stock of the 

eligible business; and 

(III) to comply with the limitations on compensation set forth in section 4004. 

(iii) WAIVER.—The Secretary may waive the 

requirement under clause (ii) with respect to any program or facility upon a determination that such waiver 

is necessary to protect the interests of the Federal 

Government. If the Secretary exercises a waiver under 

this clause, the Secretary shall make himself available 

to testify before the Committee on Banking, Housing, 

and Urban Affairs of the Senate and the Committee 

on Financial Services of the House of Representatives 

regarding the reasons for the waiver. 

(B) FEDERAL RESERVE ACT TAXPAYER PROTECTIONS AND

OTHER REQUIREMENTS APPLY.—For the avoidance of doubt, 

any applicable requirements under section 13(3) of the 

Federal Reserve Act (12 U.S.C. 343(3)), including requirements relating to loan collateralization, taxpayer protection, and borrower solvency, shall apply with respect to 

any program or facility described in subsection (b)(4). 
H. R. 748—193 

(C) UNITED STATES BUSINESSES.—A program or facility 

in which the Secretary makes a loan, loan guarantee, or 

other investment under subsection (b)(4) shall only purchase obligations or other interests (other than securities 

that are based on an index or that are based on a diversified 

pool of securities) from, or make loans or other advances 

to, businesses that are created or organized in the United 

States or under the laws of the United States and that 

have significant operations in and a majority of its 

employees based in the United States. 

(D) ASSISTANCE FOR MID-SIZED BUSINESSES.— 

(i) IN GENERAL.—Without limiting the terms and 

conditions of the programs and facilities that the Secretary may otherwise provide financial assistance to 

under subsection (b)(4), the Secretary shall endeavor 

to seek the implementation of a program or facility 

described in subsection (b)(4) that provides financing 

to banks and other lenders that make direct loans 

to eligible businesses including, to the extent practicable, nonprofit organizations, with between 500 and 

10,000 employees, with such direct loans being subject 

to an annualized interest rate that is not higher than 

2 percent per annum. For the first 6 months after 

any such direct loan is made, or for such longer period 

as the Secretary may determine in his discretion, no 

principal or interest shall be due and payable. Any 

eligible borrower applying for a direct loan under this 

program shall make a good-faith certification that— 

(I) the uncertainty of economic conditions as 

of the date of the application makes necessary 

the loan request to support the ongoing operations 

of the recipient; 

(II) the funds it receives will be used to retain 

at least 90 percent of the recipient’s workforce, 

at full compensation and benefits, until September 

30, 2020; 

(III) the recipient intends to restore not less 

than 90 percent of the workforce of the recipient 

that existed as of February 1, 2020, and to restore 

all compensation and benefits to the workers of 

the recipient no later than 4 months after the 

termination date of the public health emergency 

declared by the Secretary of Health and Human 

Services on January 31, 2020, under section 319 

of the Public Health Services Act (42 U.S.C. 247d) 

in response to COVID–19; 

(IV) the recipient is an entity or business that 

is domiciled in the United States with significant 

operations and employees located in the United 

States; 

(V) the recipient is not a debtor in a bankruptcy proceeding; 

(VI) the recipient is created or organized in 

the United States or under the laws of the United 

States and has significant operations in and a 

majority of its employees based in the United 

States; 
H. R. 748—194 

(VII) the recipient will not pay dividends with 

respect to the common stock of the eligible business, or repurchase an equity security that is listed 

on a national securities exchange of the recipient 

or any parent company of the recipient while the 

direct loan is outstanding, except to the extent 

required under a contractual obligation that is in 

effect as of the date of enactment of this Act; 

(VIII) the recipient will not outsource or offshore jobs for the term of the loan and 2 years 

after completing repayment of the loan; 

(IX) the recipient will not abrogate existing 

collective bargaining agreements for the term of 

the loan and 2 years after completing repayment 

of the loan; and 

(X) that the recipient will remain neutral in 

any union organizing effort for the term of the 

loan. 

(ii) MAIN STREET LENDING PROGRAM.—Nothing in 

this subparagraph shall limit the discretion of the 

Board of Governors of the Federal Reserve System 

to establish a Main Street Lending Program or other 

similar program or facility that supports lending to 

small and mid-sized businesses on such terms and 

conditions as the Board may set consistent with section 

13(3) of the Federal Reserve Act (12 U.S.C. 343(3)), 

including any such program in which the Secretary 

makes a loan, loan guarantee, or other investment 

under subsection (b)(4). 

(E) GOVERNMENT PARTICIPANTS.—The Secretary shall 

endeavor to seek the implementation of a program or 

facility in accordance with subsection (b)(4) that provides 

liquidity to the financial system that supports lending to 

States and municipalities. 

(d) FINANCIAL PROTECTION OF GOVERNMENT.— 

(1) WARRANT OR SENIOR DEBT INSTRUMENT.—The Secretary 

may not issue a loan to, or a loan guarantee for, an eligible 

business under paragraph (1), (2), or (3) of subsection (b) 

unless— 

(A)(i) the eligible business has issued securities that 

are traded on a national securities exchange; and 

(ii) the Secretary receives a warrant or equity interest 

in the eligible business; or 

(B) in the case of any eligible business other than 

an eligible business described in subparagraph (A), the 

Secretary receives, in the discretion of the Secretary— 

(i) a warrant or equity interest in the eligible 

business; or 

(ii) a senior debt instrument issued by the eligible 

business. 

(2) TERMS AND CONDITIONS.—The terms and conditions of 

any warrant, equity interest, or senior debt instrument received 

under paragraph (1) shall be set by the Secretary and shall 

meet the following requirements: 

(A) PURPOSES.—Such terms and conditions shall be 

designed to provide for a reasonable participation by the 
H. R. 748—195 

Secretary, for the benefit of taxpayers, in equity appreciation in the case of a warrant or other equity interest, 

or a reasonable interest rate premium, in the case of a 

debt instrument. 

(B) AUTHORITY TO SELL, EXERCISE, OR SURRENDER.— 

For the primary benefit of taxpayers, the Secretary may 

sell, exercise, or surrender a warrant or any senior debt 

instrument received under this subsection. The Secretary 

shall not exercise voting power with respect to any shares 

of common stock acquired under this section. 

(C) SUFFICIENCY.—If the Secretary determines that the 

eligible business cannot feasibly issue warrants or other 

equity interests as required by this subsection, the Secretary may accept a senior debt instrument in an amount 

and on such terms as the Secretary deems appropriate. 

(3) PROHIBITION ON LOAN FORGIVENESS.—The principal 

amount of any obligation issued by an eligible business, State, 

or municipality under a program described in subsection (b) 

shall not be reduced through loan forgiveness. 

(e) DEPOSIT OF PROCEEDS.—Amounts collected under subsection 

(b) shall be deposited in the following order of priority: 

(1) Into the financing accounts established under section 

505 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d) 

to implement this subtitle, up to an amount equal to the sum 

of— 

(A) the amount transferred from the appropriation 

made under section 4027 to the financing accounts; and 

(B) the amount necessary to repay any amount lent 

from the Treasury to such financing accounts. 

(2) After the deposits specified in paragraph (1) of this 

subsection have been made, into the Federal Old-Age and Survivors Insurance Trust Fund established under section 201(a) 

of the Social Security Act (42 U.S.C. 401). 

(f) ADMINISTRATIVE PROVISIONS.—Notwithstanding any other 

provision of law, the Secretary may use not greater than 

$100,000,000 of the funds made available under section 4027 to 

pay costs and administrative expenses associated with the loans, 

loan guarantees, and other investments authorized under this section. The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this subtitle, 

including, without limitation— 

(1) using direct hiring authority to hire employees to administer this subtitle; 

(2) entering into contracts, including contracts for services 

authorized by this subtitle; 

(3) establishing vehicles that are authorized, subject to 

supervision by the Secretary, to purchase, hold, and sell assets 

and issue obligations; and 

(4) issuing such regulations and other guidance as may 

be necessary or appropriate to carry out the authorities or 

purposes of this subtitle. 

(g) FINANCIAL AGENTS.—The Secretary is authorized to designate financial institutions, including but not limited to, depositories, brokers, dealers, and other institutions, as financial agents 

of the United States. Such institutions shall— 

(1) perform all reasonable duties the Secretary determines 

necessary to respond to the coronavirus; and 
H. R. 748—196 

(2) be paid for such duties using appropriations available 

to the Secretary to reimburse financial institutions in their 

capacity as financial agents of the United States. 

(h) LOANS MADE BY OR GUARANTEED BY THE DEPARTMENT OF

THE TREASURY TREATED AS INDEBTEDNESS FOR TAX PURPOSES.— 

(1) IN GENERAL.—Any loan made by or guaranteed by the 

Department of the Treasury under this section shall be treated 

as indebtedness for purposes of the Internal Revenue Code 

of 1986, shall be treated as issued for its stated principal 

amount, and stated interest on such loans shall be treated 

as qualified stated interest. 

(2) REGULATIONS OR GUIDANCE.—The Secretary of the 

Treasury (or the Secretary’s delegate) shall prescribe such regulations or guidance as may be necessary or appropriate to 

carry out the purposes of this section, including guidance providing that the acquisition of warrants, stock options, common 

or preferred stock or other equity under this section does not 

result in an ownership change for purposes of section 382 

of the Internal Revenue Code of 1986. 

SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION. 

(a) IN GENERAL.—The Secretary may only enter into an agreement with an eligible business to make a loan or loan guarantee 

under paragraph (1), (2) or (3) of section 4003(b) if such agreement 

provides that, during the period beginning on the date on which 

the agreement is executed and ending on the date that is 1 year 

after the date on which the loan or loan guarantee is no longer 

outstanding— 

(1) no officer or employee of the eligible business whose 

total compensation exceeded $425,000 in calendar year 2019 

(other than an employee whose compensation is determined 

through an existing collective bargaining agreement entered 

into prior to March 1, 2020)— 

(A) will receive from the eligible business total compensation which exceeds, during any 12 consecutive months 

of such period, the total compensation received by the 

officer or employee from the eligible business in calendar 

year 2019; or 

(B) will receive from the eligible business severance 

pay or other benefits upon termination of employment with 

the eligible business which exceeds twice the maximum 

total compensation received by the officer or employee from 

the eligible business in calendar year 2019; and 

(2) no officer or employee of the eligible business whose 

total compensation exceeded $3,000,000 in calendar year 2019 

may receive during any 12 consecutive months of such period 

total compensation in excess of the sum of— 

(A) $3,000,000; and 

(B) 50 percent of the excess over $3,000,000 of the 

total compensation received by the officer or employee from 

the eligible business in calendar year 2019. 

(b) TOTAL COMPENSATION DEFINED.—In this section, the term 

‘‘total compensation’’ includes salary, bonuses, awards of stock, and 

other financial benefits provided by an eligible business to an officer 

or employee of the eligible business. 
H. R. 748—197 

SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE. 

The Secretary of Transportation is authorized to require, to 

the extent reasonable and practicable, an air carrier receiving loans 

and loan guarantees under section 4003 to maintain scheduled 

air transportation service as the Secretary of Transportation deems 

necessary to ensure services to any point served by that carrier 

before March 1, 2020. When considering whether to exercise the 

authority granted by this section, the Secretary of Transportation 

shall take into consideration the air transportation needs of small 

and remote communities and the need to maintain well-functioning 

health care and pharmaceutical supply chains, including for medical 

devices and supplies. The authority under this section, including 

any requirement issued by the Secretary under this section, shall 

terminate on March 1, 2022. 

SEC. 4006. COORDINATION WITH SECRETARY OF TRANSPORTATION. 

In implementing this subtitle with respect to air carriers, the 

Secretary shall coordinate with the Secretary of Transportation. 

SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE TAXES. 

(a) TRANSPORTATION BY AIR.—In the case of any amount paid 

for transportation by air (including any amount treated as paid 

for transportation by air by reason of section 4261(e)(3) of the 

Internal Revenue Code of 1986) during the excise tax holiday period, 

no tax shall be imposed under section 4261 or 4271 of such Code. 

The preceding sentence shall not apply to amounts paid on or 

before the date of the enactment of this Act. 

(b) USE OF KEROSENE IN COMMERCIAL AVIATION.—In the case 

of kerosene used in commercial aviation (as defined in section 

4083 of the Internal Revenue Code of 1986) during the excise 

tax holiday period— 

(1) no tax shall be imposed on such kerosene under— 

(A) section 4041(c) of the Internal Revenue Code of 

1986, or 

(B) section 4081 of such Code (other than at the rate 

provided in subsection (a)(2)(B) thereof), and 

(2) section 6427(l) of such Code shall be applied— 

(A) by treating such use as a nontaxable use, and 

(B) without regard to paragraph (4)(A)(ii) thereof. 

(c) EXCISE TAX HOLIDAY PERIOD.—For purposes of this section, 

the term ‘‘excise tax holiday period’’ means the period beginning 

after the date of the enactment of this section and ending before 

January 1, 2021. 

SEC. 4008. DEBT GUARANTEE AUTHORITY. 

(a) Section 1105 of the Dodd-Frank Wall Street Reform and 

Consumer Protection Act (12 U.S.C. 5612) is amended— 

(1) in subsection (f)— 

(A) by inserting ‘‘in noninterest-bearing transaction 

accounts’’ after ‘‘institutions’’; and 

(B) by striking ‘‘shall not’’ and inserting ‘‘may’’; and 

(2) by adding at the end the following: 

‘‘(h) APPROVAL OF GUARANTEE PROGRAM DURING THE COVID– 

19 CRISIS.— 

‘‘(1) IN GENERAL.—For purposes of the congressional joint 

resolution of approval provided for in subsections (c)(1) and 

(2) and (d), notwithstanding any other provision of this section, 

the Federal Deposit Insurance Corporation is approved upon 
H. R. 748—198 

enactment of this Act to establish a program provided for 

in subsection (a), provided that any such program and any 

such guarantee shall terminate not later than December 31, 

2020. 

‘‘(2) MAXIMUM AMOUNT.—Any debt guarantee program 

authorized by this subsection shall include a maximum amount 

of outstanding debt that is guaranteed.’’. 

(b) FEDERAL CREDIT UNION TRANSACTION ACCOUNT GUARAN- TEES.—Notwithstanding any other provision of law and in coordination with the Federal Deposit Insurance Corporation, the National 

Credit Union Administration Board may by a vote of the Board 

increase to unlimited, or such lower amount as the Board approves, 

the share insurance coverage provided by the National Credit Union 

Share Insurance Fund on any noninterest-bearing transaction 

account in any federally insured credit union without exception, 

provided that any such increase shall terminate not later than 

December 31, 2020. 

SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF. 

(a) IN GENERAL.—Except as provided in subsection (b), notwithstanding any other provision of law, if the Chairman of the Board 

of Governors of the Federal Reserve System determines, in writing, 

that unusual and exigent circumstances exist, the Board may conduct meetings without regard to the requirements of section 552b 

of title 5, United States Code, during the period beginning on 

the date of enactment of this Act and ending on the earlier of— 

(1) the date on which the national emergency concerning 

the novel coronavirus disease (COVID–19) outbreak declared 

by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates; or 

(2) December 31, 2020. 

(b) RECORDS.—The Board of Governors of the Federal Reserve 

System shall keep a record of all Board votes and the reasons 

for such votes during the period described in subsection (a). 

SEC. 4010. TEMPORARY HIRING FLEXIBILITY. 

(a) DEFINITION.—In this section, the term ‘‘covered period’’ 

means the period beginning on the date of enactment of this Act 

and ending on the sooner of— 

(1) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak 

declared by the President on March 13, 2020 under the National 

Emergencies Act (50 U.S.C. 1601 et seq.); or 

(2) December 31, 2020. 

(b) AUTHORITY.— During the covered period, the Secretary of 

Housing and Urban Development, the Securities and Exchange 

Commission, and the Commodity Futures Trading Commission may, 

without regard to sections 3309 through 3318 of title 5, United 

States Code, recruit and appoint candidates to fill temporary and 

term appointments within their respective agencies upon a determination that those expedited procedures are necessary and appropriate to enable the respective agencies to prevent, prepare for, 

or respond to COVID–19. 

SEC. 4011. TEMPORARY LENDING LIMIT WAIVER. 

(a) IN GENERAL.—Section 5200 of the Revised Statutes of the 

United States (12 U.S.C. 84) is amended— 

(1) in subsection (c)(7)— 
H. R. 748—199 

(A) by inserting ‘‘any nonbank financial company (as 

that term is defined in section 102 of the Financial Stability 

Act of 2010 (12 U.S.C. 5311)),’’ after ‘‘Loans or extensions 

of credit to’’; and 

(B) by striking ‘‘financial institution or to’’ and 

inserting ‘‘financial institution, or to’’; and 

(2) in subsection (d), by adding at the end of paragraph 

(1) the following: ‘‘The Comptroller of the Currency may, by 

order, exempt any transaction or series of transactions from 

the requirements of this section upon a finding by the Comptroller that such exemption is in the public interest and consistent with the purposes of this section.’’. 

(b) EFFECTIVE PERIOD.—This section, and the amendments 

made by this section, shall be effective during the period beginning 

on the date of enactment of this Act and ending on the sooner 

of— 

(1) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak 

declared by the President on March 13, 2020 under the National 

Emergencies Act (50 U.S.C. 1601 et seq.); or 

(2) December 31, 2020. 

SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘appropriate Federal banking agency’’ has 

the meaning given the term in section 2 of the Economic 

Growth, Regulatory Relief, and Consumer Protection Act (12 

U.S.C. 5365 note); and 

(2) the terms ‘‘Community Bank Leverage Ratio’’ and 

‘‘qualifying community bank’’ have the meanings given the 

terms in section 201(a) of the Economic Growth, Regulatory 

Relief, and Consumer Protection Act (12 U.S.C. 5371 note). 

(b) INTERIM RULE.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law or regulation, the appropriate Federal banking agencies 

shall issue an interim final rule that provides that, for the 

purposes of section 201 of the Economic Growth, Regulatory 

Relief, and Consumer Protection Act (12 U.S.C. 5371 note)— 

(A) the Community Bank Leverage Ratio shall be 8 

percent; and 

(B) a qualifying community bank that falls below the 

Community Bank Leverage Ratio established under 

subparagraph (A) shall have a reasonable grace period 

to satisfy the Community Bank Leverage Ratio. 

(2) EFFECTIVE PERIOD.—The interim rule issued under 

paragraph (1) shall be effective during the period beginning 

on the date on which the appropriate Federal banking agencies 

issue the rule and ending on the sooner of— 

(A) the termination date of the national emergency 

concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under 

the National Emergencies Act (50 U.S.C. 1601 et seq.); 

or 

(B) December 31, 2020. 

(c) GRACE PERIOD.—During a grace period described in subsection (b)(1)(B), a qualifying community bank to which the grace 

period applies may continue to be treated as a qualifying community 
H. R. 748—200 

bank and shall be presumed to satisfy the capital and leverage 

requirements described in section 201(c) of the Economic Growth, 

Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5371 

note). 

SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT 

RESTRUCTURINGS. 

(a) DEFINITIONS.—In this section: 

(1) APPLICABLE PERIOD.—The term ‘‘applicable period’’ 

means the period beginning on March 1, 2020 and ending 

on the earlier of December 31, 2020, or the date that is 60 

days after the date on which the national emergency concerning 

the novel coronavirus disease (COVID–19) outbreak declared 

by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates. 

(2) APPROPRIATE FEDERAL BANKING AGENCY.—The term 

‘‘appropriate Federal banking agency’’— 

(A) has the meaning given the term in section 3 of 

the Federal Deposit Insurance Act (12 U.S.C. 1813); and 

(B) includes the National Credit Union Administration. 

(b) SUSPENSION.— 

(1) IN GENERAL.—During the applicable period, a financial 

institution may elect to— 

(A) suspend the requirements under United States generally accepted accounting principles for loan modifications 

related to the coronavirus disease 2019 (COVID–19) pandemic that would otherwise be categorized as a troubled 

debt restructuring; and 

(B) suspend any determination of a loan modified as 

a result of the effects of the coronavirus disease 2019 

(COVID–19) pandemic as being a troubled debt restructuring, including impairment for accounting purposes. 

(2) APPLICABILITY.—Any suspension under paragraph (1)— 

(A) shall be applicable for the term of the loan modification, but solely with respect to any modification, including 

a forbearance arrangement, an interest rate modification, 

a repayment plan, and any other similar arrangement that 

defers or delays the payment of principal or interest, that 

occurs during the applicable period for a loan that was 

not more than 30 days past due as of December 31, 2019; 

and 

(B) shall not apply to any adverse impact on the credit 

of a borrower that is not related to the coronavirus disease 

2019 (COVID–19) pandemic. 

(c) DEFERENCE.—The appropriate Federal banking agency of 

the financial institution shall defer to the determination of the 

financial institution to make a suspension under this section. 

(d) RECORDS.—For modified loans for which suspensions under 

subsection (a) apply— 

(1) financial institutions should continue to maintain 

records of the volume of loans involved; and 

(2) the appropriate Federal banking agencies may collect 

data about such loans for supervisory purposes. 

SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT EXPECTED 

CREDIT LOSSES. 

(a) DEFINITIONS.—In this section: 
H. R. 748—201 

(1) APPROPRIATE FEDERAL BANKING AGENCY.—The term 

‘‘appropriate Federal banking agency’’— 

(A) has the meaning given the term in section 3 of 

the Federal Deposit Insurance Act (12 U.S.C. 1813); and 

(B) includes the National Credit Union Administration. 

(2) INSURED DEPOSITORY INSTITUTION.—The term ‘‘insured 

depository institution’’— 

(A) has the meaning given the term in section 3 of 

the Federal Deposit Insurance Act (12 U.S.C. 1813); and 

(B) includes a credit union. 

(b) TEMPORARY RELIEF FROM CECL STANDARDS.—Notwithstanding any other provision of law, no insured depository institution, bank holding company, or any affiliate thereof shall be required 

to comply with the Financial Accounting Standards Board 

Accounting Standards Update No. 2016–13 (‘‘Measurement of Credit 

Losses on Financial Instruments’’), including the current expected 

credit losses methodology for estimating allowances for credit losses, 

during the period beginning on the date of enactment of this Act 

and ending on the earlier of— 

(1) the date on which the national emergency concerning 

the novel coronavirus disease (COVID–19) outbreak declared 

by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates; or 

(2) December 31, 2020. 

SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF DURING 

NATIONAL EMERGENCY. 

(a) IN GENERAL.—Section 131 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5236) shall not apply during 

the period beginning on the date of enactment of this Act and 

ending on December 31, 2020. Any guarantee established as a 

result of the application of subsection (a) shall— 

(1) be limited to a guarantee of the total value of a shareholder’s account in a participating fund as of the close of business on the day before the announcement of the guarantee; 

and 

(2) terminate not later than December 31, 2020. 

(b) DIRECT APPROPRIATION.—Upon the expiration of the period 

described in subsection (a), there is appropriated, out of amounts 

in the Treasury not otherwise appropriated, such sums as may 

be necessary to reimburse the fund established under section 

5302(a)(1) of title 31, United States Code, for any funds that are 

used for the Treasury Money Market Funds Guaranty Program 

for the United States money market mutual fund industry to the 

extent a claim payment made exceeds the balance of fees collected 

by the fund. 

SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS. 

(a) IN GENERAL.— (1) DEFINITIONS.—Section 302(1) of the Federal Credit 

Union Act (12 U.S.C. 1795a(1)) is amended, in the matter 

preceding subparagraph (A), by striking ‘‘primarily serving natural persons’’. 

(2) MEMBERSHIP.—Section 304(b)(2) of the Federal Credit 

Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ‘‘all 

those credit unions’’ and inserting ‘‘such credit unions as the 

Board may in its discretion determine’’. 
H. R. 748—202 

(3) EXTENSIONS OF CREDIT.—Section 306(a)(1) of the Federal Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in 

the second sentence, by striking ‘‘the intent of which is to 

expand credit union portfolios’’ and inserting ‘‘without first 

having obtained evidence from the applicant that the applicant 

has made reasonable efforts to first use primary sources of 

liquidity of the applicant, including balance sheet and market 

funding sources, to address the liquidity needs of the applicant’’. 

(4) POWERS OF THE BOARD.—Section 307(a)(4)(A) of the 

Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended 

by inserting ‘‘, provided that, the total face value of such obligations shall not exceed 16 times the subscribed capital stock 

and surplus of the Facility for the period beginning on the 

date of enactment of the Coronavirus Economic Stabilization 

Act of 2020 and ending on December 31, 2020’’ after ‘‘Facility’’. 

(b) SUNSET.— (1) IN GENERAL.— (A) DEFINITIONS.—Section 302(1) of the Federal Credit 

Union Act (12 U.S.C. 1795a(1)) is amended, in the matter 

preceding subparagraph (A), by inserting ‘‘primarily serving 

natural persons’’ after ‘‘credit unions’’. 

(B) MEMBERSHIP.—Section 304(b)(2) of the Federal 

Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by 

striking ‘‘such credit unions as the Board may in its discretion determine’’ and inserting ‘‘all those credit unions’’. 

(C) EXTENSIONS OF CREDIT.—Section 306(a)(1) of the 

Federal Credit Union Act (12 U.S.C. 1795e(a)(1)) is 

amended, in the second sentence, by striking ‘‘without first 

having obtained evidence from the applicant that the 

applicant has made reasonable efforts to first use primary 

sources of liquidity of the applicant, including balance sheet 

and market funding sources, to address the liquidity needs 

of the applicant’’ and inserting ‘‘the intent of which is 

to expand credit union portfolios’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on December 31, 2020. 

SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY FOR 

NATIONAL SECURITY AND PANDEMIC RECOVERY. 

Notwithstanding any other provision of law— 

(1) during the 2-year period beginning on the date of enactment of this Act, the requirements described in sections 

303(a)(6)(C) and 304(e) of the Defense Production Act of 1950 

(50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and 

(2) during the 1-year period beginning on the date of enactment of this Act, the requirements described in sections 

302(d)(1) and 303 (a)(6)(B) of the Defense Production Act of 

1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply. 

SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY. 

(a) OFFICE OF INSPECTOR GENERAL.—There is hereby established within the Department of the Treasury the Office of the 

Special Inspector General for Pandemic Recovery. 

(b) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.— 

(1) IN GENERAL.—The head of the Office of the Special 

Inspector General for Pandemic Recovery shall be the Special 

Inspector General for Pandemic Recovery (referred to in this 

section as the ‘‘Special Inspector General’’), who shall be 
H. R. 748—203 

appointed by the President, by and with the advice and consent 

of the Senate. 

(2) NOMINATION.—The nomination of the Special Inspector 

General shall be made on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, 

law, management analysis, public administration, or investigations. The nomination of an individual as Special Inspector 

General shall be made as soon as practicable after any loan, 

loan guarantee, or other investment is made under section 

4003. 

(3) REMOVAL.—The Special Inspector General shall be 

removable from office in accordance with the provisions of 

section 3(b) of the Inspector General Act of 1978 (5 U.S.C. 

App.). 

(4) POLITICAL ACTIVITY.—For purposes of section 7324 of 

title 5, United States Code, the Special Inspector General shall 

not be considered an employee who determines policies to be 

pursued by the United States in the nationwide administration 

of Federal law. 

(5) BASIC PAY.—The annual rate of basic pay of the Special 

Inspector General shall be the annual rate of basic pay for 

an Inspector General under section 3(e) of the Inspector General 

Act of 1978 (5 U.S.C. App.). 

(c) DUTIES.— 

(1) IN GENERAL.—It shall be the duty of the Special 

Inspector General to, in accordance with section 4(b)(1) of the 

Inspector General Act of 1978 (5 U.S.C. App.), conduct, supervise, and coordinate audits and investigations of the making, 

purchase, management, and sale of loans, loan guarantees, 

and other investments made by the Secretary of the Treasury 

under any program established by the Secretary under this 

Act, and the management by the Secretary of any program 

established under this Act, including by collecting and summarizing the following information: 

(A) A description of the categories of the loans, loan 

guarantees, and other investments made by the Secretary. 

(B) A listing of the eligible businesses receiving loan, 

loan guarantees, and other investments made under each 

category described in subparagraph (A). 

(C) An explanation of the reasons the Secretary determined it to be appropriate to make each loan or loan 

guarantee under this Act, including a justification of the 

price paid for, and other financial terms associated with, 

the applicable transaction. 

(D) A listing of, and detailed biographical information 

with respect to, each person hired to manage or service 

each loan, loan guarantee, or other investment made under 

section 4003. 

(E) A current, as of the date on which the information 

is collected, estimate of the total amount of each loan, 

loan guarantee, and other investment made under this 

Act that is outstanding, the amount of interest and fees 

accrued and received with respect to each loan or loan 

guarantee, the total amount of matured loans, the type 

and amount of collateral, if any, and any losses or gains, 

if any, recorded or accrued for each loan, loan guarantee, 

or other investment. 
H. R. 748—204 

(2) MAINTENANCE OF SYSTEMS.—The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers 

appropriate to discharge the duties of the Special Inspector 

General under paragraph (1). 

(3) ADDITIONAL DUTIES AND RESPONSIBILITIES.—In addition 

to the duties described in paragraphs (1) and (2), the Special 

Inspector General shall also have the duties and responsibilities 

of inspectors general under the Inspector General Act of 1978 

(5 U.S.C. App.). 

(d) POWERS AND AUTHORITIES.— 

(1) IN GENERAL.—In carrying out the duties of the Special 

Inspector General under subsection (c), the Special Inspector 

General shall have the authorities provided in section 6 of 

the Inspector General Act of 1978 (5 U.S.C. App.). 

(2) TREATMENT OF OFFICE.—The Office of the Special 

Inspector General for Pandemic Recovery shall be considered 

to be an office described in section 6(f)(3) of the Inspector 

General Act of 1978 (5 U.S.C. App.) and shall be exempt from 

an initial determination by the Attorney General under section 

6(f)(2) of that Act. 

(e) PERSONNEL, FACILITIES, AND OTHER RESOURCES.— 

(1) APPOINTMENT OF OFFICERS AND EMPLOYEES.—The Special Inspector General may select, appoint, and employ such 

officers and employees as may be necessary for carrying out 

the duties of the Special Inspector General, subject to the 

provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 

51 and subchapter III of chapter 53 of that title, relating 

to classification and General Schedule pay rates. 

(2) EXPERTS AND CONSULTANTS.—The Special Inspector 

General may obtain services as authorized under section 3109 

of title 5, United States Code, at daily rates not to exceed 

the equivalent rate prescribed for grade GS–15 of the General 

Schedule by section 5332 of that title. 

(3) CONTRACTS.—The Special Inspector General may enter 

into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private 

persons, and make such payments as may be necessary to 

carry out the duties of the Inspector General. 

(4) REQUESTS FOR INFORMATION.— 

(A) IN GENERAL.—Upon request of the Special Inspector 

General for information or assistance from any department, 

agency, or other entity of the Federal Government, the 

head of that department, agency, or entity shall, to the 

extent practicable and not in contravention of any existing 

law, furnish that information or assistance to the Special 

Inspector General, or an authorized designee. 

(B) REFUSAL TO PROVIDE REQUESTED INFORMATION.— Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special 

Inspector General, unreasonably refused or not provided, 

the Special Inspector General shall report the circumstances to the appropriate committees of Congress 

without delay. 

(f) REPORTS.— 

(1) QUARTERLY REPORTS.— 
H. R. 748—205 

(A) IN GENERAL.—Not later than 60 days after the 

date on which the Special Inspector General is confirmed, 

and once every calendar quarter thereafter, the Special 

Inspector General shall submit to the appropriate committees of Congress a report summarizing the activities of 

the Special Inspector General during the 3-month period 

ending on the date on which the Special Inspector General 

submits the report. 

(B) CONTENTS.—Each report submitted under subparagraph (A) shall include, for the period covered by the report, 

a detailed statement of all loans, loan guarantees, other 

transactions, obligations, expenditures, and revenues associated with any program established by the Secretary under 

section 4003, as well as the information collected under 

subsection (c)(1). 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

may be construed to authorize the public disclosure of information that is— 

(A) specifically prohibited from disclosure by any other 

provision of law; 

(B) specifically required by Executive order to be protected from disclosure in the interest of national defense 

or national security or in the conduct of foreign affairs; 

or 

(C) a part of an ongoing criminal investigation. 

(g) FUNDING.— 

(1) IN GENERAL.—Of the amounts made available to the 

Secretary under section 4027, $25,000,000 shall be made available to the Special Inspector General to carry out this section. 

(2) AVAILABILITY.—The amounts made available to the Special Inspector General under paragraph (1) shall remain available until expended. 

(h) TERMINATION.—The Office of the Special Inspector General 

shall terminate on the date 5 years after the enactment of this 

Act. 

(i) COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND

EFFICIENCY.—The Special Inspector General shall be a member 

of the Council of the Inspectors General on Integrity and Efficiency 

established under section 11 of the Inspector General Act of 1978 

(5 U.S.C. App.) until the date of termination of the Office of the 

Special Inspector General. 

(j) CORRECTIVE RESPONSES TO AUDIT PROBLEMS.—The Secretary shall— 

(1) take action to address deficiencies identified by a report 

or investigation of the Special Inspector General; or 

(2) with respect to a deficiency identified under paragraph 

(1), certify to the Committee on Banking, Housing, and Urban 

Affairs of the Senate, the Committee on Finance of the Senate, 

the Committee on Financial Services of the House of Representatives, and the Committee on Ways and Means of the House 

of Representatives that no action is necessary or appropriate. 

SEC. 4019. CONFLICTS OF INTEREST. 

(a) DEFINITIONS.—In this section: 

(1) CONTROLLING INTEREST.—The term ‘‘controlling 

interest’’ means owning, controlling, or holding not less than 
H. R. 748—206 

20 percent, by vote or value, of the outstanding amount of 

any class of equity interest in an entity. 

(2) COVERED ENTITY.—The term ‘‘covered entity’’ means 

an entity in which a covered individual directly or indirectly 

holds a controlling interest. For the purpose of determining 

whether an entity is a covered entity, the securities owned, 

controlled, or held by 2 or more individuals who are related 

as described in paragraph (3)(B) shall be aggregated. 

(3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 

means— 

(A) the President, the Vice President, the head of an 

Executive department, or a Member of Congress; and 

(B) the spouse, child, son-in-law, or daughter-in-law, 

as determined under applicable common law, of an individual described in subparagraph (A). 

(4) EXECUTIVE DEPARTMENT.—The term ‘‘Executive department’’ has the meaning given the term in section 101 of title 

5, United States Code. 

(5) MEMBER OF CONGRESS.—The term ‘‘member of Congress’’ means a member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the 

Resident Commissioner from Puerto Rico. 

(6) EQUITY INTEREST.—The term ‘‘equity interest’’ means— 

(A) a share in an entity, without regard to whether 

the share is— 

(i) transferable; or 

(ii) classified as stock or anything similar; 

(B) a capital or profit interest in a limited liability 

company or partnership; or 

(C) a warrant or right, other than a right to convert, 

to purchase, sell, or subscribe to a share or interest 

described in subparagraph (A) or (B), respectively. 

(b) PROHIBITION.—Notwithstanding any other provision of this 

subtitle, no covered entity may be eligible for any transaction 

described in section 4003. 

(c) REQUIREMENT.—The principal executive officer and the principal financial officer, or individuals performing similar functions, 

of an entity seeking to enter a transaction under section 4003 

shall, before that transaction is approved, certify to the Secretary 

and the Board of Governors of the Federal Reserve System that 

the entity is eligible to engage in that transaction, including that 

the entity is not a covered entity. 

SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION. 

(a) ESTABLISHMENT.—There is hereby established the Congressional Oversight Commission (hereafter in this section referred 

to as the ‘‘Oversight Commission’’) as an establishment in the 

legislative branch. 

(b) DUTIES.— 

(1) IN GENERAL.—The Oversight Commission shall— 

(A) conduct oversight of the implementation of this 

subtitle by the Department of the Treasury and the Board 

of Governors of the Federal Reserve System, including 

efforts of the Department and the Board to provide economic stability as a result of the coronavirus disease 2019 

(COVID–19) pandemic of 2020; 
H. R. 748—207 

(B) submit to Congress reports under paragraph (2); 

and 

(C) review the implementation of this subtitle by the 

Federal Government. 

(2) REGULAR REPORTS.— 

(A) IN GENERAL.—Reports of the Oversight Commission 

shall include the following: 

(i) The use by the Secretary and the Board of 

Governors of the Federal Reserve System of authority 

under this subtitle, including with respect to the use 

of contracting authority and administration of the 

provisions of this subtitle. 

(ii) The impact of loans, loan guarantees, and 

investments made under this subtitle on the financial 

well-being of the people of the United States and the 

United States economy, financial markets, and financial institutions. 

(iii) The extent to which the information made 

available on transactions under this subtitle has 

contributed to market transparency. 

(iv) The effectiveness of loans, loan guarantees, 

and investments made under this subtitle of minimizing long-term costs to the taxpayers and maximizing the benefits for taxpayers. 

(B) TIMING.—The reports required under this paragraph shall be submitted not later than 30 days after 

the first exercise by the Secretary and the Board of Governors of the Federal Reserve System of the authority 

under this subtitle and every 30 days thereafter. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—The Oversight Commission shall consist 

of 5 members as follows: 

(A) 1 member appointed by the Speaker of the House 

of Representatives. 

(B) 1 member appointed by the minority leader of 

the House of Representatives. 

(C) 1 member appointed by the majority leader of 

the Senate. 

(D) 1 member appointed by the minority leader of 

the Senate. 

(E) 1 member appointed as Chairperson by the Speaker 

of the House of Representatives and the majority leader 

of the Senate, after consultation with the minority leader 

of the Senate and the minority leader of the House of 

Representatives 

(2) PAY.—Each member of the Oversight Commission shall 

be paid at a rate equal to the daily equivalent of the annual 

rate of basic pay for level I of the Executive Schedule for 

each day (including travel time) during which such member 

is engaged in the actual performance of duties vested in the 

Oversight Commission. 

(3) PROHIBITION OF COMPENSATION OF FEDERAL

EMPLOYEES.—Members of the Oversight Commission who are 

full-time officers or employees of the United States may not 

receive additional pay, allowances, or benefits by reason of 

their service on the Oversight Commission. 
H. R. 748—208 

(4) TRAVEL EXPENSES.—Each member shall receive travel 

expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 

57 of title 5, United States Code. 

(5) QUORUM.—Four members of the Oversight Commission 

shall constitute a quorum but a lesser number may hold 

hearings. 

(6) VACANCIES.—A vacancy on the Oversight Commission 

shall be filled in the manner in which the original appointment 

was made. 

(7) MEETINGS.—The Oversight Commission shall meet at 

the call of the Chairperson or a majority of its members. 

(d) STAFF.— 

(1) IN GENERAL.—The Oversight Commission may appoint 

and fix the pay of any personnel as the Oversight Commission 

considers appropriate. 

(2) EXPERTS AND CONSULTANTS.—The Oversight Commission may procure temporary and intermittent services under 

section 3109(b) of title 5, United States Code. 

(3) STAFF OF AGENCIES.—Upon request of the Oversight 

Commission, the head of any Federal department or agency 

may detail, on a reimbursable basis, any of the personnel 

of that department or agency to the Oversight Commission 

to assist it in carrying out its duties under the this subtitle. 

(e) POWERS.— 

(1) HEARINGS AND EVIDENCE.—The Oversight Commission, 

or any subcommittee or member thereof, may, for the purpose 

of carrying out this section hold hearings, sit and act at times 

and places, take testimony, and receive evidence as the Oversight Commission considers appropriate and may administer 

oaths or affirmations to witnesses appearing before it. 

(2) CONTRACTING.—The Oversight Commission may, to 

such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Oversight Commission to discharge its duties under this section. 

(3) POWERS OF MEMBERS AND AGENTS.—Any member or 

agent of the Oversight Commission may, if authorized by the 

Oversight Commission, take any action which the Oversight 

Commission is authorized to take by this section. 

(4) OBTAINING OFFICIAL DATA.—The Oversight Commission 

may secure directly from any department or agency of the 

United States information necessary to enable it to carry out 

this section. Upon request of the Chairperson of the Oversight 

Commission, the head of that department or agency shall furnish that information to the Oversight Commission. 

(5) REPORTS.—The Oversight Commission shall receive and 

consider all reports required to be submitted to the Oversight 

Commission under this subtitle. 

(f) TERMINATION.—The Oversight Commission shall terminate 

on September 30, 2025. 

(g) FUNDING FOR EXPENSES.— (1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Oversight Commission such 

sums as may be necessary for any fiscal year, half of which 

shall be derived from the applicable account of the House 

of Representatives, and half of which shall be derived from 

the contingent fund of the Senate. 
H. R. 748—209 

(2) REIMBURSEMENT OF AMOUNTS.—An amount equal to 

the expenses of the Oversight Commission shall be promptly 

transferred by the Secretary and the Board of Governors of 

the Federal Reserve System, from time to time upon the 

presentment of a statement of such expenses by the Chairperson of the Oversight Commission, from funds made available 

to the Secretary under this subtitle to the applicable fund 

of the House of Representatives and the contingent fund of 

the Senate, as appropriate, as reimbursement for amounts 

expended from such account and fund under paragraph (1). 

SEC. 4021. CREDIT PROTECTION DURING COVID–19. 

Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 

1681s–2(a)(1)) is amended by adding at the end the following: 

‘‘(F) REPORTING INFORMATION DURING COVID–19 PANDEMIC.— 

‘‘(i) DEFINITIONS.—In this subsection: 

‘‘(I) ACCOMMODATION.—The term ‘accommodation’ includes an agreement to defer 1 or more 

payments, make a partial payment, forbear any 

delinquent amounts, modify a loan or contract, 

or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 

2019 (COVID–19) pandemic during the covered 

period. 

‘‘(II) COVERED PERIOD.—The term ‘covered 

period’ means the period beginning on January 

31, 2020 and ending on the later of— 

‘‘(aa) 120 days after the date of enactment 

of this subparagraph; or 

‘‘(bb) 120 days after the date on which 

the national emergency concerning the novel 

coronavirus disease (COVID–19) outbreak 

declared by the President on March 13, 2020 

under the National Emergencies Act (50 

U.S.C. 1601 et seq.) terminates. 

‘‘(ii) REPORTING.—Except as provided in clause (iii), 

if a furnisher makes an accommodation with respect 

to 1 or more payments on a credit obligation or account 

of a consumer, and the consumer makes the payments 

or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall— 

‘‘(I) report the credit obligation or account as 

current; or 

‘‘(II) if the credit obligation or account was 

delinquent before the accommodation— 

‘‘(aa) maintain the delinquent status 

during the period in which the accommodation 

is in effect; and 

‘‘(bb) if the consumer brings the credit 

obligation or account current during the period 

described in item (aa), report the credit obligation or account as current. 

‘‘(iii) EXCEPTION.—Clause (ii) shall not apply with 

respect to a credit obligation or account of a consumer 

that has been charged-off.’’. 
H. R. 748—210 

SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER RIGHT TO 

REQUEST FORBEARANCE. 

(a) DEFINITIONS.—In this section: 

(1) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emergency’’ means the national emergency concerning the novel 

coronavirus disease (COVID–19) outbreak declared by the 

President on March 13, 2020 under the National Emergencies 

Act (50 U.S.C. 1601 et seq.). 

(2) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Federally backed mortgage loan’’ includes any loan which is secured 

by a first or subordinate lien on residential real property 

(including individual units of condominiums and cooperatives) 

designed principally for the occupancy of from 1- to 4- families 

that is— 

(A) insured by the Federal Housing Administration 

under title II of the National Housing Act (12 U.S.C. 1707 

et seq.); 

(B) insured under section 255 of the National Housing 

Act (12 U.S.C. 1715z–20); 

(C) guaranteed under section 184 or 184A of the 

Housing and Community Development Act of 1992 (12 

U.S.C. 1715z–13a, 1715z–13b); 

(D) guaranteed or insured by the Department of Veterans Affairs; 

(E) guaranteed or insured by the Department of Agriculture; 

(F) made by the Department of Agriculture; or 

(G) purchased or securitized by the Federal Home Loan 

Mortgage Corporation or the Federal National Mortgage 

Association. 

(b) FORBEARANCE.— 

(1) IN GENERAL.—During the covered period, a borrower 

with a Federally backed mortgage loan experiencing a financial 

hardship due, directly or indirectly, to the COVID–19 emergency may request forbearance on the Federally backed mortgage loan, regardless of delinquency status, by— 

(A) submitting a request to the borrower’s servicer; 

and 

(B) affirming that the borrower is experiencing a financial hardship during the COVID–19 emergency. 

(2) DURATION OF FORBEARANCE.—Upon a request by a borrower for forbearance under paragraph (1), such forbearance 

shall be granted for up to 180 days, and shall be extended 

for an additional period of up to 180 days at the request 

of the borrower, provided that, at the borrower’s request, either 

the initial or extended period of forbearance may be shortened. 

(3) ACCRUAL OF INTEREST OR FEES.—During a period of 

forbearance described in this subsection, no fees, penalties, 

or interest beyond the amounts scheduled or calculated as 

if the borrower made all contractual payments on time and 

in full under the terms of the mortgage contract, shall accrue 

on the borrower’s account. 

(c) REQUIREMENTS FOR SERVICERS.— 

(1) IN GENERAL.—Upon receiving a request for forbearance 

from a borrower under subsection (b), the servicer shall with 

no additional documentation required other than the borrower’s 

attestation to a financial hardship caused by the COVID–19 
H. R. 748—211 

emergency and with no fees, penalties, or interest (beyond 

the amounts scheduled or calculated as if the borrower made 

all contractual payments on time and in full under the terms 

of the mortgage contract) charged to the borrower in connection 

with the forbearance, provide the forbearance for up to 180 

days, which may be extended for an additional period of up 

to 180 days at the request of the borrower, provided that, 

the borrower’s request for an extension is made during the 

covered period, and, at the borrower’s request, either the initial 

or extended period of forbearance may be shortened. 

(2) FORECLOSURE MORATORIUM.—Except with respect to a 

vacant or abandoned property, a servicer of a Federally backed 

mortgage loan may not initiate any judicial or non-judicial 

foreclosure process, move for a foreclosure judgment or order 

of sale, or execute a foreclosure-related eviction or foreclosure 

sale for not less than the 60-day period beginning on March 

18, 2020. 

SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES WITH FEDERALLY BACKED LOANS. 

(a) IN GENERAL.—During the covered period, a multifamily 

borrower with a Federally backed multifamily mortgage loan experiencing a financial hardship due, directly or indirectly, to the 

COVID–19 emergency may request a forbearance under the terms 

set forth in this section. 

(b) REQUEST FOR RELIEF.—A multifamily borrower with a Federally backed multifamily mortgage loan that was current on its 

payments as of February 1, 2020, may submit an oral or written 

request for forbearance under subsection (a) to the borrower’s 

servicer affirming that the multifamily borrower is experiencing 

a financial hardship during the COVID–19 emergency. 

(c) FORBEARANCE PERIOD.— 

(1) IN GENERAL.—Upon receipt of an oral or written request 

for forbearance from a multifamily borrower, a servicer shall— 

(A) document the financial hardship; 

(B) provide the forbearance for up to 30 days; and 

(C) extend the forbearance for up to 2 additional 30 

day periods upon the request of the borrower provided 

that, the borrower’s request for an extension is made during 

the covered period, and, at least 15 days prior to the 

end of the forbearance period described under subparagraph (B). 

(2) RIGHT TO DISCONTINUE.—A multifamily borrower shall 

have the option to discontinue the forbearance at any time. 

(d) RENTER PROTECTIONS DURING FORBEARANCE PERIOD.—A 

multifamily borrower that receives a forbearance under this section 

may not, for the duration of the forbearance— 

(1) evict or initiate the eviction of a tenant from a dwelling 

unit located in or on the applicable property solely for nonpayment of rent or other fees or charges; or 

(2) charge any late fees, penalties, or other charges to 

a tenant described in paragraph (1) for late payment of rent. 

(e) NOTICE.—A multifamily borrower that receives a forbearance under this section— 

(1) may not require a tenant to vacate a dwelling unit 

located in or on the applicable property before the date that 
H. R. 748—212 

is 30 days after the date on which the borrower provides 

the tenant with a notice to vacate; and 

(2) may not issue a notice to vacate under paragraph (1) 

until after the expiration of the forbearance. 

(f) DEFINITIONS.—In this section: 

(1) APPLICABLE PROPERTY.—The term ‘‘applicable property’’, 

with respect to a Federally backed multifamily mortgage loan, 

means the residential multifamily property against which the 

mortgage loan is secured by a lien. 

(2) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.— 

The term ‘‘Federally backed multifamily mortgage loan’’ 

includes any loan (other than temporary financing such as 

a construction loan) that— 

(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the 

occupancy of 5 or more families, including any such secured 

loan, the proceeds of which are used to prepay or pay 

off an existing loan secured by the same property; and 

(B) is made in whole or in part, or insured, guaranteed, 

supplemented, or assisted in any way, by any officer or 

agency of the Federal Government or under or in connection 

with a housing or urban development program administered by the Secretary of Housing and Urban Development 

or a housing or related program administered by any other 

such officer or agency, or is purchased or securitized by 

the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. 

(3) MULTIFAMILY BORROWER.—the term ‘‘multifamily borrower’’ means a borrower of a residential mortgage loan that 

is secured by a lien against a property comprising 5 or more 

dwelling units. 

(4) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emergency’’ means the national emergency concerning the novel 

coronavirus disease (COVID–19) outbreak declared by the 

President on March 13, 2020 under the National Emergencies 

Act (50 U.S.C. 1601 et seq.). 

(5) COVERED PERIOD.—The term ‘‘covered period’’ means 

the period beginning on the date of enactment of this Act 

and ending on the sooner of— 

(A) the termination date of the national emergency 

concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under 

the National Emergencies Act (50 U.S.C. 1601 et seq.); 

or 

(B) December 31, 2020. 

SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS. 

(a) DEFINITIONS.—In this section: 

(1) COVERED DWELLING.—The term ‘‘covered dwelling’’ 

means a dwelling that— 

(A) is occupied by a tenant— 

(i) pursuant to a residential lease; or 

(ii) without a lease or with a lease terminable 

under State law; and 

(B) is on or in a covered property. 

(2) COVERED PROPERTY.—The term ‘‘covered property’’ 

means any property that— 
H. R. 748—213 

(A) participates in— 

(i) a covered housing program (as defined in section 

41411(a) of the Violence Against Women Act of 1994 

(34 U.S.C. 12491(a))); or 

(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); 

or 

(B) has a— 

(i) Federally backed mortgage loan; or 

(ii) Federally backed multifamily mortgage loan. 

(3) DWELLING.—The term ‘‘dwelling’’— 

(A) has the meaning given the term in section 802 

of the Fair Housing Act (42 U.S.C. 3602); and 

(B) includes houses and dwellings described in section 

803(b) of such Act (42 U.S.C. 3603(b)). 

(4) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Federally backed mortgage loan’’ includes any loan (other than temporary financing such as a construction loan) that— 

(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured 

loan, the proceeds of which are used to prepay or pay 

off an existing loan secured by the same property; and 

(B) is made in whole or in part, or insured, guaranteed, 

supplemented, or assisted in any way, by any officer or 

agency of the Federal Government or under or in connection 

with a housing or urban development program administered by the Secretary of Housing and Urban Development 

or a housing or related program administered by any other 

such officer or agency, or is purchased or securitized by 

the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. 

(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.— 

The term ‘‘Federally backed multifamily mortgage loan’’ 

includes any loan (other than temporary financing such as 

a construction loan) that— 

(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the 

occupancy of 5 or more families, including any such secured 

loan, the proceeds of which are used to prepay or pay 

off an existing loan secured by the same property; and 

(B) is made in whole or in part, or insured, guaranteed, 

supplemented, or assisted in any way, by any officer or 

agency of the Federal Government or under or in connection 

with a housing or urban development program administered by the Secretary of Housing and Urban Development 

or a housing or related program administered by any other 

such officer or agency, or is purchased or securitized by 

the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. 

(b) MORATORIUM.—During the 120-day period beginning on the 

date of enactment of this Act, the lessor of a covered dwelling 

may not— 

(1) make, or cause to be made, any filing with the court 

of jurisdiction to initiate a legal action to recover possession 
H. R. 748—214 

of the covered dwelling from the tenant for nonpayment of 

rent or other fees or charges; or 

(2) charge fees, penalties, or other charges to the tenant 

related to such nonpayment of rent. 

(c) NOTICE.—The lessor of a covered dwelling unit— 

(1) may not require the tenant to vacate the covered 

dwelling unit before the date that is 30 days after the date 

on which the lessor provides the tenant with a notice to vacate; 

and 

(2) may not issue a notice to vacate under paragraph (1) 

until after the expiration of the period described in subsection 

(b). 

SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT. 

(a) IN GENERAL.—Neither the Secretary, nor any other actor, 

department, or agency of the Federal Government, shall condition 

the issuance of a loan or loan guarantee under paragraph (1), 

(2), or (3) of section 4003(b) of this subtitle on an air carrier’s 

or eligible business’s implementation of measures to enter into 

negotiations with the certified bargaining representative of a craft 

or class of employees of the air carrier or eligible business under 

the Railway Labor Act (45 U.S.C. 151 et seq.) or the National 

Labor Relations Act (29 U.S.C. 151 et seq.), regarding pay or other 

terms and conditions of employment. 

(b) PERIOD OF EFFECT.—With respect to an air carrier or eligible 

business to which the loan or loan guarantee is provided under 

this subtitle, this section shall be in effect with respect to the 

air carrier or eligible business beginning on the date on which 

the air carrier or eligible business is first issued such loan or 

loan guarantee and ending on the date that is 1 year after the 

loan or loan guarantee is no longer outstanding. 

SEC. 4026. REPORTS. 

(a) DISCLOSURE OF TRANSACTIONS.—Not later than 72 hours 

after any transaction by the Secretary under paragraph (1), (2), 

or (3) of section 4003(b), the Secretary shall publish on the website 

of the Department of the Treasury— 

(1) a plain-language description of the transaction, 

including the date of application, date of application approval, 

and identity of the counterparty; 

(2) the amount of the loan or loan guarantee; 

(3) the interest rate, conditions, and any other material 

or financial terms associated with the transaction, if applicable; 

and 

(4) a copy of the relevant and final term sheet, if applicable, 

and contract or other relevant documentation regarding the 

transaction. 

(b) REPORTS.— (1) TO CONGRESS.— 

(A) IN GENERAL.—In addition to such reports as are 

required under section 5302(c) of title 31, United States 

Code, not later than 7 days after the Secretary makes 

any loan or loan guarantee under paragraph (1), (2), or 

(3) of section 4003(b), the Secretary shall submit to the 

Chairmen and Ranking Members of the Committee on 

Banking, Housing, and Urban Affairs and the Committee 

on Finance of the Senate and the Chairmen and Ranking 

Members of the Committee on Financial Services and the 
H. R. 748—215 

Committee on Ways and Means of the House of Representatives a report summarizing— 

(i) an overview of actions taken by the Secretary 

under paragraph (1), (2) or (3) of section 4003(b) during 

such period; 

(ii) the actual obligation, expenditure, and 

disbursements of the funds during such period; and 

(iii) a detailed financial statement with respect 

to the exercise of authority under paragraph (1), (2) 

or (3) of section 4003(b) showing— 

(I) all loans and loan guarantees made, 

renewed, or restructured; 

(II) all transactions during such period, 

including the types of parties involved; 

(III) the nature of the assets purchased; 

(IV) a description of the vehicles established 

to exercise such authority; and 

(V) any or all repayment activity, delinquencies or defaults on loans and loan guarantees 

issued under paragraph (1), (2) or (3) of section 

4003(b). 

(B) PUBLICATION.—Not later than 7 days after the 

date on which the Secretary submits a report under 

subparagraph (A) to the committees of Congress described 

in such subparagraph, the Secretary shall publish such 

report on the website of the Department of the Treasury. 

(C) 30-DAY REPORTS.—Every 30 days during such time 

as a loan or loan guarantee under paragraph (1), (2), or 

(3) of section 4003(b) is outstanding, the Secretary shall 

publish on the website of the Department of the Treasury 

a report summarizing the information set forth in subparagraph (A). 

(2) BOARD OF GOVERNORS.— 

(A) IN GENERAL.—With respect to any program or 

facility described in paragraph (4) of section 4003(b), the 

Board of Governors of the Federal Reserve System shall 

provide to the Committee on Banking, Housing, and Urban 

Affairs of the Senate and the Committee on Financial Services of the House of Representatives such reports as are 

required to be provided under section 13(3) of the Federal 

Reserve Act (12 U.S.C. 343(3))— 

(i) not later than 7 days after the Board authorizes 

a new facility or other financial assistance in accordance with section 13(3)(C)(i) of the Federal Reserve 

Act (12 U.S.C. 343(3)(C)(i)); and 

(ii) once every 30 days with respect to outstanding 

loans or financial assistance in accordance with section 

13(3)(C)(ii) of the Federal Reserve Act (12 U.S.C. 

343(3)(C)(ii)). 

(B) PUBLICATION.—Not later than 7 days after the 

Board of Governors of the Federal Reserve System submits 

a report under subparagraph (A) to the committees of Congress described in subparagraph (A), the Board shall publish on its website such report. 

(c) TESTIMONY.—The Secretary and the Chairman of the Board 

of Governors of the Federal Reserve System shall testify, on a 

quarterly basis, before the Committee on Banking, Housing, and 
H. R. 748—216 

Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding the obligations of 

the Department of the Treasury and the Federal Reserve System, 

and transactions entered into, under this Act. 

(d) PROGRAM DESCRIPTIONS.—The Secretary shall post on the 

website of the Department of the Treasury all criteria, guidelines, 

eligibility requirements, and application materials for the making 

of any loan or loan guarantee under paragraph (1), (2), or (3) 

of section 4003(b). 

(e) ADMINISTRATIVE CONTRACTS.—Not later than 24 hours after 

the Secretary enters into a contract in connection with the administration of any loan or loan guarantee authorized to be made under 

paragraph (1), (2), or (3) of section 4003(b), the Secretary shall 

post on the website of the Department of the Treasury a copy 

of the contract. 

(f) GOVERNMENT ACCOUNTABILITY OFFICE.— 

(1) STUDY.—The Comptroller General of the United States 

shall conduct a study on the loans, loan guarantees, and other 

investments provided under section 4003. 

(2) REPORT.—Not later than 9 months after the date of 

enactment of this Act, and annually thereafter through the 

year succeeding the last year for which loans, loan guarantees, 

or other investments made under section 4003 are outstanding, 

the Comptroller General shall submit to the Committee on 

Financial Services, the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee 

on the Budget of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs, the Committee 

on Commerce, Science, and Transportation, the Committee on 

Appropriations, and the Committee on the Budget of the Senate 

a report on the loans, loan guarantees, and other investments 

made under section 4003. 

SEC. 4027. DIRECT APPROPRIATION. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

there is appropriated, out of amounts in the Treasury not otherwise 

appropriated, to the fund established under section 5302(a)(1) of 

title 31, United States Code, $500,000,000,000 to carry out this 

subtitle. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 5302(a) 

of title 31, United States Code, is amended— 

(1) by striking ‘‘and’’ before ‘‘section 3’’; and 

(2) by inserting ‘‘and the Coronavirus Economic Stabilization Act of 2020,’’ before ‘‘and for investing’’. 

(c) CLARIFICATION.— 

(1) IN GENERAL.—On or after January 1, 2021, any 

remaining funds made available under section 4003(b) may 

be used only for— 

(A) modifications, restructurings, or other amendments 

of loans, loan guarantees, or other investments in accordance with section 4029(b)(1); and 

(B) exercising any options, warrants, or other investments made prior to January 1, 2021; and 

(C) paying costs and administrative expenses as provided in section 4003(f). 
H. R. 748—217 

(2) DEFICIT REDUCTION.—On January 1, 2026, any funds 

described in paragraph (1) that are remaining shall be transferred to the general fund of the Treasury to be used for 

deficit reduction. 

SEC. 4028. RULE OF CONSTRUCTION. 

Nothing in this subtitle shall be construed to allow the Secretary to provide relief to eligible businesses, States, and municipalities except in the form of loans, loan guarantees, and other investments as provided in this subtitle and under terms and conditions 

that are in the interest of the Federal Government. 

SEC. 4029. TERMINATION OF AUTHORITY. 

(a) IN GENERAL.—Except as provided in subsection (b), on 

December 31, 2020, the authority provided under this subtitle to 

make new loans, loan guarantees, or other investments shall terminate. 

(b) OUTSTANDING.— (1) IN GENERAL.—Except as provided in paragraph (2), any 

loan, loan guarantee, or other investment outstanding on the 

date described in subsection (a)— 

(A) may be modified, restructured, or otherwise 

amended; and 

(B) may not be forgiven. 

(2) DURATION.—The duration of any loan or loan guarantee 

made under section 4003(b)(1) that is modified, restructured, 

or otherwise amended under paragraph (1) shall not be 

extended beyond 5 years from the initial origination date of 

the loan or loan guarantee. 

Subtitle B—Air Carrier Worker Support 

SEC. 4111. DEFINITIONS. 

Unless otherwise specified, the terms in section 40102(a) of 

title 49, United States Code, shall apply to this subtitle, except 

that— 

(1) the term ‘‘airline catering employee’’ means an employee 

who performs airline catering services; 

(2) the term ‘‘airline catering services’’ means preparation, 

assembly, or both, of food, beverages, provisions and related 

supplies for delivery, and the delivery of such items, directly 

to aircraft or to a location on or near airport property for 

subsequent delivery to aircraft; 

(3) the term ‘‘contractor’’ means— 

(A) a person that performs, under contract with a 

passenger air carrier conducting operations under part 121 

of title 14, Code of Federal Regulations— 

(i) catering functions; or 

(ii) functions on the property of an airport that 

are directly related to the air transportation of persons, 

property, or mail, including but not limited to the 

loading and unloading of property on aircraft; assistance to passengers under part 382 of title 14, Code 

of Federal Regulations; security; airport ticketing and 

check-in functions; ground-handling of aircraft; or aircraft cleaning and sanitization functions and waste 

removal; or 
H. R. 748—218 

(B) a subcontractor that performs such functions; 

(4) the term ‘‘employee’’ means an individual, other than 

a corporate officer, who is employed by an air carrier or a 

contractor; and 

(5) the term ‘‘Secretary’’ means the Secretary of the 

Treasury. 

SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS. 

(a) FINANCIAL ASSISTANCE FOR EMPLOYEE WAGES, SALARIES, 

AND BENEFITS.—Notwithstanding any other provision of law, to 

preserve aviation jobs and compensate air carrier industry workers, 

the Secretary shall provide financial assistance that shall exclusively be used for the continuation of payment of employee wages, 

salaries, and benefits to— 

(1) passenger air carriers, in an aggregate amount up to 

$25,000,000,000; 

(2) cargo air carriers, in the aggregate amount up to 

$4,000,000,000; and 

(3) contractors, in an aggregate amount up to 

$3,000,000,000. 

(b) ADMINISTRATIVE EXPENSES.—Notwithstanding any other 

provision of law, the Secretary, may use $100,000,000 of the funds 

made available under section 4120(a) for costs and administrative 

expenses associated with providing financial assistance under this 

subtitle. 

SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUPPORT. 

(a) AWARDABLE AMOUNTS.—The Secretary shall provide financial assistance under this subtitle— 

(1) to an air carrier in an amount equal to the salaries 

and benefits reported by the air carrier to the Department 

of Transportation pursuant to part 241 of title 14, Code of 

Federal Regulations, for the period from April 1, 2019, through 

September 30, 2019; and 

(2) to an air carrier that does not transmit reports under 

such part 241, in an amount that such air carrier certifies, 

using sworn financial statements or other appropriate data, 

as the amount of wages, salaries, benefits, and other compensation that such air carrier paid the employees of such air carrier 

during the period from April 1, 2019, through September 30, 

2019; and 

(3) to a contractor, in an amount that the contractor certifies, using sworn financial statements or other appropriate 

data, as the amount of wages, salaries, benefits, and other 

compensation that such contractor paid the employees of such 

contractor during the period from April 1, 2019, through September 30, 2019. 

(b) DEADLINES AND PROCEDURES.— 

(1) IN GENERAL.— 

(A) FORMS; TERMS AND CONDITIONS.—Financial assistance provided to an air carrier or contractor under this 

subtitle shall be in such form, on such terms and conditions 

(including requirements for audits and the clawback of 

any financial assistance provided upon failure by a passenger air carrier, cargo air carrier, or contractor to honor 

the assurances specified in section 4114), as the Secretary 

determines appropriate. 
H. R. 748—219 

(B) PROCEDURES.—The Secretary shall publish streamlined and expedited procedures not later than 5 days after 

the date of enactment of this Act for air carriers and 

contractors to submit requests for financial assistance 

under this subtitle. 

(2) DEADLINE FOR IMMEDIATE PAYROLL ASSISTANCE.—Not 

later than 10 days after the date of enactment of this Act, 

the Secretary shall make initial payments to air carriers and 

contractors that submit requests for financial assistance 

approved by to the Secretary. 

(3) SUBSEQUENT PAYMENTS.—The Secretary shall determine 

an appropriate method for timely distribution of payments to 

air carriers and contractors with approved requests for financial 

assistance from any funds remaining available after providing 

initial financial assistance payments under paragraph (2). 

(c) PRO RATA AUTHORITY.—The Secretary shall have the 

authority to reduce, on a pro rata basis, the amounts due to air 

carriers and contractors under the applicable paragraph of section 

4112 in order to address any shortfall in assistance that would 

otherwise be provided under such section. 

(d) AUDITS.—The Inspector General of the Department of the 

Treasury shall audit certifications made under subsection (a). 

SEC. 4114. REQUIRED ASSURANCES. 

(a) IN GENERAL.—To be eligible for financial assistance under 

this subtitle, an air carrier or contractor shall enter into an agreement with the Secretary, or otherwise certify in such form and 

manner as the Secretary shall prescribe, that the air carrier or 

contractor shall— 

(1) refrain from conducting involuntary furloughs or 

reducing pay rates and benefits until September 30, 2020; 

(2) through September 30, 2021, ensure that neither the 

air carrier or contractor nor any affiliate of the air carrier 

or contractor may, in any transaction, purchase an equity security of the air carrier or contractor or the parent company 

of the air carrier or contractor that is listed on a national 

securities exchange; 

(3) through September 30, 2021, ensure that the air carrier 

or contractor shall not pay dividends, or make other capital 

distributions, with respect to the common stock (or equivalent 

interest) of the air carrier or contractor; and 

(4) meet the requirements of sections 4115 and 4116. 

(b) DEPARTMENT OF TRANSPORTATION AUTHORITY TO CONDITION

ASSISTANCE ON CONTINUATION OF SERVICE.— 

(1) IN GENERAL.—The Secretary of Transportation is 

authorized to require, to the extent reasonable and practicable, 

an air carrier provided financial assistance under this subtitle 

to maintain scheduled air transportation service, as the Secretary of Transportation deems necessary, to ensure services 

to any point served by that carrier before March 1, 2020. 

(2) REQUIRED CONSIDERATIONS.—When considering whether 

to exercise the authority provided by this section, the Secretary 

of Transportation shall take into consideration the air transportation needs of small and remote communities and the need 

to maintain well-functioning health care supply chains, 

including medical devices and supplies, and pharmaceutical 

supply chains. 
H. R. 748—220 

(3) SUNSET.—The authority provided under this subsection 

shall terminate on March 1, 2022, and any requirements issued 

by the Secretary of Transportation under this subsection shall 

cease to apply after that date. 

SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT. 

(a) IN GENERAL.—Neither the Secretary, nor any other actor, 

department, or agency of the Federal Government, shall condition 

the issuance of financial assistance under this subtitle on an air 

carrier’s or contractor’s implementation of measures to enter into 

negotiations with the certified bargaining representative of a craft 

or class of employees of the air carrier or contractor under the 

Railway Labor Act (45 U.S.C. 151 et seq.) or the National Labor 

Relations Act (29 U.S.C. 151 et seq.), regarding pay or other terms 

and conditions of employment. 

(b) PERIOD OF EFFECT.—With respect to an air carrier or contractor to which financial assistance is provided under this subtitle, 

this section shall be in effect with respect to the air carrier or 

contractor beginning on the date on which the air carrier or contractor is first issued such financial assistance and ending on September 30, 2020. 

SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION. 

(a) IN GENERAL.—The Secretary may only provide financial 

assistance under this subtitle to an air carrier or contractor after 

such carrier or contractor enters into an agreement with the Secretary which provides that, during the 2-year period beginning 

March 24, 2020, and ending March 24, 2022, no officer or employee 

of the air carrier or contractor whose total compensation exceeded 

$425,000 in calendar year 2019 (other than an employee whose 

compensation is determined through an existing collective bargaining agreement entered into prior to enactment of this Act)— 

(1) will receive from the air carrier or contractor total 

compensation which exceeds, during any 12 consecutive months 

of such 2-year period, the total compensation received by the 

officer or employee from the air carrier or contractor in calendar 

year 2019; 

(2) will receive from the air carrier or contractor severance 

pay or other benefits upon termination of employment with 

the air carrier or contractor which exceeds twice the maximum 

total compensation received by the officer or employee from 

the air carrier or contractor in calendar year 2019; and 

(3) no officer or employee of the eligible business whose 

total compensation exceeded $3,000,000 in calendar year 2019 

may receive during any 12 consecutive months of such period 

total compensation in excess of the sum of— 

(A) $3,000,000; and 

(B) 50 percent of the excess over $3,000,000 of the 

total compensation received by the officer or employee from 

the eligible business in calendar year 2019. 

(b) TOTAL COMPENSATION DEFINED.—In this section, the term 

‘‘total compensation’’ includes salary, bonuses, awards of stock, and 

other financial benefits provided by an air carrier or contractor 

to an officer or employee of the air carrier or contractor. 

SEC. 4117. TAX PAYER PROTECTION. 

The Secretary may receive warrants, options, preferred stock, 

debt securities, notes, or other financial instruments issued by 
H. R. 748—221 

recipients of financial assistance under this subtitle which, in the 

sole determination of the Secretary, provide appropriate compensation to the Federal Government for the provision of the financial 

assistance. 

SEC. 4118. REPORTS. 

(a) REPORT.—Not later than November 1, 2020, the Secretary 

shall submit to the Committee on Transportation and Infrastructure 

and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs 

of the Senate a report on the financial assistance provided to 

air carriers and contractors under this subtitle, including a description of any financial assistance provided. 

(b) UPDATE.—Not later than the last day of the 1-year period 

following the date of enactment of this Act, the Secretary shall 

update and submit to the Committee on Transportation and the 

Committee on Financial Services and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation and the Committee on Banking, Housing, and Urban 

Affairs of the Senate the report described in subsection (a). 

SEC. 4119. COORDINATION. 

In implementing this subtitle the Secretary shall coordinate 

with the Secretary of Transportation. 

SEC. 4120. DIRECT APPROPRIATION. 

Notwithstanding any other provision of law, there is appropriated, out of amounts in the Treasury not otherwise appropriated, 

$32,000,000,000 to carry out this subtitle. 

TITLE V—CORONAVIRUS RELIEF FUNDS 

SEC. 5001. CORONAVIRUS RELIEF FUND. 

(a) IN GENERAL.—The Social Security Act (42 U.S.C. 301 et 

seq.) is amended by inserting after title V the following: 

‘‘TITLE VI—CORONAVIRUS RELIEF 

FUND 

‘‘SEC. 601. CORONAVIRUS RELIEF FUND. 

‘‘(a) APPROPRIATION.— 

‘‘(1) IN GENERAL.—Out of any money in the Treasury of 

the United States not otherwise appropriated, there are appropriated for making payments to States, Tribal governments, 

and units of local government under this section, 

$150,000,000,000 for fiscal year 2020. 

‘‘(2) RESERVATION OF FUNDS.—Of the amount appropriated 

under paragraph (1), the Secretary shall reserve— 

‘‘(A) $3,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of 

Puerto Rico, the United States Virgin Islands, Guam, the 

Commonwealth of the Northern Mariana Islands, and 

American Samoa; and 
H. R. 748—222 

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

‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than 

30 days after the date of enactment of this section, the Secretary 

shall pay each State and Tribal government, and each unit 

of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2020 under 

subsection (c). 

‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL GOVERNMENT.— 

If a unit of local government of a State submits the certification 

required by subsection (e) for purposes of receiving a direct 

payment from the Secretary under the authority of this paragraph, the Secretary shall reduce the amount determined for 

that State by the relative unit of local government population 

proportion amount described in subsection (c)(5) and pay such 

amount directly to such unit of local government. 

‘‘(c) PAYMENT AMOUNTS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the amount 

paid under this section for fiscal year 2020 to a State that 

is 1 of the 50 States shall be the amount equal to the relative 

population proportion amount determined for the State under 

paragraph (3) for such fiscal year. 

‘‘(2) MINIMUM PAYMENT.— 

‘‘(A) IN GENERAL.—No State that is 1 of the 50 States 

shall receive a payment under this section for fiscal year 

2020 that is less than $1,250,000,000. 

‘‘(B) PRO RATA ADJUSTMENTS.—The Secretary shall 

adjust on a pro rata basis the amount of the payments 

for each of the 50 States determined under this subsection 

without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph 

(A). 

‘‘(3) RELATIVE POPULATION PROPORTION AMOUNT.—For purposes of paragraph (1), the relative population proportion 

amount determined under this paragraph for a State for fiscal 

year 2020 is the product of— 

‘‘(A) the amount appropriated under paragraph (1) of 

subsection (a) for fiscal year 2020 that remains after the 

application of paragraph (2) of that subsection; and 

‘‘(B) the relative State population proportion (as defined 

in paragraph (4)). 

‘‘(4) RELATIVE STATE POPULATION PROPORTION DEFINED.— 

For purposes of paragraph (3)(B), the term ‘relative State population proportion’ means, with respect to a State, the quotient 

of— 

‘‘(A) the population of the State; and 

‘‘(B) the total population of all States (excluding the 

District of Columbia and territories specified in subsection 

(a)(2)(A)). 

‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT POPULATION

PROPORTION AMOUNT.—For purposes of subsection (b)(2), the 

term ‘relative unit of local government population proportion 

amount’ means, with respect to a unit of local government 

and a State, the amount equal to the product of— 
H. R. 748—223 

‘‘(A) 45 percent of the amount of the payment determined for the State under this subsection (without regard 

to this paragraph); and 

‘‘(B) the amount equal to the quotient of— 

‘‘(i) the population of the unit of local government; 

and 

‘‘(ii) the total population of the State in which 

the unit of local government is located. 

‘‘(6) DISTRICT OF COLUMBIA AND TERRITORIES.—The amount 

paid under this section for fiscal year 2020 to a State that 

is the District of Columbia or a territory specified in subsection 

(a)(2)(A) shall be the amount equal to the product of— 

‘‘(A) the amount set aside under subsection (a)(2)(A) 

for such fiscal year; and 

‘‘(B) each such District’s and territory’s share of the 

combined total population of the District of Columbia and 

all such territories, as determined by the Secretary. 

‘‘(7) TRIBAL GOVERNMENTS.—From the amount set aside 

under subsection (a)(2)(B) for fiscal year 2020, the amount 

paid under this section for fiscal year 2020 to a Tribal government shall be the amount the Secretary shall determine, in 

consultation with the Secretary of the Interior and Indian 

Tribes, that is based on increased expenditures of each such 

Tribal government (or a tribally-owned entity of such Tribal 

government) relative to aggregate expenditures in fiscal year 

2019 by the Tribal government (or tribally-owned entity) and 

determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection 

(a)(2)(B) for fiscal year 2020 are distributed to Tribal governments. 

‘‘(8) DATA.—For purposes of this subsection, the population 

of States and units of local governments shall be determined 

based on the most recent year for which data are available 

from the Bureau of the Census. 

‘‘(d) USE OF FUNDS.—A State, Tribal government, and unit 

of local government shall use the funds provided under a payment 

made under this section to cover only those costs of the State, 

Tribal government, or unit of local government that— 

‘‘(1) are necessary expenditures incurred due to the public 

health emergency with respect to the Coronavirus Disease 2019 

(COVID–19); 

‘‘(2) were not accounted for in the budget most recently 

approved as of the date of enactment of this section for the 

State or government; and 

‘‘(3) were incurred during the period that begins on March 

1, 2020, and ends on December 30, 2020. 

‘‘(e) CERTIFICATION.—In order to receive a payment under this 

section, a unit of local government shall provide the Secretary 

with a certification signed by the Chief Executive for the unit 

of local government that the local government’s proposed uses of 

the funds are consistent with subsection (d). 

‘‘(f) INSPECTOR GENERAL OVERSIGHT; RECOUPMENT.— 

‘‘(1) OVERSIGHT AUTHORITY.—The Inspector General of the 

Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made 

available under this section. 
H. R. 748—224 

‘‘(2) RECOUPMENT.—If the Inspector General of the Department of the Treasury determines that a State, Tribal government, or unit of local government has failed to comply with 

subsection (d), the amount equal to the amount of funds used 

in violation of such subsection shall be booked as a debt of 

such entity owed to the Federal Government. Amounts recovered under this subsection shall be deposited into the general 

fund of the Treasury. 

‘‘(3) APPROPRIATION.—Out of any money in the Treasury 

of the United States not otherwise appropriated, there are 

appropriated to the Office of the Inspector General of the 

Department of the Treasury, $35,000,000 to carry out oversight 

and recoupment activities under this subsection. Amounts 

appropriated under the preceding sentence shall remain available until expended. 

‘‘(4) AUTHORITY OF INSPECTOR GENERAL.—Nothing in this 

subsection shall be construed to diminish the authority of any 

Inspector General, including such authority as provided in the 

Inspector General Act of 1978 (5 U.S.C. App.). 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the 

meaning given that term in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

5304(e)). 

‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of local government’ means a county, municipality, town, township, village, 

parish, borough, or other unit of general government below 

the State level with a population that exceeds 500,000. 

‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary 

of the Treasury. 

‘‘(4) STATE.—The term ‘State’ means the 50 States, the 

District of Columbia, the Commonwealth of Puerto Rico, the 

United States Virgin Islands, Guam, the Commonwealth of 

the Northern Mariana Islands, and American Samoa. 

‘‘(5) TRIBAL GOVERNMENT.—The term ‘Tribal government’ 

means the recognized governing body of an Indian Tribe.’’. 

(b) APPLICATION OF PROVISIONS.—Amounts appropriated for 

fiscal year 2020 under section 601(a)(1) of the Social Security Act 

(as added by subsection (a)) shall be subject to the requirements 

contained in Public Law 116–94 for funds for programs authorized 

under sections 330 through 340 of the Public Health Service Act 

(42 U.S.C. 254 through 256). 

TITLE VI—MISCELLANEOUS 

PROVISIONS 

SEC. 6001. COVID–19 BORROWING AUTHORITY FOR THE UNITED 

STATES POSTAL SERVICE. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘COVID–19 emergency’’ means the emergency 

involving Federal primary responsibility determined to exist 

by the President under section 501(b) of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5191(b)) with respect to the Coronavirus Disease 2019 (COVID– 

19); and 
H. R. 748—225 

(2) the term ‘‘Postal Service’’ means the United States 

Postal Service. 

(b) ADDITIONAL BORROWING AUTHORITY.—Notwithstanding section 2005 of title 39, United States Code, or any other provision 

of law, if the Postal Service determines that, due to the COVID– 

19 emergency, the Postal Service will not be able to fund operating 

expenses without borrowing money— 

(1) the Postal Service may borrow money from the Treasury 

in an amount not to exceed $10,000,000,000— 

(A) to be used for such operating expenses; and 

(B) which may not be used to pay any outstanding 

debt of the Postal Service; and 

(2) the Secretary of the Treasury may lend up to the 

amount described in paragraph (1) at the request of the Postal 

Service, upon terms and conditions mutually agreed upon by 

the Secretary and the Postal Service. 

(c) PRIORITIZATION OF DELIVERY FOR MEDICAL PURPOSES

DURING COVID–19 EMERGENCY.—Notwithstanding any other provision of law, during the COVID–19 emergency, the Postal Service— 

(1) shall prioritize delivery of postal products for medical 

purposes; and 

(2) may establish temporary delivery points, in such form 

and manner as the Postal Service determines necessary, to 

protect employees of the Postal Service and individuals 

receiving deliveries from the Postal Service. 

SEC. 6002. EMERGENCY DESIGNATION. 

(a) IN GENERAL.—The amounts provided under this division 

are designated as an emergency requirement pursuant to section 

4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

(b) DESIGNATION IN SENATE.—In the Senate, this division is 

designated as an emergency requirement pursuant to section 

4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 

DIVISION B—EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH 

RESPONSE AND AGENCY OPERATIONS 

The following sums are hereby are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2020, and for other purposes, namely: 

TITLE I 

AGRICULTURAL PROGRAMS 

OFFICE OF THE SECRETARY

For an additional amount for the ‘‘Office of the Secretary’’, 

$9,500,000,000, to remain available until expended, to prevent, 

prepare for, and respond to coronavirus by providing support for 

agricultural producers impacted by coronavirus, including producers 

of specialty crops, producers that supply local food systems, 

including farmers markets, restaurants, and schools, and livestock 

producers, including dairy producers: Provided, That such amount 
H. R. 748—226 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, $750,000, to remain available until September 30, 2021, to prevent, 

prepare for, and respond to coronavirus, domestically or internationally: Provided, That the funding made available under this heading 

in this Act shall be used for conducting audits and investigations 

of projects and activities carried out with funds made available 

in this Act to the Department of Agriculture to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$55,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for necessary expenses for salary costs associated with the Agriculture Quarantine and Inspection Program: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

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

$45,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including necessary expenses for salary costs associated 

with commodity grading, inspection, and audit activities: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

FOOD SAFETY AND INSPECTION SERVICE

For an additional amount for ‘‘Food Safety and Inspection 

Service’’, $33,000,000, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, including for support of temporary and intermittent workers, relocation of inspectors, and, notwithstanding 21 

U.S.C. 468, 695 and 1053 and 7 U.S.C. 2219a, costs of overtime 

inspectors under the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act: Provided, 

That such amount is designated by the Congress as being for 
H. R. 748—227 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

FARM PRODUCTION AND CONSERVATION PROGRAMS 

FARM SERVICE AGENCY

For an additional amount for ‘‘Salaries and Expenses’’, 

$3,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including necessary expenses to hire temporary staff 

and overtime expenses: Provided, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

RURAL DEVELOPMENT PROGRAMS 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

For an additional amount for ‘‘Rural Business Program 

Account’’, $20,500,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, for the 

cost of loans for rural business development programs authorized 

by section 310B and described in subsection (g) of section 310B 

of the Consolidated Farm and Rural Development Act: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

RURAL UTILITIES SERVICE

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For an additional amount for ‘‘Distance Learning, Telemedicine, 

and Broadband Program’’, $25,000,000, to remain available until 

expended, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally, for telemedicine and distance 

learning services in rural areas, as authorized by 7 U.S.C. 950aaa 

et seq.: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

DOMESTIC FOOD PROGRAMS 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

For an additional amount for ‘‘Child Nutrition Programs’’, 

$8,800,000,000 to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally: Provided, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 
H. R. 748—228 

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

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For an additional amount for ‘‘Supplemental Nutrition Assist- ance Program’’, $15,810,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That of the amount pro- vided under this heading in this Act, $15,510,000,000 shall be 

placed in a contingency reserve to be allocated as the Secretary 

deems necessary to support participation should cost or participation exceed budget estimates to prevent, prepare for, and respond 

to coronavirus: Provided further, That of the amount provided under this heading in this Act, $100,000,000 shall be for the food distribution program on Indian reservations program as authorized by 

Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) 

and Section 4(a) of the Agriculture and Consumer Protection Act 

of 1973 (7 U.S.C. 1431) to prevent, prepare for, and respond to 

coronavirus, of which $50,000,000 shall be for facility improvements 

and equipment upgrades and of which $50,000,000 shall be for 

the costs relating to additional food purchases: Provided further, That of the amount provided under this heading in this Act, 

$200,000,000 to remain available through September 30, 2021, shall 

be available for the Secretary of Agriculture to provide grants 

to the Commonwealth of the Northern Mariana Islands, Puerto 

Rico, and American Samoa for nutrition assistance to prevent, 

prepare for, and respond to coronavirus, domestically or internationally: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

COMMODITY ASSISTANCE PROGRAM

For an additional amount for ‘‘Commodity Assistance Program’’, 

$450,000,000, to remain available through September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, for the emergency food assistance program as 

authorized by section 27(a) of the Food and Nutrition Act of 2008 

(7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food 

Assistance Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, That of 

the funds made available, the Secretary may use up to $150,000,000 

for costs associated with the distribution of commodities: Provided 

further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$4,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including necessary expenses to relocate employees and 
H. R. 748—229 

their dependents back from overseas posts: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $80,000,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

including funds for the development of necessary medical countermeasures and vaccines, advanced manufacturing for medical products, the monitoring of medical product supply chains, and related 

administrative activities: Provided, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

(INCLUDING TRANSFER OF FUNDS)

SEC. 11001. Of the funds made available to the Rural Development mission area in this title, and in addition to funds otherwise 

made available for such purpose, not more than 3 percent may 

be used for administrative costs to carry out loan, loan guarantee 

and grant activities funded in this title to prevent, prepare for, 

and respond to coronavirus, domestically or internationally: Provided, That such funds shall be transferred to, and merged with, 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’ 

and, once transferred, shall be used only to prevent, prepare for, 

and respond to coronavirus, domestically or internationally: Provided further, that this transfer authority is in addition to any 

other transfer authority provided by law. 

COMMODITY CREDIT CORPORATION

REIMBURSEMENT OF PRESENT NET REALIZED LOSSES

SEC. 11002. Of the amounts provided in the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) under the 

heading ‘‘Commodity Credit Corporation Fund—Reimbursement for 

Net Realized Losses’’, $14,000,000,000, may be used, prior to the 

completion of the report described in 15 U.S.C. 713a–11, to 

reimburse the Commodity Credit Corporation for net realized losses 

sustained, but not previously reimbursed, as reflected in the June 

2020 report of its financial condition: Provided, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 
H. R. 748—230 

SEC. 11003. The Secretary may extend the term of a marketing 

assistance loan authorized by section 1201 of the Agricultural Act 

of 2014 (7 U.S.C. 9033) for any loan commodity to 12 months: 

Provided, That the authority made available pursuant to this section shall expire on September 30, 2020: Provided further, That 

the amount provided by this section is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

SEC. 11004. For an additional amount for grants under the 

pilot program established under section 779 of Public Law 115– 

141, to prevent, prepare for, and respond to coronavirus, 

$100,000,000, to remain available until September 30, 2021: Provided, That at least 90 percent of the households to be served 

by a project receiving a grant shall be in a rural area without 

sufficient access to broadband: Provided further, That for purposes 

of such pilot program, a rural area without sufficient access to 

broadband shall be defined as 10 Mbps downstream and 1 Mbps 

upstream, and such definition shall be reevaluated and redefined, 

as necessary, on an annual basis by the Secretary of Agriculture: 

Provided further, That an entity to which a grant is made under 

the pilot program shall not use a grant to overbuild or duplicate 

broadband expansion efforts made by any entity that has received 

a broadband loan from the Rural Utilities Service: Provided further, That priority consideration for grants shall be given to previous 

applicants now eligible as a result of adjusted eligibility requirements: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

TITLE II 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

Pursuant to section 703 of the Public Works and Economic 

Development Act (42 U.S.C. 3233), for an additional amount for 

‘‘Economic Development Assistance Programs’’, $1,500,000,000, to 

remain available until September 30, 2022, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

including for necessary expenses for responding to economic injury 

as a result of coronavirus: Provided, That such amount shall be 

for economic adjustment assistance as authorized by section 209 

of the Public Works and Economic Development Act of 1965 (42 

U.S.C. 3149): Provided further, That within the amount appropriated under this heading in this Act, up to 2 percent of funds 

may be transferred to the ‘‘Salaries and Expenses’’ account for 

administration and oversight activities related to preventing, preparing for, and responding to coronavirus: Provided further, That 

the Secretary of Commerce is authorized to appoint and fix the 

compensation of such temporary personnel as may be necessary 

to implement the requirements under this heading in this Act 
H. R. 748—231 

to prevent, prepare for, and respond to coronavirus, without regard 

to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That the Secretary 

of Commerce is authorized to appoint such temporary personnel, 

after serving continuously for 2 years, to positions in the Economic 

Development Administration in the same manner that competitive 

service employees with competitive status are considered for 

transfer, reassignment, or promotion to such positions and an individual appointed under this provision shall become a career-conditional employee, unless the employee has already completed the 

service requirements for career tenure: Provided further, That 

within the amount appropriated under this heading in this Act, 

$3,000,000 shall be transferred to the ‘‘Office of Inspector General’’ 

account for carrying out investigations and audits related to the 

funding provided to prevent, prepare for, and respond to coronavirus 

under this heading in this Act: Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For an additional amount for ‘‘Scientific and Technical Research 

and Services’’, $6,000,000, to remain available until September, 

30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, by supporting continuity of operations, 

including measurement science to support viral testing and biomanufacturing: Provided, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

INDUSTRIAL TECHNOLOGY SERVICES

For an additional amount for ‘‘Industrial Technology Services’’, 

$60,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That of the amount provided under this 

heading in this Act, $50,000,000 shall be for the Hollings Manufacturing Extension Partnership to assist manufacturers to prevent, 

prepare for, and respond to coronavirus and $10,000,000 shall be 

for the National Network for Manufacturing Innovation (also known 

as ‘‘Manufacturing USA’’) to prevent, prepare for, and respond 

to coronavirus, including to support development and manufacturing of medical countermeasures and biomedical equipment and 

supplies: Provided further, That none of the funds provided under 

this heading in this Act shall be subject to cost share requirements 

under 15 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided 

further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—232 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facili- ties’’, $20,000,000, to remain available until September, 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, by supporting continuity of operations, including 

National Weather Service life and property related operations: Provided, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

JUSTICE INFORMATION SHARING TECHNOLOGY

For an additional amount for ‘‘Justice Information Sharing Technology’’, $2,000,000, to remain available until expended, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, including the impact of coronavirus on the work 

of the Department of Justice: Provided, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, $2,000,000, to remain available until expended to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

including the impact of coronavirus on the work of the Department 

of Justice and to carry out investigations and audits related to 

the funding made available for the Department of Justice in this 

Act: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

LEGAL ACTIVITIES

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United States Attorneys’’, $3,000,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally, including the impact 

of coronavirus on the work of the Department of Justice: Provided, That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘United States Marshals Service, 

Salaries and Expenses’’, $15,000,000, to prevent, prepare for, and 
H. R. 748—233 

respond to coronavirus, domestically or internationally, including 

the impact of coronavirus on the work of the Department of Justice: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Federal Bureau of Investigation, 

Salaries and Expenses’’, $20,000,000, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally, including 

the impact of coronavirus on the work of the Department of Justice: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Drug Enforcement Administration, Salaries and Expenses’’, $15,000,000, to prevent, prepare for, 

and respond to coronavirus, domestically or internationally, 

including the impact of coronavirus on the work of the Department 

of Justice: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For an additional amount for ‘‘Federal Prison System, Salaries 

and Expenses’’, $100,000,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally, including the impact 

of coronavirus on the work of the Department of Justice: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $850,000,000, to remain available until expended, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, to be awarded pursuant to the formula allocation 

(adjusted in proportion to the relative amounts statutorily designated therefor) that was used in fiscal year 2019 for the Edward 

Byrne Memorial Justice Assistance Grant program as authorized 
H. R. 748—234 

by subpart 1 of part E of title I of the Omnibus Crime Control 

and Safe Streets Acts of 1968 (‘‘1968 Act’’): Provided, That the 

allocation provisions under sections 505(a) through (e) and the 

special rules for Puerto Rico under section 505(g), and section 

1001(c), of the 1968 Act, shall not apply to the amount provided 

under this heading in this Act: Provided further, That awards 

hereunder, shall not be subject to restrictions or special conditions 

that are the same as (or substantially similar to) those, imposed 

on awards under such subpart in fiscal year 2018, that forbid 

interference with Federal law enforcement: Provided further, That 

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

SCIENCE 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SAFETY, SECURITY AND MISSION SERVICES

For an additional amount for ‘‘Safety, Security and Mission 

Services’’, $60,000,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For an additional amount for ‘‘Research and Related Activities’’, 

$75,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including to fund research grants and other necessary 

expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

AGENCY OPERATIONS AND AWARD MANAGEMENT

For an additional amount for ‘‘Agency Operations and Award 

Management’’, $1,000,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally, including to administer research grants and other necessary expenses: Provided, That 

such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—235 

RELATED AGENCIES 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For an additional amount for ‘‘Payment to the Legal Services Corporation’’, $50,000,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally: Provided, That none 

of the funds appropriated under this heading in this Act to the 

Legal Services Corporation shall be expended for any purpose 

prohibited or limited by, or contrary to any of the provisions of, 

sections 501, 502, 503, 504, 505, and 506 of Public Law 105– 

119, and all funds appropriated in this Act to the Legal Services 

Corporation shall be subject to the same terms and conditions 

set forth in such sections, except that all references in sections 

502 and 503 to 1997 and 1998 shall be deemed to refer instead 

to 2019 and 2020, respectively, and except that sections 501 and 

503 of Public Law 104–134 (referenced by Public Law 105–119) 

shall not apply to the amount made available under this heading: 

Provided further, That for the purposes of this Act, the Legal 

Services Corporation shall be considered an agency of the United 

States Government: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 12001. Amounts provided by the Consolidated Appropriations Act, 2020, (Public Law 116–93) for the Hollings Manufacturing 

Extension Partnership under the heading ‘‘National Institute of 

Standards and Technology—Industrial Technology Services’’ shall 

not be subject to cost share requirements under 15 U.S.C. 

278k(e)(2): Provided, That the authority made available pursuant 

to this section shall be elective for any Manufacturing Extension 

Partnership Center that also receives funding from a State that 

is conditioned upon the application of a Federal cost sharing requirement. 

SEC. 12002. (a) Funds appropriated in this title for the National 

Science Foundation may be made available to restore amounts, 

either directly or through reimbursement, for obligations incurred 

by the National Science Foundation for research grants and other 

necessary expenses to prevent, prepare for, and respond to 

coronavirus, domestically or internationally, prior to the date of 

enactment of this Act. 

(b) Grants or cooperative agreements made by the National 

Science Foundation under this title, to carry out research grants 

and other necessary expenses to prevent, prepare for, and respond 

to coronavirus, domestically or internationally, shall include 

amounts to reimburse costs for these purposes incurred between 

January 20, 2020, and the date of issuance of such grants or 

agreements. 

BUREAU OF PRISONS

SEC. 12003. (a) DEFINITIONS.—In this section— 

(1) the term ‘‘Bureau’’ means the Bureau of Prisons; 
H. R. 748—236 

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

beginning on the date on which the President declared a 

national emergency under the National Emergencies Act (50 

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

2019 (COVID–19) and ending on the date that is 30 days 

after the date on which the national emergency declaration 

terminates; and 

(3) the term ‘‘Secretary’’ means the Secretary of Health 

and Human Services. 

(b) SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT AND TEST

KITS TO BUREAU OF PRISONS; HOME CONFINEMENT AUTHORITY.— 

(1) PERSONAL PROTECTIVE EQUIPMENT AND TEST KITS.— 

(A) FINDINGS.—Congress finds the following: 

(i) There is an urgent need for personal protective 

equipment and test kits to the Bureau based on the 

density of the inmate population, the high traffic, the 

high volume of inmates, the high rate of turnover 

of inmates and personnel, and the number of highsecurity areas, within the facilities of the Bureau. 

(ii) The inability of the Bureau to secure the purchase of infectious disease personal protective equipment and related supplies now and in the future is 

a vulnerability. 

(iii) The Bureau is currently competing in and 

engaging the same landscape of vendors as all other 

Federal agencies and private entities. 

(iv) The ability of the Bureau to purchase needed 

equipment and supplies is currently subject to an individual manufacturer’s specific recognition of the 

Bureau as a priority and subsequent allocation of the 

inventory of the manufacturer to the Bureau. 

(B) CONSIDERATION.—The Secretary shall appropriately consider, relative to other priorities of the Department of Health and Human Services for high-risk and 

high-need populations, the distribution of infectious disease 

personal protective equipment and COVID–19 test kits to 

the Bureau for use by inmates and personnel of the Bureau. 

(2) HOME CONFINEMENT AUTHORITY.—During the covered 

emergency period, if the Attorney General finds that emergency 

conditions will materially affect the functioning of the Bureau, 

the Director of the Bureau may lengthen the maximum amount 

of time for which the Director is authorized to place a prisoner 

in home confinement under the first sentence of section 

3624(c)(2) of title 18, United States Code, as the Director determines appropriate. 

(c) VIDEO VISITATION.— (1) IN GENERAL.—During the covered emergency period, 

if the Attorney General finds that emergency conditions will 

materially affect the functioning of the Bureau, the Director 

of the Bureau shall promulgate rules regarding the ability 

of inmates to conduct visitation through video teleconferencing 

and telephonically, free of charge to inmates, during the covered 

emergency period. 

(2) EXEMPTION FROM NOTICE-AND-COMMENT RULEMAKING

REQUIREMENTS.—Section 553 of title 5, United States Code, 

shall not apply to the promulgation of rules under paragraph 

(1) of this subsection. 
H. R. 748—237 

(d) EMERGENCY REQUIREMENT.—The amount provided by this 

section is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

TEMPORARY AUTHORITY OF DIRECTOR OF THE USPTO DURING THE

COVID–19 EMERGENCY. 

SEC. 12004. (a) IN GENERAL.—During the emergency period 

described in subsection (e), the Director may toll, waive, adjust, 

or modify, any timing deadline established by title 35, United 

States Code, the Trademark Act, section 18 of the Leahy-Smith 

America Invents Act (35 U.S.C. 321 note), or regulations promulgated thereunder, in effect during such period, if the Director determines that the emergency related to such period— 

(1) materially affects the functioning of the Patent and 

Trademark Office; 

(2) prejudices the rights of applicants, registrants, patent 

owners, or others appearing before the Office; or 

(3) prevents applicants, registrants, patent owners, or 

others appearing before the Office from filing a document or 

fee with the Office. 

(b) PUBLIC NOTICE.—If the Director determines that tolling, 

waiving, adjusting, or modifying a timing deadline under subsection 

(a) is appropriate, the Director shall publish publicly a notice to 

such effect. 

(c) STATEMENT REQUIRED.—Not later than 20 days after the 

Director tolls, waives, adjusts, or modifies a timing deadline under 

subsection (a) and such toll, waiver, adjustment, or modification 

is in effect for a consecutive or cumulative period exceeding 120 

days, the Director shall submit to Congress a statement describing 

the action taken, relevant background, and rationale for the period 

of tolling, waiver, adjustment, or modification. 

(d) OTHER LAWS.—Notwithstanding section 301 of the National 

Emergencies Act (50 U.S.C. 1631), the authority of the Director 

under subsection (a) is not contingent on a specification made 

by the President under such section or any other requirement 

under that Act (other than the emergency declaration under section 

201(a) of such Act (50 U.S.C. 1621(a))). The authority described 

in this section supersedes the authority of title II of the National 

Emergencies Act (50 U.S.C. 1621 et seq.). 

(e) EMERGENCY PERIOD.—The emergency period described in 

this subsection includes the duration of the portion of the emergency 

declared by the President pursuant to the National Emergencies 

Act on March 13, 2020, as a result of the COVID–19 outbreak 

(and any renewal thereof) beginning on or after the date of the 

enactment of this section and the 60 day period following such 

duration. 

(f) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed as limiting other statutory authorities the Director may 

have to grant relief regarding filings or deadlines. 

(g) SUNSET.—Notwithstanding subsection (a), the authorities 

provided under this section shall expire upon the expiration of 

the 2-year period after the date of the enactment of this section. 

(h) DEFINITIONS.—In this section: 
H. R. 748—238 

(1) DIRECTOR.—The term ‘‘Director’’ means the Under Secretary of Commerce for Intellectual Property and Director of 

the United States Patent and Trademark Office. 

(2) TRADEMARK ACT.—The term ‘‘Trademark Act’’ means 

the Act entitled ‘‘An Act to provide for the registration and 

protection of trademarks used in commerce, to carry out the 

provisions of certain international conventions, and for other 

purposes’’, approved July 5, 1946 (15 U.S.C. 1051 et seq.). 

(i) EMERGENCY REQUIREMENT.—The amount provided by this 

section is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

ASSISTANCE TO FISHERY PARTICIPANTS

SEC. 12005. (a) IN GENERAL.—The Secretary of Commerce is 

authorized to provide assistance to Tribal, subsistence, commercial, 

and charter fishery participants affected by the novel coronavirus 

(COVID–19), which may include direct relief payments. 

(b) FISHERY PARTICIPANTS.—For the purposes of this section, 

‘‘fishery participants’’ include Tribes, persons, fishing communities, 

aquaculture businesses not otherwise eligible for assistance under 

part 1416 of title 7 of the Code of Federal Regulations for losses 

related to COVID–19, processors, or other fishery-related 

businesses, who have incurred, as a direct or indirect result of 

the coronavirus pandemic— 

(1) economic revenue losses greater than 35 percent as 

compared to the prior 5-year average revenue; or 

(2) any negative impacts to subsistence, cultural, or ceremonial fisheries. 

(c) ROLLING BASIS.—Funds may be awarded under this section 

on a rolling basis, and within a fishing season, to ensure rapid 

delivery of funds during the COVID–19 pandemic. 

(d) APPROPRIATIONS.—In addition to funds that are otherwise 

made available to assist fishery participants under this Act, there 

are authorized to be appropriated, and there are appropriated, 

$300,000,000, to remain available until September 30, 2021, to 

carry out this section, of which up to 2 percent may be used 

for administration and oversight activities. 

(e) EMERGENCY REQUIREMENT.—The amount provided by this 

section is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

TITLE III 

DEPARTMENT OF DEFENSE 

MILITARY PERSONNEL 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $746,591,000, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—239 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $482,125,000, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $160,300,000, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $360,308,000, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $90,000,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force’’, $155,000,000, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $48,000,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—240 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $186,696,000, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Air National Guard’’, $75,754,000, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $827,800,000, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT 

DEFENSE PRODUCTION ACT PURCHASES

For an additional amount for ‘‘Defense Production Act Purchases’’, $1,000,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That for the two-year period beginning with 

the date of enactment of this Act, the requirements described in 

Section 301(a)(3)(A) and 302(c)(1) of Public Law 81–774, shall be 

waived: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, $1,450,000,000, to prevent, position, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That of the 

amount provided under this heading in this Act, $475,000,000 shall 

be for the Navy Working Capital Fund, $475,000,000 shall be for 

the Air Force Working Capital Fund, and $500,000,000 shall be 

for the Defense-Wide Working Capital Fund: Provided further, That 

such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—241 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, $3,805,600,000, of which $3,390,600,000 shall be for operation and 

maintenance, and $415,000,000 shall be for research, development, 

test and evaluation, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally: Provided, That, notwithstanding that one percent 

of funding for operation and maintenance under this heading in 

Public Law 116–93 shall remain available for obligation until September 30, 2021, funding for operation and maintenance made 

available under this heading in this Act shall only be available 

through September 30, 2020: Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, $20,000,000, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That the funding made 

available under this heading in this Act shall be used for conducting 

audits and investigations of projects and activities carried out with 

funds made available in this Act to the Department of Defense 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 13001. Funds appropriated by this title may be transferred 

to, and merged with, other applicable appropriations of the Department of Defense, except for ‘‘Drug Interdiction and Counter-Drug 

Activities, Defense’’, for expenses incurred in preventing, preparing 

for, or responding to coronavirus, including expenses of the Department of Defense incurred in support of other Federal Departments 

and agencies, and State, local, and Indian tribal governments, to 

be merged with and to be available for the same purposes, and 

for the same time period, as the appropriation or fund to which 

transferred: Provided, That upon a determination that all or part 

of the funds transferred pursuant to this section that are not 

necessary for the purposes provided herein, such funds shall be 

transferred back to the original appropriation: Provided further, 

That the transfer authority provided by this section is in addition 

to any other transfer authority provided by law. 

SEC. 13002. For an additional amount for ‘‘Defense Health 

Program’’, $1,095,500,000, which shall be for operation and maintenance, and of which $1,095,500,000 may be available for contracts 

entered into under the TRICARE program: Provided, That, notwithstanding that one percent of funding for operation and maintenance 

under this heading in Public Law 116–93 shall remain available 

for obligation until September 30, 2021, funding for operation and 

maintenance made available under this heading in this section 
H. R. 748—242 

shall only be available through September 30, 2020: Provided further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 13003. (a) Notwithstanding section 2208(l)(3) of title 10, 

United States Code, during fiscal year 2020, the total amount 

of the advance billings rendered or imposed for all working-capital 

funds of the Department of Defense may exceed the amount otherwise specified in such section. 

(b) In this section, the term ‘‘advance billing’’ has the meaning 

given that term in section 2208(l)(4) of title 10, United States 

Code. 

SEC. 13004. (a) Section 2326(b)(3) of title 10, United States 

Code, shall not apply to any undefinitized contract action of the 

Department of Defense related to the national emergency for the 

Coronavirus Disease 2019 (COVID–19). 

(b) In this section, the term ‘‘undefinitized contract action’’ 

has the meaning given that term in section 2326(j)(6) of title 10, 

United States Code. 

SEC. 13005. (a) The head of an agency may waive the provisions 

of section 2326(b) of title 10, United States Code, with respect 

to a contract of such agency if the head of the agency determines 

that the waiver is necessary due to the national emergency for 

the Coronavirus Disease 2019 (COVID–19). 

(b) In this section, the term ‘‘head of an agency’’ has the 

meaning given that term in section 2302(2) of title 10, United 

States Code. 

SEC. 13006. (a) Notwithstanding paragraph (3) of section 

2371b(a) of title 10, United States Code, the authority of a senior 

procurement executive or director of the Defense Advanced Research 

Projects Agency or Missile Defense Agency under paragraph (2)(A) 

of such section, and the authority of the Under Secretaries of 

Defense under paragraph (2)(B) of such section, for any transaction 

related to the national emergency for the Coronavirus Disease 

2019 (COVID–19) may be delegated to such officials in the Department of Defense as the Secretary of Defense shall specify for purposes of this section. 

(b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of 

title 10, United States Code, no advance notice to Congress is 

required under that clause for transitions described in that section 

that are related to the national emergency for the Coronavirus 

Disease 2019 (COVID–19). 

(2) In the event a transaction covered by paragraph (1) is 

carried out, the Under Secretary of Defense for Research and 

Engineering or the Under Secretary of Defense for Acquisition 

and Sustainment, as applicable, shall submit to the congressional 

defense committees a notice on the carrying out of such transaction 

as soon as is practicable after the commencement of the carrying 

out of such transaction. 

(3) In this subsection, the term ‘‘congressional defense committees’’ has the meaning given such term in section 101(a)(16) of 

title 10, United States Code. 

SEC. 13007. (a) The President may extend the appointment 

of the Chief of Army Reserve as prescribed in section 7038(c) 

of title 10, United States Code, for the incumbent in that position 

as of the date of the enactment of this Act until the date of 
H. R. 748—243 

the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such 

section 7038(c). 

(b) The President may extend the appointment of the Chief 

of Navy Reserve as prescribed in section 8083(c) of title 10, United 

States Code, for the incumbent in that position as of the date 

of the enactment of this Act until the date of the appointment 

of the successor to such incumbent, notwithstanding any limitation 

otherwise imposed on such term by such section 8083(c). 

(c) The President may extend the appointment of the Chief 

of Staff of the Air Force prescribed in section 9033(a)(1) of title 

10, United States Code, for the incumbent in that position as 

of the date of the enactment of this Act until the date of the 

appointment of the successor to such incumbent, notwithstanding 

any limitation otherwise imposed on such term by such section 

9033(a)(1). 

(d) The President may extend the appointment of the Chief 

of Space Operations, as prescribed in section 9082(a)(2) of title 

10, United States Code, for the incumbent in that position as 

of the date of the enactment of this Act until the date of the 

appointment of the successor to such incumbent, notwithstanding 

any limitation otherwise imposed on such term by such section 

9082(a)(2). 

(e) The President may extend the appointment of the Chief 

of the National Guard Bureau as prescribed in section 10502(b) 

of title 10, United States Code, for the incumbent in that position 

as of the date of the enactment of this Act until the date of 

the appointment of the successor to such incumbent, notwithstanding any limitation otherwise imposed on such term by such 

section 10502(b). 

(f) The President may extend the appointment of Director, 

Army National Guard and Director, Air National Guard as prescribed in section 10506(a)(3)(D) of title 10, United States Code, 

for the incumbent in such position as of the date of the enactment 

of this Act until the date of the appointment of the successor 

to such incumbent, notwithstanding any limitation otherwise 

imposed on such term by such section 10506(a)(3)(D). 

(g) Notwithstanding paragraph (4) of section 10505(a) of title 

10, United States Code, the Secretary of Defense may waive the 

limitations in paragraphs (2) and (3) of that section for a period 

of not more than 270 days. 

(h)(1) The President may delegate the exercise of the authorities 

in subsections (a) through (f) to the Secretary of Defense. 

(2) The Secretary of Defense may not redelegate the exercise 

of any authority delegated to the Secretary pursuant to paragraph 

(1), and may not delegate the exercise of the authority in subsection 

(g). 
H. R. 748—244 

TITLE IV 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’, 

$50,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

EXPENSES

For an additional amount for ‘‘Expenses’’, $20,000,000, to 

remain available until September 30, 2021, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Water and Related Resources’’, 

$12,500,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That $500,000 of the funds provided under 

this heading in this Act shall be transferred to the ‘‘Central Utah 

Project Completion Account’’ to prevent, prepare for, and respond 

to coronavirus: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

POLICY AND ADMINISTRATION

For an additional amount for ‘‘Policy and Administration’’, 

$8,100,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—245 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

SCIENCE

For an additional amount for ‘‘Science’’, $99,500,000, to remain 

available until September 30, 2021, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally, for necessary expenses related to providing support and access to scientific 

user facilities in the Office of Science and National Nuclear Security 

Administration, including equipment, enabling technologies, and 

personnel associated with the operations of those scientific user 

facilities: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Departmental Administration’’, 

$28,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for necessary expenses related to supporting 

remote access for personnel: Provided, That funds appropriated 

under this heading in this Act may be transferred to, and merged 

with, other appropriation accounts of the Department of Energy 

to prevent, prepare for, and respond to coronavirus, including for 

necessary expenses related to supporting remote access for personnel: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

INDEPENDENT AGENCIES 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $3,300,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That, notwithstanding 42 U.S.C. 2214, such 

amount shall not be derived from fee revenue: Provided further, That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 14001. Funds appropriated in this title may be made 

available to restore amounts, either directly or through reimbursement, for obligations incurred to prevent, prepare for, and respond 

to coronavirus prior to the date of enactment of this Act. 
H. R. 748—246 

SEC. 14002. (a) Section 404 of the Bipartisan Budget Act of 

2015 (42 U.S.C. 6239 note) is amended— 

(1) in subsection (e), by striking ‘‘2020’’ and inserting 

‘‘2022’’; and 

(2) in subsection (g), by striking ‘‘2020’’ and inserting 

‘‘2022’’. 

(b) Title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended in the matter 

under the heading ‘‘Department of Energy—Energy Programs— 

Strategic Petroleum Reserve’’ by striking the three provisos before 

the final period and inserting the following: 

‘‘ Provided, That, as authorized by section 404 of the Bipartisan 

Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 6239 note), 

the Secretary of Energy shall draw down and sell not to exceed 

a total of $450,000,000 of crude oil from the Strategic Petroleum 

Reserve in fiscal year 2020, fiscal year 2021, or fiscal year 2022: 

Provided further, That the proceeds from such drawdown and sale 

shall be deposited into the ‘Energy Security and Infrastructure 

Modernization Fund’ during the fiscal year in which the sale occurs 

and shall be made available in such fiscal year, to remain available 

until expended, for necessary expenses to carry out the Life Extension II project for the Strategic Petroleum Reserve’’. 

(c) The amount provided by this section is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

SEC. 14003. Any discretionary appropriation for the Corps of 

Engineers derived from the Harbor Maintenance Trust Fund (not 

to exceed the total amount deposited in the Harbor Maintenance 

Trust Fund in the prior fiscal year) shall be subtracted from the 

estimate of discretionary budget authority and outlays for any 

estimate of an appropriations Act under the Congressional Budget 

and Impoundment Control Act of 1974 or the Balanced Budget 

and Emergency Deficit Control Act of 1985: Provided, That the 

modifications described in this section shall not take effect until 

the earlier of January 1, 2021 or the date of enactment of legislation 

authorizing the development of water resources and shall remain 

in effect thereafter. 

SEC. 14004. Section 14321(a)(2)(B)(ii) of title 40, United States 

Code, is amended by inserting ‘‘, except that a discretionary grant 

to respond to economic distress directly related to the impacts 

of the Coronavirus Disease 2019 (COVID–19) shall not be included 

in such aggregate amount’’ before the period at the end. 

TITLE V 

DEPARTMENT OF THE TREASURY 

INTERNAL REVENUE SERVICE

ADMINISTRATIVE PROVISION—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 15001. In addition to the amounts otherwise available 

to the Internal Revenue Service in fiscal year 2020, $250,000,000, 

to remain available until September 30, 2021, shall be available 

to prevent, prepare for, and respond to coronavirus, domestically 
H. R. 748—247 

or internationally, including costs associated with the extended 

filing season and implementation of the Families First Coronavirus 

Response Act: Provided, That such funds may be transferred by 

the Commissioner to the ‘‘Taxpayer Services,’’ ‘‘Enforcement,’’ or 

‘‘Operations Support’’ accounts of the Internal Revenue Service 

for an additional amount to be used solely to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate shall be notified in 

advance of any such transfer: Provided further, That such transfer 

authority is in addition to any other transfer authority provided 

by law: Provided further, That not later than 30 days after the 

date of enactment of this Act, the Commissioner shall submit to 

the Committees on Appropriations of the House of Representatives 

and the Senate a spending plan for such funds: Provided further, That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $500,000, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $6,000,000, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

DEFENDER SERVICES

For an additional amount for ‘‘Defender Services’’, $1,000,000, 

to remain available until expended, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISION—THE JUDICIARY

VIDEO TELECONFERENCING FOR CRIMINAL PROCEEDINGS

SEC. 15002. (a) DEFINITION.—In this section, the term ‘‘covered 

emergency period’’ means the period beginning on the date on 
H. R. 748—248 

which the President declared a national emergency under the 

National Emergencies Act (50 U.S.C. 1601 et seq.) with respect 

to the Coronavirus Disease 2019 (COVID–19) and ending on the 

date that is 30 days after the date on which the national emergency 

declaration terminates. 

(b) VIDEO TELECONFERENCING FOR CRIMINAL PROCEEDINGS.— 

(1) IN GENERAL.—Subject to paragraphs (3), (4), and (5), 

if the Judicial Conference of the United States finds that emergency conditions due to the national emergency declared by 

the President under the National Emergencies Act (50 U.S.C. 

1601 et seq.) with respect to the Coronavirus Disease 2019 

(COVID–19) will materially affect the functioning of either 

the Federal courts generally or a particular district court of 

the United States, the chief judge of a district court covered 

by the finding (or, if the chief judge is unavailable, the most 

senior available active judge of the court or the chief judge 

or circuit justice of the circuit that includes the district court), 

upon application of the Attorney General or the designee of 

the Attorney General, or on motion of the judge or justice, 

may authorize the use of video teleconferencing, or telephone 

conferencing if video teleconferencing is not reasonably available, for the following events: 

(A) Detention hearings under section 3142 of title 18, 

United States Code. 

(B) Initial appearances under Rule 5 of the Federal 

Rules of Criminal Procedure. 

(C) Preliminary hearings under Rule 5.1 of the Federal 

Rules of Criminal Procedure. 

(D) Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure. 

(E) Arraignments under Rule 10 of the Federal Rules 

of Criminal Procedure. 

(F) Probation and supervised release revocation proceedings under Rule 32.1 of the Federal Rules of Criminal 

Procedure. 

(G) Pretrial release revocation proceedings under section 3148 of title 18, United States Code. 

(H) Appearances under Rule 40 of the Federal Rules 

of Criminal Procedure. 

(I) Misdemeanor pleas and sentencings as described 

in Rule 43(b)(2) of the Federal Rules of Criminal Procedure. 

(J) Proceedings under chapter 403 of title 18, United 

States Code (commonly known as the ‘‘Federal Juvenile 

Delinquency Act’’), except for contested transfer hearings 

and juvenile delinquency adjudication or trial proceedings. 

(2) FELONY PLEAS AND SENTENCING.— (A) IN GENERAL.—Subject to paragraphs (3), (4), and 

(5), if the Judicial Conference of the United States finds 

that emergency conditions due to the national emergency 

declared by the President under the National Emergencies 

Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus 

Disease 2019 (COVID–19) will materially affect the functioning of either the Federal courts generally or a particular 

district court of the United States, the chief judge of a 

district court covered by the finding (or, if the chief judge 

is unavailable, the most senior available active judge of 

the court or the chief judge or circuit justice of the circuit 
H. R. 748—249 

that includes the district court) specifically finds, upon 

application of the Attorney General or the designee of 

the Attorney General, or on motion of the judge or justice, 

that felony pleas under Rule 11 of the Federal Rules of 

Criminal Procedure and felony sentencings under Rule 32 

of the Federal Rules of Criminal Procedure cannot be conducted in person without seriously jeopardizing public 

health and safety, and the district judge in a particular 

case finds for specific reasons that the plea or sentencing 

in that case cannot be further delayed without serious 

harm to the interests of justice, the plea or sentencing 

in that case may be conducted by video teleconference, 

or by telephone conference if video teleconferencing is not 

reasonably available. 

(B) APPLICABILITY TO JUVENILES.—The video teleconferencing and telephone conferencing authority described in 

subparagraph (A) shall apply with respect to equivalent 

plea and sentencing, or disposition, proceedings under 

chapter 403 of title 18, United States Code (commonly 

known as the ‘‘Federal Juvenile Delinquency Act’’). 

(3) REVIEW.— 

(A) IN GENERAL.—On the date that is 90 days after 

the date on which an authorization for the use of video 

teleconferencing or telephone conferencing under paragraph (1) or (2) is issued, if the emergency authority has 

not been terminated under paragraph (5), the chief judge 

of the district court (or, if the chief judge is unavailable, 

the most senior available active judge of the court or the 

chief judge or circuit justice of the circuit that includes 

the district court) to which the authorization applies shall 

review the authorization and determine whether to extend 

the authorization. 

(B) ADDITIONAL REVIEW.—If an authorization is 

extended under subparagraph (A), the chief judge of the 

district court (or, if the chief judge is unavailable, the 

most senior available active judge of the court or the chief 

judge or circuit justice of the circuit that includes the 

district court) to which the authorization applies shall 

review the extension of authority not less frequently than 

once every 90 days until the earlier of— 

(i) the date on which the chief judge (or other 

judge or justice) determines the authorization is no 

longer warranted; or 

(ii) the date on which the emergency authority 

is terminated under paragraph (5). 

(4) CONSENT.—Video teleconferencing or telephone conferencing authorized under paragraph (1) or (2) may only take 

place with the consent of the defendant, or the juvenile, after 

consultation with counsel. 

(5) TERMINATION OF EMERGENCY AUTHORITY.—The 

authority provided under paragraphs (1), (2), and (3), and any 

specific authorizations issued under those paragraphs, shall 

terminate on the earlier of— 

(A) the last day of the covered emergency period; or 

(B) the date on which the Judicial Conference of the 

United States finds that emergency conditions due to the 

national emergency declared by the President under the 
H. R. 748—250 

National Emergencies Act (50 U.S.C. 1601 et seq.) with 

respect to the Coronavirus Disease 2019 (COVID–19) no 

longer materially affect the functioning of either the Federal courts generally or the district court in question. 

(6) NATIONAL EMERGENCIES GENERALLY.—The Judicial Conference of the United States and the Supreme Court of the 

United States shall consider rule amendments under chapter 

131 of title 28, United States Code (commonly known as the 

‘‘Rules Enabling Act’’), that address emergency measures that 

may be taken by the Federal courts when the President declares 

a national emergency under the National Emergencies Act (50 

U.S.C. 1601 et seq.). 

(7) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall obviate a defendant’s right to counsel under the Sixth 

Amendment to the Constitution of the United States, any Federal statute, or the Federal Rules of Criminal Procedure. 

(c) The amount provided by this section is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For an additional amount for ‘‘Federal Payment for Emergency 

Planning and Security Costs in the District of Columbia’’, 

$5,000,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

INDEPENDENT AGENCIES 

ELECTION ASSISTANCE COMMISSION

ELECTION SECURITY GRANTS

For an additional amount for ‘‘Election Security Grants’’, $400,000,000, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally, for the 2020 Federal election cycle: 

Provided, That a State receiving a payment with funds provided 

under this heading in this Act shall provide to the Election Assistance Commission, within 20 days of each election in the 2020 

Federal election cycle in that State, a report that includes a full 

accounting of the State’s uses of the payment and an explanation 

of how such uses allowed the State to prevent, prepare for, and 

respond to coronavirus: Provided further, That, within 3 days of 

its receipt of a report required in the preceding proviso, the Election 

Assistance Commission will transmit the report to the Committee 

on Appropriations and the Committee on House Administration 

of the House of Representatives and the Committee on Appropriations and the Committee on Rules and Administration of the Senate: 
H. R. 748—251 

Provided further, That not later than 30 days after the date of 

enactment of this Act, the Election Assistance Commission shall 

make the payments to States under this heading: Provided further, That any portion of a payment made to a State with funds provided 

under this heading in this Act which is unobligated on December 

31, 2020 shall be returned to the Treasury: Provided further, That 

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

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $200,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally, 

including to support efforts of health care providers to address 

coronavirus by providing telecommunications services, information 

services, and devices necessary to enable the provision of telehealth 

services during an emergency period, as defined in section 1135(g)(1) 

of the Social Security Act (42 U.S.C. 1320b–5(g)(1)): Provided, That 

the Federal Communications Commission may rely on the rules 

of the Commission under part 54 of title 47, Code of Federal 

Regulations, in administering the amount provided under the 

heading in this Act if the Commission determines that such 

administration is in the public interest: Provided further, That 

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

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount to be deposited in the ‘‘Federal 

Buildings Fund’’, $275,000,000, to remain available until expended, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally: Provided, That the amount provided under this 

heading in this Act may be used to reimburse the Fund for obligations incurred for this purpose prior to the date of the enactment 

of this Act: Provided further, That such amount may be transferred 

to, and merged with, accounts within the Federal Buildings Fund 

in amounts necessary to cover costs incurred to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided further, That the Administrator of General Services shall 

notify the Committees on Appropriations of the House of Representatives and the Senate quarterly on the obligations and expenditures 

of the funds provided by this Act by account of the Federal Buildings 

Fund: Provided further, That funds made available to the Administrator in this or any previous Act shall not be subject to section 

3307 of title 40, United States Code, for the acquisition of space 

necessary to prevent, prepare for, or respond to coronavirus, domestically or internationally: Provided further, That no action taken 
H. R. 748—252 

by the Administrator to acquire real property and interests in 

real property or to improve real property in response to coronavirus 

shall be deemed a Federal action or undertaking and subject to 

review under the National Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.), or the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.), respectively: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

GENERAL ACTIVITIES

FEDERAL CITIZEN SERVICES FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount to be deposited in the ‘‘Federal Citizen Services Fund’’, $18,650,000, to remain available until 

expended, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

WORKING CAPITAL FUND

For an additional amount for ‘‘Working Capital Fund’’, $1,500,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

ADMINISTRATIVE PROVISION—GENERAL SERVICES ADMINISTRATION

SEC. 15003. Notwithstanding 41 U.S.C. 3304(a)(7)(B), the 

Administrator, when making a determination that use of noncompetitive procedures is necessary for public interest in accordance 

with 41 U.S.C. 3304(a)(7)(A) in response to a public health emergency declaration by the Secretary of Health and Human Services 

under section 319 of the Public Health Service Act (42 U.S.C. 

247(d)), is required to notify Congress in writing of that determination not less than 3 days prior to the award of the contract. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, $8,100,000, 

to remain available until September 30, 2021, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided, That the amount provided under this heading in this 

Act may be used to provide expenses of the Federal Records Center 

Program for preventing, preparing for, and responding to 

coronavirus, domestically or internationally: Provided further, That 
H. R. 748—253 

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

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $12,100,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including technologies for digital case management, 

short-term methods to allow electronic submissions of retirement 

application packages in support of paper-based business operations, 

and increased telecommunications: Provided, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE

For an additional amount for ‘‘Pandemic Response Accountability Committee’’, $80,000,000, to remain available until 

expended, to promote transparency and support oversight of funds 

provided in this Act to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for the ‘‘Disaster Loans Program Account’’, $562,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the cost of direct loans authorized by section 7(b) 

of the Small Business Act and for administrative expenses to carry 

out the disaster loan program authorized by section 7(b) of the 

Small Business Act: Provided, That the amounts provided under 

this heading in this Act may be transferred to, and merged with, 

‘‘Small Business Administration—Salaries and Expenses’’ to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided further, That such amount is designated by 

the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE

SEC. 15010. (a) In this section— 

(1) the term ‘‘agency’’ has the meaning given the term 

in section 551 of title 5, United States Code; 
H. R. 748—254 

(2) the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committees on Appropriations of the Senate 

and the House of Representatives; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(C) the Committee on Oversight and Reform of the 

House of Representatives; and 

(D) any other relevant congressional committee of jurisdiction; 

(3) the term ‘‘Chairperson’’ means the Chairperson of the 

Committee; 

(4) the term ‘‘Council’’ means the Council of the Inspectors 

General on Integrity and Efficiency established under section 

11 of the Inspector General Act of 1978 (5 U.S.C. App); 

(5) the term ‘‘Committee’’ means the Pandemic Response 

Accountability Committee established under subsection (b); 

(6) the term ‘‘covered funds’’ means any funds, including 

loans, that are made available in any form to any non-Federal 

entity, not including an individual, under— 

(A) this Act; 

(B) the Coronavirus Preparedness and Response 

Supplemental Appropriations Act, 2020 (Public Law 116– 

123); 

(C) the Families First Coronavirus Response Act 

(Public Law 116–127); or 

(D) any other Act primarily making appropriations 

for the Coronavirus response and related activities; and 

(7) the term ‘‘Coronavirus response’’ means the Federal 

Government’s response to the nationwide public health emergency declared by the Secretary of Health and Human Services, 

retroactive to January 27, 2020, pursuant to section 319 of 

the Public Health Service Act (42 U.S.C. 247d), as a result 

of confirmed cases of the novel coronavirus (COVID–19) in 

the United States. 

(b) There is established within the Council the Pandemic 

Response Accountability Committee to promote transparency and 

conduct and support oversight of covered funds and the Coronavirus 

response to— 

(1) prevent and detect fraud, waste, abuse, and mismanagement; and 

(2) mitigate major risks that cut across program and agency 

boundaries. 

(c)(1) The Chairperson of the Committee shall be selected by 

the Chairperson of the Council from among Inspectors General 

described in subparagraphs (B), (C), and (D) of paragraph (2) with 

experience managing oversight of large organizations and expenditures. 

(2) The members of the Committee shall include— 

(A) the Chairperson; 

(B) the Inspectors General of the Departments of Defense, 

Education, Health and Human Services, Homeland Security, 

Justice, Labor, and the Treasury; 

(C) the Inspector General of the Small Business Administration; 

(D) the Treasury Inspector General for Tax Administration; 

and 
H. R. 748—255 

(E) any other Inspector General, as designated by the 

Chairperson from any agency that expends or obligates covered 

funds or is involved in the Coronavirus response. 

(3)(A) There shall be an Executive Director and a Deputy 

Executive Director of the Committee. 

(B)(i)(I) Not later than 30 days after the date of enactment 

of this Act, the Executive Director of the Committee shall be 

appointed by the Chairperson of the Council, in consultation with 

the majority leader of the Senate, the Speaker of the House of 

Representatives, the minority leader of the Senate, and the minority 

leader of the House of Representatives. 

(II) Not later than 90 days after the date of enactment of 

this Act, the Deputy Executive Director of the Committee shall 

be appointed by the Chairperson of the Council, in consultation 

with the majority leader of the Senate, the Speaker of the House 

of Representatives, the minority leader of the Senate, the minority 

leader of the House of Representatives, and the Executive Director 

of the Committee. 

(ii) The Executive Director and the Deputy Executive Director 

of the Committee shall— 

(I) have demonstrated ability in accounting, auditing, and 

financial analysis; 

(II) have experience managing oversight of large organizations and expenditures; and 

(III) be full-time employees of the Committee. 

(C) The Executive Director of the Committee shall— 

(i) report directly to the Chairperson; 

(ii) appoint staff of the Committee, subject to the approval 

of the Chairperson, consistent with subsection (f); 

(iii) supervise and coordinate Committee functions and 

staff; and 

(iv) perform any other duties assigned to the Executive 

Director by the Committee. 

(4)(A) Members of the Committee may not receive additional 

compensation for services performed. 

(B) The Executive Director and Deputy Executive Director of 

the Committee shall be compensated at the rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 

of title 5, United States Code. 

(d)(1)(A) The Committee shall conduct and coordinate oversight 

of covered funds and the Coronavirus response and support Inspectors General in the oversight of covered funds and the Coronavirus 

response in order to— 

(i) detect and prevent fraud, waste, abuse, and mismanagement; and 

(ii) identify major risks that cut across programs and 

agency boundaries. 

(B) The functions of the Committee shall include— 

(i) developing a strategic plan to ensure coordinated, efficient, and effective comprehensive oversight by the Committee 

and Inspectors General over all aspects of covered funds and 

the Coronavirus response; 

(ii) auditing or reviewing covered funds, including a comprehensive audit and review of charges made to Federal contracts pursuant to authorities provided in the Coronavirus Aid, 

Relief, and Economic Security Act, to determine whether wasteful spending, poor contract or grant management, or other 
H. R. 748—256 

abuses are occurring and referring matters the Committee considers appropriate for investigation to the Inspector General 

for the agency that disbursed the covered funds, including 

conducting randomized audits to identify fraud; 

(iii) reviewing whether the reporting of contracts and grants 

using covered funds meets applicable standards and specifies 

the purpose of the contract or grant and measures of performance; 

(iv) reviewing the economy, efficiency, and effectiveness 

in the administration of, and the detection of fraud, waste, 

abuse, and mismanagement in, Coronavirus response programs 

and operations; 

(v) reviewing whether competition requirements applicable 

to contracts and grants using covered funds have been satisfied; 

(vi) serving as a liaison to the Director of the Office of 

Management and Budget, the Secretary of the Treasury, and 

other officials responsible for implementing the Coronavirus 

response; 

(vii) reviewing whether there are sufficient qualified 

acquisition, grant, and other applicable personnel overseeing 

covered funds and the Coronavirus response; 

(viii) reviewing whether personnel whose duties involve 

the Coronavirus response or acquisitions or grants made with 

covered funds or are otherwise related to the Coronavirus 

response receive adequate training, technology support, and 

other resources; 

(ix) reviewing whether there are appropriate mechanisms 

for interagency collaboration relating to the oversight of covered 

funds and the Coronavirus response, including coordinating 

and collaborating to the extent practicable with State and local 

government entities; 

(x) expeditiously reporting to the Attorney General any 

instance in which the Committee has reasonable grounds to 

believe there has been a violation of Federal criminal law; 

and 

(xi) coordinating and supporting Inspectors General on matters related to oversight of covered funds and the Coronavirus 

response. 

(2)(A)(i) The Committee shall submit to the President and 

Congress, including the appropriate congressional committees, 

management alerts on potential management, risk, and funding 

problems that require immediate attention. 

(ii) The Committee shall submit to Congress such other reports 

or provide such periodic updates on the work of the Committee 

as the Committee considers appropriate on the use of covered 

funds and the Coronavirus response. 

(B) The Committee shall submit biannual reports to the President and Congress, including the appropriate congressional committees, and may submit additional reports as appropriate— 

(i) summarizing the findings of the Committee; and 

(ii) identifying and quantifying the impact of any tax 

expenditures or credits authorized under this Act to the extent 

practicable. 

(C)(i) All reports submitted under this paragraph shall be made 

publicly available and posted on the website established under 

subsection (g). 
H. R. 748—257 

(ii) Any portion of a report submitted under this paragraph 

may be redacted when made publicly available, if that portion 

would disclose information that is not subject to disclosure under 

sections 552 and 552a of title 5, United States Code, or is otherwise 

prohibited from disclosure by law. 

(3)(A) The Committee shall make recommendations to agencies 

on measures to prevent or address fraud, waste, abuse and mismanagement, and to mitigate risks that cut across programs and 

agency boundaries, relating to covered funds and the Coronavirus 

response. 

(B) Not later than 30 days after receipt of a recommendation 

under subparagraph (A), an agency shall submit a report to the 

President and the appropriate congressional committees on— 

(i) whether the agency agrees or disagrees with the recommendations; and 

(ii) any actions the agency will take to implement the 

recommendations, which shall also be included in the report 

required under section 2(b) of the GAO–IG Act (31 U.S.C. 

1105 note). 

(e)(1) The Committee shall conduct audits and reviews of programs, operations, and expenditures relating to covered funds and 

the Coronavirus response and coordinate on such activities with 

the Inspector General of the relevant agency to avoid unnecessary 

duplication and overlap of work. 

(2) The Committee may— 

(A) conduct its own independent investigations, audits, and 

reviews relating to covered funds or the Coronavirus response; 

(B) collaborate on audits and reviews relating to covered 

funds with any Inspector General of an agency; and 

(C) provide support to relevant agency Inspectors General 

in conducting investigations, audits, and reviews relating to 

the covered funds and Coronavirus response. 

(3)(A) In conducting and supporting investigations, audits, and 

reviews under this subsection, the Committee— 

(i) shall have the authorities provided under section 6 

of the Inspector General Act of 1978 (5 U.S.C. App.); 

(ii) may issue subpoenas to compel the testimony of persons 

who are not Federal officers or employees; and 

(iii) may enforce such subpoenas in the event of a refusal 

to obey by order of any appropriate United States district 

court as provided for under section 6 of the Inspector General 

Act of 1978 (5 U.S.C. App). 

(B) The Committee shall carry out the powers under paragraphs 

(1) and (2) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.). 

(C) Whenever information or assistance requested by the Committee or an Inspector General is unreasonably refused or not 

provided, the Committee shall immediately report the circumstances 

to the appropriate congressional committees. 

(D) The Committee shall leverage existing information technology resources within the Council, such as oversight.gov, to carry 

out the duties of the Committee. 

(4)(A) The Committee may hold public hearings and Committee 

personnel may conduct necessary inquiries. 

(B) The head of each agency shall make all officers and 

employees of that agency available to provide testimony to the 

Committee and Committee personnel. 
H. R. 748—258 

(C) The Committee may issue subpoenas to compel the testimony of persons who are not Federal officers or employees at 

such public hearings, which may be enforced in the same manner 

as provided for subpoenas under section 6 of the Inspector General 

Act of 1978 (5 U.S.C. App.). 

(5) The Committee may enter into contracts to enable the 

Committee to discharge its duties, including contracts and other 

arrangements for audits, studies, analyses, and other services with 

public agencies and with private persons, and make such payments 

as may be necessary to carry out the duties of the Committee. 

(6) The Committee may establish subcommittees to facilitate 

the ability of the Committee to discharge its duties. 

(7) The Committee may transfer funds appropriated to the 

Committee for expenses to support administrative support services 

and audits, reviews, or other activities related to oversight by 

the Committee of covered funds or the Coronavirus response to 

any Office of the Inspector General or the General Services Administration. 

(f)(1)(A)(i) Subject to subparagraph (B), the Committee may 

exercise the authorities of subsections (b) through (i) of section 

3161 of title 5, United States Code (without regard to subsection 

(a) of that section) to carry out the functions of the Committee 

under this section. 

(ii) For purposes of exercising the authorities described under 

clause (i), the term ‘‘Chairperson’’ shall be substituted for the term 

‘‘head of a temporary organization’’. 

(iii) In exercising the authorities described in clause (i), the 

Chairperson shall consult with members of the Committee. 

(iv) In addition to the authority provided by section 3161(c) 

of title 5, United States Code, upon the request of an Inspector 

General, the Committee may detail, on a nonreimbursable basis, 

any personnel of the Council to that Inspector General to assist 

in carrying out any audit, review, or investigation pertaining to 

the oversight of covered funds or the Coronavirus response. 

(B) In exercising the employment authorities under section 

3161(b) of title 5, United States Code, as provided under subparagraph (A) of this paragraph— 

(i) section 3161(b)(2) of that title (relating to periods of 

appointments) shall not apply; and 

(ii) no period of appointment may exceed the date on which 

the Committee terminates. 

(C)(i) A person employed by the Committee shall acquire 

competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an 

employee under this subsection. 

(ii) No person who is first employed as described in clause 

(i) more than 2 years after the date of enactment of this Act 

may acquire competitive status under clause (i). 

(2)(A) The Committee may employ annuitants covered by section 9902(g) of title 5, United States Code, for purposes of the 

oversight of covered funds or the Coronavirus response. 

(B) The employment of annuitants under this paragraph shall 

be subject to the provisions of section 9902(g) of title 5, United 

States Code, as if the Committee was the Department of Defense. 

(3) Upon request of the Committee for information or assistance 

from any agency or other entity of the Federal Government, the 
H. R. 748—259 

head of such entity shall, insofar as is practicable and not in 

contravention of any existing law, and consistent with section 6 

of the Inspector General Act of 1978 (5 U.S.C. App.), furnish such 

information or assistance to the Committee, or an authorized designee, including an Inspector General designated by the Chairperson. 

(4) Any Inspector General responsible for conducting oversight 

related to covered funds or the Coronavirus response may, consistent with the duties, responsibilities, policies, and procedures 

of the Inspector General, provide information requested by the 

Committee or an Inspector General on the Committee relating 

to the responsibilities of the Committee. 

(g)(1)(A) Not later than 30 days after the date of enactment 

of this Act, the Committee shall establish and maintain a userfriendly, public-facing website to foster greater accountability and 

transparency in the use of covered funds and the Coronavirus 

response, which shall have a uniform resource locator that is 

descriptive and memorable. 

(B) The Committee shall leverage existing information technology and resources, such as oversight.gov, to the greatest extent 

practicable to meet the requirements under this section. 

(2) The website established and maintained under paragraph 

(1) shall be a portal or gateway to key information relating to 

the oversight of covered funds and the Coronavirus response and 

provide connections to other Government websites with related 

information. 

(3) In establishing and maintaining the website under paragraph (1), the Committee shall ensure the following: 

(A) The website shall provide materials and information 

explaining the Coronavirus response and how covered funds 

are being used. The materials shall be easy to understand 

and regularly updated. 

(i) The website shall provide accountability information, 

including findings from Inspectors General, including any 

progress reports, audits, inspections, or other reports, including 

reports from or links to reports on the website of the Government Accountability Office. 

(ii) The website shall provide data on relevant operational, 

economic, financial, grant, subgrant, contract, and subcontract 

information in user-friendly visual presentations to enhance 

public awareness of the use of covered funds and the 

Coronavirus response. 

(iii) The website shall provide detailed data on any Federal 

Government awards that expend covered funds, including a 

unique trackable identification number for each project, 

information about the process that was used to award the 

covered funds, and for any covered funds over $150,000, a 

detailed explanation of any associated agreement, where 

applicable. 

(iv) The website shall include downloadable, machine-readable, open format reports on covered funds obligated by month 

to each State and congressional district, where applicable. 

(v) The website shall provide a means for the public to 

give feedback on the performance of any covered funds and 

of the Coronavirus response, including confidential feedback. 

(vi) The website shall include detailed information on Federal Government awards that expend covered funds, including 
H. R. 748—260 

data elements required under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), 

allowing aggregate reporting on awards below $50,000, as prescribed by the Director of the Office of Management and Budget. 

(vii) The website shall provide a link to estimates of the 

jobs sustained or created by this Act to the extent practicable. 

(viii) The website shall include appropriate links to other 

government websites with information concerning covered funds 

and the Coronavirus response, including Federal agency and 

State websites. 

(ix) The website shall include a plan from each Federal 

agency for using covered funds. 

(x) The website shall provide information on Federal allocations of mandatory and other entitlement programs by State, 

county, or other geographical unit related to covered funds 

or the Coronavirus response. 

(xi) The website shall present the data such that funds 

subawarded by recipients are not double counted in search 

results, data visualizations, or other reports. 

(xii) The website shall include all recommendations made 

to agencies relating to covered funds and the Coronavirus 

response, as well as the status of each recommendation. 

(xiii) The website shall be enhanced and updated as necessary to carry out the purposes of this section. 

(4) The Committee may exclude posting contractual or other 

information on the website on a case-by-case basis when necessary 

to protect national security or to protect information that is not 

subject to disclosure under sections 552 and 552a of title 5, United 

States Code. 

(h)(1) Nothing in this section shall affect the independent 

authority of an Inspector General to determine whether to conduct 

an audit or investigation of covered funds or the Coronavirus 

response. 

(2) If the Committee requests that an Inspector General of 

an agency conduct or refrain from conducting an audit or investigation and the Inspector General rejects the request in whole or 

in part, the Inspector General shall, not later than 30 days after 

rejecting the request, submit a report to the Committee, the head 

of the applicable agency, and the appropriate congressional committees, that states the reasons that the Inspector General has rejected 

the request in whole or in part. 

(i) The Committee shall coordinate its oversight activities with 

the Comptroller General of the United States and State auditors. 

(j) For the purposes of carrying out the mission of the Committee under this section, there are authorized to be appropriated 

such sums as may be necessary to carry out the duties and functions 

of the Committee. 

(k) The Committee shall terminate on September 30, 2025. 

REPORTING ON USE OF FUNDS

SEC. 15011. (a) In this section— 

(1) the terms ‘‘agency’’, ‘‘appropriate congressional committees’’, ‘‘Committee’’, ‘‘covered funds’’, and ‘‘Coronavirus 

response’’ have the meanings given those terms in section 

15010; 

(2) the term ‘‘covered recipient’’— 
H. R. 748—261 

(A) means any entity that receives large covered funds; 

and 

(B) includes any State, the District of Columbia, and 

any territory or possession of the United States; and 

(3) the term ‘‘large covered funds’’ means covered funds 

that amount to more than $150,000. 

(b)(1)(A) On a monthly basis until September 30, 2021, each 

agency shall report to the Director of the Office of Management 

and Budget, the Bureau of Fiscal Service in the Department of 

the Treasury, the Committee, and the appropriate congressional 

committees on any obligation or expenditure of large covered funds, 

including loans and awards. 

(B) Not later than 90 days after the date of enactment of 

this Act, each agency shall submit to the Committee a plan 

describing how the agency will use covered funds. 

(2) Not later than 10 days after the end of each calendar 

quarter, each covered recipient shall submit to the agency and 

the Committee a report that contains— 

(A) the total amount of large covered funds received from 

the agency; 

(B) the amount of large covered funds received that were 

expended or obligated for each project or activity; 

(C) a detailed list of all projects or activities for which 

large covered funds were expended or obligated, including— 

(i) the name of the project or activity; 

(ii) a description of the project or activity; and 

(iii) the estimated number of jobs created or retained 

by the project or activity, where applicable; and 

(D) detailed information on any level of subcontracts or 

subgrants awarded by the covered recipient or its subcontractors or subgrantees, to include the data elements required 

to comply with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) allowing aggregate 

reporting on awards below $50,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 

(3) Not later than 30 days after the end of each calendar 

quarter, the Committee, in consultation with the agency that made 

large covered funds available to any covered recipient shall make 

the information in reports submitted under paragraph (2) publicly 

available by posting the information on the website established 

under section 15010(g). 

(4)(A) Each agency, in coordination with the Committee and 

the Director of the Office of Management and Budget shall provide 

user-friendly means for covered recipients to meet requirements 

of this subsection. 

(B) Federal agencies may use existing mechanisms to ensure 

that information under this subsection is reported accurately. 

(c)(1) The Director of the Office of Management and Budget, 

in consultation with the Secretary of the Treasury, the Administrator of the Small Business Administration, and the Chairperson 

of the Council of Economic Advisors, shall submit to the appropriate 

congressional committees and publicly release on the website established under section 15010(g) quarterly reports that detail the 

impact of programs funded through large covered funds on employment, estimated economic growth, and other key economic indicators, including information about impacted industries. 
H. R. 748—262 

(2)(A) The first report submitted under paragraph (1) shall 

be submitted not later than 45 days after the end of the first 

full quarter following the date of enactment of this Act. 

(B) The last report required to be submitted under paragraph 

(1) shall apply to the quarter in which the Committee terminates. 

TITLE VI 

DEPARTMENT OF HOMELAND SECURITY 

MANAGEMENT DIRECTORATE

OPERATIONS AND SUPPORT

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

$178,300,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, which shall be for the purchase of personal protective equipment and sanitization materials: Provided, That funds 

provided under this heading in this Act may be transferred by 

the Secretary of Homeland Security between appropriations in the 

Department only for the purchase of personal protective equipment 

and sanitization materials to prevent, prepare for, and respond 

to coronavirus, domestically or internationally: Provided further, 

That none of the funds made available under this heading may 

be transferred pursuant to the authority in section 503 of the 

Department of Homeland Security Appropriations Act, 2020: Provided further, That the Department shall provide notice of any 

transfer to the Committees on Appropriations of the Senate and 

the House of Representatives not later than 5 days after executing 

such transfer: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

TRANSPORTATION SECURITY ADMINISTRATION

OPERATIONS AND SUPPORT

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

$100,000,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, which shall be for cleaning and sanitization at 

checkpoints and other airport common areas; overtime and travel 

costs; and explosive detection materials: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

UNITED STATES COAST GUARD

OPERATIONS AND SUPPORT

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

$140,800,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, which shall be for mobilization of reservists and 

increasing the capability and capacity of Coast Guard information 
H. R. 748—263 

technology systems and infrastructure: Provided, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

OPERATIONS AND SUPPORT

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

$9,100,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be for support of interagency critical infrastructure coordination and related activities: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

OPERATIONS AND SUPPORT

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

$44,987,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be for enhancements to information technology and for facilities support: Provided, That such amount is 

designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

DISASTER RELIEF FUND

For an additional amount for ‘‘Disaster Relief Fund’’, 

$45,000,000,000, to remain available until expended: Provided, That 

of the amount provided under this heading in this Act, 

$25,000,000,000 shall be for major disasters declared pursuant to 

the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.): Provided further, That of the amount 

provided under this heading in this Act, $15,000,000,000 may be 

used for all purposes authorized under such Act and may be used 

in addition to amounts designated by the Congress as being for 

disaster relief pursuant to section 251(b)(2)(D) of the Balanced 

Budget and Emergency Deficit Control Act of 1985: Provided further, That every 30 days the Administrator shall provide the 

Committees on Appropriations of the Senate and the House of 

Representatives both projected and actual costs for funds provided 

under this heading for major disasters and any other expenses: 

Provided further, That of the amounts provided under this heading, 

$3,000,000 shall be transferred to ‘‘Office of Inspector General’’ 

and shall remain available until expended for oversight of activities 

supported by funds provided under this heading: Provided further, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—264 

FEDERAL ASSISTANCE

For an additional amount for ‘‘Federal Assistance’’, 

$400,000,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally: Provided, That of the amount provided under this 

heading in this Act, $100,000,000 shall be for Assistance to Firefighter Grants for the purchase of personal protective equipment 

and related supplies, including reimbursements; $100,000,000 shall 

be for Emergency Management Performance Grants; and 

$200,000,000 shall be for the Emergency Food and Shelter Program: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

GENERAL PROVISIONS—THIS TITLE 

SEC. 16001. Notwithstanding any other provision of law, funds 

made available under each heading in this title, except for ‘‘Federal 

Emergency Management Agency—Disaster Relief Fund’’, shall only 

be used for the purposes specifically described under that heading. 

SEC. 16002. Notwithstanding any other provision of law, any 

amounts appropriated for ‘‘Federal Emergency Management 

Agency—Disaster Relief Fund’’ in this Act are available only for 

the purposes for which they were appropriated. 

SEC. 16003. (a) PREMIUM PAY AUTHORITY.—If services performed during fiscal year 2020 are determined by the head of 

the agency to be primarily related to preparation, prevention, or 

response to coronavirus, any premium pay that is funded, either 

directly or through reimbursement, by the Federal Emergency 

Management Agency shall be exempted from the aggregate of basic 

pay and premium pay calculated under section 5547(a) of title 

5, United States Code, and any other provision of law limiting 

the aggregate amount of premium pay payable on a biweekly or 

calendar year basis. 

(b) OVERTIME AUTHORITY.—Any overtime that is funded for 

such services described in subsection (a), either directly or through 

reimbursement, by the Federal Emergency Management Agency 

shall be exempted from any annual limit on the amount of overtime 

payable in a calendar or fiscal year. 

(c) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.—In determining whether an employee’s pay exceeds the applicable annual 

rate of basic pay payable under section 5307 of title 5, United 

States Code, the head of an Executive agency shall not include 

pay exempted under this section. 

(d) LIMITATION OF PAY AUTHORITY.—Pay exempted from otherwise applicable limits under subsection (a) shall not cause the 

aggregate pay earned for the calendar year in which the exempted 

pay is earned to exceed the rate of basic pay payable for a position 

at level II of the Executive Schedule under section 5313 of title 

5, United States Code. 

(e) EFFECTIVE DATE.—This section shall take effect as if enacted 

on January 1, 2020. 

SEC. 16004. (a) Amounts provided for ‘‘Coast Guard—Operations and Support’’ in the Consolidated Appropriations Act, 2020 

(Public Law 116–93) may be available for pay and benefits of 
H. R. 748—265 

Coast Guard Yard and Vessel Documentation personnel, Non-Appropriated Funds personnel, and for Morale, Welfare and Recreation 

Programs. 

(b) No amounts may be used under this section from amounts 

that were designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to the Concurrent 

Resolution on the Budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

SEC. 16005. (a) Notwithstanding any other provision of law 

regarding the licensure of health-care providers, a health-care 

professional described in subsection (b) may practice the health 

profession or professions of the health-care professional at any 

location in any State, the District of Columbia, or Commonwealth, 

territory, or possession of the United States, or any location designated by the Secretary, regardless of where such health-care 

professional or the patient is located, so long as the practice is 

within the scope of the authorized Federal duties of such healthcare professional. 

(b) DEFINITION.—As used in this section, the term ‘‘healthcare professional’’ means an individual (other than a member of 

the Coast Guard, a civilian employee of the Coast Guard, member 

of the Public Health Service who is assigned to the Coast Guard, 

or an individual with whom the Secretary, pursuant to 10 U.S.C. 

1091, has entered into a personal services contract to carry out 

health care responsibilities of the Secretary at a medical treatment 

facility of the Coast Guard) who— 

(1) is— 

(A) an employee of the Department of Homeland Security, 

(B) a detailee to the Department from another Federal 

agency, 

(C) a personal services contractor of the Department, 

or 

(D) hired under a Contract for Services; 

(2) performs health care services as part of duties of the 

individual in that capacity; 

(3) has a current, valid, and unrestricted equivalent license 

certification that is— 

(A) issued by a State, the District of Columbia, or 

a Commonwealth, territory, or possession of the United 

States; and 

(B) for the practice of medicine, osteopathic medicine, 

dentistry, nursing, emergency medical services, or another 

health profession; and 

(4) is not affirmatively excluded from practice in the 

licensing or certifying jurisdiction or in any other jurisdiction. 

(c) Subsection (a) shall apply during the incident period of 

the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121(b)), and to any 

subsequent major declaration under section 401 of such Act that 

supersedes such emergency declaration. 

SEC. 16006. The Secretary of Homeland Security, under the 

authority granted under section 205(b) of the REAL ID Act of 

2005 (Public Law 109–13; 49 U.S.C. 30301 note) shall extend the 

deadline by which States are required to meet the driver license 
H. R. 748—266 

and identification card issuance requirements under section 

202(a)(1) of such Act until not earlier than September 30, 2021. 

SEC. 16007. Section 5 of the Protecting and Securing Chemical 

Facilities from Terrorist Attacks Act of 2014 (Public Law 113– 

254; 6 U.S.C. 621 note) is amended by striking ‘‘the date that 

is 5 years and 3 months after the effective date of this Act’’ and 

inserting ‘‘July 23, 2020’’: Provided, That the amount provided 

by this section is designated by the Congress as being for an 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

TITLE VII 

DEPARTMENT OF THE INTERIOR 

INDIAN AFFAIRS

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Operation of Indian Programs’’, 

$453,000,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, including, but not limited to, funds for public safety 

and justice programs, executive direction to carry out deep cleaning 

of facilities, purchase of personal protective equipment, purchase 

of information technology to improve teleworking capability, welfare 

assistance and social services programs (including assistance to 

individuals), and assistance to tribal governments, including tribal 

governments who participate in the ‘‘Small and Needy’’ program: 

Provided, That amounts received from funds provided under this 

heading in this Act for welfare assistance programs shall not be 

included in the statutory maximum for welfare assistance funds 

included in Public Law 116–94, the Further Consolidated Appropriations Act, 2020: Provided further, That assistance received from 

funds provided under this heading in this Act shall not be included 

in the calculation of funds received by those tribal governments 

who participate in the ‘‘Small and Needy’’ program: Provided further, That of the amounts provided under this heading in this 

Act, not less than $400,000,000 shall be made available to meet 

the direct needs of tribes: Provided further, That amounts provided 

under this heading in this Act may be made available for distribution through tribal priority allocations for tribal response and 

capacity building activities: Provided further, That funds provided 

under this heading in this Act, if transferred to tribes and tribal 

organizations under the Indian Self-Determination and Education 

Assistance Act, will be transferred on a one-time basis and that 

these non-recurring funds are not part of the amount required 

by 25 U.S.C. § 5325: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 
H. R. 748—267 

BUREAU OF INDIAN EDUCATION

OPERATION OF INDIAN EDUCATION PROGRAMS

For an additional amount for ‘‘Operation of Indian Education 

Programs’’, $69,000,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including, but not limited to, funding for 

tribal colleges and universities, salaries, transportation, and 

information technology: Provided, That of the amounts provided 

in this paragraph, not less than $20,000,000 shall be for tribal 

colleges and universities: Provided further, That such amount is 

designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

DEPARTMENTAL OPERATIONS

(INCLUDING TRANSFERS OF FUNDS)

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

$158,400,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, including, but not limited to, funds for purchasing 

equipment and supplies to disinfect and clean buildings and public 

areas, supporting law enforcement and emergency management 

operations, biosurveillance of wildlife and environmental persistence 

studies, employee overtime and special pay expenses, and other 

response, mitigation, or recovery activities: Provided, That funds 

appropriated under this heading in this Act shall be used to absorb 

increased operational costs necessary to prevent, prepare for, and 

respond to coronavirus, domestically or internationally: Provided 

further, That the Secretary of the Interior may transfer the funds 

provided under this heading in this Act to any other account in 

the Department to prevent, prepare for, and respond to coronavirus, 

domestically or internationally, and may expend such funds directly 

or through cooperative agreements: Provided further, That the Secretary shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing 

the allocation and obligation of these funds by account, beginning 

not later than 90 days after enactment of this Act: Provided further, 

That as soon as practicable after the date of enactment of this 

Act, the Secretary shall transfer $1,000,000 to the Office of the 

Inspector General, ‘‘Salaries and Expenses’’ account for oversight 

activities related to the implementation of programs, activities or 

projects funded herein: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 
H. R. 748—268 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For an additional amount for ‘‘Assistance to Territories’’, 

$55,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for general technical assistance: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For an additional amount for ‘‘Science and Technology’’, 

$2,250,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That of the amount provided under this 

heading in this Act, $750,000 shall be for necessary expenses for 

cleaning and disinfecting equipment or facilities of, or for use by, 

the Environmental Protection Agency, and $1,500,000 shall be for 

research on methods to reduce the risks from environmental transmission of coronavirus via contaminated surfaces or materials: Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For an additional amount for ‘‘Environmental Programs and Management’’, $3,910,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That of the amount provided under this heading in this Act, $2,410,000 shall be for necessary 

expenses for cleaning and disinfecting equipment or facilities of, 

or for use by, the Environmental Protection Agency, and operational 

continuity of Environmental Protection Agency programs and 

related activities, and $1,500,000 shall be for expediting registration 

and other actions related to pesticides to address coronavirus: Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and Facilities’’, 

$300,000, to remain available until September 30, 2021, to prevent, 

prepare for, and respond to coronavirus, domestically or internationally: Provided, That the funds provided under this heading in 

this Act shall be for necessary expenses for cleaning and disinfecting 

equipment or facilities of, or for use by, the Environmental Protection Agency: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 
H. R. 748—269 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

HAZARDOUS SUBSTANCE SUPERFUND

For an additional amount for ‘‘Hazardous Substance Superfund’’, $770,000, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally: Provided, That the funds provided under this 

heading in this Act shall be for necessary expenses for cleaning 

and disinfecting equipment or facilities of, or for use by, the 

Environmental Protection Agency: Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For an additional amount for ‘‘Forest and Rangeland Research’’, $3,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for the reestablishment of abandoned or failed 

experiments associated with employee restrictions due to the 

coronavirus outbreak: Provided, That amounts provided under this 

heading in this Act shall be allocated at the discretion of the 

Chief of the Forest Service: Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’, 

$34,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for cleaning and disinfecting of public recreation amenities and for personal protective equipment and baseline 

health testing for first responders: Provided, That amounts provided 

under this heading in this Act shall be allocated at the discretion 

of the Chief of the Forest Service: Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

CAPITAL IMPROVEMENT AND MAINTENANCE

For an additional amount for ‘‘Capital Improvement and 

Maintenance’’, $26,800,000, to remain available until September 

30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for janitorial services: Provided, 

That amounts provided under this heading in this Act shall be 
H. R. 748—270 

allocated at the discretion of the Chief of the Forest Service: Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, $7,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for personal protective equipment and baseline 

health testing for first responders: Provided, That amounts provided 

under this heading in this Act shall be allocated at the discretion 

of the Chief of the Forest Service: Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for ‘‘Indian Health Services’’, 

$1,032,000,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, including for public health support, electronic 

health record modernization, telehealth and other information technology upgrades, Purchased/Referred Care, Catastrophic Health 

Emergency Fund, Urban Indian Organizations, Tribal Epidemiology 

Centers, Community Health Representatives, and other activities 

to protect the safety of patients and staff: Provided, That of the 

amount provided under this heading in this Act, up to $65,000,000 

is for electronic health record stabilization and support, including 

for planning and tribal consultation: Provided further, That of 

amounts provided under this heading in this Act, not less than 

$450,000,000 shall be distributed through IHS directly operated 

programs and to tribes and tribal organizations under the Indian 

Self-Determination and Education Assistance Act and through contracts or grants with urban Indian organizations under title V 

of the Indian Health Care Improvement Act: Provided further, That any amounts provided in this paragraph not allocated pursuant to the preceding proviso shall be allocated at the discretion 

of the Director of the Indian Health Service: Provided further, That of the funds provided herein, up to $125,000,000 may be 

transferred to and merged with the ‘‘Indian Health Service, Indian 

Health Facilities’’ appropriation at the discretion of the Director 

for the purposes specified in this Act: Provided further, That 

amounts provided under this heading in this Act, if transferred 

to tribes and tribal organizations under the Indian Self-Determination and Education Assistance Act, will be transferred on a onetime basis and that these non-recurring funds are not part of 

the amount required by 25 U.S.C. § 5325, and that such amounts 

may only be used for the purposes identified under this heading 
H. R. 748—271 

notwithstanding any other provision of law: Provided further, That 

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

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For an additional amount for ‘‘Toxic Substances and Environmental Public Health’’, $12,500,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That $7,500,000 of the 

funds provided under this heading in this Act shall be for necessary 

expenses of the Geospatial Research, Analysis and Services Program 

to support spatial analysis and Geographic Information System 

mapping of infectious disease hot spots, including cruise ships: 

Provided further, That $5,000,000 of the funds provided under 

this heading in this Act shall be for necessary expenses for awards 

to Pediatric Environmental Health Specialty Units and state health 

departments to provide guidance and outreach on safe practices 

for disinfection for home, school, and daycare facilities: Provided 

further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER RELATED AGENCIES 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For an additional amount for ‘‘Payment to the Institute’’, 

$78,000, to remain available until September 30, 2021, to prevent, 

prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$7,500,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including funding for deep cleaning, security, information technology, and staff overtime: Provided, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 
H. R. 748—272 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For an additional amount for ‘‘Operations and Maintenance’’, 

$25,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including funding for deep cleaning and information 

technology to improve telework capability and for operations and 

maintenance requirements related to the consequences of 

coronavirus: Provided, That notwithstanding the provisions of 20 

U.S.C. 76h et seq., funds provided under this heading in this 

Act shall be made available to cover operating expenses required 

to ensure the continuity of the John F. Kennedy Center for the 

Performing Arts and its affiliates, including for employee compensation and benefits, grants, contracts, payments for rent or utilities, 

fees for artists or performers, information technology, and other 

administrative expenses: Provided further, That no later than 

October 31, 2020, the Board of Trustees of the Center shall submit 

a report to the Committees on Appropriations of the House of 

Representatives and Senate that includes a detailed explanation 

of the distribution of the funds provided herein: Provided further, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For an additional amount for ‘‘Grants and Administration’’, 

$75,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, to be distributed in grants: Provided, That such funds 

are available under the same terms and conditions as grant funding 

appropriated to this heading in Public Law 116–94: Provided further, That 40 percent of such funds shall be distributed to State 

arts agencies and regional arts organizations and 60 percent of 

such funds shall be for direct grants: Provided further, That notwithstanding any other provision of law, such funds may also be used 

by the recipients of such grants for purposes of the general operations of such recipients: Provided further, That the matching 

requirements under subsections (e), (g)(4)(A), and (p)(3) of section 

5 of the National Foundation on the Arts and Humanities Act 

of 1965 (20 U.S.C. 954) may be waived with respect to such grants: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—273 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For an additional amount for ‘‘Grants and Administration’’, 

$75,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, to be distributed in grants: Provided, That such funds 

are available under the same terms and conditions as grant funding 

appropriated to this heading in Public Law 116–94: Provided further, That 40 percent of such funds shall be distributed to state 

humanities councils and 60 percent of such funds shall be for 

direct grants: Provided further, That notwithstanding any other 

provision of law, such funds may also be used by the recipients 

of such grants for purposes of the general operations of such recipients: Provided further, That the matching requirements under subsection (h)(2)(A) of section 7 of the National Foundation on the 

Arts and Humanities Act of 1965 may be waived with respect 

to such grants: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

TITLE VIII 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For an additional amount for ‘‘Training and Employment Serv- ices’’, $345,000,000, to remain available through September 30, 

2022, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses for the dislocated 

workers assistance national reserve: Provided, That the funds provided under this heading in this Act may be used to replace grant 

funds previously obligated to the impacted areas: Provided further, That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Departmental Management’’, $15,000,000, to remain available through September 30, 2022, to 

prevent, prepare for, and respond to coronavirus, including to 

enforce worker protection laws and regulations, and to oversee 

and coordinate activities related to division C, division D, division 

E, and division F of Public Law 116–127: Provided, That the Secretary of Labor may transfer the amounts provided under this 

heading in this Act as necessary to ‘‘Employee Benefits Security 

Administration’’, ‘‘Wage and Hour Division’’, ‘‘Occupational Safety 

and Health Administration’’, and ‘‘Employment and Training 
H. R. 748—274 

Administration—Program Administration’’ to prevent, prepare for, 

and respond to coronavirus, including for enforcement, oversight, 

and coordination activities in those accounts: Provided further, That 

of the amount provided under this heading in this Act, $1,000,000, 

to remain available until expended, shall be transferred to ‘‘Office 

of Inspector General’’ for oversight of activities related to Public 

Law 116–127 and for oversight activities supported with funds 

appropriated to the Department of Labor to prevent, prepare for, 

and respond to coronavirus: Provided further, That 15 days prior 

to transferring any funds pursuant to the previous provisos under 

the heading in this Act, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the 

Senate an operating plan describing the planned uses of each 

amount proposed to be transferred: Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

CENTERS FOR DISEASE CONTROL AND PREVENTION

CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘CDC-Wide Activities and Program Support’’, $4,300,000,000, to remain available until September 

30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That not less than 

$1,500,000,000 of the amount provided under this heading in this 

Act shall be for grants to or cooperative agreements with States, 

localities, territories, tribes, tribal organizations, urban Indian 

health organizations, or health service providers to tribes, including 

to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness 

and response activities: Provided further, That every grantee that 

received a Public Health Emergency Preparedness grant for fiscal 

year 2019 shall receive not less than 100 percent of that grant 

level from funds provided in the first proviso under this heading 

in this Act: Provided further, That of the amount in the first 

proviso, not less than $125,000,000 shall be allocated to tribes, 

tribal organizations, urban Indian health organizations, or health 

service providers to tribes: Provided further, That the Director 

of the Centers for Disease Control and Prevention (‘‘CDC’’) may 

satisfy the funding thresholds outlined in the preceding two provisos 

by making awards through other grant or cooperative agreement 

mechanisms: Provided further, That of the amount provided under this heading in this Act, not less than $500,000,000 shall be for 

global disease detection and emergency response: Provided further, That of the amount provided under this heading in this Act, not 

less than $500,000,000 shall be for public health data surveillance 

and analytics infrastructure modernization: Provided further, That 

CDC shall report to the Committees on Appropriations of the House 

of Representatives and the Senate on the development of a public 

health surveillance and data collection system for coronavirus 

within 30 days of enactment of this Act: Provided further, That 

of the amount provided under this heading in this Act, $300,000,000 
H. R. 748—275 

shall be transferred to and merged with amounts in the Infectious 

Diseases Rapid Response Reserve Fund (‘‘Reserve Fund’’), established by section 231 of division B of Public Law 115–245: Provided 

further, That the Secretary of Health and Human Services, in 

consultation with the Director of the CDC, shall provide a report 

to the Committees on Appropriations of the House of Representatives and the Senate every 14 days, for one year from the date 

from any such declaration or determination described in the third 

proviso of section 231 of division B of Public Law 115–245, that 

details commitment and obligation information for the Reserve 

Fund during the prior two weeks, as long as such report would 

detail obligations in excess of $5,000,000, and upon the request 

by such Committees: Provided further, That funds appropriated 

under this heading in this Act may be used for grants for the 

rent, lease, purchase, acquisition, construction, alteration, or renovation of non-federally owned facilities to improve preparedness 

and response capability at the State and local level: Provided further, That funds provided under this heading in this Act may 

be used for purchase and insurance of official motor vehicles in 

foreign countries: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

Institute’’, $103,400,000, to remain available until September 30, 

2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For an additional amount for ‘‘National Institute of Allergy 

and Infectious Diseases’’, $706,000,000, to remain available until 

September 30, 2024, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That not less 

than $156,000,000 of the amounts provided under this heading 

in this Act shall be provided for the study of, construction of, 

demolition of, renovation of, and acquisition of equipment for, vaccine and infectious diseases research facilities of or used by NIH, 

including the acquisition of real property: Provided further, That 

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

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For an additional amount for ‘‘National Institute of Biomedical 

Imaging and Bioengineering’’, $60,000,000, to remain available until 

September 30, 2024, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 
H. R. 748—276 

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

Budget and Emergency Deficit Control Act of 1985. 

NATIONAL LIBRARY OF MEDICINE

For an additional amount for ‘‘National Library of Medicine’’, $10,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For an additional amount for ‘‘National Center for Advancing 

Translational Sciences’’, $36,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

OFFICE OF THE DIRECTOR

For an additional amount for ‘‘Office of the Director’’, 

$30,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That these funds shall be available for the 

Common Fund established under section 402A(c)(1) of the PHS 

Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For an additional amount for ‘‘Heath Surveillance and Program 

Support’’, $425,000,000, to remain available through September 

30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That of the amount appropriated 

under this heading in this Act, not less than $250,000,000 is available for Certified Community Behavioral Health Clinic Expansion 

Grant program: Provided further, That of the amount appropriated 

under this heading in this Act, not less than $50,000,000 shall 

be available for suicide prevention programs: Provided further, That 

of the amount appropriated under this heading in this Act, not 

less than $100,000,000 is available for activities authorized under 

section 501(o) of the Public Health Service Act: Provided further, 

That of the funding made available under this heading in this 

Act, not less than $15,000,000 shall be allocated to tribes, tribal 

organizations, urban Indian health organizations, or health or 

behavioral health service providers to tribes: Provided further, That 

such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—277 

CENTERS FOR MEDICARE & MEDICAID SERVICES

PROGRAM MANAGEMENT

For an additional amount for ‘‘Program Management’’, $200,000,000, to remain available through September 30, 2023, 

to prevent, prepare for, and respond to coronavirus, domestically 

and internationally: Provided, That of the amount appropriated under this heading in this Act, not less than $100,000,000 shall 

be available for necessary expenses of the survey and certification 

program, prioritizing nursing home facilities in localities with 

community transmission of coronavirus: Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

LOW INCOME HOME ENERGY ASSISTANCE

For an additional amount for ‘‘Low Income Home Energy Assistance’’, $900,000,000, to remain available through September 30, 

2021, to prevent, prepare for, or respond to coronavirus, domestically or internationally, for making payments under subsection 

(b) of section 2602 of the Low-Income Home Energy Assistance 

Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That of the amount 

provided under this heading in this Act, $225,000,000 shall be 

allocated as though the total appropriation for such payments for 

fiscal year 2020 was less than $1,975,000,000: Provided further, That section 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) 

shall not apply to funds made available under this heading in 

this Act in fiscal year 2020: Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For an additional amount for ‘‘Payments to States for the 

Child Care and Development Block Grant’’, $3,500,000,000, to 

remain available through September 30, 2021, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

including for federal administrative expenses, which shall be used 

to supplement, not supplant State, Territory, and Tribal general 

revenue funds for child care assistance for low-income families 

within the United States (including territories) without regard to 

requirements in sections 658E(c)(3)(D)–(E) or 658G of the Child 

Care and Development Block Grant Act: Provided, That funds provided under this heading in this Act may be used to provide continued payments and assistance to child care providers in the case 

of decreased enrollment or closures related to coronavirus, and 

to assure they are able to remain open or reopen as appropriate 

and applicable: Provided further, That States, Territories, and 

Tribes are encouraged to place conditions on payments to child 

care providers that ensure that child care providers use a portion 

of funds received to continue to pay the salaries and wages of 

staff: Provided further, That the Secretary shall remind States 
H. R. 748—278 

that CCDBG State plans do not need to be amended prior to 

utilizing existing authorities in the CCDBG Act for the purposes 

provided herein: Provided further, That States, Territories, and 

Tribes are authorized to use funds appropriated under this heading 

in this Act to provide child care assistance to health care sector 

employees, emergency responders, sanitation workers, and other 

workers deemed essential during the response to coronavirus by 

public officials, without regard to the income eligibility requirements 

of section 658P(4) of such Act: Provided further, That funds appropriated under this heading in this Act shall be available to eligible 

child care providers under section 658P(6) of the CCDBG Act, 

even if such providers were not receiving CCDBG assistance prior 

to the public health emergency as a result of the coronavirus, 

for the purposes of cleaning and sanitation, and other activities 

necessary to maintain or resume the operation of programs: Provided further, That payments made under this heading in this 

Act may be obligated in this fiscal year or the succeeding two 

fiscal years: Provided further, That funds appropriated under this 

heading in this Act may be made available to restore amounts, 

either directly or through reimbursement, for obligations incurred 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, prior to the date of enactment of this Act: Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

CHILDREN AND FAMILIES SERVICES PROGRAMS

For an additional amount for ‘‘Children and Families Services 

Programs’’, $1,874,000,000, to remain available through September 

30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be used as follows: (1) 

$1,000,000,000 for carrying out activities under sections 674 

through 679 of the Community Services Block Grant Act, including 

for federal administrative expenses, and of which no part shall 

be subject to section 674(b)(3) of such Act: Provided, That to the 

extent Community Services Block Grant funds are distributed as 

grant funds by a State to an eligible entity as provided under 

such Act, and have not been expended by such entity, they shall 

remain with such entity for carryover into the next two fiscal 

years for expenditure by such entity consistent with program purpose: Provided further, That for services furnished under such Act 

during fiscal years 2020 and 2021, States may apply the last sentence of section 673(2) of such Act by substituting ‘‘200 percent’’ 

for ‘‘125 percent’’; (2) $750,000,000 for making payments under 

the Head Start Act, including for Federal administrative expenses, 

and allocated in an amount that bears the same ratio to such 

portion as the number of enrolled children served by the agency 

involved bears to the number of enrolled children by all Head 

Start agencies: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of 

the ‘‘base grant’’ in subsequent fiscal years, as such term is defined 

in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head 

Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 

640(a) of the Head Start Act: Provided further, That up to 
H. R. 748—279 

$500,000,000 shall be available for the purpose of operating supplemental summer programs through non-competitive grant supplements to existing grantees determined to be most ready to operate 

those programs by the Office of Head Start; (3) $2,000,000 for 

the National Domestic Violence Hotline as authorized by section 

303(b) of the Family Violence Prevention and Services Act: Provided 

further, That the Secretary may make such funds available for 

providing hotline services remotely; (4) $45,000,000 for Family 

Violence Prevention and Services formula grants as authorized 

by section 303(a) of the Family Violence and Prevention and Services Act with such funds available to grantees without regard to 

matching requirements under section 306(c)(4) of such Act: Provided 

further, That the Secretary may make such funds available for 

providing temporary housing and assistance to victims of family, 

domestic, and dating violence; (5) $25,000,000 for carrying out 

activities under the Runaway and Homeless Youth Act: Provided 

further, That such amounts shall be used to supplement, not supplant, existing funds and shall be available without regard to 

matching requirements; (6) $45,000,000 shall be used for child 

welfare services as authorized by subpart 1 of part B of title 

IV of the Social Security Act (other than sections 426, 427, and 

429 of such subpart), with such funds available to grantees without 

regard to matching requirements under section 424(a) of that Act 

or any applicable reductions in federal financial participation under 

section 424(f) of that Act; and (7) $7,000,000 for Federal administrative expenses: Provided further, That funds appropriated under 

this heading in this Act may be made available to restore amounts, 

either directly or through reimbursement, for obligations incurred 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, prior to the date of enactment of this Act: Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

ADMINISTRATION FOR COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

For an additional amount for ‘‘Aging and Disability Services 

Programs’’, $955,000,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That of the amount made available under this heading in this Act to prevent, prepare for, and 

respond to coronavirus, $820,000,000 shall be for activities authorized under the Older Americans Act of 1965 (‘‘OAA’’), including 

$200,000,000 for supportive services under part B of title III; 

$480,000,000 for nutrition services under subparts 1 and 2 of part 

C of title III; $20,000,000 for nutrition services under title VI; 

$100,000,000 for support services for family caregivers under part 

E of title III; and $20,000,000 for elder rights protection activities, 

including the long-term ombudsman program under title VII of 

such Act: Provided further, That of the amount made available 

under this heading in this Act, $50,000,000 shall be for aging 

and disability resource centers authorized in sections 202(b) and 

411 of the OAA to prevent, prepare for, and respond to coronavirus: 

Provided further, That of the amount made available under this 
H. R. 748—280 

heading in this Act to prevent, prepare for, and respond to 

coronavirus, $85,000,000 shall be available for centers for independent living that have received grants funded under part C 

of chapter I of title VII of the Rehabilitation Act of 1973: Provided 

further, That to facilitate State use of funds provided under this 

heading in this Act, matching requirements under sections 

304(d)(1)(D) and 373(g)(2) of the OAA shall not apply to funds 

made available under this heading in this Act: Provided further, 

That the transfer authority under section 308(b)(4)(A) of the OAA 

shall apply to funds made available under this heading in this 

Act by substituting ‘‘100 percent’’ for ‘‘40 percent’’: Provided further, 

That the State Long-Term Care Ombudsman shall have continuing 

direct access (or other access through the use of technology) to 

residents of long-term care facilities during any portion of the 

public health emergency relating to coronavirus beginning on the 

date of enactment of this Act and ending on September 30, 2020, 

to provide services described in section 712(a)(3)(B) of the OAA: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Public Health and Social Services 

Emergency Fund’’, $27,014,500,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally, including the development of necessary countermeasures and vaccines, prioritizing platform-based 

technologies with U.S.-based manufacturing capabilities, the purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, as well as medical surge capacity, addressing blood supply 

chain, workforce modernization, telehealth access and infrastructure, initial advanced manufacturing, novel dispensing, enhancements to the U.S. Commissioned Corps, and other preparedness 

and response activities: Provided, That funds appropriated under 

this paragraph in this Act may be used to develop and demonstrate 

innovations and enhancements to manufacturing platforms to support such capabilities: Provided further, That the Secretary of 

Health and Human Services shall purchase vaccines developed 

using funds made available under this paragraph in this Act to 

respond to an outbreak or pandemic related to coronavirus in quantities determined by the Secretary to be adequate to address the 

public health need: Provided further, That products purchased by 

the Federal government with funds made available under this paragraph in this Act, including vaccines, therapeutics, and diagnostics, 

shall be purchased in accordance with Federal Acquisition Regulation guidance on fair and reasonable pricing: Provided further, 

That the Secretary may take such measures authorized under current law to ensure that vaccines, therapeutics, and diagnostics 

developed from funds provided in this Act will be affordable in 

the commercial market: Provided further, That in carrying out 

the previous proviso, the Secretary shall not take actions that 
H. R. 748—281 

delay the development of such products: Provided further, That 

products purchased with funds appropriated under this paragraph 

in this Act may, at the discretion of the Secretary of Health and 

Human Services, be deposited in the Strategic National Stockpile 

under section 319F–2 of the Public Health Service Act: Provided 

further, That of the amount appropriated under this paragraph 

in this Act, not more than $16,000,000,000 shall be for the Strategic 

National Stockpile under section 319F–2(a) of such Act: Provided 

further, That funds appropriated under this paragraph in this Act 

may be transferred to, and merged with, the fund authorized by 

section 319F–4, the Covered Countermeasure Process Fund, of the 

Public Health Service Act: Provided further, That of the amount 

appropriated under this paragraph in this Act, not less than 

$250,000,000 shall be available for grants to or cooperative agreements with entities that are either grantees or sub-grantees of 

the Hospital Preparedness Program authorized in section 319C– 

2 of the Public Health Service Act or that meet such other criteria 

as the Secretary may prescribe, with such awards issued under 

such section or section 311 of such Act: Provided further, That 

of the amount provided under this paragraph in this Act, not 

less than $3,500,000,000 shall be available to the Biomedical 

Advanced Research and Development Authority for necessary 

expenses of manufacturing, production, and purchase, at the discretion of the Secretary, of vaccines, therapeutics, diagnostics, and 

small molecule active pharmaceutical ingredients, including the 

development, translation, and demonstration at scale of innovations 

in manufacturing platforms: Provided further, That funds in the 

previous proviso may be used for the construction or renovation 

of U.S.-based next generation manufacturing facilities, other than 

facilities owned by the United States Government: Provided further, 

That of the amount appropriated under this paragraph in this 

Act, funds may be used to reimburse the Department of Veterans 

Affairs for expenses incurred by the Veterans Health Administration 

to prevent, prepare for, and respond to coronavirus, and to provide 

medical care for such purposes to individuals not otherwise eligible 

for care: Provided further, That funds used for the preceding proviso 

shall be made available to reimburse the Department of Veterans 

Affairs only if the Secretary of Health and Human Services certifies 

to the Committees on Appropriations of the House of Representatives and the Senate that funds available for assignments under 

Public Law 93–288, as amended, are insufficient and such funds 

are necessary to reimburse the Department of Veterans Affairs 

for expenses incurred to provide health care to civilians: Provided 

further, That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate not less 

than 3 days prior to such certification: Provided further, That of 

the amounts appropriated under this paragraph in this Act, not 

more than $289,000,000 may be transferred as necessary to other 

federal agencies for necessary expenses related to medical care 

that are incurred to prevent, prepare for, and respond to coronavirus 

for persons eligible for treatment pursuant to section 322 of the 

Public Health Service Act, as amended, as determined by the Secretary of the recipient agency: Provided further, That of the amount 

appropriated under this paragraph in this Act, $1,500,000 shall 

be available for the Secretary to enter into an agreement with 

the National Academies of Sciences, Engineering, and Medicine 

not later than 60 days after the date of enactment of this Act 
H. R. 748—282 

to examine, and, in a manner that does not compromise national 

security, report on, the security of the United States medical product 

supply chain: Provided further, That funds appropriated under this 

paragraph in this Act may be used for grants for the construction, 

alteration, or renovation of non-federally owned facilities to improve 

preparedness and response capability at the State and local level: 

Provided further, That funds appropriated under this paragraph 

in this Act may be used for the construction, alteration, or renovation of non-federally owned facilities for the production of vaccines, 

therapeutics, and diagnostics where the Secretary determines that 

such a contract is necessary to secure sufficient amounts of such 

supplies: Provided further, That such amount is designated by 

the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

For an additional amount for the ‘‘Public Health and Social 

Services Emergency Fund’’, $275,000,000, to remain available until 

September 30, 2022, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally: Provided, That 

$90,000,000 of the funds appropriated under this paragraph shall 

be transferred to ‘‘Health Resources and Services Administration— 

Ryan White HIV/AIDS Program’’ to remain available until September 30, 2022 for modifications to existing contracts, and supplements to existing grants and cooperative agreements under parts 

A, B, C, D, and section 2692(a) of title XXVI of the Public Health 

Service Act (referred to as ‘‘PHS’’ Act) to respond to coronavirus, 

domestically or internationally: Provided further, That supplements 

made in the preceding proviso shall be awarded using a datadriven methodology determined by the Secretary: Provided further, 

That sections 2604(c), 2612(b), and 2651(c) of the PHS Act shall 

not apply to funds under this paragraph: Provided further, That 

$5,000,000 of the funds appropriated under this paragraph shall 

be transferred to ‘‘Health Resources and Services Administration— 

Health Care Systems’’ to remain available until September 30, 

2022, for activities under sections 1271 and 1273 of the PHS Act 

to improve the capacity of poison control centers to respond to 

increased calls: Provided further, That $180,000,000 of the funds 

appropriated under this paragraph shall be transferred to ‘‘Health 

Resources and Services Administration—Rural Health’’ to remain 

available until September 30, 2022, to carry out telehealth and 

rural health activities under sections 330A and 330I of the PHS 

Act and sections 711 and 1820 of the Social Security Act to prevent, 

prepare for, and respond to coronavirus, domestically or internationally: Provided further, That of the funding in the previous proviso, 

no less than $15,000,000 shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers 

to tribes: Provided further, That section 1820(g)(3)(A), section 

1820(g)(3)(D) and section 1820(g)(3)(E) of such Act shall not apply 

to funds in the preceding two provisos: Provided further, That 

funds appropriated under this heading in this Act may be made 

available to restore amounts, either directly or through reimbursement, for obligations incurred to prevent, prepare for, and respond 

to coronavirus, domestically or internationally, prior to the date 

of enactment of this Act: Provided further, That for the purposes 

of any funding provided for fiscal year 2020 for the Health Centers 

Program pursuant to section 330 of the PHS Act (42 U.S.C. 254b), 

maintaining or increasing health center capacity and staffing levels 
H. R. 748—283 

during a public health emergency related to coronavirus shall be 

deemed a cost of prevention, diagnosis, and treatment of 

coronavirus: Provided further, That such amount is designated by 

the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

For an additional amount for ‘‘Public Health and Social Services 

Emergency Fund’’, $100,000,000,000, to remain available until 

expended, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally, for necessary expenses to reimburse, 

through grants or other mechanisms, eligible health care providers 

for health care related expenses or lost revenues that are attributable to coronavirus: Provided, That these funds may not be used 

to reimburse expenses or losses that have been reimbursed from 

other sources or that other sources are obligated to reimburse: 

Provided further, That recipients of payments under this paragraph 

shall submit reports and maintain documentation as the Secretary 

determines are needed to ensure compliance with conditions that 

are imposed by this paragraph for such payments, and such reports 

and documentation shall be in such form, with such content, and 

in such time as the Secretary may prescribe for such purpose: 

Provided further, That ‘‘eligible health care providers’’ means public 

entities, Medicare or Medicaid enrolled suppliers and providers, 

and such for-profit entities and not-for-profit entities not otherwise 

described in this proviso as the Secretary may specify, within the 

United States (including territories), that provide diagnoses, testing, 

or care for individuals with possible or actual cases of COVID– 

19: Provided further, That the Secretary of Health and Human 

Services shall, on a rolling basis, review applications and make 

payments under this paragraph in this Act: Provided further, That 

funds appropriated under this paragraph in this Act shall be available for building or construction of temporary structures, leasing 

of properties, medical supplies and equipment including personal 

protective equipment and testing supplies, increased workforce and 

trainings, emergency operation centers, retrofitting facilities, and 

surge capacity: Provided further, That, in this paragraph, the term 

‘‘payment’’ means a pre-payment, prospective payment, or retrospective payment, as determined appropriate by the Secretary: Provided 

further, That payments under this paragraph shall be made in 

consideration of the most efficient payment systems practicable 

to provide emergency payment: Provided further, That to be eligible 

for a payment under this paragraph, an eligible health care provider 

shall submit to the Secretary of Health and Human Services an 

application that includes a statement justifying the need of the 

provider for the payment and the eligible health care provider 

shall have a valid tax identification number: Provided further, That, 

not later than 3 years after final payments are made under this 

paragraph, the Office of Inspector General of the Department of 

Health and Human Services shall transmit a final report on audit 

findings with respect to this program to the Committees on Appropriations of the House of Representatives and the Senate: Provided 

further, That nothing in this section limits the authority of the 

Inspector General or the Comptroller General to conduct audits 

of interim payments at an earlier date: Provided further, That 

not later than 60 days after the date of enactment of this Act, 

the Secretary of Health and Human Services shall provide a report 
H. R. 748—284 

to the Committees on Appropriations of the House of Representatives and the Senate on obligation of funds, including obligations 

to such eligible health care providers summarized by State of the 

payment receipt: Provided further, That such reports shall be 

updated and submitted to such Committees every 60 days until 

funds are expended: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

DEPARTMENT OF EDUCATION 

EDUCATION STABILIZATION FUND

For an additional amount for ‘‘Education Stabilization Fund’’, 

$30,750,000,000, to remain available through September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally: Provided, That such amount is designated by 

the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

GENERAL PROVISIONS

EDUCATION STABILIZATION FUND

SEC. 18001. (a) ALLOCATIONS.—From the amount made available under this heading in this Act to carry out the Education 

Stabilization Fund, the Secretary shall first allocate— 

(1) not more than 1/2 of 1 percent to the outlying areas 

on the basis of their respective needs, as determined by the 

Secretary, in consultation with the Secretary of the Interior; 

(2) one-half of 1 percent for the Secretary of Interior, in 

consultation with the Secretary of Education, for programs 

operated or funded by the Bureau of Indian Education; and 

(3) 1 percent for grants to States with the highest 

coronavirus burden to support activities under this heading 

in this Act, for which the Secretary shall issue a notice inviting 

applications not later than 30 days of enactment of this Act 

and approve or deny applications not later than 30 days after 

receipt. 

(b) RESERVATIONS.—After carrying out subsection (a), the Secretary shall reserve the remaining funds made available as follows: 

(1) 9.8 percent to carry out section 18002 of this title. 

(2) 43.9 percent to carry out section 18003 of this title. 

(3) 46.3 percent to carry out section 18004 of this title. 

GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND

SEC. 18002. (a) GRANTS.—From funds reserved under section 

18001(b)(1) of this title, the Secretary shall make Emergency Education Relief grants to the Governor of each State with an approved 

application. The Secretary shall issue a notice inviting applications 

not later than 30 days of enactment of this Act and shall approve 

or deny applications not later than 30 days after receipt. 

(b) ALLOCATIONS.—The amount of each grant under subsection 

(a) shall be allocated by the Secretary to each State as follows: 
H. R. 748—285 

(1) 60 percent on the basis of their relative population 

of individuals aged 5 through 24. 

(2) 40 percent on the basis of their relative number of 

children counted under section 1124(c) of the Elementary and 

Secondary Education Act of 1965 (referred to under this heading 

as ‘‘ESEA’’). 

(c) USES OF FUNDS.—Grant funds awarded under subsection 

(b) may be used to— 

(1) provide emergency support through grants to local educational agencies that the State educational agency deems have 

been most significantly impacted by coronavirus to support 

the ability of such local educational agencies to continue to 

provide educational services to their students and to support 

the on-going functionality of the local educational agency; 

(2) provide emergency support through grants to institutions of higher education serving students within the State 

that the Governor determines have been most significantly 

impacted by coronavirus to support the ability of such institutions to continue to provide educational services and support 

the on-going functionality of the institution; and 

(3) provide support to any other institution of higher education, local educational agency, or education related entity 

within the State that the Governor deems essential for carrying 

out emergency educational services to students for authorized 

activities described in section 18003(d)(1) of this title or the 

Higher Education Act, the provision of child care and early 

childhood education, social and emotional support, and the 

protection of education-related jobs. 

(d) REALLOCATION.—Each Governor shall return to the Secretary any funds received under this section that the Governor 

does not award within one year of receiving such funds and the 

Secretary shall reallocate such funds to the remaining States in 

accordance with subsection (b). 

ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND

SEC. 18003. (a) GRANTS.—From funds reserved under section 

18001(b)(2) of this title, the Secretary shall make elementary and 

secondary school emergency relief grants to each State educational 

agency with an approved application. The Secretary shall issue 

a notice inviting applications not later than 30 days of enactment 

of this Act and approve or deny applications not later than 30 

days after receipt. 

(b) ALLOCATIONS TO STATES.—The amount of each grant under 

subsection (a) shall be allocated by the Secretary to each State 

in the same proportion as each State received under part A of 

title I of the ESEA of 1965 in the most recent fiscal year. 

(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—Each State 

shall allocate not less than 90 percent of the grant funds awarded 

to the State under this section as subgrants to local educational 

agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local 

educational agencies and charter schools that are local educational 

agencies received under part A of title I of the ESEA of 1965 

in the most recent fiscal year. 

(d) USES OF FUNDS.—A local educational agency that receives 

funds under this title may use the funds for any of the following: 
H. R. 748—286 

(1) Any activity authorized by the ESEA of 1965, including 

the Native Hawaiian Education Act and the Alaska Native 

Educational Equity, Support, and Assistance Act (20 U.S.C. 

6301 et seq.), the Individuals with Disabilities Education Act 

(20 U.S.C. 1400 et seq.) (‘‘IDEA’’), the Adult Education and 

Family Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. 

Perkins Career and Technical Education Act of 2006 (20 U.S.C. 

2301 et seq.) (‘‘the Perkins Act’’), or subtitle B of title VII 

of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11431 et seq.). 

(2) Coordination of preparedness and response efforts of 

local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies, 

to improve coordinated responses among such entities to prevent, prepare for, and respond to coronavirus. 

(3) Providing principals and others school leaders with 

the resources necessary to address the needs of their individual 

schools. 

(4) Activities to address the unique needs of low-income 

children or students, children with disabilities, English 

learners, racial and ethnic minorities, students experiencing 

homelessness, and foster care youth, including how outreach 

and service delivery will meet the needs of each population. 

(5) Developing and implementing procedures and systems 

to improve the preparedness and response efforts of local educational agencies. 

(6) Training and professional development for staff of the 

local educational agency on sanitation and minimizing the 

spread of infectious diseases. 

(7) Purchasing supplies to sanitize and clean the facilities 

of a local educational agency, including buildings operated by 

such agency. 

(8) Planning for and coordinating during long-term closures, including for how to provide meals to eligible students, 

how to provide technology for online learning to all students, 

how to provide guidance for carrying out requirements under 

the Individuals with Disabilities Education Act (20 U.S.C. 1401 

et seq.) and how to ensure other educational services can continue to be provided consistent with all Federal, State, and 

local requirements. 

(9) Purchasing educational technology (including hardware, 

software, and connectivity) for students who are served by 

the local educational agency that aids in regular and substantive educational interaction between students and their 

classroom instructors, including low-income students and students with disabilities, which may include assistive technology 

or adaptive equipment. 

(10) Providing mental health services and supports. 

(11) Planning and implementing activities related to 

summer learning and supplemental afterschool programs, 

including providing classroom instruction or online learning 

during the summer months and addressing the needs of lowincome students, students with disabilities, English learners, 

migrant students, students experiencing homelessness, and 

children in foster care. 

(12) Other activities that are necessary to maintain the 

operation of and continuity of services in local educational 
H. R. 748—287 

agencies and continuing to employ existing staff of the local 

educational agency. 

(e) STATE FUNDING.—With funds not otherwise allocated under 

subsection (c), a State may reserve not more than 1/2 of 1 percent 

for administrative costs and the remainder for emergency needs 

as determined by the state educational agency to address issues 

responding to coronavirus, which may be addressed through the 

use of grants or contracts. 

(f) REALLOCATION.—A State shall return to the Secretary any 

funds received under this section that the State does not award 

within 1 year of receiving such funds and the Secretary shall 

reallocate such funds to the remaining States in accordance with 

subsection (b). 

HIGHER EDUCATION EMERGENCY RELIEF FUND

SEC. 18004. (a) IN GENERAL.—The Secretary shall allocate 

funding under this section as follows: 

(1) 90 percent to each institution of higher education to 

prevent, prepare for, and respond to coronavirus, by apportioning it— 

(A) 75 percent according to the relative share of fulltime equivalent enrollment of Federal Pell Grant recipients 

who are not exclusively enrolled in distance education 

courses prior to the coronavirus emergency; and 

(B) 25 percent according to the relative share of fulltime equivalent enrollment of students who were not Federal Pell Grant recipients who are not exclusively enrolled 

in distance education courses prior to the coronavirus emergency. 

(2) 7.5 percent for additional awards under parts A and 

B of title III, parts A and B of title V, and subpart 4 of 

part A of title VII of the Higher Education Act to address 

needs directly related to coronavirus, that shall be in addition 

to awards made in section 18004(a)(1) of this title, and allocated 

by the Secretary proportionally to such programs based on 

the relative share of funding appropriated to such programs 

in the Further Consolidated Appropriations Act, 2020 (Public 

Law 116–94) and which may be used to defray expenses 

(including lost revenue, reimbursement for expenses already 

incurred, technology costs associated with a transition to distance education, faculty and staff trainings, payroll) incurred 

by institutions of higher education and for grants to students 

for any component of the student’s cost of attendance (as defined 

under section 472 of the Higher Education Act), including food, 

housing, course materials, technology, health care, and child 

care. 

(3) 2.5 percent for part B of title VII of the Higher Education Act for institutions of higher education that the Secretary 

determines have the greatest unmet needs related to 

coronavirus, which may be used to defray expenses (including 

lost revenue, reimbursement for expenses already incurred, 

technology costs associated with a transition to distance education, faculty and staff trainings, payroll) incurred by institutions of higher education and for grants to students for any 

component of the student’s cost of attendance (as defined under 

section 472 of the Higher Education Act), including food, 
H. R. 748—288 

housing, course materials, technology, health care, and child 

care. 

(b) DISTRIBUTION.—The funds made available to each institution under subsection (a)(1) shall be distributed by the Secretary 

using the same systems as the Secretary otherwise distributes 

funding to each institution under title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.). 

(c) USES OF FUNDS.—Except as otherwise specified in subsection 

(a), an institution of higher education receiving funds under this 

section may use the funds received to cover any costs associated 

with significant changes to the delivery of instruction due to the 

coronavirus, so long as such costs do not include payment to contractors for the provision of pre-enrollment recruitment activities; 

endowments; or capital outlays associated with facilities related 

to athletics, sectarian instruction, or religious worship. Institutions 

of higher education shall use no less than 50 percent of such 

funds to provide emergency financial aid grants to students for 

expenses related to the disruption of campus operations due to 

coronavirus (including eligible expenses under a student’s cost of 

attendance, such as food, housing, course materials, technology, 

health care, and child care). 

(d) SPECIAL PROVISIONS.—(1) In awarding grants under section 

18004(a)(3) of this title, the Secretary shall give priority to any 

institution of higher education that is not otherwise eligible for 

funding under paragraphs (1) and (2) of section 18004(a) of this 

title of at least $500,000 and demonstrates significant unmet needs 

related to expenses associated with coronavirus. 

(2) A Historically Black College and University or a Minority 

Serving Institution may use prior awards provided under titles 

III, V, and VII of the Higher Education Act to prevent, prepare 

for, and respond to coronavirus. 

(e) REPORT.—An institution receiving funds under this section 

shall submit a report to the Secretary, at such time and in such 

manner as the Secretary may require, that describes the use of 

funds provided under this section. 

ASSISTANCE TO NON-PUBLIC SCHOOLS

SEC. 18005. (a) IN GENERAL.—A local educational agency 

receiving funds under sections 18002 or 18003 of this title shall 

provide equitable services in the same manner as provided under 

section 1117 of the ESEA of 1965 to students and teachers in 

non-public schools, as determined in consultation with representatives of non-public schools. 

(b) PUBLIC CONTROL OF FUNDS.—The control of funds for the 

services and assistance provided to a non-public school under subsection (a), and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public 

agency shall administer such funds, materials, equipment, and property and shall provide such services (or may contract for the provision of such services with a public or private entity). 

CONTINUED PAYMENT TO EMPLOYEES

SEC. 18006. A local educational agency, State, institution of 

higher education, or other entity that receives funds under ‘‘Education Stabilization Fund’’, shall to the greatest extent practicable, 
H. R. 748—289 

continue to pay its employees and contractors during the period 

of any disruptions or closures related to coronavirus. 

DEFINITIONS

SEC. 18007. Except as otherwise provided in sections 18001– 

18006 of this title, as used in such sections— 

(1) the terms ‘‘elementary education’’ and ‘‘secondary education’’ have the meaning given such terms under State law; 

(2) the term ‘‘institution of higher education’’ has the 

meaning given such term in title I of the Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.); 

(3) the term ‘‘Secretary’’ means the Secretary of Education; 

(4) the term ‘‘State’’ means each of the 50 States, the 

District of Columbia, and the Commonwealth of Puerto Rico; 

(5) the term ‘‘cost of attendance’’ has the meaning given 

such term in section 472 of the Higher Education Act of 1965. 

(6) the term ‘‘Non-public school’’ means a non-public 

elementary and secondary school that (A) is accredited, licensed, 

or otherwise operates in accordance with State law; and (B) 

was in existence prior to the date of the qualifying emergency 

for which grants are awarded under this section; 

(7) the term ‘‘public school’’ means a public elementary 

or secondary school; and 

(8) any other term used that is defined in section 8101 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801) shall have the meaning given the term in such 

section. 

MAINTENANCE OF EFFORT

SEC. 18008. (a) A State’s application for funds to carry out 

sections 18002 or 18003 of this title shall include assurances that 

the State will maintain support for elementary and secondary education, and State support for higher education (which shall include 

State funding to institutions of higher education and state needbased financial aid, and shall not include support for capital projects 

or for research and development or tuition and fees paid by students) in fiscal years 2020 and 2021 at least at the levels of 

such support that is the average of such State’s support for 

elementary and secondary education and for higher education provided in the 3 fiscal years preceding the date of enactment of 

this Act. 

(b) The secretary may waive the requirement in subsection 

(a) for the purpose of relieving fiscal burdens on States that have 

experienced a precipitous decline in financial resources. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For an additional amount for ‘‘Safe Schools and Citizenship Education’’, $100,000,000, to remain available through September 

30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, to supplement funds otherwise available 

for ‘‘Project SERV’’, including to help elementary, secondary and 

postsecondary schools clean and disinfect affected schools, and assist 

in counseling and distance learning and associated costs: Provided, That such amount is designated by the Congress as being for 
H. R. 748—290 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

GALLAUDET UNIVERSITY

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

$7,000,000, to remain available through September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, including to help defray the expenses directly 

caused by coronavirus and to enable grants to students for expenses 

directly related to coronavirus and the disruption of university 

operations: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

STUDENT AID ADMINISTRATION

For an additional amount for ‘‘Student Aid Administration’’, 

$40,000,000, to remain available through September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, for carrying out part D of title I, and subparts 

1, 3, 9 and 10 of part A, and parts B, C, D, and E of title 

IV of the HEA, and subpart 1 of part A of title VII of the Public 

Health Service Act: Provided, That such amount is designated by 

the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

HOWARD UNIVERSITY

For an additional amount for ‘‘Howard University’’, $13,000,000, 

to remain available through September 30, 2021, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

including to help defray the expenses directly caused by coronavirus 

and to enable grants to students for expenses directly related to 

coronavirus and the disruption of university operations: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

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

$8,000,000, to remain available through September 30, 2021 to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally: Provided, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, $7,000,000, to remain available through September 30, 2022, to 

prevent, prepare for, and respond to coronavirus, domestically or 
H. R. 748—291 

internationally, including for salaries and expenses necessary for 

oversight and audit of programs, grants, and projects funded in 

this Act to respond to coronavirus: Provided, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

CORPORATION FOR PUBLIC BROADCASTING

For an additional amount for ‘‘Corporation for Public Broadcasting’’, $75,000,000, to remain available through September 30, 

2021, to prevent, prepare for, and respond to coronavirus, including 

for fiscal stabilization grants to public telecommunications entities, 

as defined by 47 U.S.C. 397(12), with no deduction for administrative or other costs of the Corporation, to maintain programming 

and services and preserve small and rural stations threatened by 

declines in non-Federal revenues: Provided, That such amount is 

designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For an additional amount for ‘‘Institute of Museum and Library 

Services’’, $50,000,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, including 

grants to States, territories and tribes to expand digital network 

access, purchase internet accessible devices, and provide technical 

support services: Provided, That any matching funds requirements 

for States, tribes, libraries, and museums are waived for grants 

provided with funds made available under this heading in this 

Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

RAILROAD RETIREMENT BOARD

LIMITATION ON ADMINISTRATION

For an additional amount for the ‘‘Railroad Retirement Board’’, 

$5,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including the purchase of information technology equipment to improve the mobility 

of the workforce and provide for additional hiring or overtime 

hours as needed to administer the Railroad Unemployment Insurance Act: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—292 

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For an additional amount for ‘‘Limitation on Administrative 

Expenses’’, $300,000,000, to remain available through September 

30, 2021 to prevent, prepare for, and respond to coronavirus, domestically or internationally, including paying the salaries and benefits 

of all employees affected as a result of office closures, telework, 

phone and communication services for employees, overtime costs, 

and supplies, and for resources necessary for processing disability 

and retirement workloads and backlogs: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

(INCLUDING TRANSFER OF FUNDS)

SEC. 18108. Funds appropriated by this title may be used 

by the Secretary of the Department of Health and Human Services 

to appoint, without regard to the provisions of sections 3309 through 

3319 of title 5 of the United States Code, candidates needed for 

positions to perform critical work relating to coronavirus for which— 

(1) public notice has been given; and 

(2) the Secretary of Health and Human Services has determined that such a public health threat exists. 

SEC. 18109. Funds made available by this title may be used 

to enter into contracts with individuals for the provision of personal 

services (as described in section 104 of part 37 of title 48, Code 

of Federal Regulations (48 CFR 37.104)) to support the prevention 

of, preparation for, or response to coronavirus, domestically and 

internationally, subject to prior notification to the Committees on 

Appropriations of the House of Representatives and the Senate: 

Provided, That such individuals may not be deemed employees 

of the United States for the purpose of any law administered 

by the Office of Personnel Management: Provided further, That 

the authority made available pursuant to this section shall expire 

on September 30, 2024. 

SEC. 18110. (a) If services performed by an employee during 

fiscal year 2020 are determined by the head of the agency to 

be primarily related to preparation, prevention, or response to 

coronavirus, any premium pay for such services shall be disregarded 

in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of 

title 5, United States Code, or under any other provision of law, 

whether such employee’s pay is paid on a biweekly or calendar 

year basis. 

(b) Any overtime pay for such services shall be disregarded 

in calculating any annual limit on the amount of overtime pay 

payable in a calendar or fiscal year. 

(c) With regard to such services, any pay that is disregarded 

under either subsection (a) or (b) shall be disregarded in calculating 

such employee’s aggregate pay for purposes of the limitation in 

section 5307 of such title 5. 

(d)(1) Pay that is disregarded under subsection (a) or (b) shall 

not cause the aggregate of the employee’s basic pay and premium 
H. R. 748—293 

pay for the applicable calendar year to exceed the rate of basic 

pay payable for a position at level II of the Executive Schedule 

under section 5313 of title 5, United States Code, as in effect 

at the end of such calendar year. 

(2) For purposes of applying this subsection to an employee 

who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, ‘‘premium 

pay’’ means the premium pay paid under the provisions of law 

cited in section 5547(a). 

(3) For purposes of applying this subsection to an employee 

under a premium pay limit established under an authority other 

than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments 

are considered premium pay. 

(e) This section shall take effect as if enacted on February 

2, 2020. 

(f) If application of this section results in the payment of 

additional premium pay to a covered employee of a type that is 

normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— 

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

for any purpose; or 

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

covered employee for accumulated and accrued annual leave 

under section 5551 or section 5552 of title 5, United States 

Code. 

SEC. 18111. Funds appropriated by this title to the heading 

‘‘Department of Health and Human Services’’ may be transferred 

to, and merged with, other appropriation accounts under the 

headings ‘‘Centers for Disease Control and Prevention’’, ‘‘Public 

Health and Social Services Emergency Fund’’, ‘‘Administration for 

Children and Families’’, ‘‘Administration for Community Living’’, 

and ‘‘National Institutes of Health’’ to prevent, prepare for, and 

respond to coronavirus following consultation with the Office of 

Management and Budget: Provided, That the Committees on Appropriations of the House of Representatives and the Senate shall 

be notified 10 days in advance of any such transfer: Provided 

further, That, upon a determination that all or part of the funds 

transferred from an appropriation by this title are not necessary, 

such amounts may be transferred back to that appropriation: Provided further, That none of the funds made available by this title 

may be transferred pursuant to the authority in section 205 of 

division A of Public Law 116–94 or section 241(a) of the PHS 

Act. 

SEC. 18112. Not later than 30 days after the date of enactment 

of this Act, the Secretary of Health and Human Services shall 

provide a detailed spend plan of anticipated uses of funds made 

available to the Department of Health and Human Services in 

this Act, including estimated personnel and administrative costs, 

to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such plans shall be updated 

and submitted to such Committees every 60 days until September 

30, 2024: Provided further, That the spend plans shall be accompanied by a listing of each contract obligation incurred that exceeds 

$5,000,000 which has not previously been reported, including the 

amount of each such obligation. 
H. R. 748—294 

SEC. 18113. Of the funds appropriated by this title under the 

heading ‘‘Public Health and Social Services Emergency Fund’’, up 

to $4,000,000 shall be transferred to, and merged with, funds made 

available under the heading ‘‘Office of the Secretary, Office of 

Inspector General’’, and shall remain available until expended, for 

oversight of activities supported with funds appropriated to the 

Department of Health and Human Services to prevent, prepare 

for, and respond to coronavirus, domestically or internationally: 

Provided, That the Inspector General of the Department of Health 

and Human Services shall consult with the Committees on Appropriations of the House of Representatives and the Senate prior 

to obligating such funds: Provided further, That the transfer 

authority provided by this section is in addition to any other transfer 

authority provided by law. 

SEC. 18114. (a) Funds appropriated in title III of the 

Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123) shall be paid to the ‘‘Department of Homeland Security—Countering Weapons of Mass Destruction Office—Federal Assistance’’account for costs incurred, including 

to reimburse costs incurred prior to the enactment of this Act, 

under other transaction authority and related to screening for 

coronavirus, domestically or internationally. 

(b) The term coronavirus has the meaning given the term 

in section 506 of the Coronavirus Preparedness and Response 

Supplemental Appropriations Act, 2020. 

(c) The amounts repurposed in this section that were previously 

designated by the Congress as an emergency requirement pursuant 

to the Balanced Budget and Emergency Deficit Control Act of 

1985 are designated by the Congress as an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

SEC. 18115. (a) IN GENERAL.—Every laboratory that performs 

or analyzes a test that is intended to detect SARS–CoV–2 or to 

diagnose a possible case of COVID–19 shall report the results 

from each such test, to the Secretary of Health and Human Services 

in such form and manner, and at such timing and frequency, 

as the Secretary may prescribe until the end of the Secretary’s 

Public Health Emergency declaration with respect to COVID–19 

or any extension of such declaration. 

(b) LABORATORIES COVERED.—The Secretary may prescribe 

which laboratories must submit reports pursuant to this section. 

(c) IMPLEMENTATION.—The Secretary may make prescriptions 

under this section by regulation, including by interim final rule, 

or by guidance, and may issue such regulations or guidance without 

regard to the procedures otherwise required by section 553 of title 

5, United States Code. 

(d) REPEALER.—Section 1702 of division A of the Families First 

Coronavirus Response Act is repealed. 
H. R. 748—295 

TITLE IX 

LEGISLATIVE BRANCH 

SENATE 

CONTINGENT EXPENSES OF THE SENATE

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For an additional amount for ‘‘Sergeant at Arms and Doorkeeper of the Senate’’, $1,000,000, to remain available until 

expended, to prevent, prepare for, and respond to coronavirus, 

domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

MISCELLANEOUS ITEMS

For an additional amount for ‘‘Miscellaneous Items’’, $9,000,000, 

to remain available until expended, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally, subject to 

approval by the Committee on Appropriations of the Senate and 

the Senate Committee on Rules and Administration: Provided, That 

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

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $25,000,000, to remain available until September 30, 2021, except 

that $5,000,000 shall remain available until expended, to prevent, 

prepare for, and respond to coronavirus, domestically or internationally, to be allocated in accordance with a spend plan submitted 

to the Committee on Appropriations of the House of Representatives 

by the Chief Administrative Officer and approved by such Committee: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

JOINT ITEMS 

OFFICE OF THE ATTENDING PHYSICIAN

For an additional amount for ‘‘Office of the Attending Physician’’, $400,000, to remain available until expended, to prevent, 

prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—296 

CAPITOL POLICE

SALARIES

For an additional amount for ‘‘Salaries’’, $12,000,000, to remain 

available until September 30, 2021, to prevent, prepare for, and 

respond to coronavirus, domestically or internationally: Provided, 

That the Capitol Police may transfer amounts appropriated under 

this heading in this Act to ‘‘General Expenses’’ without the approval 

requirement of 2 U.S.C. 1907(a): Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

ARCHITECT OF THE CAPITOL 

CAPITAL CONSTRUCTION AND OPERATIONS

For an additional amount for ‘‘Capital Construction and Operations’’, $25,000,000, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, including to purchase and distribute cleaning 

and sanitation products throughout all facilities and grounds under 

the care of the Architect of the Capitol, wherever located, and 

any related services and operational costs: Provided, That the 

Architect of the Capitol shall provide a report within 30 days 

enactment of this Act, and every 30 days thereafter, to the Committees on Appropriations of the Senate and House of Representatives, 

the Senate Committee on Rules and Administration, and the Committee on House Administration on expenditure of funds from 

amounts appropriated under this heading in this Act: Provided 

further, That this amount shall be in addition to any other funds 

available for such purposes in appropriations Acts for the legislative 

branch: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$700,000, to remain available until September 30, 2020, to prevent, 

prepare for, and respond to coronavirus, domestically or internationally, to be made available to the Little Scholars Child Development 

Center, subject to approval by the Committees on Appropriations 

of the Senate and House of Representatives, the Senate Committee 

on Rules and Administration, and the Committee on House 

Administration: Provided, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—297 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$20,000,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

for audits and investigations and for reimbursement of the Tiny 

Findings Child Development Center for salaries for employees, as 

authorized by this Act: Provided, That not later than 90 days 

after the date of enactment of this Act, the Government Accountability Office shall submit to the Committees on Appropriations 

of the House of Representatives and the Senate a spend plan 

specifying funding estimates and a timeline for such audits and 

investigations: Provided further, That $600,000 shall be made available to the Tiny Findings Child Development Center, subject to 

approval by the Committees on Appropriations of the Senate and 

House of Representatives, the Senate Committee on Rules and 

Administration, and the Committee on House Administration: Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

GENERAL PROVISIONS—THIS TITLE 

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES

OF SENATE EMPLOYEE CHILD CARE CENTER

SEC. 19001. The Secretary of the Senate shall reimburse the 

Senate Employee Child Care Center for personnel costs incurred 

starting on April 1, 2020, for employees of such Center who have 

been ordered to cease working due to measures taken in the Capitol 

complex to combat coronavirus, not to exceed $84,000 per month, 

from amounts in the appropriations account ‘‘Miscellaneous Items’’ 

within the contingent fund of the Senate. 

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES

OF HOUSE OF REPRESENTATIVES CHILD CARE CENTER

SEC. 19002. (a) AUTHORIZING USE OF REVOLVING FUND OR

APPROPRIATED FUNDS.—Section 312(d)(3)(A) of the Legislative 

Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is 

amended— 

(1) in subparagraph (A), by striking the period at the 

end and inserting the following: ‘‘, and, at the option of the 

Chief Administrative Officer during an emergency situation, 

the payment of the salary of other employees of the Center.’’; 

and 

(2) by adding at the end the following new subparagraph: 

‘‘(C) During an emergency situation, the payment of 

such other expenses for activities carried out under this 

section as the Chief Administrative Officer determines 

appropriate.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to fiscal year 2020 and each succeeding 

fiscal year. 
H. R. 748—298 

PAYMENTS TO ENSURE CONTINUING AVAILABILITY OF GOODS AND

SERVICES DURING THE CORONAVIRUS EMERGENCY

SEC. 19003. (a) AUTHORIZATION TO MAKE PAYMENTS.—Notwithstanding any other provision of law and subject to subsection (b), 

during an emergency situation, the Chief Administrative Officer 

of the House of Representatives may make payments under contracts with vendors providing goods and services to the House 

in amounts and under terms and conditions other than those provided under the contract in order to ensure that those goods and 

services remain available to the House throughout the duration 

of the emergency. 

(b) CONDITIONS.— (1) APPROVAL REQUIRED.—The Chief Administrative Officer 

may not make payments under the authority of subsection 

(a) without the approval of the Committee on House Administration of the House of Representatives. 

(2) AVAILABILITY OF APPROPRIATIONS.—The authority of the 

Chief Administrative Officer to make payments under the 

authority of subsection (a) is subject to the availability of appropriations to make such payments. 

(c) APPLICABILITY.—This section shall apply with respect to 

fiscal year 2020 and each succeeding fiscal year. 

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES

OF LITTLE SCHOLARS CHILD DEVELOPMENT CENTER

SEC. 19004. The Library of Congress shall reimburse Little 

Scholars Child Development Center for salaries for employees 

incurred from April 1, 2020, to September 30, 2020, for employees 

of such Center who have been ordered to cease working due to 

measures taken in the Capitol complex to combat coronavirus, 

not to exceed $113,000 per month, from amounts in the appropriations account ‘‘Library of Congress—Salaries and Expenses’’. 

AUTHORIZING PAYMENTS UNDER SERVICE CONTRACTS DURING THE

CORONAVIRUS EMERGENCY

SEC. 19005. (a) AUTHORIZING PAYMENTS.—Notwithstanding section 3324(a) of title 31, United States Code, or any other provision 

of law and subject to subsection (b), if the employees of a contractor 

with a service contract with the Architect of the Capitol are furloughed or otherwise unable to work during closures, stop work 

orders, or reductions in service arising from or related to the impacts 

of coronavirus, the Architect of the Capitol may continue to make 

the payments provided for under the contract for the weekly salaries 

and benefits of such employees for not more than 16 weeks. 

(b) AVAILABILITY OF APPROPRIATIONS.—The authority of the 

Architect of the Capitol to make payments under the authority 

of subsection (a) is subject to the availability of appropriations 

to make such payments. 

(c) REGULATIONS.—The Architect of the Capitol shall promulgate such regulations as may be necessary to carry out this section. 

MASS MAILINGS AS FRANKED MAIL

SEC. 19006. (a) WAIVER.—Section 3210(a)(6)(D) of title 39, 

United States Code, is amended by striking the period at the 

end of the first sentence and inserting the following: ‘‘, and in 
H. R. 748—299 

the case of the Commission, to waive this paragraph in the case 

of mailings sent in response to or to address threats to life safety.’’. 

(b) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to mailings sent on or after the 

date of the enactment of this Act. 

TECHNICAL CORRECTION

SEC. 19007. In the matter preceding the first proviso under 

the heading ‘‘Library of Congress—Salaries and Expenses’’ in division E of the Further Consolidated Appropriations Act, 2020 (Public 

Law 116–94), strike ‘‘ $504,164,000’’ and insert ‘‘ $510,164,000’’. 

CONFORMING AMENDMENT

SEC. 19008. Section 110(a)(1)(A) of the Family and Medical 

Leave Act of 1993 (as added by section 3102 of the Families First 

Coronavirus Response Act (Public Law 116–127)) is amended— 

(1) by inserting before ‘‘In lieu of’’ the following: 

‘‘(i) IN GENERAL.—’’; and 

(2) by adding at the end the following: 

‘‘(ii) SPECIAL RULE.—For purposes of applying section 102(a)(1)(F) and this section under the Congressional Accountability Act of 1995, in lieu of the definition in section 202(a)(2)(B) of that Act (2 U.S.C. 

1312(a)(2)(B)), the term ‘eligible employee’ means a 

covered employee (as defined in section 101 of that 

Act (2 U.S.C. 1301)) who has been employed for at 

least 30 calendar days by the employing office (as 

so defined) with respect to whom leave is requested 

under section 102(a)(1)(F).’’. 

SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES

OF TINY FINDINGS CHILD DEVELOPMENT CENTER

SEC. 19009. The Government Accountability Office may 

reimburse the Tiny Findings Child Development Center for salaries 

for employees incurred from April 1, 2020, to September 30, 2020, 

for employees of such Center who have been ordered to cease 

working due to measures taken in the Capitol complex to combat 

coronavirus, not to exceed $100,000 per month, from amounts in 

the appropriations account ‘‘Government Accountability Office— 

Salaries and Expenses’’. 

OVERSIGHT AND AUDIT AUTHORITY

SEC. 19010. (a) DEFINITIONS.—In this section— 

(1) the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Appropriations of the Senate; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(C) the Committee on Health, Education, Labor, and 

Pensions of the Senate; 

(D) the Committee on Appropriations of the House 

of Representatives; 

(E) the Committee on Homeland Security of the House 

of Representatives; 
H. R. 748—300 

(F) the Committee on Oversight and Reform of the 

House of Representatives; and 

(G) the Committee on Energy and Commerce of the 

House of Representatives; and 

(2) the term ‘‘Comptroller General’’ means the Comptroller 

General of the United States. 

(b) AUTHORITY.—The Comptroller General shall conduct monitoring and oversight of the exercise of authorities, or the receipt, 

disbursement, and use of funds made available, under this Act 

or any other Act to prepare for, respond to, and recover from 

the Coronavirus 2019 pandemic and the effect of the pandemic 

on the health, economy, and public and private institutions of 

the United States, including public health and homeland security 

efforts by the Federal Government and the use of selected funds 

under this or any other Act related to the Coronavirus 2019 pandemic and a comprehensive audit and review of charges made 

to Federal contracts pursuant to authorities provided in the 

Coronavirus Aid, Relief, and Economic Security Act. 

(c) BRIEFINGS AND REPORTS.—In conducting monitoring and 

oversight under subsection (b), the Comptroller General shall— 

(1) during the period beginning on the date of enactment 

of this Act and ending on the date on which the national 

emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 

Coronavirus Disease 2019 (COVID–19) expires, offer regular 

briefings on not less frequently than a monthly basis to the 

appropriate congressional committees regarding Federal public 

health and homeland security efforts; 

(2) publish reports regarding the ongoing monitoring and 

oversight efforts, which, along with any audits and investigations conducted by the Comptroller General, shall be submitted 

to the appropriate congressional committees and posted on 

the website of the Government Accountability Office— 

(A) not later than 90 days after the date of enactment 

of this Act, and every other month thereafter until the 

date that is 1 year after the date of enactment of this 

Act; and 

(B) after the period described in subparagraph (A), 

on a periodic basis; and 

(3) submit to the appropriate congressional committees 

additional reports as warranted by the findings of the monitoring and oversight activities of the Comptroller General. 

(d) ACCESS TO INFORMATION.— 

(1) RIGHT OF ACCESS.—In conducting monitoring and oversight activities under this section, the Comptroller General 

shall have access to records, upon request, of any Federal, 

State, or local agency, contractor, grantee, recipient, or subrecipient pertaining to any Federal effort or assistance of any 

type related to the Coronavirus 2019 pandemic under this 

Act or any other Act, including private entities receiving such 

assistance. 

(2) COPIES.—The Comptroller General may make and 

retain copies of any records accessed under paragraph (1) as 

the Comptroller General determines appropriate. 

(3) INTERVIEWS.—In addition to such other authorities as 

are available, the Comptroller General or a designee of the 

Comptroller General may interview Federal, State, or local 
H. R. 748—301 

officials, contractor staff, grantee staff, recipients, or subrecipients pertaining to any Federal effort or assistance of any type 

related to the Coronavirus 2019 pandemic under this or any 

other Act, including private entities receiving such assistance. 

(4) INSPECTION OF FACILITIES.—As determined necessary 

by the Comptroller General, the Government Accountability 

Office may inspect facilities at which Federal, State, or local 

officials, contractor staff, grantee staff, or recipients or subrecipients carry out their responsibilities related to the 

Coronavirus 2019 pandemic. 

(5) ENFORCEMENT.—Access rights under this subsection 

shall be subject to enforcement consistent with section 716 

of title 31, United States Code. 

(e) RELATIONSHIP TO EXISTING AUTHORITY.—Nothing in this 

section shall be construed to limit, amend, supersede, or restrict 

in any manner any existing authority of the Comptroller General. 

NATIONAL EMERGENCY RELIEF AUTHORITY FOR THE REGISTER OF

COPYRIGHTS

SEC. 19011. (a) AMENDMENT.—Chapter 7 of title 17, United 

States Code, is amended by adding at the end the following: 

‘‘§ 710. Emergency relief authority 

‘‘(a) EMERGENCY ACTION.—If, on or before December 31, 2021, 

the Register of Copyrights determines that a national emergency 

declared by the President under the National Emergencies Act 

(50 U.S.C. 1601 et seq.) generally disrupts or suspends the ordinary 

functioning of the copyright system under this title, or any component thereof, including on a regional basis, the Register may, on 

a temporary basis, toll, waive, adjust, or modify any timing provision 

(including any deadline or effective period, except as provided in 

subsection (c)) or procedural provision contained in this title or 

chapters II or III of title 37, Code of Federal Regulations, for 

no longer than the Register reasonably determines to be appropriate 

to mitigate the impact of the disruption caused by the national 

emergency. In taking such action, the Register shall consider the 

scope and severity of the particular national emergency, and its 

specific effect with respect to the particular provision, and shall 

tailor any remedy accordingly. 

‘‘(b) NOTICE AND EFFECT.—Any action taken by the Register 

in response to a national emergency pursuant to subsection (a) 

shall not be subject to section 701(e) or subchapter II of chapter 

5 of title 5, United States Code, and chapter 7 of title 5, United 

States Code. The provision of general public notice detailing the 

action being taken by the Register in response to the national 

emergency under subsection (a) is sufficient to effectuate such 

action. The Register may make such action effective both prospectively and retroactively in relation to a particular provision as 

the Register determines to be appropriate based on the timing, 

scope, and nature of the public emergency, but any action by the 

Register may only be retroactive with respect to a deadline that 

has not already passed before the declaration described in subsection (a). 

‘‘(c) STATEMENT REQUIRED.—Except as provided in subsection 

(d), not later than 20 days after taking any action that results 

in a provision being modified for a cumulative total of longer than 

120 days, the Register shall submit to Congress a statement 
H. R. 748—302 

detailing the action taken, the relevant background, and rationale 

for the action. 

‘‘(d) EXCEPTIONS.—The authority of the Register to act under 

subsection (a) does not extend provisions under this title requiring 

the commencement of an action or proceeding in Federal court 

within a specified period of time, except that if the Register adjusts 

the license availability date defined in section 115(e)(15), such 

adjustment shall not affect the ability to commence actions for 

any claim of infringement of exclusive rights provided by paragraphs (1) and (3) of section 106 against a digital music provider 

arising from the unauthorized reproduction or distribution of a 

musical work by such digital music provider in the course of 

engaging in covered activities that accrued after January 1, 2018, 

provided that such action is commenced within the time periods 

prescribed under section 115(d)(10)(C)(i) or 115(d)(10)(C)(ii) as calculated from the adjusted license availability date. If the Register 

adjusts the license availability date, the Register must provide 

the statement to Congress under subsection (c) at the same time 

as the public notice of such adjustment with a detailed explanation 

of why such adjustment is needed. 

‘‘(e) COPYRIGHT TERM EXCEPTION.—The authority of the Register to act under subsection (a) does not extend to provisions 

under chapter 3, except section 304(c), or section 1401(a)(2). 

‘‘(f) OTHER LAWS.—Notwithstanding section 301 of the National 

Emergencies Act (50 U.S.C. 1631), the authority of the Register 

under subsection (a) is not contingent on a specification made 

by the President under such section or any other requirement 

under that Act (other than the emergency declaration under section 

201(a) of such Act (50 U.S.C. 1621(a))). The authority described 

in this section supersedes the authority of title II of the National 

Emergencies Act (50 U.S.C. 1621 et seq.).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 7 of title 17, United States Code, is amended 

by adding at the end the following: 

‘‘710. Emergency relief authority.’’. 

(c) EMERGENCY REQUIREMENT.—The amount provided by this 

section is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

TITLE X 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

GENERAL OPERATING EXPENSES, VETERANS BENEFITS

ADMINISTRATION

For an additional amount for ‘‘General Operating Expenses, Veterans Benefits Administration’’, $13,000,000, to remain available 

until September 30, 2021, to prevent, prepare for, and respond 

to coronavirus, domestically or internationally: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—303 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

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

$14,432,000,000, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, including related impacts on health care delivery, 

and for support to veterans who are homeless or at risk of becoming 

homeless: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

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

MEDICAL COMMUNITY CARE

For an additional amount for ‘‘Medical Community Care’’, $2,100,000,000, to remain available until September 30, 2021, to 

prevent, prepare for, and respond to coronavirus, domestically or 

internationally, including related impacts on health care delivery: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

MEDICAL SUPPORT AND COMPLIANCE

For an additional amount for ‘‘Medical Support and Compliance’’, $100,000,000, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus, domestically 

or internationally, including related impacts on health care delivery: 

Provided, That such amount is designated by the Congress as 

being for an emergency requirement pursuant to section 

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

MEDICAL FACILITIES

For an additional amount for ‘‘Medical Facilities’’, $606,000,000, 

to remain available until September 30, 2021, to prevent, prepare 

for, and respond to coronavirus, domestically or internationally, 

including related impacts on health care delivery: Provided, That 

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

DEPARTMENTAL ADMINISTRATION

GENERAL ADMINISTRATION

For an additional amount for ‘‘General Administration’’, 

$6,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—304 

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ‘‘Information Technology Systems’’, $2,150,000,000, to remain available until September 30, 

2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including related impacts on health care 

delivery: Provided, That the Secretary shall transmit to the Committees on Appropriations of both Houses of Congress a spend plan 

detailing the allocation of such funds between pay and associated 

costs, operations and maintenance, and information technology systems development: Provided further, That after such transmittal 

is provided, funds may only be reprogrammed among the three 

subaccounts referenced in the previous proviso after the Secretary 

of Veterans Affairs submits notice to the Committees on Appropriations of both Houses of Congress: Provided further, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, $12,500,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for oversight and audit of programs, activities, grants 

and projects funded under this title: Provided, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For an additional amount for ‘‘Grants for Construction of State 

Extended Care Facilities’’, $150,000,000, to remain available until 

September 30, 2021, to prevent, prepare for, and respond to 

coronavirus, domestically or internationally, including to modify 

or alter existing hospital, nursing home, and domiciliary facilities 

in State homes: Provided, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

RELATED AGENCIES 

ARMED FORCES RETIREMENT HOME TRUST FUND

For an additional amount for the ‘‘Armed Forces Retirement 

Home Trust Fund’’, $2,800,000, to remain available until September 

30, 2021, to prevent, prepare for, and respond to coronavirus, to 

be paid from funds available in the Armed Forces Retirement 

Home Trust Fund: Provided, That of the amounts made available 

under this heading from funds available in the Armed Forces Retirement Home Trust Fund, $2,800,000 shall be paid from the general 

fund of the Treasury to the Trust Fund: Provided further, That 

the Chief Executive Officer of the Armed Forces Retirement Home 

shall submit to the Committees on Appropriations of both Houses 

of Congress monthly reports detailing obligations, expenditures, 
H. R. 748—305 

and planned activities: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

(INCLUDING TRANSFER OF FUNDS)

SEC. 20001. Amounts made available for the Department of 

Veterans Affairs in this title, under the ‘‘Medical Services’’, ‘‘Medical 

Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

Facilities’’ accounts may be transferred among the accounts to prevent, prepare for, and respond to coronavirus, domestically and 

internationally: Provided, That any transfers among the ‘‘Medical 

Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and 

Compliance’’, and ‘‘Medical Facilities’’ accounts of 2 percent or less 

of the total amount appropriated to an account in this title may 

take place subject to notification from the Secretary of Veterans 

Affairs to the Committees on Appropriations of both Houses of 

Congress of the amount and purpose of the transfer: Provided 

further, That any transfers among the ‘‘Medical Services’’, ‘‘Medical 

Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

Facilities’’ accounts in excess of 2 percent of the total amount 

appropriated to an account in this title, or exceeding a cumulative 

2 percent for all of the funds provided in this title, may take 

place only after the Secretary requests from the Committees on 

Appropriations of both Houses of Congress the authority to make 

the transfer and an approval is issued. 

SEC. 20002. For all of the funds appropriated in this title 

the Secretary of Veterans Affairs shall submit to the Committees 

on Appropriations of both Houses of Congress monthly reports 

detailing obligations, expenditures, and planned activities. 

PUBLIC HEALTH EMERGENCY

SEC. 20003. In this title, the term ‘‘public health emergency’’ 

means an emergency with respect to COVID–19 declared by a 

Federal, State, or local authority. 

SHORT-TERM AGREEMENTS OR CONTRACTS WITH TELECOMMUNICATIONS PROVIDERS TO EXPAND TELEMENTAL HEALTH SERVICES

FOR ISOLATED VETERANS DURING A PUBLIC HEALTH EMERGENCY

SEC. 20004. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs may enter into shortterm agreements or contracts with telecommunications companies 

to provide temporary, complimentary or subsidized, fixed and mobile 

broadband services for the purposes of providing expanded mental 

health services to isolated veterans through telehealth or VA Video 

Connect during a public health emergency. 

(b) ELIGIBILITY.— 

(1) IN GENERAL.—The Secretary may expand eligibility for 

services described in subsection (a) from the Department of 

Veterans Affairs to include veterans already receiving care 

from the Department who may not be eligible for mental health 

services or other health care services delivered through telehealth or VA Video Connect. 
H. R. 748—306 

(2) PRIORITY.—For purposes of expanding eligibility under 

paragraph (1), the Secretary shall prioritize— 

(A) veterans who are in unserved and underserved 

areas; 

(B) veterans who reside in rural and highly rural areas, 

as defined in the Rural-Urban Commuting Areas coding 

system of the Department of Agriculture; 

(C) low-income veterans; and 

(D) any other veterans that the Secretary considers 

to be at a higher risk for suicide and mental health concerns 

during isolation periods due to a public health emergency. 

(c) DEFINITIONS.—In this section: 

(1) TELEHEALTH.— (A) IN GENERAL.—The term ‘‘telehealth’’ means the 

use of electronic information and telecommunications technologies to support and promote long-distance clinical 

health care, patient and professional health-related education, public health, and health administration. 

(B) TECHNOLOGIES.—For purposes of subparagraph (A), 

telecommunications technologies include videoconferencing, 

the internet, streaming media, and terrestrial and wireless 

communications. 

(2) VA VIDEO CONNECT.—The term ‘‘VA Video Connect’’ 

means the program of the Department of Veterans Affairs 

to connect veterans with their health care team from anywhere, 

using encryption to ensure a secure and private session. 

TREATMENT OF STATE HOMES DURING PUBLIC HEALTH EMERGENCY

SEC. 20005. (a) WAIVER OF OCCUPANCY RATE REQUIREMENTS.— During a public health emergency, occupancy rate requirements 

for State homes for purposes of receiving per diem payments set 

forth in section 51.40(c) of title 38, Code of Federal Regulations, 

or successor regulations, shall not apply. 

(b) WAIVER OF VETERAN PERCENTAGE REQUIREMENTS.—During 

a public health emergency, the veteran percentage requirements 

for State homes set forth in section 51.210(d) of title 38, Code 

of Regulations, or successor regulations, and in agreements for 

grants to construct State homes, shall not apply. 

(c) PROVISION OF MEDICINE, EQUIPMENT, AND SUPPLIES.— (1) IN GENERAL.—During a public health emergency, the 

Secretary of Veterans Affairs may provide to State homes medicines, personal protective equipment, medical supplies, and any 

other equipment, supplies, and assistance available to the 

Department of Veterans Affairs. 

(2) PROVISION OF EQUIPMENT.—Personal protective equipment may be provided under paragraph (1) through the All 

Hazards Emergency Cache of the Department of Veterans 

Affairs or any other source available to the Department. 

(d) DEFINITIONS.—In this section: 

(1) PERSONAL PROTECTIVE EQUIPMENT.—The term ‘‘personal 

protective equipment’’ means any protective equipment required 

to prevent the wearer from contracting COVID–19, including 

gloves, N–95 respirator masks, gowns, goggles, face shields, 

or other equipment required for safety. 

(2) PUBLIC HEALTH EMERGENCY.—The term ‘‘public health 

emergency’’ means an emergency with respect to COVID–19 

declared by a Federal, State, or local authority. 
H. R. 748—307 

(3) STATE HOME.—The term ‘‘State home’’ has the meaning 

given that term in section 101(19) of title 38, United States 

Code. 

MODIFICATIONS TO VETERAN DIRECTED CARE PROGRAM OF

DEPARTMENT OF VETERANS AFFAIRS

SEC. 20006. (a) TELEPHONE OR TELEHEALTH RENEWALS.—For 

the Veteran Directed Care program of the Department of Veterans 

Affairs (in this section referred to as the ‘‘Program’’), during a 

public health emergency, the Secretary of Veterans Affairs shall— 

(1) waive the requirement that an area agency on aging 

process new enrollments and six-month renewals for the Program via an in-person or home visit; and 

(2) allow new enrollments and sixth-month renewals for 

the Program to be conducted via telephone or telehealth 

modality. 

(b) NO SUSPENSION OR DISENROLLMENT.—During a public 

health emergency, the Secretary shall not suspend or dis-enroll 

a veteran or caregiver of a veteran from the Program unless— 

(1) requested to do so by the veteran or a representative 

of the veteran; or 

(2) a mutual decision is made between the veteran and 

a health care provider of the veteran to suspend or dis-enroll 

the veteran or caregiver from the Program. 

(c) WAIVER OF PAPERWORK REQUIREMENT.—During a public 

health emergency, the Secretary may waive the requirement for 

signed, mailed paperwork to confirm the enrollment or renewal 

of a veteran in the Program and may allow verbal consent of 

the veteran via telephone or telehealth modality to suffice for purposes of such enrollment or renewal. 

(d) WAIVER OF OTHER REQUIREMENTS.—During a public health 

emergency, the Secretary shall waive— 

(1) any penalty for late paperwork relating to the Program; 

and 

(2) any requirement to stop payments for veterans or caregivers of veterans under the Program if they are out of State 

for more than 14 days. 

(e) AREA AGENCY ON AGING DEFINED.—In this section, the 

term ‘‘area agency on aging’’ has the meaning given that term 

in section 102 of the Older Americans Act of 1965 (42 U.S.C. 

3002). 

PROVISION BY DEPARTMENT OF VETERANS AFFAIRS OF PROSTHETIC

APPLIANCES THROUGH NON-DEPARTMENT PROVIDERS DURING PUBLIC HEALTH EMERGENCY

SEC. 20007. The Secretary of Veterans Affairs shall ensure 

that, to the extent practicable, veterans who are receiving or are 

eligible to receive a prosthetic appliance under section 1714 or 

1719 of title 38, United States Code, are able to receive such 

an appliance that the Secretary determines is needed from a nonDepartment of Veterans Affairs provider under a contract with 

the Department during a public health emergency. 
H. R. 748—308 

WAIVER OF PAY CAPS FOR EMPLOYEES OF DEPARTMENT OF VETERANS

AFFAIRS DURING PUBLIC HEALTH EMERGENCIES

SEC. 20008. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs may waive any limitation on pay for an employee of the Department of Veterans Affairs 

during a public health emergency for work done in support of 

response to the emergency. 

(b) REPORTING.— 

(1) IN GENERAL.—For each month that the Secretary waives 

a limitation under subsection (a), the Secretary shall submit 

to the Committee on Veterans’ Affairs of the Senate and the 

Committee on Veterans’ Affairs of the House of Representatives 

a report on the waiver. 

(2) CONTENTS.—Each report submitted under paragraph 

(1) for a waiver or waivers in a month shall include the following: 

(A) Where the waiver or waivers were used, including 

in which component of the Department and, as the case 

may be, which medical center of the Department. 

(B) For how many employees the waiver or waivers 

were used, disaggregated by component of the Department 

and, if applicable, medical center of the Department. 

(C) The average amount by which each payment 

exceeded the waived pay limitation that was waived, 

disaggregated by component of the Department and, if 

applicable, medical center of the Department. 

(c) EMPLOYEE OF THE DEPARTMENT OF VETERANS AFFAIRS

DEFINED.—In this section, the term ‘‘employee of the Department 

of Veterans Affairs’’ includes any employee of the Department of 

Veterans Affairs, regardless of the authority under which the 

employee was hired. 

PROVISION BY DEPARTMENT OF VETERANS AFFAIRS OF PERSONAL

PROTECTIVE EQUIPMENT FOR HOME HEALTH WORKERS

SEC. 20009. (a) PROVISION OF EQUIPMENT.— 

(1) IN GENERAL.—During a public health emergency, the 

Secretary of Veterans Affairs shall provide to employees and 

contractors of the Department of Veterans Affairs personal 

protective equipment necessary to provide home care to veterans under the laws administered by the Secretary. 

(2) SOURCE OF EQUIPMENT.—Personal protective equipment 

may be provided under paragraph (1) through the All Hazards 

Emergency Cache of the Department or any other source available to the Department. 

(b) DEFINITIONS.—In this section: 

(1) HOME CARE.—The term ‘‘home care’’ has the meaning 

given that term in section 1803(c) of title 38, United States 

Code. 

(2) PERSONAL PROTECTIVE EQUIPMENT.—The term ‘‘personal 

protective equipment’’ means any protective equipment required 

to prevent the wearer from contracting COVID–19, including 

gloves, N–95 respirator masks, gowns, goggles, face shields, 

or other equipment required for safety. 
H. R. 748—309 

CLARIFICATION OF TREATMENT OF PAYMENTS FOR PURPOSES OF

ELIGIBILITY FOR VETERANS PENSION AND OTHER VETERANS BENEFITS

SEC. 20010. Amounts paid to a person under the 2020 Recovery 

Rebate in the Coronavirus Aid, Relief, and Economic Security Act 

shall not be treated as income or resources for purposes of determining eligibility for pension under chapter 15 of title 38, United 

States Code, or any other benefit under a law administered by 

the Secretary of Veterans Affairs. 

AVAILABILITY OF TELEHEALTH FOR CASE MANAGERS AND HOMELESS

VETERANS

SEC. 20011. The Secretary of Veterans Affairs shall ensure 

that telehealth capabilities are available during a public health 

emergency for case managers of, and homeless veterans participating in, the Department of Housing and Urban Development– 

Department of Veterans Affairs Supportive Housing program (commonly referred to as ‘‘HUD–VASH’’). 

FUNDING LIMITS FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERV- ICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT

HOUSING DURING A PUBLIC HEALTH EMERGENCY

SEC. 20012. In the case of a public health emergency, nothing 

in subsection (e)(1) of section 2044 of title 38, United States Code, 

may be construed as limiting amounts that may be made available 

for carrying out subsections (a), (b), and (c) of such section. 

MODIFICATIONS TO COMPREHENSIVE SERVICE PROGRAMS FOR

HOMELESS VETERANS DURING A PUBLIC HEALTH EMERGENCY

SEC. 20013. (a) RULE OF CONSTRUCTION.—In the case of a 

public health emergency, no authorization of appropriations in section 2014 of title 38, United States Code, may be construed as 

limiting amounts that may be appropriated for carrying out subchapter II of chapter 20 of such title. 

(b) GRANTS AND PER DIEM PAYMENTS.—In the case of a public 

health emergency, the Secretary of Veterans Affairs may waive 

any limits on— 

(1) grant amounts under sections 2011 and 2061 of title 

38, United States Code; and 

(2) rates for per diem payments under sections 2012 and 

2061 of such title. 

(c) PARTICIPANT ABSENCE.—Notwithstanding Veterans Health 

Administration Handbook 1162.01(1), dated July 12, 2013, and 

amended June 30, 2014, and titled ‘‘Grant and Per Diem (GPD) 

Program’’, or any other provision of law, for the duration of a 

public health emergency, the Secretary— 

(1) shall waive any requirement to discharge a veteran 

from the grant and per diem program of the Veterans Health 

Administration after the veteran is absent for 14 days; and 

(2) may continue to pay per diem to grant recipients and 

eligible entities under the program for any additional days 

of absence when a veteran has already been absent for more 

than 72 hours. 

SEC. 20014. The amounts provided by sections 20003 through 

20013 of this title in this Act are designated by the Congress 

as being for an emergency requirement pursuant to section 
H. R. 748—310 

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

TITLE XI 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC PROGRAMS

For an additional amount for ‘‘Diplomatic Programs’’, $324,000,000, to remain available until September 30, 2022, to 

prevent, prepare for, and respond to coronavirus, including for 

necessary expenses to maintain consular operations and to provide 

for evacuation expenses and emergency preparedness: Provided, That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$95,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $258,000,000, to remain available until expended, to prevent, 

prepare for, and respond to coronavirus: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $350,000,000, to remain available until expended, to prevent, 

prepare for, and respond to coronavirus: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 
H. R. 748—311 

INDEPENDENT AGENCIES

PEACE CORPS

For an additional amount for ‘‘Peace Corps’’, $88,000,000, to 

remain available until September 30, 2022, to prevent, prepare 

for, and respond to coronavirus: Provided, That such amount is 

designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

(INCLUDING TRANSFER OF FUNDS)

SEC. 21001. The authorities and limitations of section 402 of 

the Coronavirus Preparedness and Response Supplemental Appropriations Act (division A of Public Law 116–123) shall apply to 

funds appropriated by this title as follows: 

(1) Subsections (a), (d), (e), and (f) shall apply to funds 

under the heading ‘‘Diplomatic Programs’’; and 

(2) Subsections (c), (d), (e), and (f) shall apply to funds 

under the heading ‘‘International Disaster Assistance’’. 

SEC. 21002. Funds appropriated by this title under the headings 

‘‘Diplomatic Programs’’, ‘‘Operating Expenses’’, and ‘‘Peace Corps’’ 

may be used to reimburse such accounts administered by the 

Department of State, the United States Agency for International 

Development, and the Peace Corps, as appropriate, for obligations 

incurred to prevent, prepare for, and respond to coronavirus prior 

to the date of enactment of this Act. 

SEC. 21003. The reporting requirement of section 406(b) of 

the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (division A of Public Law 116–123) shall apply 

to funds appropriated by this title: Provided, That the requirement 

to jointly submit such report shall not apply to the Director of 

the Peace Corps: Provided further, That reports required by such 

section may be consolidated and shall include information on all 

funds made available to such Federal agencies to prevent, prepare 

for, and respond to coronavirus. 

SEC. 21004. Section 7064(a) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) is amended by striking ‘‘ $100,000,000’’ 

and inserting in lieu thereof ‘‘ $110,000,000’’, and by adding the 

following before the period at the end: ‘‘: Provided, That no amounts 

may be used that were designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to the 

Concurrent Resolution on the Budget or the Balanced Budget and 

Emergency Deficit Control Act of 1985’’. 

SEC. 21005. The Department of State, Foreign Operations, and 

Related Programs Appropriations Act, 2020 (division G of Public 

Law 116–94) is amended under the heading ‘‘Emergencies in the 

Diplomatic and Consular Service’’ in title I by striking ‘‘ $1,000,000’’ 

and inserting in lieu thereof ‘‘ $5,000,000’’. 

SEC. 21006. The Department of State, Foreign Operations, and 

Related Programs Appropriations Act, 2020 (division G of Public 

Law 116–94) is amended under the heading ‘‘Millennium Challenge 

Corporation’’ in title III by striking ‘‘ $105,000,000’’ in the first 

proviso and inserting in lieu thereof ‘‘ $107,000,000’’. 
H. R. 748—312 

SEC. 21007. Notwithstanding any other provision of law, and 

in addition to leave authorized under any other provision of law, 

the Secretary of State and the Administrator of the United States 

Agency for International Development may, in order to prevent, 

prepare for, and respond to coronavirus, provide additional paid 

leave to address employee hardships resulting from coronavirus: 

Provided, That this authority shall apply to leave taken since 

January 29, 2020, and may be provided abroad and domestically: 

Provided further, That the Secretary and the Administrator shall 

consult with the Committee on Appropriations and the Committee 

on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives prior to implementation of such authority: Provided 

further, That the authority made available pursuant to this section 

shall expire on September 30, 2022. 

SEC. 21008. The Secretary of State, to prevent, prepare for, 

and respond to coronavirus, may exercise the authorities of section 

3(j) of the State Department Basic Authorities Act of 1956 (22 

U.S.C. 2670(j)) to provide medical services or related support for 

private United States citizens, nationals, and permanent resident 

aliens abroad, or third country nationals connected to such persons 

or to the diplomatic or development missions of the United States 

abroad, who are unable to obtain such services or support otherwise: 

Provided, That such assistance shall be provided on a reimbursable 

basis to the extent feasible: Provided further, That such reimbursements may be credited to the applicable Department of State appropriation and shall remain available until expended: Provided further, That the Secretary shall prioritize providing medical services 

or related support to individuals eligible for the health program 

under section 904 of the Foreign Service Act of 1980 (22 U.S.C. 

4084): Provided further, That the authority made available pursuant 

to this section shall expire on September 30, 2022. 

SEC. 21009. Notwithstanding section 6(b) of the Department 

of State Authorities Act of 2006 (Public Law 109–472; 120 Stat. 

3556), during fiscal year 2020, passport and immigrant visa surcharges collected in any fiscal year pursuant to the fourth paragraph 

under the heading ‘‘Diplomatic and Consular Programs’’ in the 

Department of State and Related Agency Appropriations Act, 2005 

(title IV of division B of Public Law 108–447; 8 U.S.C. 1714) 

may be obligated and expended for the costs of providing consular 

services: Provided, That such funds should be prioritized for United 

States citizen services: Provided further, That not later than 90 

days after the expiration of this authority, the Secretary of State 

shall provide a report to the Committee on Appropriations and 

the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs 

of the House of Representatives detailing the specific expenditures 

made pursuant to this authority: Provided further, That the amount 

provided by this section is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 21010. The Department of State and the United States 

Agency for International Development are authorized to enter into 

contracts with individuals for the provision of personal services 

(as described in section 104 of part 37 of title 48, Code of Federal 

Regulations and including pursuant to section 904 of the Foreign 

Service Act of 1980 (22 U.S.C. 4084)) to prevent, prepare for, and 
H. R. 748—313 

respond to coronavirus, within the United States and abroad, subject to prior consultation with, and the notification procedures of, 

the Committee on Appropriations and the Committee on Foreign 

Relations of the Senate and the Committee on Appropriations and 

the Committee on Foreign Affairs of the House of Representatives: 

Provided, That such individuals may not be deemed employees 

of the United States for the purpose of any law administered 

by the Office of Personnel Management: Provided further, That 

not later than 15 days after utilizing this authority, the Secretary 

of State shall provide a report to the Committee on Appropriations 

and the Committee on Foreign Relations of the Senate and the 

Committee on Appropriations and the Committee on Foreign Affairs 

of the House of Representatives on the overall staffing needs for 

the Office of Medical Services: Provided further, That the authority 

made available pursuant to this section shall expire on September 

30, 2022. 

SEC. 21011. Notwithstanding any other provision of law, the 

Secretary of State and the Administrator of the United States 

Agency for International Development may authorize any oath of 

office required by law to, in particular circumstances that could 

otherwise pose health risks, be administered remotely, subject to 

appropriate verification: Provided, That prior to initially exercising 

the authority of this section, the Secretary and the Administrator 

shall each submit a report to the Committee on Appropriations 

and the Committee on Foreign Relations of the Senate and the 

Committee on Appropriations and the Committee on Foreign Affairs 

of the House of Representatives describing the process and procedures for administering such oaths, including appropriate 

verification: Provided further, That the authority made available 

pursuant to this section shall expire on September 30, 2021. 

SEC. 21012. (a) PURPOSES.—For purposes of strengthening the 

ability of foreign countries to prevent, prepare for, and respond 

to coronavirus and to the adverse economic impacts of coronavirus, 

in a manner that would protect the United States from the spread 

of coronavirus and mitigate an international economic crisis 

resulting from coronavirus that may pose a significant risk to 

the economy of the United States, each paragraph of subsection 

(b) shall take effect upon enactment of this Act. 

(b) CORONAVIRUS RESPONSES.— 

(1) INTERNATIONAL DEVELOPMENT ASSOCIATION REPLENISHMENT.—The International Development Association Act (22 

U.S.C. 284 et seq.) is amended by adding at the end the 

following new section: 

‘‘SEC. 31. NINETEENTH REPLENISHMENT. 

‘‘(a) IN GENERAL.—The United States Governor of the International Development Association is authorized to contribute on 

behalf of the United States $3,004,200,000 to the nineteenth 

replenishment of the resources of the Association, subject to 

obtaining the necessary appropriations. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In order to pay for 

the United States contribution provided for in subsection (a), there 

are authorized to be appropriated, without fiscal year limitation, 

$3,004,200,000 for payment by the Secretary of the Treasury.’’. 

(2) INTERNATIONAL FINANCE CORPORATION AUTHORIZATION.—The International Finance Corporation Act (22 U.S.C. 
H. R. 748—314 

282 et seq.) is amended by adding at the end the following 

new section: 

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

OF AGREEMENT. 

‘‘(a) VOTES AUTHORIZED.—The United States Governor of the 

Corporation is authorized to vote in favor of— 

‘‘(1) a resolution to increase the authorized capital stock 

of the Corporation by 16,999,998 shares, to implement the 

conversion of a portion of the retained earnings of the Corporation into paid-in capital, which will result in the United States 

being issued an additional 3,771,899 shares of capital stock, 

without any cash contribution; 

‘‘(2) a resolution to increase the authorized capital stock 

of the Corporation on a general basis by 4,579,995 shares; 

and 

‘‘(3) a resolution to increase the authorized capital stock 

of the Corporation on a selective basis by 919,998 shares. 

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

States Governor of the Corporation is authorized to agree to and 

accept an amendment to article II, section 2(c)(ii) of the Articles 

of Agreement of the Corporation that would increase the vote by 

which the Board of Governors of the Corporation may increase 

the capital stock of the Corporation from a four-fifths majority 

to an eighty-five percent majority.’’. 

(3) AFRICAN DEVELOPMENT BANK.—The African Development Bank Act (22 U.S.C. 290i et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 1345. SEVENTH CAPITAL INCREASE. 

‘‘(a) SUBSCRIPTION AUTHORIZED.— 

‘‘(1) IN GENERAL.—The United States Governor of the Bank 

may subscribe on behalf of the United States to 532,023 additional shares of the capital stock of the Bank. 

‘‘(2) LIMITATION.—Any subscription by the United States 

to the capital stock of the Bank shall be effective only to 

such extent and in such amounts as are provided in advance 

in appropriations Acts. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—In order to pay for the increase in the 

United States subscription to the Bank under subsection (a), 

there are authorized to be appropriated, without fiscal year 

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

Treasury. 

‘‘(2) SHARE TYPES.—Of the amount authorized to be appropriated under paragraph (1)— ‘‘(A) $437,190,016 shall be for paid in shares of the 

Bank; and 

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

Bank.’’. 

(4) AFRICAN DEVELOPMENT FUND.—The African Development Fund Act (22 U.S.C. 290g et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 226. FIFTEENTH REPLENISHMENT. 

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

is authorized to contribute on behalf of the United States 
H. R. 748—315 

$513,900,000 to the fifteenth replenishment of the resources of 

the Fund, subject to obtaining the necessary appropriations. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In order to pay for 

the United States contribution provided for in subsection (a), there 

are authorized to be appropriated, without fiscal year limitation, 

$513,900,000 for payment by the Secretary of the Treasury.’’. 

(5) INTERNATIONAL MONETARY FUND AUTHORIZATION FOR

NEW ARRANGEMENTS TO BORROW.— 

(A) IN GENERAL.—Section 17 of the Bretton Woods 

Agreements Act (22 U.S.C. 286e–2) is amended— 

(i) in subsection (a)— 

(I) by redesignating paragraphs (3), (4), and 

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

(II) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) In order to carry out the purposes of a one-time decision 

of the Executive Directors of the International Monetary Fund 

(the Fund) to expand the resources of the New Arrangements 

to Borrow, established pursuant to the decision of January 

27, 1997, referred to in paragraph (1), the Secretary of the 

Treasury is authorized to make loans, in an amount not to 

exceed the dollar equivalent of 28,202,470,000 of Special 

Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation of the 

New Arrangements to Borrow, the Secretary of the Treasury 

shall report to Congress whether supplementary resources are 

needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully 

explored other means of funding to the Fund.’’; 

(III) in paragraph (5), as so redesignated, by 

striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

(4)’’; and 

(IV) in paragraph (6), as so redesignated, by 

striking ‘‘December 16, 2022’’ and inserting 

‘‘December 31, 2025’’; and 

(ii) in subsection (e)(1) by striking ‘‘(a)(2),’’ each 

place such term appears and inserting ‘‘(a)(2), (a)(3),’’. 

(B) EMERGENCY DESIGNATION.—The amount provided 

by this paragraph is designated by the Congress as being 

for an emergency requirement pursuant to section 

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

TITLE XII 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $1,753,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus, including necessary expenses for 

operating costs and capital outlays: Provided, That such amounts 

are in addition to any other amounts made available for this purpose: Provided further, That obligations of amounts under this 
H. R. 748—316 

heading in this Act shall not be subject to the limitation on obligations under the heading ‘‘Office of the Secretary—Working Capital 

Fund’’ in division H of the Further Consolidated Appropriations 

Act, 2020 (Public Law 116–94): Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

ESSENTIAL AIR SERVICE

In addition to funds provided to the ‘‘Payments to Air Carriers’’ 

program in Public Law 116–94 to carry out the essential air service 

program under section 41731 through 41742 of title 49, United 

States Code, $56,000,000, to be derived from the general fund 

of the Treasury, and to be made available to the Essential Air 

Service and Rural Improvement Fund, to remain available until 

expended, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

FEDERAL AVIATION ADMINISTRATION

GRANTS-IN-AID FOR AIRPORTS

For an additional amount for ‘‘Grants-In-Aid for Airports’’, $10,000,000,000, to prevent, prepare for, and respond to 

coronavirus, to remain available until expended: Provided, That 

amounts made available under this heading in this Act shall be 

derived from the general fund of the Treasury: Provided further, That funds provided under this heading in this Act shall only 

be available to sponsors of airports defined in section 47102 of 

title 49, United States Code: Provided further, That funds provided 

under this heading in this Act shall not otherwise be subject to 

the requirements of chapter 471 of such title: Provided further, That notwithstanding the previous proviso, section 47112(b) of such 

title shall apply to funds provided for any contract awarded (after 

the date of enactment) for airport development and funded under 

this heading: Provided further, That funds provided under this 

heading in this Act may not be used for any purpose not directly 

related to the airport: Provided further, That of the amounts appropriated under this heading in this Act— (1) Not less than $500,000,000 shall be available to pay 

a Federal share of 100 percent of the costs for which a grant 

is made under Public Law 116–94: Provided, That any 

remaining funds after the apportionment under this paragraph 

(1) shall be distributed as described in paragraph (2) under 

this heading in this Act; (2) Not less than $7,400,000,000 shall be available for 

any purpose for which airport revenues may lawfully be used: 

Provided, That 50 percent of such funds shall be allocated 

among all commercial service airports based on each sponsor’s 

calendar year 2018 enplanements as a percentage of total 2018 

enplanements for all commercial service airports: Provided further, That the remaining 50 percent of such funds shall be 

allocated among all commercial service airports based on an 

equal combination of each sponsor’s fiscal year 2018 debt service 

as a percentage of the combined debt service for all commercial 
H. R. 748—317 

service airports and each sponsor’s ratio of unrestricted reserves 

to their respective debt service: Provided further, That the 

Federal share payable of the costs for which a grant is made 

under this paragraph shall be 100 percent: 

(3) Up to $2,000,000,000 shall be available for any purpose 

for which airport revenues may lawfully be used, and: (A) 

be apportioned as set forth in section 47114(c)(1)(C)(i), 

47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, United States 

Code; (B) not be subject to the reduced apportionments of 

49 U.S.C. 47114(f); and (C) have no maximum apportionment 

limit, notwithstanding 47114(c)(1)(C)(iii) of title 49, United 

States Code: Provided, That any remaining funds after the 

apportionment under this paragraph (3) shall be distributed 

as described in paragraph (2) under this heading in this Act: 

Provided further, That the Federal share payable of the costs 

for which a grant is made under this paragraph shall be 100 

percent; and 

(4) Not less than $100,000,000 shall be for general aviation 

airports for any purpose for which airport revenues may lawfully be used, and, which the Secretary shall apportion directly 

to each eligible airport, as defined in section 47102(8) of title 

49, United States Code, based on the categories published in 

the most current National Plan of Integrated Airport Systems, 

reflecting the percentage of the aggregate published eligible 

development costs for each such category, and then dividing 

the allocated funds evenly among the eligible airports in each 

category, rounding up to the nearest thousand dollars: Provided, 

That the Federal share payable of the costs for which a grant 

is made under this paragraph shall be 100 percent: 

Provided further, That the Administrator of the Federal Aviation 

Administration may retain up to 0.1 percent of the funds provided 

under this heading in this Act to fund the award and oversight 

by the Administrator of grants made under this heading in this 

Act: Provided further, That obligations of funds under this heading 

in this Act shall not be subject to any limitations on obligations 

provided in Public Law 116–94: Provided further, That all airports 

receiving funds under this heading in this Act shall continue to 

employ, through December 31, 2020, at least 90 percent of the 

number of individuals employed (after making adjustments for 

retirements or voluntary employee separations) by the airport as 

of the date of enactment of this Act: Provided further, That the 

Secretary may waive the workforce retention requirement in the 

previous proviso, if the Secretary determines the airport is experiencing economic hardship as a direct result of the requirement, 

or the requirement reduces aviation safety or security: Provided 

further, That the workforce retention requirement shall not apply 

to nonhub airports or nonprimary airports receiving funds under 

this heading in this Act: Provided further, That such amount is 

designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 
H. R. 748—318 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

Of prior year unobligated contract authority and liquidating 

cash provided for Motor Carrier Safety in the Transportation Equity 

Act for the 21st Century (Public Law 105–178), SAFETEA–LU 

(Public Law 109–59), or other appropriations or authorization acts, 

in addition to amounts already appropriated in fiscal year 2020 

for ‘‘Motor Carrier Safety Operations and Programs’’, $150,000 in 

additional obligation limitation is provided and repurposed for 

obligations incurred to support activities to prevent, prepare for, 

and respond to coronavirus. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For an additional amount for ‘‘Safety and Operations’’, $250,000, to remain available until September 30, 2021, to prevent, 

prepare for, and respond to coronavirus: Provided, That such 

amount is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Northeast Corridor Grants to 

the National Railroad Passenger Corporation’’, $492,000,000, to 

remain available until expended, to prevent, prepare for, and 

respond to coronavirus, including to enable the Secretary of 

Transportation to make or amend existing grants to the National 

Railroad Passenger Corporation for activities associated with the 

Northeast Corridor, as authorized by section 11101(a) of the Fixing 

America’s Surface Transportation Act (division A of Public Law 

114–94): Provided, That amounts made available under this heading 

in this Act may be transferred to and merged with ‘‘National Network Grants to the National Railroad Passenger Corporation’’ to 

prevent, prepare for, and respond to coronavirus: Provided further, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘National Network Grants to 

the National Railroad Passenger Corporation’’, $526,000,000, to 

remain available until expended, to prevent, prepare for, and 

respond to coronavirus, including to enable the Secretary of 

Transportation to make or amend existing grants to the National 

Railroad Passenger Corporation for activities associated with the 

National Network as authorized by section 11101(b) of the Fixing 
H. R. 748—319 

America’s Surface Transportation Act (division A of Public Law 

114–94): Provided, That a State shall not be required to pay the 

National Railroad Passenger Corporation more than 80 percent 

of the amount paid in fiscal year 2019 under section 209 of the 

Passenger Rail Investment and Improvement Act of 2008 (Public 

Law 110–432) and that not less than $239,000,000 of the amounts 

made available under this heading in this Act shall be made available for use in lieu of any increase in a State’s payment: Provided 

further, That amounts made available under this heading in this 

Act may be transferred to and merged with ‘‘Northeast Corridor 

Grants to the National Railroad Passenger Corporation’’ to prevent, 

prepare for, and respond to coronavirus: Provided further, That 

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

FEDERAL TRANSIT ADMINISTRATION

TRANSIT INFRASTRUCTURE GRANTS

For an additional amount for ‘‘Transit Infrastructure Grants’’, 

$25,000,000,000, to remain available until expended, to prevent, 

prepare for, and respond to coronavirus: Provided, That the Secretary of Transportation shall provide funds appropriated under 

this heading in this Act as if such funds were provided under 

section 5307 of title 49, United States Code, and section 5311 

of title 49, United States Code and apportion such funds in accordance with section 5336 of such title (other than subsections (h)(1) 

and (h)(4)), section 5311 (other than subsection (b)(3) and (c)(1)(A)), 

section 5337 and section 5340 of title 49, United States Code, 

and apportion such funds in accordance with such sections except 

that funds apportioned under section 5337 shall be added to funds 

apportioned under 5307 for administration under 5307: Provided 

further, That the Secretary shall allocate the amounts provided 

in the preceding proviso under sections 5307, 5311, 5337, and 

5340 of title 49, United States Code, among such sections in the 

same ratio as funds were provided in the fiscal year 2020 appropriations: Provided further, That funds apportioned under this heading 

in this Act shall be apportioned not later than 7 days after the 

date of enactment of this Act: Provided further, That funds shall 

be apportioned using the fiscal year 2020 apportionment formulas: 

Provided further, That not more than three-quarters of 1 percent, 

but not to exceed $75,000,000, of the funds for transit infrastructure 

grants provided under this heading in this Act shall be available 

for administrative expenses and ongoing program management 

oversight as authorized under sections 5334 and 5338(f)(2) of title 

49, United States Code, and shall be in addition to any other 

appropriations for such purpose: Provided further, That notwithstanding subsection (a)(1) or (b) of section 5307 of title 49, United 

States Code, funds provided under this heading are available for 

the operating expenses of transit agencies related to the response 

to a coronavirus public health emergency as described in section 

319 of the Public Health Service Act, including, beginning on 

January 20, 2020, reimbursement for operating costs to maintain 

service and lost revenue due to the coronavirus public health emergency, including the purchase of personal protective equipment, 

and paying the administrative leave of operations personnel due 
H. R. 748—320 

to reductions in service: Provided further, That such operating 

expenses are not required to be included in a transportation 

improvement program, long-range transportation, statewide 

transportation plan, or a statewide transportation improvement 

program: Provided further, That the Secretary shall not waive the 

requirements of section 5333 of title 49, United States Code, for 

funds appropriated under this heading in this Act or for funds 

previously made available under section 5307 of title 49, United 

States Code, or sections 5311, 5337, or 5340 of such title as a 

result of the coronavirus: Provided further, That unless otherwise 

specified, applicable requirements under chapter 53 of title 49, 

United States Code, shall apply to funding made available under 

this heading in this Act, except that the Federal share of the 

costs for which any grant is made under this heading in this 

Act shall be, at the option of the recipient, up to 100 percent: 

Provided further, That the amount made available under this 

heading in this Act shall be derived from the general fund and 

shall not be subject to any limitation on obligations for transit 

programs set forth in any Act: Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MARITIME ADMINISTRATION

OPERATIONS AND TRAINING

For an additional amount for ‘‘Operations and Training’’, $3,134,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That of 

the amounts made available under this heading in this Act, 

$1,000,000 shall be for the operations of the United States Merchant 

Marine Academy: Provided further, That such amount is designated 

by the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

STATE MARITIME ACADEMY OPERATIONS

For an additional amount for ‘‘State Maritime Academy Operations’’, $1,000,000, to remain available until September 30, 2021, 

to prevent, prepare for, and respond to coronavirus: Provided, That 

amounts made available under this heading in this Act shall be 

for direct payments for State Maritime Academies: Provided further, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For an additional amount for ‘‘Office of Inspector General’’, 

$5,000,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus: Provided, That the funding made 

available under this heading in this Act shall be used for conducting 

audits and investigations of projects and activities carried out with 
H. R. 748—321 

funds made available in this Act to the Department of Transportation to prevent, prepare for, and respond to coronavirus: Provided 

further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

ADMINISTRATIVE SUPPORT OFFICES

For an additional amount for ‘‘Administrative Support Offices’’, 

$35,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, for the Office of 

the Chief Financial Officer, including for Department-wide salaries 

and expenses, Information Technology purposes, and to support 

the Department’s workforce in a telework environment: Provided, 

That the amounts provided under this heading in this Act shall 

be in addition to amounts otherwise available for such purposes, 

including amounts made available under the heading ‘‘Program 

Offices’’ in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

PROGRAM OFFICES

For an additional amount for ‘‘Program Offices’’, $15,000,000, 

to remain available until September 30, 2021, to prevent, prepare 

for, and respond to coronavirus: Provided, That of the sums appropriated under this heading in this Act— 

(1) $5,000,000 shall be available for the Office of Public 

and Indian Housing; and 

(2) $10,000,000 shall be available for the Office of Community Planning and Development: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For an additional amount for ‘‘Tenant-Based Rental Assistance’’, $1,250,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, including to provide 

additional funds for public housing agencies to maintain normal 

operations and take other necessary actions during the period that 

the program is impacted by coronavirus: Provided, That of the 

amounts made available under this heading in this Act, 

$850,000,000 shall be available for both administrative expenses 

and other expenses of public housing agencies for their section 

8 programs, including Mainstream vouchers: Provided further, That 

such other expenses shall be new eligible activities to be defined 

by the Secretary and shall include activities to support or maintain 

the health and safety of assisted individuals and families, and 
H. R. 748—322 

costs related to retention and support of participating owners: Provided further, That amounts made available under paragraph (3) 

under this heading in Public Law 116–94 may be used for such 

other expenses, as described in the previous proviso, in addition 

to their other available uses: Provided further, That of the amounts 

made available under this heading in this Act, $400,000,000 shall 

be available for adjustments in the calendar year 2020 section 

8 renewal funding allocations, in addition to any other appropriations available for such purpose, including Mainstream vouchers, 

for public housing agencies that experience a significant increase 

in voucher per-unit costs due to extraordinary circumstances or 

that, despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate 

rental assistance for families as a result of insufficient funding: 

Provided further, That the Secretary shall allocate amounts provided in the previous proviso based on need, as determined by 

the Secretary: Provided further, That the Secretary may waive, 

or specify alternative requirements for, any provision of any statute 

or regulation that the Secretary administers in connection with 

the use of the amounts made available under this heading and 

the same heading of Public Law 116–94 (except for requirements 

related to fair housing, nondiscrimination, labor standards, and 

the environment), upon a finding by the Secretary that any such 

waivers or alternative requirements are necessary for the safe and 

effective administration of these funds, consistent with the purposes 

described under this heading in this Act, to prevent, prepare for, 

and respond to coronavirus: Provided further, That the Secretary 

shall notify the public through the Federal Register or other appropriate means of any such waiver or alternative requirement to 

ensure the most expeditious allocation of this funding, and in order 

for such waiver or alternative requirement to take effect, and that 

such public notice may be provided, at a minimum, on the Internet 

at the appropriate Government web site or through other electronic 

media, as determined by the Secretary: Provided further, That 

any such waivers or alternative requirements shall remain in effect 

for the time and duration specified by the Secretary in such public 

notice and may be extended if necessary upon additional notice 

by the Secretary: Provided further, That to prevent, prepare for, 

and respond to coronavirus, the notification required by section 

223 of Public Law 116–6 and section 221 of Public Law 116– 

94 shall not apply to the award of amounts provided under paragraph (2) of this heading in Public Law 116–6 or under paragraph 

(7)(B) of this heading in Public Law 116–94 in support of the 

family unification program under section 8(x) of such Act: Provided 

further, That the Secretary may award any remaining unobligated 

balances appropriated under this heading in prior Acts for incremental tenant-based assistance contracts under section 811 of the 

Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 

8013), to prevent, prepare for, and respond to coronavirus, without 

competition, including for extraordinary administrative fees: Provided further, That no less than 25 percent of such amounts shall 

be allocated proportionally to public housing agencies who received 

awards in the 2017 and 2019 competitions for such purposes within 

60 days of enactment of this Act: Provided further, That the waiver 

and alternative requirements authority provided under this heading 
H. R. 748—323 

in this Act shall also apply to such incremental tenant-based assistance contract amounts: Provided further, That such amount is designated by the Congress as being for an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

PUBLIC HOUSING OPERATING FUND

For an additional amount for ‘‘Public Housing Operating Fund’’, 

as authorized by section 9(e) of the United States Housing Act 

of 1937 (42 U.S.C. 1437g(e)), $685,000,000, to remain available 

until September 30, 2021, to prevent, prepare for, and respond 

to coronavirus, including to provide additional funds for public 

housing agencies to maintain normal operations and take other 

necessary actions during the period that the program is impacted 

by coronavirus: Provided, That the amount provided under this 

heading in this Act shall be combined with the amount appropriated 

for the same purpose under the same heading of Public Law 116– 

94, and distributed to all public housing agencies pursuant to 

the Operating Fund formula at part 990 of title 24, Code of Federal 

Regulations: Provided further, That for the period from the enactment of this Act through December 31, 2020, such combined total 

amount may be used for eligible activities under subsections (d)(1) 

and (e)(1) of such section 9 and for other expenses related to 

preventing, preparing for, and responding to coronavirus, including 

activities to support or maintain the health and safety of assisted 

individuals and families, and activities to support education and 

child care for impacted families: Provided further, That amounts 

made available under the headings ‘‘Public Housing Operating 

Fund’’ and ‘‘Public Housing Capital Fund’’ in prior Acts, except 

for any set-asides listed under such headings, may be used for 

all of the purposes described in the previous proviso: Provided 

further, That the expanded uses and funding flexibilities described 

in the previous two provisos shall be available to all public housing 

agencies through December 31, 2020, except that the Secretary 

may extend the period under which such flexibilities shall be available in additional 12 month increments upon a finding that individuals and families assisted by the public housing program continue 

to require expanded services due to coronavirus: Provided further, 

That the Secretary may waive, or specify alternative requirements 

for, any provision of any statute or regulation that the Secretary 

administers in connection with the use of such combined total 

amount or funds made available under the headings ‘‘Public 

Housing Operating Fund’’ and ‘‘Public Housing Capital Fund’’ in 

prior Acts (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a 

finding by the Secretary that any such waivers or alternative 

requirements are necessary for the safe and effective administration 

of these funds to prevent, prepare for, and respond to coronavirus: 

Provided further, That the Secretary shall notify the public through 

the Federal Register or other appropriate means of any such waiver 

or alternative requirement, to ensure the most expeditious allocation of this funding, in order for such waiver or alternative requirement to take effect, and that such public notice may be provided, 

at a minimum, on the Internet at the appropriate Government 

web site or through other electronic media, as determined by the 

Secretary: Provided further, That any such waivers or alternative 
H. R. 748—324 

requirements shall remain in effect for the time and duration specified by the Secretary in such public notice and may be extended 

if necessary upon additional notice by the Secretary: Provided further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

NATIVE AMERICAN PROGRAMS

For an additional amount for ‘‘Native American Programs’’, 

$300,000,000, to remain available until September 30, 2024, to 

prevent, prepare for, and respond to coronavirus, for activities and 

assistance authorized under title I of the Native American Housing 

Assistance and Self-Determination Act of 1996 (NAHASDA) (25 

U.S.C. 4111 et seq.), and under title I of the Housing and Community Development Act of 1974 with respect to Indian tribes (42 

U.S.C. 5306(a)(1)): Provided, That the amounts made available 

under this heading in this Act are as follows: 

(1) No less than $200,000,000 shall be available for the 

Native American Housing Block Grants program, as authorized 

under title I of NAHASDA: Provided, That amounts made 

available under this paragraph shall be distributed according 

to the same funding formula used in fiscal year 2020: Provided 

further, That such amounts shall be used by recipients to 

prevent, prepare for, and respond to coronavirus, including 

to maintain normal operations and fund eligible affordable 

housing activities under NAHASDA during the period that 

the program is impacted by coronavirus: Provided further, That 

amounts provided under this heading in this Act may be used 

to cover or reimburse allowable costs to prevent, prepare for, 

and respond to coronavirus that are incurred by a recipient, 

including for costs incurred prior to the date of enactment 

of this Act: Provided further, That the Secretary may waive, 

or specify alternative requirements for, any provision of any 

statute or regulation that the Secretary administers in connection with the use of amounts made available under this paragraph or under the same paragraph in Public Law 116–94 

(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding 

by the Secretary that any such waivers or alternative requirements are necessary to expedite or facilitate the use of such 

amounts to prevent, prepare for, and respond to coronavirus: 

Provided further, That any such waivers shall be deemed to 

be effective as of the date an Indian tribe or tribally designated 

housing entity began preparing for coronavirus and shall apply 

to the amounts made available under this paragraph and to 

the previously appropriated amounts described in the previous 

proviso; and 

(2) Up to $100,000,000 shall be available for grants to 

Indian tribes under the Indian Community Development Block 

Grant program under title I of the Housing and Community 

Development Act of 1974, notwithstanding section 106(a)(1) 

of such Act, to prevent, prepare for, and respond to coronavirus, 

for emergencies that constitute imminent threats to health 

and safety: Provided, That the Secretary shall prioritize, without competition, allocations of these amounts for activities and 

projects designed to prevent, prepare for, and respond to 
H. R. 748—325 

coronavirus: Provided further, That not to exceed 20 percent 

of any grant made with funds appropriated under this paragraph shall be expended for planning and management development and administration: Provided further, That amounts provided under this heading in this Act may be used to cover 

or reimburse allowable costs to prevent, prepare for, and 

respond to coronavirus incurred by a recipient, including for 

costs incurred prior to the date of enactment of this Act: Provided further, That, notwithstanding section 105(a)(8) of such 

Act (42 U.S.C. 5305(a)(8)), there shall be no per centum limitation for the use of funds for public services activities to prevent, 

prepare for, and respond to coronavirus: Provided further, That 

the previous proviso shall apply to all such activities for grants 

of funds made available under this paragraph or under paragraph (4) of this heading in Public Law 116–94: Provided further, That the Secretary may waive, or specify alternative 

requirements for, any provision of any statute or regulation 

that the Secretary administers in connection with the use of 

amounts made available under this paragraph or under paragraph (4) in Public Law 116–94 (except for requirements related 

to fair housing, nondiscrimination, labor standards, and the 

environment), upon a finding by the Secretary that any such 

waivers or alternative requirements are necessary to expedite 

or facilitate the use of such amounts to prevent, prepare for, 

and respond to coronavirus: Provided further, That any such 

waivers shall be deemed to be effective as of the date an 

Indian tribe began preparing for coronavirus and shall apply 

to the amounts made available under this paragraph and to 

the previously appropriated amounts described in the previous 

proviso: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For an additional amount for carrying out the ‘‘Housing 

Opportunities for Persons with AIDS’’ program, as authorized by 

the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

$65,000,000, to remain available until September 30, 2021, except 

that amounts allocated pursuant to section 854(c)(5) of such Act 

shall remain available until September 30, 2022, to provide additional funds to maintain operations and for rental assistance, supportive services, and other necessary actions, in order to prevent, 

prepare for, and respond to coronavirus: Provided, That not less 

than $50,000,000 of the amount provided under this heading in 

this Act shall be allocated pursuant to the formula in section 

854 of such Act using the same data elements as utilized pursuant 

to that same formula in fiscal year 2020: Provided further, That 

up to $10,000,000 of the amount provided under this heading in 

this Act shall be to provide an additional one-time, non-renewable 

award to grantees currently administering existing contracts for 

permanent supportive housing that initially were funded under 

section 854(c)(5) of such Act from funds made available under 
H. R. 748—326 

this heading in fiscal year 2010 and prior years: Provided further, 

That such awards shall be made proportionally to their existing 

grants: Provided further, That such awards are not required to 

be spent on permanent supportive housing: Provided further, That, 

notwithstanding section 859(b)(3)(B) of such Act, housing payment 

assistance for rent, mortgage, or utilities payments may be provided 

for a period of up to 24 months: Provided further, That, to protect 

persons who are living with HIV/AIDS, such amounts provided 

under this heading in this Act may be used to self-isolate, quarantine, or to provide other coronavirus infection control services 

as recommended by the Centers for Disease Control and Prevention 

for household members not living with HIV/AIDS: Provided further, 

That such amounts may be used to provide relocation services, 

including to provide lodging at hotels, motels, or other locations, 

for persons living with HIV/AIDS and household members not living 

with HIV/AIDS: Provided further, That, notwithstanding section 

856(g) of such Act (42 U.S.C. 12905(g)), a grantee may use up 

to 6 percent of its award under this Act for administrative purposes, 

and a project sponsor may use up to 10 percent of its sub-award 

under this Act for administrative purposes: Provided further, That 

such amounts provided under this heading in this Act may be 

used to cover or reimburse allowable costs consistent with the 

purposes of this heading incurred by a grantee or project sponsor 

regardless of the date on which such costs were incurred: Provided 

further, That any regulatory waivers the Secretary may issue may 

be deemed to be effective as of the date a grantee began preparing 

for coronavirus: Provided further, That any additional activities 

or authorities authorized pursuant to this Act may also apply 

at the discretion and upon notice of the Secretary to all amounts 

made available under this same heading in Public Law 116–94 

if such amounts are used by grantees for the purposes described 

under this heading: Provided further, That up to 2 percent of 

amounts made available under this heading in this Act may be 

used, without competition, to increase prior awards made to existing 

technical assistance providers to provide an immediate increase 

in capacity building and technical assistance available to grantees 

under this heading and under the same heading in prior Acts: 

Provided further, That such amount is designated by the Congress 

as being for an emergency requirement pursuant to section 

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

COMMUNITY DEVELOPMENT FUND

For an additional amount for ‘‘Community Development Fund’’, 

$5,000,000,000, to remain available until September 30, 2022, to 

prevent, prepare for, and respond to coronavirus: Provided, That 

up to $2,000,000,000 of the amount made available under this 

heading in this Act shall be distributed pursuant to section 106 

of the Housing and Community Development Act of 1974 (42 U.S.C. 

5306) to grantees that received allocations pursuant to that same 

formula in fiscal year 2020, and that such allocations shall be 

made within 30 days of enactment of this Act: Provided further, 

That, in addition to amounts allocated pursuant to the preceding 

proviso, an additional $1,000,000,000 shall be allocated directly 

to States and insular areas, as defined by 42 U.S.C. 5302(a), to 

prevent, prepare for, and respond to coronavirus within the State 
H. R. 748—327 

or insular area, including activities within entitlement and nonentitlement communities, based on public health needs, risk of 

transmission of coronavirus, number of coronavirus cases compared 

to the national average, and economic and housing market disruptions, and other factors, as determined by the Secretary, using 

best available data and that such allocations shall be made within 

45 days of enactment of this Act: Provided further, That remaining 

amounts shall be distributed directly to the State or unit of general 

local government, at the discretion of the Secretary, according to 

a formula based on factors to be determined by the Secretary, 

prioritizing risk of transmission of coronavirus, number of 

coronavirus cases compared to the national average, and economic 

and housing market disruptions resulting from coronavirus: Provided further, That such allocations may be made on a rolling 

basis based on the best available data at the time of allocation: 

Provided further, That amounts made available in the preceding 

provisos may be used to cover or reimburse allowable costs consistent with the purposes of this heading in this Act incurred 

by a State or locality regardless of the date on which such costs 

were incurred: Provided further, That section 116(b) of such Act 

(42 U.S.C. 5316(b)) and any implementing regulations, which 

requires grantees to submit their final statements of activities 

no later than August 16 of a given fiscal year, shall not apply 

to final statements submitted in accordance with sections 104(a)(2) 

and (a)(3) of such Act (42 U.S.C. 5304(a)(2) and (a)(3)) and comprehensive housing affordability strategies submitted in accordance 

with section 105 of the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 12705) for fiscal years 2019 and 2020: 

Provided further, That such final statements and comprehensive 

housing affordability strategies shall instead be submitted no later 

than August 16, 2021: Provided further, That the Secretary may 

waive, or specify alternative requirements for, any provision of 

any statute or regulation that the Secretary administers in connection with the use of amounts made available under this heading 

in this Act and under the same heading in Public Law 116–94 

and Public Law 116–6 (except for requirements related to fair 

housing, nondiscrimination, labor standards, and the environment), 

upon a finding by the Secretary that any such waivers or alternative 

requirements are necessary to expedite or facilitate the use of 

such amounts to prevent, prepare for, and respond to coronavirus: 

Provided further, That up to $10,000,000 of amounts made available 

under this heading in this Act may be used to make new awards 

or increase prior awards to existing technical assistance providers, 

without competition, to provide an immediate increase in capacity 

building and technical assistance to support the use of amounts 

made available under this heading in this Act and under the same 

heading in prior Acts to prevent, prepare for, and respond to 

coronavirus: Provided further, That, notwithstanding sections 

104(a)(2), (a)(3), and (c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), and (c)) and section 

105 of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 12705), a grantee may adopt and utilize expedited procedures 

to prepare, propose, modify, or amend its statement of activities 

for grants from amounts made available under this heading in 

this Act and under the same heading in Public Law 116–94 and 

Public Law 116–6: Provided further, That under such expedited 

procedures, the grantee need not hold in-person public hearings, 
H. R. 748—328 

but shall provide citizens with notice and a reasonable opportunity 

to comment of no less than 5 days: Provided further, That, for 

as long as national or local health authorities recommend social 

distancing and limiting public gatherings for public health reasons, 

a grantee may create virtual public hearings to fulfill applicable 

public hearing requirements for all grants from funds made available under this heading in this Act and under the same heading 

in Public Law 116–94 and Public Law 116–6: Provided further, 

That any such virtual hearings shall provide reasonable notification 

and access for citizens in accordance with the grantee’s certifications, timely responses from local officials to all citizen questions 

and issues, and public access to all questions and responses: Provided further, That, notwithstanding section 105(a)(8) of the 

Housing and Community Development Act of 1974 (42 U.S.C. 

5305(a)(8)), there shall be no per centum limitation for the use 

of funds for public services activities to prevent, prepare for, and 

respond to coronavirus: Provided further, That the previous proviso 

shall apply to all such activities for grants of funds made available 

under this heading in this Act and under the same heading in 

Public Law 116–94 and Public Law 116–6: Provided further, That 

the Secretary shall ensure there are adequate procedures in place 

to prevent any duplication of benefits as required by section 312 

of the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5155) and in accordance with section 1210 of the 

Disaster Recovery Reform Act of 2018 (division D of Public Law 

115–254; 132 Stat. 3442), which amended section 312 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5155): Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

HOMELESS ASSISTANCE GRANTS

For an additional amount for ‘‘Homeless Assistance Grants’’, 

$4,000,000,000, to remain available until September 30, 2022, to 

prevent, prepare for, and respond to coronavirus, among individuals 

and families who are homeless or receiving homeless assistance 

and to support additional homeless assistance and homelessness 

prevention activities to mitigate the impacts created by coronavirus 

under the Emergency Solutions Grants program as authorized 

under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), as amended: Provided, That 

up to $2,000,000,000 of the amount appropriated under this heading 

in this Act shall be distributed pursuant to 24 CFR 576.3 to grantees 

that received allocations pursuant to that same formula in fiscal 

year 2020, and that such allocations shall be made within 30 

days of enactment of this Act: Provided further, That, remaining 

amounts shall be allocated directly to a State or unit of general 

local government by a formula to be developed by the Secretary 

and that such allocations shall be made within 90 days of enactment 

of this Act: Provided further, That such formula shall allocate 

such amounts for the benefit of unsheltered homeless, sheltered 

homeless, and those at risk of homelessness, to geographical areas 

with the greatest need based on factors to be determined by the 

Secretary, such as risk of transmission of coronavirus, high numbers 

or rates of sheltered and unsheltered homeless, and economic and 
H. R. 748—329 

housing market conditions as determined by the Secretary: Provided 

further, That individuals and families whose income does not exceed 

the Very Low-Income Limit of the area, as determined by the 

Secretary, shall be considered ‘‘at risk of homelessness’’ and shall 

be eligible for homelessness prevention if they meet the criteria 

in section 401(1)(B) and (C) of such Act (42 U.S.C. 11360(1)(B) 

and (C)): Provided further, That amounts provided under this 

heading in this Act may be used to cover or reimburse allowable 

costs to prevent, prepare for, and respond to coronavirus that are 

incurred by a State or locality, including for costs incurred prior 

to the date of enactment of this Act: Provided further, That recipients may deviate from applicable procurement standards when 

procuring goods and services to prevent, prepare for, and respond 

to coronavirus: Provided further, That a recipient may use up to 

10 percent of its allocation for administrative purposes: Provided 

further, That the use of amounts provided under this heading 

in this Act shall not be subject to the consultation, citizen participation, or match requirements that otherwise apply to the Emergency 

Solutions Grants program, except that a recipient must publish 

how it has and will utilize its allocation, at a minimum, on the 

Internet at the appropriate Government web site or through other 

electronic media: Provided further, That the spending cap established pursuant to section 415(b) of such Act (42 U.S.C. 11374) 

shall not apply to amounts provided under this heading in this 

Act: Provided further, That amounts provided under this heading 

in this Act may be used to provide temporary emergency shelters 

(through leasing of existing property, temporary structures, or other 

means) to prevent, prepare for, and respond to coronavirus, and 

that such temporary emergency shelters shall not be subject to 

the minimum periods of use required by section 416(c)(1) of such 

Act (42 U.S.C. 11375(c)(1)): Provided further, That Federal habitability and environmental review standards and requirements shall 

not apply to the use of such amounts for those temporary emergency 

shelters that have been determined by State or local health officials 

to be necessary to prevent, prepare for, and respond to coronavirus: 

Provided further, That amounts provided under this heading in 

this Act may be used for training on infectious disease prevention 

and mitigation and to provide hazard pay, including for time worked 

prior to the date of enactment of this Act, for staff working directly 

to prevent, prepare for, and respond to coronavirus among persons 

who are homeless or at risk of homelessness, and that such activities 

shall not be considered administrative costs for purposes of the 

10 percent cap: Provided further, That in administering the amounts 

made available under this heading in this Act, the Secretary may 

waive, or specify alternative requirements for, any provision of 

any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient 

of these amounts (except for requirements related to fair housing, 

nondiscrimination, labor standards, and the environment unless 

otherwise provided under this paragraph), if the Secretary finds 

that good cause exists for the waiver or alternative requirement 

and such waiver or alternative requirement is necessary to prevent, 

prepare for, and respond to coronavirus: Provided further, That 

any such waivers shall be deemed to be effective as of the date 

a State or unit of local government began preparing for coronavirus 

and shall apply to the use of amounts provided under this heading 

in this Act and amounts provided under the same heading for 
H. R. 748—330 

the Emergency Solutions Grant program in prior Acts used by 

recipients to prevent, prepare for, and respond to coronavirus: Provided further, That the Secretary shall notify the public through 

the Federal Register or other appropriate means of any such waiver 

or alternative requirement, and that such public notice may be 

provided, at a minimum, on the Internet at the appropriate Government web site or through other electronic media, as determined 

by the Secretary: Provided further, That any additional activities 

or authorities authorized pursuant to this Act, including any 

waivers and alternative requirements established by the Secretary 

pursuant to this Act, may also apply at the discretion and upon 

notice of the Secretary with respect to all amounts made available 

for the Emergency Solutions Grants program under the heading 

‘‘Homeless Assistance Grants’’ in any prior Act and used by recipients to prevent, prepare for, and respond to coronavirus: Provided 

further, That up to 1 percent of amounts made available under 

this heading in this Act may be used to make new awards or 

increase prior awards made to existing technical assistance providers with experience in providing health care services to homeless 

populations, without competition, to provide an immediate increase 

in capacity building and technical assistance available to recipients 

of amounts for the Emergency Solutions Grants program under 

this heading in this Act and under the same heading in prior 

Acts: Provided further, That none of the funds provided under 

this heading in this Act may be used to require people experiencing 

homelessness to receive treatment or perform any other prerequisite 

activities as a condition for receiving shelter, housing, or other 

services: Provided further, That such amount is designated by the 

Congress as being for an emergency requirement pursuant to section 

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

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

For an additional amount for ‘‘Project-Based Rental Assistance’’, 

$1,000,000,000, to remain available until expended, to prevent, 

prepare for, and respond to coronavirus, including to provide additional funds to maintain normal operations and take other necessary 

actions during the period that the program is impacted by 

coronavirus, for assistance to owners or sponsors of properties 

receiving project-based assistance pursuant to section 8 of the 

United States Housing Act of 1937 (42 U.S.C. 1437f et seq.): Provided, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the 

Secretary administers in connection with the use of amounts made 

available under this heading in this Act (except for requirements 

related to fair housing, nondiscrimination, labor standards, and 

the environment), upon a finding by the Secretary that any such 

waivers or alternative requirements are necessary to expedite or 

facilitate the use of such amounts to prevent, prepare for, and 

respond to coronavirus, and such waiver or alternative requirement 

is consistent with the purposes described under this heading in 

this Act: Provided further, That the Secretary shall notify the 

public through the Federal Register or other appropriate means 

of any such waiver or alternative requirement in order for such 
H. R. 748—331 

waiver or alternative requirement to take effect, and that such 

public notice may be provided, at a minimum, on the Internet 

at the appropriate Government web site or through other electronic 

media, as determined by the Secretary: Provided further, That 

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

HOUSING FOR THE ELDERLY

For an additional amount for ‘‘Housing for the Elderly’’, $50,000,000, to remain available until September 30, 2023, to prevent, prepare for, and respond to coronavirus, including to provide 

additional funds to maintain normal operations and take other 

necessary actions during the period that the program is impacted 

by coronavirus, for assistance to owners or sponsors of properties 

receiving project-based assistance pursuant to section 202 of the 

Housing Act of 1959 (12 U.S.C. 1701q), as amended: Provided, That of the amount provided under this heading in this Act, up 

to $10,000,000 shall be for service coordinators and the continuation 

of existing congregate service grants for residents of assisted 

housing projects: Provided further, That the Secretary may waive, 

or specify alternative requirements for, any provision of any statute 

or regulation that the Secretary administers in connection with 

the use of amounts made available under this heading in this 

Act (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by 

the Secretary that any such waivers or alternative requirements 

are necessary to expedite or facilitate the use of such amounts 

to prevent, prepare for, and respond to coronavirus, and such waiver 

or alternative requirement is consistent with the purposes described 

under this heading in this Act: Provided further, That the Secretary 

shall notify the public through the Federal Register or other appropriate means of any such waiver or alternative requirement in 

order for such waiver or alternative requirement to take effect, 

and that such public notice may be provided, at a minimum, on 

the Internet at the appropriate Government web site or through 

other electronic media, as determined by the Secretary: Provided 

further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

HOUSING FOR PERSONS WITH DISABILITIES

For an additional amount for ‘‘Housing for Persons with Disabil- ities’’, $15,000,000, to remain available until September 30, 2023, 

to prevent, prepare for, and respond to coronavirus, including to 

provide additional funds to maintain normal operations and take 

other necessary actions during the period that the program is 

impacted by coronavirus, for assistance to owners or sponsors of 

properties receiving project-based assistance pursuant to section 

811 of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 8013), as amended: Provided, That the Secretary may waive, 

or specify alternative requirements for, any provision of any statute 

or regulation that the Secretary administers in connection with 

the use of amounts made available under this heading in this 

Act (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by 
H. R. 748—332 

the Secretary that any such waivers or alternative requirements 

are necessary to expedite or facilitate the use of such amounts 

to prevent, prepare for, and respond to coronavirus, and such waiver 

or alternative requirement is consistent with the purposes described 

under this heading in this Act: Provided further, That the Secretary 

shall notify the public through the Federal Register or other appropriate means of any such waiver or alternative requirement in 

order for such waiver or alternative requirement to take effect, 

and that such public notice may be provided, at a minimum, on 

the Internet at the appropriate Government web site or through 

other electronic media, as determined by the Secretary: Provided 

further, That such amount is designated by the Congress as being 

for an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For an additional amount for ‘‘Fair Housing Activities’’, 

$2,500,000, to remain available until September 30, 2021, for contracts, grants, and other assistance, as authorized by title VIII 

of the Civil Rights Act of 1968, as amended by the Fair Housing 

Amendments Act of 1988, and section 561 of the Housing and 

Community Development Act of 1987, to prevent, prepare for, and 

respond to coronavirus, of which $1,500,000 shall be for the Fair 

Housing Assistance Program Partnership for Special Enforcement 

grants to address fair housing issues relating to coronavirus, and 

$1,000,000 shall be for the Fair Housing Initiatives Program for 

education and outreach activities under such section 561 to educate 

the public about fair housing issues related to coronavirus: Provided, 

That such amount is designated by the Congress as being for 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, $5,000,000, to remain available until expended, to prevent, prepare 

for, and respond to coronavirus: Provided, That the funding made 

available under this heading in this Act shall be used for conducting 

audits and investigations of projects and activities carried out with 

funds made available in this Act to the Department of Housing 

and Urban Development to prevent, prepare for, and respond to 

coronavirus: Provided further, That such amount is designated by 

the Congress as being for an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 22001. Of the amounts made available from the Airport 

and Airway Trust Fund for ‘‘Federal Aviation Administration— 

Operations’’ in title XI of division B of the Bipartisan Budget 

Act of 2018 (Public Law 115–123), up to $25,000,000 may be used 

to prevent, prepare for, and respond to coronavirus: Provided, That 

amounts repurposed in this section that were previously designated 

by the Congress as an emergency requirement pursuant to the 
H. R. 748—333 

Balanced Budget and Emergency Deficit Control Act of 1985 are 

designated by the Congress as an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

SEC. 22002. For amounts made available by this Act under 

the headings ‘‘Northeast Corridor Grants to the National Railroad 

Passenger Corporation’’ and ‘‘National Network Grants to the 

National Railroad Passenger Corporation’’, the Secretary of 

Transportation may not waive the requirements under section 

24312 of title 49, United States Code, and section 24305(f) of title 

49, United States Code: Provided, That for amounts made available 

by this Act under such headings the Secretary shall require the 

National Railroad Passenger Corporation to comply with the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railway 

Labor Act (45 U.S.C. 151 et seq.), and the Railroad Unemployment 

Insurance Act (45 U.S.C. 351 et seq.): Provided further, That not 

later than 7 days after the date of enactment of this Act and 

each subsequent 7 days thereafter, the Secretary shall notify the 

House and Senate Committees on Appropriations, the Committee 

on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation 

of the Senate of any National Railroad Passenger Corporation 

employee furloughs as a result of efforts to prevent, prepare for, 

and respond to coronavirus: Provided further, That in the event 

of any National Railroad Passenger Corporation employee furloughs 

as a result of efforts to prevent, prepare for, and respond to 

coronavirus, the Secretary shall require the National Railroad Passenger Corporation to provide such employees the opportunity to 

be recalled to their previously held positions as intercity passenger 

rail service is restored to March 1, 2020 levels and not later than 

the date on which intercity passenger rail service has been fully 

restored to March 1, 2020 levels. 

SEC. 22003. For the duration of fiscal year 2020, section 

127(i)(1)(A) of title 23, United States Code, shall read as if and 

apply to situations in which: the President has declared an emergency or a major disaster under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

SEC. 22004. No later than September 30, 2020, the remaining 

unobligated balances of funds made available for the youth 

homelessness demonstration under the heading ‘‘Department of 

Housing and Urban Development—Community Planning and 

Development—Homeless Assistance Grants’’ in the Consolidated 

Appropriations Act, 2018 (Public Law 115–141) are hereby permanently rescinded, and an amount of additional new budget authority 

equivalent to the amount rescinded is hereby appropriated, to 

remain available until September 30, 2021, in addition to other 

funds as may be available for such purposes, and shall be available, 

without additional competition, for completing the funding of 

awards made pursuant to the fiscal year 2018 youth homelessness 

demonstration. 

HIGHWAY SAFETY GRANTS EMERGENCY AUTHORITY

SEC. 22005. (a) IN GENERAL.—The Secretary of Transportation 

(referred to in this section as the ‘‘Secretary’’) may waive or postpone 

any requirement under section 402, 404, 405, or 412 of title 23, 

United States Code, section 4001 of the FAST Act (Public Law 

114–94; 129 Stat. 1497), or part 1300 of title 23, Code of Federal 
H. R. 748—334 

Regulations (or successor regulations), if the Secretary determines 

that— 

(1) the Coronavirus Disease 2019 (COVID–19) is having 

a substantial impact on— 

(A) the ability of States to implement or carry out 

any grant, campaign, or program under those provisions; 

or 

(B) the ability of the Secretary to carry out any responsibility of the Secretary with respect to a grant, campaign, 

or program under those provisions; or 

(2) the requirements of those provisions are having a 

substantial impact on the ability of States or the Secretary 

to address the Coronavirus Disease 2019 (COVID–19). 

(b) REPORT.—The Secretary shall periodically submit to the 

relevant committees of Congress a report describing— 

(1) each determination made by the Secretary under subsection (a); and 

(2) each waiver or postponement of a requirement under 

that subsection. 

(c) EMERGENCY REQUIREMENT.—The amount provided by this 

section is designated by the Congress as being for an emergency 

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

Budget and Emergency Deficit Control Act of 1985. 

TITLE XIII 

GENERAL PROVISIONS—THIS ACT 

SEC. 23001. Each amount appropriated or made available by 

this Act is in addition to amounts otherwise appropriated for the 

fiscal year involved. 

SEC. 23002. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year unless expressly so provided herein. 

SEC. 23003. Unless otherwise provided for by this Act, the 

additional amounts appropriated by this Act to appropriations 

accounts shall be available under the authorities and conditions 

applicable to such appropriations accounts for fiscal year 2020. 

SEC. 23004. (a) Subject to subsection (b), and notwithstanding 

any other provision of law, funds made available in this Act, or 

transferred pursuant to authorization granted in this Act, may 

only be used to prevent, prepare for, and respond to coronavirus. 

(b) Subsection (a) shall not apply to sections 11002, 13002, 

and 18114 of this Act, reimbursements made pursuant to authority 

in this Act, or to funds made available in this Act for the Emergency 

Reserve Fund, established pursuant to section 7058(c)(1) of division 

J of Public Law 115–31, or to funds made available in this Act 

for the Infectious Diseases Rapid Response Reserve Fund, established pursuant to section 231 of division B of Public Law 115– 

245. 

(c) This section shall not apply to title VI of this Act. 

SEC. 23005. In this Act, the term ‘‘coronavirus’’ means SARS– 

CoV–2 or another coronavirus with pandemic potential. 

SEC. 23006. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, 
H. R. 748—335 

if applicable) only if the President subsequently so designates all 

such amounts and transmits such designations to the Congress. 

SEC. 23007. Any amount appropriated by this Act, designated 

by the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, 

and transferred pursuant to transfer authorities provided by this 

Act shall retain such designation. 

BUDGETARY EFFECTS

SEC. 23008. (a) STATUTORY PAYGO SCORECARDS.—The budgetary effects of this division shall not be entered on either PAYGO 

scorecard maintained pursuant to section 4(d) of the Statutory 

Pay As-You-Go Act of 2010. 

(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this 

division shall not be entered on any PAYGO scorecard maintained 

for purposes of section 4106 of H. Con. Res. 71 (115th Congress). 

(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 

Rule 3 of the Budget Scorekeeping Guidelines set forth in the 

joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) 

of the Balanced Budget and Emergency Deficit Control Act of 1985, 

the budgetary effects of this division shall be estimated for purposes 

of section 251 of such Act. 

(d) ENSURING NO WITHIN-SESSION SEQUESTRATION.—Solely for 

the purpose of calculating a breach within a category for fiscal 

year 2020 pursuant to section 251(a)(6) or section 254(g) of the 

Balanced Budget and Emergency Deficit Control Act of 1985, and 

notwithstanding any other provision of this division, the budgetary 

effects from this division shall be counted as amounts designated 

as being for an emergency requirement pursuant to section 

251(b)(2)(A) of such Act. 

This division may be cited as the ‘‘Emergency Appropriations 

for Coronavirus Health Response and Agency Operations’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.